COMPANY
Privacy Policy
Effective Date: May 31st, 2019
Tonkean Inc. (“Tonkean“, “we“, “our” or “us“) develops and provides smart management tool designed to automate human-led, operational processes that move across digital platforms (the “Product”).
Our Product, our website (available at www.tonkean.com, the “Site”) and cloud-based web application (the “App”; and together with the Site and Product – the “Services“), allow organizations and companies (each, our “Customer“) and their personnel (each, a “User”) to integrate their digital platform experience.
We respect the privacy of our Site visitors (“Visitors”), Users and Customers (collectively, “you”), and are strongly committed to making our practices regarding their personal data transparent and fair. This Privacy Policy describes how we collect, store, use and disclose such personal data, our roles as “Data Controller” and “Data Processor” of such data (as well as any other personal data we might process on our Customers’ behalf). It applies whenever you visit our Services, interact with us or otherwise access or use any of our Services.
Specifically, this Privacy Policy describes our practices regarding:
2. Data Uses
3. Data Location and Retention
4. Data Sharing
5. Cookies and Tracking Technologies
Please read this Privacy Policy carefully and make sure that you fully understand and agree to it. If you do not agree to this Privacy Policy, please discontinue and avoid using our Services.
You are not legally required to provide us with any Personal Data (defined below), but without it we will not be able to provide you with the full range of Services or with the best user experience when using our Services.
1. Data Collection
We collect Personal Data regarding our Visitors, Users and Customers. We may also collect Personal Data of other individuals, on our Customers’ behalf as they and their Users use our Services. Such data is typically collected and generated through the Visitor’s or User’s interaction with our Services, through automatic means, directly such Visitor or User, from our Customers, or from other third parties.
Specifically, we collect the following categories of data (which, to the extent it relates to an identified or identifiable individual, is deemed data, will be deemed as “Personal Data”):
1.1. Data Automatically Collected or Generated
When you visit, interact with or use our Services, we may collect or generate certain technical data about you. We collect or generate such data either independently or with the help of third-party services (as detailed in Section 4 below), including through the use of “cookies” and other tracking technologies (as further detailed in Section 5 below).
Such data mainly consists of connectivity, technical and aggregated usage data, such as IP addresses, non-identifying data regarding a device, operating system, browser version, locale and language settings, the cookies and pixels installed on such device, session logging, heatmaps and scrolls, screen resolution, ISP, referring or exit pages, and date/time stamps, and the activity (clicks, browsing and other interactions) of Visitors and Users in connection with our Services. We mainly use this type of data to gain a better understanding of how Visitors and Users typically use and interact with our Services; to improve their user experience; to optimize our marketing campaigns and ad management; and to optimize the overall performance of our Services.
1.2. Data Received from You
You may provide us with Personal Data such as your name, workplace and position, contact details (such as e-mail, phone and address), and account login credentials (usernames and hashed passwords) (collectively, “Account Data“), as well as any other data you choose to provide when you use our Services, create a user account or contact us.
You may provide us additional Account Data such as billing details, a profile photo, business needs and preferences. To the extent that such data concerns a non-human entity (e.g. the bank account of a company or business), we will not regard it as “Personal Data” and this Privacy Policy shall not apply to it.
1.3. Referred Data Received from Customers and Users
Customers and Users may also provide us with data concerning their colleagues or employees, in order to enroll them as Users to our Services. Such data usually refers to such Users’ first names/nicknames and work e-mails, however additional data may be provided at the Customer’s or other User’s discretion.
Additionally, Customers and Users may provide us with data concerning other individuals, as they integrate their third-party tools via our Services, where such integration includes sharing such data with us (“Integration Data”). Such sharing of Integration Data with us is solely determined by the Customer and User setting up the integration (and using it to share Integration Data with us), and we will only process this data on such Customer’s behalf.
1.4. Data Received from Third Parties
We may receive your Personal Data from other sources. For example, if you participate in an event or webinar that we sponsor or participate in, we may receive your Personal Data from the event organizers. We may also receive your contact and professional details (e.g., your name, company, position, contact details and professional experience, preferences and interests) from business partners or services provides, and through the use of tools and channels commonly used to connect between companies and individuals in order to explore potential business and employment opportunities, such as LinkedIn.
We use Personal Data as necessary for the performance of our Services; to comply with applicable law; and to support our legitimate interests in maintaining and improving our Services and sales offerings, understanding how our Services are used, optimizing our marketing and advertising services, customer service and support operations, and protecting and securing our Visitors, Users, Customers, ourselves and our Services.
Specifically, we use Personal Data for the following purposes:
1. To facilitate, operate, and provide our Services;
2. To authenticate the identity of our Users, and to allow them access to our Services;
3. To provide our Visitors, Users and Customers with assistance and support;
4. To further develop, customize and improve the Services and your user experience, based on common or personal preferences, experiences and difficulties;
5. To contact our Visitors, Users and Customers with general or personalized messages and communications, as further described under Section 6 below; and to facilitate, sponsor and offer certain events and promotions;
6. To analyze and index information from other systems and tools you use in order to visualize and provide alerts on anomalies;
7. To support and enhance our data security measures, including for the purposes of preventing and mitigating the risks of fraud, error or any illegal or prohibited activity;
8. To create aggregated statistical data, inferred non-personal data or anonymized or pseudonymized data (rendered non-personal), which we or our business partners may use to provide and improve our respective services; and
9. To comply with any applicable laws and regulations.
3. Data Location and Retention
Data Location: Your Personal Data may be maintained, processed and stored by our authorized affiliates and Service Providers (defined below) in the United States of America (U.S.), the State of Israel and other jurisdictions, as necessary for the proper delivery of our Services, or as may be required by law.
Tonkean is headquartered in the United States, and is in the process of self-certifying with the EU-US and Swiss-US Privacy Shield Framework, thereby offering an adequate level of protection for the Personal Data of EU Member State residents.
Furthermore, Israel is a jurisdiction which is considered by the European Commission to be offering an adequate level of protection for the Personal Data of EU Member State residents.
While privacy laws may vary between jurisdictions, Tonkean and its affiliates and Service Providers are each committed to protect Personal Data in accordance with this Privacy Policy and customary industry standards, regardless of any lesser legal requirements that may apply in their jurisdiction.
Data Retention: We retain Users’ Personal Data in accordance with the instructions of their organization (our Customer), or for as long as their account is active, and we have not been notified otherwise, or as long as we consider necessary for the purposes described herein.
We retain Visitors’ Personal Data for as long as reasonably necessary in order to maintain and expand our relationship with them and to provide them with our Services.
We will also retain your Personal Data for as long as is required in order to comply with our legal and contractual obligations, or to protect ourselves from any potential disputes (i.e. as required by laws applicable to log-keeping, records and bookkeeping, and to have proof and evidence concerning our relationship, should any legal issues arise following your discontinuance of use), in accordance with our data retention policy.
Please note that except as required by applicable law, we will not be obligated to retain your Personal Data for any particular period, and we are free to securely delete it for any reason and at any time, with or without notice to you. If you have any questions about our data retention policy, please contact us by email at privacy@tonkean.com.
Legal Compliance: We may disclose or allow government and law enforcement officials access to your Personal Data, in response to a subpoena, search warrant or court order (or similar requirement), or in compliance with applicable laws and regulations. Such disclosure or access may occur if we believe in good faith that we are legally compelled to do so, or that it is appropriate in connection with efforts to investigate, prevent, or take action regarding actual or suspected illegal activity, fraud, or other wrongdoing.
Service Providers: We may engage selected third party companies and individuals to perform services complementary to our own, namely – hosting, data analytics, marketing and advertising, data and cyber security, payment processing, user engagement, e-mail distribution and monitoring, text messaging and session recording; as well as our business, legal and financial advisors (collectively, “Service Providers“). These Service Providers may have access to your Personal Data, depending on each of their specific roles and purposes in facilitating and enhancing our Services, and may only use it for such purposes.
Sharing Personal Data with our Customers: We may share the Personal Data of Users, as well as Integration Data, with their Customer organization (including data and communications in relation to their Services’ User account). In such cases, sharing such Personal Data and Integration Data means that other individuals from your organization may receive it on its behalf, and will be able to monitor, process and analyze your Personal Data, Integration Data and associated content. Please note that Tonkean is not responsible for and does not control any further disclosure, use or monitoring by or on behalf of your organization, that itself acts as the “Data Controller” of such data (as further described in Section 10 below).
Protecting Rights and Safety: We may share your Personal Data with others if we believe in good faith that this will help protect the rights, property or personal safety of Tonkean, any of our Users or Customers, or any members of the general public.
Tonkean Subsidiaries and Affiliated Companies: We may share Personal Data internally within Tonkean’s group of subsidiaries and affiliates for the purposes described in this Privacy Policy. In addition, should Tonkean or any of its subsidiaries or affiliates undergo any change in control, including by means of merger, acquisition or purchase of substantially all of its assets, your Personal Data may be shared with the parties involved in such event. If we believe that such change in control might materially affect your Personal Data then stored with us, we will notify you of this event and the choices you may have via e-mail or prominent notice on our Services.
For the avoidance of doubt, Tonkean may share your Personal Data in additional manners, such as pursuant to your explicit approval, if we are legally obligated to do so, or if we have successfully rendered such data non-personal and anonymous. We may transfer, share or otherwise use non-personal data at our sole discretion and without the need for further approval.
5. Cookies and Tracking Technologies
Our Services and some of our Service Providers utilize “cookies”, anonymous identifiers and other tracking technologies which help us provide, secure and improve our Services, personalize your experience and monitor the performance of our activities and campaigns.
A cookie is a small text file that is placed, for example, to collect data about activity on our Site. Some cookies and other similar technologies serve to recall Personal Data, such as an IP address, that was previously indicated by the User.
A list of the cookies we use can be found in the Cookie Policy on our website.
While we do not change our practices in response to a “Do Not Track” signal in the HTTP header from a browser and recommend the use of cookies for an optimal user experience of our Services, most browsers allow you to control cookies, including whether to accept them or to remove them. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser.
Service Communications: We may contact you with important information regarding our Services. For example, we may notify you (through any of the means available to us) of changes or updates to our Services, billing issues, service changes, password-retrieval notices, etc. We, or our Customers (your organization), may also send you notifications, messages and other updates. Typically, you will not be able to opt-out of receiving such service communications while using our Services, as they are integral to such use.
Notifications and Promotional Communications: We may also contact you, through email or via the Intercom app, with promotional messages (such as newsletters, special offers and sales, new product announcements, etc.) or any other information we think our Customers will find valuable; and to facilitate, sponsor and offer certain events and promotions. We may provide such notices through any of the contact means available to us (e.g. phone or e-mail), through the Services, or through our marketing campaigns on any other sites.
If you do not wish to receive such promotional communications, you may notify Tonkean at any time by sending an email to privacy@tonkean.com, changing your communications preferences in your account, or by following the “unsubscribe” instructions contained in the promotional communications you receive.
In order to protect your Personal Data held with us and our Service Providers, and on our networks, we use industry-standard physical, procedural, and electronic security measures, including encryption as appropriate. However, please be aware that regardless of any security measures used, we cannot and do not guarantee the absolute protection and security of any Personal Data stored with us or with any third parties as described in Section 4 above.
If you wish to exercise your rights under any applicable law, including the EU General Data Protection Regulation (GDPR), to request access to, and rectification or erasure of your Personal Data held with Tonkean, or to restrict or object to such Personal Data’s processing, or to port such Personal Data – please contact us by email at privacy@tonkean.com. Moreover, you may correct, update or remove Personal Data and/or deactivate your account by logging into your Tonkean account or accessing any other website, connected to Tonkean, where you have provided such data.
If you would like to make any requests or queries regarding Personal Data which we process on your organization’s (our Customer’s) behalf, please contact your organizational administrator directly.
Please note that once you contact us by e-mail regarding your Data Subject rights, we may require additional information and documents, including certain Personal Data, in order to authenticate and validate your identity and to process your request. Such additional data will be then retained by us for legal purposes (e.g. as proof of the identity of the person submitting the request), in accordance with Section 3 above.
Our Services are not designed to attract children under the age of 16. We do not knowingly collect Personal Data from children and do not wish to do so. If we learn that a person under the age of 16 is using the Services, we will prohibit and block such use and will make all efforts to promptly delete any Personal Data stored with us with regard to such child. If you believe that we might have any such data, please contact us by email at privacy@tonkean.com.
Certain data protection laws and regulations, such as the GDPR, typically distinguish between two main roles for parties processing Personal Data: the “Data Controller”, who determines the purposes and means of processing; and the “Data Processor”, who processes the data on behalf of the Data Controller. Below we explain how these roles apply to our Services, to the extent that such laws and regulations apply.
Tonkean is the “Data Controller” of its Visitors, Customers and prospective Users’ Personal Data, and with respect to which, assumes the responsibilities of Data Controller (solely to the extent applicable under law), as set forth in this Privacy Policy. Tonkean furthermore acts as Data Controller with regard to Account Data as submitted within the creation of a User’s profile or User account.
A User’s submitted content, Integration Data and further information submitted by them shall be processed by Tonkean on behalf of their organization (our Customer) and may be shared with individuals within their organization (such as admins) in accordance with this Privacy Policy. Such Customer shall be deemed the “Data Controller” of its Users’ Personal Data and Integration Data, and Tonkean will process such data on this Customer’s behalf, as its “Data Processor”. As “Data Processor”, Tonkean processes such Users’ Personal Data and Integration Data on behalf of our Customer and in accordance with their reasonable instructions, subject to our Terms of Service and other commercial agreements. The Customer will be responsible for meeting any legal requirements applicable to Data Controllers (such as establishing a legal basis for processing and responding to Data Subject Rights requests concerning the data they control).
If you would like to make any requests or queries regarding Personal Data (see Section 8) we process on your organization’s (our Customer’s) behalf, please contact your organizational administrator directly.
Updates and Amendments: We may update and amend this Privacy Policy from time to time by posting an amended version on our Services. The amended version will be effective as of the date it is so published. We will provide a 10-day prior notice if we believe any substantial changes are involved via any of the communication means available to us or via the Services. After such notice period, all amendments shall be deemed accepted by you.
External Links: While our Services may contain links to other websites or services, we are not responsible for their privacy practices, and encourage you to pay attention when you leave our Services for the website or application of such third parties and to read the privacy policies of each and every website or service you visit. This Privacy Policy applies only to our Services.
Questions, Concerns or Complaints: If you have any comments or questions about this Policy or if you have any concerns regarding your Personal Data, please contact us by email by sending us a message to privacy@tonkean.com. Tonkean’s appointed Data Protection Officer may also be reached by email at dpo@tonkean.com.
GDPR-Rep.eu has been designated as Tonkean’s representative in the European Union for data protection matters pursuant to Article 27 of the GDPR. GDPR-Rep.eu may be contacted only on matters related to the processing of Personal Data. To make such an inquiry, please send an email to privacy@tonkean.com. If you are a GDPR-protected individual, you also have the right to lodge a complaint with an EU supervisory authority.
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