Privacy Policy

Last Revised: March 26, 2018

Overtok Ltd. (collectively “Overtok”, “Company” “we” or “us”) develops and offers a proprietary technology enabling mobile and web end-users real-time communication means to connect with mobile and web operators  who use the Overtok service via and API licensed by such operators and embedded into their mobile or web assets (the “Services”).

Overtok respects the privacy the users of its Services, their representatives and their End Users (as defined below) (“User(s)” or “you”), and is committed to protect such personal information and use it lawfully. This Privacy Policy (the “Privacy Policy”) describes the personal information we collect, the purposes for which and the ways we collect, use and disclose such personal information, and the rights and choices available to our users regarding such information.

Please make sure you have read this policy carefully, and fully understood it, before you access or use the Services (as defined below). This Privacy Policy constitutes a binding and enforceable legal contract between you and Overtok. Your use of the Services If you do not read, fully understand and agree to this Privacy Policy, you are requested to refrain from and/or discontinue any use of the Services.

1. Your Consent – Please read carefully!

This Privacy Policy describes the information pertaining to our Users and/or their End Users’ we collect, and how we collect, use and transfer information pertaining to Users and/or their End Users’ in connection with the access to and use of the Services. You may use the Services only if you fully agree to this Privacy Policy – and by accessing and/or using the Services, you signify and affirm your informed consent to the collection and processing of your Personal Information and/or your End Users’ as defined and explained below. Please note: you are not obligated by law to provide us with any information. You hereby acknowledge, warrant and agree that any information you do provide us is provided of your own free will and consent, for the purposes and uses described herein.

2. What Information Do We Collect?

In performing the Services we may collect two general types of information regarding our Users:

a.      Un-identified and non-identifiable information pertaining to Users, which may be made available to us, or collected automatically via their use of the Services (“Non-personal Information”). Such Non-personal Information does not enable us to identify the person from whom it was collected, and mainly consists of technical and aggregated usage information, such as the identity and operation system and browser, smart-phone version, operating system version, duration of usage of the Services, User’s ‘click-stream’ activity, keyboard language, etc.
b.      Individually identifiable information, namely information that identifies an individual or may with reasonable efforts or together with additional information we have access to, enable the identification of an individual, or may be of private or sensitive nature (“Personal Information”).  Such Personal Information that is collected by us consists of the following types of information (including, for the avoidance of doubt, Non-personal Information that is connected or linked to said Personal Information to the extent such connection or linkage exists): IP address, personal details provided in connection with usage of the Services including name, e-mail address, phone number, address, portrait/photo, video/text/audio conversations you conduct or participate in, their record and transcript (if you have approved the authorized and lawful recording of such conversations), your interactions and networks, information about you that may be provided in video/text/audio conversations conducted by you, information about the persons which could appear in the video/audio/text conversations held between any other persons.

TO THE EXTENT THAT YOU PROVIDE TO US ANY PERSONAL INFORMATION IN CONNECTION WITH ANY THIRD PARTY, INCLUDING ANY OF YOUR CUSTOMERS OR END-USERS (COLLECTIVELY, THE “END USERS”) AND ANY PERSON WHOSE INFORMATION IS PROVIDED AS PART OF VIDEO/TEXT/AUDIO CONVERSATIONS OR OTHERWISE THROUGH YOUR USE OF THE SERVICES, YOU ARE SOLELY RESPONSIBLE TO RECEIVE AND HEREBY REPRESENT AND UNDERTAKE TOWARDS OVERTOK THAT YOU HAVE RECEIVED THE CONSENT, AUTHORITY, PERMISSION AND APPROVAL OF SUCH PERSON AND PROVIDED THEM WITH SUFFICIENT DISCLOSURES, TO ALLOW THE USE OF SUCH PERSONAL INFORMATION, AND TO ALLOW OVERTOK TO ACCESS, STORE, COLLECT, ANALYZE AND PROCESS SUCH PERSONAL INFORMATION FOR SUCH PURPOSES AS DETAILED HEREIN.

PLEASE NOTE THAT IN CONNECTION WITH THE RECORDING OF THE VIDEO/AUDIO CONVERSATIONS YOU CONDUCT OR PARTICIPATE IN THROUGH YOUR USE OF THE SERVICES, THERE ARE NOTIFICATION AND CONSENTS REQUIREMENTS, NECESSARY OR ADVISABLE UNDER APPLICABLE LAW. SUCH REQUIREMENTS MAY VARY FROM STATE TO STATE, AND COUNTRY TO COUNTRY. YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH ANY AND ALL APPLICABLE LAWS IN CONNECTION WITH YOUR USE OF THE RECORDING FEATURE

3. How Do We Collect Such Information? 

There are two main methods we use: We collect information through your use of the Services. In other words, we are aware of your usage of the Services and may gather, collect and record the information relating to such usage. We also collect Non-Personal and Personal Information derived from information we receive from third party services and providers we work with. We collect information which you provide us voluntarily. For example, we collect Personal information which you voluntarily provide when you use the Services.

4. Why Do We Collect the Information? 

We collect such Non-personal and Personal Information for the following purposes: (i) to facilitate, operate, and provide our Services pursuant to the Service Terms of Use available at www.overtok.com/termsofuse ; (ii) to create cumulative statistical data and other cumulative information, including Key Performance Indicators, which we and/or our selected authorized business partners might make use of in order to operate and improve the Services; (iii) to personalize the Services to customize your experience with the Services and to enable you to retrieve your information; (iv) to be able to contact Users for the purpose of providing them with technical assistance, support, handle requests and complaints and collect feedback; (v) to send you updates, notices, notifications, announcements, and additional information related to the Services; (vi) to use such information for Overtok’s commercial purposes; (vii) to display or send to you marketing and advertising material when you are using the Services;  and (viii) to comply with any applicable rule or regulation and/or response or defend against legal proceedings versus us or our affiliates.

5. Where Do We Store Personal Information?

Information regarding our Users may be maintained, processed and stored by Overtok and our authorized affiliates and service providers in the United States of America, in Israel, and in other jurisdictions as necessary for the proper performance and operation of the Services and/or as may be required by law.

While the data protection laws in the above jurisdictions may be different than the laws of your residence or location, please know that Overtok, its affiliates and service providers that store or process your Personal Information on Overtok ‘s behalf are each committed to keep it protected and secured, in accordance with this Privacy Policy and industry standards, regardless of any lesser legal requirements that may apply in their jurisdiction.

6. Where Do We Store Personal.
Non-Personal and Personal Information of Third Parties Information?

To the extent Overtok processes any Personal Information on Your behalf when performing of the Services, You shall be deemed the data controller and Overtok shall be deemed a data processor, and in any such case: (i) You will collect, use, transfer and otherwise process any Personal Information collected by or through the Services in compliance with all applicable laws, enactments, regulations, orders, standards and other similar instruments, including but not limited to the data protection laws; (ii) You shall be responsible for providing appropriate information and obtaining any required consent from Your End Users, including notice and consent allowing it to own, control and transfer all Personal Information that is provided by End Users; and (iii) You have provided such information and obtained such consent to any processing of Personal Information by and through the Services in accordance with any and all applicable laws.

You shall ensure that each of your websites or mobile applications contains a privacy policy that: (a) discloses the usage of third-party technology and the data collection and usage resulting from the Services; (b) contains a conspicuous live hyperlink to an opt-out website that provides the End User the ability to opt out of interest-based advertising through the Services; and (c) complies with all applicable privacy laws, rules and regulation, including in connection with the communication of commercial advertisements (including anti-spam). You shall provide Company, with respect to the provision of the Services, a copy of Your privacy policy consistent with the foregoing requirements.

7. Minors and Eligibility

You represent and warrant that you have the authority to bind the organization on behalf of which you are accepting these terms of the Privacy Policy and you agree to be bound by these terms on behalf of such organization. Subject to Your obligation hereunder, including your obligations under Section 6 above, Overtok does not knowingly collect Personal Information from minors under the age of fourteen (16) and does not wish to do so. We reserve the right to request proof of age at any stage so that we can verify that minors under the age of fourteen (16) are not using the Services.

8. With Whom Do We Share Personal Information?

Overtok may share your Personal Information with third parties (or otherwise allow them access to it) only in the following manners and instances: (a) to satisfy any applicable law, regulation, legal process, subpoena or governmental request, whenever Overtok believes in good faith that it is legally bound to share such information; (b)  to enforce this Privacy Policy and/or the Terms of Use, available at www.overtok.com/privacypolicy, www.overtok.com/termsofuse including investigation of potential violations thereof; (c) to detect, prevent, or otherwise address fraud, security or technical issues; (d) to respond to User’s support requests; (e) to respond to claims that contact information (e.g. name, e-mail address, etc.) of a third-party has been posted or transmitted without their consent or as a form of harassment; (f) to protect the rights, property, or personal safety of Overtok, its Users, or the general public; (g) when Overtok is undergoing any change in control, including by means of merger, acquisition or purchase of all or substantially all of its assets; (h) to collect, hold and/or manage your Personal Information through Overtok ‘s authorized third party service providers, as reasonable for business purposes, which may be located outside of Israel (for example: Google Analytics, Amazon Web Services and VoxImplant); (i) pursuant to your explicit approval prior to the disclosure; or (j) to cooperate with authorized third party partners of Overtok for the purpose of enhancing the User’s experience.

For avoidance of doubt, Overtok may transfer and disclose Non-personal Information including any aggregate or statistical to third parties at its own discretion.

9. Modification or Deletion of Personal Information

If you wish to exercise your right to access and/or request us to make corrections to your Personal Information that you have stored with us, please send us an e-mail to info@overtok.com and we will respond within a reasonable timeframe and in accordance with applicable laws.

Please note, upon request to delete your account, Overtok may depersonalize (and un-identifiable) your activity history for the purpose of enhancing and improving our Services.

10. Data Retention

We may retain Your or your End Users’ Personal Information for as long as your User account is active or as otherwise needed to provide you with our Services. We may retain such Personal Information even after you deactivate your account or you or your End User’s cease to use our Services, as reasonably necessary to comply with our legal obligations, to resolve disputes regarding any of our Users, prevent fraud and abuse, enforce our agreements and/or protect our legitimate interests.

11. Security

Overtok has implemented security measures designed to protect the Personal Information of our Users, including, procedural and electronic measures. Among other things, we regularly monitor our systems for possible vulnerabilities and attacks, and seek news ways and tools for further enhancing the security of the Services and the integrity of the Personal Information that we hold.

Please note however, that regardless of the measures we take and the efforts we make, we cannot and do not guarantee the absolute protection and security of any Personal Information.

12. Third Party Sites

While using the Services we may be using third party software and/or service for various needs, inter alia, in order to collect and/or process the information detailed herein. Please be advised that such third-party websites are independent sites, and we assume no responsibility or liability whatsoever with regard to privacy matters or any other legal matter with respect to such sites. We encourage you to carefully read the privacy policies and the terms of use or service of such websites.

13. Cookies

Overtok uses certain monitoring and tracking technologies, including ones offered by third party services. These technologies are used in order to maintain, provide and improve our Services on an ongoing basis, and in order to provide a better experience to our Users and their End Users. For example, these technologies enable us to keep track of our Users’ and their End Users’ preferences and authenticated sessions, to better secure our Services and detect abnormal behaviors, to identify technical issues, and to monitor and improve the overall performance of our Services

Cookies: In order for some of these technologies to work properly, a small data file (“cookie”) must be downloaded and stored on your device, for purposes of session and user authentication, security, keeping the User’s preferences, connection stability, monitoring performance and generally providing and improving our Services.

In order to delete or block any cookies, please refer to the “Help” area on your internet browser for further instructions, or look for optional third party add-ons offering cookie management assistance. For example, you can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the website you visit. Please note however that deleting any of Overtok’s cookies or disabling future cookies or tracking technologies may prevent you from accessing certain areas or features of our Services, or may otherwise adversely affect your user experience.

14. Changes to the Privacy Policy

The terms of this Privacy Policy are an integral part of the Services and will govern the use of the Services and any Information collected therein, and the Privacy Policy also form an integral part of the Overtok’s Terms of Use. Overtok reserves the right to change this Privacy Policy at any time, so please re-visit this page frequently. We will notify you regarding substantial changes of this Privacy Policy by changing the link to the Privacy Policy in the Services and/or by providing you notification (by e-mail or otherwise) regarding such changes to the e-mail address that you provided during registration. Such substantial changes will take effect seven (7) days after such notice was provided or sent by email. Otherwise, all other changes to this Privacy Policy are effective as of the stated “Last Revised” date and your continued use of the Services after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.

15. General

This Privacy Policy, its interpretation, and any claims and disputes related hereto, shall be governed by the laws of the State of Israel, without respect to its criminal law principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being litigated in and decided exclusively by a court of competent jurisdiction located in Tel Aviv, Israel.

This Privacy Policy was written in English, and may be translated into other languages for your convenience. If a translated (non-English) version of this Privacy Policy conflicts in any way with the English version, the provisions of the English version shall prevail.

16. Have any Questions?

 If you have any questions (or comments) concerning this Privacy Policy, you are welcome to send us an email at: info@overtok.com By contacting Overtok you warrant and agree that you are free to do so, and that you do not provide Overtok with information which violates any third party intellectual rights (the “Information”). Without degrading from the aforesaid, all rights, including intellectual property, arising from the communication will be owned by Overtok and will be considered as Overtok’s confidential material. It is clarified that any use of the Information, will be done at the sole discretion of the Overtok, and Overtok is not obligated to use all or part of this Information.