DYNAMIC YIELD, INC.
PRIVACY POLICY

Last Updated December, 2019

DY (the definition of which shall henceforth include Dynamic Yield Ltd. and all its wholly owned subsidiaries, including Dynamic Yield, Inc., Dynamic Yield UK Ltd., Dynamic Yield GmbH and Dynamic Yield APAC PTE Ltd.) respects the privacy of the users of its website at http://www.dynamicyield.com (the “Website”) and of its customers and business partners (collectively "Users") and is committed to protecting the information DY collects from its Users. We have created this privacy policy (“Privacy Policy”) because we know that you care about how information you provide to us is used and shared.

1. The Information We Collect

DY may collect the following types of information from its Users:

2. Personal Information

We may collect individually identifiable information, which is related to Users, namely information that identifies an individual or may with reasonable effort identify an individual (“Personal Information”), including the following:

  • Data submitted when registering to our Website: As part of a registration process (e.g. when requesting a demo), we may collect your phone number, full name, e-mail address, and details regarding the company you work in required to provide you our Services.
  • Voluntary information: We also collect information which you provide us voluntarily. We collect your information when you apply for a job through our Website, purchase our services (including financial information), respond to communications from us, contact our support, communicate with us via email, Website and through any online platform. Please note that when you apply for a job through our Website, you may be required to share with us your CV and other required information in order for us to consider your application.

We may also record telephone conversations, subject to the consent of the participants in the call.

  • Device Information: We may also collect Personal Information from your device, such as geolocation data, IP address and other online identifiers (i.e. online data collected from User’s devices, applications and protocols which leave traces which may be used to identify Users).

    It should be made clear that you have no legal obligation to provide us with Personal Information and the submission of such information is subject to your sole discretion and consent. However, if you will not provide us with the required information we may not be able to provide you with the information/services requested by you.

3. Other Information

In addition to Personal Information, we may collect additional information which cannot be used to identify Users (collectively, the “Other Information”). Such Other Information may include:

  1. From Your Activity

    Information that we or our technology providers may automatically collect when you visit, access, and/or use the Website, such as your internet service provider, domain server, type of computer, browser type and language, referring and exit pages and URLs, date and time, amount of time spent on particular pages, what sections/features of our Website that you visit/utilize, number of links you click while on the Website, search terms, and operating system. We may also collect statistical and other data related to your use of our Website or other services as well as information on Website usage patterns. This information is collected and used as non-individually identifiable information.

  2. From Cookies and other tracking technologies

    We may use session identifiers, web beacons, cookies, JavaScript tags, and other tracking technologies. A cookie is a piece of data stored on a User’s hard drive containing information about the User's online behavior, as well as its device. We use these technologies to enhance the User's experience of our Website. We also use this information to collect statistics about the usage of our Services, perform analytics, deliver content which is tailored to your interests and administer services to our Users, advertisers, publishers, customers and partners. You can learn more on the cookies we use and control your preferences through our Website's cookie management tool – Cookie Settings

If we associate Other Information with Personal Information, we will treat such information as Personal Information.

4. End User Data

By using our services, we allow our Users to use various features of our solution, such as optimization of their end user's ("End Users") interactions by offering automated personalization. In order to provide these services, DY may receive End Users' Personal Information. DY receives such Personal Information solely as a "data processor" and is acting only in accordance with the documented instruction of its User (in its capacity as a DY customer).

A User may only share with DY such Personal Information in accordance with applicable data protection and privacy legislation, including without limitation, that it has received all applicable consents required for such sharing.

5. Legal basis for processing

Processing of Personal Information is necessary for the performance of our contractual obligations towards you and providing you with our services, to protect our legitimate interests and to comply with our legal obligations.

6. How We Use Information

In addition to the purposes listed above, the information we collect, which may include your Personal Information, is used for the following purposes:

  • To complete your registration and provide you our services;
  • To process and consider your job application (if applicable);
  • To communicate with you and to keep you informed of our latest updates;

To market our websites, newsletters and products. At any time, you have the ability to opt out of receiving marketing communications from DY, but you may not opt out of administrative emails. You can opt out either by changing your e-mail preferences or using the link provided at the bottom of each email message or through any other means that is made available to you;

  • To perform a research or to conduct analytics in order to improve and customize our services to your needs and interests;
  • To process any of your requests regarding User’s rights (e.g. right to access, right to be forgotten, etc.);
  • To support and troubleshoot our services and to respond to your queries; and
  • To investigate violations and enforce our policies, and as required by law, regulation or other governmental authority, or to comply with a subpoena or similar legal process or respond to a government request.

7. How We Share the Information

- We do not share, distribute, sell or rent any of your Personal Information with/to third parties except in the following circumstances (as far as the CCPA is concerned, the below shall be deemed as the categories of Personal Information we have disclosed for a business purpose in the preceding 12 months):

  • If you have opted out of our ability to use your e-mail address, we may share your decision to opt out with third parties to effectuate that decision;
  • If the information is required by law in order to prevent, investigate, or take action regarding illegal activities. In addition, we will share information in response to legal process, court orders, subpoenas, or to establish or exercise our legal rights or defend against legal claims;
  • We may also disclose the Information to any government or law enforcement authority or regulatory agency in response to lawful requests by applicable local law enforcement agencies or regulatory agencies, or agencies with responsibility to oversee and enforce national security;
  • We may share some or all of your Information with any of our parent companies, subsidiaries, joint ventures, or other companies under common control with us;
  • Information may be transferred as part of or in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of our shares or stock and/or assets or other corporate change, including, during the course of any due diligence process;
  • For the purpose of providing and operating the Website and other services we may share Personal Information with trusted third-party service providers that require access to such data for purpose of providing the related services to us, such as storage, analytics and so on. Any data processing performed by any third party with whom we have provided User information (either Personal Information or Other Information) will, if and when required by law, be governed by a data processing agreement, in accordance with the applicable data protection and privacy legislation; and,
  • If we have your permission to do so.

- We have not Sold (as this term is defined under the CCPA) Your Personal Information in the preceding 12 months.

8.Links

Our Site may display links to the sites of other companies, including those of our enterprise clients. We are not responsible for their privacy practices. We encourage you to learn about the privacy policies of those companies by visiting their respective websites, apps, etc.

9.Policy Toward Children

We do not knowingly collect Personal Information from children under the age of 13. If you are under 13, please do not give us any Personal Information. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Information through the Website without their permission. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without his/her consent, he or she should contact us at privacy@dynamicyield.com. If we become aware that a child under the age of 13 has provided us with Personal Information, we will delete such information from our files.

10.Security

We follow generally accepted industry standards to protect the Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, due to the nature of Internet communications and evolving technologies, unauthorized entry or use, hardware or software failure, and other factors, the security of User information may be compromised at any time. Therefore, we cannot guarantee the absolute security of the Information and disclaim any assurance that such information will remain free from loss, misuse, or alteration by third parties who, despite our efforts, obtain unauthorized access.

11.California Privacy Rights

DY does not monitor, recognize, or honor any opt-out or do not track mechanisms, including general web browser “Do Not Track” settings and/or signals. If an End User is a California resident, California Civil Code Section 1798.83(c)(2) permits such individual to request information regarding the disclosure of his/her information by DY to third parties for such third parties’ direct marketing purposes. To make such a request, please send us an email to privacy@dynamicyield.com.

12. User Rights and Accessing and Modifying Information and Communication Preferences

Users have a right at any time to:

  1. Receive confirmation as to whether or not Personal Information concerning you is being processed, and access your stored personal information, together with supplementary information;
  2. Receive a copy of personal information you directly volunteer to us in a structured, commonly used and machine-readable format;
  3. Request rectification of your personal information that is in our control;
  4. Request erasure of your personal information;
  5. Object to the processing of personal information by us;
  6. Request to restrict processing of your personal information by us;
  7. Lodge a complaint with a supervisory authority;

However, please note that these rights are not absolute, and may be subject to our own legitimate interests and regulatory requirements.

As of January 1st 2020, California residents will be granted with the right not to be discriminated against for having exercised their rights under the CCPA. Unless permitted by the CCPA, we will not:

  1. Deny you goods or services;
  2. Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
  3. Provide you a different level or quality of goods or services;
  4. Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Users may exercise their rights by contacting us through the contact details available below. In addition, you may manage your receipt of marketing and communications by clicking on the “unsubscribe” link located on the bottom of any DY marketing e-mail or by following the instructions found on the Website. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases.

13. Retention

We will retain your personal information for as long as necessary to provide our services, and as necessary to comply with our legal obligations, resolve disputes, and enforce our policies. Retention periods will be determined taking into account the type of information that is collected and the purpose for which it is collected, bearing in mind the requirements applicable to the situation and the need to destroy outdated, unused information at the earliest reasonable time. We will keep records as required by applicable laws and regulations.

We may rectify, replenish or remove incomplete or inaccurate information, at any time and at our own discretion.

14. International Transfer of Data

DY may transfer information that it collects to affiliated entities or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world and outside of the EEA. In such cases we will transfer your data only to such countries as approved by the European Commission as providing adequate level of data protection, or enter into legal agreements ensuring an adequate level of data protection.

15. Changes to This Privacy Policy

This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time. By accessing and/or using the Website after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, our use of the Information is governed by the Privacy Policy in effect at the time we collect the Information. Please refer back to this Privacy Policy on a regular basis.

16. How to Contact Us

If you have questions about this Privacy Policy, please contact DY via e-mail at privacy@dynamicyield.com with “PRIVACY POLICY” in the subject line or at the contact information on our Contact Us page at https://www.dynamicyield.com/contact/.

Physical address - Amot Toha Towers, Igal Alon 114, floor 18, 6744320, Tel Aviv, Israel.

Eu Residents can also address - Dynamic Yield GmbH

EU Representative address - Design Offices - Alexanderufer 3, Berlin, Germany, 10117.