Privacy Policy

Our privacy policy describes Orbograph’s practices in connection with information that we collect through our website (from which you are accessing this privacy policy), as well as certain information we collect from offline sources, as explained in more detail below.

By providing personal data to us, you agree to the terms and conditions of this privacy policy.

This privacy policy is issued on behalf of Orbograph so when we mention "the Company" "we", "us" or "our" in this privacy policy we are referring to the relevant company in Orbograph responsible for processing your data.

Orbograph Ltd. and its subsidiaries and affiliates (details of which can be found on our website) are joint controllers under the GDPR and with the website provider, who is processing data under instructions from us, is responsible for this website.

You have the right to make a complaint about your personal data at any time to the relevant supervisory authority and this link will give you an overview of all national data protection authorities http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080.

We would, however, appreciate the chance to deal with your concerns before you approach the data protection authority, so please contact our Data Champion us in the first instance.

Our contact details are:

Orbograph Ltd.
Moti Kind 10
Rehovet, 7638519
Israel

Phone: +972 (8) 932-2257 Fax: +972 (8) 932-8857

Email: legal@Orbograph.com

Please also contact us if you have any queries or concerns about this privacy policy.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us. You can inform us of any changes by contacting us using the contact details provided in this policy.

Our website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy policies. When you leave our website, we encourage you to read the privacy policy of every website you visit.

We may collect and process the following personal data about you:

• Title, name, address (including billing and shipping addresses), telephone number, email address, date of birth and gender.
  Organization and job title or function.
• Profile data including username, password, purchases or orders, your interests, preferences, feedback and survey responses
• Marketing and communications data such as your preferences in receiving communications from us and our third parties and your communication preferences
• Information that you provide by filling in forms on our website.
  IP address and details of your visits to our website including, but not limited to, traffic data, location data, website logs and other communication data and the resources that you access.
  If you contact us, we may keep a record of that correspondence.
• IP Address: Your “IP Address” is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). An IP Address is identified and logged automatically in our server log files whenever a user visits the Website, along with the time and duration of the visit and the page(s) that were visited. Collecting IP Addresses is standard practice on the Internet and is done automatically by many websites. We use IP Addresses for purposes such as calculating website usage levels, helping diagnose server problems, and administering the website.
• Cookies – a cookie is a small file of letters and numbers that we put on your computer if you agree. These cookies allow us to distinguish you from other users of our website, and helps us provide a better browsing experience when you navigate our website. The cookies we use are "analytical" cookies. They allow us to recognize and count the number of visitors and to see how visitors are using our website, enabling improvements, for example, ensuring that users are finding the information they need. We use traffic log cookies to identify which pages are most popular on our website to help us analyze website page traffic. We only use this information for statistical analysis purposes, after which the data is removed from the system. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
• Information provided by you on message boards, chat, profile pages and blogs, and other services to which you are able to post information and materials. Please note that any information you post or disclose through these services will become public information and may be available to visitors to the website and to the public. We urge you to be very careful when deciding to disclose your personal data, or any other information, on the Website.

We also collect, use and share aggregated data such as statistical or demographic data for any purpose.

Aggregated data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your usage data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect aggregated data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data, which will be used in accordance with this privacy policy.

We use your personal data to understand your needs and provide better service. In particular, we use information held about you in the following ways:

• To enable internal record keeping.
• To ensure that content from our website is presented in the most effective manner for you and for your computer, including customizing our website according to your interests and preferences.
• To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes, including information about new products or special offers.
• To carry out our obligations arising from any contracts entered into between you and us.
• To allow you to participate in interactive features of our service, when you choose to do so.
• To send you important information regarding the website and changes to our terms, conditions, policies and/or other administrative information.
• To aid in market research; we may contact you by email, phone, fax or mail.
• If you are an existing customer, we may contact you by electronic means (e-mail or text/SMS) with information about goods and services similar to those, which were the subject of a previous sale to you.
• We will not sell, distribute or lease your personal data to third parties, unless we have your permission or are required by law to do so.
• We may use your personal data to send you promotional information about third parties, which we think you may find interesting, if you tell us that you wish this to happen.

We may also use your personal data in the following circumstances:

• Where we need to perform the contract we are about to enter into or have entered into with you.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal or regulatory obligation.

We may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. The table provided under the heading “legal basis” gives you more information. Please contact us if you need details about the specific legal ground we are relying on.

Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time.

We may disclose your personal data, as we believe to be necessary or appropriate:

1. under applicable law, including laws outside your country of residence;
2. to comply with legal process;
3. to respond to requests from public and government authorities, including public and government authorities outside your country of residence;
4. to enforce our terms and conditions;
5. to protect our operations or those of any of our affiliates;
6. to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and
7. to allow us to pursue available remedies or limit the damages that we may sustain.

We may disclose your personal data to:

• Other companies in the Orbograph Group (acting as joint controllers or processors).
• Third-party service providers acting as processors who provide services such as website hosting, data analysis, payment processing, order fulfilment, infrastructure provision, IT services, customer service, email delivery services, payment card processing, auditing services and other similar services to enable them to provide services.
• Business partners - if you choose to purchase products and services from us that include or require products and services of our business partners (such as integration services), to enable them to provide the applicable products and services.
• Website email recipients - to identify you to anyone to whom you send messages through the website.
• Third-party distributors/agents that we ask to follow-up on requests from you.
• Other third party - in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).
• Professional advisers [acting as processors or joint controllers] including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
• Regulators and other authorities who require reporting of processing activities in certain circumstances.

Our third-party service providers and we may collect “other information” (which is information, that does not disclose your identity) in a variety of ways, including:

• Through your browser: Certain information is collected by most browsers, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system version and Internet browser type and version. We use this information to help ensure that our website functions properly.
• Usage data: We may use statistical data, analytics, trends and usage information derived from your use of services (“usage data”) through pixel tags and other similar technologies. Usage data includes, for example, aggregated quantitative information about active users, activity, topics, and groups.
• Aggregated data: Aggregated data does not personally identify you or any other user of the website. For example, we may use aggregated data to calculate the percentage of our users who have a particular telephone area code.

Please note that we may use and disclose other information for any purpose, except where we are required to do otherwise under applicable law.

In some instances, we may combine other information with personal data (such as combining your name with your geographical location). If we combine any other information with personal data, the combined information will be treated by us as personal data as long as it is combined.

We use the services of reputable third parties to provide us with data collection, reporting, ad response measurement, and website site analytics, as well as to assist with the delivery of relevant marketing messages and advertisements.

We use reasonable organizational, technical and administrative measures to protect personal data under our control. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know it. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach. We will notify you and, any applicable regulator, of a breach where we are legally required to do so.

No data transmission over the Internet or data storage system is absolutely guaranteed. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem.

Please note that email communications are not always secure, so please do not include financial or sensitive information in your emails to us.

We give you many choices regarding our use and disclosure of your data for marketing purposes. You may opt-out from:

• Receiving electronic communications from us: if you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt-out by following the instructions contained in the email or by contacting us.
• Our sharing of your personal data with affiliates for their marketing purposes: if you would prefer that we do not share your personal data with our affiliates for their marketing purposes, you may opt-out of this sharing by contacting us.
• Our sharing of your personal data with unaffiliated third parties for their marketing purposes: if you would prefer that we do not share your personal data with unaffiliated third parties for their marketing purposes, you may opt-out of this sharing by contacting us.

We will try to comply with your request(s) as soon as reasonably practicable. Please also note that if you do opt-out of receiving marketing-related messages from us, we may still send you important administrative messages, and you cannot opt-out from receiving administrative messages.

We will retain your personal data for the period necessary to fulfil the purposes outlined in this privacy policy, unless a longer retention period is required or allowed by law.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, within applicable legal requirements.

We share your personal data within the Orbograph Group. This involves transferring your data outside the European Economic Area (EEA). We ensure your personal details are protected by requiring all our group companies to follow the same rules when processing your personal data under the GDPR. These rules are contained within an Intragroup Agreement.

Many of our external third parties are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring that at least one of the following safeguards is:

• We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
• Where we use certain service providers, we may use specific contracts approved by the European Commission, which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
• Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield, which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

We ask that you not send us, and you not disclose, any sensitive personal data (e.g., information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership) on or through the website.

In the course of providing goods and services to our customers, Orbograph may receive information in the form of text, sound, software or image files from our customers and distributors about their own customers (“Customer Information”).

Orbograph makes no claim of ownership to Customer Information, which may include personal data. Our customers may collect personal data, and at their request, we may host that data as part of service offerings on our platform.

Orbograph acts only in accordance with our customers’ or distributors’/agents’ instructions and applicable law with respect to such information, and its collection, use and disclosure is governed by the privacy policy and practices of the customer or distributor concerned and not by this privacy policy.

You should review the customer’s privacy policy or contact the customer directly to understand how they will use the data you submit to them.

We may update this privacy policy from time to time. Any changes to this privacy policy will become effective when we post the revised privacy policy on our website. Your use of the websites following these changes means that you accept the revised privacy policy.

If you are a “data subject” under the GDPR, you have rights in relation to your personal data.

You have the right to:

• Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons, which will be notified to you, if applicable, at the time of your request.
• Object to processing of your personal data. This is only exercisable where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation, which makes you want to object to processing on this ground as you feel it affects your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information, which override your rights and freedoms.
• Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
• Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
• Withdraw consent. Where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us.

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We will try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

The following table sets out the legal basis on which we may collect, use and retain your personal data.

The terms referred to in the table having the following meanings:

• Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by Contacting us
• Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
• Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

Controller:  the person or organization that determines when, why and how to process Personal Data. It is responsible for establishing practices and policies in line with the GDPR. We are the Data Controller of all Personal Data relating to our Company Personnel and Personal Data used in our business for our own commercial purposes.

Data subject:  a living, identified or identifiable individual about whom we hold Personal Data. Data Subjects may be nationals or residents of any country and may have legal rights regarding their Personal Data.

General Data Protection Regulation (GDPR):  the General Data Protection Regulation ((EU) 2016/679). Personal Data is subject to the legal safeguards specified in the GDPR.

Personal data:  under the GDPR this is any information identifying a Data Subject or information relating to a Data Subject that we can identify (directly or indirectly) from that data alone or in combination with other identifiers we possess or can reasonably access. Personal Data includes Sensitive Personal Data and Pseudonymized Personal Data but excludes anonymous data or data that has had the identity of an individual permanently removed.

Personal data breach:  any act or omission that compromises the security, confidentiality, integrity or availability of Personal Data or the physical, technical, administrative or organizational safeguards that we or our third-party service providers put in place to protect it. The loss, or unauthorized access, disclosure or acquisition, of Personal Data is a Personal Data Breach.

Privacy Notices (also referred to as Fair Processing Notices) or Privacy Policies:  separate notices setting out information that may be provided to Data Subjects when the Company collects information about them. These notices may take the form of general privacy statements applicable to a specific group of individuals (for example, employee privacy notices or the website privacy policy) or they may be stand-alone, one-time privacy statements covering Processing related to a specific purpose.

Processing or process:  any activity that involves the use of Personal Data. It includes obtaining, recording or holding the data, or carrying out any operation or set of operations on the data including organising, amending, retrieving, using, disclosing, erasing or destroying it. Processing also includes transmitting or transferring Personal Data to third parties.

Pseudonymization or pseudonymized:  replacing information that directly or indirectly identifies an individual with one or more artificial identifiers or pseudonyms so that the person, to whom the data relates, cannot be identified without the use of additional information, which is meant to be kept separately and secure.

Sensitive personal Data: information revealing racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health conditions, sexual life, sexual orientation, biometric or genetic data, and Personal Data relating to criminal offences and convictions.