This Privacy Notice describes how Torii Labs Ltd. and its affiliated companies (collectively, “Torii”, “we”, “our” or “us”) collects, stores, uses, and discloses the following categories of personal data (defined below):
(i) Account User Data: personal data concerning our business customers’ (“Customer(s)”) designated employees or other individuals who are authorized to access Torii’s service (“Account Users”) for administrative or other purposes following the instructions of Customer, including technical data automatically collected or generated when an Account User interacts with our software (“Usage Data”) and personal data Account Users provide us when they are enrolled to Torii (“Account Data”);
(ii) Prospect Data: data relating to visitors to our website (www.toriihq.com), participants at our events, and any other prospective customer (collectively, “Prospect(s)”) who visits or otherwise interacts with our online ads and content, emails, integrations or communications under our control (collectively, our “Sites” and together with the Torii’s service, the “Services”).
This Privacy Notice does not apply to data Customer uploads or transmits to the Service for purposes of using the Service, including personal data relating to a person or entity identified by the Service as a result of their use and interaction with Customer’s business applications (“Customer Data”). We process such data as data processors, following the instructions of Customers and in accordance with our Terms of Service, DPA, and/or any other commercial agreement we have with each respective Customer.
Specifically, this Privacy Notice describes our practices regarding:
- 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 Notice & Contact Details
If you are a Customer, Account User, or Prospect, please read this Privacy Notice carefully and make sure that you fully understand it.
Our Services are designed for businesses and are not intended for personal or household use. Accordingly, we treat all personal data covered by this Privacy Notice, including information about any visitors to our Sites, as pertaining to individuals acting as business representatives, rather than in their personal capacity.
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 our Services.
1. Data Collection & Processing
When we use the term “personal data” or “personal information” in this Privacy Notice, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to an individual. It does not include aggregated or deidentified information that is maintained in a form that is not reasonably capable of being associated with or linked to an individual.
We may collect personal data directly from an individual or automatically when an individual interacts with our Sites or our Services. We may also collect personal data from other sources and third parties, even before our first direct interaction with you.
Specifically, we may collect or generate the following types of personal data about individuals:
- Usage Data, login credentials, and device information concerning Account Users and Prospects: We automatically collect or generate 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 a User’s device, and inferred or presumed data on generated from their use of the Services.
- Account Data including contact and profile information concerning our Customers and Account Users: We may collect information such as name, contact details (email, phone number), profile photo, workplace and position within the company, our communications with such individuals (email correspondences, call and video recordings), 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.
- Prospect Data: We may collect or receive information about Prospects (such as name, contact details, position and company) when they interact with our ads, when voluntarily providing us personal data by submitting details to our “Contact Us” forms, subscribing to our newsletter, or through the “Watch a demo” form on our website. We may also receive such data from our business partners or services providers 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.
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 and 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 technical support; and protecting and securing our Customers, Users, Prospects, ourselves and our Services (“Legitimate Interests”).
If you reside or are using the Services in a territory governed by privacy laws under which “consent” is the only or most appropriate legal basis for the processing of personal data as described herein (“Consent”), your acceptance of our Terms of Service and/or use of the Website will be deemed as your consent to the processing of your personal data for all purposes detailed in this Policy, unless applicable law requires a different form of consent. If you wish to revoke such consent, please contact us at [email protected].
Specifically, we use personal data for the following purposes (and in reliance on the legal bases for processing noted next to them, as appropriate):
Customer and Account User Personal Data
Legal basis for processing
|To facilitate, operate, enhance, and provide our Services
|To provide our Customers and Users with assistance and support, to test and monitor the Services, or diagnose or fix technology problems, and to train our Customers and Customer-facing staff
|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
|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 interests-based advertising based on your activity, preferences or other data available to us or to our business partners
|To facilitate, sponsor and offer certain events, contests and promotions
Customer and Account User Personal Data
Legal basis for processing
|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
|To contact our Customers, Users and Prospects with general or personalized service-related messages, as well as promotional messages that may be of specific interest to them
|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
|To create aggregated statistical data, inferred non-personal data, or anonymized or pseudonymized data (rendered non-personal and non-identifiable), which we or our business partners may use to provide and improve our respective services, or for any other purpose
|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
|To comply with our contractual and legal obligations and requirements, and maintain our compliance with applicable laws, regulations and standards
|For any other lawful purpose, or other purpose that you consent to
3. Data Location
We and our authorized Service Providers (defined below) maintain, store and process personal data in the United States of America, Israel, Canada and other locations, as reasonably necessary for the proper performance and delivery of our Services, or as may be required by law.
While privacy laws may vary between jurisdictions, Torii is committed to protect personal data in accordance with this Privacy Notice and customary industry standards, and such appropriate lawful mechanisms and contractual terms requiring adequate data protection, regardless of any lesser legal requirements that may apply in the jurisdiction to which such data is transferred.
Torii is headquartered in 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. We transfer personal data from the European Economic Area (EEA), Switzerland, or 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 (SCCs) as approved by the European Commission, FDPIC and UK Information Commissioner’s Office (ICO). You can request a copy of the applicable SCCs by contacting us as indicated in Section 11 below.
4. Data Retention
We retain personal data for as long as we deem it as reasonably necessary in order 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 in order to have proof and evidence concerning our relationship, should any legal issues arise following your discontinuance of use), all in accordance with our data retention policy.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and the applicable legal requirements.
If you have any questions about our data retention policy, please contact us by e-mail at [email protected].
5. Data Disclosure
We disclose personal data in the following ways:
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, contract, 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.
Service Integrations: You may choose to integrate Torii with third-party services or applications. The provider of this integrated third-party service may receive certain relevant data about or from your account on the Services, or share certain relevant data from your account on the third-party provider’s service with our Services, depending on the nature and purpose of such integration. This could include your Customer Data and/or personal data contained in Customer Data. Note that we may receive or store your passwords or API keys for any of these third-party services in order to integrate with them.
Sharing personal data with our Customers: Our Customers have access to any personal data of Users we process on their behalf in our capacity as a “processor” (as further described in Section 10 below), including data regarding Service Integrations (“Integration 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 such personal data on the organization’s behalf, and will be able to monitor, process, and analyze your personal data and associated content.
Event Sponsors: If you attend an event or webinar organized by us, or download or access an asset on our Sites related to such an event, webinar or other activity involving third party sponsors or presenters, we may share your personal data 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 personal data with others if we believe in good faith that this will help protect the rights, property or personal safety of Torii, any of our Users or Customers, or any members of the general public.
Torii Subsidiaries and Affiliated Companies: We may share personal data internally within our group, for the purposes described in this Privacy Notice. In addition, should Torii or any of its subsidiaries or affiliates undergo any change in control or ownership, including by means of merger, acquisition or purchase of substantially all or part of its assets, personal data may be shared with or transferred to the parties involved in such an event. We may disclose personal data to a third-party during negotiation of, in connection with or as an asset in such a corporate business transaction. Personal data may also be disclosed in the event of insolvency, bankruptcy or receivership.
For the avoidance of doubt, Torii may share personal data in additional manners, pursuant to your explicit approval, or if we are legally obligated to do so, or if we have successfully rendered such data non-personal, non-identifiable and anonymous. We may transfer, share or otherwise use non-personal and non-identifiable data at our sole discretion and without the need for further approval.
6. Cookies and Data Collection Technologies
Please note that we do not change our practices in response to a “Do Not Track” signal in the HTTP header from a browser or mobile application, however, most browsers allow you to control cookies, including whether or not to accept them and how to remove them. You may set most browsers to notify you if you receive a cookie, or to block or remove cookies altogether.
We engage in service and promotional communications, through e-mail, phone, SMS and notifications.
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).
Promotional Communications: We may also notify you about new features, additional offerings, events, special opportunities or any other information we think you will find valuable, as our Customer, User or Prospect. We may provide such notices through any of the contact means available to us (e.g., phone, mobile 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 Torii at any time by following the “unsubscribe”, “stop”, “opt-out” or “change e-mail preferences” instructions contained in the promotional communications you receive.
8. Data Security
We implement systems, applications and procedures designed to secure your personal data, to minimize the risks of theft, damage, loss of information, or unauthorized access or use of information. However, we cannot guarantee that our Services will be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse.
For more information about our security practices, visit https://www.toriihq.com/security.
9. Data Subject Rights
Individuals have rights concerning their personal data. Please contact us by e-mail at: [email protected] if you wish to exercise your privacy rights under any applicable law, including the EU or UK General Data Protection Regulation (GDPR),the California Consumer Privacy Act (CCPA) (including as amended by the California Privacy Rights Act), or the Virginia Consumer Data Protection Act (VCDPA). Such rights may include (to the extent available to you under the laws which apply to you) 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; 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 by Torii, or to restrict or object to such personal data’s processing (including the right to direct us not to sell or share 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). 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.
Please note that when you ask us to exercise any of your rights under this policy or applicable law, we may need to ask you to provide us certain credentials to make sure that you are who you claim you are, to avoid disclosure to you of personal data related to others and to ask you to provide further information to better understand the nature and scope of data that you request to access. 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, or proof of request fulfillment).
We may redact from the data which we will make available to you, any personal data related to others.
10. Data Controller/Processor
Certain data protection laws and regulations, such as the EU GDPR, UK GDPR and 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). Below we explain how these roles apply to our Services, to the extent that such laws and regulations apply.
Torii is the “data controller” (or “business”) of Prospect Data. With respect to such data, we assume the responsibilities of data controller (solely to the extent applicable under law), as set forth in this Privacy Notice. In such instances, our Service Providers processing such data will assume the role of “data processor”.
Torii is both a “data controller” and “data processor” (or “business” and “service provider”, respectively) of User Data. Such data is processed by Torii for its own purposes (as described in Section 2 above), as an independent ‘controller’; whilst those certain portions of it which are included in Customer Data will be processed by us on our Customer’s behalf, as a ‘processor’.
Torii is the “data processor” (or “service provider”) of Customer Data, which we process on behalf of our Customer (who is the “data controller” of such data); and our Service Providers who process such Customer Data on our behalf are the “sub-processors” of such data.
Accordingly, Torii processes Customer Data strictly in accordance with Customer’s reasonable instructions and as further stipulated in our data processing addendum and other commercial agreements with such Customer.
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, have been provided with adequate notice and that all legal requirements applicable to the collection, use or other processing of data through our Services are fully met by the Customer. 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
Updates and Amendments: We may update and amend this Privacy Notice from time to time by posting an amended version on our Services. The amended version will be effective as of the date it is published. We will provide prior notice if we believe any substantial changes are involved via any of the communication means available to us or via the Services. Such notice will specify a period prior to the effective date of the revised Privacy Notice (the “Notice Period”); after such notice period, all amendments shall be deemed accepted by you.
Requirements under US State Privacy Laws: This Privacy Notice describes the categories of personal information we may collect and the sources of such information (in Section 1 above), our retention (Section 4) and deletion (Section 9) practices. We also included information about how we may process your information (in Sections 2 through 7), which includes for “business purposes” under the California Consumer Privacy Act (CCPA) and similar state laws, as amended. We do not sell or share your personal information for the intents and purposes of CCPA, nor disclose personal information that we “control” to any third party for their direct marketing purposes. We may disclose personal information to third parties or allow them to collect personal data from our Services as described in Section 5 above, if those third parties are our customers (in respect of Customer Data processed on their behalf), or our authorized Service Providers or business partners who have agreed to our contractual limitations as to their retention, use, and disclosure of such personal data, or if you integrate the services of third parties with our Services, or direct us to disclose your personal information to third parties, or as otherwise described in Section 5 above. You may also designate an authorized agent, in writing or through a power of attorney, to request to exercise your privacy rights on your behalf. The authorized agent may submit a request to exercise these rights by emailing us at [email protected]. Note that we will not discriminate against you by withholding our Services from you or providing a lower quality of service to you for requesting to exercise your rights under the law.
If you have any questions or would like to exercise your rights under any applicable US State privacy laws, you can contact us at [email protected].
External Links: While our Services may contain links to other websites or services, we are not responsible for the privacy practices of third-parties. We 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 and service you visit. This Privacy Notice applies only to our Sites and Services.
Children: Our Sites and Services are not designed to attract children under the age of 13. 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 13 is using the Sites or the Services, we will attempt to prohibit and block such use and will make our best 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 e-mail at [email protected].
Data Protection Officer: Torii has appointed a Data Protection Officer (DPO) for monitoring and advising on Torii’s ongoing privacy compliance and serving as a point of contact on privacy matters for data subjects and supervisory authorities. If you have any comments or questions regarding our Privacy Notice, if you have any concerns regarding your Privacy, or if you wish to make a complaint about how your personal data is being processed by Torii, you can contact or our DPO at [email protected].
Contacting Us: If you have any comments or questions regarding our Privacy Notice, or if you have any concerns regarding your personal data held with us, please contact Torii’s support at [email protected] or our Data Protection Officer at [email protected].
Last updated: January 31, 2023