Privacy Policy

Cerkl, Inc. (“Cerkl,” “we,” “our,” or “us”) values your privacy. This Privacy Policy explains how we collect, use, share, and protect information when you use our Broadcast platform and related services (the “Service”). This Policy is incorporated into and governed by our Terms of Service.

If you do not agree with this Privacy Policy, you should not use the Service.

Scope of This Privacy Policy

This Privacy Policy applies to two distinct contexts:

1. Visitors to Cerkl’s public websites and marketing pages (including cerkl.com and related pages)
2. Authorized users of Cerkl Broadcast and related services

Different data processing activities, legal bases, and user choices apply depending on how you interact with Cerkl. These distinctions are described below.

Definitions

For purposes of this Privacy Policy:

• “Customer Data” means all electronic data or information submitted by a Customer to the Broadcast platform.
• “Subscriber” means any Customer-defined recipient of Broadcast personalized content via email, website(s), and/or mobile apps. Every unique record stored for the Customer in the Broadcast database is counted as a Subscriber.
• “User” means an individual authorized by a Customer to access and use the Service on its behalf.
• “Instance” means a uniquely configured version of the Broadcast platform defined by settings, Users, and/or Subscribers.
• “Audience Size” means the total number of Subscribers across all Instances.

Capitalized terms not defined in this Privacy Policy have the meanings given in the Terms of Service.

Cookies and Similar Technologies
(Public Website Visitors Only)

Cerkl uses cookies and similar tracking technologies to operate our website, understand how visitors interact with our content, and support our marketing efforts. Cookies are small text files placed on your device that help websites function properly, remember preferences, and collect usage information. We rely on your consent as the legal basis for processing non-essential cookies and tracking technologies.

We categorize cookies and tracking technologies as follows:

Strictly Necessary Cookies

These cookies are required for the website to function and cannot be switched off in our systems. They are usually set in response to actions you take, such as navigating pages, submitting forms, or maintaining security. These cookies do not store personally identifiable information and do not require your consent.

Preference Cookies

Preference cookies enable the website to remember choices you make, such as language or region, to provide enhanced and more personalized features. If used, these cookies are only set with your consent.

Statistics (Analytics) Cookies

Statistics cookies help us understand how visitors interact with our website by collecting and reporting information in aggregate form. This may include pages visited, time spent on pages, and general usage patterns.

We use tools such as Segment to collect and route analytics data. Segment acts as a data router on our behalf and may forward analytics and marketing event data to other providers, including analytics and advertising platforms, based on your consent.

Marketing Cookies

Marketing cookies are used to track visitors across websites and sessions. The intent is to display ads that are relevant and engaging for individual users and to measure the effectiveness of advertising campaigns.

We use the Meta (Facebook) Pixel and may use Segment to route event data to advertising platforms. These technologies may collect information such as page views, interactions, IP address, browser and device information, and inferred interests. Marketing cookies are only set with your explicit consent.

Cookie Management and Consent
(Public Website Visitors Only)

We use a cookie consent management platform to manage your preferences and to ensure that non-essential cookies are only set when you provide consent. When you first visit our website, you will be presented with a cookie banner that allows you to accept or reject cookies by category.

Non-essential tracking technologies on our public website may collect information such as IP addresses, device and browser characteristics, page views, interaction events, and inferred interests. This information is used only for analytics, marketing, and advertising purposes, and only after consent has been provided.

We rely on your consent to process non-essential cookies and tracking data.

You can change or withdraw consent at any time using the “Cookie Settings” link in the footer or banner on the public website.

Retention periods for cookies, tracking identifiers, and processed data vary by category and provider. Detailed retention information is available in the cookie declaration provided through the consent management tool.

Third-Party Services
(Public Website Visitors Only)

Cerkl uses trusted third-party service providers to support website functionality, analytics, and marketing activities. These providers may process personal data on our behalf or as independent controllers, depending on the service.

Key third-party services include:

• Google Tag Manager: Used to manage and deploy website tags. Google Tag Manager does not itself collect personal data but facilitates the loading of other services based on your consent.
• Segment (Twilio Segment): Segment acts as a data routing platform, collecting interaction data and forwarding it to analytics and marketing providers based on our configuration and your consent.
• Meta Platforms, Inc. (Facebook): Used for advertising measurement, conversion tracking, and ad personalization via the Meta Pixel.

Each third party processes data in accordance with its own privacy policies.

Sale or Sharing of Personal Information
(California Residents – Public Website Visitors Only)

Under California law, certain data sharing practices for advertising purposes may be considered a “sale” or “sharing” of personal information.

Cerkl may share personal information with advertising partners such as Meta for targeted advertising and measurement purposes. California residents have the right to opt out of the sale or sharing of their personal information at any time.

You may exercise this right by adjusting your cookie preferences through our cookie consent settings or by contacting us using the information provided below.

Your Choices and Rights
(Public Website Visitors Only)

You have the right to:

• Control your cookie preferences and withdraw consent at any time
• Request access to personal data we hold about you
• Request correction or deletion of your personal data
• Object to or restrict certain processing activities

Requests can be submitted using the contact information below.

Data Processing for Cerkl Broadcast Users

If you are an authorized user of Cerkl Broadcast, we process personal data as necessary to provide, secure, and improve the service. This includes, but is not limited to:

• Account information and authentication data
• Usage and interaction data within the application
• Security, audit, and reliability data
• Customer support communications

This data is processed under one or more of the following legal bases:

• Contractual necessity: Processing required to deliver the Cerkl Broadcast service
• Legitimate interests: Processing required to maintain security, prevent fraud, ensure reliability, and improve product functionality
• Legal obligations: Processing required to comply with applicable laws

Because this processing is necessary to provide the service, cookie-style opt-out mechanisms do not apply within the Cerkl Broadcast application. Broadcast users may still exercise applicable data protection rights, such as access, correction, or deletion, subject to contractual and legal requirements.

Information We Collect

We collect the following types of information when you use the Service:

• User Information: Information provided by Users when creating or managing an account (e.g., name, email address, role, login credentials).
• Customer Data: Information submitted by Customers to the Service, which may include Subscriber information such as names, email addresses, communication preferences, and interaction history.
• Usage Data: Technical data about how Users interact with the Service (e.g., IP address, browser type, operating system, activity logs).
• Third-Party Integrations: If you connect integrations (e.g., Slack, Teams, SharePoint, mobile applications), certain Customer Data and Subscriber information may flow through those third-party services.
• Third-Party Security Services: We may use services such as Google reCAPTCHA or Cloudflare to protect our site from spam and abuse. These services analyze interactions (like IP address, browser details, and behavior) to determine whether a visitor is human.

How We Use Information

We use information to:

• Provide, operate, and improve the Service.
• Authenticate Users and manage accounts.
• Enable Assistants to analyze and generate outputs from Customer Data.
• Deliver communications to Subscribers on behalf of Customers.
• Provide analytics and reporting regarding Audience Size, Subscribers, and engagement.
• Support integrations with third-party platforms selected by Customers.
• Ensure security, prevent fraud, and enforce compliance with our Terms of Service.
• Comply with legal obligations.

Sharing of Information

We may share information as follows:

• Service Providers: With vendors and partners who help us deliver the Service (e.g., hosting, analytics, customer support).
• Third-Party Integrations: If you enable integrations, Customer Data and Subscriber information may be shared with those services. We are not responsible for the privacy or security practices of third-party providers, and you should review their policies separately.
• Legal Compliance: To comply with law, regulation, legal process, or enforceable government request.
• Business Transfers: In connection with a merger, acquisition, financing, or sale of assets.
• With Consent: In other cases, with your permission.

We do not sell personal information.

Role of Cerkl and Customers

• For User information: Cerkl is the controller and determines how this data is processed.
• For Customer Data and Subscriber information: Cerkl is a processor and processes data only on behalf of and under the instructions of the Customer (the controller).

Data Retention

We retain Customer Data, including Subscriber information, for as long as the Customer account remains active. After account termination, Customer Data is retained for 30 days, after which it is permanently deleted unless required by law. User account information may be retained as long as necessary for legal, accounting, or business purposes.

Subscriber Rights

Subscribers who wish to exercise data protection rights (e.g., GDPR, CCPA) should contact the Customer directly, as the Customer is the data controller. Cerkl will assist Customers in responding to Subscriber requests to the extent required by law and by our Data Processing Addendum. Users may exercise rights regarding their personal data by contacting Cerkl directly at privacy@cerkl.com.

Security

We use reasonable and appropriate technical and organizational measures to protect personal information. However, no system is completely secure, and we cannot guarantee absolute security.

Marketing & Publicity

We may use Customer company names and logos in our marketing materials, website, and presentations unless the Customer opts out in writing.

We do not use Subscriber or User personal information for publicity purposes.

International Transfers

If you access the Service from outside the United States, personal information may be transferred to and processed in the U.S. or other countries where we or our providers operate. We implement safeguards for such transfers as required by law.

Children's Privacy

The Service is not directed to children under 16, and we do not knowingly collect information from them.

Updates to This Policy

We may update this Privacy Policy from time to time. If we make material changes, we will notify Customers via email or in-app notice. We will notify website visitors via banner. Continued use of the Service after changes take effect constitutes acceptance of the updated Policy.

Contact Us

If you have questions about this Privacy Policy, our use of cookies, or how we process personal data, please contact us at: privacy@cerkl.com

Cookie Declaration
(Public Website Visitors Only)

A detailed and up-to-date list of cookies used on this website, including their purpose, provider, and duration, is available through our cookie consent tool and is updated automatically.