We are Presence Labs Inc., a company having its registered office at 410 E Santa Clara Street Unit #917 San Jose, CA 95113 (the “Company” or “we”) and we have developed Instacap, application available on our website https://instacap.app (“Instacap”).
Your privacy is important to us. It is our approach to respect your privacy regarding any information and personal data we may collect from you across Instacap, and other sites we own and operate.
This Policy explains how we collect, use, process, disclose and secure information and personal data we obtain from and about users of Instacap including information we collect when you visit our websites, use Instacap or our services. It also tells you about your rights and choices with respect to your information, and how you can contact us if you have any questions or concerns.
Information about collection and use
Who is the data controller of your personal data?
The data controller is generally a person who, alone or together with others, determines the purposes and decides how personal data will be processed. We are the data controller of personal data. In other words we determine the purposes and means of the processing of that personal data. For content and data that you upload to or make available through Instacap (the “User Content”), you are responsible for ensuring this User Content is in accordance with our Terms and Conditions (the “Terms”), and that the User Content is not violating other users’ privacy.
You can contact us by email on address email@example.com.
We use “cookies” to collect information about you and your activity across our site. A cookie is a small piece of data that our website stores on your computer, and accesses each time you visit, so we can understand how you use our site. This helps us serve you content based on preferences you have specified. You can adjust the scope of applied cookies by the settings of your internet browser.
How do we collect personal data?
We obtain your personal data directly from you. Mostly from filled in forms, mutual communication or agreements. Also, we can obtain personal data from third parties we cooperate with, which are entitled to access and process yours personal data, and from publicly accessible sources or social or other online platforms.
How do we process your personal data?
When you visit our website or use Instacap, our servers may automatically log the standard data provided by your web browser. It may include your computer's Internet Protocol (IP) address, your browser type and version, the pages you visit, the time and date of your visit, the time spent on each page, and other details. We may, for example, use an IP address received from your browser or device to determine an approximate area and we use it for determining the closest server and optimize latency and service.
We may also collect data about the device you're using to access Instacap. This data may include the device type, operating system, unique device identifiers, device settings, and geo-location data. What we collect can depend on the individual settings of your device and software. We recommend checking the policies of your device manufacturer or software provider to learn what information they make available to us. We may also collect area information from devices in accordance with the consent process provided by your device.
User account information
Users who register in Instacap, will have to provide us with a valid email address. The user can also choose to enter a display name and/or add a profile picture that will be used to represent them in conversations. If you as a user choose to sign up with an external authentication service, e.g. Google Sign-In, we will fetch and store email address, name and profile image URL from this service.
Users who choose to subscribe to a paid version of Instacap provide us (and our payment processors and providers) with billing details such as credit card information, billing email, banking information, location at the time of transaction and/or a billing address.
The billing information may be processed for the purpose of supplying a paid Instacap version and the purchased services and keeping proper records of those transactions. This data may be used for the purpose of delivering our services to you. Processing this information is required for fulfilling the contract we entered into with you, at your request (our Terms). Additionally, this information needs to be retained in order to comply with accounting and tax regulation.
Records of communication and other data
We may also collect data regarding the communication and information of the meeting session obtained through Instacap. We collect and process metadata such as the timestamp when the meeting session started and ended, team ID, channel ID, user ID etc., information received from you and other third-parties that helps us approximate your area. Also, we collect data regarding the meeting recordings where Presence recording functionalities are used by the users. Such meeting recordings data are collected only in cases when user authorises and selects recording option while using Presence.
We collect these data on the basis of fulfillment of the contract we entered into with you on using Instacap and our legitimate interests whereas using this data for the purpose of ensuring the proper administration of Instacap, provision users with Instacap functionalities, analyzing the use of Instacap, monitoring and improving Presence, improving the user experience, preventing abuse, and assisting users with support inquiries.
In order to carry out certain business functions, such as alert notifications, trade fulfillment, transaction importing, or e-mail delivery, we may hire other companies to perform services on our behalf. We may disclose Personal Information that we collect about you to these companies to enable them to perform these services. However, these companies are obligated not to disclose or use the information for any other purpose.
How do we secure processed personal data?
In an effort to maximize the security of your personal data, we are taking the appropriate technical, physical, legal and organizational measures in accordance with applicable laws on privacy and data security.
However, neither method of transmission over the internet nor method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security. We encourage you to use precautions such as two-factor authentication for any Instacap account or service that stores sensitive information.
If you have any reason to believe that your communications with us are no longer secure (for example, if you feel that the security of any personal data you have entrusted to us has been compromised), please notify us immediately via the contact details listed above.
What are the purposes and legal basis for processing of personal data?
We will process your personal data lawfully, fairly and in a transparent manner. We collect and process information about you only where we have legal basis for doing so.
This legal basis depends on services you use and how you use them, meaning we collect and use your information only where:
- it's necessary for the performance of an agreement to which you are a party or to take steps at your request before entering into such an agreement (for example, when we provide you with a service you request from us);
- it satisfies a legitimate interest (which is not overridden by your data protection interests), such as for research and development, to market and promote our services, and to protect our legal rights and interests;
- you give us consent to do so for a specific purpose (for example, you might consent to us sending you our newsletter); or
- we need to process your data to comply with a legal obligation.
Where you consent to our use of information about you for a specific purpose, you have the right to change your mind at any time (but this will not affect any processing that has already taken place).
We don't keep personal data for longer than is necessary. While we retain this information, we will protect it within commercially acceptable means to prevent loss and theft, as well as unauthorized access, disclosure, copying, use or modification. That said, we advise that no method of electronic transmission or storage is 100% secure and cannot guarantee absolute data security. If necessary, we may retain your personal data for our compliance with a legal obligation or in order to protect your vital interests or the vital interests of another natural person.
How long do we process personal data?
Personal data will be processed and stored for the duration of the agreement between us, then for the next 3 years after our contractual relationship is terminated, unless otherwise provided.
Personal data processed for the purpose of defence of our legal claims in judicial or similar proceedings will be processed for the time period of 15 years after our contractual relationship is terminated which represents the longest limitation period set out by law.
Personal data processed on the grounds of our legal obligations arising from accounting, tax and other statutory regulations, are being stored for the time period set out in these regulations.
Providing your personal data to our data processors
We may disclose personal data to third party service providers (data processors) for the purpose of enabling them to provide their services, including (without limitation):
- IT service providers, data storage, hosting and server providers;
- CRM providers, ad networks, analytics, error loggers, debt collectors, maintenance or problem-solving providers;
- marketing or advertising providers, professional advisors and payment systems operators; and
- our employees, contractors and/or related entities.We will provide you with the full list of processors upon your request at any time.
Business and international transfers
If we or our assets are acquired, or in the unlikely event that we go out of business or enter bankruptcy, we would include data among the assets transferred to any parties who acquire us. You acknowledge that such transfers may occur, and that any parties who acquire us may continue to use your personal data according to this Policy.
The personal data we collect is stored and processed in the United States, or where we or our partners, affiliates and third-party providers maintain facilities. By providing us with your personal data, you consent to the disclosure to these overseas third parties.
We will ensure that any transfer of personal information from countries in the European Economic Area (EEA) to countries outside the EEA will be protected by appropriate safeguards, for example by using standard data protection clauses approved by the European Commission, or the use of binding corporate rules or other legally accepted means.
What are your rights?
We make sure the processing of all personal data is done properly and safely. You can exercise the rights guaranteed to you in this section or by the GDPR by contact us via email on address firstname.lastname@example.org.
Right to be informed about processing of your personal data and the right to access the data
You are entitled to require information about whether the personal data are subject to processing or not. If the personal data is processed, you have the right to require information about:
- data controller, his representatives or personal data protection commissioners;
- the purpose of processing personal data;
- categories of processed personal data;
- recipients or categories of recipients of processed personal data;
- data processors;
- enumeration of your rights
- option to enquire respective data protection authority about the sources of processing personal data; and
- automated decision-making and profiling.
You have the right to be provided with a copy of processed personal data. The right to obtain this copy cannot interfere with the rights and freedoms of other persons.
If the data controller intends to use the personal data for a different purpose it was originally collected for, the data controller provides you with additional information and information about the intended purpose before any additional data processing.
The above mentioned information which you have the right to be provided with, is part of this Policy. That does not prevent you from requesting this information again.
Your consent and Information from third parties
By providing personal data to us, you agree that we collect, hold, use and disclose your personal data in accordance with this Policy. If you are under 16 years of age, you must have, and warrant to the extent permitted by law to us, that you have your parent or legal guardian's permission to access and use the website and they (your parents or guardian) have consented to you providing us with your personal data. You do not have to provide personal data to us, however, if you do not, it may affect your use of our website or Instacap and/or our services offered on or through it.
If we receive personal data about you from a third party, we will protect it as set out in this Policy. If you are a third party providing personal data about somebody else, you represent and warrant that you have such person's consent to provide the personal data to us.
The right to object to and restriction of our processing of your personal data
You may choose to restrict the collection or use of your personal data. If you have previously agreed to us using your personal data for direct marketing purposes (or not voted opt-out), you may change your mind at any time by contacting us using the details below. If you ask us to restrict or limit how we process your personal data, we will let you know how the restriction affects your use of Instacap, our website or our services.
The right to data portability
You may request details of the personal data that we hold about you. You may request a copy of the personal data we hold about you. You may request that we erase the personal data we hold about you at any time. You may also request that we transfer this personal data to another third party.
The right to be forgotten and right for erasure of your personal data
You have the right to obtain from us the erasure of personal data where one of the following grounds applies, for example personal data are no longer necessary in relation to the purposes for which they were collected.
To unsubscribe from our email database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.
Representation for data subjects in the EU
We value your privacy and your rights as a data subject and have therefore appointed Prighter as our privacy representative and your point of contact.
Prighter gives you an easy way to exercise your privacy-related rights (e.g. requests to access or erase personal data). If you want to contact us via our representative Prighter or make use of your data subject rights, please visit: https://prighter.com/q/15738519293
The right to rectification of your personal data
If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading or out of date.
If you believe that we have breached a relevant data protection law and wish to make a complaint, please contact us using the details above and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint. You also have the right to contact a regulatory body or data protection authority in relation to your complaint.
What are your responsibilities?
Any User Content is the sole responsibility of the person from whom such content originated, and you access all such User Content at your own risk, and we are not liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it.
We cannot control and have no duty to take any action regarding how you may interpret and use the User Content or what actions you may take as a result of having been exposed to the User Content, and you hereby release us from all liability for you having acquired or not acquired User Content through Instacap. We can’t guarantee the identity of any users with whom you interact in using Instacap and are not responsible for which users gain access to Instacap.
Your interactions with organizations and/or individuals found on or through Instacap, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
Changes to this policy
At our discretion, we may change our Policy to reflect current acceptable practices. We will take reasonable steps to let users know about changes via our website. Your continued use of this site after any changes to this Policy will be regarded as acceptance of our practices Instacap privacy and personal data.
If we make a significant change to this Policy, for example changing a lawful basis on which we process your personal data, we will ask you to re-consent to the amended Policy.
If you have any questions about this Policy, please contact us through email@example.com
You can also reach us at our mailing address:
Presence Labs Inc. 410 E Santa Clara Street Unit #917 San Jose, CA 95113USA