2.1. Gefen Technologies Ltd. ("we," "us," "our," and "Company") operates and provides an online marketing platform (the "Services").
2.2. The Services enable our Customers to, among other things, send and manage email campaigns and serve advertisements. We also provide other related services, such as real-time data analytics.
3.1. "Contact" is a person an Agent may contact through our Services. In other words, a Contact is anyone on an Agent's Distribution List or about whom an Agent has given us information. For example, if you are an Agent, a subscriber to your email marketing campaigns would be considered a Contact.
3.2. "Distribution List" is a list of Contacts an Agent may upload or manage on our platform and all associated information related to those Contacts (for example, email addresses).
3.3. "Agent" means any person or entity that is registered with us to use the Services.
3.4. "Personal Information" means any information that identifies or can be used to identify an Agent, a Contact, or a Visitor, directly or indirectly.
3.6. "Visitor" means any person who visits any of our Websites.
3.7. "you" and "your" means, depending on the context, either an Agent, a Contact, or a Visitor.
This section applies to the Personal Information we collect and process from an Agent or potential Agent through the provision of the Services. If you are not an Agent, the Visitors or Contacts section of this policy may be more applicable to you and your data. In this section, "you" and "your" refer to Agents and potential Agents.
4.2. Information We Collect
The Personal Information that we may collect broadly falls into the following categories:
4.2.1 Information you provide to us.
220.127.116.11 In the course of engaging with our Services, you may provide Personal Information about you and your Contacts. Personal Information is often, but not exclusively, provided to us when you sign up for and use the Services, consult with our customer service team, send us an email, integrate the Services with another website or service, or communicate with us in any other way.
18.104.22.168 This information may include:
5.2 Information We Collect. The Personal Information that we may collect or receive about you broadly falls into the following categories:
5.2.1 Information we receive about Contacts from our Agents: An Agent may provide Personal Information about you to us through the Services. For example, when an Agent uploads their Distribution List or integrates the Services with another website or service (for example, when an Agent chooses to connect their e-commerce account with Company), or when you sign up for an Agent’s Distribution List on a Company signup form, they may provide us with certain contact information or other Personal Information about you such as your name, email address, address or telephone number. You may have the opportunity to update some of this information by electing to update or manage your preferences via an email you receive from an Agent.
22.214.171.124 Device information: We collect information about the device and applications you use to access emails sent through our Services, such as your IP address, your operating system, your browser ID, and other information about your system and connection.
126.96.36.199 Product usage data: We collect usage data about you whenever you interact with emails sent through the Services, which may include dates and times you access emails and your browsing activities (such as what pages are viewed). We also collect information regarding the performance of the Services, including metrics related to the deliverability of emails and other electronic communications our Agents send through the Services. This information allows us to improve the content and operation of the Services, and facilitate research and analysis of the Services.
5.2.3 Information we collect from other sources: From time to time, we may obtain information about you from third-party sources, such as social media platforms and third-party data providers. We take steps to ensure that such third parties are legally or contractually permitted to disclose such information to us.
5.3 Use of Personal Information. We may use the Personal Information we collect or receive about you for our legitimate business interests, including:
5.3.3 To meet legal requirements, including complying with court orders, valid discovery requests, valid subpoenas, and other appropriate legal mechanisms.
5.3.4 To provide information to representatives and advisors, including attorneys and accountants, to help us comply with legal, accounting, or security requirements.
5.3.5 To prosecute and defend a court, arbitration, or similar legal proceeding.
5.3.6 To respond to lawful requests by public authorities, including meeting national security or law enforcement requirements.
5.3.8 For our data analytics projects. Our data analytics projects use data from Company accounts, including your Personal Information, to provide and improve the Services.
5.3.9 Other purposes. To carry out other legitimate business purposes, as well as other lawful purposes.
5.5 Legal Basis for Processing. We process Personal Information about you as a data controller as described in this section, where such processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. Our legitimate interests typically include: improving, maintaining, providing, and enhancing our technology, products and services; and ensuring the security of the Services and our Website.
5.6 Other Data Protection Rights. You may have the following data protection rights:
5.6.1 To access, correct, update or request deletion of your Personal Information. Company takes reasonable steps to ensure that the data we collect is reliable for its intended use, accurate, complete, and up to date. You may contact us directly at any time about accessing, correcting, updating or deleting your Personal Information, or altering your data, by emailing us at firstname.lastname@example.org. We will consider your request in accordance with applicable laws.
5.6.2 In addition, if you are a resident of the EEA, you can object to processing of your Personal Information, ask us to restrict processing of your Personal Information or request portability of your Personal Information. Again, you can exercise these rights by emailing us at email@example.com.
5.6.3 You have the right to complain to a data protection authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the EEA are available here.
5.6.4 As described above, for much of the Personal Information we collect and process about Contacts through the Services, we act as a processor on behalf of our Agents. In such cases, if you are a Contact and want to exercise any data protection rights that may be available to you under applicable law or have questions or concerns about how your Personal Information is handled by Company as a processor on behalf of our individual Agents, you should contact the relevant Agent that is using the Services, and refer to their separate privacy policies.
5.6.5 If you no longer want to be contacted by one of our Agents through our Services, please unsubscribe directly from that Agent’s marketing list or contact the Agents directly to update or delete your data. If you contact us directly, we may remove or update your information within a reasonable time and after providing notice to the Agent of your request.
5.6.6 We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. We may ask you to verify your identity in order to help us respond efficiently to your request.
6.1 Intro. This section applies to Personal Information that we collect and process through our Websites and in the usual course of our business, such as in connection with our recruitment, events, sales and marketing activities. In this section "you" and "your" refers to Visitors.
6.2 Information We Collect The Personal Information that we may collect or receive about you broadly falls into the following categories:
6.2.1 Information you provide to us on the Websites or otherwise.
188.8.131.52 Certain parts of our Websites may ask you to provide Personal Information voluntarily. For example, we may ask you to provide certain Personal Information (such as your name, contact details, company name, profile information) in order to sign up for a free or paid Company account, apply for a role with Company, or otherwise submit inquiries to us. We may also collect Personal Information, such as your contact and job details and feedback, when you attend our events, take part in surveys, or through other business or marketing interactions we may have with you. You may choose to provide additional information when you communicate with us or otherwise interact with us, and we will keep copies of any such communications for our records.
184.108.40.206 The Personal Information that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point we ask you to provide your Personal Information. We will also let you know prior to collection whether the provision of the Personal Information we are collecting is compulsory or may be provided on a voluntary basis and the consequences, if any, of not providing the information.
6.2.2 Information we collect automatically through the Websites: When you visit our Websites, we may also collect certain information automatically from your device. In some countries, including countries in the European Economic Area, this information may be considered Personal Information under applicable data protection laws.
6.3 Use of Personal Information. We may use the information we collect through our Websites for a range of reasons, including:
6.3.1 To provide, operate, optimize, and maintain our Websites.
6.3.2 To send you information for marketing purposes, in accordance with your marketing preferences.
6.3.3 For recruitment purposes if you have applied for a role with Company.
6.3.4 To respond to your online inquiries and requests, and to provide you with information and access to resources or services that you have requested from us.
6.3.5 To manage our Websites and system administration and security.
6.3.6 To improve the navigation and content of our Websites.
6.3.7 To identify any server problems or other IT or network issues.
6.3.8 To process transactions and to set up online accounts.
6.3.9 To compile aggregated statistics about site usage and to better understand the preferences of our Visitors.
6.3.10 To carry out research and development to improve our products and services.
6.3.11 To customize content and layout of the Websites.
6.3.12 To carry out other legitimate business purposes, as well as other lawful purposes.
6.6 Other Data Protection Rights. You have the following data protection rights:
6.6.1 To access, correct, update, or request deletion of your Personal Information. Company takes reasonable steps to ensure that the data we collect is reliable for its intended use, accurate, complete, and up to date. You may contact us directly at any time about accessing, correcting, updating, or deleting your Personal Information, or altering your data or marketing preferences by emailing us at firstname.lastname@example.org. We will consider your request in accordance with applicable laws.
6.6.2 In addition, if you are a resident of the EEA, you can object to processing of your Personal Information, ask us to restrict processing of your Personal Information or request portability of your Personal Information. Again, you can exercise these rights by emailing us at email@example.com.
6.6.3 Similarly, if we have collected and processed your Personal Information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.
6.6.4 You have the right to complain to a data protection authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the EEA are available here.
6.7 We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. We may ask you to verify your identity in order to help us respond efficiently to your request.
7.3 Any competent law enforcement body, regulatory body, government agency, court or other third party where we believe disclosure is necessary (a) as a matter of applicable law or regulation, (b) to exercise, establish, or defend our legal rights, or (c) to protect your vital interests or those of any other person.
7.5 Any other person with your consent.
8.1 If you are from the European Economic Area, our legal basis for collecting and using the Personal Information described above will depend on the Personal Information concerned and the specific context in which we collect it.
8.2 However, we will normally collect and use Personal Information from you where the processing is in our legitimate interests and not overridden by your data-protection interests or fundamental rights and freedoms. Typically, our legitimate interests include improving, maintaining, providing, and enhancing our technology, products, and services; ensuring the security of the Services and our Websites; and for our marketing activities.
8.3 If you are an Agent, we may need the Personal Information to perform a contract with you. In some limited cases, we may also have a legal obligation to collect Personal Information from you.
8.4 If we ask you to provide Personal Information to comply with a legal requirement or to perform a contact with you, we will make this clear at the relevant time and advise you whether the provision of your Personal Information is mandatory or not, as well as of the possible consequences if you do not provide your Personal Information.
8.5 Where required by law, we will collect Personal Information only where we have your consent to do so.
8.6 If you have questions about or need further information concerning the legal basis on which we collect and use your Personal Information, please contact us using the contact details provided below.
9.1 Agents and Visitors who have opted in to our marketing emails can opt out of receiving marketing emails from us at any time by clicking the "unsubscribe" link at the bottom of our marketing messages.
9.2 Also, all opt-out requests can be made by emailing us using the contact details provided in the below. Please note that some communications (such as service messages, account notifications, billing information) are considered transactional and necessary for account management, and Agents cannot opt out of these messages unless you cancel your Company account.
10.1 We take appropriate and reasonable technical and organizational measures to protect Personal Information from loss, misuse, unauthorized access, disclosure, alteration, and destruction, taking into account the risks involved in the processing and the nature of the Personal Information.
10.2 Company accounts require a username and password to log in. Agents must keep their username and password secure, and never disclose it to a third party.
11.3 For more information about the transfer of your personal data outside of the EEA, please contact us (our contact details are available below).
12.1 We retain Personal Information where we have an ongoing legitimate business or legal need to do so. Our retention periods will vary depending on the type of data involved, but, generally, we'll refer to these criteria in order to determine retention period:
12.1.1 Whether we have a legal or contractual need to retain the data.
12.1.2 Whether the data is necessary to provide our Services.
12.1.3 Whether our Agents have the ability to access and delete the data within their Company accounts.
12.1.4 Whether our Agents would reasonably expect that we would retain the data until they remove it or until their Company accounts are closed or terminated.
12.2 When we have no ongoing legitimate business need to process your Personal Information, we will either delete or anonymize it or, if this is not possible (for example, because your Personal Information has been stored in backup archives), then we will securely store your Personal Information and isolate it from any further processing until deletion is possible.
14.1 If you have any questions or comments, or if you have a concern about the way in which we have handled any privacy matter, please contact us through the contact details below:
Gefen Technologies Ltd.
Kalischer 30 Tel Aviv 6525724, Israel.
Attn: Data Protection Officer