Privacy Policy

Capsella and its Affiliates are dedicated to safeguarding your information. Kindly review this Privacy Notice (the “Notice”) thoroughly, as it provides essential details regarding how we manage your personal information, both in the role of a “controller” or “business” and as a “processor” or “service provider” on behalf of our clients, in accordance with applicable law.

1. Introduction

This Notice outlines how we collect and use your personal information, as well as the choices and rights available to you regarding our use of your data.

This Notice describes our practices regarding your information when you:

• Express an interest in or sign up for our events or products, including newsletters, webinars, e-books, and extensions.
• Activate your Capsella user account and/or license.
• Attend a Capsella event, such as in-person training, presentations, assessments, or other educational activities.
• Visit our websites (including our public site and client-facing learning management systems) or our social media platforms.
• Provide us with your information through our Contact Us page, email, or other similar methods.

This Notice applies whether you provide the information directly to us or if we obtain it from other sources, such as third parties.

Additionally, this Notice governs information we collect from third-party lead generation services to identify potential customers who may be interested in our offerings.

This Notice does not apply to personal information collected from individuals acting as Capsella employees, independent contractors, or applicants for positions at Capsella. Separate notices govern those circumstances.

When our customers purchase our services, we process the personal information of individuals on their behalf and in accordance with their directions. If we act as a service provider or processor for our customers, their privacy policies, agreements, and/or other relevant policies will govern the scope and manner of processing, not this Notice.

2. Information That We Collect About You

2.1 Data collection and usage

The information we gather when you attend one of our events, including training, development, and assessment programs, consists of the following categories:

• Information you provide during registration, such as your name, business email address, profile picture, job title, professional interests, and any accommodation requests.
• Information shared with us by your employer or an affiliate who purchases services from us.
• Information captured during event recordings, including audio, video, and still images of you.
• Your responses to surveys related to our products or services.

We use this information for specific purposes, based on the following legal grounds:

• Enabling your participation in our events. Under GDPR, the legal basis for processing is fulfilling our obligations to you under the event terms, or, if your employer has entered into event terms, our legitimate interests in fulfilling obligations under customer contracts to promote our services.
• Ensuring smooth event operations. Under GDPR, the legal basis for processing is fulfilling our obligations to you under the event terms, or, if your employer has entered into event terms, our legitimate interests in fulfilling obligations under customer contracts to promote our services.
• Promoting our events. Under GDPR, the legal basis for processing is your consent (when required), or, otherwise, our legitimate interests in marketing our events to increase sales.
• Providing event recordings to business contacts, attendees, and on platforms like our website or Capsella’s social media pages. Under GDPR, the legal basis for processing is our legitimate interests in promoting events to expand our sales.
• Protecting our business operations, rights, and those of our stakeholders and investors. Under GDPR, the legal basis for processing is our legitimate interests in defending our rights and reputation in the market.
• Investigating, preventing, or taking action on illegal activities, suspected fraud, potential threats to safety or legal rights of any individual or third party, or breaches of our Terms and Conditions. Under GDPR, the legal basis for processing is our legitimate interests in defending our rights and reputation in the market.
• Complying with legal or regulatory obligations, including responding to subpoenas, warrants, court orders, or other legal processes, or as part of an investigation or request from law enforcement or a government authority. Under GDPR, the legal basis for processing is compliance with applicable law in the EEA or UK, where applicable, or our legitimate interests in ensuring legal compliance.
• Conducting financial, tax, and accounting audits, as well as assessments of privacy, security, and financial controls, for risk and compliance purposes. Under GDPR, the legal basis for processing is our legitimate interests in complying with applicable laws to operate our business in a compliant manner.
• Maintaining appropriate business records and enforcing our policies. Under GDPR, the legal basis for processing is compliance with applicable law in the EEA or UK, where required, or our legitimate interests in following laws to operate efficiently.
• Assessing and implementing business transactions such as mergers, acquisitions, reorganizations, or financings. Under GDPR, the legal basis for processing is our legitimate interests in managing our business efficiently to protect stakeholders and expand market share.
• Administering our business functions, including accounting, auditing, compliance, recordkeeping, and legal operations. Under GDPR, the legal basis for processing is compliance with applicable law in the EEA or UK, where relevant, or our legitimate interests in managing administrative processes for business efficiency.
• Any other business purpose specified when collecting your personal information. Under GDPR, the legal basis will be as stated at the time of data collection.

Categories of information we collect about you:

• Information you provide to us directly, either on our website or in person, such as when you share contact details or complete online questionnaires or feedback forms.
• Information you provide in response to surveys about our programs, products, and services.
• Information you provide when subscribing to email newsletters, such as your name, email address, and job title.

We use this information for specific purposes, relying on the following legal grounds:

• Enabling you to access your Capsella online accounts across different devices. Under GDPR, the legal basis for this processing is to fulfill our obligations to you under our Terms and Conditions of Use, or, if your employer has entered into service terms, our legitimate interests in fulfilling customer contracts to enhance our sales.
• Personalizing your experience on our website and learning management systems. Under GDPR, the legal basis for this processing is to fulfill our obligations to you under the applicable service terms, or, if your employer has entered into service terms, our legitimate interests in fulfilling customer contracts to drive sales.
• Managing our website. Under GDPR, the legal basis for this processing is our legitimate interests in facilitating website usage to promote sales.
• Managing our learning management systems. Under GDPR, the legal basis for this processing is to fulfill our obligations to you under the applicable service terms, or, if your employer has entered into service terms, our legitimate interests in fulfilling customer contracts to boost sales.
• Enabling networking opportunities with peers based on your background and experience. Under GDPR, the legal basis for this processing is to fulfill our obligations to you under the applicable service terms, or, if your employer has entered into service terms, our legitimate interests in fulfilling customer contracts to drive sales.
• Providing improved, more tailored client service. Under GDPR, the legal basis for this processing is to fulfill our obligations to you under the applicable service terms, or, if your employer has entered into service terms, our legitimate interests in fulfilling customer contracts to enhance sales.
• Investigating complaints. Under GDPR, the legal basis for this processing is our legitimate interests in ensuring customer satisfaction to increase sales.
• Monitoring social media content to manage client relationships and promote our business and brand. Under GDPR, the legal basis for this processing is our legitimate interests in maintaining customer satisfaction to boost sales.
• Protecting our business operations, rights, and those of our stakeholders and investors. Under GDPR, the legal basis for this processing is our legitimate interests in defending our rights and reputation in the market.
• Investigating, preventing, or taking action regarding illegal activities, suspected fraud, safety or legal threats to individuals or third parties, or violations of our Terms and Conditions of Use. Under GDPR, the legal basis for this processing is our legitimate interests in protecting our rights and reputation in the market.
• Complying with applicable legal or regulatory obligations, including in judicial proceedings, responding to subpoenas, warrants, court orders, or other legal processes, or as part of investigations by law enforcement or government authorities. Under GDPR, the legal basis for this processing is compliance with applicable laws in the EEA or UK, where relevant; in other cases, the legal basis is our legitimate interests in ensuring compliance with the law to operate our business correctly.
• Conducting financial, tax, and accounting audits, and assessing our operations, including privacy, security, and financial controls, for risk and compliance purposes. Under GDPR, the legal basis for this processing is our legitimate interests in adhering to applicable law to maintain compliance in our operations.
• Maintaining proper business records. Under GDPR, the legal basis for this processing is compliance with applicable laws in the EEA or UK, where applicable; in other cases, the legal basis is our legitimate interests in ensuring legal compliance for efficient business operations.
• Enforcing our policies and procedures. Under GDPR, the legal basis for this processing is our legitimate interests in ensuring that our business aligns with internal standards to uphold our reputation.
• Assessing and carrying out mergers, acquisitions, reorganizations, bankruptcies, and other business transactions such as financings. Under GDPR, the legal basis for this processing is our legitimate interests in managing our business efficiently to protect stakeholders and grow market share.
• Administering business, accounting, auditing, compliance, recordkeeping, and legal functions. Under GDPR, the legal basis for this processing is compliance with applicable law in the EEA or UK, where required; in other cases, the legal basis is our legitimate interests in complying with laws and optimizing administrative processes to operate efficiently.
• Any other business purpose stated at the time of collecting your personal information. Under GDPR, the legal basis for processing will be as outlined when the information was collected.

Categories of information we collect about you (subject to your prior consent to the extent required):

• Information gathered through cookies, pixel tags/clear GIFs, JavaScript, local storage, log files, and other mechanisms, either operated by us or our third-party providers.
• Information collected using session tracking technologies.
• Data captured in our web logs, including device information (such as device brand and model, operating system, and screen size), unique identifiers (like IP address, MAC address, and device ID), browser details (such as URL, browser type, pages visited, and date/time of access), language settings, geo-location data, and other device-specific and internet connection information.
• Information from emails we send, which is collected by web pixels, including advertising details (like ad size/type, impressions, location/format of the ad, and interaction data).
• Behavioral data (such as inferred interests or activities of individuals, linked to those individuals, which may be used to create a user profile).

We use this information for specific purposes, relying on the following legal grounds:

• Collecting and analyzing information about your browsing activities and use of Capsella services. Under GDPR, the legal basis for this processing is our legitimate interests in improving our website and services to enhance user engagement.
• Personalizing your experience on our website. Under GDPR, the legal basis for this processing is our legitimate interests in improving our website and services to boost user engagement.
• Managing and administering our website. Under GDPR, the legal basis for this processing is our legitimate interests in facilitating website use to increase sales.
• Performing statistical and trend analysis to enhance user experience and website performance. Under GDPR, the legal basis for this processing is our legitimate interests in improving our website and services to boost user engagement.
• Conducting targeted marketing and advertising. Under GDPR, the legal basis for this processing is either your consent (where required), or our legitimate interests in promoting our services to increase sales.
• Providing more customized client service. Under GDPR, the legal basis for this processing is our legitimate interests in fulfilling customer contracts to encourage repeat business.
• Verifying account credentials and enabling logins. Under GDPR, the legal basis for this processing is our legitimate interests in performing our obligations under customer contracts.
• Tracking errors and bugs, and investigating any complaints. Under GDPR, the legal basis for this processing is our legitimate interests in improving user experience and ensuring customer satisfaction to drive sales.
• Understanding whether you read our emails. Under GDPR, the legal basis for this processing is our legitimate interests in refining our marketing and service communications to enhance sales and customer satisfaction.
• Protecting our business operations, rights, and those of our stakeholders and investors. Under GDPR, the legal basis for this processing is our legitimate interests in defending and protecting our rights and reputation in the market.
• Investigating, preventing, or addressing illegal activities, suspected fraud, safety or legal threats to individuals or third parties, or violations of our Terms and Conditions of Use. Under GDPR, the legal basis for this processing is our legitimate interests in protecting and defending our rights and reputation in the market.
• Complying with applicable legal or regulatory obligations, such as responding to a subpoena, warrant, court order, or other legal processes, or participating in investigations from law enforcement or government authorities. Under GDPR, the legal basis for this processing is compliance with EEA or UK law, where applicable; in other instances, our legitimate interests in complying with relevant law apply.
• Conducting financial, tax, and accounting audits, as well as audits and assessments of our operations, privacy, security, and financial controls, including for risk and compliance purposes. Under GDPR, the legal basis for this processing is our legitimate interests in adhering to applicable law to maintain compliance in our operations.
• Maintaining proper business records. Under GDPR, the legal basis for this processing is compliance with EEA or UK law, where applicable; otherwise, our legitimate interests in adhering to applicable law for efficient business operations apply.
• Enforcing our internal policies and procedures. Under GDPR, the legal basis for this processing is our legitimate interests in ensuring that our business activities align with internal standards to protect our reputation.
• Assessing and executing mergers, acquisitions, reorganizations, bankruptcies, and other business transactions, such as financings. Under GDPR, the legal basis for this processing is our legitimate interests in operating our business efficiently to protect stakeholders and grow our market share.
• Administering business, accounting, auditing, compliance, recordkeeping, and legal functions. Under GDPR, the legal basis for this processing is compliance with EEA or UK law, where applicable; in other cases, the legal basis is our legitimate interests in complying with relevant laws and optimizing administrative processes for efficient business operations.

We utilize this information for various purposes, based on the following legal grounds:

• Facilitating communication with corporate clients and business contacts, such as sharing details about vendor briefings or events and webinars. Under GDPR, the legal basis for this processing is our legitimate interests in managing and promoting our brand.
• Conducting internal analysis and research to enhance our services. Under GDPR, the legal basis for this processing is our legitimate interests in improving services to boost our sales.
• Sending marketing materials to business contacts regarding our services and products that may be of interest, as well as promoting our business and brand. Under GDPR, the legal basis for this processing is your consent (where necessary); otherwise, the legal basis is our legitimate interests in promoting our services to increase sales.
• Administering our website and addressing any complaints. Under GDPR, the legal basis for this processing is our legitimate interests in facilitating website use and ensuring customer satisfaction to increase sales.
• Providing customer service. Under GDPR, the legal basis for this processing is our legitimate interests in fulfilling customer contracts to foster repeat business.
• Monitoring social media content to manage relationships with clients and promote our business and brand. Under GDPR, the legal basis for this processing is our legitimate interests in ensuring customer satisfaction to increase sales.
• Ensuring the security of our services and systems, including our websites, and preventing and detecting fraud, unauthorized activities, and misuse of our websites and services. Under GDPR, the legal basis for this processing is our legitimate interests in protecting our services and assets, thus safeguarding our market reputation.
• Protecting our business operations, rights, and those of our stakeholders and investors. Under GDPR, the legal basis for this processing is our legitimate interests in defending and protecting our rights and reputation in the market.
• Investigating, preventing, or taking action regarding illegal activities, suspected fraud, threats to the safety or legal rights of any person or third party, or violations of our Terms and Conditions of Use. Under GDPR, the legal basis for this processing is our legitimate interests in protecting and defending our rights and reputation in the market.
• Complying with applicable legal or regulatory obligations, such as responding to subpoenas, warrants, court orders, or other legal processes, or participating in investigations from law enforcement or governmental authorities. Under GDPR, the legal basis for this processing is compliance with EEA or UK law, where applicable; in all other instances, the legal basis is our legitimate interests in complying with relevant law to operate our business in a compliant manner.
• Conducting financial, tax, and accounting audits, as well as assessments of our operations, privacy, security, and financial controls for risk and compliance purposes. Under GDPR, the legal basis for this processing is our legitimate interests in adhering to applicable law to ensure compliance in our business operations.
• Maintaining proper business records. Under GDPR, the legal basis for this processing is compliance with EEA or UK law, where applicable; in other cases, our legitimate interests in complying with applicable law for efficient business operations apply.
• Enforcing our policies and procedures. Under GDPR, the legal basis for this processing is our legitimate interests in operating our business in line with internal standards to protect our reputation.
• Assessing and executing mergers, acquisitions, reorganizations, bankruptcies, and other business transactions such as financings. Under GDPR, the legal basis for this processing is our legitimate interests in running our business efficiently to protect stakeholders and grow our market share.
• Administering business, accounting, auditing, compliance, recordkeeping, and legal functions. Under GDPR, the legal basis for this processing is compliance with EEA or UK law, where applicable; in other cases, the legal basis is our legitimate interests in complying with relevant laws and optimizing administrative processes for business efficiency and compliance.
• For any other business purpose disclosed when collecting your personal information. Under GDPR, the legal basis for this processing will be as stated when the personal information is collected.

2.2 Sensitive Personal Information

Under relevant laws, such as the GDPR, certain types of personal information are classified as “sensitive” or part of a “special category.” At present, we do not collect or process any sensitive personal information or special category data. Should this change in the future, we will notify you regarding the type of information we would collect, as well as how and why it would be used.

2.3 Further Information

In certain cases, if you do not provide required personal information (for example, when activating your account on a Capsella learning management system, such as the Capsella Hub or Effortless Experience Learning Portal), we may not be able to fulfill our contractual obligations with your employer or provide you with the relevant products and services. We will inform you if and when this occurs and explain the consequences of not providing the necessary information.

2.4 Personal Information of Children

Our websites and online services are intended for individuals aged 18 or older. We do not design our online services for use by individuals under the age of 18. We do not knowingly collect or solicit personal information from anyone under the age of 18. If you are under 18, please refrain from registering for or using any of our services, or from submitting any personal information to us. If we become aware that we have collected personal information from someone under 18, we will delete that information promptly. 

2.5 Information We Collect or Process on Behalf of Others

Capsella collects and processes your personal information on behalf of our customers who utilize our services to deliver educational and skill-building content for their employees and to assess whether the content has been learned. In these situations, Capsella acts as a “service provider” or “processor” under applicable laws, where our customers determine how personal information is collected and processed and for what purposes. The privacy policy and other policies of our customers, along with their agreements with their employees, will govern the scope and manner of processing, rather than this Notice.

For instance, Capsella or its Affiliates may collect your personal information on behalf of one of our customers in the following ways:

• Employee use of our public- and client-facing learning management systems, including assessments of individual sales potential.
• Information that our customer decides to collect, which may include categories like name, address, phone number, and email address.
• If you have an account on a Capsella learning management system (Capsella Hub or Effortless Experience Learning Portal), your log-in credentials and related usage information.
• Information provided by your organization to set up your user account on Capsella learning management systems (Capsella Hub), including name, business email address, and organization.
• Optional details you submit when completing your profile within your Capsella learning management system account, such as location, country, time zone, and language preference.
• Information provided during participation in classes, training sessions, learning modules, and similar programs, including responses to assessments and quizzes.
• Information gathered from surveys or diagnostic tools.
• When We Share Your Information
  We may share your personal information with the following categories of third parties:

• With Affiliates and service providers who process personal information for the purposes described in Section 2.1 Data Collection and Usage.
• With Capsella strategic partners who collaborate with Capsella to offer or promote products or services, or who promote Capsella products or services on our behalf.
• With third parties who assist us in managing business contact databases and other IT systems, such as suppliers of the IT systems we use to process personal information or providers of technical services, like printing.
• With third parties offering services to us who need access to your information, such as our professional advisors (e.g., auditors and lawyers) or event venues.
• With law enforcement, courts, dispute resolution bodies, parties involved in disputes, their legal counsel and advisors, and government agencies when we believe disclosure is necessary to protect our business, services, rights, property, or the health and safety of others.
• With national security or law enforcement agencies and public authorities when responding to lawful requests.
• With a potential or actual buyer of Capsella, its business, or assets (including in bankruptcy), or any relevant investor or advisors.

We may also share de-identified and/or aggregated personal information, which would no longer be considered personal information.

3. Retention Periods

We will retain your personal information as long as necessary to fulfill the purposes for which it was collected, based on the circumstances in which it was obtained and any additional legal or regulatory obligations that may require us to retain it. We may also keep personal information for as long as a claim could potentially be made related to our dealings with you.

Generally, this means your personal information will be retained for the duration of our relationship with you, and:

• For the period required by tax laws and applicable regulations.
• For as long as it is possible for you to bring a claim against us, and it is necessary for us to defend ourselves against any legal claims.

This typically encompasses the length of the relationship plus any applicable statutory limitation period under local laws. For example, marketing contact data will generally be retained for about two years.

4. Choices Regarding Your Information

We believe it is essential to offer you control over the use of your information. We will use your data as described in this Notice (or any other specific notice related to events or services). If we wish to use your information for any purpose not outlined in this Notice, we will first seek your consent.

Marketing Communications:

We will respect your preferences regarding marketing communications. If you are currently receiving marketing communications (e.g., via email), you can opt-out at any time by using the unsubscribe links or instructions provided in our emails. Please note that you will still receive service-related communications even if you opt-out of marketing messages.

We will not sell your personal information for monetary compensation to third parties for their own promotional or marketing purposes unless we have your consent and it is allowed under applicable law.

5. Security

We have established administrative, technical, and physical security protocols to help safeguard against unauthorized access. However, it is important to note that no data transmission over the Internet can be completely secure, and we cannot guarantee or ensure the security of any information you send through our websites or apps. You are responsible for maintaining the confidentiality of your login credentials for any Capsella service or account, and we encourage you to notify us if you suspect any unauthorized activity.

We strive to limit access to personal information to those employees, contractors, and agents who require it to operate, enhance, improve, or provide our programs, products, and services.

Cookies and Similar Technologies:

A cookie is a small text file containing a unique identifier sent by a web server to the browser on your computer, mobile device, or any other Internet-enabled device when you visit a website. Cookies and similar technologies are commonly used to help websites function more efficiently and to gather information about your online preferences. For simplicity, we refer to all of these technologies as “cookies.” To learn more about how Capsella uses cookies, please refer to our Cookie Policy.

Some pages of our website may include electronic images known as web beacons (sometimes referred to as clear gifs, pixels, or tags) which allow us to count the number of visitors to those pages. Web beacons gather limited data such as a cookie number, the date and time a page was viewed, and the description of the page where the beacon appears. We may also use web beacons placed by third-party advertisers, which generally do not contain information that can directly identify you.

We use the following categories of cookies:

• Necessary Cookies: These are essential for providing services or features you have requested. For example, certain cookies are required for logging into secure areas of our services. Disabling these cookies could prevent some features or services from functioning properly.
• Functional Cookies: These cookies store your choices and preferences regarding our services, maintaining them over time. They allow us to personalize content, greet you by name, and remember your language or regional preferences when you return to our services.
• Analytics Cookies: These cookies help us understand how visitors use our services by collecting information such as the number of visitors, the pages they view, and how long they spend on specific pages.
• Advertisement Cookies: These cookies enable us and our third-party advertising partners to tailor content to you across third-party websites and apps.

You have the option to control whether or not to accept cookies through your browser settings. Most browsers allow you to disable cookie functions, which will stop your browser from accepting new cookies. Depending on your browser, you may also have the option to manage each new cookie individually. You can also delete any cookies already stored on your device. However, if you choose to delete or disable cookies, some preferences may need to be manually adjusted each time you visit a website, and certain services or features may not function correctly.

To explore the cookie settings available on your browser, visit the “preferences” or “options” section in the menu.

“Do Not Track”
“Do Not Track” (DNT) is a privacy setting available in some web browsers that allows users to signal their preference not to be tracked across the web. Please note, while we do not respond to DNT signals from web browsers, we do adhere to Global Privacy Control signals as required by applicable laws. 

6. External Links

To enhance your experience, we provide links to other websites or resources that are not affiliated with the products, programs, or services offered by Capsella. We do not control these external websites or their privacy practices, and any information you provide to them will be governed by their respective privacy policies, not by this Notice.

7. Changes to This Notice

Capsella may update this Notice periodically. Changes may be prompted by evolving laws, regulations, or industry standards, or may result from modifications to our services or business. We will post any updates on this page and recommend that you review the Notice to stay informed. 

If significant changes are made that affect your privacy rights, we will do our best to notify you by posting an alert on the Capsella website, sending you an email, or through other means. Please note that if you have opted out of receiving legal notice emails from us (or have not provided us with your email address), those legal notices will still apply to your use of our services, and you are responsible for reading and understanding them.