Otterize | eBPF-Powered Runtime Security for Cloud-Native Workloads

Privacy Policy

Last Updated: Oct 30th, 2023

Introduction

Otterize Inc. (“Otterize”, “we”, “our” or “us”) develops a cloud-based products, including Otterize OSS, Otterize Cloud, and operates the website: https://otterize.com/, its subdomains and its related features (“Website”, collectively – the “Services”).

Otterize is dedicated to protecting your privacy rights and making our practices regarding your personal data more transparent and fair. This Privacy Policy (“Policy”) was designed to help you understand the information we collect, store, use and share, and it applies whenever you visit or interact with our Services. This Policy is integrated into and forms part of Otterize's Terms of Use and is incorporated therewith by reference. Please note that parts of this Policy may not be applicable to you, depending on the jurisdiction in which you reside and the applicable laws.

We strongly urge you to read this Policy and make sure that you fully understand and agree to it. By using our Services, you signify your acceptance of this Policy. If you do not agree to this Policy, please discontinue and avoid using our Services. You are not legally required to provide us with any personal data, but without it, we will not be able to provide you with the full range or with the best experience of using our Services. You have the right to cease using our Services, pursuant to this Policy at any time. Your continued use of our Services following the posting of changes to this Policy will mean that you accept those changes.

Specifically, this Policy describes:

WHAT TYPES OF DATA WE COLLECT?
TRACKING TECHNOLOGIES
WHY WE PROCESS YOUR PERSONAL DATA?
WITH WHOM WE SHARE YOUR DATA?
MARKETING AND ADVERTISING
YOUR RIGHTS
TRANSFER OF PERSONAL DATA
MINORS
RETENTION
UPDATES TO THIS POLICY
CONTROLLING VERSION
GOVERNING LAW
CONTACT US

1. WHAT TYPES OF DATA DO WE COLLECT?

We collect personal data from you, meaning any information which potentially allows your identification with reasonable means (for example, email address or name, collectively "Personal Data"). This section sets out how and when we collect and process Personal Data about you.

Account Information: If you choose to register an account with our Services, sign our Contributor License Agreement ("CLA") or order form subscribing to the Services ("Order Form"), we collect your full name, email address and username. If you choose to log in, access or otherwise connect to the Services through Google, or a social networking service or a single-sign on service (such as Facebook, Twitter, Instagram, etc.), we collect your user ID and/or username associated with that service, as well as any information you make public using that service or that service allows us to access;
GitHub identity information under CLA: we collect information that contributors provide us when they sign our CLA on GitHub, including their name, email, GitHub username and corporate name;
Usage Information: When you use our Services, we collect certain usage about your interaction with our Services. Such information includes clicks, pages viewed and other data, which relates to your activity in our Services;
Technical Information. When you use our Services, we collect technical information about your device. Such information includes browser type, browser version, browsing history and timestamp, as well as an IP address, geo-location, unique identifiers (e.g. MAC address and UUID), operating system, language, mobile carrier, device information etc.; and
Communication Information. When you send us an email or contact us in our Services, we collect the Personal Data you provide us. This includes your name, email address, and any other information you choose to provide.

2. TRACKING TECHNOLOGIES

When you visit or access our Services, we use cookies, pixels, beacons, local storage and similar technologies ("Tracking Technologies"). These Tracking Technologies allow us to automatically collect information about you, your device, and your online behavior, in order to enhance your navigation in our Services, improve our Services' performance, perform analytics, customize your experience and offer you, for example, tailored content and advertisements that better correspond with your interests.

2.1. What types of Tracking Technologies do we use?

When you use or access our Services, we use the following categories of Tracking Technologies:

Strictly Necessary Tracking Technologies: these Tracking Technologies are automatically placed on your computer or device when you access our Services or take certain actions on our Services. These Tracking Technologies are essential to enable you to navigate around and use the features of our Services. We do not need to obtain your consent in order to use these Tracking Technologies;
Tracking and Advertising Tracking Technologies: these Tracking Technologies collect information about your browsing habits in order to make advertising more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of an advertising campaign. The Tracking Technologies remember the websites you visit and that information is shared with other parties such as advertisers, publishers and ad networks. Publishers, advertisers, and third-party ad networks also utilize Tracking Technologies or similar technologies to deliver ads and monitor the performance of such ads. The collection of information through Tracking Technologies by such third parties will be governed by their own privacy /cookie policies and principles, which we do not control;
Functionality Tracking Technologies: these Tracking Technologies allow our Services to remember choices you make (such as your language) and provide enhanced and personalized features. For example, these Tracking Technologies are used for authentication (to remember when you are logged-in) and support other features of our Services; and
Performance Tracking Technologies: these Tracking Technologies collect information about your online activity (for example the duration of your visit on our Services), including behavioural data and content engagement metrics. These Tracking Technologies are used for analytics, research and to performing statistics (based on aggregated information).

2.2. How and by whom Tracking Technologies are stored on your device?

We store Tracking Technologies on your device when you visit or access our Services, these are called "First Party Tracking Technologies". In addition, Tracking Technologies are stored by other third parties (for example, our analytics service providers, business partners, and advertisers), who run content on our Services – these are called "Third Party Tracking Technologies". Both types of Tracking Technologies can be stored either for the duration of your visit on our Services or for repeat visits.

You can manage and control your Tracking Technologies preferences by changing your browser settings to send a “Do-Not-Track” signal. In such case, your browser will send us a special signal to stop tracking your activity. However, please note that certain features of the Services may not work properly or effectively if you delete or disable cookies.

Below is a list of useful links that can provide you with more information on how to manage your cookies:

You can learn more and turn off certain third party targeting and advertising cookies by visiting the following third-party webpages:

3. WHY WE PROCESS YOUR PERSONAL DATA?

This section explains for what purposes we use your Personal Data and outlines the legal bases that underlie our usage.

Purpose	Legal basis
Provision of our Services; support. We use your Personal Data, such as your name and email address, for consumer Services
purposes. This includes, for example, responding to your inquiries.	The legal bases for processing this data are the performance of our contractual obligations towards you; your consent (for example, when you provide Personal Data); compliance with our legal obligations and our legitimate interests. Our legitimate interests in this case are enforcing our policies, protection against fraud and misuse of our Services.
Payments. We collect from our third-party payment processors certain information about your payment instruments, for the purposes of filling order and transaction, connecting your payment method to your account on the Services, billing and sending invoices.	The legal bases for processing this data are the performance of our contractual obligations and our legitimate interests. Our legitimate interests in this case are provision of our Services; and compliance with legal obligations to which we are subject.
Improve our Services. We collect and analyse information about you and your usage of our Services to improve the usability and effectiveness of our Services.	The legal base for processing this data is our legitimate interest. Our legitimate interests in this case are providing and improving our Services.
Marketing and Advertising. We use Tracking Technologies (which collect Personal Data) in order to provide you with personalized advertisements when you visit our Services.	The legal bases for processing this data are your consent (where required) and our legitimate interests. Our legitimate interests in this case are providing you with tailored Services, content and advertisements that better correspond with your interests.
Integrity. We process certain information about you and your usage of our Services in order to keep the integrity and security of our Services, identify your identity and enforce our policies.	The legal bases for processing this data are compliance with our legal obligations and our legitimate interests. Our legitimate interests in this case are keeping the integrity of our Services; detection of fraudulent activities; and the safety of our end-users.
Compliance with applicable laws. We process your personal data in order to comply with our legal obligation under applicable laws.	The legal bases for processing this data are compliance with our legal obligations and our legitimate interests. Our legitimate interests in this case are compliance with our legal obligations and assisting law enforcement agencies.

Service providers: our service providers work on our behalf and need access to certain Personal Data in order to provide their services to us. These companies include, but are not limited to, hosting services, analytics services, identity verification providers, etc.;
Third party advertisers: we partner with third parties to either display advertising on our Services or to manage our advertising on other websites or apps. Our third-party advertisers use Tracking Technologies to gather information about your activities on our Services in order to provide you advertising based upon your browsing activities and interests;
Third Party Integrations: the Services allow you to integrate with certain third party' services, in order to connect your third party account to our Services. In which case you will be bound by the terms and conditions and privacy notices of said third parties. Please make sure that you read and accept them in advance;
Compliance with laws and law enforcement entities: we disclose your Personal Data to government or law enforcement officials or private parties. The disclosure will be made in our sole discretion, as we believe it necessary or appropriate to respond to claims and legal procedures (including but not limited to subpoenas), to protect our or a third party’s property and rights, to protect the safety of the public or any person, or to prevent or stop any activity we consider to be, or to pose a risk of being, illegal, unethical, inappropriate or legally actionable. We also may be required to disclose your Personal Data in response to a lawful request by public authorities, including meeting national security or law enforcement requirements;
Auditors and advisers: we share your Personal Data with our external auditors, advisors and professional service providers (e.g. lawyers, accountants, insurers etc.) for ensuring our compliance with regulatory requirements and industry standards, auditing, managing disputed etc.; and
Mergers and acquisitions: we share your Personal Data with our affiliated companies. In addition, we transfer or share your Personal Data in case of entering into a business transaction such as a merger, acquisition, reorganization, bankruptcy, or sale of some or all of our assets.

More information about the categories of such third-party recipients is described below:

Category of Personal Data	Personal Data that will be shared	Categories of third parties
Identifiers	A real name, postal address, internet protocol address, email address, account name, telephone number, credit card number and any other unique personal identifier including online identifier.	Service providers, Third Party integrations, Third party advertisers
Protected classification characteristics (under the relevant applicable laws)	N/A	N/A
Commercial data	N/A	N/A
Internet or other electronic network activity data	Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.	Service providers, Third Party integrations, Third party advertisers
Geolocation data	Physical location or movements, including the location of your device location or movement.	Service providers, Third Party integrations, Third party advertisers
Inferences drawn from other Personal Data	N/A	N/A
Sensitive Personal Data (under the relevant applicable laws)
N/A	N/A

4.2. In the 12 preceding months, we have collected and shared your Personal Data from the following categories of sources:

Consumer directly;
Advertising networks;
Data analytics providers;
Operating systems;
Social Networks.

5. MARKETING AND ADVERTISING

We use your Personal Data ourselves or by using our third-party subcontractors for the purpose of providing you with promotional materials, ads, products, services, websites and applications which relate to our affiliated companies or our business partners (collectively: “Marketing Affiliates”), which we believe may interest you.

You can decline receiving further marketing offers from us or from our business partners and Marketing Affiliates at any time, by contacting us at [email protected]. Please note that even if you unsubscribe from our marketing-mailing list, we can continue to send you service-related updates and notifications.

6. YOUR RIGHTS

Depending on the jurisdiction in which you reside, you have certain rights under relevant applicable laws regarding the collection and processing of your Personal Data. To the extent these rights apply and concern you, you can contact us via the contact details available below and ask to exercise the following rights:

6.1. Rights of access to your Personal Data:

You have the right receive confirmation as to whether or not Personal Data concerning you is being processed, and access your stored Personal Data, together with supplementary information.

6.2. Right of data portability:

You have the right to request us to move, copy and transfer your Personal Data easily from one IT environment to another, in a safe and secure way, without affecting its usability;

6.3. Right of rectification:

You have the right to request rectification of your Personal Data in our control in the event that your believe the Personal Data held by Otterize is inaccurate, incomplete or outdated;

6.4. Right of deletion/erasure:

You have the right to request that Otterize erase or delete Personal Data held about you at any time;

6.5. Right to restriction or objection to processing:

You have the right to request that Otterize restrict or cease to conduct certain Personal Data processes at any time;

To the extent we process Personal Data on the basis of your consent, you have the right to withdraw your given consent at any time;

6.7. Right to limit use and disclosure of your sensitive Personal Data:

You have the right to request to limit the collection of your sensitive Personal Data, to that use which is necessary to perform our Services;

6.8. Right not to be subject to automated decision making:

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects or similarly significant effects to you.

We share your Personal Data (as this term is defined under the CCPA), and you have the right to submit a request to opt-out of sharing your Personal Data. After you opt-out, we may continue sharing some Personal Data with our partners to help us perform business-related functions such as, but not limited to, providing the Services, ensuring that the Services is working correctly and securely, providing aggregate statistics and analytics and preventing fraud;

6.10. Right to non-discrimination:

you have the right to be free from any discrimination for exercising your rights, such as offering you different pricing or products, or by providing you with a different level or quality of services, based solely upon your request;

6.11. Right to lodge a complaint and appeal our decisions:

all requests, complaints or queries may be addressed to Otterize to the following email address: [email protected].

We will consider any requests, complaints or queries and provide you with a reply in a timely manner. We take our obligations seriously and we ask that any concerns are first brought to our attention, so that we can try to resolve them. To the extent you feel unsatisfied with our response to your request to exercise your rights, you may choose to send us a request to appeal our decision. If you are unsatisfied with our response, you can lodge a complaint with the applicable data protection supervisory authority.

Please note that these rights are not absolute, and may be subject to the relevant applicable laws, our own legitimate interests and regulatory requirements.

Authorized agent

You can use an authorized agent to make a request to exercise your right under applicable laws on your behalf if:
1. The authorized agent is a natural person or a business entity; and
2. You sign a written declaration that you authorize the authorized agent to act on your behalf. If you use an authorized agent to submit a request to exercise your right, please provide us with a certified copy of your written declaration authorizing the authorized agent to act on your behalf using the contact information below.
The request must:
1. Provide sufficient information to allow us to reasonably verify you are the person about whom we collected Personal Data or an authorized agent. We cannot respond to your request or provide you with Personal Data if we cannot verify your identity or authority to make the request and confirm the Personal Data relates to you; and
2. Describe your request with sufficient details to allow us to properly understand, evaluate, and respond to it.
We will only use Personal Data provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Data provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

TRANSFER OF PERSONAL DATA

We operate globally, and any information that we collect, disclose or share, including (but not limited to) your Personal Data, can be stored and processed in the European Economic Area, United Kingdom and United States, for the purposes detailed in this Policy.

To the extent that the GDPR is applicable, we will only transfer or share your Personal Data to data recipients:

located in the EEA;
located in non-EEA countries which have been approved as providing adequate level of data protection; or
who entered into a legal agreement ensuring an adequate level of data protection, including the Standard Contractual Clauses as approved by the European Committee.

7. MINORS

We do not knowingly sell or share personal information of users under the age of 16. We do not knowingly collect or solicit Personal Data from Minors (as determined under the applicable laws where the individual resides; “Minors”). By accessing, using or interacting with our Services, you certify to us that you are not a Minor. In the event that we have collected Personal Data from a Minor without verification of parental consent, we will delete that information upon discovery. If you believe that we might have any information from or about a Minor, then please contact us through the contact details available below.

6. RETENTION

We will retain your Personal Data for as long as necessary to provide our Services, and as necessary to comply with our legal obligations, resolve disputes, and enforce our policies. Retention periods will be determined to take into account the type of information that is collected and the purpose for which it is collected, bearing in mind the requirements applicable to the situation and the need to destroy outdated, unused information at the earliest reasonable time.

7. UPDATES TO THIS POLICY

We reserve the right to change this Policy at any time. The most current version will always be posted through our Services (as reflected in the “Last Updated” heading). You are advised to check for updates regularly. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the updated Policy.

8. CONTROLLING VERSION

This Policy has been drafted in the English language, which is the original and controlling version of this Policy. All translations of this Policy into other languages shall be solely for convenience and shall not control the meaning or application of this Policy. In the event of any discrepancy between the meanings of any translated versions of the Policy and the English language version, the meaning of the English language version shall prevail.

9. GOVERNING LAW

This 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 conflict of law principles. 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.

10. CONTACT US

If you have any further questions, please contact us by email at: [email protected].

Address: Otterize, Inc., 2261 Market Street, #5419 (highly important to mention this number!), San Francisco, CA 94114

If you reside in the EU, you may also contact our EU representative:

European Data Protection Office

via form: https://forms.gle/HFNPkSWJpaYXAmSu8

via mail: 1 Eislebener Str., Berlin 10789, Germany

Attn: Ori Shoshan