Privacy Policy

Opster Ltd. Privacy Policy

Last Updated : June 1st, 2023

Introduction

Opster Ltd. an Israeli private limited company, having its principal place of business at Hasizef 4, Raanana 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/OpenSearch Operation Solution and/or AutoOps and/or community tools/ (the “SaaS”) and/or any tools we offer that run on premise (such as the Search Gateway and the Opster Management Console )(“On-Prem Tools”), and our website at www.opster.com (“Website”). The Website, On-Prem Tools and SaaS are together the “Services“.

About our Privacy Policy

This Privacy Policy (the “Privacy Policy” or “Policy”) applies when you visit or use our Services, and is intended to describe our practices regaarding the information we may collect from you when you use the Service, the manners in which we may use such information, and the options and rights available to you.

This Policy supplements and shall be read in conjunction with our Terms of Use (the “TOU”) and our Cookie Policy (the “Cookie Policy”), and may be supplemented by additional privacy statements, terms or notices provided to you. Capitalized terms which are not defined herein, shall have the meaning ascribed to them in our TOU.

Your Consent 

PLEASE READ CAREFULLY THIS PRIVACY POLICY BEFORE ACCESSING AND USING THE SERVICES. BY ENTERING, CONNECTING TO, ACCESSING AND/OR USING OUR SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THIS PRIVACY POLICY, INCLUDING TO THE COLLECTION AND PROCESSING OF PERSONAL INFORMATION (AS DEFINED BELOW) AND AS FURTHER DETAILED IN THIS POLICY. 

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.

We do not collect any Personal Information from you or related to you without your approval, which is obtained, through your active acceptance of the TOU, this Privacy Policy and our Cookie Policy.

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.

We perform such automatic collection through: (i) use of cookies, web beacons, unique identifiers, and similar technologies, with respect to Users; and (ii) unique identifiers you provided us with, such as email, ID number, full name, and  Technical Identifiers (as defined below). Such means of collection allow us to collect information about the pages and screens Users view, the links they click, engagement within the Services, and other actions you take when using our Services. 

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.

THEREFORE, IF YOU ARE A USER, YOU MAY ONLY PROVIDE US PERSONAL INFORMATION OR ALLOW US ACCESS THERETO IN ACCORDANCE WITH THIS PRIVACY POLICY.

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

We collect, process and use your information for the purposes described in this Privacy Policy, based at least on one of the following legal grounds:  

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. 

Legitimate interests: We process your information for our legitimate interests while applying appropriate safeguards that protect your privacy. This means that we process your information for things like detecting, preventing, or otherwise addressing fraud, abuse, security, usability, functionality or technical issues with our services, protecting against harm to the rights, property or safety of our properties, our Users, or the public as required or permitted by law; enforcing legal claims, including investigation of potential violations of this Privacy Policy; and in order to comply and/or fulfil our obligations under applicable laws, regulations, guidelines, industry standards, contractual requirements, legal process, subpoena or governmental request, as well as our Terms of Use.

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.

Our Staff: We may share Personal Information internally with our staff at Opster, for the purposes described in this Privacy Policy. Should we undergo any change in control, including by means of merger, acquisition or purchase of substantially all of its assets, your Personal Information may be shared with the parties involved in such event. If we believe that such change in control might materially affect your Personal Information then stored with us, we will notify you of this event and the choices you may have via e-mail and/or prominent notice on our Website, SaaS and/or Services.

For the avoidance of doubt: 

(i) we may share your Personal Information in additional manners, pursuant to your 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.

(ii) some of the Services we may offer, such as our AI Services, are presented to you and operated by third parties. We will share your Personal Information with such third parties with your approval. These AI services, such as Open AI, are not obligated by this Privacy Policy. For more information on the use of our AI Services please refer to our Terms of Use.    

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.

While the data protection laws in the above jurisdictions may be different than the laws of your residence or location, please know that we, our affiliates and our service providers that store or process your personal information on our behalf are each committed to keep it protected and secured, pursuant to this Privacy Policy and industry standards, regardless of any lesser legal requirements that may apply in their jurisdiction.

Specifically, each of our Third Party Service Providers  which store or process your Personal Information either: (i) assured us that they provide adequate safeguards to protect your rights to privacy including where applicable by undertaking to comply with the EU Standard Contractual Clauses; (ii)  where applicable, hold and process such information on our behalf in jurisdictions which have been determined to ensure an adequate level protection by the EU Commission; (iii) perform such processing pursuant to your consent and acceptance of their privacy policy as further detailed in this Privacy Policy. 

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

We may use certain monitoring and tracking technologies to understand how you use our Services, including ones offered by Third Party Service Providers. 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. For example, these technologies enable us to: (i) keep track of and “remember” our Users’ preferences and authenticated sessions, (ii) secure our Services by detecting abnormal behaviors, (iii) identify technical issues and improve the overall performance of our Services, (iv) and create and monitor analytics. 

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.  

Job Candidates

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 jobs@opster.com.

Data security 

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 info@opster.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.

Changes to the Privacy Policy 

The terms of this Privacy Policy will govern the use of the Services and any information collected therein. Opster reserves the right to change this Privacy Policy at any time, so please re-visit this page frequently. We will provide notice of substantial changes of this Privacy Policy on the homepage of the Website and/or we will send you an e-mail regarding such changes to the e-mail address that you may have provided to us. Such substantial changes will take effect seven (7) days after such notice was provided on our Website 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 Website after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.

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.

Have any questions? 

If you have any questions (or comments) concerning this Privacy Policy, you are welcome to send us an email at info@opster.com  and we will make an effort toreply within a reasonable timeframe. 

Cookie Policy

Opster Cookie Policy 

This policy explains how Opster Ltd. (“Opster” or “we“), uses cookies, similar tracking technology and your related choices. For more information on other ways we collect and use information from you and your use of our websites, at https://www.Opster.com (“Website“), please see our Privacy Policy at (“Privacy Policy”).

In this Cookie Policy we use the term “cookies” to refer to any applicable tracking technologies described herein. Any capitalized terms not otherwise defined in this Cookie Policy shall have the meaning ascribed to them in the Privacy Policy.

1. WHAT ARE COOKIES AND SIMILAR TECHNOLOGY

• Cookies are small text files that are stored on your device to help websites and mobile apps remember things about you. Session-based cookies last only while your browser is open and are automatically deleted when you close your browser. Persistent cookies last until you or your browser delete them or until they expire. To learn more about cookies, visit http://www.allaboutcookies.org/.   
• Pixel Tags (also known as web beacons or clear GIFs) are transparent images, iFrames, or JavaScript placed on a website or in marketing emails that are used in order to understand how you interact with such websites or emails.
• Social Media Features, such as the Facebook “like” button, may collect your IP address and which page you are visiting on a website, and may set a cookie to enable the feature to function properly. Your interactions with these features are governed by the privacy policy of the company providing the relevant Social Media Features.
• Single Sign-on allows you to log in to certain websites or mobile applications using sign-in services provided by third parties, such as Facebook or Google. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign-up form. 
• Ad ID is a unique number issued to you by an entity which received your permission to serve you with advertisements. The Ad ID allows persons or entities with whom you interact to gather and store information they learn about you in connection with your Ad ID. Most entities that have assigned you with an Ad ID allow you to delete or change such Ad ID and thereby prevent third parties from colleting information concerning your behavior across multiple sessions. To learn more about Ad ID and how change or delete it on Android and Apple, please refer to https://www.androidguys.com/tips-tools/how-to-disable-personalized-ads-on-android/ and  https://support.apple.com/en-il/HT205223. 

2. HOW WE USE COOKIES

The cookies we use can be classified in one of the following categories:

3. WHAT THIRD PARTY COOKIES WE USE 

We use the following Third-Party Cookies (partial list):

We use the following First Party Cookies:

• Authentication data (Security cookie)
• User selection (Functionality and Preference cookie)

4. YOUR CHOICES

• Strictly Necessary Cookies: Because these cookies are essential to operate our Website, if you object to these cookies you may not be able to enjoy the functionality and accessibility of our Website. 
• Targeting and Advertising Cookies:

• You can opt out of interest-based targeting provided by participating ad servers through the Network Advertising Initiative at www.networkadvertising.org/managing/opt_out.asp or the Digital Advertising Alliance at www.aboutads.info/
• You may be able to change your device settings (on your iPhone, iPad or Android) to control whether you see online interest-based ads and thereby to prevent multiple session tracking.
• You can opt out of third party tracking technologies by following the instructions provided by each third party service provider in its privacy policy.
• You can learn more about your options by visiting www.youradchoices.com, www.youradchoices.eu, https://www.androidguys.com/tips-tools/how-to-disable-personalized-ads-on-android/ and  https://support.apple.com/en-il/HT205223.
• Other Cookies: 

• You can follow the instructions provided by your web browser or mobile browser (usually located within the “Help”, “Tools” or “Edit” facility) to modify your cookie and Ad ID settings. 
• You can opt out of third-party tracking technologies by following the instructions provided by each third party service provider in its privacy policy.
• Deletion of Cookie history: 
• You can choose to delete your cookie history and to opt-out from future usage of cookies by Opster by emailing us at info@opster.com.

5. DO NOT TRACK

We do not currently commit to responding to your browsers’ ‘Do Not Track’ signals with respect to our Website, in part, because no common industry standard for ‘Do Not Track’ has been adopted by regulators, including no consistent standard of interpreting a user’s intent. We are committed to monitoring the developments around ‘Do Not Track’ and the implementation of a standard.

6. CHANGES TO THIS COOKIE POLICY

We may update this Cookie Policy from time to time. We encourage you to periodically review this Cookie Policy to stay informed about our use of cookies, the information we collect via cookies, and any updates in relation thereto. If we make any changes to this Cookie Policy that significantly impact the way we use cookies, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Website. Your continued use of our Website constitutes your agreement to this Cookie Policy and any updates.

7. CONTACT US

If you have any questions about our use of cookies, please contact us at: info@Opster.com