Applitools LTD.– PRIVACY POLICY

This Privacy Policy applies to Company’s Website at www.applitools.com/login and any sub sites thereof, and the Services provided thereunder, (the “Website“) and governs data collection and usage therein and in connection thereto. By using the Website and the Services, accessing, browsing, using the Content or otherwise submitting information to the Website, you acknowledge and consent to the collection and use of information by the Company subject to the terms set forth below and the TOU (as defined below).

All terms in capital letters not otherwise defined herein, shall have the meaning ascribed to them in the Company’s Terms of Use (the “TOU”) as published on the Website. This Privacy Policy is hereby attached by reference to the TOU, and serves as an integral part thereof.

Collection of Private Information/Data

Company may collect, receive and store any information, data and other details submitted, uploaded, posted, transmitted, communicated, shared or exchanged by you whether through your use of the application and or through your visits to the Website and such other third party sites and/or such communities accessible or operated through the Website (collectively “Private Information“). Private Information may include without limitation:

  • Your name, e-mail address, contact details, etc.;
  • Information in connection with the transactions you undertake;
  • Anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites;
  • Information in connection with your participation in any promotions or competitions offered by the Company;
  • Information you provide when giving the Company feedback, subscribing to the Website or any of its Services, completing forms, creating Accounts, or using any of the Services. This information  may include any personal information and/or identification information or other personally sensitive data;
  • Traffic patterns and site use, which may be used by Company to improve its Services;
  • Information about your computer hardware and software that is automatically collected by the Company. This information can include: Your IP address, browser type, domain names, access times and referring Website addresses.

Use of Private Information

The Company may monitor, retrieve, analyze, store and use any of the Private Information as follows:

  1. Producing general statistics and statistical information regarding use of the Software in general, campaign management through the Software, etc. Such statistical information will not include name, ID, address, or payment details or specific contents of campaigns managed through the Software or the Website.
  2. Conveying such statistic information to third parties according to Company’s discretion.
  3. Company may use the Private Information for the operation of the Software and also to detect and/or prevent fraud. Company may use such information for promotion purposes, such as to offer certain products or services of the Company or of others. The Company may also contact you via surveys for examination of current or potential services and/or functionalities of the Software and Website.
  4. Company may, from time to time, contact you, whether for itself or on behalf of third parties about a particular offering that may be of interest to you. The Company may contact you by post, e-mail, telephone or fax for these purposes but, except as otherwise provided herein, User’s unique personally identifiable information (e-mail, name, address, telephone number) shall not be transferred to such third parties. In addition, Company may share such unique personally identifiable information with third parties who are service providers for the Company bound by confidentiality undertaking. All such third parties are prohibited from using your personal information except in the scope they provide services to Company, and they are or shall be (as the case may be) required to maintain the confidentiality of your information.
  5. Company may monitor and keep track of the Website and your use of the Software in general, and of your visits on the Website, in order to ensure that your use of the Software and Website accords with the permitted uses under the TOU, to determine popularity of certain features, functionality of the Website and Software, and for other purposes, including commercial purposes such as delivering customized content and customized advertising material.
  6. User specifically authorizes Company to use their name, business name, contact information and logo in Company’s Website as well as in other marketing, promotional and general commercial activities.
  7. You are entitled to request in writing, anytime, that your information be deleted from any and all of Company’s data bases. You acknowledge, however, that such removal of your data may result in your inability to use all or some of the functions of the Software or of the Website, and you shall not have any claim against Company with respect to your inability to use the Software or the Website due to the foregoing.
  8. Company shall not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.
  9. Your identifying details shall be provided to third parties, in the following events: (1) the processing of payments, with respect to Services used by you to the extent applicable (2) Company is required to do so by law, or court order, injunction or decree (3) in case of dispute between Company and you (4) to verify yours  identity and prevent or detect fraud (5) upon yours consent.
  10. Company may keep your name, and contact information in its data base and use such details for the purpose of direct marketing either directly by Company or through third parties.

Other Web sites

Company’s Website may contain links to websites of third parties, which are outside the Company’s control and are not covered by this Privacy Policy. If you access other sites using the links provided on the Company’s Website, the operators of these sites may collect information from you which will be used by them in accordance with their own privacy policy that may differ from this one.

Use of Cookies

The Website uses “cookies” (whether of the Company or of third parties) to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server.

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 Company’s Website or services, a cookie helps Company 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 Website, the information you previously provided can be retrieved, so you can easily use the features that you customized.

You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Company’s Website you visit.

Security of your Personal Information

Company reasonably secures the personally identifiable information you provide from unauthorized access, use or disclosure, on computer servers in a controlled and secured environment, protected from unauthorized access, use or disclosure. However, you acknowledge that the Website, the Software and their information protection systems are not immune from any breaches or sabotage, and third party may make unlawful and harmful use of the Website and Software, including, but not limited to, uploading malicious files of any kind, viruses, worms, trojan horses and the such. You agrees that the Company shall not be liable in any way to any damage whatsoever that may result of any such third party behavior.

Changes to this Policy

Company may update this Privacy Policy from time to time, by placement of an updated policy in the Website, without giving any prior notice. The Privacy Policy published at any given time shall automatically replace the former Privacy policy and shall govern the relations between Company and you.

Limitation of Liability

IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONSULTANTS, AGENTS, REPRESENTATIVES, AFFILIATES AND ANYONE ON ITS BEHALF (“COMPANY’S ASSIGNEES“), BE LIABLE FOR ANY DAMAGE OR LOSS RESULTING FROM THE USE OF PERSONAL INFORMATION BY COMPANY OR ANY OF ITS ASSIGNEES OR THE BREACH BY COMPANY OR ANY OF ITS ASSIGNEES OF ANY OF THE UNDERTAKINGS HEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, COMPANY OR ANY OF ITS ASSIGNEES IS FOUND LIABLE FOR DAMAGES OF ANY KIND IN CONNECTION WITH THE PERSONAL INFORMATION AND/OR THIS PRIVACY POLICY, IN NO EVENT SHALL SUCH LIABILITY EXCEED A TOTAL OF $1,000.

Contact Information

Company welcomes your comments regarding this Privacy Policy. If you believe that Company has not adhered to this policy, please contact Applitools Ltd. 18 Hahashmal St. Tel Aviv, 65117 or by electronic mail at: info@applitools.com and we will use commercially reasonable efforts to attend your comment.

Miscellaneous

This Privacy Policy shall be governed exclusively by the internal substantive laws of the State of Israel, without respect to any conflict of laws principles. Any claim or dispute between you and Company that arises in whole or in part in connection with this Privacy Policy shall be decided exclusively by a court of competent jurisdiction located in Tel Aviv, Israel.

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