Privacy Policy

Updated: 1/18/2024

RECITAL

Capably respects your privacy and is committed to protecting your personal data. In order to provide you with the best possible services, we may collect and process your personal data. The purpose of this privacy policy is to help you better understand how we collect, store, and process this personal data, whether you’re a Capably customer, a student/subscriber to a Capably customer, an affiliate, or even if you’re just visiting the Capably website.

Capably’s website may include links to third party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements or practices. Our privacy policy does not apply to any information collected by any third party, including through any application or content that may be accessible via our website. When you leave our website, we encourage you to read the privacy policy of every website you visit.

Article 1 MINORS

1.1 If you are a minor, you may use our website only with the permission and active involvement of a parent or legal guardian. If you are a minor, please do not provide us or other website visitors with any personal information and do not use this website. If we learn we have collected or received personal information from a minor without verification of parental consent, we may delete that information. If you believe we might have any information from or about a minor, please contact us at info@gocapably.org, or send us mail to the address listed below.

Article 2 DEFINITION OF PERSONAL DATA

2.1 Definition. Personal data or personal information means any information about an individual from which that person can be identified (“Personal Data”).

2.2 Processing. We may process (e.g., collect, use, store, transfer) personal data about you.

2.3 Types. Personal Data may include (a) identity data (e.g., first name, last name, username or other identifier, marital status, title, date of birth, sex, etc.), (b) contact data (e.g., billing address, delivery address, email address, telephone number, etc.), (c) financial data (e.g., bank account information, payment card details, etc.), (d) transaction data (e.g., payments to and from you, details of products and services you have purchased from use), (e) technical data (e.g., internet protocol address, login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, etc.), (f) profile data (e.g., username, password, interests, preferences, feedback, etc.), (g) usage data (e.g., information about how you use our website, products, and services), or (h) marketing and communications data (e.g., preferences in receiving marketing from us, communications preferences, etc.).

Article 3 COLLECTION OF PERSONAL DATA

3.1 Personal Data. In order to offer and access our services, we need to collect certain Personal Data from our client, such as, without limitation, (a) by collecting client contact data, identity data and technical data to provide our clients with the services, to confirm our client’s identity, or to contact our clients, (b) by collecting usage data about Capably-hosted webpages, including how our clients interact with such webpages, and by collecting data about how and when our clients access their account in order to give them access and to continuously improve our services, (c) by collecting profile data in the course of offering our client’s courses to others, or (d) when transactions between our clients and our website involve payment by credit card, debit card, checks, money orders, and/or third party online payment services, by collecting financial data and transaction data as part of the course of doing business. Personal Data is collected when our clients sign up for our services, when they access our services or otherwise provide us with the personal data. In some circumstances, when clients have given us express permission, we may also use and store their personal data.

3.2 User Data. In order to provide our services, we collect and process Personal Data about our clients’ students/subscribers, such as, without limitation, (a) by collecting contact data, identity data, technical data and profile data about our clients’ students/subscribers to allow them to access our services for processes such as enrollment, authentication, or otherwise administering our clients’ courses (this information is given on a voluntary basis when a client uses or accesses our services, for example when a client visits a Capably site, enrolls in a course, or signs up for an account on a third party site), (b) by collecting usage data about how our clients’ students interact with a course(s) and website(s), including but not limited to, their progress through the course, quiz scores, survey results, discussion or forum contributions and other student activities, or (c) when transactions between learners and our website or our clients’ courses may involve payment by credit card, debit card, checks, money orders, and/or third party online payment services, by collecting financial data and transaction data in order to provide our clients with the services, including a billing address, telephone number, and other information related to the transaction.

3.3 Affiliate Data. In order to provide our services to clients and users, we collect and process Personal Data from our affiliates, such as, without limitation, by collecting identity data, financial data, profile data, usage data and technical data whenever a client signs up for a Partner, Affiliate, Ambassadors, or Expert Account or when a affiliate signs up one of its clients for our services, in order to register and give access to their respective accounts and to improve our services.

3.4 Capably Website Visitors and Support Users. In order to provide and improve our services, we collect Personal Data about website visitors and support users, such as, without limitation, (a) by collecting usage data including IP addresses and interactions with the website, (b) by collecting usage data such as when visited, the website from where the visitor came prior to visiting us, the website where the visitor went after leaving our website, the visitor’s computer’s operating system, location data, and the type of web browser used, (c) by collecting contact data and identity data submitted by visitors via any messaging or email feature available from any of our websites, (d) by receiving contact data when any party submits help tickets or makes other requests to Capably via any of our websites, (e) by collecting the contact data of our telephone support users, (f) for all those that email us for technical support, by collecting contact data, identity data and technical data, or (g) if you use our forum or community, by collecting a party’s contact data. We collect this personal data when you visit any Capably-hosted web pages, use services offered on our websites or engage with us either by email, web form, instant message, phone, or post content on or through our websites (including forums, blogs and via any Messaging Feature). We also collect any additional information that you might provide to us. We use this information to provide and enhance our services (including servicing your account, if applicable), and to answer any questions you may have.

Article 4 USE OF PERSONAL DATA

4.1 Use. We will only use your personal data when the law allows us to, such as, without limitation, (a) where we need to perform a contract we are about to enter into or have entered into with you, (b) where it is necessary for our legitimate business interests (or those of a third party) and your interests and fundamental rights do not override those interests, or (c) where we need to comply with a legal obligation. Generally, we do not rely on consent as a legal basis for processing Personal Data although we will get consent before sending third party direct marketing communications via email or text message. You have the right to withdraw consent to marketing at any time by contacting us and you can unsubscribe from any such marketing communications at any time. If you are a customer using Capably’s services, we do not use the Personal Data we collect from you or your customers to independently contact or market to your customers. However, Capably may contact or market to your customers if we obtain their information from another source, such as from the customers themselves.

4.2 Purpose. We have set out below a list, without limitation, of some of the ways we plan to use your Personal Data. We may use your Personal Data to:

  • register you as a new client;

  • process and deliver your order, including managing payments, fees, and charges, or collecting and recovering money owed to us;

  • manage our relationship with you, including notifying you about changes to our terms or privacy policy, or asking you to leave a review or take a survey;

  • administer and protect our business and this website, including troubleshooting, data analysis, testing, system maintenance, support, reporting, and hosting of data;

  • deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you;

  • use data analytics to improve our website, products/services, marketing, customer relationships and experiences

  • make suggestions and recommendations to you about goods or services that may be of interest to you

4.3 Basis. We may process your personal data for more than one lawful basis depending on the specific purpose for which we are using your data. Please contact us if you want any more information on the legal bases we use to process your personal data. The legal bases for processing of Personal Data include:

  • performance of the contract with you;

  • necessary for our legitimate interests, such as:

    • to recover debts due to us,

    • to keep our records updated,

    • to define types of customers for our products and services,

    • to study how customers use our products/services,

    • to develop our products/services,

    • to run, develop, and grow our business,

    • to inform our marketing strategy,

    • to keep our website updated and relevant,

    • for the provision of administration and IT services,

    • for the provision of network security,

    • to prevent fraud,

    • in the context of a business reorganization or group restructuring exercise,

  • necessary to comply with a legal obligation

4.4 Tracking. We may use cookies or similar tracking technologies on our webpages to track your sessions. Cookies may also be used to customize our website content for you as an individual.

4.5 Sharing with Third Parties. Capably works with third parties to help provide our services and we may share your Personal Data with them to support these efforts in accordance with the purposes and lawful bases set out in this Privacy Policy. In certain limited circumstances, we may also be required to share Personal Data with third parties to conform to legal requirements or to respond to lawful requests by governing authorities, including to meet national security or law enforcement requirements. Personal Data may be shared with third parties to prevent, investigate, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Service or any other agreement related to the services, or as otherwise required by law. Personal Data may also be shared with a company that acquires our business, whether through merger, acquisition, bankruptcy, dissolution, reorganization, or other similar transaction or proceeding. If this happens, we will post a notice on our homepage. We require all third parties to respect the security of your Personal Data and to treat it in accordance with the law. We do not allow our third-party service providers to use your Personal Data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

Article 5 SECURITY

5.1 Our Measures. We have put in place appropriate security measures to prevent your Personal Data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

5.2 Your Measures. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a username and password for access to certain parts of our website, you are responsible for keeping the username and password confidential. Do not give your password to anyone. If you enter a section of our website that requires a password, you should log out when you leave. As a safety precaution, you should also close out of your web browser completely and re-open it before viewing other parts of the Internet.

5.3 Internet. The transmission of information via the internet is not completely secure. Although we do our best to protect your personal data, we cannot guarantee the security of your personal data transmitted to our website. Any transmission of personal data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the website, including the illegal acts of third parties (such as criminal hacking).

Article 6 TERMINATION

6.1 If you decide to terminate your relationship with us, you may request that we delete your Personal Data. We try our best to comply with such requests but will continue to store archived copies of your Personal Data for legitimate business purposes and to comply with our legal and regulatory obligations. We will continue to store anonymous or anonymized information, such as website visits, without identifiers, in order to improve our services.

Article 7 INTERNATIONAL DATA

7.1 Transfers. Capably is a U.S. company. Capably may transfer your Personal Data outside of the country, state, or province in which you are located. Capably ensures that whenever we transfer your personal data out of the US and EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following appropriate safeguards is implemented: (a) we will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for processing of personal data pursuant to adequacy regulations made in accordance with applicable data protection laws; or (b) where we use certain service providers, we will enter into an agreement with those providers in the form of the standard contractual clauses approved in accordance with applicable data protection laws and which give personal data the same protection it has in the state of California.

7.2 Rights. If you are located in California, the United Kingdom, or the European Economic Area, you may have certain rights with respect to your personal data. Under certain circumstances, you may have the right to:

  • request access to your Personal Data;

  • request correction of your personal data

  • request erasure of your personal data

  • object to processing of your personal data

  • request restriction of processing your personal data

  • request transfer of your personal data

  • withdraw your consent

7.3 Contact. In order to exercise any of these rights, please reach out to us by email at info@gocapably.org, or by sending us mail to the address listed below.

Article 8 AMENDMENTS

8.1 Timing. We may amend this Privacy Policy at any time, in our sole discretion. The terms of this Privacy Policy may change from time to time. If we make material changes to how we treat the Personal Data that we process, we will notify you by posting the revised policy on our website or by other means when appropriate. Your continued use of this website constitutes your consent to such revised privacy policy. If you are concerned about any topic covered by this Privacy Policy, you should read it each time before you use our website or services.

8.2 Contact. Any questions or concerns about this Privacy Policy, or amendments thereto, should be brought to our attention by sending an e-mail to info@gocapably.org, or by sending us mail to the address listed below.

Article 9 COMMUNICATION

9.1 Autoresponders. Capably may use autoresponders to communicate with you by e-mail. To protect your privacy, we use a verified opt-in system for such communications and you can always opt-out of such communications using the links contained in each autoresponder message. If you have difficulties opting out, you may contact us by sending an e-mail to info@Capably.com, or sending us mail to the address listed below.

9.2 Anti-Spam Policy. We hate unsolicited commercial e-mail as much as you do: Spam or junk e-mail, is a disservice to the Internet and our community. If you subscribe to electronic newsletters or other communications from us or our website, you will always have an option to unsubscribe immediately. If you have additional questions, comments or concerns, please contact us by sending an e-mail to info@gocapably.org, or by sending us mail to the address listed below, and providing us with information relating to your concern.

9.3 Contact. Communications including questions, comments, or concerns regarding this Privacy Policy should be made in writing to:

Email: info@gocapably.org
Address: 4539 E. Muriel Dr., Phoenix, AZ 85032