Last Updated: 3 August 2023
Thank you for choosing Captive Audience software ("us", "we", or "our"). This Privacy Policy is designed to help you understand how we collect, use, disclose, and safeguard your information to provide you with a better experience when using our software.
Captive Audience takes your privacy very seriously and is committed to protecting it, as well as securing the data entrusted to us by Partners, Advertisers, and you. We understand that you will only use our service if you can trust us to protect your Personal Information and use it appropriately. For more information on the steps we take to secure your data, see ‘Information Security Safeguards’ below.
“Personal Information” or “Personal Data” is information about you which (i) can be used to identify, contact or locate you; (ii) can be combined with other information that is linked to you; or (iii) is defined as “Personal Data” or “Personal Information” by applicable laws or regulations relating to the collection, use, storage or disclosure of information about you. Personal Information includes contact information (e.g. email address, telephone number), online information (e.g. IP addresses, device identifiers), and other data which can be used individually or in combination with other data to identify an individual (such as gender, marital status, age, or postcode).
We collect and process diverse categories of Personal Information, on the basis of the legitimate interests of Captive Audience and its Partners and Advertisers:
Personal Information you provide when you engage with us or sign up for Offers across Captive Audience Sites (such as your name and email address); Personal Information you provide to us through our various customer contact channels (such as your name, email address, phone number, and/or any other personal details you choose to provide when you contact us); Personal Information about you provided to us by Advertisers and Partners (as part of our services to them), such as your identifying details (such as email address, gender, age/DOB, postcode, title, phone number), transaction details or conversion data (such as what you purchased, when and via what method); Usage data about your interactions with the Captive Audience Sites and/or Offers or any communications sent on behalf of Captive Audience, Advertisers or Partners, including: information relating to your Offer interaction, such as Offer click-through rates and viewing data; device information and website analytics information retrieved from your device/web browser, such as your device profile, IP address, browser type/version, language preferences, access times, referring website address, or your general geographic area based on your IP address; Information we automatically obtain using cookies, eTags/cache browsers, pixels, web beacons/GIFs, local storage, or other identifiers or other tracking technologies on Captive Audience Sites and in e-mails we send you, that tell us the pages you view, the links you click, whether an email has been opened, transaction information and other actions relating to our services and technology; If you engage with Captive Audience on behalf of your business or employer in furtherance of commercial dealings with us, we will collect Personal Information in the course of managing the relationship, such as your business contact information and our contact history, as well as your login credentials to access your Captive Audience account. Personal Information about you that we may obtain from third-party sources and platforms (including data validation services, authentication service providers (including for calendaring services), data enrichment providers, social networking sites, online marketing and segmentation providers and ad-targeting companies) to supplement the information we collect from Partners and Advertisers and directly from you. For example, when you sign up for an Offer using your email address, we verify with a validation service that the email address is real, in order to ensure valid registration information and prevent fraudulent signups. In other cases, we may use age verification providers to ensure that Offers are appropriate for a particular individual above or below the age of majority, or the age of digital consent. In some circumstances where we process your Personal Information on the basis of our legitimate interests and those of our Partners and Advertisers, separate consent may be required by law for us to operate our technology (for example, in the case of cookies or other tracking technology that we use to access end user devices or technology that identifies your general location or geographic position). Your consent may be obtained by us or on our behalf by our Partners and Advertisers.
The legitimate business interests referred to above, which have been balanced against the rights and freedoms of data subjects and their reasonable expectations, include:
(i) the provision and use of website preference management software and analytics services ensuring customers have the best possible website experience by ensuring that content is relevant, engaging and personalized for each user viewing content on Captive Audience Sites (e.g. “if you just bought this product, you might like…”), or accords with the Partner’s specified user journey or journey parameters; (ii) the provision and use of website brand management tools to promote brand safety for website users and owners; (iii) ensuring website safety by ensuring Offers presented to users are age-appropriate and shown only to their intended audience (e.g. not to children); (iv) the provision and use of website analytics and conversion tracking tools to assess the transaction attributes to optimize future marketing campaigns and future marketing strategy; (v) the provision of customer and email management software services allowing customers to effectively subscribe or unsubscribe to Offers that may be of interest or value to them; (vi) allowing website owners to recoup the actual cost of providing website services to users; (vii) validating users to verify the accuracy of customer data and to reduce fraudulent signups; (viii) creating and retaining evidential records to validate the provision of consent to direct marketing; (ix) using limited data sets for suppression purposes to prevent further unwanted processing for users who have either (a) objected to direct marketing or (b) have exercised their right to erasure (in respect of Personal Information provided by them), if applicable; and (x) managing our customer relationships with Partners and Advertisers, and overseeing our vendors, service providers, and data processors to ensure compliance with contractual and legal obligations. Note that, depending on local data protection laws where you are located, you may have a right to object to processing on the above basis – see below under ‘Your rights in relation to your Personal Information’.
Captive Audience’s technology allows us to display Offers from Partners and Advertisers on Captive Audience Sites, and allows you to sign up to receive communications with respect to such Offers. The following subsections detail how your Personal Information is used by Captive Audience (i.e., for what purpose), as well as the basis on which we disclose information to our Partners and Advertisers and other third-party processors.
We use your Personal Information for purposes including:
providing, maintaining, protecting, and improving our technology, products and services, monitoring the effectiveness of our services; selecting, displaying and providing to you Offers that are targeted and customized and personalized to your interests, attributes, preferences and experiences; predicting what Offers are relevant and engaging to people like you, based on your known characteristics; disclosing the information to Captive Audience’s Partners and, if applicable, Advertisers – as set out in the sub-section (ii) below; making our services easier to use by eliminating the need for you to repeatedly enter your information; Offer targeting and suppression purposes, including display retargeting; sending you confirmation messages, further details messages and follow-up reminders for Offers that you have signed up to, via the applicable or appropriate medium including email, SMS, or communicating with you at the telephone number provided or confirmed (which may include using an automatic telephone dialing system or pre-recorded message), on our own behalf and on behalf of Partners and Advertisers; where you have signed up on captiveaudience.com or the Captive Audience Owned Sites, or verbally confirmed with our staff, sending you marketing and promotional materials you have elected to receive; maintaining appropriate legal or business records; enabling us to conduct customer research and develop new services; validating the information you provide to us; verifying your identity in relation to privacy requests you make; to protect our rights, property or safety, our users and employees, or any third-party (incl. Advertisers or Partners); complying with applicable laws and regulations; and if you engage with us in a business-to-business capacity on behalf of your business or employer, in addition to the above, we also use your Personal Information to administer and manage our relationship with you and your employer (such as record keeping, payments, communicating with you, tracking outcomes, and verifying your eligibility and suitability). We may state a more specific additional purpose when we collect your Personal Information.
We disclose your Personal Information (including information you give us and Offer-related information to the Partner) to Partners when you engage with Offers while on the Partner’s site, including by swiping or clicking on Offers; We disclose your Personal Information (including email address and segmentation data (e.g. gender, age/DOB, postcode, title, phone number and third-party provided data), even where this information is not directly displayed on screen), to named Advertisers if you indicate that you wish to accept their Offers (including by swiping or clicking). For example: Where you sign up to an Offer that involves: We may share the following Personal Information: Receiving information from an Advertiser via email or otherwise joining their CRM Your email and name, gender, state, country, zip code or other location details, age or date of birth, and your device, browser information and transaction information where relevant to the Offer you have accepted (like date or location of an event) Receiving a call from an Advertiser Your phone number, email and name, gender, state, zip code or other location details, age or date of birth, and your device, browser information and transaction information where relevant to the Offer you have accepted (like date or location of an event) Visiting an Advertiser’s site Your email and name, gender, state, country, zip code or other location details, or age but only to pre-populate an online form for your convenience Signing up to a calendaring invitation or downloading an app Pseudonymized details about you like hashed email for tracking, attribution and custom audience purposes Other Offer types Information consistent with the nature of the Offer being provided, similar in nature to the details set out above Electronic Communications – Where a Partner or Advertiser has made an Offer, and you indicate that you wish to accept it (including by swiping and clicking), we disclose your Personal Information to the Partner or Advertiser (as applicable) so that any Offers they have offered may be fulfilled by them, and so they may provide you with further information associated with such Offers to you via the applicable or appropriate medium (including email, SMS, or communicating with you at the telephone number provided or confirmed (which may include using an automatic telephone dialing system or pre-recorded message)). That information is provided to such party for the purpose of fulfilling the Offer, or other purpose explicitly disclosed at the time of collection, and your information will be handled by that party in accordance with its own privacy policy.
We may additionally disclose your Personal Information as follows:
to third-party agents and processors, such as our technology vendors, CRM and data management platforms, data transmission companies, email service providers, data validation service providers, authentication service providers, data enrichment providers, online marketing and segmentation providers; and ad-targeting companies, as applicable, predominantly located in the USA, for third-party processing; to Advertisers or Partners if you have entered a contest or promotion sponsored by Captive Audience via their site; to any member of the Captive Audience Group, meaning subsidiaries of parent company Captive Audience Ltd, and their respective professional advisors, directors, employees, contractors and personnel; as required by any law, subpoena, court order, or other enforceable legal process (including laws outside your country of residence); as necessary to detect, prevent, or otherwise address fraud, security or technical issues; as necessary for us to do in order to establish or exercise our legal rights or defend against legal claims; or as part of or in anticipation of a business sale, merger, consolidation, investment, change in control, transfer of substantial corporate assets, reorganization, liquidation, or similar business transaction or corporate event; and for such other purposes that are consistent with the way we have informed you that we will use your Personal Information in this Privacy Policy or at the time we collect your Personal Information; and subject to appropriate confidentiality and security measures.
You have certain rights in relation to your Personal Information:
Access and Correction: You can review, update, or correct your personal information by [describe how users can access and update their information]. Communication Preferences: You can opt out of receiving promotional communications from us. Withdraw Consent: You have the right to withdraw your consent where applicable, such as for cookies. Data Deletion and Processing Restrictions: You can request the deletion of your data or restrictions on processing in certain situations. Lodge Complaints: If you have concerns about our data handling practices, you have the right to lodge complaints with relevant authorities.
For any inquiries, concerns, or requests regarding this Privacy Policy or your Personal Information, please contact us at [contact email or address].
