Privacy Policy

1. Acceptance of this Policy

This Privacy Policy (the “Policy”) governs the websites, applications, APIs and related services operated by Binah (the “Service”). By accessing, browsing, registering for or using the Service, you agree to this Policy in its entirety on behalf of yourself and any organization you represent, and you confirm that you have authority to bind that organization.

If you do not agree with any part of this Policy, you must not access or use the Service. Your use of the Service is voluntary and is undertaken entirely at your own risk. Nothing in this Policy creates any partnership, joint venture, agency, employment or fiduciary relationship between you and Binah, and Binah owes you no fiduciary duty of any kind.

2. Your accounts, your data, your responsibility

The Service reads and writes data in third-party advertising platforms that you choose to connect. As between you and Binah, you are the owner and controller of that data and Binah acts solely as a processor executing your instructions. You represent, warrant and covenant on a continuing basis that:

• you own, or are lawfully and expressly authorized by the owner to access and administer, every advertising account, page, pixel, dataset and property you connect to the Service;
• you have obtained and will maintain all consents, notices, permissions, licences and legal bases required for the collection, transfer and processing of all data you cause to enter the Service, including any personal data of your clients, employees or end users;
• your use of the Service, and each instruction you issue through it, complies with all applicable laws and with the terms, policies and advertising rules of every connected platform; and
• you will not connect, upload or transmit data belonging to any third party without that party's authority.

Binah has no obligation to verify, and does not verify, your authority, your consents or the lawfulness of your data or instructions, and assumes no liability arising from their absence, invalidity or withdrawal. You are solely responsible for all activity occurring under your account, including activity by your employees, contractors, clients and anyone to whom you grant access.

3. Information we collect

We collect and process the following categories of information:

• Account and identity data. Name, email address, hashed password, organization name, role, workspace settings and preferences.
• Platform credentials. OAuth access and refresh tokens, API keys, developer tokens, account identifiers and related authorization metadata, held in encrypted form.
• Advertising data. Ad accounts, campaigns, ad sets, ads, creatives, previews, destination URLs, budgets, bids, statuses, and performance metrics such as spend, impressions, clicks, conversions and revenue, as reported to us by the connected platforms.
• Usage, device and log data. IP address, browser and device characteristics, operating system, referring pages, timestamps, pages and features accessed, queries and filters run, errors encountered, and audit records of every change you make through the Service.
• Cookies and local storage. Session and security identifiers and interface preferences stored on your device.
• Communications. Support requests, correspondence, feedback and any content you voluntarily submit to us.
• Billing data. Plan, transaction and invoice records. Payment card details are collected and processed by third-party payment processors; we do not store complete payment card numbers.

We may collect and log this information automatically, continuously and without separate notice each time you interact with the Service, and we may retain such records for as long as we consider appropriate.

4. How we use information

We may use the information described above to:

• provide, operate, host, maintain and support the Service, and authenticate access to it;
• synchronize data from connected platforms and transmit the budget, bid, status and other changes you instruct;
• monitor, investigate, diagnose and repair errors, outages, abuse and security incidents;
• protect the Service, our users and third parties against fraud, misuse, unauthorized access and unlawful activity;
• measure usage, generate internal analytics, and develop, test and improve existing and new products, features, algorithms, benchmarks and machine-learning models;
• administer billing, plans and entitlements;
• communicate with you about the Service, including service, security and transactional messages, and, subject to applicable law, product updates;
• establish, exercise or defend legal claims, enforce this Policy and any agreement with you, and comply with law, regulation and legal process; and
• any other purpose disclosed to you at the point of collection or otherwise permitted by applicable law.

5. Aggregated and de-identified data

Binah may generate aggregated, anonymized, statistical or otherwise de-identified data from your use of the Service and from data processed through it, provided such data does not identify you or any individual. All such data is and remains the exclusive property of Binah, and Binah may use, reproduce, store, modify, disclose, license, commercialize and otherwise exploit it in perpetuity and irrevocably for any lawful purpose — including benchmarking, research, product development, model training and marketing — without attribution, notice, restriction or compensation to you. You acquire no right, title or interest in such data, you have no right to require its deletion or return, and this section survives termination of your account for any reason.

6. Third-party advertising platforms

Binah is an independent tool and is not affiliated with, endorsed by, sponsored by or certified by any advertising platform, including Meta, Google, TikTok, Snapchat, Reddit, Outbrain, Taboola, Microsoft, Pinterest, Amazon and AppLovin. All trademarks are the property of their respective owners.

When you connect a platform you authorize Binah to access, read and — within the scopes you grant — modify data in that account on your behalf. Each platform's own terms and privacy policies govern its processing of your data, and you are responsible for reviewing them and for the permissions you grant. Binah is not responsible or liable for the acts, omissions, policies, availability, pricing or decisions of any platform, including API changes, deprecations, quota and rate limits, throttling, data restatements, permission revocations, advertising or policy reviews, or the limitation, suspension, disabling or banning of any of your accounts or assets, whether or not connected with your use of the Service.

7. No warranty of data accuracy; no reliance

Metrics, conversions, revenue figures, currency conversions, attribution and other data presented by the Service originate from third-party platforms and are provided as received. Such data may be delayed, incomplete, estimated, sampled, modelled, de-duplicated or attributed differently than in a platform's own interface, and platforms may restate it retroactively. The Service is a reporting and workflow convenience and is not a system of record.

You must not rely on the Service for accounting, tax, audit, billing, regulatory, investment or other consequential purposes, and you are solely responsible for independently verifying any figure before relying on it. All decisions you make — including budget, bid, targeting, creative and spend decisions — are yours alone. To the maximum extent permitted by law, Binah disclaims all liability for any loss arising from such decisions or from any inaccuracy, omission, delay, duplication or unavailability of data, including wasted or misallocated advertising spend, lost revenue and lost opportunity.

8. When we disclose information

We may disclose information:

• to service providers and subprocessors that support the Service, such as hosting, storage, database, queueing, email, analytics, error-monitoring and payment providers, bound by confidentiality obligations;
• to our affiliates and to our personnel, contractors and professional advisers who need it to perform their functions;
• in response to subpoenas, court orders, warrants, regulatory demands, requests from law enforcement or other legal process, or where we believe in our sole discretion that disclosure is required or advisable, without any obligation to notify you unless mandatory law requires it and without any obligation to contest or narrow the request;
• where we believe in good faith that disclosure is necessary to investigate, prevent or act regarding suspected illegal activity, fraud, abuse, security incidents, threats to any person's safety, or violations of this Policy or of any agreement with us, or to establish, exercise or defend legal claims;
• in connection with any merger, acquisition, financing, due diligence, reorganization, sale of assets, receivership, insolvency, bankruptcy or similar transaction, in which case information may be transferred or assigned as a business asset without further notice to you; and
• at your direction or with your consent.

Binah does not sell personal information for monetary consideration within the meaning of applicable data protection law.

9. Cookies, sessions and tracking

We use cookies and similar technologies that are strictly necessary to authenticate you, maintain your session, protect against attacks and remember interface preferences, and we may use analytics and error-monitoring technologies to understand and improve use of the Service. Local storage may hold preferences such as saved column layouts. Blocking or deleting cookies may prevent the Service from functioning, and we accept no liability for such degradation. Except where mandatory law requires otherwise, we do not respond to “Do Not Track” or Global Privacy Control signals.

10. Retention, deletion and your own backups

We retain information for as long as we consider necessary to provide the Service, comply with legal and regulatory obligations, resolve disputes, enforce our agreements, maintain security and preserve backups, logs and audit records. Where we delete data, residual copies may persist in backups, archives and logs for a further period, and de-identified and aggregated data may be retained indefinitely as described above.

Binah may suspend, restrict, export, delete or permanently destroy your data and account at any time, with or without notice, including on termination, expiry of a trial, non-payment, suspected abuse or prolonged inactivity. You are solely responsible for maintaining your own independent records and exports of any data you require, and, to the maximum extent permitted by law, Binah shall have no liability for any loss, corruption, inaccessibility or deletion of data however caused.

11. Security

We employ commercially reasonable technical and organizational measures intended to protect information, including encryption of platform credentials at rest, encrypted transport, access controls and tenant isolation. However, no method of transmission or storage is completely secure, and we do not and cannot warrant or guarantee the security of any information.

You are responsible for safeguarding your passwords, tokens, devices and personnel access, for promptly revoking access you no longer intend to grant, and for notifying us without delay of any suspected compromise. To the maximum extent permitted by law, Binah disclaims all liability for unauthorized access to or use of information, interception, hacking, phishing, credential theft, malware, denial-of-service attacks, insider misuse, third-party service compromise, and misuse by any person to whom you granted access.

12. International processing and transfers

The Service is operated using infrastructure and personnel that may be located in multiple countries, and information may be processed, stored and accessed in any jurisdiction in which Binah or its subprocessors operate, including jurisdictions whose data protection laws differ from those of your own. By using the Service you instruct and consent to such transfers and processing. Where mandatory law requires a transfer mechanism, we will rely on an available lawful mechanism.

13. Choices and legal rights

To the extent — and only to the extent — that mandatory law applicable to you grants rights in respect of personal data, such as rights of access, correction, deletion, portability, restriction, objection or withdrawal of consent, you may submit a request to support@binah.io. We may require information sufficient to verify your identity and authority before responding.

We may decline or limit a request where an exemption applies, where it is manifestly unfounded, excessive or repetitive, where compliance would infringe the rights of others, reveal confidential information, trade secrets or intellectual property, or compromise security or legal privilege, or where the data has been aggregated or de-identified. Where data is processed on behalf of a customer of Binah that controls it, we will refer your request to that customer. Nothing in this Policy creates rights beyond those granted by mandatory law.

14. No use by minors

The Service is a business tool intended solely for use by persons aged 18 or over acting in a professional capacity. It is not directed at children, and we do not knowingly collect personal information from children. If we become aware that we have collected such information, we will delete it. Any use of the Service by a minor is unauthorized and at the sole risk of the responsible adult or organization.

15. Free, trial, beta and preview features

Features offered free of charge or designated as trial, alpha, beta, preview, experimental or early access are provided for evaluation only, may be incomplete or unstable, and may be changed, suspended or discontinued at any time without notice. Data held in such features may be deleted without notice or liability. To the maximum extent permitted by law, such features are provided with no warranty and no support commitment, and Binah’s liability in respect of them is excluded entirely.

16. Disclaimer of warranties

The service and all data, reports, previews and materials made available through it are provided “as is” and “as available”, with all faults and without warranty of any kind, whether express, implied, statutory or otherwise. To the maximum extent permitted by applicable law, the company parties disclaim all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment and accuracy, and any warranty that the service will be uninterrupted, timely, secure, error-free, free of harmful components, compatible with any platform or system, or that data will be accurate, complete, current, preserved or recoverable. No advice or information obtained from the company parties creates any warranty not expressly stated in this policy.

17. Limitation of liability

To the maximum extent permitted by applicable law, the company parties shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, goodwill, business, opportunity, data, advertising spend, savings anticipated or business interruption, or cost of substitute services, arising out of or in connection with this policy or the service, whether based in contract, tort, negligence, strict liability, statute or any other theory, and whether or not the company parties were advised of the possibility of such damages.

The total aggregate liability of the company parties for all claims arising out of or relating to this policy or the service shall not exceed the greater of (a) the amount of fees actually paid by you to Binah for the service in the three (3) months immediately preceding the event giving rise to the first such claim, or (b) one hundred United States dollars (US$100).

The existence of multiple claims does not enlarge this limit. These limitations are a fundamental basis of the bargain between the parties, apply even if any remedy fails of its essential purpose, and survive termination. Where applicable law does not permit the exclusion or limitation of certain liability, the liability of the Company Parties is limited to the smallest extent permitted by that law.

18. Indemnification

You agree to defend, indemnify and hold harmless the Company Parties from and against all claims, demands, actions, investigations, proceedings, damages, losses, liabilities, fines, penalties, settlements, costs and expenses (including reasonable legal and professional fees) arising out of or related to:

• your access to or use of the Service, and any data, content or instruction you submit or cause to be processed;
• your breach or alleged breach of this Policy, of any agreement with us, or of the terms or policies of any connected platform;
• your lack of authority, permission, consent or legal basis in respect of any account or data connected to the Service;
• your violation or alleged violation of any law, including privacy, data protection, consumer protection, advertising, marketing or anti-spam law;
• any claim brought by your clients, customers, end users, employees, contractors or any third party in connection with your use of the Service; and
• any unauthorized access to or activity within your account, including through credentials issued to or by you.

We may, at our option and at your expense, assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate. You may not settle any matter in a way that imposes any obligation, admission or liability on any Company Party without our prior written consent.

19. Persons protected by this Policy

“Company Parties” means Binah together with its present and future parents, subsidiaries and affiliates, and each of their respective founders, owners, shareholders, investors, directors, officers, managers, employees, contractors, freelancers, consultants, advisers, agents, representatives, service providers, subprocessors, licensors, resellers, successors and assigns.

Every disclaimer, exclusion, limitation of liability, release, waiver and indemnity in this Policy applies for the benefit of each Company Party, individually and collectively, and each Company Party is an intended third-party beneficiary of those provisions and may enforce them directly. To the maximum extent permitted by applicable law, you agree that no individual founder, owner, director, officer, employee, contractor or agent of Binah shall bear any personal liability to you in connection with the Service, that any claim you may have shall be brought solely against the contracting entity, and you irrevocably waive any claim against such individuals.

20. Disputes, arbitration and class action waiver

Before commencing any proceeding, you agree to notify us in writing at support@binah.io and to attempt in good faith to resolve the dispute informally for a period of thirty (30) days. Thereafter, any dispute, claim or controversy arising out of or relating to this Policy or the Service shall be resolved by final and binding arbitration on an individual basis, administered under the rules of a recognized arbitral institution in the venue stated below and conducted in English, unless Binah elects in its sole discretion to have the dispute determined by the courts identified below.

You and Binah each waive any right to a trial by jury and any right to bring or participate in a class, collective, consolidated or representative action, or to act as a class representative or member. No arbitrator or court may consolidate claims of more than one person without the written consent of all parties. To the maximum extent permitted by law, any claim must be brought within one (1) year after the date on which it accrued, failing which it is permanently barred. Nothing in this section prevents Binah from seeking injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property, confidential information or the security and integrity of the Service.

21. Governing law and venue

This Policy and any dispute arising out of or relating to it or the Service are governed by the laws of at the discretion of the company, without regard to its conflict-of-laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods. Subject to the preceding section, you irrevocably submit to the exclusive jurisdiction and venue of at the discretion of the company, consent to personal jurisdiction there, and waive any objection based on venue, inconvenient forum or lack of personal jurisdiction.

22. Changes to this Policy

Binah may amend this Policy at any time and in its sole discretion. Amendments take effect immediately upon posting of the revised Policy with an updated effective date. We may, but are not obliged to, notify you of material changes by email or through the Service. You are responsible for reviewing this Policy periodically, and your continued access to or use of the Service after a revision constitutes your acceptance of it. If you do not accept a revision, you must cease using the Service and may request deletion of your account.

23. General

• Severability. If any provision is held unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions remain in full force.
• No waiver. No failure or delay in exercising any right operates as a waiver of it, and no waiver is effective unless in writing and signed by Binah.
• Assignment. Binah may assign or transfer this Policy and its rights and obligations, in whole or in part, without restriction, including in connection with any corporate transaction. You may not assign or transfer any of your rights or obligations without our prior written consent.
• Survival. All provisions that by their nature should survive termination do survive it, including those concerning aggregated data, data accuracy, retention and deletion, security, warranties, limitation of liability, indemnification, protected persons, disputes and governing law.
• Force majeure. Binah is not liable for any failure or delay caused by events beyond its reasonable control, including platform or API outages, deprecations and policy changes, internet, hosting, network or power failures, cyberattacks, acts of God, natural disasters, epidemics, war, terrorism, civil unrest, labour disputes and governmental or regulatory action.
• Entire understanding; precedence. Unless a written agreement signed by Binah expressly provides otherwise, this Policy constitutes the entire understanding between you and Binah with respect to privacy and data handling and supersedes all prior or contemporaneous statements and representations.
• Language and headings. The English-language version of this Policy governs. Headings are for convenience only and do not affect interpretation.

24. Contact

Questions, requests and notices under this Policy should be sent to support@binah.io. We endeavour to respond within a reasonable period but do not guarantee any particular response time except where mandatory law requires one.