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.