Privacy Policy

This CAPFIVE Data Privacy Policy was updated on June 11, 2018

CAP5 Technology Solutions, LLC and its subsidiaries, CMIT Solutions of Houston – Katy and CMIT Solutions of Houston – Willowbrook, hereinafter collectively referred to as CAPFIVE, is committed to protecting your privacy.

This Data Privacy Policy tells you about CAPFIVE’s policy and practice for the collection, use, processing, storage, transfer, protection, and disclosure of information that we may collect about you through our website, www.capfive.com, or any subdomains, other CAPFIVE websites, marketing events or our partners.

Before you access and use our websites or submit your personal information to us, you will be asked to provide your authorization and consent by agreeing to the terms and conditions of this CAPFIVE Data Privacy Policy and consenting to the collection, your submission (if applicable), and processing of information about you as described herein, in compliance with relevant data protection laws.

The collection, use, processing, storage, transfer and disclosure of your Personal Information (as defined below) will be limited to the terms under which you provide CAPFIVE your authorization.

CAPFIVE is committed to compliance with all relevant country-specific data privacy laws, including EU Standard Contractual Clauses, model contracts / transfer agreements, privacy statements and policies, and country-specific filings if applicable. This Data Privacy Policy covers www.capfive.com and all other CAPFIVE websites.

Collection of Your Personal Information
Personal information (“Personal Information”) is data that can be used to identify, either directly or indirectly, an individual to whom the information applies. The information that we may collect from you includes your name, mailing address, phone number, email address, contact preferences, occupation, login information (account number, password), marketing preferences, social media account information, and as applicable, IP address.

CAPFIVE will not collect any Personal Information about you unless you voluntarily choose to provide it to us or our partners (e.g. to utilize our online ticketing system, download of white papers or datasheets, participate in surveys, register for marketing events, promotions or job applications), and you provide your explicit consent, or unless it is permitted by applicable laws and regulations.

Use of Your Personal Information
When you do voluntarily provide us with Personal Information, we will use it to provide you information about our products, register you for an event, create an account, provide technical support or other contracted services, respond to a specific question, supply CAPFIVE with a job application, or provide access to additional information or offers. We also use the information we collect to improve the content of our website, to notify customers of updates to our website, products, and also to contact customers for marketing and sales purposes, that are related to a customer’s specific needs and interests.

Disclosure to Third Parties, Service Providers, and Others
In order to support and enhance the customer relationship with you, CAPFIVE may store, process, or share your Personal Information with our worldwide partners and affiliates (e.g. channel partners, credit card processors, data hosters and service providers) to perform a function, provide you with information that you may be interested in or complete a transaction with CAPFIVE solutions.

CAPFIVE also leverages its partners and affiliates to provide services to our customers on our behalf, provide us with remote management tools, backup services or any other additional services we may provide to you on a contracted basis. To provide these services to you we will share your Personal Information with them. Third parties with whom we share your Personal Information are all bound by all relevant and applicable data privacy laws, terms of confidentiality and CAPFIVE’s Privacy Policy.

There are times when CAPFIVE may be required to disclose your Personal Information by law, legal process, litigation, and/or requests from public and governmental authorities. CAPFIVE may also disclose your Personal Information for purposes of investigations of threats to national security, compliance with requests from law enforcement, or other issues of public importance, or when we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users.

Purpose Limitation
CAPFIVE will collect, use or disclose Personal Information supplied by you, for the purposes disclosed to you, unless the disclosure is a use of the Personal Information for an additional purpose related to the original purpose, is necessary to prepare, negotiate and perform a contract with you, is required by law or competent governmental authority, is necessary to establish or preserve a legal claim or defense against a legal claim, or is necessary to prevent fraud or other illegal activities.

Cookies and Other Technologies
CAPFIVE’s websites, advertisements, emails, and online services may use certain automatic data collection technologies such as cookies, web beacons, and pixel tags to collect data, including personal information, about you while you use our website, our products, and when you interact with us. Collection of user data helps us to understand our users’ behavior, web searches, and where on our websites users have visited. Our websites use cookies to distinguish you from other users of our website, helps us to provide you with a good experience when you browse our website, and allows us to improve our website. A cookie is a piece of information that is stored on your computer’s hard drive by your web browser. When you visit www.CAPFIVE.com (or any of the CAPFIVE websites), our server recognizes the cookie, giving us information about your last visit to the website. Many browsers accept cookies automatically, but you can adjust the settings in your browser to disable automatic acceptance of cookies. If you choose not to use cookies, you may experience limited functionality of our website. This Data Privacy Policy only covers CAPFIVE’s use of cookies and does not cover the use of any propensity management by advertisers. CAPFIVE complies with global regulations including the EU Cookie Directive. Visitors to our websites are advised of our use of cookies upon landing on our website.

A “web beacon” (also known as a clear gif and pixel tag) may help us to better manage the content of our website by informing us of what content is effective. A web beacon is incorporated into a web page or an email to keep track on a user’s activity on the page or the email. Just like a cookie, a beacon tracks a user’s visit and sends the data to the server, however, unlike cookies, a web beacon cannot and is not used for identification purposes, nor can it store any data on your computer as it is not browser-based.

Information collected by cookies and similar technologies are treated as non-personal information except to the extent under local law that IP addresses (or like identifiers) are otherwise considered Personal Information.

Accuracy and Retention of Personal Information
CAPFIVE strives to make it easy for you to keep your Personal Information up to date and to help us maintain its accuracy. Your Personal Information will be stored only for the time period necessary to fulfill the purposes outlined in this Privacy Policy unless otherwise required or permitted by law.

In the event you choose not to provide certain personal information, we may not be able to respond completely or adequately to your questions, provide updates, and/or information about our products and services. You can always “opt out” of receiving certain communications at any time by updating your subscription preferences page, click the “unsubscribe” link in any email, or visit the CAPFIVE unsubscribe page. We will however continue to use your Personal Information for the limited purpose of sending you important notices relating to information about your purchases and changes to our policies and agreements, or for other reasons permitted by applicable law.

Data Security
CAPFIVE takes the security of Personal Information seriously. To protect your Personal Information that you have provided us against accidental or unlawful destruction, loss or alteration, CAPFIVE uses technical and organizational security measures to prevent any unauthorized disclosure or access.

Data Security Breach
CAPFIVE has implemented strict security controls, intrusion detection software and processes to alert us in the case of a potential or actual intrusion of our information systems. CAPFIVE has a Data Breach Notification Policy and an established Incident Response Team that will react immediately and execute a Remediation Plan in response to any unauthorized access to our information systems or databases. If any data security breach occurs and it may impact your Personal Information, you will be notified as soon as possible once the breach has been determined.

Collection and Use of Non-Personal Information
When you access www.CAPFIVE.com (or other CAPFIVE websites), we may automatically collect non-Personal Information even if you don’t register. For example, this information may include the operating system used, the domain name of the website that directed you to our website, the number of visits, average time spent on a page and what pages you viewed. We may use this data and share it with our worldwide affiliates to monitor the content and relevancy of the content on our websites to improve the performance, content or your experience on our websites.

Through your use of services to access our website, your communications data (for example, Internet Protocol Address, or IP Address) or utilization data (information on the telecommunications services you accessed) may be technically generated and could, depending on the applicable law, constitute Personal Information. To the extent it is a necessity, the collection and processing of your communications or utilization data, and the subsequent use of such data will only occur and be performed in accordance with the applicable data privacy protection framework and laws.

Forums, Blogs, Third Party Websites and Links
CAPFIVE is only responsible for privacy practices of CAPFIVE and its websites. CAPFIVE’s website may contain links to other websites for additional information and convenience. CAPFIVE does not control those other websites, endorse or make any representation about other websites, and is not responsible for the privacy practices of those other websites. Some of CAPFIVE’s websites may contain interactive elements such as discussion forums and blogs that allow users to publish their own content. Any information posted on these blogs and forums becomes public, which means it could be read, collected or used by other users in any manner. CAPFIVE is not responsible for any Personal Information you choose to submit in forums.

Career Page and Apply for a Job with CAPFIVE
If you browse or apply for a job in the careers portion of our website, your application and any additional information that you provide may be used to assess your skills and interests against career opportunities at CAPFIVE. CAPFIVE may retain this information for reporting purposes that may be required by applicable law.

Right to be Forgotten For EU Individuals Under the General Data Privacy Regulations (GDPR)
CAPFIVE is committed to taking reasonable steps to ensure that any Personal Information requests to be forgotten can be erased with our existing technology will be done so in a reasonable time of the request. However, this doesn’t apply to information that you have made public by posting on our forums, blogs, or have made available to third parties yourself, this is beyond the reach of what CAPFIVE can erase. CAPFIVE will do everything possible to erase your Personal Information if you withdraw your consent (opt out) from receiving information for us and request the right to be forgotten. However, CAPFIVE will not be able to erase all of your Personal Information if it is technically impossible due to limitations to existing technology, or for legal reasons (if CAPFIVE is mandated by local law to keep the Personal Information).

EU individuals have the right to file a complaint with the appropriate Data Protection Authority (DPA) regarding any aspect of GDPR that is relevant to them. EU individuals wishing to exercise this right may locate their DPA by referring to http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm

Children’s Privacy
CAPFIVE will not knowingly collect Personal Information from any person that is not a legal adult, as defined by local law, without insisting that they seek prior parental consent, if such consent is required by applicable law. CAPFIVE does not target children in connection with its products, services, and websites. In the event CAPFIVE uses or discloses Personal Information of a person that is not a legal adult, CAPFIVE will seek parental consent pursuant to local laws and regulations in order to protect the person that is not a legal adult.

Privacy Shield Framework Compliance For EU Personal Data that is Transferred into the US
CAPFIVETechnology Solutions, LLC complies with the EU-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries transferred to the United States pursuant to Privacy Shield. CAPFIVE has certified that it adheres to the Privacy Shield Principles with respect to such data. If there is any conflict between the policies in this privacy policy and data subject rights under the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/

CAPFIVE acknowledges the right of EU individuals to access their personal data pursuant to the Privacy Shield. To exercise this right EU individuals may send a request to privacy@capfive.com.

Pursuant to the Privacy Shield CAPFIVE is obliged to inform EU individuals that we may be required to release personal information in response to lawful requests from public authorities including to meet national security and law enforcement requirements.

CAPFIVE may remain liable under the Privacy Shield for the transfer of EU data to third parties unless we can prove that we were not a party to the events giving rise to the damages.

We do not currently share any personal data with non-agent third parties. If that practice should change we will update this policy and provide individuals with choice prior to releasing their data.

In compliance with the Privacy Shield Principles, CAPFIVE commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to Privacy Shield. European Union individuals with Privacy Shield inquiries or complaints should first contact CAPFIVE at: privacy@capfive.com

CAPFIVE has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by BBB National Programs. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://bbbprograms.org/privacy-shield-complaints/ for more information and to file a complaint. This service is provided free of charge to you.

If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction

Jurisdiction
The Federal Trade Commission has jurisdiction with enforcement authority over CAPFIVE’s compliance with the Privacy Shield.

US Personal Data Complaint Resolution
US Citizens should email all complaints or questions regarding this policy to privacy@capfive.com

Questions
CAPFIVE is committed to responding to reasonable requests to review any of your Personal Information we may have and to amend, correct, or delete any inaccuracies. To have your information amended, corrected, or deleted, or if you have any questions that weren’t answered in this Data Privacy Policy, you can contact us at CAP5 Technology Solutions, LLC, 20300 Franz Road, Suite #2-22, Katy, TX or email us at privacy@capfive.com.

Changes to this Privacy Policy
As a technology company, our systems will mature and change as will this Data Privacy Policy. Changes to this Data Privacy Policy with the most recent revision date will be posted at www.CAPFIVE.com. We will take the steps to notify you of the material changes to this Data Privacy Policy by posting the changes here or contacting you by e-mail.