CAPIGAMI, INC. Privacy Policy

Last Updated : May 20, 2014

This privacy policy (this “Policy”) describes the collection of personal information by Capigami, Inc., a Delaware corporation (“Capigami,” “we,” or “us”) from users of our website at www.capigami.com and www.outofmilk.com (collectively, the “Website”), as well as all related applications, widgets, software, tools, and other services provided by us and on which a link to this Policy is displayed (collectively, together with the Website, our “Service”). This Policy also describes our use and disclosure of such information. By using our Service, you consent to the collection, use, and disclosure of personal information in accordance with this Policy. This Policy is incorporated by reference into the Capigami Terms of Use [http://www.outofmilk.com/Terms.aspx] and End User License Agreement [http://www.outofmilk.com/EULA.aspx] for the mobile-device, software applications that we may provide as part of the Service (“Apps”).

Personal Information

Personal Information,” as used in this Policy, is information that specifically identifies an individual, such as an individual's name, address, telephone number, or email address.

Personal Information does not include “aggregate” or other non-personally identifiable information. Aggregate information is information that we collect about a group or category of products, services, or users that is not personally identifiable or from which individual identities are removed.

Collection of Information

Information You Provide

We collect information that our users provide to us in a variety of ways on our Service. These include the following:

1. User Accounts: Our Service may give you the ability to register for a Capigami account or to create an account on the applicable Service. If we offer user account functionality on the Service, we will collect the Personal Information that you provide to us in the course of registering for an account or updating your account. This information may include, for example, name, email address, zip code, country, and related demographic information about you. We may indicate that some Personal Information is required for you to register for the account, while some may be optional.

2. List Information. When you use our Service, we collect information about the lists you create and the content you include on these lists.

3. Purchase Information, Product Scans, and Surveys. When you use our Service, we collect information about purchases and product scans you make and surveys you fill out.

4. Email Newsletters: We may offer email newsletters from time to time on our Service. If you sign up to receive a newsletter from us, we collect your email address.

5. Integrated Services: You may be given the option to access or register for the Service through the use of your user names and passwords for certain services provided by third parties (each an “Integrated Service”), such as through the use of your Facebook credentials through Facebook Connect or your Google credentials through Google+. By doing this, you authorize us to access and store the credentials you provide, such as your name, email address(es), age range, gender, country, profile picture, language, friend list and other information that the Integrated Service makes available to us, and to use and disclose it in accordance with this Policy. You should check your Integrated Service privacy settings to understand and change the information sent to us through the Integrated Service. Please review each Integrated Service’s terms and privacy policies carefully before using their services and connecting to our Service.

6. Correspondence: If you contact us by email, using a contact form on the Service, or by mail, fax, or other means, we collect the information contained within, and associated with, your correspondence.

7. Interactive Features: Our Service may contain interactive functionality that allows you to engage with other users on the Service, share your lists and other content (the “User Materials”), participate in surveys, and otherwise to interact with the Service and with other users. If you use any interactive functionality on our Service that requests or permits you to provide us with Personal Information (including, for example, any services that allow you to post User Materials on any of our Service), we collect the information that you provide to us in the course of using these interactive features.

8. Contests and Sweepstakes: We or our advertisers and other business partners may conduct or sponsor special contests, sweepstakes, and other promotions that users may enter or otherwise participate in on our Service. Certain of these promotions may be co-branded with one of our advertisers or other business partners. In these instances, the collection of your Personal Information may occur directly by the third-party partner on its website or other online service and may be shared with us. The promotion will state the privacy policy or policies governing the collection of such Personal Information.

Information We Receive From Your Use of Our Services

When you visit our Service, some information is collected automatically. For example, when you access our Service, we may automatically collect your browser’s Internet Protocol (IP) address, your browser type, the type of device from which you are visiting the Service, the identifier associated with any mobile device you may be using, the location information about your device, the website that you visited immediately prior to accessing any web-based Service, the actions you take on our Service, and the content, features, and activities that you access and participate in on our Service. We also may collect information regarding your interaction with email messages, such as whether you opened, clicked on, or forwarded a message.

We may collect this information passively using technologies such as standard server logs, cookies, and clear GIFs (also known as “web beacons”). We use such information for purposes such as administering, operating, and improving our services and offering more relevant advertising on our Service.

Please be aware that in the course of your use of the Service, websites or other services provided by third parties (“Third-Party Services”), including, for example, Google Analytics, may set cookies or other technologies on your hard drive to collect non-personally identifiable information about your use of the Service in order to assist us in understanding our users’ activities on the Services. We do not have access to, or control over, the actions of Third-Party Services. Each provider of Third-Party Services uses information that it collects in accordance with its own privacy policies.

Location Information

When you use our Apps, we collect information about the location of your mobile device such as your country, latitude, longitude and what stores, retailers or other merchants are physically near the location of your mobile device. Your device’s operating system may give you the option of enabling or disabling the collection of certain location information at any time through your mobile device.

Use of Your Information

We use the information we collect to provide services and information that you request; to enhance, improve, operate, and maintain our Service, our programs, services, websites, and other systems; to prevent fraudulent use of our Service and other systems; to prevent or take action against activities that are, or may be, in violation of our Terms of Use [http://www.outofmilk.com/Terms.aspx], End User License Agreement [http://www.outofmilk.com/EULA.aspx] or applicable law; to provide and tailor advertisements, content, and other aspects of your experience on and in connection with the Service; to perform anonymous market research; to maintain a record of our dealings with you; for other administrative purposes; and for any other purposes that we may disclose to you at the point at which we request your information, and with your consent.

We may also use the information we collect to contact you regarding products, services, and offers, both from ourselves and from third parties, that we believe you may find of interest. We allow you to opt-out from receiving marketing communications from us as described in the “Choice” section below.

Disclosure of Your Information

Except as described in this Policy, we will not disclose your Personal Information that we collect on the Service to third parties without your consent. We may disclose information to third parties if you consent to us doing so, as well as in the following circumstances:

Service Providers

We engage other companies and individuals to perform certain services and functions on our behalf. For example, we may engage third parties to send email and postal mail, analyze data, provide marketing services, process applications, provide search results and links (including paid listings and links), and provide customer service. We contractually obligate these service providers to access and use the Personal Information we make available to them only as needed to perform their functions and for no other purposes.

Advertising Partners

We may disclose non-personally identifiable information relating to your location (including the merchants that are physically near your device), items on your lists, device and other identifiers, and mobile device model to our third party advertising partners to provide and tailor deals, advertisements and content as part of the Service. In addition, we may disclose to our advertising partners information regarding your interaction with content provided by these advertising partners, for example, the number of times you view and click on such deals, advertisements and content.

Emailing and Sharing Lists

Some features on our Service may allow you to upload, post, or otherwise transmit User Materials to other people. For example, you may be able to email your lists or share your lists with other users. Please be aware that any Personal Information that you include within any such User Materials will be made available to those people that you designate, as well as our third party advertising partners, as described above. You include Personal Information in User Materials at your sole risk. Even after information posted on the Service is removed, those people with whom you have shared the information may have copied or stored such information.

Business Transfers

Information about our users, including Personal Information, may be disclosed and otherwise transferred to an acquirer, or successor or assignee as part of any merger, acquisition, debt financing, sale of Capigami assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which Personal Information is transferred to one or more third parties as one of our business assets.

To Protect our Interests

We also disclose Personal Information if we believe that doing so is legally required, or is in our interest to protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights or property of others, or otherwise to help protect the safety or security of our Service and other users of the Service.

Choice

If you receive promotional emails from us, you may unsubscribe at any time by following the instructions contained within the email. You may also opt-out from receiving promotional emails from us by sending your request to us by email at privacy@capigami.com or by writing to us at the address given at the end of this policy.

Please be aware that if you opt-out of receiving promotional emails from us, it may take up to ten business days for us to process your opt-out request, and you may receive promotional emails from us during that period. Additionally, even after you opt-out from receiving promotional messages from us, you will continue to receive administrative messages from us regarding our Service.

Access

If we offer the ability to create user accounts on our Service, you may have the ability to access and update certain Personal Information that you provide to us by logging in to your account and accessing your account settings. If you wish to access or amend any other Personal Information we hold about you, you may contact us at privacy@capigami.com.

If you request that we delete your account on any of our Service (via a user settings page, by email, or otherwise), we will do so within a reasonable period of time, but we may need to retain some of your information in order to satisfy our legal obligations, or where we reasonably believe that we have a legitimate reason to do so.

Links

The Service may contain links to other websites, products, or services that we do not own or operate. For example, the Service may contain links to third-party merchants from which you may receive deals through the Service. If you choose to visit or use any Third-Party Sites or products or services available on or through such Third-Party Sites, please be aware that this Policy will not apply to your activities or any information you disclose while using those Third-Party Sites or any products or services available on or through such Third-Party Sites. We are not responsible for the privacy practices of these Third-Party Sites or any products or services on or through them. Additionally, please be aware that the Service may contain links to websites and services that we operate but that are governed by different privacy policies. We encourage you to carefully review the privacy policies applicable to any website or service you visit other than the Service before providing any Personal Information on them.

Children

Children’s safety is important to us, and we encourage parents and guardians to take an active interest in the online activities of their children. Our Service is not directed to children under the age of 13, and we do not knowingly collect Personal Information from children under the age of 13 without obtaining parental consent. If we learn that we have collected Personal Information from a child under the age of 13 on our Service, we will delete that information as quickly as possible. If you believe that we may have collected any such Personal Information on our Service, please notify us at privacy@capigami.com.

International Visitors

Our servers and data centers are located in the United States. If you choose to use the Service from outside the U.S., then you should know that you are transferring your Personal Information outside of your region and into the U.S. for storage and processing. By providing your Personal Information to us through your use of the Service, you agree to that transfer, storage, and processing in the U.S. Also, we may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Service. You should know that each region can have its own privacy and data security laws, some of which may be less stringent as compared to those of your own region.

Security

We use security measures to help protect information from accidental loss, disclosure, misuse, and destruction. These measures may include regular review of our system logs, data encryption, and security software on our networks and servers. Please be aware, however, that no data security measures can be guaranteed to be completely effective. Consequently, we cannot ensure or warrant the security of any information that you provide to us. You transmit information to us at your own risk.

Updates to this Policy

We may occasionally update this Policy. When we do, we will also revise the “last updated” date at the beginning of the Policy. Your continued use of our Service after such changes will be subject to the then-current policy. If we change this Policy in a manner that is materially less restrictive of our use or disclosure of your Personal Information, we will use reasonable efforts to notify you of the change and to obtain your consent prior to applying the change to any Personal Information that we collected from you prior to the date the change becomes effective. We encourage you to periodically review this Policy to stay informed about how we collect, use, and disclose information.

Contacting Us

If you have any questions or comments about this Policy, please contact us using the following contact information:

Capigami, Inc.
156 2nd St.
San Francisco, CA 94105 privacy@capigami.com