MTCaptcha - Client Services Privacy Policy

Effective date: September 1, 2024

Welcome to MTCaptcha ("MTCaptcha", "us", "we", or "our"). The MTCaptcha Client Services ("Client Services") is to help our customers (website and service operators) better protect their websites and services against undesired automation access and attacks and improve service security and attack or breach detection.

Note: There is a separate Catpcha Plugin Privacy Policy for end users that interact with the MTCaptcha Captcha Plugin widget, that privacy policy is also made available to users via the captcha plugin itself. This Client Service Privacy Policy applies to registered users of MTCaptcha Admin Portal ( https://admin.mtcaptcha.com/) and visitors of MTCaptcha public website ( https://www.mtcaptcha.com/).

This page informs you of our policies regarding the collection, use and disclosure of personal data when you use our Client Services and the choices you have associated with that data.

We use your data to provide and improve the Client Services. By using the Client Services, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible from https://www.mtcaptcha.com

DEFINITIONS

  • Client Services
  • Client Services are the websites https://www.mtcaptcha.com, https://admin.mtcaptcha.com and services and capabilities provided therein to our registered customers
  • Personal Data
  • Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
  • Usage Data
  • Usage Data is data collected automatically either generated by the use of the Client Services or from the Client Services infrastructure itself (for example, the duration of a page visit).
  • Cookies
  • Cookies are small files stored on your device (computer or mobile device).
  • Data Controller
  • Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.
  • For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.
  • Data Processors (or Service Providers)
  • Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.
  • We may use the services of various Service Providers in order to process your data more effectively.
  • Data Subject (or User)
  • Data Subject is any living individual who is using our Client Services and is the subject of Personal Data.

Data Privacy Framework

‍Sun Spray Technology LLC dba MTCaptcha ("MTCaptcha") complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce.  MTCaptcha has been certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF.  MTCaptcha has been certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF.  If there is any conflict between the terms in this privacy notice and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern.  To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

Scope:
MTCaptcha adheres to the EU-U.S. DPF Principles with respect to personal data of individuals in the European Economic Area member states, the United Kingdom (and Gibraltar) and to the Swiss-U.S. DPF Principles with respect to the personal data of individuals in Switzerland ("Covered Individuals") processed by Sun Spray Technology LLC DBA MTCaptcha as part of providing our Services ("Personal Data").

Data processed:
MTCaptcha provides cloud security services that may be included in other websites and apps. In providing these services, MTCaptcha seeks to minimize collection and retention of data, and maintains no long-term data about End Users of MTCaptcha services, but may process the following Personal Data of Covered Individuals in the United States:
Communications metadata (e.g. information on originating IP address (anonymized while storing) or other identifier, date and time of interaction);
Contact information for our customers and their employees with access to the Services, and similar registered user data; and
Service support email information (contact detail for individuals initiating the support request and any other personal data shared as part of the support request).

Purposes for which data is used:
MTCaptcha may use Personal Data for providing, managing, supporting, deploying, enhancing, or improving our services, as otherwise instructed by the MTCaptcha customer or other data controller who transmitted, received, or stored the data, or in accordance with contractual requirements. MTCaptcha may also use Personal Data for other purposes for which the customer or other data controller has obtained the relevant Covered Individual’s consent.

Inquiries and complaints:
If you are a Covered Individual and believe that MTCaptcha maintains your Personal Data within the scope of our EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, or Swiss-U.S. DPF certifications, you may submit any privacy or data use concerns concerning such data by emailing support@mtcaptcha.com or by mail to: Sun Spray Technologies LLC ‍2254 Mora Pl #202 Mountain View, CA 94040, USA Attention: Privacy
MTCaptcha will respond within 45 days of receiving the communication. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://www.jamsadr.com/DPF-Dispute-Resolution
If neither MTCaptcha nor our U.S.-based third party dispute resolution provider resolves your complaint, you may have the possibility to engage in binding arbitration as provided under the Data Privacy Framework Program (See Data Privacy Framework website).

Third parties who may receive Personal Data:
MTCaptcha may disclose Personal Data to its affiliates, as well as to a limited number of third-party business partners, service providers, vendors, suppliers and other contractors (collectively, "Service Providers") for the purpose of assisting us in providing, managing, deploying, enhancing, or improving our services. MTCaptcha maintains contracts with these MTCaptcha affiliates and Service Providers restricting their access, use and disclosure of Personal Data in compliance with our Data Privacy Framework obligations, and MTCaptcha may be liable if such parties fail to meet those obligations and we are responsible for the event giving rise to the damage. We also may share or disclose Personal Data to the extent that the customer or other data controller has obtained the relevant Covered Individual's consent.

Your rights to access, to limit use, and to limit disclosure:
Covered Individuals have rights to access their stored Personal Data and to limit its use and disclosure. With our Data Privacy Framework certification, MTCaptcha has committed to respect those rights. If you are an Covered Individual and you wish to request access to or to limit use or disclosure of your Personal Data, please contact us by email to support@mtcaptcha.com or by mail to: Sun Spray Technologies LLC ‍2254 Mora Pl #202 Mountain View, CA 94040, USA Attention: Privacy


U.S. Federal Trade Commission enforcement:
MTCaptcha’s commitments under the Data Privacy Framework are subject to the investigatory and enforcement powers of the United States Federal Trade Commission or the applicable United States authorized statutory body.

Compelled disclosure:
MTCaptcha may be required to disclose Personal Data in response to lawful requests by public authorities, or administrative or judicial processes, including to meet national security or law enforcement requirements.

INFORMATION COLLECTION AND USE

We collect several different types of information for various purposes to provide and improve our Client Services to you.

TYPES OF DATA COLLECTED

Personal Data

While using our Client Services, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:

  • Email address
  • First name and last name
  • Phone number
  • Cookies and Usage Data

We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.

Usage Data

We may also collect information on how the Client Services are accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Client Services that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

Tracking & Cookies Data

We use cookies and similar tracking technologies to track the activity on our Client Services and we hold certain information.

Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyse our Client Services.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

  • Session Cookies. We use Session Cookies to operate our Client Services.
  • Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
  • Security Cookies. We use Security Cookies for security purposes.

USE OF DATA

MTCaptcha uses the collected data for various purposes:

  • To provide and maintain our Client Services
  • To notify you about changes to our Client Services
  • To allow you to participate in interactive features of our Client Services when you choose to do so
  • To provide customer support
  • To gather analysis or valuable information so that we can improve our Client Services
  • To monitor the usage of our Client Services
  • To detect, prevent and address technical issues
  • To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information

LEGAL BASIS FOR PROCESSING PERSONAL DATA UNDER THE GENERAL DATA PROTECTION REGULATION (GDPR)

If you are from the European Economic Area (EEA), MTCaptcha legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.

MTCaptcha may process your Personal Data because:

  • We need to perform a contract with you
  • You have given us permission to do so
  • The processing is in our legitimate interests and it is not overridden by your rights
  • For payment processing purposes
  • To comply with the law

RETENTION OF DATA

MTCaptcha will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.

MTCaptcha will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer periods.

TRANSFER OF DATA

Your information, including Personal Data, may be transferred to - and maintained on - computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.

If you are located outside Ireland or European Union and choose to provide information to us, please note that we transfer the data, including Personal Data, to Ireland and European Union and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

MTCaptcha will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organisation or a country unless there are adequate controls in place including the security of your data and other personal information.

DISCLOSURE OF DATA

BUSINESS TRANSACTION

If MTCaptcha is involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.

DISCLOSURE FOR LAW ENFORCEMENT

Under certain circumstances, MTCaptcha may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

LEGAL REQUIREMENTS

MTCaptcha may disclose your Personal Data in the good faith belief that such action is necessary to:

  • To comply with a legal obligation
  • To protect and defend the rights or property of MTCaptcha
  • To prevent or investigate possible wrongdoing in connection with the Client Services
  • To protect the personal safety of users of the Client Services or the public
  • To protect against legal liability

MTCaptcha will not use the collected data for:

  • Reselling of data for profit
  • Reselling of Client Website usage data or usage analytics

SECURITY OF DATA

The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

OUR POLICY ON "DO NOT TRACK" SIGNALS UNDER THE CALIFORNIA ONLINE PROTECTION ACT (CALOPPA)

We do not support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.

You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

YOUR DATA PROTECTION RIGHTS UNDER THE GENERAL DATA PROTECTION REGULATION (GDPR)

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. MTCaptcha aims to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Data.

If you wish to be informed about what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the following data protection rights:

  • The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
  • The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
  • The right to object. You have the right to object to our processing of your Personal Data.
  • The right of restriction. You have the right to request that we restrict the processing of your personal information.
  • The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
  • The right to withdraw consent. You also have the right to withdraw your consent at any time where MTCaptcha relied on your consent to process your personal information.

Please note that we may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

SERVICE PROVIDERS

We may employ third party companies and individuals to facilitate our Client Services ("Service Providers"), provide the Service on our behalf, perform Service-related services or assist us in analysing how our Client Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

ANALYTICS

We may use third-party Service Providers to monitor and analyse the use of our Client Services.

  • Google Analytics
  • Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.
  • You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity.
  • For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en

BEHAVIORAL REMARKETING

MTCaptcha may use remarketing services to advertise on third party websites to you after you visited our Client Services. We and our third-party vendors use cookies to inform, optimise and serve ads based on your past visits to our Service.

PAYMENTS

We may provide paid products and/or services within the Client Service. In that case, we use third-party services for payment processing (e.g. payment processors).

We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

The payment processors we work with are:

LINKS TO OTHER SITES

Our Client Services may contain links to other sites that are not operated by us. If you click a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

CHILDREN'S PRIVACY

Our Client Services does not address anyone under the age of 18 ("Children").

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

CHANGES TO THIS PRIVACY POLICY

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Client Services, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

CONTACT US

If you have any questions about this Privacy Policy, please contact us: