Privacy Policy

Last Updated: February 4, 2025

In order to ensure transparency and give you more control over your personal data, this privacy policy (“Privacy Policy”) governs how we, Tolstoy Ltd. (together, “we”, “our” or “us”) use, collect and store personal data we collect or receive from or about you (“you”) such as in the following use cases:

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(i) When you browse or visit our website, available at: https://www.gotolstoy.com/ ("Website") or Platform (defined below);

(ii) When you are our Customer and you have signed up to and are using our platform ("Platform");

(iii) When you are a user and you are viewing, accessing, interacting or otherwise using the content shared in the customer's website and/or e-commerce platform as part of our Platform's services;

(iv) When you are a user browsing the customer's website and/or e-commerce platform and you register with us;

(iv) When you contact us (e.g. customer support, need help, submit a request);

(v) When you attend a marketing event, provide us with your business cards and/or provide us with your personal data for marketing purposes;

(vi) When we use the personal data of our service providers (e.g. contact details);

(vii) When we use the Personal Data of our customers (e.g. contact details); and

(viii) When you interact with us on our social media profiles (e.g., Facebook, Instagram, Twitter, LinkedIn).

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We greatly respect your privacy, which is why we make every effort to provide a platform that would live up to the highest of user privacy standards. Please read this Privacy Policy carefully, so you can fully understand our practices in relation to personal data. "Personal Data" or "Personal Information" means any information that can be used, alone or together with other data, to uniquely identify any living human being. Important note: Nothing in this Privacy Policy is intended to limit in any way your statutory right, including your rights to a remedy or means of enforcement.

This Privacy Policy can be updated from time to time and, therefore, we ask you to check back periodically for the latest version of this Privacy Policy. If we implement significant changes to the use of your Personal Data in a manner different from that stated at the time of collection, we will notify you by posting a notice on our Website and/or Platform or by other means. Capitalized terms used and not otherwise defined herein shall have the respective meanings ascribed to such terms in our Terms of use available at: https://www.gotolstoy.com/terms-of-use

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1. WHAT INFORMATION WE COLLECT, WHY WE COLLECT IT, AND HOW IT IS USED

When you browse, or visit, our Website or Platform, we collect data about you through cookies, analytic tools, log files and other tracking technologies. We collect this data in order to analyze trends, administer the Website and/or Platform, and to track your movement around the Website and/or Platform. We use anonymous identifiers in order for us to present you with customized information, and in order to track users.

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When you are our Customer and you have signed up to and are using our Platform, you will provide us with your sign up information which includes email addresses, full name, phone number, payment information. While using our Platform you may provide us with other information such as videos, pictures and/or any other content that you choose to upload to our Platform. In addition, we collect your usage of our Platform, which includes analytic information and your IP address. We collect this information in order to allow you to use and access our Platform, create content using our Platform and to otherwise use the services provided by the Platform, including, without limitation to display the videos to your website and/or e-commerce platform users, allow you to create an account; to communicate with you about your use of the services and the Platform and for support purposes; to fulfill any instruction and/or request made by you in the context of the services and the Platform; to send you push notifications and/or emails and notifications regarding your account or certain features of the services and the Platform, including, updates pertaining to your subscription, and related to the services we provide you with; to personalize your experience with our services and the Platform; to allow you to create more users and administrate your users; to generally administer and improve the services and the Platform. We also use your name and email details that you provide us with in order to send you marketing communications.

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When you are a user and you are viewing, accessing, interacting or otherwise using the content created via our Platform, we collect information from you which may include email addresses, names, phone numbers, comments, IP addresses, the time you spent interacting with the content created and/or displayed by our Platform, clicks, and/or any other information you or our Customer choose to share with us. We collect this information in order to allow you to interact, view, access and/or otherwise use the content created by our Platform.

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When you choose to create an Avatar or otherwise use the Avatar Services via our Platform, we collect and utilize information that you choose to share or upload to the Platform, which may include: (a) details about the Avatars you create, including customization choices, designs, and any modifications made. This information is used for providing and improving our Avatar Services; (b) photos, voice recordings, images, likeness, videos, text, and scripts used to prompt Avatars to speak and perform. This may include any images and audio files uploaded as part of the Avatar Services. This information is used to facilitate the creation of Avatars, enhance your experience, and enable more personalized Avatar creation; (c) information on how you interact with our Platform, including IP addresses, browser types, pages visited, and timestamps. This information helps us understand usage patterns and improve our services (all of the foregoing, “Avatar Data”). Avatar Data is also used: (i) to facilitate the creation of avatars and enhance overall user experience with our Platform. This includes optimizing our avatar creation services to meet users’ needs; (ii) to tailor content and recommendations based on your preferences and the details of your avatar creation prompts; and (iii) to analyze usage patterns and other data to improve the functionality and performance of our Platform and to conduct research aimed at enhancing our services.

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When you choose to create a generated photo or use the OnYou Services via our Platform, we collect and utilize information that you choose to share or upload to the Platform, which may include photos, images, likeness, videos, text, and scripts shared or uploaded as part of the OnYou Services. This information is used to facilitate the creation of your personalized materials, enhance your experience, and enable more personalized photos creation. In addition, we may collection information on how you interact with our Platform, including IP addresses, Email addresses, browser types, pages visited, and timestamps. This information helps us understand usage patterns and improve our services (all of the foregoing, “OnYou Data”). OnYou Data is also used:(i) to facilitate the creation of personalized photos and enhance overall user experience with our Platform. This includes optimizing our photos creation services to meet users’ needs; (ii) to tailor content and recommendations based on your preferences and the details of your photo creation prompts; and (iii)to analyze usage patterns and other data to improve the functionality and performance of our Platform and to conduct research aimed at enhancing our services.

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When you are a user browsing the customer's website and/or e-commerce platform and you register with us, we collect information from you which includes email address and preferences (e.g., your favorite videos). We collect this information in order to allow you to register with us, to send you registration-related emails, to save your preferences and to provide you with relevant content. Please note that in this case, we will share your information with the relevant customer (e.g., the website that you browsed and from which you registered with us).

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When you contact us (e.g. customer support, need help, submit a request), you will provide us with the following information: name, email address, country, and any messages or other information you wish to share with us. We use this information to answer your questions and to provide support (e.g. to solve problems, bugs or issues). We also use your name and email details that you provide us with in order to send you marketing communications.

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When you attend a marketing event, provide us with your business cards and/or provide us with your personal data for marketing purposes, we collect personal data that you provide us with, such data contains the following types of Personal Data: name, email address, phone number, company name, job title, country, and any other information you may wish to share with us. We use this information to establish a business connection and to send you marketing communications.

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When we use the Personal Data of our service providers, we collect the following Personal Data from our service providers: name, email address, phone number, company name, job title, country, and any other data our service providers may choose to share with us. We collect this information in order to communicate with and perform the applicable agreement with our service providers.

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When we use the Personal Data of our customers (e.g. contact details). We collect the following Personal Data from our customers including full name, email address, phone number, company name job position, payment information (to the extent that includes Personal Data) and any other category of Personal Data that you decide to share with us. We collect this Personal Data in order to communicate with you for service-related communications (including, technical notices, updates, security alerts and support and administrative messages), to provide you with services and customize your experience, to perform the applicable agreement, to effect and process payment for the services rendered, to provide technical support or troubleshooting related to the services provided to you, to obtain feedback or follow up information about the provision of our services and the Platform, to enforce our terms of use, policies and other contractual arrangements, to prevent misuse of the Platform, and to take any action in any legal dispute and proceeding.

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When you interact with us on our social media profiles (e.g., Facebook, Instagram, Twitter, LinkedIn), we collect the following Personal Data: name, email address, phone number, company name, job title, country, and any other data you may choose to share with us. We collect this information in order to communicate with you, respond to your questions and/or requests and/or to otherwise engage with you.

Finally, please note that some of the abovementioned Personal Data will be used for detecting, taking steps to prevent, and prosecution of fraud or other illegal activity, to identify and repair errors, to conduct audits, and for security purposes. Personal Data may also be used to comply with applicable laws, with investigations performed by the relevant authorities, law enforcement purposes, and/or to exercise or defend legal claims. In certain cases, we may or will anonymize or de-identify your Personal Data. "Anonymous Information" means information which does not enable identification of an individual user, such as aggregated information about the use of our services. We may use Anonymous Information and/or disclose it to third parties without restrictions (for example, in order to improve our services and enhance your experience with them).

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The lawful bases we rely on for processing personal information are (if and when applicable):

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The data subject has given consent to the processing of his or her personal data;
Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
processing is necessary for compliance with a legal obligation to which the controller is subject; and/or
Processing is necessary for the purposes of the legitimate interest.

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2. HOW WE PROTECT AND RETAIN YOUR INFORMATION

2.1. Security. We have implemented appropriate technical, organizational and security measures designed to protect your Personal Data. However, please note that we cannot guarantee that the information will not be compromised as a result of unauthorized penetration to our servers. As the security of information depends in part on the security of the computer, device or network you use to communicate with us and the security you use to protect your user IDs and passwords, please make sure to take appropriate measures to protect this information.

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2.2. Retention of your Personal Data. Your Personal Data will be stored until we delete the record and we proactively delete it or you send a valid deletion request. Please note that in some circumstances we may store your Personal Data for longer periods of time, for example (i) where we are required to do so in accordance with legal, regulatory, tax or accounting requirements, or (ii) for us to have an accurate record of your dealings with us in the event of any complaints or challenges, or (iii) if we reasonably believe there is a prospect of litigation relating to your Personal Data or dealings.

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3. HOW WE SHARE YOUR PERSONAL DATA

We share your Personal Data as follows:

3.1. With our service providers and business partners (e.g., to offer products or services), including, without limitation, third party hosting providers (such as Amazon Web Services) and other vendors and service providers (such as Hubspot (CRM), Intercom (support tickets), Lumigo (monitoring and alerting), LogRocket (performance), Sentry (monitoring and alerting), Stripe (payment processing), Google Analytics (analytics), Mixpanel (analytics), Metabase (analytics), Segment (analytics)) to help us to provide you with the Website and Platform services. Avatar Data is shared with our third-party vendors who assist or otherwise take part in the Avatar Services, such as creating Avatars, hosting, analytics, and customer support for the Avatar Services.

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3.2. In the context of the Platform we allow our customers to share some content/information with its third party integrations. Please note that this actions are being done by the customer itself and subject to their request.

3.3. With our staff and other entities within our group.

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We may also share your Personal Data as follows:

3.5. To the extent necessary, with regulators, courts or competent authorities, to comply with applicable laws, regulations and rules (including, without limitation, federal, state or local laws), and requests of law enforcement, regulatory and other governmental agencies or if required to do so by court order;

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3.6. If, in the future, we sell or transfer, or we consider selling or transferring, some or all of our business, shares or assets to a third party, we will disclose your Personal Data to such third party (whether actual or potential) in connection with the foregoing events;

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3.7. In the event that we are acquired by, or merged with, a third party entity, or in the event of bankruptcy or a comparable event, we reserve the right to transfer, disclose or assign your Personal Data in connection with the foregoing events; and/or

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3.8. Where you have provided your consent to us sharing or transferring your Personal Data (e.g., where you provide us with marketing consents or opt-in to optional additional services or functionality).

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If you have further questions, contact us to privacy@gotolstoy.com.

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4. STORAGE OF PERSONAL DATA

4.1. Storage and access: We may store your information on AWS servers in the US and may have access to your information from our offices in Israel.

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4.2. In order to run our business and provide our Website and Platform to you, we transfer Personal Data to certain countries around the world, including to our affiliates and service providers, many of whom are located outside of your jurisdiction. Therefore, your Personal Data may be processed in countries with privacy laws that are different from privacy laws in your country. Whenever we make such transfers, we will use commercially reasonable efforts to implement an appropriate level of protection to your Personal Data by implementing at least one of the following safeguards:

i. making sure the destination country has been deemed to provide an adequate level of protection for Personal Data; and/or

ii. by executing implement data onward transfer instruments such as data processing and protection agreements.

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5. YOUR PRIVACY RIGHTS.

5.1. Rights: The following rights (which may be subject to certain exemptions or derogations) shall apply to certain individuals (some of which only apply to individuals protected by specific laws):

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You have a right to access Personal Data held about you. Your right of access may normally be exercised free of charge, however we reserve the right to charge an appropriate administrative fee where permitted by applicable law;
You have the right to request that we rectify any Personal Data we hold that is inaccurate or misleading; and/or
You have the right to request the erasure/deletion of your Personal Data (e.g. from our records). Please note that there may be circumstances in which we are required to retain your Personal Data, for example for the establishment, exercise or defense of legal claims.

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5.2. Exercise your rights: You can exercise your rights by contacting us at privacy@gotolstoy.com. Subject to legal and other permissible considerations, we will make every reasonable effort to honor your request promptly in accordance with applicable law or inform you if we require further information in order to fulfil your request. When processing your request, we may ask you for additional information to confirm or verify your identity and for security purposes, before processing and/or honoring your request. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive. In the event that your request would adversely affect the rights and freedoms of others (for example, would impact the duty of confidentiality we owe to others) or if we are legally entitled to deal with your request in a different way than initial requested, we will address your request to the maximum extent possible, all in accordance with applicable law.

5.2. Deleting your account: Should you ever decide to delete your account, you may do so by emailing privacy@gotolstoy.com. If you terminate your account, any association between your account and Personal Data we store will no longer be accessible through your account. However, given the nature of sharing on certain services, any public activity on your account prior to deletion will remain stored on our servers and will remain accessible to the public.

5.3. Marketing emails: You may choose not to receive marketing email of this type by sending a single email with the subject "BLOCK" to privacy@gotolstoy.com. Please note that the email must come from the email account you wish to block OR if you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails, and we will process your request within a reasonable time after receipt.

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6. USE BY CHILDREN

We do not offer our products or services for use by children and, therefore, we do not knowingly collect Personal Data from, and/or about children under the age of eighteen (18). If you are under the age of eighteen, do not provide any Personal Data to us without involvement of a parent or a guardian. In the event that we become aware that you provide Personal Data in violation of applicable privacy laws, we reserve the right to delete it. If you believe that we might have any such information, please contact us at: privacy@gotolstoy.com.

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7. INTERACTION WITH THIRD PARTY PRODUCTS

We enable you to interact with third party websites, mobile software applications and products or services that are not owned or controlled by us (each a "Third Party Service"). We are not responsible for the privacy practices or the content of such Third Party Services. Please be aware that Third Party Services can collect Personal Data from you. Accordingly, we encourage you to read the terms and conditions and privacy policies of each Third Party Service.

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8. LOG FILES

We use log files. We use such information to analyze trends, administer the Website and/or Platform, track users’ movement around the Website and/or Platform, and gather demographic information.

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9. TOOLS

9.1. Google Analytics. The Website and/or Platform uses a tool called "Google Analytics" to collect information about use of the Website and/or Platform. Google Analytics collects information such as how often users visit this Website and/or Platform, what pages they visit when they do so, and what other websites they used prior to coming to this Website and/or Platform. We use the information we get from Google Analytics to maintain and improve the Website, Platform and our products. We do not combine the information collected through the use of Google Analytics with Personal Data we collect. Google’s ability to use and share information collected by Google Analytics about your visits to the Website and/or Platform is restricted by the Google Analytics Terms of Service, available at https://marketingplatform.google.com/about/analytics/terms/us/, and the Google Privacy Policy, available at http://www.google.com/policies/privacy/. You may learn more about how Google collects and processes data specifically in connection with Google Analytics at http://www.google.com/policies/privacy/partners/. You may prevent your data from being used by Google Analytics by downloading and installing the Google Analytics Opt-out Browser Add-on, available at https://tools.google.com/dlpage/gaoptout/.

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9.2. Mixpanel. We collect Personal Information such as your email address and your user activity through the use of Mixpanel. Mixpanel’s ability to use and share information is governed by the Mixpanel Terms of Use, available at https://mixpanel.com/terms/, and the Mixpanel Privacy Policy, available at https://mixpanel.com/privacy/. You can opt-out of Mixpanel’s services by clicking on the following link: https://mixpanel.com/optout/.

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9.3. Segment. Some of the Personal Information collected by us may be shared with Segment. Segment's access to such Personal Information is governed by its terms of service available at https://segment.com/legal/terms/

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We reserve the right to remove or add new analytic tools.

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11. How to contact us

If you have any questions, concerns or complaints regarding our compliance with this notice and the data protection laws, or if you wish to exercise your rights, we encourage you to first contact us at privacy@gotolstoy.com.

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