Legal – Privacy Policy

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

1. When you browse or visit our websites, https://applitools.com/ and/or https://preflight.com/ (“Websites”)
2. When you make use of, or interact with, our Websites
   1. When you request or book a demo
   2. When you send a “contact us” request or send us a message via the chat box
   3. When we process your job application
   4. When you create an account and login to our services
3. When you attend a marketing event or a webinar and/or exchange business cards or otherwise provide us with your Personal Data for marketing purposes
4. When we acquire your personal data from third-party sources 
5. When we use the Personal Data of our customers, service providers, resellers, distributors, agents and/or finders (e.g. contact details)

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 and your rights 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. Please note that this is a master privacy policy and some of its provisions only apply to individuals in certain jurisdictions. For example, the legal basis in the table below is only relevant for GDPR-protected individuals, individuals and the “Do Not Sell My Personal Information” mechanism(s) below are only relevant for CCPA-protected individuals. 

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. 

Table of Contents

1. What information we collect, why we collect it, and how it is used
2. How we protect and retain your Personal Data
3. How we share your Personal Data
4. Additional information regarding transfers of Personal Data
5. Your privacy rights. How to delete your account
6. Use by children
7. Interaction with third party products
8. Log files 
9. Analytic tools
10. Specific provisions applicable under California privacy law
11. Contact us

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 Websites or by other means.

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

1. When you browse or visit our Websites

When you visit our Websites, we collect information about you through cookies, analytic tools and log files. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you register with the Websites, a cookie helps us to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as addresses, username and so on. When you return to the Websites, the information you previously provided can be retrieved, so you can easily use the features that you customized.

For more information, please read our cookies policy https://applitools.com/cookie-policy/.
We also use Google Analytics to maintain and improve the Websites and our products. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Where we do not process this data, certain features of the Websites would not be available.

Our legal basis for collecting this information is consent and/or our legitimate interest (e.g. using essential cookies).

2. When you make use of, or interact with, our Websites 

When you request or book a demo, you will provide us with the following information: Full name, email address, phone number, company name and country. We use this information to contact and coordinate with you in order to provide you with the demo. Our legal basis for collecting this information are that processing is necessary in order to take steps at the request of the data subject prior to entering into a contract and/or our legitimate interest (e.g. to provide a demo). Where we do not to process this data, we would not be able to coordinate a time with or provide you with a demo. 

We also use your name and email details which you provide us with in order to send you marketing communications. Our legal basis for doing so is the consent you give us for the purpose of marketing communications and/or our legitimate interest. Where we do not process this information in this manner, we would not be able to send you marketing communications. 

When you send a “contact us” request or send us a message via the chat box, you will provide us with the following information: Full name, email address, phone number, company name and country as well as any information that you decide to provide us. We use this information in order to receive and respond to your request, provide you support and information about our services and customize your experience. Our legal basis for collecting this information are that processing is necessary in order to take steps at the request of the data subject prior to entering into a contract and/or our legitimate interest (e.g. to respond to your request).

We also use your name and email details which you provide us with in order to send you marketing communications. Our legal basis for doing so is the consent you give us for the purpose of marketing communications and/or our legitimate interest. Where we do not process this information in this manner, we would not be able to send you marketing communications. 

When we process your job application, you will provide us with the following information: Full name, email address, phone number, CV or LinkedIn link, and any additional information which you would like to share with us. We may also receive this information from potential job candidates who contact us through means other than through our Websites, or from third party sources. We collect this information to process your job application and to assess you as a candidate. Our legal basis for collecting this information are 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, and legitimate interest (e.g. to assess your suitability as a candidate). 

When you create an account and login to our services, you will provide us with the following information: Full name, email address, password, company and country (optional). We collect this information in order to allow you to create an administrator user and access our services. We also use this information in order to allow us to perform/execute the agreement, to manage your everyday business needs (i.e., website administration), to answer your requests for services and for related activates (e.g., account management support and to provide other related services), to producing general statistics and statistical information regarding use of our software in general. 

Our legal basis for collecting this information are that 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, and legitimate interest (e.g. to sign up). We share this information with third party platforms, such as Amazon Cognito. Where we do not process this data, you would not be able to create an account or access the services. We would also not be able to perform our obligations under our agreement with you, manage your everyday business needs, or answer respond to your requests for services and for related activities. 

We share information collected through the Websites with third party platforms, such as Microsoft Azure which is our hosting provider or Salesforce, our CRM. 

3. When you attend a marketing event, exchange business cards with us or otherwise provide us with Personal Data for marketing purposes

We collect the following types of Personal Data: Full name, e-mail address, phone number, company name, job title, country, and any other information you wish to share with us. We use this information to establish a business connection and to send you marketing communications. Our legal basis for collecting this information is depending the case the consent you give us for this purpose and/or legitimate interest (e.g. to provide you with more information about Applitools). We share this information with third party platforms, such as Marketo or LeanData and, occasionally, with our partners in the context of webinars. Where we do not process this data, we would not be able to establish a business connection with you, or send you marketing communications.

4. When we acquire your personal data from third-party sources

We may collect your contact details from third-party sources (e.g., from our partners following a webinar). We use this information in order to establish a first business connection and to send your marketing communications. Our legal basis for collecting this information is, depending on the context, our legitimate interest (B2B marketing), pre-contractual discussions or your consent.

5. When we use the Personal Data of our customers, service providers, resellers, distributors, agents and/or finders (e.g. contact details) 

We collect the following Personal Data from our customers, services providers, resellers, distributors, agents and/or finders: Full name, email address, phone number, company name, job title, country, and any other data said individuals choose to share with us. We collect this information in order to communicate with and perform the applicable agreement with our resellers, distributors, agents and/or finders. Our legal basis for collecting this information are that 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, and legitimate interest (e.g. contract related communications). We share this information with third party platforms, such as Salesforce (CRM) and Google drive (storage).Where we do not process this data, we would not be able to perform our agreements with or communicate with our resellers, distributors, agents and/or finders

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 and further use it for internal and external purposes, including, without limitation, to improve the services and for research purposes. “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). 

2. HOW WE PROTECT AND RETAIN YOUR PERSONAL DATA 

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.

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. We have an internal data retention policy to ensure that we do not retain your Personal Data perpetually. Regarding retention of cookies, you can read more in our cookie policy. 

3.  HOW WE SHARE YOUR PERSONAL DATA 

If you want to receive the full list of recipients of your personal information, please contact us at privacy@applitools.com.

In addition to the recipients described above, we may share your Personal Data as follows:

1. With our business partners with whom we jointly offer products or services. We may also share Personal Data with our affiliated companies. 
2. 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;
3. 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;
4. 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, including, in connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or to another company; and/or 
5. 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).

4. ADDITIONAL INFORMATION REGARDING TRANSFERS OF PERSONAL DATA 

1. Storage: Our Websites is hosted on Digital Ocean with servers located in the US.

2. Access from Israel: Access from Israel is covered by the European Commission’s Adequacy Decision regarding Israel. You can read more here: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en.

3. Internal transfers: Transfers within the Applitools group will be covered by an internal processing agreement entered into by members of the Applitools group (an intra-group agreement) which contractually obliges each member to ensure that Personal Data receives an adequate and consistent level of protection wherever it is transferred to. 

5. YOUR PRIVACY RIGHTS. HOW TO DELETE YOUR ACCOUNT

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 the GDPR):

• 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;
• 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;
• You have the right to object, to or to request restriction, of the processing;
• You have the right to data portability. This means that you may have the right to receive your Personal Data in a structured, commonly used and machine-readable format, and that you have the right to transmit that data to another controller;
• You have the right to object to profiling;
• You have the right to withdraw your consent at any time. Please note that there may be circumstances in which we are entitled to continue processing your data, in particular if the processing is required to meet our legal and regulatory obligations. Also, please  note that the withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal;
• You also have a right to request certain details of the basis on which your Personal Data is transferred outside the European Economic Area, but data transfer agreements and/or other details may need to be partially redacted for reasons of commercial confidentiality;
• You have a right to lodge a complaint with your local data protection supervisory authority (i.e., your place of habitual residence, place or work or place of alleged infringement) at any time or before the relevant institutions in your place of residence. We ask that you please attempt to resolve any issues with us before you contact your local supervisory authority and/or relevant institution.

2. The following rights (which may be subject to certain exemptions or derogations) shall apply to individuals protected by the CCPA:

• You have the right to know what Personal Information is being collected about you. This include the right to request that we disclose what Personal Information of yours  we collect, use, disclose, and sell;
• You have the right to request the erasure/deletion of your Personal Information (e.g. from our records and the records of our service providers). Please note that there may be circumstances in which we are required to retain your Personal Information, for example for the establishment, exercise or defense of legal claims;
• You have the right to know whether your Personal Information is sold or disclosed and to whom;
• You have the right to restriction of, or object to, processing of your Personal Information, including the right to opt in or opt out of sale of your Personal Information to third parties, if applicable, where such requests are permitted by law;
• You have the right not to receive discriminatory treatment for the exercise of the privacy rights conferred by the CCPA;
• You have a right to lodge a complaint with your local data protection supervisory authority (i.e., your place of habitual residence, place or work or place of alleged infringement) at any time or before the relevant institutions in your place of residence (e.g. the Attorney General in your State). We ask that you please attempt to resolve any issues with us before you contact your local supervisory authority and/or relevant institution.You have certain choices about your Personal Information. Where you have consented to the processing of your Personal Information, you may withdraw that consent at any time and prevent further processing by contacting us as described in this Privacy Policy. Even if you opt out, we may still collect and use non-Personal Information regarding your activities on our services and for other legal purposes as described above. While we cannot guarantee privacy perfection, we will address any requests to the best of our ability as soon as possible. We will process such requests in accordance with applicable laws.

3. 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 the Israeli privacy law):

• You have a right to access Personal Data held about you; and
• You have a right to amend or delete Personal Data.

4. You can exercise your rights by contacting us at privacy@applitools.com or, if you are an individual protected by CCPA, you can make your requests by email or via our toll-free telephone number: +1-650-680-1000.  You may use an authorized agent to submit a request on your behalf if you provide the authorized agent written permission signed by you. To protect your privacy, we may take steps to verify your identity before fulfilling your request. 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. Deleting your account: Should you ever decide to delete your account, you may do so by emailing privacy@applitools.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. 

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 (18), do not provide any Personal Data to us without involvement of a parent or a guardian. For the purposes of the GDPR, we do not intend to offer information society services directly to children. 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@applitools.com. 

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.

8. LOG FILES 

We use log files. The information inside the log files includes internet protocol (IP) addresses, type of browser, Internet Service Provider (ISP), date/time stamp, referring/exit pages, clicked pages and any other information your browser may send to us. We use such information to analyze trends, administer the Websites and track users’ movement around the Websites.

9. ANALYTIC TOOLS 

• Google Analytics. The Websites uses a tool called “Google Analytics” to collect information about use of the Websites. Google Analytics collects information such as how often users visit this Websites, what pages they visit when they do so, and what other websites they used prior to coming to this Websites. We use the information we get from Google Analytics to maintain and improve the Websites and our products. We do not combine the information collected through the use of Google Analytics with Personal Information we collect. Google’s ability to use and share information collected by Google Analytics about your visits to this Websites 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/. 

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

10. SPECIFIC PROVISIONS APPLICABLE UNDER CALIFORNIA PRIVACY LAW

1. This Privacy Policy for California Residents supplements and is expressly made part of the information contained in this Privacy Policy, and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this Privacy Policy to comply with the California Consumer Privacy Act of 2018 (“CCPA”). Any terms defined in the CCPA have the same meaning when used in this Privacy Policy.
2. Our California Do Not Track Notice (Shine the Light): Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers.  Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.
3. Deletion of Content from California Residents:  If you are a California resident under the age of 18 and a registered user, California Business and Professions Code Section 22581 permit you to remove content or Personal Information you have publicly posted.  If you wish to remove such content or Personal Information and you specify which content or Personal Information you wish to be removed, we will do so in accordance with applicable law.  Please be aware that after removal you may not be able to restore removed content. In addition, such removal does not ensure complete or comprehensive removal of the content or Personal Information you have posted and that there may be circumstances in which the law does not require us to enable removal of content.
4. Sale of Personal Information. Disclosure of Personal Information for business purposes. Financial incentives for collection of Personal Information: We do not sell any Personal Information and we do not disclose any Personal Information for any business purpose. Therefore, we have not sold or disclosed consumers’ Personal Information for a business purpose in the preceding 12 months. Also, we do not offer financial incentives for collection of Personal Information.
   
5. Your privacy rights: Please see Section 5 above.
6. Marketing emails – opt-out: You may choose not to receive marketing email of this type by sending a single email with the subject “BLOCK” to privacy@applitools.com. Please note that the email must come from the email account you wish to block.

7. Non-Discrimination. If you decide to exercise your rights, you will not receive any discriminatory treatment by us for the exercise of the privacy rights conferred by the CCPA. However, note that some features of our website, our products and/or our services will not function without your Personal Information. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your Personal Information’s value and contain written terms that describe the program.

11. 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@applitools.com. 

• Data controller: 

Applitools Ltd.

Shoham 5 St, 14^th floor

Ramat Gan, Israel

+97235245938