Last Updated: August 2022
We process three main categories of personal data:
- User Data: personal data relating to developers who use the Platform to create an e-commerce app or others who use our Platform’s features or applications (such as website’s owners or merchants) (collectively, “Users”), whether if such Users act as individuals or on a Customer’s behalf;
- Prospect Data: personal data relating to visitors of our website, participants at our events, and any other prospective Customer, User, or business partner who visits or otherwise interacts with our Services (collectively, “Prospects”);
- Business Data: If we provide our Services to a business corporate customer (a “Customer”), then we may process personal data relating to our Customers’ internal focal persons who directly engage with Common Ninja concerning their organizational use of our Services, their billing contacts and authorized signatories acting on their behalf; as well as the Customers’ business needs and preferences, as identified to us or recognized through our engagement with them.
Additionally, Users may use our Common Ninja API to create integrations with third-party e-commerce platforms. When they do so, they may share with us information concerning their shoppers, website visitors, or end-users (“End-Users” and “End-User Information”, respectively). If such End-User Information contains personal data, we will process it as a data processor, on behalf and under the instruction of the respective User (or Customer, as appropriate) and in accordance with our Data Processing Addendum.
- Data Collection & Processing
- Data Uses
- Data Location
- Data Retention
- Data Disclosure
- Cookies and Data Collection Technologies
- Data Security
- Data Subject Rights
- Data Controller/Processor
- Additional Notices
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 use of our Services or interaction with us.
You may also choose not to provide us with “optional” personal data (when applicable), but please keep in mind that without it, we may not be able to provide you with the full range of our Services or with the best user experience when using our Services.
1. Data Collection & Processing
Specifically, we may collect the following types of personal data:
- User Account Information (names, email addresses, passwords and profile pictures, and additional personal data provided to us during the creation of the User’s account);
- Direct Interactions and Communications with Us (may include recordings and transcripts of your calls and emails with us, e.g., for user enablement or technical support); and
- Platform Usage Information (connectivity, technical and aggregated usage data, such as user agent, IP addresses, device data (like type, OS, device id, browser version, locale and language settings used), activity logs, session recordings, and the cookies installed or utilized on their device).
- Information Concerning Our Prospects (contact details and personal data contained in communications with such prospects);
- Website Usage Information (connectivity, technical and aggregated usage data, such as user agent, IP addresses, device data (like type, OS, device id, browser version, locale and language settings used), activity logs, session recordings, and the cookies and pixels installed or utilized on their device).
- Business Data (contact details and information regarding our Customers’ business representatives, e.g., names, business emails, position and personal data contained in communications).
2. Data Uses
We use personal data as necessary for the performance of our Services (“Performance of Contract”); to comply with our legal and contractual obligations (“Legal Obligation”); and to support our legitimate interests in maintaining and improving our Services, e.g., in understanding how our Services are used, how our campaigns are performing, and gaining insights which help us dedicate our resources and efforts more efficiently; in marketing, advertising, and selling our Services, providing customer service and support operations, and protecting and securing our Users, Customers, Prospects, ourselves and our Services (“Legitimate Interests”).
Specifically, we use personal data for the following purposes and in reliance on the legal bases for processing noted next to them, as appropriate:
- To facilitate, operate, enhance and provide our Services (Performance of Contract; Legitimate Interests);
- To provide assistance and support, to test and monitor the Services, or diagnose or fix technology problems (Performance of Contract; Legitimate Interests);
- To personalize our Services, including by recognizing an individual and remembering their information when they return to our Services, and to provide further localization and personalization capabilities (Performance of 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. Such activities allow us to highlight the benefits of using our Services and thereby increase your engagement and overall satisfaction with our Services. This includes contextual, behavioral, and interest-based advertising based on your activity, preferences or other data available to us or to our business partners (Legitimate Interests; Consent); and
- To facilitate, sponsor and offer certain events, contests, and promotions (Legitimate Interests).
- To gain a better understanding of how individuals use and interact with our Services, which content and data they have processed through our Services, and how we could improve their user experience and the value they can generate from using the Services, so we could continue improving our products, offerings and the overall performance of our Services (Legitimate Interests);
- To contact our Users, Customer and Prospect with general or personalized service-related messages, as well as promotional messages that may be of specific interest to them (Performance of Contract; 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; Legitimate Interests; Legal Obligation);
- To create aggregated statistical data, inferred non-personal data, or anonymized or pseudonymized data (rendered non-personal and non-identifiable), which our business partners or we may use to provide and improve our respective Services, or for any other purpose (Legitimate Interests);
- To enforce our Terms & Conditions, 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);
- For any other lawful purpose or other purposes that you consent to (Legal Obligation; Consent).
3. Data Location
We and our authorized Service Providers (defined below) maintain, store and process personal data in the United States of America, Europe, Israel and other locations, as reasonably necessary for the proper performance and delivery of our Services, or as may be required by law.
Common Ninja Ltd. is headquartered in Israel, a jurisdiction which is considered by the European Commission and the UK Secretary of State to be offering an equally adequate level of protection for personal data as is granted in the EEA and the UK, respectively. We transfer personal data from the EEA (including Switzerland) and the UK to Israel on this basis. For data transfers from the EEA or UK to countries which are not considered to be offering an adequate level of data protection, we and the relevant data exporters and importers have entered into Standard Contractual Clauses as approved by the European Commission and UK ICO. You can obtain a copy by contacting us as indicated in Section 11 below.
4. Data Retention
We retain personal data for as long as reasonably necessary for us 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 to have proof and evidence concerning our relationship, should any legal issues arise following your discontinuance of use), all in accordance with our contractual terms and data retention policy.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data, and the applicable legal requirements.
If you have any questions about our data retention practices, please contact us by e-mail at [email protected].
5. Data Disclosure
We disclose personal data in the following ways:
Service Providers: We may engage selected third-party companies and individuals to perform services on our behalf or complementary to our own. Such service providers include hosting and server co-location services, communications and content delivery networks (CDNs), data security services, billing and payment processing services, fraud detection and prevention services, web and product analytics, e-mail distribution and monitoring services, integrations and applications creation services, session or activity recording services, remote access services, content transcription and analysis services, performance measurement, data optimization and marketing services, social and advertising networks, content and data enrichment providers, event production and hosting services, e-mail, voicemails, support, enablement and customer relation management systems, and our legal, financial and compliance advisors (collectively, “Service Providers“). Our Service Providers may have access to personal information, depending on each of their specific roles and purposes in facilitating and enhancing our Services, and may only use the data as determined in our agreements with them.
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.
Event Sponsors: If you attend an event or webinar organized by us, or download or access an asset on our website related to such an event, webinar or other activity involving third party sponsors or presenters, we may share your personal data with them. If required by applicable law, you may consent to such sharing via the registration form or by allowing your attendee badge to be scanned at a sponsor booth. In these circumstances, your personal data will be subject to the sponsors’ privacy statements. If you do not wish for your personal data to be shared, you may choose to not opt-in via event/webinar registration or elect to not have your badge scanned, or you can opt-out in accordance with Section 9 below.
Protecting Rights and Safety: We may share your personal data with others if we believe in good faith that this will help protect the rights, property or personal safety of Common Ninja, any of our Users, Customers and Prospects or any members of the general public.
For the avoidance of doubt, Common Ninja may share your personal data in additional manners, such as pursuant to your explicit approval, if we are legally obligated to do so, or if we have successfully rendered such data non-personal and anonymous. We may transfer, share or otherwise use non-personal data at our sole discretion and without the need for further approval.
6. Cookies and Data Collection Technologies
Cookies are packets of information sent to your web browser and then send back by the browser each time it accesses the server that sent the cookie. Some cookies are removed when you close your browser session. These are the “Session Cookies”. Some last for longer periods and are called “Persistent Cookies”. We use both types.
We use Persistent Cookies to remember your log-in details and make it easier for you to log-in the next time you access the Platform. We may use this type of cookies and Session Cookies for additional purposes, to facilitate the use of the Services’ features and tools. We may also use HTML5 local storage or Flash cookies for the above-mentioned purposes. These technologies differ from browser cookies in the amount and type of data they store, and how they store it.
Whilst we do not change our practices in response to a “Do Not Track” signal in the HTTP header from a browser or mobile application, you can manage your cookies preferences, including whether or not to accept them and how to remove them, through your browser settings. Please bear in mind that disabling cookies may complicate or even prevent you from using the Services.
We also use web analytics tools, including Google Analytics and Mixpanel. These tools help us understand Users’ and Prospects’ behavior on our Services, including by tracking page content, and click/touch, movements, scrolls and keystroke activities. Further information about the privacy practices of our analytics service providers is available at: www.google.com/policies/privacy/partners/ and https://mixpanel.com/terms/. Further information about your option to opt-out of these analytics services is available at: https://tools.google.com/dlpage/gaoptout and https://mixpanel.com/optout. Please note that if you get a new computer, install a new browser, erase or otherwise alter your browser’s cookie file (including upgrading certain browsers), you may also clear the opt-out cookies installed once you opt-out, so an additional opt-out will be necessary to prevent additional tracking.
For more information on our cookie and data collection technologies practices, you may also use the “Cookie Settings” feature available in our Services depending on your location and activity on our Services, as applicable.
Service Communications: We may contact you with important information regarding our Services. For example, we may send you notifications (through any of the means available to us) of changes or updates to our Services, billing issues, log-in attempts or password reset notices, etc. If you are registered as a User on our Platform, you can typically control your communications and notifications settings from your profile settings, or otherwise in accordance with the instructions included in the communications sent to you. Please note that you will not be able to opt out of receiving certain service communications which are integral to your use (like password resets or billing notices).
Promotional Communications: We may also notify you about new features, additional offerings, events, special opportunities or any other information we think you will find valuable, as our User, Customer or Prospect. We may provide such notices through any of the contact means available to us (e.g., phone, mobile or e-mail), through the Services, or through our marketing campaigns on any other sites or platforms.
If you do not wish to receive such promotional communications, you may notify us at any time by sending an e-mail to: [email protected], changing your communications preferences in your profile settings whilst being logged to the Platform, or by following the “unsubscribe”, “stop”, “opt-out” or “change e-mail preferences” instructions contained in the promotional communications you receive.
8. Data Security
We implement systems, applications and procedures designed to secure your personal data, to minimize the risks of theft, damage, loss of information, or unauthorized access or use of information. However, we cannot guarantee that our Services will be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kings of abuse and misuse.
9. Data Subject Rights
Individuals have rights concerning their personal data. Please contact us by e-mail at: [email protected] if you wish to exercise your privacy rights under any applicable law, including the EU or UK General Data Protection Regulation (GDPR) or the California Consumer Privacy Act (CCPA), such as – to the extent applicable – the right to know/request access to (specific pieces of personal data collected; categories of personal data collected; categories of sources from whom the personal data was collected; purpose of collecting personal data; categories of third parties with whom we have shared personal data), to request rectification or erasure of your personal data held with Common Ninja, or to restrict or object to such personal data’s processing (including the right to direct us not to sell your personal data to third parties now or in the future), or to port such personal data, or the right to equal services and prices (e.g. freedom from discrimination) (each to the extent available to you under the laws which apply to you). If you are a GDPR-protected individual, you also have the right to lodge a complaint with the relevant supervisory authority in the EU or the UK, as applicable.
Please note that when you ask us to exercise any of your rights under this policy or applicable law, we may need to ask you to provide us certain credentials to make sure that you are who you claim you are, to avoid disclosure to you of personal data related to others and to ask you to provide further information to better understand the nature and scope of data that you request to access. Such additional data will be then retained by us for legal purposes (e.g., as proof of the identity of the person submitting the request).
We may redact from the data which we will make available to you, any personal data related to others.
10. Data Controller/Processor
Certain data protection laws and regulations, such as the EU GDPR, UK GDPR or the CCPA, typically distinguish between two main roles for parties processing personal data: the “Data Controller” (or under the CCPA, “business”), who determines the purposes and means of processing; and the “Data processor” (or under the CCPA, “service provider”), who processes the data on behalf of the Data Controller (or business, if the CCPA applies). Below we explain how these roles apply to our Services, to the extent that such laws and regulations apply.
Common Ninja is the “Data Processor” of End-User Information. We receive such End-User Information through our Common Ninja API or through other features, applications or widgets of our Platform used by our Users to share with us End-User Data. In such cases, we will process such data solely on behalf of the respective User or Customer (as appropriate), under their reasonable instructions, and in accordance with our Terms & Conditions and our Data Processing Addendum. Accordingly, our Users and Customers will be responsible for meeting any legal requirements applicable to Data Controllers (such as establishing a legal basis for processing and responding to Data Subject Rights requests concerning the data they control).
11. Additional Notices
Children: Our Services are not designed to attract children under the age of 16. We do not knowingly collect personal data from children and do not wish to do so. If we learn that a person under the age of 16 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].