Privacy Notice

Privacy Notice

We at Dataloop Ltd. (“Dataloop“, “us“, “we“, or “our“) recognize and respect the importance of maintaining the privacy of our customers, their personnel, and other individuals accessing our Platform and Services. If not otherwise defined herein, capitalized terms have the meaning given to them in the Terms of Service, available at https://dataloop.ai/terms/ (“Terms“). This Privacy Notice describes the types of information we collect from you when you visit our website (“Site“), access our Platform, and/or use our Services. This Privacy Notice also explains how we process, transfer, store and disclose the information collected, as well as your ability to control certain uses of the collected information. “You” means any adult user of the Site, Platform, or Services, including as an Employee or a Tagger.

If you are an individual located in the European Union (“EU Individual“), some additional terms and rights may apply to you, as detailed herein. Dataloop Ltd. is the data controller in respect of the processing activities outlined in this Privacy Notice. Our registered office is 2 Sapir St. Herzliya, Israel 4685206, POB 12580 and our registration number is 515650356. Additional entities who may be serving as separate, independent controllers are listed below.

“Personal Data” means any information that refers, is related to, or is associated with an identified or identifiable individual or as otherwise may be defined by applicable law. This Privacy Notice details which Personal Data is collected by us in connection with provision of the Platform.

Privacy Notice Key Points

The key points listed below are presented in further detail throughout this Privacy Notice. You can click on the headers in this section in order to find out more information about any topic. These key points do not substitute the full Privacy Notice.

• Personal Data We Collect, Uses and Legal Basis
• Sharing the Personal Data We Collect
• International Transfer
• Security

• Your Rights – How to Access and Limit Our Use of Certain Personal Data

• Data Retention
• Cookies and Similar Technologies
• Children
• Communications
• Changes to the Privacy Notice
• Comments and Questions

Personal Data We Collect, Uses and Legal Basis

Depending on your usage of the Site and Platform, we collect different types of data and we and any of our sub-contractors and service providers use the data we collect for different purposes, as specified below. It is your voluntary decision whether to provide us with certain Personal Data, but if you refuse to provide such Personal Data, we may not be able to register you to the Platform, provide you with the Services or part thereof.

• Visitors to the Site (including Employees and Taggers using the Site)

• Contact Information. If you send us a “Contact Us” or “Request a Demo” request, whether by submitting an online form or by sending an email to an email address that we display with questions, comments or for purposes of customer/technical support we collect the information contained in your message and any other information, including Personal Data, you provide.

How we use this data: To respond to your request or inquiry.

Legal Basis: We process this Personal Data based on performance of a contract when we respond to your inquiry.

• Automatically Collected Data. When you visit the Site, we will collect information about your computer, including non-Personal Data such as your operating system and browser type, and Personal Data such as your IP address and browsing and viewing history on our Site. For more information about the cookies and similar technologies we use and how to adjust your preferences, please see the section “Cookies and Similar Technologies” below.

How we use this data: (1) to review usage and operations, including in an aggregated non-specific analytical manner, develop new products or services and improve current content, products, and Site; (2) to prevent fraud, protect the security of our Site and address any problems with the Site; and (3) to provide you with customized content, targeted offers, and advertising related to our products and Services based on your viewing history on the Site or on other third-party sites you may visit or use.

Legal Basis: We process this Personal Data for our legitimate interests to develop our products, review usage, perform analytics, prevent fraud, for our recordkeeping and protection of our legal rights to market our own products and services.

• Employees of Customers

• Registration Data. In order to access the Platform and use our Services, you will be required to register and provide us with the following mandatory Personal Data: your email address as well as a password that you will choose. If you register by logging in through a third-party login/account registration service (such Google) we also receive Personal Data about you as provided by such third-party service.

How we Use this Data: We use this Personal Data in order to provide you with the Services through the Platform and to respond to your inquiries and requests and to contact and communicate with you; and (2) to prevent fraud, improve the Platform and Services, protect the security of and address any problems with the Platform.

Legal Basis: (1) We process this Personal Data for the purpose of providing the Services to you, which is considered performance of a contract with you, including responding to your inquiries and requests and providing customer support. (2) When we process the Personal Data to prevent fraud, improve the Services and/or our Platform, protect the security of and address any problems with the Platform, we process the Personal Data based on our legitimate interest.        

• Materials You Upload – Any materials including images and/or pictures and/or photos and/or Videos and/or documents you may upload to the Platform will be collected by us.

How we use this data: To provide you with the Services.

Legal Basis: We process this Personal Data for the purpose of performance of a contract with you.

• Automatically Collected Data. When you use the Platform, we will collect information about your computer, including non-Personal Data such as your operating system, and Personal Data such as your IP address. We also collect behavioral data about how you use the Platform, such as which pages within the Platform you have viewed.

How we use this data: We use this data to create usage metrics for task management analytics, in order to improve your experience on the Platform.

Legal Basis: We process this Personal Data based on our legitimate interests.

• Taggers

• Registration Data. In order to access the Platform, you will be required to register and provide us with the following mandatory Personal Data: your email address as well as a password that you will choose. If you register by logging in through a third-party login/account registration service (such Google) we also receive Personal Data about you as provided by such third-party service.

How we Use this Data: We use this Personal Data in order to provide you with access to the Platform and to respond to your inquiries and requests and to contact and communicate with you; and (2) to prevent fraud, improve the Platform and Services, protect the security of and address any problems with the Platform.

Legal Basis: (1) We process this Personal Data for the purpose of providing you with access to the Platform to you, which is considered performance of a contract with you. (2) When we process the Personal Data to prevent fraud, improve the Services and/or our Platform, protect the security of and address any problems with the Platform, we process the Personal Data based on our legitimate interest.               

Additional Uses

Statistical Information By analyzing all information we receive, including all information concerning users we may compile statistical information across a variety of platforms and users (“Statistical Information“). Statistical Information helps us understand trends and customer needs so that new products and services can be considered and so that existing products and services can be tailored to customer desires. We may share such Statistical Information with our partners, without restriction, on commercial terms that we can determine in our sole discretion.

Analytics

We and/or our service providers or subcontractors, use analytics tools (“Tools“), including “Google Analytics” to collect information about the use of the Site, Platform and/or Services. Such Tools collect information such as how often users visit the Site, Platform, what pages they visit when they do so, and what other sites and mobile applications they used prior to visiting the Site or Platform. The Tools may collect certain Personal Data and may link such Personal Data to specific information stored in our customer database. We use the information we get from the Tools to improve our Site, Platform, and Services. Google’s ability to use and share information collected by Google Analytics about your visits to this site is restricted by the Google Analytics Terms of Service located at http://www.google.com/analytics/terms/us.html and the Google Privacy Policy located at http://www.google.com/policies/privacy/.

Direct Marketing

As described above, we may use Personal Data to let you know about our products and Services that we believe will be of interest to you. We may contact you by email or through other communication channels. In all cases, we will respect your preferences for how you would like us to manage marketing activity with respect to you. To protect privacy rights and to ensure you have control over how we manage marketing with you:

• We will take steps to limit direct marketing to a reasonable and proportionate level and only send you communications which we believe may be of interest or relevance to you.
• You can ask us to stop sending email marketing by following the “unsubscribe” link you will find on all the email marketing messages we send you. Alternatively, you can contact us at privacy@dataloop.ai.

You can change the way your browser manages cookies, which may be used to deliver online advertising, by following the settings on your browser as explained below.

Sharing the Personal Data We Collect

We share your information, including Personal Data, as follows:

Company

If you are an Employee, we may share Personal Data about your use of the Platform and Service, including analytics data, with the Company.

Service Providers, and Subcontractors

We disclose information, including Personal Data we collect from and/or about you, to our trusted service providers and subcontractors, who have agreed to confidentiality restrictions and who use such information solely on our behalf in order to: (1) help us provide you with the access to the Platform and/or to provide you with the Services and (2) aid in their understanding of how users are using our Platform and/or Services.

Such service providers and subcontractors provide us with IT and system administration services, data backup, security, and storage services, data analysis.

Data Controllers

When you use visit our Site, we also disclose your Personal Data to additional third parties, which act as independent, separate controllers with respect to the collection of your Personal Data. The details and contact information of such controllers are as set forth below.

• Facebook, Inc., Contact information: Privacy Operations, 1601 Willow Road, Menlo Park, CA 94025, USA
• LinkedIn Ireland Unlimited Company, Contact information: Attn: Legal Dept. (Privacy Policy and User Agreement), Wilton Plaza, Wilton Place, Dublin 2, Ireland

Business Transfers

Your Personal Data may be disclosed as part of, or during negotiations of, any merger, sale of company assets or acquisition (including in cases of liquidation) in such case, your Personal Data shall continue being subject to the provisions of this Privacy Notice.

Law Enforcement Related Disclosure

We may share your Personal Data with third parties: (i) if we believe in good faith that disclosure is appropriate to protect our or a third party’s rights, property or safety (including the enforcement this Privacy Notice); (ii) when required by law, regulation subpoena, court order or other law enforcement related issues, agencies and/or authorities; or (iii) as is necessary to comply with any legal and/or regulatory obligation.

Legal Uses

We may use your Personal Data as required or permitted by any applicable law, for example, to comply with audit and other legal requirements.

International Transfer

We use subcontractors and service providers who are located in countries other than your own and send them information we receive (including Personal Data). We conduct such international transfers for the purposes described above. We will ensure that these third parties will be subject to written agreements ensuring the same level of privacy and data protection as set forth in this Privacy Notice, including appropriate remedies in the event of the violation of your data protection rights in such third country.

Whenever we transfer your Personal Data to third parties based outside of the European Economic Area (“EEA“), we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

• We will only transfer your Personal Data to countries that have been deemed to provide an adequate level of protection for Personal Data by the European Commission.
• Where we use certain service providers not located in countries with an adequate level of protection as determined by the European Commission, we may use specific contracts approved by the European Commission which give Personal Data the same protection it has in the EEA.

Please contact us at privacy@dataloop.ai if you would like further information on the specific mechanism used by us when transferring your Personal Data out of the EEA.

Security

We have implemented and maintain appropriate technical and organization security measures, policies and procedures designed to reduce the risk of accidental destruction or loss, or the unauthorized disclosure or access to Personal Data appropriate to the nature of such data. The measures we take include:

Safeguards – The physical, electronic, and procedural safeguards we employ to protect your Personal Data include secure servers, firewalls, antivirus, and SSL encryption of data.

Access Control – We dedicate efforts for a proper management of system entries and limit access only to authorized personnel on a need to know basis of least privilege rules, review permissions quarterly, and revoke access immediately after employee termination.

Internal Policies – We maintain and regularly review and update our privacy related and information security policies.

Personnel – We require new employees to sign non-disclosure agreements according to applicable law and industry customary practice.

Encryption – We encrypt the data in transit using secure SSL protocols.

Database Backup – Our databases are backed up on a periodic basis for certain data and are verified regularly. Backups are encrypted and stored within the production environment to preserve their confidentiality and integrity, are tested regularly to ensure availability, and are accessible only by authorized personnel.

However, no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

As the security of information depends in part on the security of the computer you use to communicate with us and the security you use to protect user IDs and passwords, please take appropriate measures to protect this information.

Your Rights – How to Access and Limit Our Use of Certain Personal Data

Subject to certain exemptions, and in some cases dependent upon the processing activity we are undertaking, you have certain rights in relation to the Personal Data that we or other controllers hold about you, as detailed below. For any requests to exercise such rights with respect to information held by other controllers, please contact the applicable controller directly. If you wish for us to notify all independent controllers, please specify that request when you contact us in order to exercise any of your rights. We will investigate and attempt to resolve complaints and disputes and make every reasonable effort to honour your wish to exercise your rights as quickly as possible and, in any event, within the timescales provided by applicable data protection laws. We reserve the right to ask for reasonable evidence to verify your identity before we provide you with any information and/or comply with any of your requests, as detailed below:

• Right of Access. You have a right to know what Personal Data we collect about you and, in some cases, to have such Personal Data communicated to you. Subject to applicable law, we may charge you with a fee. Please note that we may not be able to provide you with all the information you request, and, in such case, we will endeavor to explain to you why.
• Right to Data Portability. If the processing is based on your consent or performance of a contract with you and processing is being carried out by automated means, you may be entitled to (request that we) provide you or another party with a copy of the Personal Data you provided to us in a structured, commonly-used, and machine-readable format.
• Right to Correct Personal Data. Subject to the limitations in applicable law, you may request that we update, complete, correct or delete inaccurate, incomplete, or outdated Personal Data.
• Deletion of Personal Data (“Right to Be Forgotten”). You have a right to request that we delete your Personal Data if either: (i) it is no longer needed for the purpose for which it was collected, (ii) our processing was based on your consent and you have withdrawn your consent, (iii) you have successfully exercised your Right to Object (see below), (iv) processing was unlawful, or (iv) we are required to erase it for compliance with a legal obligation. We cannot restore information once it has been deleted. Please note that to ensure that we do not collect any further Personal Data, you should also terminate your account with us, and clear our cookies from any device where you have accessed our Services. We may retain certain Personal Data (including following your request to delete) for audit and record-keeping purposes, or as otherwise permitted and/or required under applicable law.
• Right to Restrict Processing. You can ask us to limit the processing of your Personal Data if either: (i) you have contested its accuracy and wish us to limit processing until this is verified; (ii) the processing is unlawful, but you do not wish us to erase the Personal Data; (iii) it is no longer needed for the purposes for which it was collected, but we still need it to establish, exercise, or defend of a legal claim; (iv) you have exercised your Right to Object (below) and we are in the process of verifying our legitimate grounds for processing. We may continue to use your Personal Data after a restriction request under certain circumstances.
• Direct Marketing Opt Out. You can change your mind at any time about your election to receive marketing communications from us and/or having your Personal Data processed for direct marketing purposes. If you do, please notify us by contacting us at privacy@dataloop.ai. We will process your request as soon as reasonably possible, however it may take a few days for us to update our records before any opt out is effective.
• Right to Object. You can object to any processing of your Personal Data which has our legitimate interests as its legal basis, if you believe your fundamental rights and freedoms outweigh our legitimate interests. If you raise an objection, we have an opportunity to demonstrate that we have compelling legitimate interests which override your rights and freedoms.
• Right to Lodge a Complaint with Your Local Supervisory Authority. You may have the right to submit a complaint to the relevant supervisory data protection authority if you have any concerns about how we are processing your Personal Data, though we ask that as a courtesy you please attempt to resolve any issues with us first.

Data Retention

Subject to applicable law, we retain Personal Data as necessary for the purposes set forth above. We may delete information from our systems without notice to you once we deem it is no longer necessary for these purposes. Retention by any of our processors may vary in accordance with the processor’s retention policy.

In some circumstances, we may store your Personal Data for longer periods of time, for instance where we are required to do so in accordance with legal, regulatory, tax, audit, accounting requirements and so that we have an accurate record of your dealings with us in the event of any complaints or challenges, or if we reasonably believe there is a prospect of litigation relating to your Personal Data or dealings. To determine the appropriate retention period, 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 whether those purposes can be achieved through other means, as well as applicable legal requirements.

Please contact us at privacy@dataloop.ai if you would like details regarding the retention periods for different types of your Personal Data.

Cookies and Similar Technologies

We use cookies and similar technologies for a number of reasons, including to help authenticate your identity and provide you with the Services and personalize the advertisements we place. Third parties through which we provide the Services may be placing and reading cookies on your browser or using web beacons to collect information in the course of advertising being served on different websites. When visiting the Site, you shall be notified of the use of and placement of cookies and other similar technologies on your device as specified herein.

What are Cookies?

A cookie is a small piece of text that is sent to a user’s browser or device. The browser provides this piece of text to the device of the originating user when this user returns.

• A “session cookie” is temporary and will remain on your device until you leave the Site.
• A “persistent” cookie may be used to help save your settings and customizations across visits. It will remain on your device until you delete it.
• First-party cookies are placed by us, while third-party cookies may be placed by a third party.
• We may use the terms “cookies” to refer to all technologies that we may use to store data in your browser or device or that collect information or help us identify you in the manner described above, such as web beacons or “pixel tags”.

How We Use Cookies

We use cookies and similar technologies for a number of reasons, as specified below.

The specific names and types of the cookies, web beacons, and other similar technologies we use may change from time to time. However, the cookies we use generally fall into one of the following categories:

How to Adjust Your Preferences

Most Web browsers are initially configured to accept cookies, but you can change this setting so your browser either refuses all cookies or informs you when a cookie is being sent. In addition, you are free to delete any existing cookies at any time. Please note that some features of the Services may not function properly when cookies are disabled or removed.

By changing your device settings, you can prevent your device’s ad identifier being used for interest-based advertising, or you can reset your device’s ad identifier. Typically, you can find the ad identifier settings under “privacy” or “ads” in your device’s settings, although settings may vary from device to device. Adjusting your preferences as described in this section herein does not mean you will no longer receive advertisements, it only means the advertisements that you do see will be less relevant to your interests.

Third Party Cookies

• LinkedIn
• Facebook
• YouTube
• GoogleAds

Children

We do not knowingly collect Personal Data from children under the age of sixteen (16). In the event that you become aware that an individual under the age of sixteen (16) has registered for our Services, please advise us immediately.

Communications

We reserve the right to send you service-related communications, including service announcements and administrative messages, without offering you the opportunity to opt out of receiving them. Should you not wish to receive such communications, you may cancel your account.

Changes to the Privacy Notice

We may update this Privacy Notice from time to time to keep it up to date with legal requirements and the way we operate our business, and we will place any updates on this webpage. Please come back to this page every now and then to make sure you are familiar with the latest version. If we make material changes to this Privacy Notice, we will seek to inform you by notice on our Site or per email.

Comments and Questions

If you have any comments or questions about this Privacy Notice or if you wish to exercise any of your legal rights as set out herein, please contact us at privacy@dataloop.ai.

Or for Data Subjects in the EU:

We value your data subject rights under GDPR and have therefore appointed GDPR-Rep.eu as representative according to Art. 27 GDPR and provide you with an easy way to submit privacy-related requests like requests to access or erase your personal data. If you would like to make use of your data subject rights, please visit https://gdpr-rep.eu/q/14409603.

Contact GDPR-Rep.eu:

GDPR-Rep.eu

Maetzler Rechtsanwalts GmbH & Co KG

Attorneys at Law

c/o Dataloop Ltd.

Schellinggasse 3/10, 1010 Vienna, Austria

Please add the following subject to all correspondence:

GDPR-REP ID: 14409603

Last updated: January 2023