Effective date: July 1, 2020
Rafiki, Inc (together with its affiliates companies – “Rafiki”, “we”, “our” or “us”) puts great efforts in making sure that the personal data processed by us is safe and used properly, and that our data practices are properly communicated to our customers, users and prospects.
(i) Customer Data:
Data relating to identifiable individuals (“Personal Data
”), which we analyze, process and manage on our customers’ behalf, as part of the Rafiki Analytics services (“Services
”). Specifically, this is data which is contained in call and video recordings, transcripts, e-mails and other communications and content, as well as data submitted by our customers (including by connecting their systems with the Services);
(ii) Rafiki User Data:
Account, contact and activity data relating to individuals who use the Rafiki platform, mobile application, and other tools and features provided by us as part of the Services (collectively – “Platform
(iii) Rafiki Website, CRM & Prospect Data:
Data relating to our customers, visitors of to www.getRafiki.ai website ("Website
") and to any subdomains of this website, including https://app.getrafiki.ai
, participants at our events, and any other prospective customer or partner who visits or otherwise interacts with any of our websites, online ads and content, emails or communications under our control (“Sites
Data Collection & Processing
(i) Customer Data: Our Services enable Rafiki customers to record, transcribe, analyze and share the contents of their sales communications, including phone calls, video conferences, email and other correspondences, as well as their CRM and customer contacts (collectively, “Customer Data”).
Customer Data typically contains data which relates to identifiable individuals, such as the customer’s sales representatives, prospects, and other parties either taking part in their communications or mentioned there.
In particular, at our customer’s choice, we may also use their Customer Data in order to identify and create unique “voice patterns” of each of their users, in order to better distinguish them in those communications they take part in.
Certain privacy and data protection laws require that call recordings may only be initialized pursuant to one or more of the parties’ consent (whether explicit or implicit, depending on applicable law), or subject to certain restrictions. Certain laws also deem unique voice pattern data, which is subject to special protections and care. Accordingly, whilst Rafiki 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 all individuals using Rafiki on their behalf or at their request have given their informed consent to these practices, and that all legal requirements applicable to the collection, recording and use of data through our Services are fully met by them, including specifically in the context of an employment relationship.
Rafiki processes Customer Data, and the personal data contained in it (including any voice patterns generated via such communications), strictly on our customer’s behalf, in accordance with their reasonable instructions and other commercial agreements with such customer.
(ii) Rafiki User Data: We collect and generate the following types of personal data concerning users of our Platform –user account information (e-mail address and, when applicable, hashed password);
profile and contact information (name, title, team, company, e-mail and phone number, and additional information and media submitted by them, their teammates 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; and
direct interactions and communications with us (including recordings and transcripts of your calls and emails with us, e.g. for user enablement, support and training purposes).
Whilst Rafiki processes such Rafiki User Data on its customers’ behalf (where it is included in Customer Data), we also use it for our own purposes, as described in Section 2 below. Accordingly, to the extent applicable – our customer will be deemed the “Data Processor” or “Business” with respect to such data; Rafiki will also be deemed an independent and separate “Data Processor” or “Business” with respect to such data; and with respect to those portions or copies of Rafiki User Data that we process on behalf of our customer – we will also be deemed a “Data Processor” or “Service Provider” .
(iii) Rafiki Website, CRM & Prospect Data: We collect and generate the following types of personal data concerning our website visitors, 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 their device;
Customer account information (contact, contractual and billing details concerning our customers, which may also contain the details of their internal focal persons who directly engage with Rafiki concerning their organizational account, e.g. the account administrators, 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);
Information concerning our customers and prospects (contact and business details, our communications with such customers and prospects (correspondences, call and video recordings, and analyses thereof), as well as any needs, preferences, attributes and insights relevant to our potential engagement).
We collect such data either automatically, through the data subject’s interaction with us or with our website, Platform or Services; or through third party services, social media, analytics tools, events we organize or participate in, and other business initiatives.
Rafiki processes Customer Data, and the personal data contained in it, strictly on our customer’s behalf, in accordance with their reasonable instructions and other commercial agreements with such customer.
We use other types of Personal Data (Rafiki User Data and Rafiki Website, CRM & Prospect Data) as necessary for the performance of our Services; to comply with our legal and contractual obligations; and to support our legitimate interests in maintaining and improving our Services, e.g. in understanding how our Services are used and how our campaigns are performing, and gaining insights which help us dedicate our resources and efforts more efficiently; in marketing, advertising and selling our Services; providing customer service and technical support; and protecting and securing our customers, users, visitors, prospects, ourselves and our Services.
We do not sell your personal information for the intents and purposes of the California Consumer Privacy Act (CCPA).
Specifically, we use Rafiki User Data and Rafiki Website, CRM & Prospect Data for the following purposes:To facilitate, operate, and provide our Services;
(To train our customer and user-facing staff;
(b) To authenticate the identity of our users, and to allow them access to our Services;
(c) To provide our customers and users with assistance and support;
(d) To gain a better understanding on how individuals use and interact with our Sites and Services, and how we could improve their and others’ user experience, and continue improving our products, offerings and the overall performance of our Services;
(e) 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;
(f) To contact our customers, users and prospects with general or personalized service-related messages, as well as promotional messages that may be of specific interest to them (as further described in Communications Section below);
(g) To facilitate, sponsor and offer certain events, contests and promotions;
(h) To support and enhance our data security measures, including for the purposes of preventing and mitigating the risks of fraud, error or any illegal or prohibited activity;
(i) 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; and
(j) To comply with applicable laws and regulations.
Legal Compliance: In exceptional circumstances, 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;
(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 selected third party companies and individuals to perform services complementary to our own. Such service providers include hosting and server co-location services, communications, speech-to-text services, 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“).
Our Service Providers shall each be deemed as a "Data Processors" or “Service Providers“ in circumstances where Rafiki assumes the role of “Data Processor“; and where Rafiki acts as the “Data Processor“ for our customer, the “Service Provider“ shall be deemed as our ‘“Service Provider“.
Accordingly, these “Service Providers“ may have access to Rafiki User Data and Website, CRM & Prospect Data; they may also have access to Customer Data — all 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. “Data Processor” or “Service Provider” in circumstances where Rafiki assumes the role of ‘data processor’; and where Rafiki acts as the ‘data processor’ or ‘service provider’ for our customer, the “Service Provider” shall be deemed as our “Service Provider“ (as further described in Data Processor below).
Accordingly, these “Service Providers” may have access to Rafiki User Data and Website, CRM & Prospect Data; they may also have access to Customer Data — all 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.
Sharing Personal Data with our Customers and other Users: Customer Data is typically shared and is available to the users belonging to such customer’s account. Rafiki User Data is shared with the administrator of the customer’s account to which such user belongs (including data and communications concerning such user’s account). In such cases, sharing such data means that the administrator(s) or other users of the same account may access it on behalf of the customer, and will be able to monitor, process and analyze the Personal Data contained therein. This includes instances where you may contact us for help in resolving an issue specific to a team of which you are a member (and which is managed by the same customer).
Please note that Rafiki is not responsible for and does not control any further disclosure, use or monitoring by or on behalf of the customer, that itself acts as the ‘data processor’ of such data (as further described in the Data Processor Section).
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 Rafiki, any of our users or customers, or any members of the general public.
For the avoidance of doubt, Rafiki may share Rafiki User Data, Website, CRM & Prospect 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.
We and our authorized Service Providers maintain, store and process Personal Data in the United States of America, 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 and other commercial agreements with such customer.
We retain Customer Data strictly on our customer’s behalf, in accordance with their reasonable instructions and other commercial agreements with such customer.
We retain Rafiki User Data and Rafiki Website, CRM & Prospect Data for as long as it is reasonably necessary in order to maintain and expand our relationship and provide you with our Services and offerings; 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), all 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 admin@getRafiki.ai.
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We 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. Our customers, and other users on the same customer account, may also send you notifications, messages and other updates regarding their or your use of the Services. Such notifications and messages may also be sent by them to their own customers (for example, invites, recordings or meeting summaries created through our Services). You can typically control your communications and notifications settings from your Rafiki User profile settings, or otherwise in accordance with the instructions included in the communications sent to you. 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 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, Platform or Sites, or through our marketing campaigns on any other sites or platforms.
If you do not wish to receive such promotional communications, you may notify Rafiki at any time by sending an e-mail to: admin@getRafiki.ai, changing your communications preferences in your User Profile settings, or by following the “unsubscribe”, “stop”, “opt-out” or “change e-mail preferences” instructions contained in the promotional communications you receive.
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.These measures provide sound industry standard security. 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.
Certain data protection laws and regulations, such as the CCPA, typically distinguish between two main roles for parties processing Personal Data: the “Data Processor” (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.
Rafiki is the “Data Processor” of Customer Data, which we process on behalf of our customer (who is the “Data Processor” of such data; and our "Service Providers" who process such Customer Data on our behalf are the “sub-processors” of such data.
Rafiki is the “Data Processor” of Rafiki User Data. Such data is processed by Rafiki for its own purposes (as described in the Data Uses Section above), as an independent processor; whilst those certain portions of it which are included in Customer Data will be processed by us on our customer’s behalf, as a ‘processor’.Accordingly, Rafiki processes Customer Data strictly in accordance with such customer’s reasonable instructions and other 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 their account users and customers 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.
Compliance with Children's Online Privacy Protection Act
Protecting the privacy of the very young is especially important. For that reason, we do not collect or maintain information on our Website from those we actually know are under the age of 13, nor is any part of our Website targeted to attract anyone under 13. We request that all visitors to our Website who are under 13 not disclose or provide any personally identifiable information. If we discover that a child under 13 has provided us with personally identifiable information, we will delete that child's personally identifiable information from our records.