Our Privacy Policy

Capture Tax Credits, LLC (“Capture) is dedicated to protecting the confidentiality and privacy of information entrusted to it. As part of this fundamental obligation, Capture is committed to the appropriate protection and use of personal information (sometimes referred to as “personal data”, “personally identifiable information” or “PII”) that has been collected online.

Generally, our intent is to collect only the personal information that is provided voluntarily by online visitors so that we can offer information and/or services to those individuals or offer information about employment opportunities. Please review this privacy statement (“Privacy Statement”) to learn more about how we collect, use, share and protect the personal information that we have obtained.

1         Collection and use of personal information

1.1         What information we collect

We obtain personal information about you if you choose to provide it – for example, to contact mailboxes or to register for certain services. In some cases, you will have previously provided your personal information to Capture (if, for example, you are a former employee). If you choose to register or login to a Capture web site using a third party single sign-in service that authenticates your identity and connects your social media login information (e.g. LinkedIn, Google, or Twitter) with Capture, we will collect any information or content needed for the registration or log-in that you have permitted the social media provider to share with us, such as your name and email address. Other information we collect will depend on the privacy settings you have set with your social media provider, so please review the privacy statement or policy of the applicable service.

When you register or submit personal information to Capture we will use this information in the manner outlined in this Privacy Statement. Your personal information is not used for other purposes, unless we obtain your permission, or unless otherwise required or permitted by law or professional standards. For example, if you register to a Capture web site and provide information about your preferences we will use this information to personalize your user experience. Where you register or login using a third party single user sign-in we may also recognize you as the same user across any different devices you use and personalize your user experience across other Capture sites you visit. If you send us a resume or curriculum vitae (CV) to apply online for a position with Capture, we will use the information that you provide to match you with available Capture job opportunities.

In some cases where you have registered for certain services we will store your email address temporarily until we receive confirmation of the information you provided via an email (i.e. where we send an email to the email address provided as part of your registration to confirm a subscription request).

1.2         The legal grounds we have to use your personal information

Capture generally collects only the personal information necessary to fulfill your request. Where additional, optional information is sought, you will be notified of this at the point of collection.

The law in Europe  allows us to process personal information, so long as we have a ground under the law to do so. It also requires us to tell you what those grounds are. As a result, when we process your personal information, we will rely on one of the following processing conditions: 

·         Performance of a contract: this is when the processing of your personal information is necessary in order to perform our obligations under a contract;

·         Legal obligation: this is when we are required to process your personal information in order to comply with a legal obligation, such as keeping records for tax purposes or providing information to a public body or law enforcement agency;

·         Legitimate interests: we will process information about you where it is in our legitimate interest in running a lawful business to do so in order to further that business, so long as it doesn’t outweigh your interests; or

·         Your consent: in some cases, we will ask you for specific permission to process some of your personal information, and we will only process your personal information in this way if you agree to us doing so.  You may withdraw your consent at any time by contacting Capture at privacy@Capture.com

Examples of the ‘legitimate interests’ referred to above are:

·         To offer information and/or services to individuals who visit our website or offer information about employment opportunities.

·         To prevent fraud or criminal activity and to safeguard our IT systems.

·         To customize individuals’ online experience and improve the performance usability and effectiveness of Capture online presence.

·         To conduct, and to analyze, our marketing activities.

·         To meet our corporate and social responsibility obligations.

·         To exercise our fundamental rights in the EU under Articles 16 and 17 of the Charter of Fundamental Rights, including our freedom to conduct a business and right to property.

In some cases, the personal data that we collect will also include special categories of data, such as diversity related information (including data about racial and ethnic origin, political opinions, religious beliefs and other beliefs of a similar nature, trade union membership and data about sexual life and sexual orientation), or health data and data about alleged or proven criminal offenses in each case where permitted by law.

1.3         Automatic collection of personal information

In some instances, Capture and its service providers use cookies, web beacons and other technologies to automatically collect certain types of information when you visit us online, as well as through emails that we may exchange. The collection of this information allows us to customize your online experience, improve the performance, usability and effectiveness of Capture online presence, and to measure the effectiveness of our marketing activities.

1.3.1       IP addresses

An IP address is a number assigned to your computer whenever you access the internet. It allows computers and servers to recognize and communicate with one another. IP addresses from which visitors appear to originate will be recorded for IT security and system diagnostic purposes. This information will also typically be used in aggregate form to conduct web site trend and performance analysis.

1.3.2       Cookies

Cookies will typically be placed on your computer or internet-enabled device whenever you visit us online. This allows the site to remember your computer or device and serve a number of purposes.

On some of our web sites, a notification banner will appear allowing you to manage your consent to collect cookies (cookie banner). Below is a summary of the categories of cookies collected on our websites, and how your consent may impact your experience of certain features as you navigate those websites:

·         Strictly necessary cookies: Strictly necessary cookies are essential in order to enable users to move around the website and use its features, such as accessing secure areas of the website. These cookies must be enabled or the site will not function, and cannot be blocked.

·         Performance cookies: Performance cookies are cookies used to gather data to enhance the performance of a website.

You can manage your consent for performance cookies using the cookie banner, or by updating your browser’s settings (often found in your browser’s Tools or Preferences menu) to not accept cookies.

·         Functionality cookies: Functionality cookies are used to remember customer selections that change the way the site behaves or looks. You may opt-out of these cookies, but it will impact your experience on the website, and you may need to repeat certain selections each time you visit.

You can manage your consent for functionality cookies using the cookie banner, or by updating your browser’s settings (often found in your browser’s Tools or Preferences menu) to not accept cookies.

·         Targeting cookies or advertising cookies: Targeting cookies are used to deliver content relevant to your interests They are also used to limit the number of times you see certain marketing materials, as well as help measure the effectiveness of those marketing materials. If you do not provide consent for targeting cookies, your computer or internet-enabled device will not be tracked for marketing-related activities.

You can manage your consent for targeting cookies using the cookie banner, or by updating your browser’s settings (often found in your browser’s Tools or Preferences menu) to not accept cookies.

Although most browsers automatically accept cookies, you can choose whether to accept cookies via the cookie consent banner or your browser’s settings (often found in your browser’s Tools or Preferences menu). If you wish to revoke your selection, you may do so by clearing your browser’s cookies, or by updating your preferences in the cookie banner.

Further information about managing cookies can be found in your browser’s help file or through sites such as www.allaboutcookies.org.

Below is a list of the types of cookies used on our web sites:

Purpose

Description

Type & Expiry

Performance (i.e., User’s Browser)

Our web sites are built using common internet   platforms. These have built-in cookies which help compatibility issues (e.g.,   to identify your browser type) and improve performance (e.g., quicker loading   of content).

Session, deleted upon closing the browser, or   persistent.

Security Cookies

If you register for access to a restricted area, our   cookies ensure that your device is logged for the duration of your visit. You   will need your username and password to access the restricted areas. 

Session, deleted upon closing the browser, or   persistent.

Site Preferences

Our cookies may also remember your site preferences   (e.g., language) or seek to enhance your experience (e.g., by personalizing a   greeting or content). This will apply to areas where you have registered   specifically for access or create an account. 

Session, deleted upon closing the browser, or   persistent.

Analytical 

We use several third-party analytics tools to help us   understand how site visitors use our web site. This allows us to improve the   quality and content on Capture.com for our visitors. The aggregated   statistical data cover items such as total visits or page views, and   referrers to our web sites. For further details on our use of Google   Analytics, see below.

Persistent, but will delete automatically after two   years if you no longer visit Capture.com

Social sharing

We use third party social media widgets or buttons to   provide you with additional functionality to share content from our web pages   to social media web sites and email. Use of these widgets or buttons may   place a cookie on your device to make their service easier to use, ensure   your interaction is displayed on our web pages (e.g. the social share count   cache is updated) and log information about your activities across the   Internet and on our web sites. We encourage you to review each provider’s   privacy information before using any such service. For further details on our   use of social media widgets and applications, see below.

Persistent, but will be deleted automatically after   two years if you no longer visit Capture.com

Other third-party tools and widgets will be used on our individual web pages from time to time to provide additional functionality. Depending on how you set your preferences in your browser and/or the cookie banner, use of these tools or widgets may place a cookie on your device to make their service easier to use, and ensure your interaction is displayed on our webpages properly.

Cookies by themselves do not tell us your email address or otherwise identify you personally. In our analytical reports, we will obtain other identifiers including IP addresses, but this is for the purpose of identifying the number of unique visitors to our web sites and geographic origin of visitor trends, and not to identify individual visitors.

1.3.3       Google Analytics

Capture uses Google Analytics. More information about how Google Analytics is used by Capture can be found  here:  http://www.google.com/analytics/learn/privacy.html

To provide web site visitors with more choice on how their data is collected by Google Analytics, Google have developed the Google Analytics Opt-out Browser Add-on. The add-on communicates with the Google Analytics JavaScript (ga.js) to indicate that information about the web site visit should not be sent to Google Analytics. The Google Analytics Opt-out Browser Add-on does not prevent information from being sent to the web site itself or to other web analytics services.

1.3.4       Web beacons

A web beacon is a small image file on a web page that can be used to collect certain information from your computer, such as an IP address, the time the content was viewed, a browser type, and the existence of cookies previously set by the same server. Capture only uses web beacons in accordance with applicable laws.

Capture or its service providers will use web beacons to track the effectiveness of third-party web sites that provide us with recruiting or marketing services or to gather aggregate visitor statistics and manage cookies.

You have the option to render some web beacons unusable by rejecting their associated cookies. The web beacon may still record an anonymous visit from your IP address, but cookie information will not be recorded.

In some of our newsletters and other communications, we will monitor recipient actions such as email open rates through embedded links within the messages. We collect this information to gauge user interest and to enhance future user experiences.

1.3.5       Location-based tools

Capture will collect and use the geographical location of your computer or mobile device. This location data is collected for the purpose of providing you with information regarding services which we believe may be of interest to you based on your geographic location, and to improve our location-based products and services.

1.4         Social media widgets and applications

Capture web sites will typically include functionality to enable sharing via third party social media applications, such as the Facebook Like button and Twitter widget. These social media applications will collect and use information regarding your use of Capture websites (see details on ‘Social Sharing’ cookies above). Any personal information that you provide via such social media applications will often be collected and used by other members of that social media application and such interactions are governed by the privacy policies of the companies that provide the application. We do not have control over, or responsibility for, those companies or their use of your information.

In addition, Capture websites may host blogs, forums, crowd-sourcing and other applications or services (collectively “social media features”). The purpose of social media features is to facilitate the sharing of knowledge and content. Any personal information that you provide on any Capture social media feature will typically be shared with other users of that social media feature (unless otherwise stated at the point of collection), over whom we often have limited or no control.

1.5         Children

Capture understands the importance of protecting children’s privacy, especially in an online environment. In particular, our sites are not intentionally designed for or directed at children under the age of 13. It is our policy never to knowingly collect or maintain information about anyone under the age of 13, except as part of an engagement to provide professional services.

2             Sharing and transfer of personal information

2.1         Transfer within the global organization of Capture firms

We share information about you with other firms in the Capture global organization as part of international engagements, and with Capture International Limited, its related entities and other Capture firms where required or desirable to meet our legal and regulatory obligations around the world.  Other parts of the Capture organization are also used to provide services to us and you, for example hosting and supporting IT applications, provision of certain forms of insurance for Capture firms and their clients, performing client conflicts checks and Anti-Money Laundering checks, assisting with client engagement services and otherwise as required in order to continue to run Capture’s business.

2.2         Transfers to third parties

We do not share personal information with third parties, except as necessary for our legitimate professional and business needs, to carry out your requests, and/or as required or permitted by law or professional standards. For more information on such third parties, please see this link. In addition, Capture will transfer certain personal information outside of the EEA to outside companies working with us or on our behalf for the purposes described in this Privacy Statement. Capture will also typically store personal information outside of the EEA. We typically send personal information to the following countries. If we do this your personal information will continue to be protected by means of contracts we have in place with those organizations outside the EEA, containing standard data protection clauses which are in a form approved by the European Commission. Capture will not transfer the personal information you provide to any third parties for their own direct marketing use.

3             Choices

In general, you are not required to submit any personal information to Capture, but we will require you to provide certain personal information in order for you to receive additional information about our services and events. Capture will also ask for your permission for certain uses of your personal information, and you can agree to or decline those uses. If you opt-in for particular services or communications, such as an e-newsletter, you will be able to unsubscribe at any time by following the instructions included in each communication. If you decide to unsubscribe from a service or communication, we will try to remove your information promptly, although we may require additional information before we can process your request.

As described in “Cookies” above, if you wish to prevent cookies from tracking you as you navigate our sites, you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. Note, however, that some portions of our sites may not work properly if you elect to refuse cookies.

4             Your rights

If Capture processes personal information about you, you have the following rights:

·         Access and correction: you have the right to access to that data. This is sometimes called a ‘Subject Access Request’. If we agree that we are obliged to provide personal information to you, we will provide it to you free of charge. Before providing personal information to you, we may ask for proof of identity and sufficient information about your interactions with us that we can locate your personal information. If the information we hold about you is incorrect, you are entitled to ask us to correct any inaccuracies in the personal information.

·         Object to processing: you have the right to object to us processing your personal information if we are not entitled to use it anymore.

·         Other Rights: in addition, you may have rights to have your information deleted if we are keeping it too long, have its processing restricted in certain circumstances and/or to obtain copies of information we hold about you in electronic form.

You can make a request or exercise these rights by contacting Capture at privacy@Capture.com and we will make all reasonable and practical efforts to comply with your request, so long as it is consistent with applicable law and professional standards.

5             Data security and integrity

Capture has reasonable security policies and procedures in place to protect personal information from unauthorized loss, misuse, alteration, or destruction. Despite Capture best efforts, however, security cannot be absolutely guaranteed against all threats. To the best of our ability, access to your personal information is limited to those who have a need to know. Those individuals who have access to the data are required to maintain the confidentiality of such information.

We also make reasonable efforts to retain personal information only for so long i) as the information is necessary to comply with an individual’s request, ii) as necessary to comply with legal, regulatory, internal business or policy requirements, or iii) until that person asks that the information be deleted.  The period for which data is retained will depend on the specific nature and circumstances under which the information was collected; however, subject to the requirements of i)–iii) above, personal information will not be retained for more than 2 years.

6             Links to other sites

Please be aware that Capture web sites will typically contain links to other sites, including sites maintained by other Capture firms that are not governed by this Privacy Statement but by other privacy statements that will often differ somewhat. We encourage users to review the privacy policy of each web site visited before disclosing any personal information.

By registering on any Capture website and then navigating to another Capture website while still logged in, you agree to the use of your personal information in accordance with the privacy statement of the Capture website you are visiting.

7             Changes to this statement

Capture may modify this Privacy Statement from time to time to reflect our current privacy practices. When we make changes to this statement, we will revise the “updated” date at the top of this page. Any changes to the processing of personal data as described in this Privacy Statement affecting you will be communicated to you through an appropriate channel, depending on how we normally communicate with you.

8             Policy questions and enforcement

Capture is committed to protecting the online privacy of your personal information. If you have questions or comments about our administration of your personal information, please contact us at privacy@Capture.com. You may also use this address to communicate any concerns you may have regarding compliance with our Privacy Statement.

PRIVACY STATEMENT-CALIFORNIA

This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS supplements the information contained in the Privacy Statement of Capture Tax Credits, LLC and its subsidiaries (collectively, “we,” “us,” or “our”) and applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws. Any terms defined in the CCPA have the same meaning when used in this notice.

Information We Collect

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). 

Personal information does not include:

• Publicly      available information from government records.
• De-identified      or aggregated consumer information.
• Information      excluded from the CCPA’s scope, like:
  • Health or medical information covered by the Health       Insurance Portability and Accountability Act of 1996 (HIPAA) and the       California Confidentiality of Medical Information Act (CMIA) or clinical       trial data;
  • Personal information covered by certain       sector-specific privacy laws, including the Fair Credit Reporting Act       (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial       Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act       of 1994.

We obtain the categories of personal information listed above from the following categories of sources:

• Directly from      our clients or their agents. For example, from documents that our clients      provide to us related to the services for which they engage us.
• Indirectly from      our clients or their agents. For example, through information we collect      from our clients in the course of providing services to them.
• Directly and      indirectly from activity on our website. For example, from submissions      through our website portal or website usage details collected      automatically.
• From      third-parties that interact with us in connection with the services we      perform. For example, from government agencies when we prepare readiness      assessments for projects that receive government funding.

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following business purposes:

• To fulfill or      meet the reason for which the information is provided. For example, if you      provide us with personal information in order for us to prepare a tax      return, we will use that information to prepare the return and submit it      to the applicable taxing authorities.
• To provide you      with information, products or services that you request from us.
• To provide you      with email alerts, event registrations and other notices concerning our      products or services, or events or news, that may be of interest to you.
• To carry out      our obligations and enforce our rights arising from any contracts entered      into between you and us, including for billing and collections.
• To improve our      website and present its contents to you.
• For testing,      research, analysis and product development.
• As necessary or      appropriate to protect the rights, property or safety of us, our clients      or others.
• To respond to      law enforcement requests and as required by applicable law, court order,      or governmental regulations.
• As described to      you when collecting your personal information or as otherwise set forth in      the CCPA.
• To evaluate or      conduct a merger, divestiture, restructuring, reorganization, dissolution,      or other sale or transfer of some or all of our assets, whether as a going      concern or as part of bankruptcy, liquidation, or similar proceeding, in      which personal information held by us is among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

Category A: Identifiers.
Category B: California Customer Records personal information categories.
Category C: Protected classification characteristics under California or federal law.
Category I: Professional or employment-related information.

We disclose your personal information for a business purpose to the following categories of third parties:

• Our affiliates.
• Service      providers.
• Third parties      to whom you or your agents authorize us to disclose your personal      information in connection with products or services we provide to you.

In the preceding twelve (12) months, we have not sold any personal information.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

• The categories      of personal information we collected about you.
• The categories      of sources for the personal information we collected about you.
• Our business or      commercial purpose for collecting or selling that personal information.
• The categories      of third parties with whom we share that personal information.
• The specific      pieces of personal information we collected about you (also called a data      portability request).
• If we sold or      disclosed your personal information for a business purpose, two separate      lists disclosing:
  • sales, identifying the personal information       categories that each category of recipient purchased; and
  • disclosures for a business purpose, identifying the       personal information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

1. Complete the      transaction for which we collected the personal information, provide a      good or service that you requested, take actions reasonably anticipated      within the context of our ongoing business relationship with you, or      otherwise perform our contract with you.
2. Detect security      incidents, protect against malicious, deceptive, fraudulent, or illegal      activity, or prosecute those responsible for such activities.
3. Debug products      to identify and repair errors that impair existing intended functionality.
4. Exercise free      speech, ensure the right of another consumer to exercise their free speech      rights, or exercise another right provided for by law.
5. Comply with the      California Electronic Communications Privacy Act (Cal. Penal Code §      1546 seq.).
6. Engage in      public or peer-reviewed scientific, historical, or statistical research in      the public interest that adheres to all other applicable ethics and      privacy laws, when the information’s deletion may likely render impossible      or seriously impair the research’s achievement, if you previously provided      informed consent.
7. Enable solely      internal uses that are reasonably aligned with consumer expectations based      on your relationship with us.
8. Comply with a      legal obligation.
9. Make other      internal and lawful uses of that information that are compatible with the      context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

• Email us      at Privacy@Capture.com
• Visiting Capture.com/data-request-form

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

• Provide      sufficient information that allows us to reasonably verify you are the      person about whom we collected personal information or an authorized representative.
• Describe your      request with sufficient detail that allows us to properly understand,      evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods      or services.
• Charge you      different prices or rates for goods or services, including through      granting discounts or other benefits, or imposing penalties.
• Provide you a      different level or quality of goods or services.
• Suggest that      you may receive a different price or rate for goods or services or a      different level or quality of goods or services.

Changes to Our Privacy Notice

We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will notify you by email or through a notice on our website homepage.

Contact Information

If you have any questions or comments about this notice, our Privacy Statement, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us.