- User Data concerning our Customers’ internal focal persons who directly engage with Tonkean concerning their organizational account, and users of the Platform on behalf of such Customers, e.g., the account administrators and users, billing contacts and authorized signatories on behalf of the Customer (collectively, “Users”); as well as the Customer’s business needs and preferences, as identified to us or recognized through our engagement with them;
- Prospect Data data relating to visitors of our website (www.tonkean.com), participants at our events, and any other prospective customer, user or partner (collectively, “Prospects”) who visits or otherwise interacts with our website, online ads and content, emails, integrations or communications under our control (the “Sites”, and collectively with the Platform, the “Services”).
- Data Collection & Processing
- Data Uses
- Data Location
- Data Retention
- Data Disclosure
- Cookies and Data Collection Technologies
- Data Security
- Data Subject Rights
- Data Controller/Processor
- Additional Notices & Contact Details
You are not legally required to provide us with any personal data. If you do not wish to provide us with your personal data, or to have it processed by us or any of our Service Providers (as defined below), please do not provide it to us and avoid any interaction with us or with our Sites, or use our Services.
1. Data Collection & Processing
Sometimes we collect personal data automatically when an individual interacts with our Services and sometimes, we collect personal data directly from an individual. At times, we may collect personal data about an individual from other sources and third parties (such as our Customers and Service Providers), even before our first direct interaction. Specifically, we collect the following types of Personal data:
- Usage, login credentials, and device information concerning our Users and Prospects (connectivity, technical and aggregated usage data, such as user agent, IP addresses and approximate location based upon such IP addresses, device data (like type, OS, device id, browser version, locale and language settings used), activity logs, session recordings, log-in credentials to the Services, the cookies and pixels installed or utilized on their device, and inferred or presumed data on generated from their use of the Services);
- Information concerning our Customers, Users, and Prospects (contact and business details such as name, email, phone number, position, profile picture (of Users of the Platform), workplace and related business insights, our communications with such individuals (correspondences, sensory information including call and video recordings, and transcriptions and analyses thereof), feedback and testimonials received, contractual and billing details, as well as any expressed, presumed or identified needs, preferences, attributes and insights relevant to our potential or existing engagement). Personal data about Users may also be provided to us by the User’s colleagues or other Users from the same organization such as the administrator when they enroll you as a User.
- Personal data contained in Customer Data which is provided by our Customers or processed on their behalf and under their instruction, which may also include any of the types of personal data described above (with respect to Users or other individuals whose data is contained in the Customer Data), in accordance with our Data Processing Addendum with them.
2. Data Uses
We use personal data as necessary for the performance of our Services (“Performance of Contract”); to comply with our legal and contractual obligations (“Legal Obligation”); and to support our legitimate interests in maintaining and improving our Services, e.g., in understanding how our Services are used, how our campaigns are performing, and gaining insights which help us dedicate our resources and efforts more efficiently; in marketing, advertising, and selling our Services, providing customer service and support operations, and protecting and securing our Visitors, Users, Customers, ourselves and our Services (“Legitimate Interests”).
Specifically, we use the following personal data for the following purposes (and under the legal bases noted in each paragraph):
Customer and User Personal Data
- To facilitate, operate, enhance and provide our Services (Performance of Contract; Legitimate Interests);
- To provide assistance and support, to test and monitor the Services, or diagnose or fix technology problems, and train our Customers’ staff on how to use the Services (Performance of Contract; Legitimate Interests);
- To personalize our Services, including by recognizing an individual and remembering their information when they return to our Services, and to provide further localization and personalization capabilities (Performance of Contract; Legitimate Interests);
- To facilitate and optimize our marketing campaigns, ad management, and sales operations, and to manage and deliver advertisements for our products and services more effectively, including on other websites and applications. Such activities allow us to highlight the benefits of using our Services and thereby increase your engagement and overall satisfaction with our Services. This includes contextual, behavioral, and interest-based advertising based on your activity, preferences or other data available to us or to our business partners (Legitimate Interests; Consent); and
- To facilitate, sponsor and offer certain events, contests, and promotions (Legitimate Interests).
Customer, User and Prospect Personal Data
- To gain a better understanding of how individuals use and interact with our Services, which content and data they have processed through our Services, and how we could improve their and others’ user experience and the value they can generate from using the Services, so we could continue improving our products, offerings and the overall performance of our Services (Legitimate Interests);
- To contact our Users, Visitors and Prospects with general or personalized service-related messages, as well as promotional messages that may be of specific interest to them (Performance of Contract; Legitimate Interests; Consent);
- To support and enhance our data security measures, including for the purposes of preventing and mitigating the risks of fraud, error, or any illegal, criminal or prohibited activity (Performance of Contract; Legitimate Interests; Legal Obligation);
- To create aggregated statistical data, inferred non-personal data, or anonymized or pseudonymized data (rendered non-personal and non-identifiable), which our business partners or we may use to provide and improve our respective Services, or for any other purpose (Legitimate Interests);
- To enforce our Terms of Service, to resolve disputes, to carry out our obligations and enforce our rights, and to protect our business interests and the interests and rights of third parties (Legitimate Interests);
- For any other lawful purpose or other purposes that you consent to (Legal Obligation; Consent).
Please note that we do not sell your personal information for the intents and purposes of the California Consumer Privacy Act (CCPA).
3. Data Location
We and our authorized Service Providers (defined below) maintain, store and process personal data in the United States of America, Europe, Israel and other locations, as reasonably necessary for the proper performance and delivery of our Services, or as may be required by law.
Tonkean is headquartered in the United States and Israel, a jurisdiction which is considered by the European Commission, the Swiss Federal Data Protection and Information Commissioner (FDPIC), and the UK Secretary of State to be offering an adequate level of protection for the personal data of residents of the EEA, Switzerland and the UK, respectively. We transfer personal data from the EEA, Switzerland and the UK to Israel on this basis. For data transfers from the EEA, Switzerland or the UK to countries which are not considered to be offering an adequate level of data protection, we and the relevant data exporters and importers have entered into Standard Contractual Clauses as approved by the European Commission, FDPIC and UK Information Commissioner’s Office (ICO). You can obtain a copy by contacting us as indicated in Section 11 below.
4. Data Retention
We retain personal data for as long as reasonably necessary for us to maintain and expand our relationship and provide you with our Services and offerings; 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), all in accordance with our contractual terms and data retention policy.
Please note that except as required by applicable law or our specific agreements with you, we will not be obligated to retain your personal data for any particular period, and we are free to securely delete it or restrict access to 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 firstname.lastname@example.org.
5. Data Disclosure
Service Providers: We may engage selected third-party companies and individuals to perform services on our behalf or complementary to our own. Such service providers include hosting and server co-location services, communications and content delivery networks (CDNs), data security services, billing and payment processing services, fraud detection and prevention services, web and product analytics, e-mail distribution and monitoring services, session or activity recording services, remote access services, performance measurement, data optimization and marketing services, social and advertising networks, content and data enrichment providers, event production and hosting services, e-mail, voicemails, support, enablement and customer relation management systems, and our legal, financial and compliance advisors (collectively, “Service Providers“). Our Service Providers may have access to personal information, depending on each of their specific roles and purposes in facilitating and enhancing our Services, and may only use the data as determined in our agreements with them.
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: (a) we are legally compelled to do so; (b) disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding actual or suspected illegal activity, fraud, or other wrongdoing; or (c) such disclosure is required to protect our legitimate business interests, including the security or integrity of our products and services.
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.
Business Customer: Our Customers have access to any personal data we process on their behalf in our capacity as a “processor” or a “service provider.”
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.
6. Cookies and Data Collection Technologies
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 or Visitor.
We and our Service Providers utilize cookies, anonymous identifiers and other data collection technologies for performance, tracking, analytics, and personalization purposes, which help us provide, secure and improve our Services, personalize your experience and monitor the performance of our activities and campaigns. We may share non-identifiable/aggregated extracts of such information with our partners for our legitimate interests.
We also use web analytics tools such as Google Analytics and Mixpanel. These tools help us understand Users’ behavior on our Services, including by tracking page content, and click/touch, movements, scrolls and keystroke activities. Further information about the privacy practices of our analytics service providers is available at: www.google.com/policies/privacy/partners/ and https://mixpanel.com/terms/. Further information about your option to opt-out of these analytics services is available at: https://tools.google.com/dlpage/gaoptout and https://mixpanel.com/optout.
Please note that if you get a new computer, install a new browser, erase or otherwise alter your browser’s cookie file (including upgrading certain browsers), you may also clear the opt-out cookies installed once you opt out, so an additional opt-out will be necessary to prevent additional tracking.
Service Communications: We may contact you with important information regarding our Services. For example, we may send you notifications (through any of the means available to us) of changes or updates to our Services, billing issues, log-in attempts or password reset notices, etc. If you are registered as a User to our Services, you can typically control your communications and notifications settings from your profile settings, or otherwise in accordance with the instructions included in the communications sent to you. Please note that you will not be able to opt out of receiving certain service communications which are integral to your use (like password resets or billing notices).
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 or platforms.
If you do not wish to receive such promotional communications, you may notify Tonkean at any time by sending an email to email@example.com, changing your communications preferences in your account, or by following the “unsubscribe” instructions contained in the promotional communications you receive.
8. Data Security
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, (such as access control, secure servers, firewalls, internal policies, encryption, database backup etc.). 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 our Service Providers, or any third parties that hold personal data about you on our behalf.
9. Data Subject Rights
Individuals have rights concerning their personal data. Please contact us by email at firstname.lastname@example.org If you wish to exercise your rights under any applicable law, including the EU or UK General Data Protection Regulation (GDPR or UK GDPR, respectively) or the California Consumer Privacy Act (CCPA), such as (to the extent applicable) – the right to know/request access to (specific pieces of personal data collected; categories of personal data collected; categories of sources from whom the personal data was collected; the purpose of collecting personal data; categories of third parties with whom we have shared personal data), to request rectification or erasure of your personal data held with Tonkean, or to restrict or object to such personal data’s processing (including the right to direct us not to sell your personal data to third parties now or in the future), or to port such personal data, or the right to equal services and prices (e.g., freedom from discrimination) (each to the extent available to you under the laws which apply to you). If you are a GDPR-protected individual, you also have the right to lodge a complaint with the relevant supervisory authority in the EU or the UK, as applicable.
If you would like to make any requests or queries regarding personal data which we process on your organization’s (our Customer’s) behalf (i.e., Customer Data), please contact your organizational administrator directly.
10. Data Controller/Processor
Certain data protection laws and regulations, such as the EU GDPR, UK GDPR or the CCPA, typically distinguish between two main roles for parties processing personal data: the “data controller” (or under the CCPA, “business”), who determines the purposes and means of processing; and the “data processor” (or under the CCPA, “service provider”), who processes the data on behalf of the data controller (or business, if the CCPA applies). Below we explain how these roles apply to our Services, to the extent that such laws and regulations apply.
Tonkean is the “data processor” of Customer Data. We process such data on behalf of our Customers and in accordance with their reasonable instructions, subject to our Terms of Service and the Data Processing Agreement with them.
Accordingly, our Customers are solely responsible for determining whether and how they wish to use our Services, and for ensuring that all individuals using the Services on the Customer’s behalf or at their request, as well as all individuals whose personal data may be included in Customer Data processed through the Services, have been provided with adequate notice and given informed consent to the processing of their personal data, where such consent is necessary or advised, and that all legal requirements applicable to the collection, recording, use or other processing of data through our Services are fully met by the Customer, including specifically in the context of an employment relationship. Our Customers are also responsible for handling data subject rights requests under applicable law, by their Users and other individuals whose data they process through the Services.
11. Additional Notices & Contact Details
Children Privacy: 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 email@example.com.
EU Representative: Dr. Andreas Mätzler of Prighter has been designated as Tonkean’s representative in the European Union for data protection matters pursuant to Article 27 of the GDPR. Inquiries regarding our EU privacy practices may be sent by e-mail to firstname.lastname@example.org or via mail. EU inquiries may be sent to: Prighter (Attn: Tonkean), Schellinggasse 3/10, Vienna 1010, Austria.
Last Updated: September 2022.