Legal Hub
Privacy Policy
Last updated March 25, 2022
Demostack and its affiliates (“Demostack”, “we”, “our” or “us”) put great efforts into making sure that the data relating to identifiable individuals (“personal data”) processed by us is safe and used properly, and that our data practices are properly communicated to our customers, users and prospects.
This Privacy Policy describes how we collect, process, store and use the following types of personal data:
- Demostack User Data: such as contact, contractual and billing details concerning our customers, which may also contain the details of their internal focal persons who directly engage with Demostack concerning their organizational account, and users of our demo environment solution or any part thereof (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 needs and preferences, as identified to us or recognized through our engagement with them (“Users” and “User Data” respectively);
- Customer Data: personal data which we collect, process and manage on our customers’ behalf, as part of the usage of the Platform (“Customer Data”). The Customer Data relates to individuals who register as end-users, or otherwise interact with our customers’ demos via our Platform (“End-Users”);
- Demostack Website, CRM, and Prospects Data: data relating to customers, potential customers and visitors of our websites (Demostack.com or any other website in our control, on which this policy is presented), online ads and content, emails or communications under our control (“Websites” and “Visitors” respectively);
- Other Types of Data: Participant Information (as defined below) or any other data or information collected while otherwise interacting with us.
The Website together with the Platform shall be referred to as “the Services”.
Specifically, this Privacy Policy describes our practices regarding –
- Data Collection and Processing
- Data Uses
- Data Location
- Data Sharing
- Data Location
- Cookies and Tracking Technologies
- Communications
- Data Security
- Data Subject Rights
- Data Controller/Processor
- Additional Notice and Contact Details
Please read this Privacy Policy carefully and make sure that you fully understand and agree to 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 (as defined below), please avoid any interaction with us or use of our Services. If you are a User of the Platform on behalf of any of our customers, we suggest that you contact your account administrator with any questions.
1. Data Collection and Processing
(i) Customer Data: Our Platform enables Users to create tailored demos for their software and applications and deliver such demos to End-Users who can access the demo through a link provided to them by a customer (the “Demo”). When an End-User follows the link to the Demo and interacts with the Demo, we collect data on such End-User for the purpose of providing our Services (such as analytics or insights on engagement/interaction with a Demo) and we process such data only per the instructions and on behalf of our customer.
Certain privacy and data protection laws require that prior to processing personal data, a legal basis for such processing is established. Accordingly, whilst Demostack supports these laws by providing our customers with features and options for how they use our Services – our customer is solely responsible for determining whether and how they wish to use our Services and such features, and to ensure that the appropriate legal basis and all necessary notices for the processing of Customer Data have been established and provided, by the customer, prior to our processing it through the Platform.
Demostack processes personal data contained in the Customer Data strictly on our customer’s behalf, in accordance with their reasonable instructions and as further stipulated in our Data Processing Agreement or other applicable commercial agreements with such customer.
Accordingly, to the extent applicable by law, our customer will be deemed the ‘data controller’ (e.g. under the EU GDPR, UK GDPR and similar laws) or ‘business’ (under the CCPA or similar laws) of Customer Data; and Demostack will be deemed the ‘data processor’ or ‘service provider’ when processing such data.
(iI) User Data: We also collect and generate the following Personal Data concerning Users of our Platform:
- User account and contact information (e-mail address and, when applicable - hashed password, name, title, team, company, e-mail and phone number (as provided), and additional information and media submitted by Users, their team members or their organization);
- Platform usage information – (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 installed or utilized on their device);
- Direct interactions and communications with us (including, in some cases, recordings of your calls and emails with us, e.g., for user enablement, support and training purposes).
(iIi) Demostack Website, CRM and Prospect Data: We collect and generate the following types of Personal Data concerning our Visitors, Participants, customers and prospects:
- Website usage information: (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 the device);
- Data obtained through Analytics Tools: We use analytics tools to collect data about the use of our Website and Services. Analytics tools collect data such as how often Users and Visitors visit or use the Website or Services, which pages they visit and when, and which website, ad or e-mail message brought them there.
- Information concerning our customers and prospects: (contact and business details, our communications with such customers and prospects, as well as any needs, preferences, attributes and insights relevant to our potential engagement).
We collect the above categories of data either automatically, through the data subject’s interaction with us or through our Services; or through third party services, social media, analytics tools, events we organize or participate in, and other business initiatives.
(iv) Job Candidates Participants: We also collect and generate the following Personal Data concerning Users of our Platform:
(A) We may collect information provided to us by job candidates (“Candidates”) when they apply to a position in our super awesome company (directly, through head hunters or through other service providers). Demostack welcomes all qualified Candidates to apply to any of the open positions by sending us their contact details and CV (“Candidates Information”). Personal data contained in Candidates Information will be subject to our Candidate Privacy Notice. If you wish to review the notice, please contact us at privacy@demostack.com. (B) If you participate in an event or webinar that we sponsor or participate in (“Participant”), we may receive your personal data from you or from the event organizers. We may also receive your contact and professional details (e.g., your name, company, position, contact details and professional experience, preferences and interests) from our business partners or service provides, and through the use of tools and channels commonly used for connecting between companies and individuals in order to explore potential business and employment opportunities, such as LinkedIn™ and other data services and sources (“Participants Information”).
2. Data Uses
Demostack processes Customer Data, and any personal data contained in it, strictly on the customer’s behalf, in accordance with their reasonable instructions and as further stipulated in our Data Processing Agreement or other applicable commercial agreements with such customer. Demostack is not aware of any data collected (if any) through a customer’s Demo directly by such customer . Please refer to the privacy policy of the relevant customer for more information on their privacy practices.
We process personal data contained in User Data, Demostack Website, CRM and Prospect Data, Candidates Information and Participants Information, as necessary for the following purposes and in reliance on the lawful basis as further detailed in the chart below:
A. User Data
To provide, facilitate, operate, and enhance our Services
Performance of Contract; Legitimate Interests
To personalize our Services, including by recognizing individuals and remembering their information when they return to our Services, and to provide further localization and personalization capabilities
Performance of Contract; Legitimate Interests
To further develop, customize and improve the Services and your user experience, based on common or personal preferences, experiences and difficulties.
Performance of Contract; Legitimate Interests
To contact you with general or personalized service-related messages, as well as promotional messages that may be of a specific interest to you
(Performance of 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, criminal or prohibited activity
(Performance of Contract; Legitimate Interests; Legal Obligation)
To enforce our Terms of Service, 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 Interests, Legal Obligation)
To comply with our contractual and legal obligations and requirements, and maintain our compliance with applicable laws, regulations and standards
(Performance of Contract; Legitimate Interests; Legal Obligation)
For any other lawful purpose, or other purpose that you consent to
(Legal Obligation; Consent)
B. Demostack Website, CRM, Visitor & Prospect Data and Participants Information
To facilitate and optimize our marketing campaigns, ad management and sales operations, and to manage and deliver advertisements for our products and 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. This includes contextual, behavioral and interests-based advertising based on your activity, preferences or other data available to us or to our business partners
(Legitimate Interests; Consent)
To gain a better understanding on how individuals use and interact with our Services, and how we could improve their and others’ user experience and the value they can generate from using our Services, so we could continue improving our products, offerings and the overall performance of our Services
(Legitimate Interests)
To contact you with general or personalized service-related messages, as well as promotional messages that may be of a specific interest to you
(Performance of 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, criminal or prohibited activity
(Performance of Contract; Legitimate Interests; Legal Obligation)
To create aggregated statistical data, inferred non-personal data, or anonymized or pseudonymized data (rendered non-personal and non-identifiable), which we or our business partners may use to provide and improve our respective services, or for any other purpose
(Legitimate Interests)
To enforce our Terms of Service, 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 Interests, Legal Obligation)
To comply with our contractual and legal obligations and requirements, and maintain our compliance with applicable laws, regulations and standards
(Performance of Contract; Legitimate Interests; Legal Obligation)
For any other lawful purpose, or other purpose that you consent to
(Legal Obligation; Consent)
3. Data Location
We and our authorized Service Providers (as defined below) maintain, store and process Personal Data in Google servers in the United States of America. We may also retain your Personal Data in Israel, a jurisdiction which is considered by the European Commission as offering an adequate level of protection for the personal data of EU Member State residents, and in other locations as reasonably necessary for the proper performance and delivery of our Services, or as may be required by law; provided that Customer Data may only be processed in such locations as permitted in commercial agreements with the applicable customer.
While privacy laws may vary between jurisdictions, Demostack and its affiliates are each 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 their jurisdiction. For data transfers from the EEA, UK or Switzerland to countries which are not considered to be offering an adequate level of data protection, we and the relevant data exporters and importers have entered into Standard Contractual Clauses as approved by the European Commission (or other applicable authority) or other transfer mechanism recognized by applicable laws such as Binding Corporate Rules.
4. Data Retention
Use and Customer Data
We retain Customer Data strictly on our customer’s behalf, in accordance with their reasonable instructions as further stipulated in our Data Processing Agreement or other applicable commercial agreements with our customer, and applicable laws.
Please note that, except as required by applicable law or our specific agreements with you, we will not be obligated to retain personal data for any particular period, and we are free to securely delete it or restrict access to it for any reason and at any time, with or without notice to you. If you have any questions about our data retention policy, please contact us by e-mail at privacy@demostack.com.
Other Types of Data
We retain User Data, Demostack Website, CRM & Prospect Data, and Participant Information for as long as reasonably necessary in order to maintain and expand our relationship and to provide them with our Services, for as long as is required 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), in accordance with our data retention policy.
Please note that except as required by applicable law or our specific agreements with you, we will not be obligated to retain your Personal Data for any particular period, and we are free to securely delete it or restrict access to it for any reason and at any time, with or without notice to you. If you have any questions about our data retention policy, please contact us by e-mail at privacy@demostack.com.
5. Data Sharing
Legal Compliance
In exceptional circumstances, and except as stipulated otherwise in the commercial agreements with you, 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 our legitimate business interests, including the security or integrity of our products and services.
Service Providers:
We may engage with selected third-party companies and individuals to perform services 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 and prevention services, web analytics, e-mail distribution and monitoring services, session or activity recording services, remote access services, performance measurement, data optimization and marketing services, social and advertising networks, content providers, e-mail, voicemails, support and customer relation management systems, and our legal, financial and compliance advisors (collectively, “Service Providers“). For a full list of third parties, please contact us at privacy@demostack.com.
These Service Providers may have access to your personal data, depending on each of their specific roles and purposes in facilitating and enhancing our Services, and may only use it for such limited purposes as determined in our agreements with them.
Third Party Websites and Platform:
Our Website may include links to third party websites, and integrations with third party services. Such websites and third-party services, and any information you process, submit, transmit or otherwise use with such websites and third-party services, are governed by such third party’s terms and privacy practices and policies, and not by this Privacy Policy. We encourage you to carefully read the terms and privacy policies of such website and third-party services. Sharing Personal Data with End-Users: User Data is shared and available to the End-Users as part of the Demo created by the applicable customer. This means that the End-Users of such customer may access the User Data that was uploaded and used in the Demo (if any), and will be able to monitor, and possibly process and analyse the Personal Data contained therein.
Please note that Demostack is not responsible for and does not control any disclosure, use or monitoring by or on behalf of the customers, that itself acts as the ‘data controller’ of such data (as further described in Section 10 below). 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 Demostack, any of our Users or customers, or any members of the general public.
Demostack Subsidiaries and Affiliated Companies:
We may share Personal Data internally within our group, for the purposes described in this Privacy Policy. In addition, should Demostack 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. If we believe that such change in control might materially affect your User and Customer Data or Personal Data then stored with us, we will notify you of this event and the choices you may have via e-mail or prominent notice on our Services.
For the avoidance of doubt, Demostack may share 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 Tracking 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 may 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.
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.
We also use analytics tools, including Google Analytics which may use cookies, beacons and other technologies. These tools help us understand users’ behaviour on our Website and Platform, including by tracking page content, and click/touch, movements, scrolls and keystroke activities.
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 may engage in service and promotional communications, through e-mail, phone, SMS and notifications.
Service 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, service changes, log-in attempts or password reset notices, etc. 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, Participant 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 any other sites or platforms.
If you do not wish to receive such promotional communications, you may notify Demostack at any time by sending an e-mail to: privacy@demostack.com, or by following the “unsubscribe”, “stop”, “opt-out” or “change e-mail preferences” instructions contained in the promotional communications you receive.
8. Data Security
We and our hosting services implement systems, applications and procedures to secure your personal data, to minimize the risks of theft, damage, loss of information, or unauthorized access or use of information.
However, although we make efforts to protect your privacy, we cannot guarantee that our Sites, Platform or Services will be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse.
To learn more, please email privacy@demostack.com.
9. Data Subject Rights
Individuals have rights concerning their Personal Data. If you wish to exercise your privacy rights under any applicable law, such as the right to request access to, and rectification or erasure of your Personal Data held with Demostack, or to restrict or object to such Personal Data’s processing, or to port such Personal Data, or the right to equal services and prices (each to the extent available to you under the laws which apply to you) – please contact us by e-mail at privacy@demostack.com.
Please note that when you ask us to exercise any of your rights under this policy or applicable law, 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 to you of personal data related to others and to ask you to provide further information to better understand the nature and scope of data that you request to access. Such additional data will be then retained by us for legal purposes (e.g., as proof of the identity of the person submitting the request), in accordance with Section 4 above. We may redact from the data which we will make available to you, any personal data related to others.
If you are an End-User and would like to make any requests or queries regarding Personal Data that we process on our customer’s behalf, please contact the administrator of such customer’s account directly. If you are our customer’s End User, and wish to access, correct, or delete data processed by Demostack on behalf of our customer, please direct your request to the relevant customer (who is the “data controller” of such data – see Section 10 below). Note that if you do contact us, we may share your communications with our customer; and that we may also share the contact details of the account administrator with individuals who sent us such a request or query relating to this account.
10. Data Controller/Processor
Certain data protection laws and regulations, such as the GDPR or the CCPA, typically distinguish between two main roles for parties processing Personal Data: the “data controller” (or under the CCPA, “business”), who determines the purposes and means of processing; and the “data processor” (or under the CCPA, “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.
Demostack is the “data controller” or ‘business’ (under the CCPA or similar laws) of the User Data, Demostack Website, CRM and Prospect Data, Participants Data, and, Job Candidate 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”.
Demostack is the “data processor” or ‘service provider’ of End-User Data, which we process on behalf of our customer (who is the “data controller” of such data); and our Service Providers who process such User and Customer Data on our behalf are the “sub-processors” of such data.
Accordingly, Demostack processes End-User Data strictly in accordance with such customer’s reasonable instructions and commercial agreements with such customer. The customer, as controller of such data, will be responsible for meeting any legal requirements applicable to data controllers (such as establishing a legal basis for processing and responding to Data Subject Rights requests concerning the data they control).
For the avoidance of doubt, each customer is solely responsible for providing adequate notice to its End-Users, customers and any other individual whose data may be contained in Customer Data – including sufficient reference to the processing of their Personal Data via the Services, and any other information necessary to comply with all applicable privacy and data protection laws; and to obtain all approvals and consents from such individuals as required under such laws.
11. Additional Notices
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 as of the date it is published. We will provide prior notice if we believe any substantial changes are involved via any of the communication means available to us or via the Website and/or Platform. After such notice period, all amendments shall be deemed accepted by you.
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.
Our Services are not designed to attract children under the age of 18:
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 18 is using the Sites, Platform and/or 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 e-mail at privacy@demostack.com.
Questions, concerns or complaints:
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 Demostack’s support at privacy@demostack.com. If you are a GDPR-protected individual, you may also have the right to lodge a complaint with an EU supervisory authority.
Effective Date: March 25, 2022