Privacy Policy

Trendset LLC, doing business as Captiva AI (“Captiva,” “Captiva AI,” “we,” “us,” or “our”), respects your privacy. This Privacy Policy explains how we collect, use, disclose, retain, and protect personal information when you:

• Visit or interact with captiva.ai or another website, page, form, or digital property that links to this Privacy Policy;

• Submit information through an advertisement, social-media platform, lead form, appointment request, or consultation form;

• Communicate with Captiva by email, telephone, text message, social media, or another channel;

• Request information about, purchase, or use our products and services;

• Act as a customer, prospective customer, business partner, contractor, or representative of an organization; or

• Otherwise interact with Captiva.

This Privacy Policy does not replace any separate agreement, Business Associate Agreement, data-processing agreement, service agreement, or privacy notice that may apply to a specific relationship or category of information.

1. Who We Are

Captiva provides website development, search-engine optimization, local-search management, digital advertising, reputation management, marketing automation, analytics, content, patient-acquisition support, and related technology-enabled marketing services to independent healthcare practices and other businesses.

Trendset LLC is the legal entity responsible for Captiva’s own collection and use of personal information under this Privacy Policy.

2. Scope and Our Role

In some circumstances, Captiva determines why and how personal information is processed. In those circumstances, Captiva acts as a “business,” “controller,” or similar responsible entity under applicable privacy law.

In other circumstances, Captiva processes information solely on behalf of a customer, such as when we manage a customer’s website, advertising campaigns, forms, CRM, communications, analytics, or marketing systems. In those circumstances, the customer generally determines why and how the information is processed, and Captiva acts as a “service provider,” “contractor,” or “processor.”

When Captiva processes information solely on behalf of a customer:

• The customer’s privacy policy and instructions govern the processing;

• Requests concerning that information should generally be directed to the customer;

• Captiva will assist the customer as required by our agreement and applicable law; and

• This Privacy Policy does not expand Captiva’s rights to use customer-controlled information.

3. Personal Information We Collect

The information we collect depends on how you interact with Captiva.

A. Information You Provide Directly

We may collect:

• Contact information, such as your name, business email address, telephone number, mailing address, and social-media profile information;

• Professional information, such as your job title, role, specialty, employer, practice name, business type, number of locations, and decision-making authority;

• Practice and business information, such as your website URL, business address, services, specialties, marketing goals, branding materials, operating information, and existing technology or marketing providers;

• Lead-form and appointment information, including your preferred meeting date and time, responses to qualification questions, and information submitted through Meta, LinkedIn, Google, or other advertising platforms;

• Account information, including usernames, login credentials, permissions, and account preferences for Captiva services;

• Communications, including emails, messages, telephone-call information, meeting notes, customer-support requests, survey responses, and feedback;

• Project content, such as website copy, images, logos, videos, customer lists, advertising materials, analytics, campaign data, reviews, social-media content, and other materials provided for our services;

• Transaction and billing information, such as billing contact information, invoices, subscription information, payment status, and limited payment details received from payment processors;

• Testimonials and case-study information, when you authorize us to publish them; and

• Other information you voluntarily provide.

B. Information Collected Automatically

When you visit or interact with our websites, advertisements, emails, or services, we or our service providers may automatically collect:

• Internet Protocol address;

• Browser type and version;

• Device type, operating system, and device identifiers;

• Approximate location derived from an IP address;

• Pages viewed, links clicked, referring pages, and exit pages;

• Dates, times, and duration of visits;

• Website navigation and interaction information;

• Advertising identifiers;

• Cookie, pixel, tag, local-storage, and similar technology data;

• Campaign, referral, and attribution information;

• Form views, form submissions, appointment requests, and conversion events;

• Email delivery, open, and click information; and

• Information used to detect fraud, abuse, security incidents, and technical problems.

C. Information From Advertising and Social-Media Platforms

We may receive information when you interact with Captiva through Meta, Facebook, Instagram, LinkedIn, Google, or another advertising or social-media platform.

This may include:

• Your name and contact information;

• Information prefilled from your platform profile;

• Answers submitted through an instant form;

• Appointment-request information;

• The advertisement or campaign through which you contacted us;

• Engagement information, such as clicks, views, reactions, or messages; and

• Advertising attribution and conversion information.

The platform may separately collect and use your information according to its own privacy policy and settings.

D. Information From Customers, Partners, and Third Parties

We may receive information from:

• Captiva customers and prospective customers;

• Referral partners;

• Publicly available business directories and websites;

• Data and lead providers;

• Marketing, analytics, CRM, scheduling, hosting, and advertising platforms;

• Social networks;

• Business partners and service providers; and

• Integrations authorized by a customer.

We may combine information received from different sources where permitted by law.

4. How We Use Personal Information

We may use personal information to:

Provide and Operate Our Services

• Respond to inquiries and consultation requests;

• Review whether a practice is eligible for an offer or program;

• Schedule and conduct meetings;

• Prepare website concepts, audits, previews, proposals, and recommendations;

• Design, develop, host, maintain, and improve websites;

• Manage SEO, local listings, reviews, advertising, content, social media, and marketing campaigns;

• Configure integrations, analytics, CRM systems, forms, and marketing automation;

• Provide customer support;

• Authenticate users and administer accounts;

• Process payments and maintain billing records; and

• Fulfill contractual obligations.

Communicate With You

• Send requested information;

• Confirm appointment requests;

• Send meeting invitations and reminders;

• Respond to questions;

• Provide service, account, security, and administrative notices;

• Request feedback;

• Provide customer support; and

• Communicate regarding projects, services, and business relationships.

Market Captiva

• Send marketing communications where permitted;

• Advertise Captiva’s products, services, and offers;

• Measure advertising performance;

• Attribute inquiries and conversions to advertising campaigns;

• Create or use advertising audiences;

• Retarget website visitors;

• Personalize advertisements and marketing;

• Conduct lead qualification and sales activities; and

• Understand which channels, campaigns, and messages are effective.

Improve and Protect Our Business

• Analyze website and service usage;

• Develop and improve services, features, content, and business operations;

• Conduct research and reporting;

• Monitor quality and performance;

• Detect, investigate, and prevent fraud, misuse, security incidents, and unlawful activity;

• Enforce agreements and policies;

• Protect the rights, safety, property, and security of Captiva, our customers, and others;

• Comply with legal, regulatory, accounting, and tax obligations; and

• Establish, exercise, or defend legal claims.

5. Cookies and Similar Technologies

Captiva and our service providers may use cookies, pixels, tags, software-development kits, local storage, session-replay technologies, web beacons, and similar technologies.

These technologies may be used to:

• Operate and secure the website;

• Remember preferences;

• Understand website use;

• Measure traffic and performance;

• Identify technical problems;

• Determine how visitors arrived at the website;

• Measure form submissions, appointment requests, and other conversions;

• Personalize content;

• Deliver advertising;

• Create advertising audiences;

• Retarget visitors on other websites and platforms; and

• Measure the effectiveness of Captiva’s advertising.

These technologies may collect identifiers, device information, browsing activity, approximate location, referral information, and advertising-interaction data.

We may use providers such as Meta and other analytics or advertising platforms. These providers may combine information collected through Captiva’s website with information they collect through other websites, applications, devices, or services, subject to their own policies.

You may control cookies through your browser settings. Blocking certain cookies may affect website functionality. Where required by applicable law, we will provide additional choices or obtain consent before using nonessential cookies.

Where Captiva is legally required and technically able to recognize a valid universal opt-out signal, such as Global Privacy Control, we will process that signal as required by applicable law.

6. Advertising and Targeted Advertising

Captiva may use personal information to advertise our services and measure advertising performance.

Advertising activities may include:

• Displaying advertisements on Facebook, Instagram, Google, LinkedIn, and other platforms;

• Using pixels and conversion tags;

• Measuring whether a person viewed, clicked, or responded to an advertisement;

• Creating custom or similar audiences;

• Retargeting visitors who interacted with Captiva;

• Matching identifiers through an advertising platform;

• Receiving lead information from advertising forms;

• Understanding campaign effectiveness; and

• Preventing advertising fraud.

We do not knowingly use patient medical records, diagnoses, treatment information, or other protected health information for targeted advertising.

7. Meta Lead Forms and Appointment Requests

When you submit information through a Captiva advertisement or Meta Instant Form, Captiva receives the information you choose to provide.

We may use this information to:

• Determine whether your practice may qualify for the advertised offer;

• Contact you regarding the offer;

• Review your current website and publicly available business information;

• Prepare a website concept, audit, or preview;

• Schedule or confirm a requested meeting;

• Send a calendar invitation or meeting reminder;

• Follow up regarding Captiva’s services; and

• Measure and improve our advertising campaigns.

Selecting a requested appointment date or time through a form does not necessarily create a confirmed appointment until Captiva confirms it or sends a meeting invitation.

Information you submit through Meta is also subject to Meta’s own privacy policy and terms.

8. Email, Telephone, and Text Communications

We may contact you by email, telephone, text message, social-media message, or other communication channel regarding:

• A request you submitted;

• An appointment or consultation;

• A Captiva service;

• An account or project;

• Administrative or security information; or

• Marketing, where permitted by law.

You may unsubscribe from marketing emails using the unsubscribe link in the message or by contacting us. Even after opting out of marketing, we may send nonmarketing messages related to a transaction, appointment, account, contract, security issue, or ongoing service.

Where consent is legally required for marketing calls or text messages, we will seek the required consent. Consent to receive marketing communications is not a condition of purchasing Captiva’s services unless expressly permitted by law.

Message and data rates may apply to text messages.

9. How We Disclose Personal Information

We may disclose personal information to the following categories of recipients.

Service Providers and Contractors

We may use providers that assist with:

• Website hosting and development;

• Cloud storage and infrastructure;

• Analytics;

• Advertising;

• CRM and lead management;

• Appointment scheduling;

• Email and communications;

• Customer support;

• Payment processing;

• Accounting;

• Security;

• Data management;

• Project management;

• Content and design;

• AI-assisted tools; and

• Professional services.

These providers may access information only as reasonably necessary to perform services for Captiva, subject to applicable contractual and legal requirements.

Advertising and Analytics Partners

We may disclose identifiers, device information, browsing activity, referral information, and advertising-interaction data to advertising and analytics partners for measurement, attribution, audience creation, retargeting, and targeted advertising.

Customers and Customer-Directed Recipients

When we process information on behalf of a customer, we may provide information to that customer or to systems, vendors, platforms, and recipients the customer authorizes.

Business Partners

We may disclose information to referral partners, integration partners, contractors, or other businesses involved in delivering a service or responding to a request.

Professional Advisers

We may disclose information to attorneys, accountants, auditors, insurers, consultants, and other professional advisers.

Legal and Safety Disclosures

We may disclose information when we believe disclosure is reasonably necessary to:

• Comply with applicable law, regulation, legal process, or governmental request;

• Enforce an agreement or policy;

• Protect Captiva, our customers, or others;

• Prevent or investigate fraud, abuse, security incidents, or illegal activity; or

• Establish, exercise, or defend legal claims.

Corporate Transactions

Information may be disclosed or transferred in connection with a merger, financing, acquisition, restructuring, bankruptcy, sale of assets, or similar business transaction, including during due diligence.

With Your Direction or Consent

We may disclose information for another purpose when you direct us or provide consent.

10. Sale, Sharing, and Targeted Advertising

Captiva does not sell personal information to third parties for money.

However, our use of advertising pixels, cookies, custom audiences, and similar technologies may be considered a “sale,” “sharing,” or processing for “targeted advertising” under certain state privacy laws, even when no money is exchanged.

The categories of information that may be involved include:

• Identifiers;

• Internet or other electronic-network activity;

• Device and browser information;

• Approximate geolocation;

• Commercial or professional information; and

• Advertising and interaction information.

The recipients may include advertising networks, analytics providers, and social-media platforms.

Depending on where you live and whether the applicable law covers Captiva, you may have the right to opt out of these activities. To submit a request, email privacy@captiva.ai with the subject line Privacy Opt-Out.

We do not knowingly sell or share the personal information of individuals under 16 years of age.

11. Customer Data

A Captiva customer may provide or authorize access to information in connection with our services. This may include website inquiries, leads, customer lists, CRM records, analytics, advertising data, account information, or communications.

Captiva will process customer data:

• To provide the contracted services;

• According to the customer’s documented instructions;

• Subject to the applicable agreement;

• For security, support, billing, and legal compliance; and

• As otherwise permitted by law.

Customers are responsible for:

• Providing legally required notices;

• Obtaining legally required permissions or consents;

• Ensuring they have authority to provide information to Captiva;

• Configuring their forms, advertising, and communications lawfully; and

• Avoiding the disclosure of information that Captiva is not authorized to receive.

12. Healthcare Information and HIPAA

Captiva’s public website, advertising forms, consultation forms, and general marketing services are designed for business and professional information. They are not patient portals and are not intended for submitting:

• Medical records;

• Diagnoses;

• Treatment information;

• Insurance information;

• Prescription information;

• Patient communications;

• Social Security numbers;

• Detailed health conditions; or

• Other protected health information or sensitive patient information.

Please do not submit patient information through Captiva’s public website, advertisements, social-media forms, general email addresses, or consultation forms.

Captiva is not automatically a HIPAA covered entity or business associate merely because we serve healthcare practices. If a service requires Captiva to create, receive, maintain, or transmit protected health information on behalf of a HIPAA covered entity or business associate, the parties must first determine whether HIPAA applies and, when required, enter into an appropriate Business Associate Agreement.

Unless an applicable written agreement expressly provides otherwise, customers must not provide Captiva with protected health information.

Captiva does not use protected health information for its own advertising or marketing.

13. Artificial Intelligence and Automated Tools

Captiva may use artificial intelligence, automation, analytics, or machine-assisted tools to support activities such as:

• Website development;

• Drafting and editing content;

• Data analysis;

• Campaign optimization;

• Customer support;

• Lead organization;

• Reporting;

• Research; and

• Workflow automation.

We may use third-party providers to support these functions.

We do not intentionally submit protected health information or sensitive patient information to generative artificial-intelligence systems unless:

• The processing is authorized by the applicable customer;

• An appropriate agreement is in place;

• The provider and configuration are appropriate for the information;

• The processing is legally permitted; and

• Any required safeguards have been implemented.

Automated tools may assist Captiva personnel, but important business decisions may also involve human review.

14. Data Retention

We retain personal information only for as long as reasonably necessary for the purposes described in this Privacy Policy, including to:

• Provide services;

• Maintain customer and business records;

• Manage appointments and leads;

• Complete projects;

• Maintain security;

• Resolve disputes;

• Enforce agreements;

• Meet legal, accounting, tax, and regulatory obligations; and

• Establish or defend legal claims.

Retention periods vary based on:

• The nature and sensitivity of the information;

• The purpose for which it was collected;

• The duration of the customer relationship;

• Contractual requirements;

• Security needs;

• Applicable limitation periods; and

• Legal obligations.

When information is no longer reasonably necessary, we may delete, deidentify, or aggregate it, subject to legal and operational requirements.

Backup copies may remain for a limited period before being overwritten or deleted.

15. Data Security

Captiva uses administrative, technical, and organizational measures designed to protect personal information against unauthorized access, loss, misuse, alteration, or disclosure.

These measures may include:

• Access controls;

• Authentication;

• Encryption where appropriate;

• Secure service providers;

• Monitoring;

• Backups;

• Employee and contractor confidentiality obligations; and

• Security procedures proportionate to the nature of the information.

No transmission or storage system is completely secure. We cannot guarantee that information will never be accessed, used, or disclosed without authorization.

You are responsible for maintaining the confidentiality of your credentials and notifying Captiva promptly of suspected unauthorized access.

16. Your Privacy Choices

Depending on your relationship with Captiva and the law where you live, you may have choices regarding personal information.

Marketing Communications

You may unsubscribe from marketing emails using the link included in the email or by contacting us.

Cookies

You may adjust your browser settings to block or delete cookies. Blocking cookies may affect website operation.

Advertising Choices

You may adjust advertising preferences through the applicable advertising platform. You may also submit an opt-out request to Captiva where applicable.

Updating Information

You may contact us to update or correct your contact or account information.

Withdrawing Consent

Where processing is based on consent, you may withdraw consent, subject to legal and contractual limitations. Withdrawal does not affect processing that occurred before the withdrawal.

17. U.S. State Privacy Rights

Depending on where you live and whether an applicable state privacy law covers Captiva, you may have the right to:

• Confirm whether we process your personal information;

• Access personal information;

• Correct inaccurate personal information;

• Delete personal information;

• Obtain a portable copy of personal information;

• Opt out of the sale of personal information;

• Opt out of sharing for cross-context behavioral advertising;

• Opt out of targeted advertising;

• Opt out of certain profiling;

• Limit certain uses or disclosures of sensitive personal information;

• Withdraw consent;

• Appeal the denial of a privacy request; and

• Receive equal service without unlawful discrimination for exercising a privacy right.

These rights are subject to limitations, exemptions, exceptions, and verification requirements.

Submitting a Request

You may submit a privacy request by emailing:

info@captiva.ai

Include:

• Your full name;

• The email address associated with your interaction with Captiva;

• The state in which you reside;

• The right you wish to exercise; and

• Enough information for us to understand and verify the request.

We may request additional information to verify your identity and protect against fraudulent requests. We will use verification information only for verification, security, fraud prevention, and legal compliance.

Where permitted by law, you may use an authorized agent. We may require evidence that the agent is authorized and may verify your identity directly.

We will respond within the timeframe required by applicable law. Where permitted, we may extend the response period and will notify you of the extension.

Appeals

Where applicable law provides a right to appeal, you may appeal a denied request by emailing info@captiva.ai with the subject line Privacy Appeal and explaining why you believe the decision should be reconsidered.

18. California Privacy Notice

This section supplements the rest of this Privacy Policy for California residents where the California Consumer Privacy Act applies.

During the preceding 12 months, Captiva may have collected the following categories of personal information:

1. Identifiers, including names, email addresses, telephone numbers, IP addresses, device identifiers, and online identifiers;

2. Customer-record information, including contact and business information;

3. Commercial information, including services considered, requested, or purchased;

4. Internet or electronic-network activity, including browsing, website interaction, advertising, and device information;

5. Approximate geolocation information, such as location inferred from an IP address;

6. Audio, electronic, or similar information, such as communications or meeting recordings when notice or consent is provided;

7. Professional or employment-related information, including job title, specialty, role, practice, and business information;

8. Inferences, such as likely interests, qualification for an offer, or marketing preferences; and

9. Sensitive personal information, only if voluntarily submitted or required for a specific authorized service. Captiva does not use or disclose sensitive personal information for purposes requiring a right to limit unless otherwise disclosed.

We collect these categories from the sources described in this Privacy Policy and use them for the business and commercial purposes described above.

We may disclose these categories to:

• Service providers and contractors;

• Advertising and analytics partners;

• Customers;

• Business partners;

• Professional advisers;

• Government authorities; and

• Parties involved in a corporate transaction.

Captiva does not sell personal information for money. Certain disclosures involving online advertising may be considered “sharing” or “selling” under California law.

California residents may have rights to know, access, correct, delete, and obtain information about the collection and disclosure of their personal information, and to opt out of sale or sharing.

Captiva does not offer financial incentives in exchange for personal information unless a separate notice describing the material terms is provided.

Captiva will not unlawfully discriminate against a person for exercising an applicable privacy right.

19. Information About Children

Captiva’s website and services are intended for businesses and adults. They are not directed to children under 13, and we do not knowingly collect personal information from children under 13 through our public website or advertising forms.

If you believe a child has submitted personal information to Captiva, contact privacy@captiva.ai. We will review the request and take appropriate action.

20. International Visitors

Captiva is based in the United States. If you access our website or services from outside the United States, your information may be transferred to, stored in, and processed in the United States or another country where Captiva or our providers operate.

Privacy laws in those countries may differ from the laws in your jurisdiction. Where required, we will use an appropriate legal mechanism for international data transfers.

21. Third-Party Websites and Services

Captiva’s website, advertisements, communications, and services may link to third-party websites or services.

Captiva does not control the privacy, security, or content practices of third parties. This Privacy Policy does not apply to information collected independently by a third party.

You should review the applicable third party’s privacy policy before providing information.

22. Changes to This Privacy Policy

We may update this Privacy Policy periodically to reflect changes in our services, technology, business practices, or legal obligations.

When we update it, we will change the “Last Updated” date at the top. Where required, we will provide additional notice or obtain consent.

Your continued interaction with Captiva after an updated policy becomes effective is subject to the updated policy, to the extent permitted by law.