This Privacy Policy describes how SBOT Technologies LLC and its subsidiaries and affiliates (“Caper”, “we”, “us” or “our”) collect, use, share, and safeguard your personal information. This Privacy Policy also tells you about the choices you can make with respect to your personal information, and how you can reach us to get answers to your questions. You can jump to particular topics by going to the headings below:
Types of Information We Collect
The following provides examples of the type of information that we collect from you and how we use that information.
- Contact Information: We collect the name and contact information of our clients and business partners, and their employees with whom we may interact. Examples of the contact information we collect include, name, phone number, email address, physical address, employer information and job title.
- Feedback and Support: If you provide us feedback or contact us for support, we collect your name and email address, as well as any other content that you send to us, in order to reply.
- Information from Trackers: We use cookies and/or other trackers such as tags and pixels on our websites. “Cookies” are small pieces of information that a website sends to a computer’s hard drive while a website is viewed. We may also use other tracking technologies such as tags and pixels.
- Mailing List: When you sign up for one of our mailing lists, we collect your email address.
- Website Interactions: We use technology to monitor how you interact with our website. This may include which links you click on, or information that you type into our online forms. This may also include information about your device or browser.
- Web Logs: We collect information, including your browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to a computer when the Internet is used), domain name, click-activity, referring website, and/or a date/time stamp for visitors.
- Location information: When you access our website, we infer your general location, for example by using your device’s IP address.
- Analytics: We may also collect and analyze, including via our third-party analytics providers, traffic and usage trends for our website. The information may include the pages you visit, your use of third-party applications, and other information that assists us to improve our services. This may also include which links you click on, information that you type into our online forms and information about your device or browser.
- Caper Carts generated data: Our shopping carts contain sensors that track shopping activity and location of the cart. The cart's sensors may incidentally collect images of individuals located near the cart.
- Caper Cloud: We collect your contact information and activity logs when you use Caper Cloud, our software-as-a-service functionality.
In addition to the information that we collect from you directly, we may also receive information about you from other sources, including our affiliates, publicly available sources and/or our business partners (such as companies that assist us in fraud prevention or in connection with claims or disputes ).
If you do not provide us with the information we request, we may not be able to fulfill the relevant purpose of collection, such as to provide our products or services to you.
The Purposes of Use and Processing of Information
We may use information in the following ways:
| Purpose |
Description |
Legal Basis |
| To provide and manage our services. |
We use your personal information to operate, maintain, and provide to you the features and functionality of our website and other services, including to diagnose or fix technology problems. |
Necessary for the performance of a contract or our legitimate interest to provide and administer our services. |
| To communicate with you. |
We use your personal information to provide you with relevant information about us or our services or to request information or feedback. These communications include sending you from time-to-time important updates about the services, communications about changes to this Privacy Policy or other applicable terms and policies. Communications may include email messages. |
Necessary for the performance of a contract or our legitimate interest in fulfilling your requests and communicating with you. |
| To provide customer support. |
We use your personal information to respond to your customer support communications and inquiries and assist you in your use of our websites and services. |
Necessary for the performance of a contract or our legitimate interest in fulfilling your requests and communicating with you. |
| To comply with applicable laws and regulations. |
We use your information to respond to legal processes, and/or respond to requests and communications from law enforcement authorities or other government officials. |
Legal obligation or our legitimate interest in protecting against misuse or abuse of our websites or other services, protecting personal property or safety, pursuing remedies available to us and limiting our damages, complying with judicial proceedings, court orders or legal processes, responding to lawful requests, or for auditing purposes. |
| To carry out our marketing and advertising activities. |
We (and our partners) use your personal information to send you marketing and promotional materials and communications, including interest-based and other advertisements, and to analyze and measure their effectiveness. |
Consent or legitimate interest to provide our services. |
| To customize and personalize our services. |
We use your personal information to help us understand which parts of the services are of most interest to you and customize or personalize your experience. |
Legitimate interest to offer the best-in class services to our customers. |
| To identify usage trends and improve our services. |
We use your personal information to help us (or our service providers and partners) conduct research and analytics about your use of our services, including total number of users, traffic, usage, and identify usage trends. We also use your personal information to monitor the effectiveness of our services, identify issues, test new features or changes in our features, and improve the services. |
Our legitimate interest in providing a relevant and well-functioning website and other services for the benefit of our website visitors and other users; your consent. |
| To satisfy our legal obligations. |
We use your personal information to comply with applicable laws and regulations, respond to legal process, and/or respond to requests and communications from law enforcement authorities or other government officials. |
Our legitimate interest in responding to law enforcement requests and complying with legal obligations. |
Sharing of Information
In addition to the specific situations discussed elsewhere in this policy, we may disclose information in the following situations:
- Service Providers and Third-Party Partners. We share your information with our service providers and Third-Party Partners. Among other things service providers may help us to administer our websites, conduct surveys, provide technical support, process payments, and assist in the fulfillment of orders.
- Affiliates and Acquisitions. We may share information with our corporate affiliates (e.g., parent company, sister companies, subsidiaries, joint ventures, or other companies under common control). If another company acquires, or plans to acquire, our company, business, or our assets, we will also share information with that company, including at the negotiation stage.
- Disclosures with Your Consent. We may ask if you would like us to share your information with other unaffiliated third parties who are not described elsewhere in this policy.
- Other Disclosures. We may disclose information in response to subpoenas, warrants, or court orders, or in connection with any legal process, or to comply with relevant laws. We may also share your information in order to establish or exercise our rights, to defend against a legal claim, to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, safety of person or property, or a violation of our policies, or to comply with your request for the shipment of products to or the provision of services by a third party intermediary.
Cookies and Other Technologies
The following table describes the categories of tracking technologies that are placed on the Caper.ai website, the purposes for which they are used, and whether they are placed by Caper or third parties.
| TRACKING TECHNOLOGY TYPE |
PURPOSE |
PLACED BY |
| Cookie |
Analytics |
Google |
| Insights Tag |
Analytics, marketing/targeting |
LinkedIn |
You can make the following choices regarding promotional emails and online tracking:
- Promotional Emails. You may choose to provide us with your email address for the purpose of allowing us to send free newsletters, surveys, offers, and other promotional materials to you, as well as targeted offers from third parties. You can stop receiving promotional emails by following the unsubscribe instructions in e-mails that you receive. If you decide not to receive promotional emails, we may still send you service-related communications.
- Online Tracking. Because essential cookies are strictly necessary to operate the website, there is no option to opt out of these cookies. The analytics cookies can be managed in two ways: by way of prior consent or by leveraging web browsers settings that give the ability to manage non-essential cookies (i.e. accept or reject) in the device terminal.
Your Privacy Rights and Choices
You, as a data subject, may have certain rights relating to your personal information, subject to local data protection laws. Depending on the applicable data protection laws these rights may include:
- right to obtain information regarding the processing of your personal information and access to the personal information which we hold about you;
- right of rectification;
- right of erasure/deletion;
- right to restrict processing;
- right to object to processing;
- right to data portability;
- right to withdraw consent;
- right to withdraw your consent at any time (to the extent we base processing on consent), without affecting the lawfulness of the processing based on such consent before its withdrawal.
Requests relating to your personal information can be made by contacting us at privacy@caperlab.com. We will require you to verify your identity and to specify what information you require.
If your personal information is processed on the basis of legitimate interests, you may also have the right to object to the processing of your personal information.
Note that following a deletion process some information may be retained in connection with our legal and record-keeping obligations, as required by applicable laws.
How to Submit a Privacy-Related Complaint
If you wish to complain about a breach of your privacy or the handling of your personal information by us, please contact our privacy officer’s team at privacy@caperlab.com.
Pursuant to Article 27 of the General Data Protection Regulation (GDPR), Caper’s parent company, Maplebear Inc., d/b/a Instacart, has appointed European Data Protection Office (EDPO) as its GDPR Representative in the EU. You can contact EDPO regarding matters pertaining to the GDPR:
In addition, if you are resident in the following countries, you also have the right to lodge a complaint with the relevant data protection authority for your country:
| Country of residence |
Data protection authority and contact details |
| Australia |
Office of the Australian Information Commissioner
GPO Box 5218
Sydney NSW 2001
Email: enquiries@oaic.gov.au
Tel: 1300 363 992
www.oaic.com.au |
| EU member states |
The data protection authority in your relevant member state
http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm
|
Cross-Border Transfers
Your information collected through the Service may be stored and processed in the United States, Canada or any other country in which Caper or its affiliates, partners or service providers maintain facilities, which may result in the transfer of your personal information outside of the country or region in which you reside.
If personal information is transferred out of the jurisdiction in which it was collected, we will do so in accordance with applicable law, however, please note that the privacy laws of those countries may not offer the same level of personal information protection as privacy laws from which the personal information was collected. However, this does not change our commitment to safeguard your privacy and we will comply with all applicable laws relating to the cross-border data disclosure. Where information In relation to data being transferred outside the EEA, and UK, for example, a transfer may be done in one of the following ways:
• the country that we send the data to might be approved by the European Commission as offering an adequate level of protection for personal information;
• the recipient might have signed up to a contract based on “model contractual clauses” approved by the European Commission, obliging them to protect your personal information; or
• in other circumstances the law may permit us to otherwise transfer your personal information outside of the EEA and UK.
How We Protect Personal Information
Caper uses commercially reasonable physical, administrative, and technological safeguards to protect the personal information we hold from misuse and loss and from unauthorized access, modification, or disclosure, for example by use of physical security and restricted access to electronic records.
However, no method of transmission over the Internet, or method of electronic storage, is fully secure and we cannot guarantee the security of your personal information. In the event that we are required by law to inform you of a breach to your personal information we may notify you electronically, in writing, or by telephone, if permitted to do so by law.
Other Important Information
The following additional information relates to our privacy practices:
- Information Collected by Stores that Use Our Products. When you use a Caper product in a store or retail environment, the store or retailer may collect certain information through your use of the products. Please note that we do not control what information is collected or how the information is used by the store or retailer. Please refer to the store or retailer’s privacy policy to learn more about how the store or retailer collects or uses information.
- Third Party Applications/Websites. We have no control over the privacy practices of websites or applications that we do not own.
- Changes to This Privacy Policy. We may change our privacy policy and practices over time. To the extent that our policy changes in a material way, the policy that was in place at the time that you submitted personal information to us will generally govern that information unless we receive your consent to the new privacy policy. Our privacy policy includes an “effective” and “last updated” date. The effective date refers to the date that the current version took effect. The last updated date refers to the date that the current version was last substantively modified. The most current version of this Privacy Policy is located at https://www.caper.ai/privacy and can also be obtained by contacting us at privacy@caperlab.com.
- Accessibility. If you are visually impaired, you may access this notice through your browser’s audio reader.
- Information for California Residents. California residents may be entitled to ask us for a notice describing what categories of personal information (if any) we share with third parties or affiliates for direct marketing. If you would like more information about this, please submit a written request to us at privacy@caperlab.com.
Effective Date: September 9, 2024
Last Revised Date: July 26, 2024
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