MEMBIT - Privacy Policy

MEMBIT PRIVACY POLICY

Last Updated: August 23, 2021

This privacy policy (“Privacy Policy”) governs how we, Membit (Abaza) Ltd. (together, “Membit” “we”, “our” or “us”) use, collect and store Personal Data we collect or receive from or about you (“User”, “you”) such as in the following use cases:

When you browse or visit our website, https://membit.io (“Website”);
When you make use of, or interact with, our Website
1. When you request a free trial and or create an administrator account
2. When you contact us (e.g. customer support, help, submit a request for integration with another operational system)
When you visit our admin tool
When you make use of, or interact with, our Admin Tool
1. When you login to the admin tool
2. When you contact us (e.g. Customer support, chat)
When you browse or visit our product as an end user (e.g., web or mobile widget, chat, messengers or voice calls)
When you interact with our product as an end user (e.g., web or mobile widget, chat, messengers or voice calls)
1. When you use our product
When you attend a marketing event and provide Personal Data
When you exchange business cards with us
When we acquire your Personal Data of our service providers
When we use the Personal Data of our customers
When you interact with us on our social media profiles (e.g., Facebook, LinkedIn, Instagram, Twitter)

We greatly respect your privacy, which is why we make every effort to provide a platform that would live up to the highest of user privacy standards. Please read this Privacy Policy carefully, so you can fully understand our practices in relation to Personal Data. “Personal Data” means any information that can be used, alone or together with other data, to uniquely identify any living human being. Please note that this is a master privacy policy and some of its provisions only apply to individuals in certain jurisdictions. For example, the legal basis in the table below is only relevant for GDPR-protected individuals.

Table of contents:

What information we collect, why we collect it, and how it is used
Public information about your activity on the services
How we protect and store your personal data
How we share your personal data
Additional information regarding transfers of personal data
Your rights
Use by children
How can I delete my account?
Links to and interaction with third party product
Log files
Cookies and other tracking technologies
Analytic tools
California privacy rights
Our California do not track notice
Deletion of content from California residents
How to contact us

This Privacy Policy can be updated from time to time and therefore we ask you to check back periodically for the latest version of the Privacy Policy, as indicated below. If there will be any significant changes made to the use of your Personal Data in a manner different from that stated at the time of collection, we will notify you by posting a notice on our Website or by other means.

Membit provides a customer support automation tool. For avoidance of doubt, for the purposes of this Privacy Policy, a “Customer” is an entity which has executed an agreement with Membit and allows Membit collect certain personal data on behalf of such Customer. If you are a person whose personal data is collected as a result of the services ("End User(s)"), please note that the Customer is the responsible party for obtaining the required consents and complying with any applicable laws or regulations.

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

Data we collect

Why is the data collected and for what purposes?

Legal basis (GDPR only)

Third parties with whom we share your data

Consequences of not providing the data

When you browse or visit our Website

Cookies, analytic tools and log files

For more information, please read our Cookies Policy

To improve the services, to analyze the use of the website and campaigns

Consent

Legitimate interest (e.g. essential cookies)

3^rd party platforms such as for the following purposes:

· AWS (Cloud)

· Google (Analytic tool)

Cannot collect and store the information

Cannot use or access some parts of the Website

When you make use of, or interact with, our Website

When you request a free trial and or create an administrator account

· Full name

· Company name

· Email address

· Password

· URL

· Security details of the back office

· Any other data that you decide to supply/provide us

· To provide a free trial

· To provide access to the admin tool

· To provide a widget

· To provide a service to our customers for their users

· To perform the applicable agreement

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.

Legitimate interest (e.g., to provide a free trial)

3^rd party platforms such as for the following purposes:

· AWS (cloud)

Cannot provide a free trial

Cannot provide access to the admin tool

Cannot provide a widget

Cannot provide a service to our customers for their users

Cannot perform the applicable agreement

· Full name

· Email address

· To send out marketing communications

Consent

Cannot send marketing communications

When you contact us (e.g. customer support, help, submit a request for integration with another operational system)

· Full name

· Company name

· Email address

· Phone number

· Message

· Any other data that you decide to supply/provide us

· To process and answer questions

· To provide support (e.g., to solve problems, bugs or issues)

· To customize your experience

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

Legitimate interest (e.g. respond to a query sent by you)

3^rd party platforms such as for the following purposes:

· AWS (cloud)

Cannot assist you and respond your query

Cannot provide support

Cannot customize your experience

· Full name

· Email address

· To send out marketing communications

Consent

Cannot send out marketing communications

When you visit our admin tool

Cookies, analytic tools and log files

To track the traction on the dashboard

Consent

Legitimate interest (e.g. essential cookies)

3^rd party platforms such as for the following purposes:

· AWS (Cloud)

· Google (Analytic tool)

Cannot collect and store information

Cannot use or access some parts and/or features of the dashboard

When you make use of, or interact with our Admin Tool

When you login to the admin tool

· Full name

· Email address

· Phone number

· Company name

· Username and password

· Back Office URL

· API Key, Token

· Client ID

· Client secret

· Usage patterns

· Payment method

· Any information and/or end user data that the customer decides to provide through the back office system

· Conversation history of the tool

· Message data (i.e., message content, to whom, date)

· Any other information that you decide to supply/provide us

· To configure the back office and security information

· To configure the channels and security details of the channels

· To configure notifications, texts, information, behavior of the tool

· To check the history of the use of the tool

· To perform/execute the agreement

· To grant you access to the admin tool

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

Legitimate interest (e.g. to login to the admin tool)

3^rd party platforms such as for the following purposes:

· AWS (cloud)

· Social media channels within which to provide the services (Facebook, Whatsapp)

· Twilio (communication tool service)

Cannot configure the back office and security information

Cannot configure the channels and security details of the channels

Cannot configure notifications, texts, information, behavior of the tool

Cannot check the history of the use of the tool

Cannot perform the agreement

Cannot grant you access to the admin tool

When you contact us (e.g. customer support, chat)

· Full name

· Company name

· Email address

· Phone number

· Message

· Any other data that you decide to supply/provide us

· To process and answer questions

· To provide support (e.g., to solve problems, bugs or issues)

· To customize your experience

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

Legitimate interest (e.g. respond to a query sent by you)

3^rd party platforms such as for the following purposes:

· AWS (cloud)

Cannot assist you and respond your query

Cannot provide support

Cannot customize your experience

· Full name

· Email address

· To send marketing communications

Consent

Cannot provide marketing communications

When you browse or visit our product as an End User (e.g., web or mobile widget, chat, messengers or voice calls)

Cookies, analytic tools and log files

To track the traction on the dashboard

Consent

Legitimate interest (e.g. essential cookies)

3^rd party platforms such as for the following purposes:

· AWS (cloud)

Cannot collect and store information

Cannot use or access some parts of the dashboard

Cannot send marketing materials

When you interact with our product as an End User (e.g., web or mobile widget, chat, messengers or voice calls)

When you make use our product

· Full name

· Company name

· Address

· Email address

· Telephone

· Identity number

· Customer ID

· Age

· Gender

· Message – history

· Credit card details

· Any End Users data that the customer provides through the back office system

· Any other data that you as an End User provides/supply to us

· To make use of our product and services as an End User

· To process and answer requests

· To help you as an End User to execute tasks (e.g, to get an appointment with a doctor, to make payments)

· To provide support

· To customize your experience

NOTE: For certain scenarios we will send you SMS and/or Emails for example in the following situations: to corroborate your identity, to send you reminders, to send you the receipt of your payment and/or the details of your appointment.

If you are an End User (as defined above), please note that our Customer is legally responsible for the collection, transfer and use of your personal data. Membit is providing a service on behalf of the Customer, so you should contact the Customer for any privacy-related questions.

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

Legitimate interest (e.g. to make use of our product as an End User)

3rd party platforms such as for the following purposes:

· AWS (cloud)

· Google (DialogFlow)

· Social media channels within which to provide the services (Facebook, Whatsapp)

· Twilio (communication tool service)

· Smooch (communication services)

· Glassix (communication services)

Cannot make use of our product as an End User

Cannot process and answer requests

Cannot help you to execute tasks

Cannot provide support

Cannot customize your experience

When you attend a marketing event and provide Personal Data

· Full name

· Company name

· Email address

· Phone number

· Any other data that you decide to supply/provide us

· To establish a business connection

· To send marketing communications

Depending on the context, consent or legitimate interest (e.g. send you more information about Membit in certain B2B situations)

3^rd party platforms such as for the following purposes:

· Google (docs)

· AWS (cloud)

Cannot establish a business connection

Cannot send marketing communications

When you exchange business cards with us

· Full name

· Company name

· Email address

· Phone number

· Any other data that you decide to supply/provide us

· To establish a business connection

· To send marketing communications

Depending on the context, consent or legitimate interest (e.g. send you more information about Membit in certain B2B situations)

3^rd party platforms such as for the following purposes:

· Google (docs)

· AWS (cloud)

Cannot establish a business connection

Cannot send marketing communications

When we use the Personal Data of our service providers and suppliers

· Full name

· Company name

· Job title

· Email address

· Phone number

· Any other data that you decide to supply/provide us

· To contact our service providers

· To perform the applicable agreement

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

Legitimate interest (e.g. perform the contract, send contract-related communications)

3^rd party platforms such as for the following purposes:

· Google (docs)

· AWS (cloud)

Cannot communicate with you

Cannot perform the agreement

When we use the Personal Data of our customers

· Full name

· Company name

· Email address

· Phone number

· Any other data that you decide to supply/provide us

● To provide our products and services

● To perform the applicable agreement

● To communicate with our customers/clients

Processing is necessary for the performance of a contract to which our customer is a party.

Compliance with a legal obligation (e.g. tax laws, bookkeeping laws, etc.).

Legitimate interest (e.g. send you contract-related communications)

3^rd party platforms such as for the following purposes:

· Google (docs)

· AWS (cloud)

Cannot provide the services and/or our products

Cannot perform the agreement

Cannot communicate with you

· Full name

· Email address

● To send marketing communications

Consent

Cannot send marketing communications

When you interact with us on our social media profiles (e.g., Facebook, LinkedIn, Instagram, Twitter)

· Full name

· Company name

· Email address

· Phone number

· Any other data that you decide to supply/provide us

● To reply and/or respond to your request or question

● To establish a first business connection/discussion

Consent

Legitimate interest (e.g. send you more information about Membit)

3^rd party platforms such as for the following purposes:

· Facebook

· LinkedIn

Cannot reply or respond to your request

Cannot establish a business connection

PERIOD OF STORAGE OF COLLECTED INFORMATION

Personal Data. Your Personal Data (as described above) will be stored 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. We have an internal data retention policy to ensure that we do not retain your Personal Data perpetually.

Cookies. This depends on the cookie in question. Some cookies (e.g. essential cookies) cannot be disabled. You may also control and delete these cookies through your browser settings. Read more in our Cookies Policy

HOW WE PROTECT AND STORE YOUR INFORMATION
- Security. We have implemented appropriate technical, organizational and security measures designed to reduce the risk of accidental destruction or loss, or the unauthorized disclosure or access to such information appropriate to the nature of the information concerned. However, please note that we cannot guarantee that the information will not be exposed 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.

Retention of your Personal Data. In addition to the retention periods mentioned in Section 2 above, 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.

HOW WE SHARE YOUR PERSONAL DATA

In addition to the recipients described in Section 1, we may share your information as follows:

To the extent necessary, with regulators, to comply with all applicable laws, regulations and rules, and requests of law enforcement, regulatory and other governmental agencies or if required to do so by court order;
If, in the future, we sell or transfer some or all of our business or assets to a third party, we will (to the minimum extent required) disclose information to a potential or actual third party purchaser of our business or assets. 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 or assign Personal Data in connection with the foregoing events.
Where you have provided your consent to us sharing the Personal Data (e.g., where you provide us with marketing consents or opt-in to optional additional services or functionality); and
Where we receive requests for information from law enforcement or regulators, we carefully validate these requests before any Personal Data is disclosed.

ADDITIONAL INFORMATION REGARDING TRANSFERS OF PERSONAL DATA

Access from Israel: Access from Israel is covered by Israel’s Adequacy Decision and involves no data transfer issue. You can read more about this here: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en

External transfers:

Where we transfer your Personal Data outside of EU/EEA, for example to third parties who help provide our products and services, we will obtain contractual commitments from them to protect your Personal Data.

Some of these assurances are well recognized certification schemes like the EU - US Privacy Shield for the protection of Personal Data transferred from within the EU to the United States; or

Where we receive requests for information from law enforcement or regulators, we carefully validate these requests before any Personal Data is disclosed.

YOUR RIGHTS

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 the GDPR):

You have a right to access information held about you. Your right of access may normally be exercised free of charge, however we reserve the right to charge an appropriate administrative fee where permitted by applicable law;

You have the right to request that we rectify any Personal Data we hold that it is inaccurate or misleading;

You have the right to request the erasure of the Personal Data that relates to you. Please note that there may be circumstances in which we are required to retain your data, for example for the establishment, exercise or defense of legal claims;
The right to object, to or to request restriction, of the processing. However, there may be circumstances in which we are legally entitled to refuse your request;
The right to data portability. This means that you may have the right to receive your Personal Data in a structured, commonly used and machine-readable format, and that you have the right to transmit that data to another controller;
You have the right to object to profiling;
You have a right to lodge a complaint with your local data protection supervisory authority (i.e., your place of habitual residence, place or work or place of alleged infringement) at any time. We ask that you please attempt to resolve any issues with us before you contact your local supervisory authority;
The right to withdraw your consent. Please note that there may be circumstances in which we are entitled to continue processing your data, in particular if the processing is required to meet our legal and regulatory obligations.

You also have a right to request details of the basis on which your Personal Data is transferred outside the European Economic Area, but you acknowledge that data transfer agreements may need to be partially redacted for reasons of commercial confidentiality.

You can exercise your rights by contacting us at privacy@membitbot.com. Subject to legal and other permissible considerations, we will make every reasonable effort to honor your request promptly or inform you if we require further information in order to fulfil your request. When processing your request, we may ask you for additional information to confirm your identity and for security purposes, before disclosing the Personal Data requested to you. 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 initial requested, we will address your request to the maximum extent possible, all in accordance with applicable law.

USE BY CHILDREN

We do not offer our products or services for use by children. If you are under 18, you may not use the Website, or provide any information to the Website without involvement of a parent or a guardian. We do not knowingly collect information from, and/or about children.

HOW CAN I DELETE MY ACCOUNT?

Should you ever decide to delete your Account, you may do so by emailing privacy@membitbot.com. If you terminate your Account, any association between your Account and information we store will no longer be accessible through your Account. However, given the nature of sharing on the Services, any public activity on your Account prior to deletion will remain stored on our servers and will remain accessible to the public.

LINKS TO AND INTERACTION WITH THIRD PARTY PRODUCTS

The Website may enable you to interact with or contain links to your Third Party Account and other third party websites, mobile software applications and services that are not owned or controlled by us (each a “Third Party Service”). We are not responsible for the privacy practices or the content of such Third Party Services. Please be aware that Third Party Services may collect Personal Data from you. Accordingly, we encourage you to read the terms and conditions and privacy policy of each Third Party Service that you choose to use or interact with.

LOG FILES

We may make use of log files. The information inside the log files includes internet protocol (IP) addresses, type of browser, Internet Service Provider (ISP), date/time stamp, referring/exit pages, clicked pages and any other information your browser may send to us. We may use such information to analyze trends, administer the Website, track users’ movement around the Website, and gather demographic information.

COOKIES AND OTHER TRACKING TECHNOLOGIES

Our Website may utilize “cookies”, anonymous identifiers and other tracking technologies in order to for us to provide our Website 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 Website. Certain cookies and other technologies may serve to recall Personal Data, 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.

ANALYTIC TOOLS

Google Analytics. The Website may use 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 personally identifiable information. 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 http://www.google.com/analytics/terms/us.html/, 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/.
Firebase Analytics. We also use a similar tool called “Google Analytics for Firebase”. By enabling this tool, we enable the collection of data about App Users, including via identifiers for mobile devices(including Android Advertising ID and Advertising Identifier for iOS), cookies and similar technologies. We use the information we get from Google Analytics for Firebase to maintain and improve our App(s). We do not facilitate the merging of personally-identifiable information with non-personally identifiable information unless we have robust notice of, and your prior affirmative (i.e., opt-in) consent to, that merger. Finally, please note that Google Analytics for Firebase’s terms (available at https://firebase.google.com/terms/) shall also apply.
Facebook Pixels and SDKs. We use Facebook pixels or SDKs, which are tools that provide help to website owners and publishers, developers, advertisers, business partners (and their customers) and others integrate, use and exchange information with Facebook, as such the collection and use of information for ad targeting. Please note that third parties, including Facebook, use cookies, web beacons, and other storage technologies to collect or receive information from your websites and elsewhere on the internet and use that information to provide measurement services and target ads. Facebook’s ability to use and share information is governed by the Facebook Tools Terms, available at: https://www.facebook.com/legal/technology_terms/. You can prevent your data from being used by Facebook Pixels and SDKs by exercising your choice through these mechanisms: http://www.aboutads.info/ choices or http://www.youronlinechoices.eu/.

Google Signals. The Website uses a tool called “Google Signals” to collect information about use of the Website. When we activate Google Signals, some existing Google Analytics features are updated to also include aggregated data from Google users who have turned on “Ads Personalization” (Ads Personalization available at https://support.google.com/ads/answer/2662856/). Audiences that we create in Google Analytics and publish to Google Ads and other Google Marketing Platform advertising products can serve ads in cross device-eligible remarketing campaigns to Google users who have turned on Ads Personalization. Google Analytics collects additional information about users who have turned on Ads Personalization, base across device types and on aggregated data from users who have turned on Ads Personalization. The data is user based rather than session based. The Cross Device reports include only aggregated data. No data for individual users is ever exposed. You can modify your interests, choose whether your Personal Data is used to make ads more relevant to you, and turn on or off certain advertising services in the Ads Personalization link above.
Facebook Custom Audience

We reserve the right to use other analytic tools.

CALIFORNIA PRIVACY RIGHTS

California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of Personal Data to third parties for their direct marketing purposes. To make such a request, please send an email to privacy@membitbot.com. Please note that we are only required to respond to one request per customer each year.

OUR CALIFORNIA DO NOT TRACK NOTICE

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 websites or online services. We allow third parties, such as companies that provide us with analytics tools, to collect personally identifiable information about an individual consumer’s online activities over time and across different websites when a consumer uses the Services.

DELETION OF CONTENT FROM CALIFORNIA RESIDENTS

If you are a California resident under the age of 18 and a registered user, California Business and Professions Code Section 22581 permits you to remove content or Personal Data you have publicly posted. To remove, please send an email to privacy@membitbot.com. Please be aware that after removal you will not be able to restore removed content. In addition, such removal does not ensure complete or comprehensive removal of the content or Personal Data you have posted and that there may be circumstances in which the law does not require us to enable removal of content.

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@membitbot.com.

***