Last Updated: May 1, 2015
This Privacy Policy covers Capitan's treatment of personally identifiable information ("Personal Information" ) and other data that Capitan gathers when you are accessing Capitan's Services. The Services are not available to individuals who are younger than 13 years old.
Personal Information about our users is an integral part of our business. We neither rent nor sell your Personal Information to anyone, though, as described more fully in this section below (under "Publicly Available Information, the Capitan API, and Apps"), your publicly-available information is available to third parties, and we may provide it to third parties, by license or otherwise. The default user settings for all data about you that is visible to others is summarized in our Privacy FAQs , together with information on how to change the default user settings or how to generally remove information, where applicable. Capitan may share your Personal Information only as described in this Privacy Policy and related documents.
In addition, use of third party apps developed using our API are subject to the terms of use and privacy policies of such third party developers. Certain Personal Information may be made available to third party developers if you or your "friends" use these third party apps. You should review the policies of third party apps and websites to ensure that you are comfortable with the ways in which they use and disclose the information you share with them. We do not guarantee that they will follow our rules or our Privacy Policy. Note that your friends will also be able to see which third party apps that you use.
Determining your location - The Services deal with location, so in order to work, the Services need to know your location. Whenever you open and use/interact with our apps on your mobile device or go to one of our Sites, we use the location information from your mobile device or browser (e.g., latitude and longitude) to tailor the Services experience to your current location (i.e., we’ll show you a list of nearby locations, friends and tips). This information is NOT shared with others. Also, the Services use your mobile device’s ‘background location’ to provide the Services, including to send you notifications of tips/friends/plans/interesting things etc. near you. If you have ‘background location’ turned on, the Capitan app will, from time to time, tell us about your device’s location even if you are not directly interacting with the application.
Sharing Location with the Capitan app (version 8.0.0 and later) - Your real-time location is not shared on the Capitan app. If you write a tip, like or otherwise interact with a place, users may infer that you have been to that location. Some content, like tips, are time stamped and other users could use that information to infer when you were at a place even though tips can be posted when you aren’t at the place you are leaving a tip about. Also, if you check into a place on Swarm, Capitan may show your followers that you have been to that place.
Sharing Location with the Capitan app (prior to version 8.0.0) - Your location data is ONLY shared with others when you proactively decide to "check in" on the Capitan app to tell the Services you’re at a particular place or, if you have turned on 'check-in by friends,' when your friend mentions you in his or her check in. The location information shared with a "check in" is the location information of that place.
Sharing Location with Swarm app - Sharing Location with Swarm app - By default, neighborhood sharing is turned on and your location data, at a neighborhood level, is shared with your Swarm friends and is updated from time to time using your background location. You can turn off neighborhood sharing. Your location is also shared when you proactively decide to "check in" on the Swarm app to tell the Services you're at a particular place or, if you have turned on 'check-in by friends,' when your friend mentions you in his or her check in. The location information shared with a "check in" is the location information of that place. Additionally, when you send a message on Swarm, your mobile device's location is shared with all recipients of the message, including friends of friends on Swarm who have received the same message (e.g., if you respond to a group message sent by a friend, all of the participants in that group message may see your mobile device's location).
Your Check-in History - Each of your check-ins using the Services is saved to your "Check-in History," which allows you and your friends to look back at all the locations you have checked in since you created your Services account. You can delete any or all of your check-ins from the check-in details page on our website and in the apps. If for some reason you ever decide to delete your Services account, your entire check-in history will be removed from our database.
The Services include several features that may allow you to share your information with others. For each of these and our other features, the information available to friends and others, our default user settings, and how to alter the default settings, is available in the Privacy FAQs . Please review them carefully. Please remember that if you choose to provide personal information using certain features of the Services, that information may be available to the wider Services community, or may be published on our Sites, which is subject to indexing by third party search engines.
If you do not want to receive commercial email or other mail from us, please indicate your preference by making a modification on your account settings page or through the 'settings' tab on our website once you're logged into the Services. Please note that if you do not want to receive legal notices from us, such as notices regarding this Privacy Policy, those legal notices will still govern your use of the Services, and you are responsible for reviewing such legal notices for changes. We may receive a confirmation when you open an email from Capitan if your computer supports this type of program. Capitan uses this confirmation to help us make emails more interesting and helpful and improve our service.
We and our agents use technologies like cookies, pixels, and local storage (like on your browser or device, which is similar to a cookie but holds more information) and identifiers (including identifiers supplied by your browser or device or by app platform companies) on our website, in our emails, and within our apps to provide you with a range of products and services. You can control cookies through your browser settings and other tools. For more information, including the types of cookies and similar technologies found on Capitan, please read Capitan's 'Cookie Policy’ . By continuing to use our Services through your computer or mobile device, you consent to our use of cookies, pixels and local storage in accordance with this Privacy Policy and Capitan's Cookie Policy.
We may work with advertisers or other partners and advertising service providers to serve ads or services that may be relevant to you based on your inferred interests or location (or both) to computers, mobile phones or other devices, which may use a device ID, cookie, pixel or other similar technology placed by Capitan or the third party (although we would not share any other information that identifies you with an advertiser) on our Services, or on a third party website or app. This Privacy Policy and Capitan's Cookie Policy covers the use of cookies by Capitan and its service providers and does not cover the use of cookies by any advertisers. For information about how to opt out of receiving behavioral advertisements from our advertising partners, . Also, certain versions of the iOS operating system permit you to "Limit Ad Tracking" in the system settings and certain versions of the Android operating system allow you to "Opt out of Interest-Based Ads" in the system settings. Additionally, you can opt-out of Capitan serving behaviorally targeted ads outside of Capitan's apps and websites in your account settings . At this time we do not honor Do Not Track ("DNT") signals.
Your Capitan account Personal Information is protected by a password for your privacy and security. You need to prevent unauthorized access to your account and Personal Information by selecting and protecting your password appropriately, and limiting access to your computer and browser by signing off after you have finished accessing your account.
Capitan endeavors to safeguard user information to ensure that user account information is kept private. However, Capitan cannot guarantee the security of user account information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
The Services may contain links to other sites. Capitan is not responsible for the privacy policies and/or practices on other sites. When linking to another site, you should read the privacy policy stated on that site. This Privacy Policy only governs information collected on the Services.
If you are located outside of the United States, please note that this site is hosted on our computer servers in the United States. Therefore, your information may be processed and stored in the United States. As a result, United States federal and state governments, courts, or law enforcement or regulatory agencies may be able to obtain disclosure of your information through laws applicable in the United States. Your use of the Sites or the Services or your submission of any Personal Information to us will constitute your consent to the transfer of your Personal Information outside of your home country, including the United States, which may provide for different data protection rules than in your country.
Capitan complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. Capitan has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view Capitan’s certification, please visit http://www.export.gov/safeharbor/ .
Capitan allows you to access the following information about you for the purpose of viewing, and in certain situations, updating that information and ensuring that it is accurate and complete. You can access this information on the Services by visiting the user settings page (except usage information, which can be accessed in the "History" tab). This list will change as our Service changes.
If you have questions about the Personal Information we have collected from you, you can email privacy@getcapitan.com.
Should you ever decide to delete your Services account, you may do so by clicking on the "delete account" link on your account . If you terminate your account, your profile, including your check-in history, badges/stickers you received, your User Submissions (as defined in Capitan's Terms of Service) and any promotional offers you received, will be removed from the site and deleted from Capitan's servers. Because of the way we maintain Capitan, such deletion may not be immediate, and residual copies of your profile information or posts may remain on backup media for up to ninety (90) days.
You can remove/change content or information that you have posted on the Services on your account and profile through the Services or you can ask us to remove it by writing to support@Capitan.com. Even after you remove information from your account or profile, copies of that information may remain viewable elsewhere, to the extent it has been shared with others, it was otherwise distributed pursuant to your privacy settings, or it was copied or stored by other users. Removed and deleted information may remain on backup media for up to ninety (90) days prior to being deleted from our servers.
Capitan may amend this Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make material changes in the way we use Personal Information, we will notify you by posting an announcement on our Services or sending you an email. Users are bound by any changes to the Privacy Policy when they use the Services after such changes have been first posted.
If you have any questions or concerns regarding privacy using the Service, please send a detailed message to: privacy@getcapitan.com. We will make every effort to resolve your concerns.