Privacy Policy

Privacy Notice

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 data that relates to identified or identifiable individuals (“personal data” or “personal information”):

1. 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”);
2. Prospect Data: data relating to visitors to our website (www.toriihq.com), participants at our events, and any other prospective customer (collectively, “Prospect(s)”, and together with Customer and Account Users – “you” or “your”) 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:

1. Data Collection & Processing
2. Data Uses
3. Data Location
4. Data Retention
5. Data Disclosure
6. Cookies and Data Collection Technologies
7. Communications
8. Data Security
9. Data Subject Rights
10. 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 our Services.

Data Collection & Processing

We collect various types of personal data regarding our Customers, Account Users and Prospects. Such data is typically collected or generated through your interaction with us or our Services, either directly from you or automatically when you interact with 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 process the following types of personal data:

• 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 an Account 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.

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 (“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
Purpose	Legal basis for processing
To authenticate your identity, and provide you access and use of our Services.	Performance of a contract Legitimate interest
To facilitate, operate, enhance, and provide our Services.	Performance of a contract Legitimate interest
To provide customer service and technical support.	Performance of a contract Legitimate interest
Customer, Account User and Prospect personal data
Purpose	Legal basis for processing
To gain a better understanding of how individuals use and interact with our Services, and how we could improve their and others’ experience and continue improving our offerings and the overall performance of our Services.	Performance of a contract Legitimate Interests
To facilitate, sponsor and offer certain events, contests and promotions.	Legitimate Interests Consent
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. This includes contextual, behavioral and interests-based advertising based on your and others activities, preferences or other data available to us, our Service Providers (defined below) or to our business partners.	Legitimate Interests Consent
To contact you with service-related messages.	Performance of a 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. This includes contextual, behavioral and interests-based advertising based on your and other s activities, preferences or other data available to us, our Service Providers (defined below) or to our business partners.	Depending on the context, consent, soft opt-in or legitimate interest.
To contact you with promotional messages that may be of specific interest to you (as further described in section 7 below).	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 (where applicable) Legitimate Interests
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.	Performance of Contract (where applicable) 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 Consent or soft-opt-in (where applicable)
To evaluate, monitor, study and analyze the use of our Services in order to diagnose or fix problems and bugs as well as develop new features, technologies and improvements to our Services.	Performance of Contract (where applicable) Legal Obligation
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.	Consent Legitimate Interests
To comply with court orders and warrants, prevent misuse of the Services, and take any action in any related legal dispute and proceeding.	Legal Obligation Legitimate Interests
To comply with applicable laws and regulations.	Legal Obligation Legitimate Interests

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.

For transfers of personal data originating from the European Economic Area (EEA), the UK, or Switzerland to countries that are not considered as offering an adequate level of data protection based on adequacy decisions published by the European Commission (and associated), the UK, and Switzerland (as relevant), we and the relevant data exporters and importers have entered into standard contractual clauses as approved by the European Commission (available here), the UK (available here), or Switzerland. You can request a copy of the applicable SCCs by contacting us as indicated in Section ‎12 below.

For data transfers to countries that have been recognized to be providing an adequate level of data protection, we rely on such adequacy findings regarding the level of data protection offered by the recipient country.

Torii Software Inc., our US subsidiary, complies with the EU-US Data Privacy Framework (EU-US DPF), the UK Extension to the EU-US DPF, and the Swiss-US Data Privacy Framework as set forth by the US Department of Commerce, and where appropriate – primarily relies on such certification for accepting transfers of personal data from the EEA, UK and Switzerland to the US (as applicable).

We have certified to the US Department of Commerce that Torii Software Inc. adheres to the EU-US Data Privacy Framework Principles (EU-US DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-US DPF, and from the UK (and Gibraltar) in reliance on the UK Extension to the EU-US DPF. We furthermore certify that Torii Software Inc. adheres to the Swiss-US Data Privacy Framework Principles (Swiss-US DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-US DPF. We will remain liable for onward transfers of your personal data to third parties (including our Service Providers) in accordance with applicable data transfer mechanisms. If there is any conflict between the terms in this Policy and the EU-US DPF Principles and/or the Swiss-US DPF, the Principles shall govern with respect to personal data transferred under the DPF. To learn more about the DPF program, and to view our certification, please visit https://www.dataprivacyframework.gov/. Our DPF notice is available here https://www.toriihq.com/eu-us-swiss-us-data-protection-framework-notice.

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.

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, anonymize 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 e-mail at [email protected].

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 and may utilize artificial intelligence, generative artificial intelligence, machine learning or similar technologies, 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: In the context of the provision of our Services, 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 to integrate with them.

Sharing personal data with our Customers: In providing the Services, Torii acts as a data processor, processing Customer Data on behalf of our Customers, who are the data controllers. This delineation of roles means that our Customers are primarily responsible for the security, integrity, and authorized use of Customer Data within the context of the Services. Furthermore, it is the Customer’s obligation to secure all necessary consents, permissions, and to provide any requisite data subject rights notices and fair processing declarations essential for the collection and utilization of such Customer Data. Our engagement with Customers is defined by a contractual relationship whereby Customers may, at their sole discretion, upload, add, input, transfer, and/or receive information, including personal data, to the platform (“Customer Data”). Google Workspace APIs are not used to develop, improve or train generalized/non-personalized AI and/or ML models. It is important to note that Customer Data falls outside the purview of this Privacy Notice. This clarification is made solely for the sake of transparency. Should you have any queries concerning Customer Data, we encourage direct communication with the Customer in question.

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.

Partnerships: We may engage selected business partners, resellers, distributors and providers of professional services related to our Services, which allow us to explore and pursue growth opportunities by facilitating a stronger local presence and tailored experiences for you. In such instances, we may disclose relevant contact, business and usage details to the respective partner, to allow them to engage with you for such purposes. If you directly engage with any of our partners, please note that any aspect of that engagement which is not directly related to the Services and directed by Torii, is beyond the scope of our terms and Privacy Notice and may therefore be governed by the partner’s terms and privacy policy.

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 Account 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.

Cookies and Data Collection Technologies

Our Services (including some of our Services Providers) utilize “cookies”, anonymous identifiers, pixels, container tags and other technologies in order for us to provide and monitor our Services, to ensure that they perform properly, to analyze our performance and marketing activities, and to personalize your experience. Such cookies and similar files or tags may also be temporarily placed on your device. Certain cookies and other technologies serve to recall personal data, such as an IP address, previously indicated by you. To learn more about our practices concerning cookies and tracking, please see our Cookie Notice.

Communications

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 an Account User of 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. 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 email preferences” instructions contained in the promotional communications you receive.

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.

Data Subject Rights

Individuals have rights concerning their personal data. If you wish to exercise your privacy rights under any applicable law, please contact us by e-mail at: [email protected]. Torii 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 applicable law.

The following rights (which may be subject to certain exemptions or derogations) shall apply to certain individuals (some of which only apply to individuals protected by specific laws):

i. You have the right to withdraw consent to the processing, where consent is the basis of processing.

ii. You have the right to access the personal data that we hold and request further details about how we process it, under certain conditions.

iii. You have the right to demand rectification of inaccurate personal information about you. We will promptly correct any information found to be incorrect.

iv. You have the right to object to unlawful data processing under certain conditions.

v. You have the right to erasure past data about you (your “right to be forgotten”) under certain conditions.

vi. You have the right to demand that we restrict the processing of your personal data, under certain conditions, if you believe we have exceeded the legitimate basis for processing, the processing is no longer necessary, or if you believe your personal information is inaccurate.

vii. You have the right to data portability of personal data concerning you that you provided us in a structured, commonly used, and machine-readable format, subject to certain conditions.

viii. The personal data we collect is not used for automated decision-making and profiling, except for automated processes in the context of marketing. As stated above, you can opt out of direct marketing by Torii by contacting Torii directly or by following the instructions through the unsubscribe options in our email messages.

ix. If you are a GDPR-protected individual, you also have the right to lodge a complaint with the relevant supervisory authority in the EEA, UK, or Switzerland, as applicable.

You may use an authorized agent to submit a request on your behalf if you provide the authorized agent written permission signed by you. To protect your privacy, we may take steps to verify your identity before fulfilling your request. Subject to legal and other permissible considerations, we will make every reasonable effort to honor your request promptly in accordance with applicable law or inform you if we require further information in order to fulfill your request. When processing your request, we may ask you for additional information to confirm or verify your identity and for security purposes, before processing and/or honoring your request, for example, you may be required to provide certain credentials to make sure that you are who you claim you are (to avoid disclosure to you of personal data related to others). We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive.

Additional Notices & Contact Details {#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.

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.

Our Sites and Services are not designed for underaged children: We do not knowingly collect personal data from children and do not wish to do so. If we learn that a person who is underage according to the law applicable to them is using 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 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].

Effective Date: October 8, 2024