Privacy Policy
This Privacy Policy applies to the Shuffll cloud-based platform for recording, editing, and sharing remote video recordings, which is available online and via a mobile application (“Platform”). This Privacy Policy describes how Shuffll, Inc. and its affiliated companies (collectively, “Shuffll”, “we”, “our” or “us”) collects, stores, uses and discloses the personal data (as defined below) described below.
Customer Data: personal data that we collect, process and manage on behalf of our business customers who have entered into and signed either a service agreement and/or order form (“Customers”), as part of their use of the Platform.
We process such Customer Data on behalf of and under the instruction of the respective Customer, in accordance with our Data Processing Addendum or any other data processing agreement entered between Shuffll and the Customer. Accordingly, this Privacy Policy (which describes Shuffll’s privacy and data processing practices as a data controller) does not apply to such processing done on its Customers’ behalf.
User Data: Personal data relating to users of the Platform, i.e., the Customer’s account administrators and end-users, as well as any other individual using or invited to our Platform (collectively, “Users”);
CRM & Prospect Data: data relating to our Customers’, partners’ and suppliers’ focal internal persons who directly engage with us as a part of our commercial relationships, visitors of our website (Shuffll.com), participants at our events and third-party events, and any other prospective customer, user or partner (collectively,“Prospects”) who visits or otherwise interacts with our website, Platform, online ads and content, emails, integrations or communications under our control (“Sites”, and collectively with the Platform, the “Services”).
Specifically, this Privacy Policy describes our practices regarding:
Data Collection & Processing
Data Uses
Data Location
Data Retention
Data Disclosure
Cookies and Data Collection Technologies
Communications
Data Security
Data Subject Rights
Data Controller/Processor
Additional Notice & Contact Details
If you are a User or Prospect, please read this Privacy Policy carefully and make sure that you fully understand it.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 under Section 5), 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 the respective Customer and your account administrator with any questions.
1. Data Collection & Processing
When we use the term “personal data” in this Privacy Policy, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to an individual. It does not include aggregate or de identified information that is maintained in a form that is not reasonably capable of being associated with or linked to an individual.
Types of personal data collected. Shuffll collects and generates the following types of personal data:
Customer Data. Personal Data we process on behalf of a Customer, which is typically contained in the Customer’s video and audio recordings and may relate to the Customer’s employees (who are Shuffll’s Users) or other individuals using the Platform at the Customer’s instruction (such as third-party guests), all in accordance with the Data Processing Addendum we and our Customers have in place. We will only process Customer Data for our Customer’s benefit and in order to provide the Shuffll’s Services to them in accordance with our commercial agreement and the Data Processing Addendum. Accordingly, we process such data as our Customer’s ‘data processor’, while the Customer is the ‘data controller’. Our Customers are solely responsible for the lawful use of the personal data contained in Customer Data as further explained in Section 10 below.
User Data
Platform account information (names, email addresses, login credentials, profile picture, titles, and workplace);
Platform usage data (IP addresses and approximate location based upon such IP addresses, device data (like type, OS, device id, browser version, locale and language settings used), microphone and camera type, activity logs, session recordings, log-in credentials to the Platform, the cookies and pixels installed or utilized on their device, and inferred or presumed data on generated from their use of the Platform);
Direct interactions and communications with us (personal data contained in communications with our Users, including recordings and transcripts of our calls and emails with them, e.g., for user enablement, support and training purposes).
CRM & Prospect Data
Contact details (contact details of our Customer’s, supplier’s and partner’s internal focal persons who directly engage with us as a part of our commercial relationships with them, e.g., their names, emails addresses, phone numbers, title and workplace);
Website usage data (personal data relating to visitors of our website, which includes 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);
Direct interactions and communications with us (personal data of our Prospects gathered when they interact with us, e.g., when a Prospect submits a form on our website, or as a part of a commercial engagement we have with Prospects before they convert to Users).
Categories of sources from which personal data is collected. We obtain personal data from the following categories of sources:
Data collected directly from you. Some of the personal data we process is collected directly from you. For example, you may provide us with your contact details when you create an account at Shuffll, submit a form on our website or when you voluntarily provide them to us at an event, conference, or webinar you have participated in or during our commercial engagement with you.
Data collected from third parties. We obtain personal data from third parties, such as our Customers or Service Providers. For example, we may get Users’ details from their employer (which are our Customers) as a part of our commercial engagement with them. We may also obtain personal data from our Service Providers, e.g., marketing and sales tools, data enrichment services, our sales and marketing partners, distributors, job recruiters, or your colleagues.
Automatically generated data. We may collect personal data that is automatically generated when you visit our website or using the Services or Platform, by using Cookies and similar data collection technologies (as described under Section 6 below).
2. Data Uses
We use personal data for the following purposes and in reliance on the legal bases for processing noted next to them, as appropriate:
Purpose
Legal basis for processing
To facilitate, operate, enhance, and provide our Services
Performance of a contract (to the extent applicable);
Legitimate Interest (to provide our Services);
To provide our Customers and Users with assistance and support, to test and monitor the Services, or diagnose or fix bugs or other technology problems
Performance of a contract (to the extent applicable);
Legitimate Interest (to ensure the ongoing availability of our Services);
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
Legitimate Interest (to improve the user experience of our Services);
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 increase your engagement and overall satisfaction with our Services.
Legitimate Interest (to increase engagement with our Services and overall satisfaction with them);
Consent (of our Users or website visitors);
To facilitate, sponsor and offer certain events, contests and promotions
Legitimate Interest (to increase engagement with our Services);
To gain a better understanding on how individuals use and interact with our Services, which content and data they have processed through our Services, and how we could improve their and others’ 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, including through the utilization and optimization of Artificial Intelligence and Machine Learning capabilities
Legitimate Interest (to improve our Services);
To gain a better understanding on how individuals use and interact with our Services, which content and data they have processed through our Services, and how we could improve their and others’ 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, including through the utilization and optimization of Artificial Intelligence and Machine Learning capabilities
Legitimate Interest (to improve our Services);
To contact our Customers, Users and Prospects with general or personalized service-related messages, as well as promotional messages that may be of specific interest to them
Legitimate Interest (to send service-related messages);
Consent (to send marketing messages);
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 (to the extent applicable);
Legitimate Interests (to secure our data and services);
Legal Obligation (to implement technical and organizational measures to protect data);
To authenticate the identity of our Users and allow them to access and use the Services.
Performance of a contract (to the extent applicable);
To create aggregated statistical data, inferred non-personal data, or anonymized or pseudonymized data (rendered non-personal and non-identifiable), which we and our Service Providers may use to provide and improve our respective services, or for any other purpose
Legitimate Interest (to improve our Services);
To enforce our Terms and 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 Interest (dispute resolutions);
To comply with our contractual and legal obligations and requirements, and maintain our compliance with applicable laws, regulations and standards
Performance of Contract (to the extent applicable);
Legitimate Interest (to maintain compliance);
Legal Obligation (to the extent applicable);
If you reside or are using the Services in a territory governed by privacy laws under which “consent” is the only or most appropriate legal basis for the processing of personal data as described herein (in general, or specifically with respect to the types of personal data you expect or elect to process or have processed by us or via the Services, or due to nature of such processing), your acceptance of our Terms and Conditions and this Privacy Policy will be deemed as your consent to the processing of your personal data for all purposes detailed in this Privacy Policy, unless applicable law requires a different form of consent. If you wish to revoke such consent, please contact us at [email protected].
3. Data Location
We and our authorized Service Providers (defined below) maintain, store and process personal data in the United States of America, Europe, United Kingdom, Israel, the Philippines, and other locations, as reasonably necessary for the proper performance and delivery of our Services, or as may be required by law.
While privacy laws may vary between jurisdictions, Shuffll is committed to protect personal data in accordance with this Privacy Policy and customary industry standards, and such appropriate lawful mechanisms and contractual terms requiring adequate data protection, regardless of any lesser legal requirements that may apply in the jurisdiction to which such data is transferred.
Shuffll operates from various locations, including the United States of America and Israel. Data transfers from the European Economic Area or the UK to the United States will be governed by the Standard Contractual Clauses as set forth in our intercompany data sharing agreement and the Data Processing Addendum with the relevant Service Provider and any data transfers to Israel will be made on the basis of an EU Adequacy Decision, to the extent applicable.
4. Data Retention
We retain User and Prospect Data for as long as we deem it as reasonably necessary in order to maintain and expand our relationship and provide you with our Services and offerings; in order to comply with our legal and contractual obligations; or to protect ourselves from any potential disputes (i.e. as required by laws applicable to log-keeping, records and bookkeeping, and in order to have proof and evidence concerning our relationship, should any legal issues arise following your discontinuance of use), all in accordance with our data retention policy.
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.
We retain Customer Data in accordance with our Customers’ instructions, provided through the Data Processing Addendum entered with Shuffll or other commercial agreement we have with each Customer. Accordingly, if you have any questions regarding the retention of Customer Data, please contact the respective administrator managing your account.
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, 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 video editing tools, 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 data, 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.
Partnerships: We engage selected business and channel partners, resellers, distributors and providers of professional services related to our Services, which allow us to explore and pursue growth opportunities by facilitating a stronger local presence and tailored experiences for our Customers, Users and Prospects. In such instances, we may share relevant contact, business and usage details with the respective partner, to allow them to engage with those entities and individuals for such purposes. If you directly engage with any of our partners, please note that any aspect of that engagement which is not directly related to the Services and directed by Shuffll is beyond the scope of Shuffll’s Terms and Conditions and Privacy Policy and may therefore be covered by the partner’s terms and privacy policy.
Event Sponsors: If you attend an event or webinar organized by us or a conference in which we are also in attendance or download or access a related asset on our Sites, 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 not to opt-in via event/webinar registration or elect not to have your badge scanned, or you can opt-out in accordance with Section 9 below.
Business Customers & account administrators: Our Customers have access to any personal data we process on their behalf in our capacity as a “processor” (under the EU GDPR or UK GDPR) or a “service provider” (under the CCPA/CPRA and other similar laws). Accordingly, account administrators have access to personal data associated with the Shuffll account(s) controlled by 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 a similar requirement), or in compliance with applicable laws and regulations. Such disclosure or access may occur if we believe in good faith that: (a) we are legally compelled to do so; (b) disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding actual or suspected illegal activity, fraud, or other wrongdoing; or (c) such disclosure is required to protect our legitimate business interests, including the security or integrity of our products and services.
Protecting Rights and Safety: We may share personal data with others if we believe in good faith that this will help protect the rights, property or personal safety of Shuffll, any of our Users, Prospects or Customers, or any members of the general public.
Shuffll Subsidiaries and Affiliated Companies: We may share personal data internally within our group, for the purposes described in this Privacy Policy. In addition, should Shuffll or any of its subsidiaries or affiliates undergo any change in control or ownership, including by means of merger, acquisition, or purchase of substantially all or part of its assets, personal data may be shared with or transferred to the parties involved in such an event. We may disclose personal data to a third-party during negotiation of, in connection with or as an asset in such a corporate business transaction. Personal data may also be disclosed in the event of insolvency, bankruptcy or receivership.
For the avoidance of doubt, Shuffll may share personal data in additional manners, pursuant to your explicit approval, or if we are legally obligated to do so, or if we have successfully rendered such data non-personal, non-identifiable and anonymous. We may transfer, share or otherwise use non-personal and non-identifiable data at our sole discretion and without the need for further approval.
6. Cookies and Data Collection Technologies
We and our Service Providers use cookies and other technologies for performance, tracking, analytics and personalization purposes. We may share non-identifiable / aggregated extracts of such information with our partners for our legitimate business purposes.
Cookies are packets of information sent to your web browser and then sent 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 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. You may also use the “cookie settings” feature available at the bottom of our website at Shuffll.com.
We also use Google Analytics – a web analytics tool which help us understand Users’ behavior on our Sites, including by tracking page content, and click/touch, movements, scrolls and keystroke activities. Further information about the privacy practices of Google Analytics is available at: www.google.com/policies/privacy/partners/. Further information about your option to opt-out of Google Analytics is available at: https://tools.google.com/dlpage/gaoptout.
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.
7. Communications
We engage in service and promotional communications, through e-mail, phone, SMS and notifications.
Service Communications: We may contact you with service-related 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. You may be able to control your communications and notifications by following the instructions included in the communications sent to you (if any). 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 Customer, User 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 our Sites and Platform.
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], or by following the “unsubscribe”, “stop”, “opt-out” or “change e-mail preferences” instructions contained in the promotional communications you receive.
8. Data Security
In order to protect your personal data held with us, we use industry-standard physical, procedural and technical security measures, including encryption as appropriate. However, please be aware that regardless of any security measures used, we cannot and do not guarantee the absolute protection and security of any personal data stored with us or with any third parties as described in Section 5 above. Please contact us if you have any additional questions.
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 GDPR, UK GDPR, the California Consumer Privacy Act (CCPA), the California Privacy Rights Act (CPRA), the Virginia Consumer Data Protection Act (VCDPA), the Colorado Privacy Act (CPA) and other similar US State Laws. Such rights may include – 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 us, 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 privacy rights, 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 of personal data related to others and to ask you to provide further information to better understand the nature and scope of the data that you request to access. If your request relates to personal data contained in Customer Data (i.e., personal data we process on our Customer’s behalf as its “data processor” or “service provider”, as further explain in Section 10 below), please note that such Customer exclusively determines how such data may be processed, as well as if and how your request should be handled – so we advise that you submit your request directly to them. We will not fulfill your request unless you have provided sufficient information that enables us to reasonably verify that you are the individual about whom we collected the personal data, and if such data is processed on behalf of any of our Customers – to which Customer it particularly relates, so that we may forward it to them for their further handling. Such additional information may be then retained by us for legal purposes (e.g., as proof of the identity of the person submitting the request, or proof of request fulfillment).
We may redact from the data which we will make available to you, any personal data or confidential information related to others.
10. Data Controller/Processor
Certain data protection laws and regulations, such as the EU GDPR, UK GDPR, the CCPA and CPRA typically distinguish between two main roles for parties processing personal data: the “data controller” / “business”, who determines the purposes and means of processing; and the “data processor” / “service provider”, who processes the data on behalf of the data controller (or business). Below we explain how these roles apply to our Services, to the extent that such laws and regulations apply.
Shuffll is the “data controller” of User and Prospect Data. With respect to such data, we assume the responsibilities of data controller (solely to the extent applicable under law), as set forth in this Privacy Policy. In such instances, our Service Providers processing such data will assume the role of “data processor”.
Shuffll is the “data processor” of Customer Data and processes it on behalf of the Customer (who is the “data controller” of such data); and our Service Providers who process such Customer Data on our behalf are the “sub-processors” of such data.
Accordingly, Shuffll processes Customer Data strictly in accordance with our Customer’s reasonable instructions and as further stipulated in the Data Processing Addendum entered with Shuffll 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 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 processing of Customer Data through our Services are fully met by the Customer, including specifically in the context of an employment relationship. Our Customers are also responsible for handling data subject rights requests under applicable law, by their Users and other individuals whose data they process through the Services.
11. Additional Notices & Contact Details
Updates and Amendments: We may update and amend this Privacy Policy from time to time by posting an amended version on our Services. The amended version will be effective within five (5) days of being posted to the Shuffll website. We will provide prior notice if we believe any substantial or material changes are made via any of the communication means available to us or via the Services. By continuing to access or use the Platform, you agree to be bound by the revised Privacy Policy. If you do not agree to the modifications, your sole remedy, is to terminate use of the Platform.
Requirements under US States Privacy Laws: This policy describes the categories of personal information we may collect and the sources of such information (in Section 1 above), and our retention (Section 4) and deletion (Section 9) practices. We also included information about how we may process your information (in Sections 2 through 7), which includes for “business purposes” under the California Consumer Privacy Act (CCPA)/California Privacy Right Act (CPRA)/Virginia Consumer Data Protection Act (VCDPA)/Colorado Privacy Act (CPA) and other similar states laws, as applicable. We do not sell or “share” your personal information for the intents and purposes of CCPA or CPRA, nor disclose personal information that we “control” to any third party for their direct marketing purposes. We may disclose personal information to third parties or allow them to collect personal information from our Services as described in Section 5 above, if those third parties are our Customers (in respect of Customer Data processed on their behalf), or our authorized Service Providers or business partners who have agreed to our contractual limitations as to their retention, use, and disclosure of such personal information, or direct us to disclose your personal information to third parties, or as otherwise described in Section 5 above. You may also designate an authorized agent, in writing or through a power of attorney, to request to exercise your privacy rights on your behalf. The authorized agent may submit a request to exercise these rights by emailing us. Note that we will not discriminate against you by withholding our Services from you or providing a lower quality of service to you for requesting to exercise your rights under the law.
If you have any questions or would like to exercise your rights under the CCPA, you can contact us by email to [email protected].
External Links: While our Services may contain links to other websites or services, we are not responsible for their privacy practices. We encourage you to pay attention when you leave our Services for the website or application of such third parties, and to read the privacy policies of each and every website and service you visit. This Privacy Policy applies only to our Services.
Children: Our Services are not designed to attract children under the age of 13. Children between the ages of 13 and 18 may only use the Platform with parental consent and in accordance with Shuffll’s Terms. 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 13 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 a child. If you believe that we might have any such data, please contact us by e-mail at [email protected].
Contacting Us: If you have any comments or questions regarding our Privacy Policy, or if you have any concerns regarding your personal data held with us, please contact us via [email protected].
Last updated: July 9, 2023
