(i) Customer Data: personal data that we collect, process and manage on behalf of our customers (“Customers”), submitted to the EMA software platform and related products and services managed and operated by AIVF (collectively, the “Platform”).
We process such Customer Data on behalf and under the instruction of the respective Customer in our capacity as a “data processor” in accordance with our data processing addendum and other commercial agreements with them. For more information, please refer to Section 9 below.
(ii) User Data: Contact, contractual and billing details concerning our Customers’ internal designated individuals who directly engage with AIVF concerning their account, and users of the Platform on behalf of such customers, e.g., the account administrators and users, billing contacts and authorized signatories on behalf of the customer; as well as the customer’s preferences, as identified to us or recognized through our engagement with them (“Users” and “User Data” respectively).
(iii) Prospect Data: data relating to visitors of our website, www.aivf.co, participants at our events, and any other prospective customer, user or partner (collectively, “Prospects”) who visits or otherwise interacts with our websites, digital ads and content, emails, integrations or communications under our control (“Sites”, and collectively with the Platform – the “Services”).
- Data Collection & Processing
- Data Uses & Lawful Bases
- Data Location and Retention
- Data Disclosure
- Cookies and Tracking Technologies
- Data Security
- Data Subject Rights
- Data Controller/Processor
- Requirements under US State Privacy Laws
- Additional Notices
You are not legally required to provide us with any personal data, and may do so (or avoid doing so) at your own free will. 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 (defined below), please avoid any interaction with us including visiting our Sites or using our Services. If you are a user of the Services on behalf of any of our Customers, we suggest that you contact your account administrator with any questions.
You may also choose not to provide us with “optional” personal data (fields typically marked as “not required” on forms), 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
We collect or generate the following categories of personal data in relation to the Services:
- Usage and device information concerning our Users and Prospects:Connectivity, technical and usage data, such as IP addresses and approximate general locations derived from such IP addresses, device and application data (like type, operating system, mobile device or app id, browser version, location and language settings used); system logs of actions and events attributed to those IP addresses, devices and applications; the relevant cookies and pixels installed or utilized on your device; and the recorded activity (sessions, clicks, use of features, logged activities and other interactions) of Prospects and Users in connection with our Services.We collect and generate this information automatically, including through the use of analytics and system monitoring tools (including cookies and pixels) – which collect data such as: how often Prospects visit or use the Sites, which pages they visit and when, which website, ad or email message brought them there, how Users interact with and use the Platform and its various features, and technical data concerning the performance, functionality and stability of the Platform.
- Information concerning our Customers, Users and Prospects:Name, email, phone number, position, workplace, profile picture, login credentials, contractual and billing details, and any other information submitted by Account Admins and Users or otherwise available to us when they signup or login to the Platform, when creating their individual profile (“User Profile”), or by updating their account; our communications with you, including written correspondence, support requests, interactions through our chat bot, registration for events that we host or organize, surveys and other feedback received, and sensory information which may include phone call recordings (e.g., with our customer experience).We collect this information directly from you, or from other sources and third parties such as our Customer (your employer), organizers of events or promotions that both you and us were involved in, and through the use of tools and channels commonly used for connecting between companies and individual professionals in order to explore potential business and employment opportunities, such as LinkedIn, and Hubspot.
- Personal data contained in Customer Data:Personal data provided by our Customers or processed on their behalf and under their instruction. This may include any of the types of personal data described above (with respect to Users or other individuals whose data is contained in the Customer Data), in accordance with our data processing addendum with them.
2. Data Uses & Lawful Bases
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 User personal data|
|To facilitate, operate, enhance, and provide our Services||(Performance of a Contract; Legitimate Interests)|
|To provide our Users and Customers with assistance and support, to test and monitor the Services, diagnose or fix technical issues, and to train Customers’ and Customer-facing staff||(Performance of a Contract; Legitimate Interests)|
|To invoice and process payments||(Performance of a 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 to make our Services easier to use||(Performance of a Contract; Legitimate Interests)|
|Customer, User and Prospect personal data|
|To gain a better understanding on how Users and Prospects evaluate, use, and interact with our Services, to utilize such information to continuously improve our Services, the overall performance, user-experience and value generated therefrom. We collect such information automatically through their usage of the Services|
|To create aggregated, statistical data, inferred non-personal data or anonymized or pseudonymized data (rendered non-personal), which we or others may use to provide and improve our respective Services, or for any other business purpose such as business intelligence|
|To facilitate and optimize our marketing campaigns, ad management and sales operations, and to manage and deliver advertisements for our Services more effectively, including on other websites and applications. Such activities allow us to highlight the benefits of using our Services, and thereby to increase your engagement and overall satisfaction with our Services.|
|(Legitimate Interests; Consent)|
|To contact our Customers, Users and Prospects with general or personalized Services-related messages, as well as promotional messages that may be of specific interest to them|
|(Performance of a 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 or prohibited activity||(Performance of a Contract; Legitimate Interests; Legal Obligation)|
|To facilitate, sponsor and offer certain events, webinars, and promotions|
|To enforce our Software Licensing Agreement, 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|
|To comply with our contractual and legal obligations and requirements, and maintain our compliance with applicable laws, regulations and standards||(Performance of a Contract; Legitimate Interests; Legal Obligation)|
|For any other lawful purpose, or other purpose that you consent to in connection with provisioning our Services||(Legal Obligation; Consent)|
3. Data Location & Retention
Data Location: We and our authorized Service Providers (defined below) maintain, store and process personal data globally, including in the United States, Europe, and Israel and other locations as reasonably necessary for the proper performance and delivery of our Services, or as may be required by applicable law.
AIVF, Ltd. is headquartered in Israel, a jurisdiction which is considered by the European Commission, the United Kingdom Secretary of State, and the Swiss Federal Data Protection and Information Commissioner (FDPIC), to be offering an adequate level of protection for personal data of individuals residing in EU Member States, the UK and Switzerland, respectively. We transfer data from the European Economic Area, the UK and Switzerland to Israel on this basis. For data transfers from the EEA, the UK and Switzerland to countries which are not considered to be offering an adequate level of data protection, we and the relevant data exporters and importers enter into Standard Contractual Clauses as approved by the European Commission, UK Information Commissioner’s Office, and the FDPIC (as appropriate). You can obtain a copy of these clauses by contacting us as indicated in Section 11 below.
Notwithstanding the foregoing, where AIVF processes personal data on behalf of a Customer, such personal data (which is included in their Customer Data) may only be processed in the locations as permitted in our data processing addendum and other commercial agreements with such Customer (as further described in Section 9 below).
Data Retention: We may retain your personal data for as long as it is reasonably needed 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 and at our reasonable discretion. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of such data, the potential risk of harm from unauthorized use or disclosure of such data, the purposes for which we process it, and the applicable legal requirements. If you have any questions about our data retention policy, please contact us by email at email@example.com
4. Data Disclosure
We may disclose personal data in the following instances:
Service Providers: We may engage selected third-party companies and individuals as “Service Providers”, 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 and cyber security services, billing and payment processing services, fraud detection, investigation and prevention services, web and mobile analytics, email and communication distribution and monitoring services, session or activity recording services, call recording, analytics and transcription services, event production and hosting services, remote access services, performance measurement, data optimization and marketing services, social and advertising networks, content, lead generating and data enrichment providers, email, voicemails, video conferencing solutions, support and customer relation management systems, third-party customer support providers, and our legal, compliance and financial advisors and auditors.
Our Service Providers may have access to personal data, depending on each of their specific roles and purposes in facilitating and enhancing our Services or other activities, and may only use the data as determined in our agreements with them.
Event Sponsors: If you register to any event that we host, organize or sponsor, with your permission we may share your registration details with others, including the hosts, organizers, speakers, service providers and sponsors of that event, so that they may contact you with relevant information and offers, or to fulfill any promotions related to the event.
Customers and other Users: Your personal data may be shared with the Customer owning the Account to which you are subscribed as a User (including data and communications concerning your User Profile), as well as other Users of that Account. Your personal data and activity within the Services may also be monitored, processed and analyzed by the Account Admin. This includes instances where you contact us for help in resolving an issue specific to a team of which you are a member (and which is managed by the same Customer).
Legal Compliance: In exceptional circumstances, 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 the security or integrity of our products and Services.
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 safety of AIVF, any of our Users or Customers, or any members of the general public.
For the avoidance of doubt, AIVF may share your 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 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.
5. Cookies and Tracking Technologies
Our Sites and Services (including some of our Service Providers) utilize “cookies”, anonymous identifiers, pixels, container tags and other technologies in order for us to provide and monitor the use of our Services and Sites, 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, as indicated by a Prospect or User. You may use the “Cookie settings” feature available in our Services depending on your location and activity on our Services, as applicable. If you choose to opt-out of certain cookies, this will typically generate a new cookie which will preserve your choice, and indicate it to our Services in your next visits so that the cookies you opted-out of will not be utilized. You can also manage your cookies preferences, and accept, remove or entirely block cookies, through your browser settings.
Certain web browsers may transmit “Do Not Track” signals to websites with which the browser communicates. However, due to differences in how web browsers interpret this feature and send those signals, and lack of standardization, we do not change our practices in response to such “Do Not Track” signals. However, 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 to block or remove cookies altogether.
We engage in Services and promotional communications, through email notifications and social media.
Services 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. Our Customers, and other Users on the same Account, may also send you notifications, messages and other updates regarding their or your use of the Services. Depending upon the feature’s availability, you can typically control your communications and notifications in your User Profile Settings, or otherwise in accordance with the instructions that may be included in the communications sent to you. However, please note that you will not be able to opt-out of receiving certain Services 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 and special opportunities or any other information we think you will find valuable, as our Customer, User or Prospect. We may provide such notices through any of the contact means available to us (e.g., phone, mobile or email), 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 AIVF at any time by sending an email to firstname.lastname@example.org or by following the “unsubscribe”, “stop”, “opt-out” or “change email preferences” instructions contained in the promotional communications you receive.
7. Data Security
In order to protect your personal data held with us, we implement industry-standard physical, procedural and technical security measures, including encryption as appropriate. However, we cannot guarantee that our Sites or Services will be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse.
8. Data Subject Rights
Individuals have rights concerning their personal data. If you wish to exercise your privacy rights under applicable law (including the EU or UK GDPR and the California Consumer Privacy Act as amended by the California Privacy Rights Act (CCPA)), please contact us by email at email@example.com. Such rights may include – to the extent applicable to you – 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 AIVF, or to restrict or object to such personal data’s processing, or to obtain a copy or 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 EEA or the UK, as applicable.
We may redact from the data which we make available to you, any personal or confidential data related to others.
9. Data Controller/Processor
Certain data protection laws and regulations, such as the GDPR the CCPA, and HIPAA, typically distinguish between two main roles for parties processing personal data: the “data controller” (under the CCPA, “business”, or under HIPAA, “covered entity”), who determines the purposes and means of processing; and the “data processor” (under the CCPA, “service provider” or under HIPAA “business associate”), who processes such data on behalf of the data controller (or business or covered entity). Below we explain how these roles apply to our Services, to the extent that such laws and regulations apply.
AIVF is the “data processor” of personal data contained in Customer Data, as submitted by our Customers and their Users to us and to the EMA Platform. We process such data on behalf of our Customer (who is the “data controller” of such data) and in accordance with its reasonable instructions, our data processing addendum (to the extent applicable) and other commercial agreements with such Customer.
Our Customers are solely responsible for determining whether and how they wish to use our Services, and for ensuring that all individuals using the Services on the Customer’s behalf or at their request, as well as all individuals whose personal data (including protected health information) may be included in Customer Data processed through the Services, have been provided with adequate notice and given informed consent to the processing of their personal data, where such consent is necessary or advised, and that all legal requirements applicable to the collection, use or other processing of data through our Services are fully met by the Customer. Our Customers are also responsible for handling data subject rights requests under applicable law, by their patients and other individuals whose data they process through the Services.
If you would like to make any requests or queries regarding personal data we process as a data processor on our Customer’s behalf, including accessing, correcting or deleting your data, please contact the Customer’s Account Admin directly.
10. Requirements under US State Privacy Laws
11. Additional Notices
Our Services are not directed to 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 email at firstname.lastname@example.org.
EU Representative: Maetzler Rechtsanwalts GmbH & Co KG (Prighter) has been designated as AVIF’s representative in the European Union for data protection matters pursuant to Article 27 of the GDPR. Maetzler Rechtsanwalts GmbH & Co KG may be contacted only on matters related to the processing of personal data of EU residents. To make such an inquiry, please visit the following page: https://prighter.com/q/14267474.
UK Representative: Prighter Ltd has been designated as AVIF’s representative in the United Kingdom for data protection matters pursuant to Article 27 of the UK GDPR. Prighter Ltd may be contacted only on matters related to the processing of personal data of UK residents. To make such an inquiry, please visit the following page: https://prighter.com/q/14267474.
Last updated: July 5, 2023