“Yotpo is a fundamental part of our recommended tech stack.”

Laura Doonin, Commercial Director**Effective Date**: February 6, 2024


Yotpo Ltd. (together with its affiliates companies – “**Yotpo**”, “**we**”, “**our**” or “**us**”) puts great efforts in making sure that personal data processed by us is safe and used properly, and that our data practices are properly communicated to our Clients, Users and Prospects.

This Privacy Policy describes how we collect, store, use, and disclose the following types of personal data:

Specifically, this Privacy Policy describes our practices regarding:

**If you are our Client, User, or Prospect (“you”), please read this Privacy Policy carefully and make sure that you fully understand and agree to it. If you are a Client, please also review the Terms of Service, which governs your use of the Services.**

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 Clients, we suggest that you contact your account administrator with any questions.

**(i) Client-Owned Data**: Our Services provide our Clients with a wide variety of tools and features to better manage and optimize their end-users’ experience and interaction with the Client’s online assets.

Certain privacy and data protection laws require that prior to processing personal data, a legal basis for such processing be established. Accordingly, while Yotpo supports these laws by providing our Clients with features and options for how they use our Services – **our Client is solely responsible for determining whether and how they wish to use our Services and such features, and to ensure that the appropriate legal basis for the processing of Client-Owned Data has been established by the Client, prior to having such data processed through the Services**.

Yotpo processes Client-Owned Data, and the personal data contained in it, ** strictly on our Client’s behalf**, in accordance with their reasonable instructions and as further stipulated in our Data Processing Addendum and other commercial agreements with such Client.

Accordingly, to the extent applicable by law, **our Client will be deemed the ‘data controller’ **(e.g. under the EU GDPR, UK GDPR and similar laws) **or ‘business’** (under the CCPA/CPRA or similar laws) of Client-Owned Data; and Yotpo will be deemed the ‘**data processor**’ or ‘**service provider**’ when processing such data, as further described in Section 10 below.

**(ii) Yotpo User Data**: User Data we collect and generate, includes some or all of the following types of personal data:

While Yotpo may process some User Data on its Clients’ behalf, as its ‘data processor’ or ‘service provider’ we also use it for our own purposes, (as described in Section 2 below) as an independent and separate ‘data controller’ or ‘business’ (as further described in Section 10 below).

**(iii) Yotpo Prospect Data**: We collect and generate the following types of personal data concerning our Clients and Prospects:

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.

For the purposes of the California Consumer Privacy Act (CCPA), specifically in the last twelve (12) months, we have collected the following categories of personal information: Identifiers; Commercial Information; Customer Record Information; Internet or other electronic network activity information; Geolocation Data; Audio, Electronic, or Similar Information; and Inferences. Yotpo does not collect sensitive personal information.

We use personal data for the following purposes and in reliance on the lawful bases noted in the chart below:

User Data |
|

Purpose |
Legal basis for processing |

To facilitate, operate, and provide our Service. | ▪ Legitimate Interest
▪ Performance of a Contract |

To authenticate the identity of our Users, and to allow them to access our Service. | ▪ Legitimate Interest
▪ Performance of a Contract |

To provide our Users with assistance and support. | ▪ Legitimate Interest
▪ Performance of a Contract |

To evaluate and develop new features, technologies, and improvements to the Service. | ▪ Legitimate Interest |

User & Prospect Data |
|

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. | ▪ Consent (where applicable)
▪ Legitimate Interest |

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 Client’s engagement and overall satisfaction with our Services. This includes contextual, behavioral and interests-based advertising based on Client’s activity, preferences or other data available to us or to our business partners. | ▪ Legitimate Interest |

To provide our Prospects with assistance and support. | ▪ Legitimate Interest
▪ Performance of a Contract |

To explore and pursue growth opportunities by facilitating a stronger local presence and tailored experiences. | ▪ Legitimate Interest |

To contact our Prospects (whether existing or prospective) with general or personalized service-related messages, as well as promotional messages that may be of specific interest to them. | ▪ Legitimate Interest
▪ Consent |

To facilitate, sponsor and offer certain events, contests and promotions. | ▪ Legitimate Interest
▪ Consent |

To publish your feedback and submissions to our Sites, public forums and blogs. | ▪ Legitimate Interest
▪ Consent |

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. | ▪ Legitimate Interest
▪ Performance of a Contract |

To create aggregated data, inferred non-personal data or anonymized or pseudonymized data (de-identified data), which we or our business partners may use to provide and improve our respective services, conduct research, or for any other purpose. | ▪ Legitimate Interest
▪ Performance of a Contract ▪ Compliance with legal obligations |

To comply with applicable laws and regulations. | ▪ Compliance with legal obligations |


We and our authorized Service Providers (defined below) maintain, store and process personal data in the United States of America, Israel, the United Kingdom, European Union, Australia, the Philippines, and other locations, as reasonably necessary for the proper performance and delivery of our Services, or as may be required by law; provided that **Client-Owned Data** may only be processed in such locations as permitted in our Data Processing Addendum and other commercial agreements with such Client.

While privacy laws may vary between jurisdictions, Yotpo and its affiliates and Service Providers are committed to protect personal data in accordance with this Privacy Policy and customary industry standards, and such appropriate lawful mechanisms and contractual terms requiring adequate data protection, regardless of any lesser legal requirements that may apply in the jurisdiction to which such data is transferred.

Yotpo Ltd. is headquartered in Israel, and Yotpo UK Limited is established in the UK. Both jurisdictions 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 residents of the EEA, Switzerland and the UK, respectively. We transfer personal data from the EEA, Switzerland and the UK to Israel on this basis. For data transfers from the EU, Switzerland or the UK to countries which are not considered to be offering an adequate level of data protection, we and the relevant data exporters and importers have entered into Standard Contractual Clauses as approved by the European Commission, FDPIC and the UK Information Commissioner’s Office (ICO). You can request a copy of the applicable SCCs by contacting us as indicated in Section 11 below.

Yotpo Inc. complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce and will be further liable in cases of onward transfers of your personal data to third parties (including our Service Providers).

Yotpo Inc. has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF, and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF.

Yotpo Inc. has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF.

If there is any conflict between the terms in this policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern for personal data transferred under the DPF. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/ .

We retain **Client-Owned Data** strictly on our Client’s behalf, in accordance with their reasonable instructions and as further stipulated in our Data Processing Addendum and other commercial agreements with such Client.

We retain **User Data** and **Prospect Data** for as long as it is reasonably necessary to maintain and expand our relationship and provide you with our Services and offerings; 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.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and the applicable legal requirements.

If you have any questions about our data retention policy, please contact us by e-mail at privacy@yotpo.com.

**Legal Compliance**: In exceptional circumstances, and except as stipulated otherwise in our Data Processing Addendum and other commercial agreements with you, 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; 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 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 and content delivery networks (CDNs), data and cyber security services, billing and payment processing services, fraud detection and prevention services, web and mobile analytics, data enrichment, e-mail and/or SMS 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, e-mail, 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.

**Partnerships**: We engage selected business and channel partners, resellers, distributors and providers (collectively, “Partners”) of professional services related to our Services, which allow us to explore and pursue growth opportunities by facilitating a stronger local presence and tailored experiences for our prospective and existing Clients and Users. In such instances, we may disclose relevant contact, business and usage details with the respective Partner, to allow them to engage with those Clients and Users for such purposes. If you directly engage with any of our Partners, please note that any aspect of that engagement which is not directly related to the Services and directed by Yotpo is beyond the scope of Yotpo’s Terms and Privacy Policy, and may therefore be governed by the partner’s terms and privacy policy.

**Event Sponsors****:** If you attend an event or webinar organized by us, or download or access an asset on our Sites related to such an event, webinar or other activity involving third-party sponsors or presenters, we may disclose your personal data with them. If required by applicable law, you may consent to such disclosure via the registration form or by allowing your attendee badge to be scanned at a sponsor booth. In these circumstances, your personal data will be subject to the sponsors’ privacy statements. If you do not wish for your personal data to be disclosed, you may choose to not opt-in via event/webinar registration or elect to not have your badge scanned, or you can opt-out in accordance with Section **9 below.

**Clients and other Users**: **Client-Owned Data** is typically disclosed and is available to the Users belonging to such Client’s account. **Yotpo User Data** is disclosed to the administrator of the Client’s account to which such User belongs (including data and communications concerning such user’s account). In such cases, disclosure of such data means that the administrator(s) or other users of the same account may access it on behalf of the Client, 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 Client).

Please note that Yotpo is not responsible for and does not control any further disclosure, use or monitoring by or on behalf of the Client, that itself acts as the ‘data controller’ of such data (as further described in Section 10 below).

**Protecting Rights and Safety**: We may disclose personal data with others if we believe in good faith that this will help protect the rights, property, or personal safety of Yotpo, any of our Users or Clients, or any members of the general public.

**Yotpo** **Subsidiaries and Affiliated Companies**: We may disclose personal data internally within our group, for the purposes described in this Privacy Policy. In addition, should Yotpo or any of its subsidiaries or affiliates undergo any change in control or ownership, including by means of merger, acquisition or purchase of substantially all or part of its assets, personal data may be disclosed or transferred to the parties involved in such an event. If we believe that such a change in control might materially affect your personal data then stored with us, we will notify you of this event and the choices you may have via e-mail or a prominent notice on our Services.

For the avoidance of doubt, Yotpo may disclose User Data and 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, disclose or otherwise use non-personal and non-identifiable data at our sole discretion and without the need for further approval.

For the purpose of the CCPA, in the last 12 months, we may have disclosed Identifiers; Internet or other electronic network activity information; Geolocation Data; Commercial Information; Customer Record Information; Audio, Electronic or Similar Information; and Inferences for legal compliance, to Service Providers, to Clients and other Users, for protecting rights and safety and to Yotpo Subsidiaries and Affiliated Companies. We may have disclosed Identifiers; Internet or other electronic network activity information; Geolocation Data; Customer Record Information; Commercial Information; and Inferences with Partners and Event Sponsors.

We and our Service Providers use cookies, pixels, tags and other technologies in order for us to provide and monitor our Services and Sites, to ensure that they perform properly, to analyze our performance and marketing activities, and to personalize your experience. Such cookies and similar files or tags may also be temporarily placed on your device. Certain cookies and other technologies serve to recall personal data, such as an IP address, as indicated by you. To learn more about our practices concerning cookies and tracking, please see our Cookie Policy. You may also use the “Cookie Settings” feature available in our footer depending on your location and activity on our Services, as applicable.

We engage in service and promotional communications, through e-mail, phone, SMS and notifications.

**Service Communications**: We may contact you with information regarding our Services. For example, we may send you notifications (through any means available to us) of changes or updates to our Services or legal terms, billing issues, log-in attempts or password reset notices, etc. Our Clients, and other Users on the same Client account, may also send you notifications, messages and other updates regarding their or your use of the Services.

**Promotional Communications**: We may also notify you about new features, additional offerings, events, special opportunities or any other information of a promotional nature we think you will find valuable, as our Client, 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, or through our marketing campaigns on any other sites or platforms.

You can typically control your communications and notifications settings from your Yotpo 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). If you do not wish to receive promotional communications, you may notify us at any time by sending an e-mail to: privacy@yotpo.com, 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.

To protect your personal data held with us, we use industry-standard physical, procedural and technical security measures, including encryption as appropriate. However, please be aware that regardless of any security measures used, we cannot and do not guarantee the absolute protection and security of any personal data stored with us or with any third parties as described in Section 5 above. To learn more, please visit our Security page.

Individuals have rights concerning their personal data under applicable law, including the EU or UK General Data Protection Regulation (GDPR) or the California Consumer Privacy Act (CCPA), the California Privacy Rights Act (CPRA), or the Virginia Consumer Data Protection Act (VCDPA).

Such rights may include, to the extent applicable: (i) to know/request access to personal data (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 to whom we have disclosed personal data), (ii) to request rectification or erasure of personal data held with Yotpo, (iii) to restrict or object to such personal data’s processing (including the right to direct us not to sell your personal data to third parties now or in the future), (iv) to port such personal data, or (v) to equal services and prices (each to the extent available to you under the laws which apply to you). To exercise any of these rights you may have, please contact us by e-mail at: privacy@yotpo.com. You may also have the right to lodge a complaint with your local data protection authority.

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 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 provide further information to better understand the nature and scope of data for which you request access. Such additional data will be then retained by us for legal purposes (e.g. as proof of the identity of the person submitting the request, or proof of request fulfillment).

We may redact from the data that we will make available to you, any personal data or confidential information related to others.

In compliance with the EU-U.S. DPF, and the UK Extension of the EU-U.S. DPP and the Swiss-U.S. DPF Principles, Yotpo Inc. commits to resolve complaints about our collection or use of your personal data. EEA, UK and Swiss individuals with inquiries or complaints regarding our Data Privacy Framework compliance should submit inquiries to dpo@yotpo.com. If you do not receive timely acknowledgment of your DPF Principles-related compliant from us, or if we have not addressed your DPF Principles-related compliant to your satisfaction, Yotpo Inc. has further committed to cooperate with EU Data Protection Authorities (DPAs), the UK Information Commissioner Office (UK ICO), and the Swiss Federal Data Protection and Information Commissioner (FDPIC) to independently address complaints that we have been unable to resolve.

Please note that under certain conditions (as described under the DPF Principles Yotpo adheres to) you can invoke a binding arbitration by delivering a notice to Yotpo Inc. via dpo@yotpo.com. Please also note that Yotpo Inc. is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).

**If your request relates to personal data that we process on our Client’s behalf (i.e. Customer Data), you should contact such Client directly**, as they are the “data controller” of such data (see Section 10 below). Note that such Client exclusively determines how such data may be processed, as well as if, and how, your request should be handled – so we advise that you submit your request directly to them. We will not fulfill your request unless you have provided sufficient information that enables us to reasonably verify that you are the individual about whom we collected the personal data, and if such data is processed on behalf of any of our Clients – to which Client it particularly relates, so that we may forward it to them for their further handling.

Certain data protection laws and regulations, such as the EU GDPR, UK GDPR or the CCPA/CPRA, typically distinguish between two main roles for parties processing personal data: the “**data controller**” (or under the CCPA/CPRA, “**business**”), who determines the purposes and means of processing; and the “**data processor**” (or under the CCPA/CPRA, “**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 such laws and regulations apply.

**Yotpo is the “data controller” of Yotpo Prospect Data**. With respect to such data, we assume the responsibilities of data controller (solely to the extent applicable under law) as set forth in this Privacy Policy. In such instances, our Service Providers processing such data will assume the role of “data processor”.

**Yotpo is the “data processor” of Client-Owned Data**, which we process on behalf of our Client (who is the “data controller” of such data); and our Service Providers, who process such Client-Owned Data on our behalf, are the “**sub-processors**” of such data.

**Yotpo is both a “data controller” and “data processor” of Yotpo User Data**. Such data is processed by Yotpo for its own purposes (as described in Section 2 above) as an independent ‘controller’; while certain portions of it which are included in **Client-Owned Data** are processed by us on our Client’s behalf, as a ‘processor’.

Accordingly, Yotpo processes **Client-Owned Data** strictly in accordance with such Client’s reasonable instructions and as further stipulated in our Data Processing Addendum and other commercial agreements with such Client. The Client, 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 Client is solely responsible for establishing a legal basis for proceeding and providing adequate notice to their account users and clients whose data may be contained in Client-Owned 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; as well as for obtaining all approvals and consents from such individuals as required under such laws.

**Updates and Amendments**: We may update and amend this Privacy Policy from time to time by posting an amended version on our Services. The amended version will be effective as of the date it is published. We will provide prior notice if we believe any substantial changes are involved via any of the communication means available to us or via the Services. After such notice period, all amendments shall be deemed accepted by you.

**Requirements under US State Privacy Laws:** 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)/California Privacy Rights Act (CPRA) and similar state laws, as applicable. Our disclosure of certain internet activity and device information with third parties through cookies, pixels and other tracking technologies is considered a “sale” or “sharing” of personal information, or processing for purposes of “targeted advertising” as such terms are defined under relevant US State Privacy laws, for more information please visit our Cookie Policy. We may disclose personal data to third parties or allow them to collect personal data from our Services as described in Section ****5 above, if those third parties are our customers (in respect of Client-Owned Data processed on their behalf), or our 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, or as otherwise described in Section 5 above. You may also designate an authorized agent, in writing or through a power of attorney, to request to exercise your privacy rights on your behalf. The authorized agent may submit a request to exercise these rights by emailing us. Note that we will not discriminate against you by withholding our Services from you or providing a lower quality of service to you for requesting to exercise your rights under the law.

If you have any questions or would like to exercise your rights under the CCPA/CPRA, you can contact privacy@yotpo.com or our DPO at dpo@yotpo.com.

**External Links**: While our Services may contain links to other websites or services, we are not responsible for their privacy practices. We encourage you to pay attention when you leave our Services for the website or application of such third parties, and to read the privacy policies of each and every website and service you visit. This Privacy Policy applies only to our Services.

**Nothing in this policy contradicts the following statement: **with respect to Yotpo’s products, Yotpo does not collect, retain or disclose any data regarding a particular user or device (including IP addresses and user identifiers) on sites or apps not owned by Yotpo except through the p.yotpo.com subdomain, which supports the functional and analytic capabilities of our products.

**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 e-mail at privacy@yotpo.com.

**Data Protection Officer**: Yotpo has appointed PrivacyTeam Ltd. as our Data Protection Officer, for monitoring and advising on Yotpo’s ongoing privacy compliance and serving as a point of contact on privacy matters for data subjects and supervisory authorities. If you have any comments or questions regarding our Privacy Policy, if you have any concerns regarding your Privacy or if you wish to make a complaint about how your personal data is being processed by Yotpo, you can contact privacy@yotpo.com or our DPO at dpo@yotpo.com.

**EU Representative**: SMSBump Ltd., a Yotpo company situated in Bulgaria, has been designated as Yotpo’s representative in the European Union for data protection matters pursuant to Article 27 of the GDPR. SMSBump may be contacted on matters related to the processing of personal data of individuals in the EU. To make such an inquiry, please send an email to privacy@yotpo.com.

**UK Representative**: Yotpo UK Limited has been designated as Yotpo’s representative in the United Kingdom for data protection matters pursuant to Article 27 of the UK GDPR. Yotpo UK may be contacted only on matters related to the processing of personal data of individuals in the UK. To make such an inquiry, please send an email to privacy@yotpo.com.

**Questions, concerns or complaints**: If you have any comments or questions regarding our Privacy Policy, or if you have any concerns regarding your personal data held with us, please contact us at: privacy@yotpo.com.