Cookie & Privacy policy

Introduction

At TonkaBI, we are committed to protecting the privacy of your personal information while using our website, products or services. In this policy, TonkaBI sets out how we collect and use personally identifiable information and personal data, including information that you provide to us.

You can travel through most of our site without giving us any information about yourself. Sometimes, we do need information to provide services that you request and this statement of privacy explains data collection and use in those situations. Please read the complete TonkaBI privacy statement. By using our website, you consent to the collection, sharing and use of information as described here.

Collecting your Personal Information

Personal information is information that identifies you individually, such as your name, address, email address, company name, phone number, or other identifying information that is specific to you.

Generally, personal information is collected when you are a customer or potential customer of TonkaBI (such as sign up to our Community Edition) or when you are asked to register for such items as events, newsletters, reports, software or documentation downloads, or discussion groups. Personal information collected by TonkaBI often is limited to your name, e-mail address, language, country or location, but may include other information when needed to provide a service you requested or to support your use of our products.

As a convenience to our site visitors, we may provide links to other web sites that are not governed by this privacy policy. These linked sites are not under the control of TonkaBI, and we are not responsible for the protection and privacy of any information which you provide whilst visiting such sites.

Use of your Personal Information

We use your personal information for the following primary purposes:

  • To make the site easier for you to use by not making you enter your personal information more than once.
  • To help you quickly find software, services or information.
  • To help us create and deliver content most relevant to you.
  • To contact you to promote our products and services, as well as to alert you to product upgrades, special offers, updated information and other new services from TonkaBI.
  • To help us optimize our customer and partner relationship management.
  • To improve your user experience with our websites, products and services.
  • To operate our products and services, for example when you create a TonkaBI Account.
  • To help us troubleshoot any problems you might experience with our products and services.

TonkaBI will not use personal information in a way that is incompatible with the purposes for which it has been collected or subsequently authorized by the individual. We may periodically send you promotional emails or news about our company and our products which we think you may find interesting using the email address or other contact details which you have provided. To opt-out of marketing distributions at any time, please mail us at hello@tonkabi.com

Sharing your Personal Information

Any information you provide while visiting the TonkaBI site or otherwise may be used by TonkaBI (including any company of the TonkaBI group) or an authorized TonkaBI partner or vendor with whom we share it (such as distributors and resellers of TonkaBI software and services and contractors providing services on our behalf). If you are a partner/distributor or potential partner/distributor of TonkaBI, TonkaBI may also share your data with other partners/distributors with whom we do business so that they may contact you regarding their opportunities.

TonkaBI will only share personal information to the extent needed to perform the uses listed above, and will take such steps as are necessary to safeguard personal information. For example, our vendors and partners are required to keep such personal information confidential and not to use it other than for the purposes intended. TonkaBI does not sell or rent personal information to third parties unless you have given us permission to do so.

Where necessary, personal information may be transferred from one country to another (such as outside the EEA) and adequate procedures will be taken by TonkaBI to protect personal information

TonkaBI may disclose your personal information, without notice, to comply with legal requirements, including any regulation, in relation to legal proceedings or investigations by governmental or law enforcement agencies, including criminal investigations, or to meet tax or other reporting requirements, including to (a) comply with legal process served on TonkaBI or the site; (b) protect and defend the rights or property of TonkaBI, and, (c) act in urgent circumstances to protect the personal safety of users of TonkaBI, its Web sites, or the public.

Use of Our Online Services

We offer you the ability to post information and data through our blogs and Community online services such as our Community Edition. We may also offer ways to share through independent third party sites, plug-ins and online services. We are not responsible for the activities of these third parties. We encourage you to review their privacy policies to understand how they user your information. Your posts and information shared through Community Edition, we caution all users to consider what they post and share online and not to disclose any private information. TonkaBI will not be responsible in the event that you disclose private information in your posts, through our public services or during any other communication with other site users

Data Protection

Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause is in addition to, and does not relieve, remove or replace, a party's obligations under the Data Protection Legislation. Where the Supplier acts as Data Controller or joint Data Controller, it will process the applicable Personal Data in accordance with the Privacy Notice.

The parties acknowledge that:

(a) if the Supplier processes any Personal Data on the Customer's behalf when performing its obligations under the Agreement, it shall do so either as Data Processor for the purposes of the Data Protection Legislation or else as a sub-processor under Article 28(2) GDPR;

(b) the nature and purpose of processing will be as necessary for the Supplier to provide the Services in accordance with the Agreement;

(c) the duration of processing will be the duration of the Agreement;

(d) the categories of Data Subjects will be as determined by the Customer as submitted and used in relation to the Services, but may include (without limitation) Personal Data relating to the following:

(i) Prospects, customers, business partners and vendors of Customer (who are natural persons)

(ii) Employees or contact persons of Customer’s prospects, customers, business partners and vendors

(iii) Employees, agents, advisors, freelancers of Customer (who are natural persons)

(e) the types of Personal Data will be as determined by the Customer as submitted and used in relation to the Services, but may include (without limitation) Personal Data of the following types:

(i) name

(ii) contact information (email, phone, address)

(iii) online identifiers (IP address, device fingerprint, cookies); and

(f) the Personal Data may be transferred or stored outside the EEA or the country where the Customer is located in order to carry out the Services and the Supplier's other obligations under the Agreement.

Without prejudice to the generality of clause above, the Customer will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to the Supplier for the duration and purposes of this Agreement so that the Supplier may lawfully use, process and transfer the Personal Data in accordance with this Agreement on the Customer's behalf. The Customer hereby agrees to indemnify and hold the Supplier harmless from and against any and all liability, actions, claims, damages and other costs arising from or relating to any breach of the Customer’s said obligations and/or any claim or action brought by any Data Subject(s), other than any claim resulting from the Supplier’s breach of the terms of the Agreement.

Without prejudice to the generality of clause above, the Supplier shall, in relation to any Personal Data processed in connection with the performance by the Supplier of its obligations under this Agreement:

(a) process that Personal Data only on the written instructions of the Customer unless the Supplier is required by the laws of any member of the European Union or by the laws of the European Union applicable to the Supplier to process Personal Data (Applicable Laws). Where the Supplier is relying on laws of a member of the European Union or European Union law as the basis for processing Personal Data, the Supplier shall promptly notify the Customer of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit the Supplier from so notifying the Customer;

(b) taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of Processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, Supplier shall in relation to the Customer Personal Data implement appropriate technical and organizational measures designed to ensure a level of security appropriate to that risk, as described in the Supplier’s Security Policy, which the Customer hereby accepts as satisfying the Supplier’s obligations under this clause;

(c) not transfer any Personal Data outside of the EEA unless the following conditions are fulfilled:

(i) the Customer or the Supplier has provided appropriate safeguards in relation to the transfer;

(ii) the Data Subject has enforceable rights and effective legal remedies;

(iii) the Supplier complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and

(iv) the Supplier complies with reasonable instructions notified to it in advance by the Customer with respect to the processing of the Personal Data;

(d) assist the Customer, at the Customer's cost, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;

(e) notify the Customer without undue delay on becoming aware of a Personal Data Breach;

(f) provided written notice is given prior to the end of the relevant Subscription the Supplier shall, at the written direction of the Customer, delete or return Personal Data and copies thereof to the Customer unless required by Applicable Law to store the Personal Data. In the event no such notice is received prior to the end of the Subscription, the said Personal Data will be deleted, subject to the obligation to retain under Applicable Law; and

(g) maintain complete and accurate records and information to demonstrate its compliance with this clause above for the duration of the relevant Subscription(s) and for one month thereafter.

With respect to requests for audits by the Customer, or an auditor appointed by the Customer, in relation to the Processing of Customer Personal Data by the Supplier, the Customer shall give the Supplier reasonable prior notice of not less than 30 days of its wish to carry out an audit or inspection in accordance with this clause above and the parties will discuss and agree the timing, scope, duration and other aspects in advance of the audit or inspection, subject always to the following conditions:-

(a) all personnel appointed by the Customer to carry out an audit or inspection (“Personnel”) must provide suitable written undertakings to the Supplier, including undertakings regarding confidentiality and compliance with the Supplier’s codes of practice and regulations, including any relating to security or health and safety;

(b) all Personnel must produce evidence of their identity and authority;

(c) the Customer will avoid causing any damage, injury or disruption to the Supplier’s premises, equipment, personnel and business while its Personnel are on those premises in the course of such an audit or inspection;

(d) all audits and inspections shall be carried out only during Normal Business Hours, unless justified on an emergency basis and provided that the Customer has given an acceptable explanation of the grounds for the need for access outside normal business hours;

(e) no more than one audit or inspection may be carried out in any calendar year; and/or

(f) that the extent of access permitted to Personnel will be only that strictly required to establish the Supplier’s compliance with its obligations under the Agreement in respect of the Processing of Customer Personal Data and under no circumstances will the Personnel be entitled to access any data, systems, equipment or premises which may cause the Supplier to breach any obligations to any third party, including breach of any contractual or confidentiality obligations.

The Customer hereby authorises the Supplier to appoint third-party processors of Personal Data under this Agreement. The Supplier confirms that it has entered or (as the case may be) will enter with the third-party processor into a written agreement incorporating terms which are substantially similar to those set out in this clause. As between the Customer and the Supplier, the Supplier shall remain fully liable for all acts or omissions of any third-party processor appointed by it pursuant to this clause.

Security

TonkaBI will employ reasonable precautions to protect personal information from loss, misuse and unauthorized access, disclosure, alteration or destruction. Such measures may include the use of password protection and restricting access to personal information to those with a legitimate purpose in receiving the information.

TonkaBI takes reasonable steps to help ensure that the personal information is reliable for its intended use, accurate, complete and current. Reasonable steps shall also be taken to accommodate privacy preferences, such as restricting access to the personal information to those who have a legitimate business need to know the information, anonymizing certain information, or assigning codes or pseudonyms when the actual names are not required for the purpose at hand.

Employees who have access to such personal information shall be trained regarding this Policy, advised that they are responsible for fully complying with the privacy principles articulated in this Policy and instructed that violations of these principles shall result in appropriate discipline up to and including termination.

While we take reasonable precautions against possible security breaches of our Web site and records no website or Internet transmission is completely secure and we cannot guarantee that unauthorised access, hacking, data loss, or other breaches will never occur.

Cookies

By visiting our site cookies will be placed on your device (computer, mobile or tablet). A "cookie" is a small text file that is placed on your device by websites you visit. Some of the cookies we use are strictly necessary to operate our site. Others relate to the site's performance and functionality and to your preferences. TonkaBI uses the following cookies on this site:

1. Strictly necessary: These cookies enable the website to function correctly and deliver the services and products you have requested. These cookies do not gather information about you that could be used for marketing or remembering sites you have visited on the internet.

2. Performance & Functionality: These cookies do things like remember your preferred language, understand your preferences and associates users to any forms you submit to use to enable pre-completion of subsequent forms. Other cookies are placed only for the time or session you visit our site or whether you are a new or returning visitor to our site. These cookies may remain on your computer anywhere from the duration of your session for up to five years.

3. Analytics: We use Google Analytics to help the website analyze how our site is used, such as allowing us to compile reports on website activity and providing us other services relating to website activity and internet usage. The information generated by the cookie about your use of the website will be transmitted to and stored by Google on servers in the United States.

We use an IP-anonymisation function which truncates your IP address if you are located in a country within the European Economic Area. Only in exceptional cases will the whole IP address be first transferred to a Google server in the USA and truncated there. Some of the Google Analytic cookies will remain on your device for up to 2 years.

4. Third Party Remarketing Cookies: These are cookies used by third-party companies that we trust to show you ad banners on other websites. We use the Doubleclick cookie which is part of the Google Analytics cookies to inform, optimize, and serve ads within the Google content network to previous visitors of our site who have already shown interest by visiting us. The DoubleClick cookie enables remarketing for products like AdWords on the Google display network. For more information on DoubleClick, you can visit Google's Ads Preferences Manager to manage the settings or even to opt out.

You can also generally opt out of the use of cookies by changing your browser settings. For more information about cookies, visit http://www.aboutcookies.org. If you choose to not have your browser accept cookies from the TonkaBI site, you will be able to view our sites, however, you will not experience a personalized visit, nor will you be able to subscribe to the service offerings on the site.

Access

Where allowed by law, you may request access to the personal information TonkaBI holds about you. You should make the request in writing and TonkaBI will respond to that request in line with local laws. If you have a legal right of access, that right also allows you to correct, amend or delete that information when it is inaccurate.

If an individual becomes aware that the information TonkaBI maintains on him or her is inaccurate, the individual may contact the individuals listed in the Contact Information section of this Policy.

There may be circumstances when TonkaBI is unable to provide access to your personal information. TonkaBI may also deny or restrict access for legally permissible reasons, such as situations where the information contains references to other individuals and it is not possible to separate out your personal information, or where it cannot be disclosed for legal, security, or commercial proprietary reasons. TonkaBI will endeavor to advise you of any reason for denying or restricting an access request.

Children's Privacy

TonkaBI does not knowingly or intentionally collect information from anyone under the age of 13, and we request that anyone under the age of 13 does not submit personal information. If we become aware that someone under the age of 13 has submitted personal information, we will delete the information from our records.

Contact Information

Inquiries or complaints regarding this Policy should be directed to hello@tonkabi.com

Changes to this Statement

TonkaBI reserves the right to modify or update this privacy statement at any time without notice.

Get In Touch

Contact Us

London

12 Hay Hill, London, W1J
6DQ UK

New York

26 Broadway, New York, NY
10004

India

Bangalore, Mumbai & Trivandrum