Privacy Policy

Last Updated: October 10, 2017

Version 1.05

Capsule Media Inc. (“Capsule Media”) offers a suite of services that allow users to store, archive, process, transmit, deliver, and share (collectively, the “Services”) their information and data. The Services are offered online through the website www.capsulemedia.com (the “Site”) and through the CapsulePRO media management platform. CapsulePRO is available only to registered account holders. Additional and custom services are available by us sales@capsulemedia.com.

Capsule Media is committed to protecting your privacy and to ensuring the confidentiality and proper use of personally identifiable information.

This Privacy Policy describes, among other things, the types of information and data that we collect, how we use that information and data, the circumstances in which we may disclose certain information, how we safeguard information and data, and how you may gain access to such information and data to provide corrections or updates. Our Terms of Service cover the use of and access to the Site, the Services, and CapsulePRO.

PLEASE READ THIS PRIVACY POLICY AND THE TERMS OF SERVICE CAREFULLY.

By visiting the Site, registering for a CapsulePRO account, and/or using any Service, you are agreeing to the collection of this information as well as the use and disclosure of it in the manner described in this Privacy Policy.

By using, accessing or browsing the Site or the Services, or by registering for a CapsulePRO account, you are agreeing to be bound by this Privacy Policy and the Terms of Service, which together form a legally binding contract between you and Capsule Media. If you do not agree with this Privacy Policy or the Terms of Service, you should not use the Site, nor any of the Services; you also should not register for a CapsulePRO account.

1. Definitions

In this Privacy Policy, references to:

“Client” refers to a user of the Services;

“Personal Information” refers to any personally identifiable information about an individual.

“Visitor” refers to a visitor to the Site; and

“we,” “our” and “us” refer to Capsule Media; and

“you” and “your” refer to a Client or a Visitor, as applicable.

2. Changes to This Privacy Policy

 Capsule Media reserves the right to modify this Privacy Policy at any time. We will post the most current version of this Privacy Policy at the Site. If we make material changes to this Privacy Policy, we will post advance notice on the Site and on the CapsulePRO login webpage. The continued use of the Services (through CapsulePRO or otherwise) after these changes go into effect means that you have consented to the updated Privacy Policy. If you do not accept these changes, you must stop using the Services and, if applicable, cancel your CapsulePRO account by emailing accounts@capsulemedia.com

 The collection, use and disclosure of your Personal Information will be governed by the version of the Privacy Policy that is posted and in effect at the time.

3. Personal Information

We limit the collection, use, and disclosure of Personal Information to what we need in relation to the purposes identified in this Privacy Policy and as otherwise required by law. Examples of Personal Information that we collect include, but are not limited to, Client name, Client address and telephone number, billing or credit card information, and Client email address. Information on a business card, such as job title, business address, business telephone number, and business email address is not typically considered Personal Information. However, in cases where our records include both personal and business contact information and we are unable to separate them, we will treat such records as Personal Information.

Capsule Media treats the privacy and security of Personal Information very seriously. We employ administrative, physical and electronic measures to safeguard Personal Information submitted to us from unauthorized access. Still, no safeguards, no method of transmission over the Internet, and no electronic data storage is 100% secure. Therefore, we cannot guarantee the absolute security of Personal Information.

4. Categories of Information that we collect

Collecting information about you is necessary in order to provide you with high-quality services. The nature and sensitivity of the information that we collect varies according to whether you visit the Site for informational purposes only, use any Service(s), register for a CapsulePRO account, as well as the legal requirements imposed on us.

The information that we collect through the Services and the Site fall into five categories:

  • Account Information
  • Client Content
  • Aggregate Information and Website Data
  • Services Usage Data
  • Client Authentication Credentials

(a) Account Information

We receive account information (“Account Information”) from a Client’s representatives and contacts when they provide it to us when using a Service or when registering for a CapsulePRO account. From time to time Clients may contact us to update or correct Account Information.

For each Client, Account Information includes, but is not limited to:

  • Client name, address, phone number, and email address
  • representatives and contacts at the Client’s organization
  • billing information
  • payment card information for processing payments
  • credit information (if applicable)

ACCOUNT INFORMATION ALMOST ALWAYS INCLUDES PERSONAL INFORMATION.

We collect Account Information through the Site and through your communications with us. We may add to the information that we receive during registration with information that is provided to us at other occasions and using other means. For example, if you send us an email or communicate with us otherwise, we may retain the content of your communications together with our response(s).

We use Account Information to establish, maintain, and manage Client accounts and to provide the Services. We also use Account Information to communicate with you (see Section 9 Communications).

Account Information is retained for the longer of: the term of you CapsulePRO account, how long we are storing your Client Content, and as required by law.

(b) Client Content

“Client Content” is information and data that we receive, store, archive, process, transmit, deliver or share on behalf of a Client when delivering any Service(s), whether through the Site or otherwise. For example, Client Content includes the files that you upload through the Site and/or CapsulePRO for storage.

We collect Client Content when Clients use the Services for their information and data or otherwise provide their information or data to us.

The Client, not Capsule Media, has sole responsibility for the accuracy, quality, integrity, legality, appropriateness, and copyright of all Client Content. Capsule Media will not be responsible or liable for the deletion, destruction, damage, loss, or failure to store any data.

When accessing Client Content, Clients must ensure that they properly log off to prevent unauthorized access by someone else using the same device.

Clients retain full ownership of their Client Content. Through CapsulePRO, Clients can view, access and update their Client Content at any time while their accounts are in good standing. Clients can also delete Client Content at any time prior to the content being archived. When an account is closed or terminated, the Client Content associated with that account that has not been archived will typically be deleted within 30-60 days. Capsule Media reserves the right to charge additional fees to delete Client Content that has been archived.

We do not connect Personal Data with Client Content; however, it is possible that Clients may include, knowingly or not, Personal Information within their Client Content. For example, a photo or video of an individual that also includes the individual’s name or other identifiable information. We refer to this type of information as “Embedded Personal Information” (see Section 10 Disclosure of Embedded Personal Information).

(c) Aggregate Information and Website Data

When you visit the Site we automatically collect information about your visit. This information (“Aggregate Information and Website Data”) may include your IP address, browser type, operating system version, language settings, pages of the Site that you visited, date and time spent visiting the pages, information you searched for on the Site, the domain name of the website from which you came and which you visit after visiting the Site, and other statistics. This is statistical data about your browsing actions and patterns, and does not identify any individual. We use this information to help us provide you with a personalized service, and to help make the Site and the Services better for you.

One of the ways that we collect Aggregate Information and Website Data is through the use of cookies (see Section 11 Cookies, Analytics and Traffic Data).

(d) Services Usage Data

When a Client uses any Service, the details of the usage are logged automatically. This information (“Services Usage Data”) includes the Service(s) used, duration of use, file size, clip time duration, file transfer details, and any other information that is relevant for billing and administrative purposes.

Services Usage Data is used to monitor and enhance the Site and the Services, and to track Service(s) usage for billing purposes.

One of the ways that we collect Services Usage Data is through the use of cookies (see Section 11 Cookies, Analytics and Traffic Data).

Services Usage Data is linked to each Client. Services Usage Data is retained for the longer of: the term of you CapsulePRO account, how long we are storing your Client Content, and as required by law.

(e) Client Authentication Credentials

Certain broadcasters and other publishers require user authentication in order to transmit or deliver broadcast files to them. When a Client uses the Services to transmit or deliver Client Content and user authentication is required, it will be necessary for the Client to either enter their authentication credentials through the Site or CapsulePRO, or otherwise provide them to a Capsule Media team member or representative. When you use the Services to transmit or deliver Client Content to a third-party that requires authentication, we imply your consent to use your authentication credentials for this purpose and to disclose applicable Information to the third-party in any subsequent communications (if necessary) – such information may include, but is not limited to, Client name and names of Client representative who requested the transmission or delivery. Although authentication credentials do not generally contain Personal Information, Capsule Media applies the same safeguards to such information as we do with Personal Information. We do not retain authentication credentials, unless a Client has provided their express consent that we do so.

5. How we use Personal Information?

We use Personal Information for the following purposes:

  • to establish and maintain responsible commercial relations with you and to providing ongoing service;
  • to try to understand the needs and preferences of Clients and Visitors;
  • to enhance the Visitor/Client experience;
  • to recommend products and services to meet your needs;
  • to develop, enhance, market or provide products and services;
  • to manage and develop business operations; and
  • to meet our legal and regulatory requirements.

6. When is Personal Information disclosed to third-parties?

We do not sell or rent clients lists or Account Information to anyone.

In addition to the circumstances described elsewhere in this Privacy Policy, we may also disclose your Personal Information for the following purposes:

  • to third-party vendors and subcontractors to provide specialized services such as customer support, mail or courier delivery of external storage devices or storage media, processing of credit card transactions, outstanding account collection, marketing, webcasting, website maintenance, live chat, and IT suppliers and partners. These third-party vendors may have access to Personal Information; however, the information provided is limited to what is required by them to perform the specified tasks, and they are obligated not to disclose or use it for any other purpose. Some of these third-party vendors may be situated outside Canada and your Personal Information may be subject to the legal jurisdiction of foreign countries;
  • in connection with your use of the Services, you may transmit, send, or share a file with, recipients identified by valid email addresses that you provide. In fulfilling these Services, we forward or send emails and other notifications to those recipients. These emails and notifications include your name and the email address that you are using for the Service, as well as a message from you (optional);
  • when you request that we deliver Client Content on a data storage device or data storage media to a third-party, we disclose your name and contact details to the receiving party, the delivery organization, and on any customs documentation (if applicable);
  • if we believe that your actions violate applicable laws, our Terms of Service, usage guidelines for specific products or services, or threaten the rights, property, or safety of Capsule Media, our Clients, or others;
  • to law enforcement or other organization if reasonably necessary to investigate the contravention of a law; and
  • as otherwise allowed or required by law.

This Privacy Policy does not apply to the practices of third parties that you transmit, deliver, or share Client Content to or with, and Capsule Media assumes no responsibility or liability for the treatment of Personal Information (including Embedded Personal Information) that is so transmitted, delivered, or shared.

7. Express consent to the collection, use, or disclosure of Personal Information

Should we wish to collect, use, or disclose Personal Information for purposes other than described in this Privacy Policy, we will seek your express consent to do so. Express consent is when you explicitly consent verbally, confirm by email, by signing a document, or ticking a box or performing a similar act demonstrating your consent. For example, we would get your express consent before using Personal Information to perform a credit check. Sometimes it may be impossible or inappropriate to obtain your consent, and in those cases, we may collect, use or disclose Personal Information without your consent; these circumstances include, but are not limited to the following:

  • to comply with a warrant or other court order;
  • to collect a debt;
  • to investigate the breach of an agreement or applicable law; or
  • as otherwise legally required or allowed.

8. Withdrawing Consent

You can withdraw your consent, or opt-out, of the collection, use or disclosure of Personal Information in certain situations. For example, you can opt-out of receiving marketing and promotional communications (see Section 9 Communications). However, where Personal Information is reasonably necessary to maintain your CapsulePRO account, provide the Services, bill and collect payment from you, or the operation of our systems, you cannot continue to maintain an account or use the Services if you opt-out of the collection, use and disclosure of Personal Information. To stop the collection, use and disclosure of Personal Information in these circumstances, you must terminate your CapsulePRO account and/or stop using the Services.

9. Communications

When you register for a CapsulePRO account, we will communicate with you to set up your account. These communications are typically done through email; however, we may also contact you by telephone.

We will also communicate with you in response to your inquiries, in the fulfillment of certain Services, to manage your CapsulePRO account, and for service-related announcements when it is necessary to do so. Generally, you may not opt-out of these communications.

We may also communicate with you to provide tips and advice on using the Services, new features and Services, and other information. You may opt-out/unsubscribe at any time by clicking the link included in each communication or by sending us an email at unsubscribe@capsulemedia.com.

10. Disclosure of Embedded Personal Information

When you use the Services to store, process, transmit, deliver, or share Client Content that includes Embedded Personal Information, you are solely responsible for obtaining all necessary consents and authorizations from the applicable individual(s) and, by so using the Service(s), you acknowledge to and in favour of Capsule Media, its affiliates, resellers, officers, directors, employees, agents, suppliers, subcontractors, and licensors that all such consents and authorizations have been obtained and are in full force.

When Client Content includes Embedded Personal Information, Capsule Media assumes no responsibility or liability for the collection, storage, use, or disclosure of Embedded Personal Information that results, directly or indirectly, therefrom. You agree to defend, indemnify, and hold harmless Capsule Media, its affiliates, resellers, officers, directors, employees, agents, suppliers, subcontractors, and licensors against any and all claims, damages, costs, liabilities, and expenses (including, without limitation, legal costs) arising out of or related to any unauthorized collection, storage, use, or disclosure Embedded Personal Information.

In the course of providing certain Services, it may be necessary for Capsule Media employees to access Client Content. Capsule Media may use subcontractors or other service providers to perform certain Services (for example, closed captioning, subtitling, descriptive video, and certain types of transcoding). Clients are deemed to have expressly consented to the disclosure of Embedded Personal Information to Capsule Media employees and third-party subcontractors and service providers under the circumstances described in this paragraph.

11. Cookies, Analytics and Traffic Data

Cookies are small text files that are transferred from the Site and stored on your device. We use cookies to help us provide you with a personalized service, and to help make the Site and the Services better for you.

Most browsers are initially set up to accept cookies. If you prefer, you can set you browser(s) to refuse cookies or to alert you when cookies are being sent. However, it is possible that some parts of the Site and/or the Services will not function properly if you do so.

Cookies may be classified according to their duration and their purpose.

Duration of Our Cookies

We us both temporary (also known as session cookies) and persistent cookies. Temporary/session cookies identify and track visitors to the Site and users of the Services, and are deleted when you close your browser or leave your session in the Service. Persistent cookies enable the Site or Services to ‘remember’ who you are and to remember your preferences within the Site or Services and which will stay on your device after you close your browser or leave your session in the Site or Service.

Purpose of Our Cookies

We use cookies to perform three different purposes:

  1. Strictly necessary cookies – These are cookies which are needed for the Site or the Services to function properly. For example, these cookies allow you to access secure areas of the Site or to remember what Service(s) you have selected. These cookies are set by the Site and can only be read by the Site. While these cookies do not, by themselves, contain Personal Information, we may combine the general information collected through these cookies with other Personal Information to identify you.
  2. Functionality cookies – These cookies allow the Site and the Services to remember choices you make (such as your language) and provide enhanced, more personal features. These cookies can also be used to remember changes you have made to text size, fonts and other parts of web pages that you can customize. They may also be used to provide services you have asked for. The information these cookies collect may be anonymized and they cannot track your browsing activity on other websites. These cookies are set by the Site and can only be read by the Site.
  3. Performance cookies and analytics technologies – These cookies collect information about how you use the Site and the Services, for instance which functionality is used most often, and the areas of the Site or Service(s) that generate error messages. These cookies do not collect Personal Information. All information these cookies collect is aggregated and therefore anonymous. We only use these cookies to improve the operation of the Site and the Services. These cookies are operated through Google Analytics Solutions.

Google Analytics Solutions is a web analytics tool operated by Google that helps website owners understand how visitors engage with their website. Google Analytics collects information anonymously; it reports website trends without identifying individual visitors.

Google Analytics Clients can view a variety of reports about how visitors interact with their website so that they can improve it. To learn more about Google’s use of cookies, visit this Google Page. To download a browser plug-in to permanently opt-out of Google’s advertising cookie, visit this Google Page.

YOU CAN OPT OUT OF GOOGLE ANALYTICS WITHOUT AFFECTING HOW YOU VISIT THE SITE – for more information on opting out of being tracked by Google Analytics across all websites you use, visit this Google Page.

12. Children’s Online Privacy Protection

We do not collect any information from anyone under 13 years of age. The Site and the Services are directed to people who are at least 18 years old or older. We will not knowingly create a CapsulePRO account for someone who is under 18 years of age.

13. Disclosure of Information to Potential Investors/Sale of Business or Reorganization

Capsule Media may disclose Aggregate Information and Website Data as well as Services Usage Data (with associated Personal Information removed) to investors and potential partners. We may sell, transfer, or otherwise share some or all of Capsule Media’s assets in connection with a merger, acquisition, reorganization, or sale of assets of part or all of our business. As part of that transaction, we may disclose your Personal Information to the acquiring organization, but we will require the acquiring organization to agree to protect the privacy of such information in a manner that is consistent with this Pr

14. Request for Access to Information and Amendments

If you would like to access, correct, or update the Personal Information that we may have to support your account (other than Embedded Personal Information) or if you would like to discuss this Privacy Policy or provide us with feedback or concerns about our privacy practices, please contact us at:

Capsule Media Inc.
510 Front Street West, Main Floor
Toronto, Ontario, Canada M5V 1B8
legal@capsulemedia.com