Privacy policy

Last updated: November 20, 2024

This Privacy Policy describes how byCapsule (the "Site", "we", "us", or "our") collects, uses, and discloses your personal information when you visit, use our services, or make a purchase from bycapsule.myshopify.com (the "Site") or otherwise communicate with us regarding the Site (collectively, the "Services"). For purposes of this Privacy Policy, "you" and "your" means you as the user of the Services, whether you are a customer, website visitor, or another individual whose information we have collected pursuant to this Privacy Policy.

Please read this Privacy Policy carefully. By using and accessing any of the Services, you agree to the collection, use, and disclosure of your information as described in this Privacy Policy. If you do not agree to this Privacy Policy, please do not use or access any of the Services.

Changes to This Privacy Policy

We may update this Privacy Policy from time to time, including to reflect changes to our practices or for other operational, legal, or regulatory reasons. We will post the revised Privacy Policy on the Site, update the "Last updated" date, and take any other steps required by applicable law.

How We Collect and Use Your Personal Information

To provide the Services, we collect personal information about you from a variety of sources, as set out below. The information that we collect and use varies depending on how you interact with us.

In addition to the specific uses set out below, we may use information we collect about you to communicate with you, provide or improve the Services, comply with any applicable legal obligations, enforce any applicable terms of service, and to protect or defend the Services, our rights, and the rights of our users or others.

What Personal Information We Collect

The types of personal information we obtain about you depend on how you interact with our Site and use our Services. When we use the term "personal information," we are referring to information that identifies, relates to, describes, or can be associated with you. The following sections describe the categories and specific types of personal information we collect.

Information We Collect Directly from You

Information that you directly submit to us through our Services may include:

  • Contact details including your name, address, phone number, and email.
  • Order information including your name, billing address, shipping address, payment confirmation, email address, and phone number.
  • Account information including your username, password, security questions, and other information used for account security purposes.
  • Customer support information including the information you choose to include in communications with us, for example, when sending a message through the Services.

Information We Collect about Your Usage

We may also automatically collect certain information about your interaction with the Services ("Usage Data"). To do this, we may use cookies, pixels, and similar technologies ("Cookies"). Usage Data may include information about how you access and use our Site and your account, including device information, browser information, information about your network connection, your IP address, and other information regarding your interaction with the Services.

Information We Obtain from Third Parties

Finally, we may obtain information about you from third parties, including from vendors and service providers who may collect information on our behalf, such as:

  • Companies who support our Site and Services, such as Shopify.
  • Our payment processors, who collect payment information (e.g., bank account, credit or debit card information, billing address) to process your payment in order to fulfill your orders and provide you with products or services you have requested, in order to perform our contract with you.

Any information we obtain from third parties will be treated in accordance with this Privacy Policy. Also, see the section below, "Third-Party Websites and Links."

How We Use Your Personal Information

We use your personal information in the following ways:

  • Providing Products and Services: We use your personal information to process payments, fulfill orders, send notifications, and manage your account. Shopify may match your account with other Shopify services you choose to use, in accordance with its Privacy Policy.
  • Marketing and Advertising: We may use your information for promotional purposes such as sending marketing communications, showing targeted ads, and tailoring the Services.
  • Security and Fraud Prevention: Your information helps us detect, investigate, and respond to fraudulent, illegal, or malicious activities.
  • Communicating and Improving Services: We use your information to offer customer support and improve our offerings.

Cookies

We use Cookies on our Site to power and improve the Services. For more specific information on Cookies used by Shopify, please see Shopify’s Cookie Policy.

You can control Cookies via your browser, but disabling them may affect your experience on our Site.

How We Disclose Personal Information

We may disclose your personal information under the following circumstances:

  • To vendors or third-party services providers (such as payment processors, fulfillment partners, customer support services).
  • To business and marketing partners for promotional purposes.
  • When you authorize or direct us to share information.
  • In connection with legal or regulatory requirements, business transactions, or enforcing our rights.

Additional Sections for Handling Personal Data

Data Security Measures

We take reasonable measures to protect the security of your personal information, including the use of encryption for data transmission and storage where applicable. Payment information is processed securely in compliance with PCI-DSS standards. User-uploaded content such as memories, photos, and videos is stored securely, and access is restricted to authorized personnel only.

Data Retention Policy

We retain your personal information for as long as necessary to fulfill the purposes for which it was collected, including complying with legal obligations, resolving disputes, and enforcing our agreements. If you request the deletion of your account, your data will be permanently deleted from our systems after [time period], except where we are required by law to retain it for longer periods.

Data Anonymization and Aggregation

We may anonymize and aggregate personal information to perform data analysis or for other business purposes. This aggregated data does not identify individual users and may be used to improve the Services or for research purposes.

Data Sharing and International Transfers

Your personal information may be transferred to and processed in countries other than your country of residence. We take appropriate measures to ensure that any international transfers comply with applicable data protection laws, including entering into agreements using Standard Contractual Clauses approved by the European Commission (if applicable).

User Rights Regarding Uploaded Content

You have the right to delete or export the content you upload to byCAPSULE, such as photos, videos, and Core Memories. Please note that once a Core Memory is deleted, it cannot be recovered, and we recommend exporting any content you wish to keep before initiating deletion.

Third-Party Data Processors and Sub-Processors

We share personal information with third-party vendors who assist in providing our services, including payment processors, cloud storage providers, and customer support platforms. These vendors are contractually obligated to protect your personal information and comply with applicable data protection laws.

Data Breach Notification

In the event of a data breach that affects your personal information, we will notify you as required by applicable law and take appropriate measures to mitigate the breach.

Third-Party Websites and Links

Our Site may contain links to third-party websites. Please review their privacy policies before providing any personal information. We are not responsible for the privacy practices or content of third-party websites.

Children’s Data

The Services are not intended for use by children under the age of 16, and we do not knowingly collect personal information from children. If you believe a child has provided us with their personal information, please contact us to request its deletion.

Security and Retention of Your Information

We take appropriate security measures to protect your personal information. However, no system is completely secure, and we cannot guarantee absolute security.

We retain your personal information for as long as necessary to fulfill the purposes for which it was collected, including complying with legal obligations and resolving disputes.

Your Rights

You may have certain rights depending on your location:

  • Right to Access/Know: Request access to the personal information we hold about you.
  • Right to Delete: Request the deletion of your personal information

SMS Data Usage

Use of Mobile Numbers for SMS Notifications

We collect your mobile number during the registration or purchase process to send SMS notifications, including one-time passwords (OTPs) for account verification and security alerts. This information is used solely for the purpose of providing these notifications and is not shared with third parties except as required to deliver the SMS service.  

Your data is processed securely and in compliance with applicable laws. For more information on data security, please refer to the “Data Protection” section below.

Opt-Out Options

You may opt out of receiving SMS communications at any time by replying "STOP" to any message. Once you opt out, you will no longer receive SMS notifications unless you opt back in by replying "START." Opting out will not affect your access to the byCapsule platform but may limit your ability to use features requiring SMS verification.  

For further assistance, you can contact us at memoryhq@bycapsule.co.

Third-Party Services

We use trusted third-party service providers to send SMS notifications. These providers are contractually obligated to protect your information and use it solely for the purpose of delivering SMS services. For more details, please review their privacy policies.