- Customer Data: Data that we collect, process and manage on our customers’ behalf, as part of the Verbit artificial intelligence (“AI”) transcription and real-time captioning platform (“Platform”), which relates to identifiable individuals (“personal data” and “data subjects,” respectively) who: (a) are registered by our customer’s account administrator as end-users of the Platform; schedule meetings, classes or other forums for transcription, captioning, or translation (“Sessions”); upload or stream audio or video files (“Source Files”) they wish to have transcribed, as well as related preparation materials; or otherwise interact with our Platform for such purposes; (b) are invited by or on behalf of a customer and/or via email to access transcribed Sessions via our Platform (“Viewers”); or (c) are mentioned or appear in Source Files and transcripts in a way that enables their identification, or whose name, address and other such identifying details may be needed to ensure their correct and consistent transcription.
- User Data: Contact, contractual and billing details concerning our customers’ internal focal persons who directly engage with Verbit concerning their organizational account, and users of 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 business needs and preferences, as identified to us or recognized through our engagement with them (“Users” and “User Data” respectively).
- Website, CRM & Prospect Data: Data relating to our customers, freelancers, visitors of our websites, participants at our events, and any other prospective customer, freelancer or partner who visits or otherwise interacts with our website, online ads and content, emails, integrations or communications under our control (“Sites” and collectively with the Platform, the “Services”).
- Data Collection & Processing
- Data Uses
- Data Location
- Data Retention
- Data Sharing
- Cookies and Tracking Technologies
- Data Security
- Data Subject Rights
- Data Controller/Processor
- Additional Notice & Contact Details
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 (defined below), please avoid any interaction with us including visiting our Sites or using our Services. If you are a user of the Services on behalf of any of our customers, we suggest that you contact your account administrator with any questions.
1. Data Collection & Processing
Customer Data: Our Services provide our customers with a real-time transcription and captioning solution, based on the combination of machine learning technologies and human reviewers’ expertise. This may involve the processing of personal data on behalf of our customers and in accordance with our data processing addendum and other commercial agreements with them. 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 Verbit will be deemed the ‘data processor’ or ‘service provider’ when processing such data on a customer’s behalf and in accordance with our agreements with them. Where it is receiving Services, each customer is solely responsible for determining whether and how they wish to use the Services for processing their Customer Data, and for establishing an appropriate legal basis for such processing activities.
User Data: User Data we collect and generate includes some or all of the following types of personal data:
- User account information, including email address and, when applicable, hashed password;
- Profile and contact information, such as name, workplace, position, email and phone number, and additional information submitted by a customer or User;
- Platform usage information, such as 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.
While Verbit may process some User Data on its customers’ behalf, 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 controller’ or ‘business’ with respect to such data which is processed strictly on their behalf; While Verbit will also be deemed an independent and separate ‘data controller’ or ‘business’ with respect to such data where it is processed for our own purposes. With respect to those portions or copies of User Data that we process on behalf of our customer – we will also be deemed a ‘data processor’ or ‘service provider.’
Website, CRM & Prospect Data: We collect and generate the following types of personal data concerning our website visitors, customers, freelancers and prospects:
- Website usage information, such as 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;
- Information concerning our customers and prospects, such as contact and business details, contractual and billing details, our communications with such customers and prospects, as well as any needs, preferences, attributes and insights relevant to our potential engagement; and
- Direct interactions and communications with us, including recordings and transcripts of your calls, emails, form submissions and chats with us, e.g., for customer support, feedback, training purposes, etc.
We collect such data either automatically, through the data subject’s interaction with us or with our Sites or Services; or through third party services, social media, analytics tools, events we organize or participate in, and other business initiatives.
2. Data Uses
In providing the Services, Verbit processes Customer Data and the personal data contained in it on our customer’s behalf, in accordance with their reasonable instructions and as further stipulated in our data processing addendum and other commercial agreements with such customer.
We use User Data, and Website, CRM & Prospect Data, as necessary for the performance of our Services (“Performance of Contract”); to comply with our legal and contractual obligations (“Legal Obligations”); and to support our legitimate interests in providing, maintaining and improving our Services, e.g., in understanding how our Services are used and how our campaigns (including recruiting campaigns) are performing, and gaining insights which help us dedicate our resources and efforts more efficiently; in marketing, advertising and selling our Services or recruiting freelancers; providing customer service and technical support; and protecting and securing our customers, users, viewers, visitors, prospects, ourselves and our Services (“Legitimate Interests”).
Specifically, we use User Data and Website, CRM & Prospect Data for the following purposes:
- To facilitate, operate, and provide our Services (Performance of Contract, Legitimate Interests);
- To authenticate the identity of Users and freelancers and to allow them to access and use our Services (Performance of Contract, Legitimate Interests);
- To train and provide service-related insights to relevant members of our staff (Legitimate Interests);
- To provide our customers, Users and prospects with assistance and support (Performance of Contract);
- 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, including through the utilization and optimization of Artificial Intelligence and Machine Learning capabilities (Legitimate Interests);
- To facilitate and optimize our marketing campaigns, freelancer recruitment, 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 (Legitimate Interests, Consent);
- To contact our customers, Users, freelancers and prospects, with general or personalized service-related messages; and our customers, Users and prospects with promotional messages that may be of specific interest to them (as further described in Section 7 below) (Performance of Contract, Legitimate Interests, Consent);
- To facilitate, sponsor and offer certain events, contests and promotions (Performance of Contract; Legitimate Interests, Legal Obligation);
- 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 (Performance of Contact, 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); and
- 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).
We do not sell your personal information for the intents and purposes of the California Consumer Privacy Act (CCPA).
3. Data Location
We and our authorized Service Providers (defined below) maintain, store and process personal data in the United States of America, Europe, the United Kingdom (UK), Israel, and 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 our data processing addendum and other commercial agreements with such customer.
For data transfers from the European Economic Area, Switzerland or the UK to jurisdictions which are considered by the European Commission, the Swiss Federal Data Protection and Information Commissioner (FDPIC), and the UK Secretary of State to be offering an ‘Adequate’ level of protection for the personal data of their respective residents, we rely on such “Adequacy” as the lawful basis for these transfers. For similar transfers to jurisdictions which are not considered by these bodies to be offering an ‘Adequate’ level of data protection, we and the relevant data exporters and importers enter into Standard Contractual Clauses as approved by the European Commission, the FDPIC, and the UK Information Commissioner’s Office (ICO), as applicable. You may request a copy by contacting us at email@example.com.
4. Data Retention
In connection with providing the Services, we retain Customer Data on our customer’s behalf, in accordance with their reasonable instructions and as further stipulated in our data processing addendum and other commercial agreements with such customer. We also retain Customer Data for the purposes of improving our Services and technology, including machine learning by our automatic speech recognition engine.
We retain User Data and 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 email at firstname.lastname@example.org.
5. Data Sharing
Legal Compliance: Except as stipulated otherwise in our data processing addendum and other commercial agreements with our customer, we may disclose or allow government and law enforcement officials access to 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 engage selected third-party companies and individuals to perform services complementary to our own. Such service providers include content review, transcription and translation services, hosting and server co-location services, communications and content delivery networks (CDNs), API integrations, media hosting and streaming services, data and cyber security services, billing and payment processing services, fraud detection, investigation and prevention services, web analytics, data enrichment, email and communication distribution and monitoring services, call, session or activity recording and analysis services, remote access services, performance measurement, data optimization and marketing services, social and advertising networks, content providers, email, voicemails, support and customer relation management systems, and our legal, financial and compliance advisors (collectively, “Service Providers“). 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.
Customers and other Users: Customer Data is typically shared and is available to the Users belonging to such customer’s account, as well as to Viewers such data was shared with by said Users. 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 this 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.
Please note that Verbit 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 controller’ of such data (as further described in Section 10 below).
Service Integrations: You may choose to use a third-party service to upload Source Files and related preparation materials to the Platform, and download or stream captioned Sessions or transcripts (provided that such integration is supported by our Services). The provider of this integrated third-party service may receive certain relevant data about or from your User account on the Platform, or share certain relevant data from your account on the third-party provider’s service with our Services, depending on the nature and purpose of such integration. This could include your User Data. Note that we do not receive or store your passwords for any of these third-party services (but do typically require your API key in order to integrate with them).
Recipients, where needed to Protect 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 Verbit, any of our users or customers, or any members of the general public.
For the avoidance of doubt, Verbit may share User Data, and 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.
6. Cookies and Tracking Technologies
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.
While 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.
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.
We engage in service and promotional communications, through email, phone, SMS and notifications.
Service Communications: We may contact you with information regarding our Services or, where you are a freelancer, your engagement with our platform and business. For example, we may send customers, Users and Viewers email reminders of upcoming Sessions, and performance review requests after the event. We may also send you notifications (through any of the means available to us) of changes or updates to our Services, billing issues, 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.
Promotional Communications: We may also notify about new features, additional offerings, events, special opportunities or any other information of a promotional nature 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 email), through the Services, or through our marketing campaigns on any other sites or platforms.
You can typically control your communications and notifications settings from your User profile settings within the Platform, 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). If you do not wish to receive promotional communications, you may notify us at any time by sending an email to: email@example.com, changing your communications preferences in your User profile settings, or by following the “unsubscribe,” “stop,” “opt-out” or “change email 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. These measures provide sound industry standard security. However, although we make efforts to protect your privacy, we cannot guarantee that our Services will be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse. To learn more, please visit our Trust Page.
9. Data Subject Rights
Individuals have rights concerning their personal data. If you wish to exercise your privacy rights under applicable law, including the GDPR, UK GPDR or the CCPA, such as the right to know/request access to (specific pieces of personal data collected; categories of personal data collected; categories of sources from whom the personal data was collected; purpose of collecting personal data; categories of third parties with whom we may have shared personal data), and rectification or erasure of your personal data held with Verbit, or to restrict or object to such data’s processing (including the right to direct us not to sell your personal data now or in the future), or to port such personal data, to give us certain instructions concerning your personal data held with us, or the right to equal services and prices (e.g., freedom from discrimination) (each to the extent available to you under the laws which apply to you) – please contact us by email at: firstname.lastname@example.org. You may also have the right to lodge a complaint with the relevant supervisory authority, as applicable.
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. This would typically include information such as the e-mail address used to identify you in our systems (in which case we might require additional verification steps to ensure that you have access to that e-mail). Such additional data, along with details and correspondence related to your request, will be then retained by us for legal and compliance purposes (e.g., as proof of the identity of the person submitting the request, and of how the request was handled), 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 would like to make any requests or queries regarding personal data that we process on our customer’s behalf, please contact the customer or the administrator of such customer’s account directly, as they would be the ‘data controller’ of such data (see Section 10 below). Note that if you do contact us in this regard, we may share your communications with the relevant customer and its account Users; 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 EU GDPR, UK 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.
Verbit is the “data processor” of Customer Data. Where we process on behalf of our customer (who is the “data controller” of such data; and our Service Providers who process such Customer Data on our behalf are the “sub-processors” of such data), we are a ‘processor.’
Verbit is both a “data controller” and “data processor” of User Data. Such data is processed by Verbit for its own purposes (as described in Section 2 above), as an independent ‘controller’; While 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, where it is providing the Services, Verbit processes Customer Data strictly in accordance with our customer’s reasonable instructions and as further stipulated in our data processing addendum and other commercial agreements with such customer. Each customer, as the controller of their Customer Data, is solely responsible for meeting any legal requirements applicable to data controllers. This includes establishing a legal basis for proceeding and providing adequate notice to data subjects 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
California Requirements: This policy describes the categories of personal information we may collect and the sources of such information (in Section 1 above), and our retention (Section 4) and deletion (Section 9) practices. We also included information about how we may process your information (in Sections 2 through 7), which includes for “business purposes” under the California Consumer Privacy Act (CCPA). We do not sell your personal information for the intents and purposes of CCPA. We may disclose personal data with third parties or allow them to collect personal data from our Services as described in Section 5 above, if those third parties are authorized Service Providers or business partners who have agreed to our contractual limitations as to their retention, use, and disclosure of such personal data, or if you integrate the services of third parties with our Services, or direct us to disclose your personal data to third parties.
Similarly, when you upload content from OneDrive, or from your Amazon S3 storage, note that we make use of the Microsoft API, or Amazon API (as applicable), in order to support such activity, which is governed by Microsoft TOS and Privacy Statement, with respect to the Microsoft API; or by the AWS TOS and Privacy Notice, with respect to the Amazon API. We encourage you to review those carefully. You can always revoke any such access you may have given us via the Microsoft consent management page, or (as applicable) via your AWS account, by following the instructions detailed in the AWS User Guide.
Our Services are not designed to attract children under the age of 16: 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 16 is using the 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 email at email@example.com.
UK Representative: Take Note Ltd. has been designated as Verbit’s representative in the United Kingdom for data protection matters pursuant to Article 27 of the UK GDPR. Take Note Ltd. may be contacted on matters related to the processing of personal data of residents of the UK, at firstname.lastname@example.org.
Last updated: November 2022