Last Updated : September 13th, 2020
Opster Ltd. an Israeli private limited company, having its principal place of business at Ben-Avigdor 10 Tel-Aviv IL 6721834 (“Opster”, “we”, “us” or “our”) respects the privacy of its users (“User(s)”, “your” or “you”), and is committed to protecting the information that you share with us in connection with the use of and access to the Opster Software-as-a-Service Elasticsearch Operation Solution and/or ElastiOps (the “SaaS”), and our website at www.opster.com (“Website”). The Website and SaaS are together the “Services“.
Please note: you are not obligated by law to provide us with any Personal Information. You hereby acknowledge and agree that you are providing us with Personal Information at your own free will, for the purposes described in this Policy, and that we may retain such information in accordance with this Policy and any applicable laws and regulations.
TO THE EXTENT THAT YOU PROVIDE US WITH ANY PERSONAL INFORMATION RELATED TO ANY THIRD PARTY OR ANY OTHER PERSON OR ENTITY WHICH IS NOT YOU, INCLUDING INFORMATION RELATED TO ANY OF YOUR PERSONNEL, COLLEAGUES OR CUSTOMERS, YOU ARE SOLELY RESPONSIBLE TO RECEIVE AND HEREBY REPRESENT THAT YOU HAVE AND UNDERTAKE THAT YOU SHALL HAVE AT ALL TIMES, MAINTAINED AND RECEIVED, THE CONSENT, AUTHORITY, PERMISSION AND APPROVAL OF SUCH PERSONS AND PROVIDED THEM WITH SUFFICIENT DISCLOSURES, TO ALLOW OPSTER TO ACCESS, STORE, COLLECT, ANALYZE AND PROCESS SUCH PERSONAL INFORMATION AS DETAILED HEREIN.
Information we collect
We may collect two types of data and information from you. In this section, we describe the categories of information which we may collect, and the applicable circumstances under which such collection is performed.
What is personal information?
“Personal information” is 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 information relating to an identified or identifiable natural person. Identification of an individual also includes association of such individual with a persistent identifier such as a name, an identification number etc.
Personal information does not include information that has been anonymized or aggregated so that it can no longer be used to identify a specific natural person
We collect Personal Information from you when you use or interact with our Services
We collect Personal Information from you and any devices (including mobile devices) you use when you: use or access our Services, register for an account with us, provide us information on a web form or other text field, update or add information to your account, request and receive a demo session, register for a free trial of our services, or otherwise run any free tools we may make available on our Website (such as Elasticsearch check-up) and thereby receive our respective analysis (the “Report”), or through correspondence you and we conduct with each other on the Website chat box or other channel of communication.
More specifically we collect and use the following categories and types of information in the following respective circumstances:
Personal Information you provide us actively and voluntarily when you use or interact with our Services:
Contact information such as full name, email, position, company and other content you may provide us in your correspondence with us through various channels of communication, including any online forms and text fields available on our Website or when register for an account with us or when they update their account details.
The contents of Users’ interaction with our customer support which may include text/video/audio recording and transcripts of such communications.
Information we are required or authorized by applicable national laws to require Users to provide us in order to authenticate or identify them or to verify the information we have collected or otherwise provide them with our Services.
Personal Information we automatically obtain when you use or interact with our Services:
This is information we obtain through the Services when Users access or interact with the Services, which is derived, learned, or detected as a result of such access and/or interaction. Keep in mind – most devices allow you to control or disable the use of certain collectable information including location services, in the device’s settings menu.
Please take into consideration that certain portions of such abovementioned information may also be collected from you when the Services is running in the background, i.e. when it has been launched but not used.
Keep in mind – Most mobile devices and auxiliary software, allow user to control or disable the use of certain collectable information including location services, by any application, in the device’s settings menu.
We generally classify this type of automatically collected personal information under the following categories:
“User Interface Usage Information”: this refers to information relating to the Users’ interaction with our Website, such as User clicks when using Website.
“Technical Identifiers”: this refers to various unique identifiers that generally only identify a computer, device, browser or Application. For example, IP address (which may also provide general location information), Android ID (in Android devices).
“Technical Information”: this refers to technical information related to a mobile device or computer, such as: browser type, device type and model, operating system (iOS/Android etc.), system language, memory, OS version, Wi-Fi status, time stamp and zone, device motion parameters and carrier.
“Analysis Information”: this refers to the analysis contained in Reports or otherwise analysis produced by the SaaS, the extent it relates to a natural person.
Personal information collected from other sources:
Information from Social Networks and Other Service Providers. When contacting our Services via Google Single Sign On or other social networks or Services (as applicable), we may have access to your public profile (if applicable) and login credentials. When you connect to the social network account through the Services for the first time or otherwise make the Services interact with your social network account, you will be asked to permit the social network to share your personal information stored on such social network with the Service. We collect your information from your social network account only in accordance with the privacy settings you have set up under your social network accounts.
Accordingly, we only collect such information which you have allowed the social network(s) to share with third parties (or other information you make publicly available). You understand that the Services may access, make available and store (if applicable and as permitted by the third party social network and authorized by you) such information so that it is available on and through the Service.
For avoidance of doubt, any Non-Personal Information connected or linked to any Personal Information shall be deemed as Personal Information as long as such connection or linkage exists.
Our legal basis for use of your information
With your consent: We ask for your agreement to process your information for specific purposes and you have the right to withdraw your consent at any time.
When Performing our services and providing them to you under the TOU: We collect and process your Personal Information in order to provide you with the Service, following your acceptance of the Terms; to maintain and improve our Service; to develop new services and features for our Users; and to personalize the Services in order to ensure a better user experience.
Use of your information
We may use information that we collect about you for the following purposes:
To provide, operate and improve our Services and manage our business;
To generate analysis and insights for our Users including for the purpose of generating Reports
To better understand how Users use our Services;
To send you updates, notices, notifications, announcements, and additional information related to the Service;
To be able to manage your account and provide you with customer support;
To create cumulative statistical data and other cumulative information and/or other conclusive information that is non-personal, in which we and/or our business partners might make use of in order to operate and improve our Services;
To perform functions or services as otherwise described to you at the time of collection;
To prevent, detect, mitigate, and investigate fraud, security breaches or other potentially prohibited or illegal activities;
To market our Services to Users or potential Users and to be able to track and evaluate our marketing activities and their results.
To comply with any applicable rule or regulation and/or respond to or defend against legal proceedings brought against us or our affiliates.
Sharing information with third parties
We keep the information processed by us in strict confidence and only share your information with third parties in very limited circumstances and for very specific purposes, as described below:
Third Party Services: We are partnering with a number of selected service providers, whose services and solutions complement, facilitate and enhance our own. These include hosting, database and server co-location services (e.g., AWS, Google Cloud), data analytics services (e.g. Google Analytics) and other data analytics systems that analyze crashes, functionality and usability (e.g. Semrush, Drift and/or similar service) and our business, legal and financial advisors (collectively, “Third Party Service Providers”). Such Third Party Service Providers may receive or otherwise have access to your Personal Information, depending on each of their particular roles and purposes in facilitating and enhancing the Service, and may only use your Personal Information for such purposes. Such disclosure or access is strictly subject to the recipient’s or user’s undertaking of confidentiality obligations, and the prevention of any independent right to use this data except as required to help us provide you the Service.
Law enforcement, legal proceedings, and as authorized by law: We may disclose or otherwise allow access to Personal Information pursuant to a legal requirement or request, such as a subpoena, search warrant or court order, or in compliance with applicable laws and regulations. Such disclosure or access may occur with or without notice to you, if we have a good faith belief that we are legally required to do so, or that disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding actual or suspected illegal activity, fraud, or other wrongdoing.
Protecting Rights and Safety: We may share your Personal Information with others, with or without notice to you, in cases of emergency or if we believe in good faith that this will help protect the rights, property or personal safety of our company, any of our Users, or any members of the general public.
For the avoidance of doubt, we may share your Personal Information in additional manners, pursuant to your explicit approval, or if we are legally obligated to do so. Additionally, we may transfer, share or otherwise use Non-personal (including anonymized, statistical or aggregated) Information in our sole discretion and without the need for further approval.
Storing, Transfer and retention of Users Personal Information
Information regarding the Users will be maintained, processed and stored by us and our authorized affiliates and service providers in the United States, EU and in Israel.
By providing your information, you expressly consent to the place of storage and transfer described above, including transfers outside of the jurisdiction in which the information was provided.
We retain the Personal Information we collect or receive from you only for as long as your registered account exists in our system and as needed in order to provide you with the Services and as otherwise necessary to comply with applicable laws and regulations. If you withdraw your consent to us processing your Personal Information, including by deleting your account, we will delete your Personal Information from our systems (except to the extent such data in whole or in part is required to comply with any applicable rule or regulation and/or to respond to or defend against legal proceeding bought against us or our affiliates).
Using cookies and other tracking technologies
Minors and third-party information provided by you
To access the Services, you must be over the age of sixteen (16). Opster does not knowingly collect Personal Information from children under the age of sixteen (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 sixteen (16) are not using the Service. In the event that it comes to our attention that a person under the age of sixteen (16) is using the Services, we may prohibit and block such User from using the Services and will make all efforts to promptly delete any Personal Information with respect to such User.
If you are submitting to the Services any personal information pertaining to any minor child, you hereby represent and warrant that you have received all the necessary legal consents or approvals or that you are the parent or legal guardian and have the actual authority and legal right to upload, submit, disclose or otherwise share the Non-personal Information and/or Personal Information and/or any other form of sensitive information, on the minor’s behalf.
If you are submitting to the Services any personal information pertaining to any third party, you hereby represent and warrant and have received all the necessary legal consents or approvals and have the actual authority and legal right to upload, submit, disclose or otherwise share the Non-personal Information and/or Personal Information and/or any other form of sensitive information, on the third party’s behalf.
We welcome qualified candidates to apply to any of the open positions posted on our Website by sending us your contact details and CV or resume (“Candidate Information”). Since privacy and discreetness are very important to our candidates, we are committed to keep Candidate Information private and will use it solely for our internal recruitment purposes (including for identifying candidates, evaluating their applications, making hiring and employment decisions, and contacting candidates by phone or in writing).
Please note that we may retain Candidate Information submitted to us even after the applied position has been filled or closed. This is done so we could re-consider candidates for other suitable positions and opportunities at Opster; so we could can use the Candidate Information as a reference for future applications; and in case the candidate is hired, for additional employment and business purposes related to their employment with us.
If you previously submitted your Candidate Information to us, and now wish to access it, update it or have it deleted from our systems, please contact us at [add email address].
We take great care in implementing and maintaining the security of the Services and of your Personal Information. We employ industry standard procedures and policies to ensure the safety of our your information, reduce the risks stemming from loss of information and prevent unauthorized use of any such information. However, we do not and cannot guarantee that unauthorized access will never occur and reiterate that no measure can provide absolute information security.
Updating, obtaining a copy of or deleting your information
If the law applicable to you grants you such rights, you may ask to access, correct, or delete your Personal Information that is stored in our systems. You may also ask for our confirmation as to whether or not we process your Personal Information. Subject to the limitations in law, you may request that we update, correct, or delete inaccurate or outdated information. You may also request that we suspend the use of any Personal Information whose accuracy you contest while we verify the status of that data. Subject the limitations in law, you may also be entitled to obtain the Personal Information you directly provided us (excluding data we obtained from other sources) in a structured, commonly used, and machine-readable format and may have the right to transmit such data to another party.
If you wish to exercise any of these rights, contact us with an explicit request at our Community Support Line at +18574444540 or at email@example.com. When handling these requests, we may ask for additional information to confirm your identity and your request. Please note, upon request to delete your Personal Information, we may retain such data in whole or in part to comply with any applicable rule or regulation and/or to respond to or defend against legal proceedings brought against us or our affiliates.
To find out whether these rights apply to you and for any other privacy-related matters, you can contact your local data protection authority if you have concerns regarding your rights under local law.
Have any questions?