Convrt Privacy Policy & Terms of Use

1. WHAT INFORMATION WE COLLECT, WHY WE COLLECT IT, AND HOW IT IS USED

Finally, please note that some of the abovementioned Personal Data will be used for detecting, taking steps to prevent, and prosecution of fraud or other illegal activity, to identify and repair errors, to conduct audits, and for security purposes. Personal Data may also be used to comply with applicable laws, with investigations performed by the relevant authorities, law enforcement purposes, and/or to exercise or defend legal claims. In certain cases, we may or will anonymize or de-identify your Personal Data and further use it for internal and external purposes, including, without limitation, to improve the services and for research purposes. “Anonymous Information” means information which does not enable identification of an individual user, such as aggregated information about the use of our services. We may use Anonymous Information and/or disclose it to third parties without restrictions (for example, in order to improve our services and enhance your experience with them).

The lawful bases we rely on for processing personal information are (if and when applicable): (i) The data subject has given consent to the processing of his or her personal data; (ii) Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;(iii) Processing is necessary for compliance with a legal obligation to which the controller is subject; and/or (iv) Processing is necessary for the purposes of the legitimate interest.  

2. HOW WE PROTECT AND RETAIN YOUR INFORMATION

• 2.1. Security. We have implemented appropriate technical, organizational and security measures designed to protect your Personal Data. However, please note that we cannot guarantee that the information will not be compromised as a result of unauthorized penetration to our servers. As the security of information depends in part on the security of the computer, device or network you use to communicate with us and the security you use to protect your user IDs and passwords, please make sure to take appropriate measures to protect this information.
• 2.2. Retention of your Personal Data. Until we no longer need the information and proactively delete it or you send a valid deletion request. Please note that we may retain it for a longer or shorter period in accordance with data retention laws. Please note that in some circumstances we may store your Personal Data for longer periods of time, for example (i) where we are required to do so in accordance with legal, regulatory, tax or accounting requirements, or (ii) for us to have an accurate record of your dealings with us in the event of any complaints or challenges, or (iii) if we reasonably believe there is a prospect of litigation relating to your Personal Data or dealings.

3. HOW WE SHARE YOUR PERSONAL DATA

• 3.1. The information Convrt gathers is shared with our partners and other third parties.
• 3.2. We may also share information with our affiliated companies about you.
• 3.3. We may use third party service providers to process your information for the purposes outlined above, including, without limitation:

3.3.1. With cloud service providers for hosting purposes;

3.3.2. With websites and web content creation platforms in order to help us manage our Website;

3.3.3. With email providers, marketing, CRM, other similar tool providers; and

3.3.4. With analytic companies, in order to help us understand and analyze information we collect in accordance with this policy.

• 3.4. To the extent necessary, with regulators, courts, banks or competent authorities, to comply with applicable laws, regulations and rules (including, without limitation, federal, state or local laws), and requests of law enforcement, regulatory and other governmental agencies or if required to do so by court order, as well as for internal compliance procedures and to protect the safety, security, and integrity of Convrt, our services, customers, employees, property, and the public.
• 3.5. If, in the future, we sell or transfer, or we consider selling or transferring, some or all of our business, shares or assets to a third party, we will disclose your information to such third party (whether actual or potential) in connection with the foregoing events (including, without limitation, our current or potential investors). In the event that we are acquired by, or merged with, a third party entity, or in the event of bankruptcy or a comparable event, we reserve the right to transfer, disclose or assign your information in connection with the foregoing events.
• 3.6. Where you have otherwise provided your consent to us for sharing or transferring your information.

4. ADDITIONAL INFORMATION REGARDING TRANSFERS OF PERSONAL DATA

• 4.1. Storage: We store the Personal Data with the following storing companies: Amazon Web Services (AWS).
• 4.2. External transfers: Where we transfer Personal Data protected by GDPR outside of EU/EEA(for example to third parties who provide us with services), we will generally obtain contractual commitments from them to protect your Personal Data. When Convrt engages in such transfers of personal information, it relies on i) Adequacy Decisions as adopted by European Commission on the basis of Article 45 of Regulation (EU)2016/679 (GDPR) (for example, when we access from Israel or when we send information to our service providers that are US Companies certified as part of the EU-US Data Privacy Framework), or ii)Standard Contractual Clauses issued by the European Commission. Convrt also continually monitors the circumstances surrounding such transfers in order to ensure that these maintain, in practice, a level of protection that is essentially equivalent to the one guaranteed by the GDPR (where applicable).
• 4.3. In order to run our business and provide our Website and services to you, we transfer Personal Data to certain countries around the world, including to our affiliates and service providers, many of whom are located outside of your jurisdiction. Therefore, your Personal Data may be processed in countries with privacy laws that are different from privacy laws in your country. Whenever we make such transfers, we will use commercially reasonable efforts to implement an appropriate level of protection to your Personal Data by implementing at least one of the following safeguards:

4.3.1. making sure the destination country has been deemed to provide an adequate level of protection for Personal Data; and/or

4.3.2. by executing implement data onward transfer instruments such as data processing and protection agreements.

5. YOUR PRIVACY RIGHTS.

• 5.1. 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):

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

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

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

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

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

5.1.6. You have the right to demand that we restrict the processing of your personal information, 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.

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

5.1.8. The personal information 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 Titan by contacting Titan directly or by following the instructions through the unsubscribe options in our email messages.

• 5.2. You can exercise your rights by contacting us at privacy@convrt.io. 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 need further information in order to fulfil 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. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive. In the event that your request would adversely affect the rights and freedoms of others (for example, would impact the duty of confidentiality we owe to others) or if we are legally entitled to deal with your request in a different way than requested, we will address your request to the maximum extent possible, all in accordance with applicable law.
• 5.3. Marketing emails – opt-out: You may choose not to receive marketing email of this type by sending a single email with the subject "BLOCK" to privacy@convrt.io. Please note that the email must come from the email account you wish to block OR if you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails, and we will process your request within a reasonable time after receipt.

6. CUSTOMER’S REPRESENTATION AND WARRANTIES

• 6.1. Restrictions on Use. You hereby represent and warrant that you will not, and will not allow any person who is explicitly authorized by you to use the Platform or any other third party to: (i) circumvent, disable or otherwise interfere with security- related features of the Platform or features that have the effect of limiting the use of the Platform; (ii) violate or abuse password protections controlling access to the Platform; (iii) allow any third party to use the Platform except as permitted herein; (iv) sell, rent, lease, license or timeshare the Platform or use it in any service arrangement; (v) copy, modify, reverse engineer, decompile, disassemble or derive, or attempt to derive, the source code of, the Platform or any components thereof;
  (vi) use the Platform to develop a competing service or product; (vii) use any automated means to access the Platform; (viii) interfere or attempt to interfere with the integrity or proper functionality of the Platform; and/or (ix) access, store, distribute, or transmit during the course of its use of the Services any Malicious Code or unlawful, threatening, obscene, infringing, defamatory, pornographic, vulgar or offensive material or any content that is misleading or deceptive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group or use the Platform in any other unlawful manner or in breach of this Agreement;. For the purposes of this Agreement, “Malicious Code” means software viruses, Trojan horses, worms, malware or other computer instructions, devices, or techniques that erase data or programming, infect, disrupt, damage, disable, or shut down a computer system or any component of such computer system.
  6.2. You hereby acknowledge and understand that within the scope of the Services, the Platform allows you to select automation actions to be carried out by the Platform. You hereby acknowledge and agree that any actions made through the Platform, whether AI-generated, automated or directly initiated by you, are solely your responsibility. Convrt shall have no responsibility or liability whatsoever for any direct, indirect, incidental, special and/or consequential damages, loss of profits, loss of business, loss of opportunity, loss of data and/or loss of use in connection with such actions.
  6.3. You hereby acknowledge and agree that Convrt shall not be liable for any interaction made through the Platform involving any of your clients, including any consequences arising from such interactions.
  6.4. You hereby confirm that you are aware of the potential risks associated with your use of the Platform, including the possibility of restrictions or penalties imposed on your social media profiles. You understand the potential consequences of such actions and agree that the Convrt shall not be liable for any such restrictions, penalties, or other related liabilities in such cases.

7. INTELLECTUAL PROPERTY RIGHTS

• 7.1. Platform. All intellectual property rights and all other rights, title and interest of any nature in and to the Platform, and any related content, documentation and Services provided or made available by Convrt hereunder, including all modifications, upgrades, customizations and derivative works (whether or not permitted under this Agreement) thereof, are and shall remain the exclusive property of Convrt.
  7.2. Feedback. If Convrt receives any feedback (e.g., questions, comments, suggestions or the like) regarding the Platform and/or the Services (collectively, “Feedback”), all rights in such Feedback shall belong exclusively to Convrt and you hereby agree and undertake not to challenge such ownership.

8. CONFIDENTIALITY

• Each of you and Convrt may have access to certain non-public and/or proprietary information of the other party, in any
  form or media, including (without limitation) confidential trade secrets and other information related to the products, software, technology, data, know-how, or business of the other party, whether written or oral, and any such other information that, regardless of the manner in which it is furnished and given the totality of the circumstances, a reasonable person or entity should have reason to believe is proprietary, confidential, or competitively sensitive (the “Confidential Information”). For clarity, the provisions of the Services and any other agreement and understanding between you and Convrt shall also be deemed Confidential Information. Each you and Convrt shall take reasonable measures, at least as protective as those taken to protect its own confidential information, but in no event less than reasonable care, to protect the other party's Confidential Information from disclosure to a third party. Neither you or Convrt shall use or disclose the Confidential Information of the other party except as expressly permitted under this Privacy Policy and Terms of Use and the Services and any other agreement and understanding between you and Convrt. All right, title and interest in and to Confidential Information are and shall remain the sole and exclusive property of the disclosing party.

9. REFERENCE CUSTOMER

• You hereby acknowledge and agree that Convrt may use your name, trademark and logo on our website and in its promotional and other materials to state that you are a customer of Convrt and a Platform user.

10. USE BY CHILDREN

• We do not offer our products or services for use by children and, therefore, we do not knowingly collect Personal Data from, and/or about children under the age of eighteen (18). If you are under the age of eighteen (18), do not provide any Personal Data to us without involvement of a parent or a guardian. For the purposes of the GDPR, we do not intend to offer information society services directly to children. In the event that we become aware that you provide Personal Data in violation of applicable privacy laws, we reserve the right to delete it. If you believe that we might have any such information, please contact us at privacy@convrt.io.

11. WARRANTY DISCLAIMER

• YOU HEREBY ACKNOWLEDGE AND UNDERSTAND THAT EXCEPT AS EXPRESSLY SET FORTH HEREIN:THE PLATFORM AND SERVICES (INCLUDING ANY GENERATIVE AUTOMATIONS) ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES WHATSOEVER CONCERNING THE USE OR PERFORMANCE OF THE PLATFORM; AND (II) ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, NON- INTERFERENCE, ACCURACY, RELIABILITY AND QUALITY OF THE PLATFORM ARE HEREBY EXPRESSLY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND YOU HEREBY EXPRESSLY WAIVE ALL SUCH WARRANTIES. CONVRT WILL NOT BE LIABLE OR RESPONSIBLE FOR: (A) ANY TECHNICAL PROBLEMS OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES); AND/OR (B) ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICE PROVIDER.
• CONVRT DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT, REPORTS, INFORMATION, OR RESULTS THAT YOU OBTAIN THROUGH USE OF THE PLATFORM (COLLECTIVELY, “REPORTS”), OR THAT THE REPORTS ARE COMPLETE OR ERROR-FREE. YOUR USE OF AND RELIANCE UPON THE PLATFORM AND ANY REPORTS IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND CONVRT SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU IN CONNECTION WITH ANY OF THE FOREGOING.

12. LIMITATION OF LIABILITY

• EXCEPT FOR WILLFUL MISCONDUCT, GROSS NEGLIGENCE OR FRAUD, CONVRT'S LIABILITY TOWARDS YOU SHALL NOT EXCEED AN AMOUNT EQUAL TO THE CONSIDERATIONS PAYABLE HEREUNDER BY YOU TO CONVRT DURING THE THREE (3) MONTH PERIOD PRECEDING THE DATE OF THE APPLICABLE CLAIM. CONVRT SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL AND/OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF DATA AND/OR LOSS OF USE.

13. INDEMNITY

• You will indemnify and hold Convrt and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services and/or the Platform, (b) any content you may provide on the Platform including your Personal Data, or (c) your violation of these Privacy Policy and Terms of Use.

14. COOKIES AND ANALYTIC TOOLS

• Cookies. Our Services may utilize “cookies”, anonymous identifiers and other tracking technologies in order to for us to provide our Services and present you with information that is customized for you. A “cookie” is a small text file that may be used, for example, to collect information about activity on the Services. Certain cookies and other technologies may serve to recall Personal Information, such as an IP address, previously indicated by a user. 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 you may choose to block cookies with your browser.
• Customer.io. We use a tool called "Customer.io" in connection with our Website. For more information about how Customer.io collects and uses your data, visit their privacy policy at: https://customer.io/legal/privacy-policy/.
• Google Analytics. The Website uses a tool called “Google Analytics” to collect information about use of the Website. Google Analytics collects information such as how often users visit this Website, what pages they visit when they do so, and what other websites they used prior to coming to this Website. We use the information we get from Google Analytics to maintain and improve the Website and our products. We do not combine the information collected through the use of Google Analytics with information we collect. Google’s ability to use and share information collected by Google Analytics about your visits to this Website is restricted by the Google Analytics Terms of Service, available at https://marketingplatform.google.com/about/analytics/terms/us/,and the Google Privacy Policy, available at http://www.google.com/policies/privacy/.You may learn more about how Google collects and processes data specifically in connection with Google Analytics at http://www.google.com/policies/privacy/partners/.You may prevent your data from being used by Google Analytics by downloading and installing the Google Analytics Opt-out Browser Add-on, available at https://tools.google.com/dlpage/gaoptout/.
• Microsoft Clarity. We partner with Microsoft Clarity and Microsoft Advertising to capture how you use and interact with our website through behavioral metrics, heatmaps, and session replay to improve and market our products/services. Website usage data is captured using first and third-party cookies and other tracking technologies to determine the popularity of products/services and online activity. Additionally, we use this information for site optimization, fraud/security purposes, and advertising. For more information about how Microsoft collects and uses your data, visit the Microsoft Privacy Statement.
• Mixpanel. We collect Personal Information such as your email address and your user activity through the use of Mixpanel. Mixpanel’s ability to use and share information is governed by the Mixpanel Terms of Use, available at https://mixpanel.com/terms/, and the Mixpanel Privacy Policy, available at https://mixpanel.com/privacy/. You can opt-out of Mixpanel’s services by clicking on the following link: https://mixpanel.com/optout/.
• We reserve the right to remove or add new analytic tools.

15. SPECIFIC PROVISIONS APPLICABLE UNDER CALIFORNIA PRIVACY LAW

1. California Privacy Rights: California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of information to third parties for their direct marketing purposes. To make such a request, please send an email to privacy@convrt.io. Please note that we are only required to respond to one request per customer each year.
2. Our California Do Not Track Notice (Shine the Light): We do not currently respond or take any action with respect to web browser “do not track” signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personally identifiable information about an individual consumer’s online activities over time and across third-party web sites or online services. We may allow third parties, such as companies that provide us with analytics tools, to collect personally identifiable information about an individual consumer’s online activities overtime and across different web sites when a consumer uses the Website.
3. Marketing emails – opt-out: You may choose not to receive marketing emails from us, you can exercise that choice by sending a single email with the subject "BLOCK" to privacy@convrt.io Please note that the email must come from the email account you wish to block from receiving marketing communications.

16. GOVERNING LAW

This Privacy Policy and Terms of Use shall be governed by and construed under the laws of the State of New-York without reference to principles and laws relating to the conflict of laws. The competent court of the State of New-York, shall have the exclusive jurisdiction with respect to any dispute and action arising under or in relation to this Privacy Policy and Terms of Use.

17. CONTACT US

If you have any questions, concerns or complaints regarding our compliance with this notice and the data protection laws, or if you wish to exercise your rights, we encourage you to first contact us at privacy@convrt.io

I HAVE READ THIS PRIVACY POLICY AND TERMS OF USE CAREFULLY AND UNDERSTAND AND AGREE TO ITS PROVISIONS.