Privacy Policy

Last Modified: February 2024

This Privacy Policy (“Privacy Policy”) governs the processing and transfer of personal data collected or processed by Amphi Adtec Ltd. (Collectively with its affiliates and subsidiaries shall be referred to as “Company”, “we”, “us” or “our”) which operate this website available at https://www.amphy.com/ and the Amphy marketplace (collectively with all its domains and subdomains “website” and “Amphy” or “Platform” and collectively “services”). This Privacy Policy provides details regarding our privacy practices, governing the collection and use of any Visitor of our website as well as any Member of Amphy (collectively “you” or “your”).

This Privacy Policy is an integral part of Amphy’s Terms of Use (“Terms”). Capitalizes terms used but not defined herein shall have their respective meaning in the Terms.

This Privacy Policy explains what data we may collect from you, how such data may be used or shared with others, how we safeguard it and how you may exercise your rights related to your Personal Data (as defined below), as required under applicable privacy regulation, including (where applicable) the EU General Data Protection Regulation (“GDPR”).

If you have any questions regarding this Privacy Policy or our data practices, you are welcome to contact us at: [email protected].

You are not required by law to provide us with any Personal Data. However, please note that some of our services and website features require the processing of certain Personal Data and without such data we may not be able to provide you with all or part of such services and features.

A. POLICY AMENDMENTS

We reserve the right to amend this Policy from time to time, at our sole discretion. The most recent version of the Policy will always be posted on the website. The updated date of the Policy will be reflected in the “Last Modified” heading. Any amendments to the Policy will become effective immediately, unless we notify you otherwise. If we materially change the way in which we process your previously collected personal data, we will provide you with prior notice, or where legally required, request your consent prior to implementing such changes. We strongly encourage you to review this Policy periodically to ensure that you understand our most updated privacy practices.

B. CONTACT INFORMATION AND DATA CONTROLLER INFORMATION

Amphi Adtec Ltd. (Collectively with its affiliates and subsidiaries) is the Data Controller (as such term is defined under the GDPR or equivalent privacy legislation) of your Personal Data of the Personal Data collected from you as a Visitor or Member.

You may contact us as follows:

Amphy Adtec Ltd.

105 Allenby St.,

Tel Aviv, Israel

[email protected]

C. DATA SETS WE COLLECT AND FOR WHAT PURPOSE

Non-Personal Data

During your interaction with the services, we may collect aggregated, non-personal non-identifiable information (“Non-Personal Data “). We are not aware of the identity of the user from which the Non-Personal Data is collected. We collect Non-Personal Data regarding your use of the services, such as the scope, frequency, latency, pages accessed and viewed, time and date stamp, interactions with content and materials displayed through our website, language preference, and other technical information regarding the device used to access the website, for example type of device, type of browser, operating system, etc. Non-Personal Data may be used by us without limitation and for any purpose, including the improvement and development of our services.

We may sometimes process and anonymize or aggregate Personal Data and identifiable information in a manner that shall create a new set of data that will be Non-Personal Data. Such a new data set can no longer be associated with any identified natural person.

If we combine Personal Data with Non-Personal Data, the combined information will be treated as Personal Data or for as long as it remains combined.

Personal Data

We may also collect from you, directly or indirectly, during your access or interaction with the services, individually identifiable information, namely information that identifies an individual or may, with reasonable effort, be used to identify an individual (“Personal Data”). The types of Personal Data that we collect as well as the purpose for processing and the lawfulness are specified in the table below.

On our website and as part of the services, we do not knowingly and intentionally collect or process any Personal Data constituting or revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, data concerning a person’s health or data concerning a person’s sex life or sexual orientation (“Special Categories of Personal Data”).

The table below details the processing of Personal Data, the purpose, lawful basis, and processing operations:

4. Information we may collect from you

Please note that the actual processing operation per each purpose of use and lawful basis detailed in the table above may differ. Such processing operation usually includes a set of operations made by automated means, such as collection, storage, use, disclosure by transmission, erasure, or destruction. The transfer of personal data to third-party countries, as further detailed in the Data Transfer Section, is based on the same lawful basis as stipulated in the table above.

In addition, we may use certain Personal Data to prevent potentially prohibited or illegal activities, fraud, misappropriation, infringements, identity thefts, and any other misuse of the services and to enforce the Terms, as well as to protect the security or integrity of our databases and the services, and to take precautions against legal liability. Such processing is based on our legitimate interests.

D. HOW WE COLLECT YOUR INFORMATION:

Depending on the nature of your interaction with us, we may collect the above detailed information from you, as follows:

* Provided by you or about you voluntarily – we will collect information if and when you choose to provide us with the information, such as contact us form, etc. all as detailed in this Privacy Policy.

* Automatically – e.g., we may use cookies (as elaborated in the section below) or similar tracking technologies (such as pixels, tags, agent, etc.), whether generally on the website or specifically in the Platform, to gather some information automatically.

* Provided from third parties – where permitted under applicable law and provided with your consent for cookie usage, we may enrich the Personal Data collected about you with data provided by third parties.

E. Cookies

When you access or use the website, we use “cookies” or similar tracking technologies, which store certain information on your device (i.e., locally stored). The use of cookies is a standard industry-wide practice. A “cookie” is a small piece of information that a website assigns and stores on your computer while you are viewing a website. Cookies are used by us for various purposes, including allowing you to navigate between pages efficiently, as well as for statistical purposes, analytic purposes and advertising. You can find more information about our use of cookies here: www.allaboutcookies.org.

There are several types of cookies, including without limitation:

Essential, Functionality, Operation & Security Cookies. These cookies are essential for enabling Visitor movement around the website, for the website to function properly, and for security purposes (i.e., used to authenticate Visitors, prevent fraudulent use, and protect Visitor data from unauthorized parties). This category of cookies either cannot be disabled, or if disabled, certain features of the website may not work.

Analytic, Measurement & Performance Cookies. These cookies are used to collect information about how Visitors use our website, in order to improve our website, content, and the way we offer them, as well as assess performance of the content and marketing campaigns. These cookies enable us, for example, to assess the number of Visitors who have viewed a certain page as well as their country of origin. It enables our website to remember information that changes the way it behaves or looks, such as your preferred language.

Preference, Targeting & Advertising Cookies. These cookies are used to advertise across the internet and to display relevant ads tailored to Visitors based on the parts of the website they have visited (e.g., the cookie will indicate you have visited a certain webpage and will show you ads relating to that webpage).

You may find more information about the cookies we use as well as opt-out of cookies or change your preferences at any time by using the cookies setting tool available in relevant services.

Where we use third-party advertising cookies, such third-party may independently collect, through the use of such tracking technologies, some or all types of Personal Data detailed above, as well as additional data sets, including to combine such information with other information they have independently collected relating to your online activities across their network of websites, for the purpose of enhanced targeting functionality and delivering personalized ads, as well as providing aggregated analytics related to the performance of our advertising campaign you interacted with. These third parties collect and use this information under their own privacy policies, and we are not responsible for their privacy practices.

F. OPT OUT OPTIONS

Interest-Based Advertising (“IBA“): We do not sell your Personal Data. Our websites may include providing you with advertisements therefore we may “share” your Personal Data with third parties for personalized advertising purposes. If you wish to opt out from the sharing of your personal data with third parties for the purpose of cross-contextual interest-based advertising there are many ways to do so, as further detailed below. Please note that even if you opt-out you may still see personalized ads based on information other companies and ad networks have collected about you, if you have not opted out of sharing with them.

For IBA opt out options on desktop and mobile websites, please visit:

Digital Advertising Alliance (US) https://www.aboutads.info/choices/
Digital Advertising Alliance (Canada) https://youradchoices.ca/en/tools
Digital Advertising Alliance (EU) https://www.youronlinechoices.com/
Network Advertising Initiative https://optout.networkadvertising.org/?c=1

Additional information on opt-out rights and means is available through the designated cookie bar in our website.

G. DATA SHARING – CATEGORIES OF RECIPIENTS WE SHARE PERSONAL DATA WITH

We share your data with third parties, including our partners or service providers that help us operate and make the most of the services. You can find here information about the categories of such third-party recipients.

When we share information with service providers and partners, we ensure they only have access to such information that is strictly necessary for us to operate the services. These parties are required to secure the data they receive and to use the data for pre-agreed purposes only while ensuring compliance with all applicable data protection regulations (such service providers may use other non-personal data for their own benefit).

H. DATA RETENTION

In general, we retain the Personal Data we collect for as long as it remains necessary for the purposes set forth above, all under the applicable regulation, or until you express your preference to optout, where applicable. Member data will be kept as a minimum until the termination of the Member Account, and even further, in accordance with our legitimate interest (e.g., internal record keeping) or legal obligations (e.g., bookkeeping obligation regarding payments and transactional data).

Other circumstances in which we will retain your Personal Information for longer periods of time include: (i) where we are required to do so in accordance with legal requirements, or (ii) for us to have an accurate record of your interaction with us in the event of any inquiries or contact requests, or (iii) if we reasonably believe there is a prospect of litigation relating to your Personal Data. Please note that except as required by applicable law, we will not be obligated to retain your data for a particular period, and we may delete it for any reason and at any time, without providing you with prior notice of our intention to do so.

I. SECURITY MEASURES

We take great care in implementing physical, technical, and administrative security measures for the services that we believe comply with applicable regulation and industry standards to prevent your information from being accessed without the proper authorization, improperly used or disclosed, unlawfully destructed, or accidentally lost.

If you feel that your privacy was not dealt with properly or was dealt with in a way that was in breach of our Privacy Policy or if you become aware of a third party’s attempt to gain unauthorized access to any of your Personal Data, please contact us at our email. We will make a reasonable effort to notify you and the appropriate authorities (if required by applicable law) if we discover a security incident related to your Personal Data.

J. INTERNATIONAL DATA TRANSFER

Due to our global business operation, we may store or process your Personal Data in several territories, including, for example in Israel, the UK, EU, Canada, US, Vietnam or in other countries (whether directly or through the use of our vendors). Thus, your Personal Data may be transferred to and processed in countries other than the country from which you accessed our websites or otherwise the country of your jurisdiction. We will take appropriate measures to ensure that your Personal Data receives an adequate level of data protection upon its transfer in accordance with applicable law.

Further, when Personal Data collected within the EU is transferred outside the EU (and not to a recipient in a country that the European Commission has decided provides adequate protection) it shall be transferred under the provisions of the standard contractual clauses approved by the European Union or other lawful mechanism per the fifth chapter of the GDPR. If you would like to understand more about these arrangements and your rights in connection therewith, please contact us at our email.

In addition, some of the third parties used for cookies management on our website, may store and process data globally, including in the US (e.g., Google Analytics servers). When granting consent for such cookies through the cookies tool on the website, you hereby acknowledge and approve such cross-border transfer, in accordance with such third party’s privacy practices.

K. YOUR RIGHTS

Applicable privacy laws may grant you certain rights with regards to your Personal Data, all according to your jurisdiction. The rights may include one or all of the following: (i) request to amend your Personal Data we store accessing; (ii) review and access your Personal Data that we hold; (iii) request to delete your Personal Data that we hold (as long as we do not have a legitimate reason for retaining the data); (iv) restrict or object to the process your Personal Data; (v) exercise your right of data portability (vi) contact to a supervisory authority in your jurisdiction and file a complaint; and (vii) withdraw your consent (to the extent applicable).

If you wish to submit a request to exercise your rights, please contact us through the means of communication detailed above.

When you contact us and request to exercise your rights regarding your Personal Data, we will require certain information from you in order to verify your identity and locate your data and that the process of locating and deleting the data may take reasonable time and effort, as required or permitted under applicable law. Data privacy and related laws in your jurisdiction may provide you with different or additional rights related to the data we collect from you, which may also apply.

You have the right to lodge a complaint with the competent authorities, including EU Member State supervisory authorities, if you are not satisfied with the way in which we handled the complaint.

L. ‍THIRD PARTY WEBSITES

Our Privacy Policy only addresses the use and disclosure of Personal Data we collect from you. To the extent that you disclose your Personal Data to other parties via the services (e.g., by clicking on a link to any other website or location), different rules may apply to their use or disclosure of the Personal Data you disclose to them, and this Privacy Policy does not apply to any such third-party products and services. You agree that we shall have no liability whatsoever with respect to such third-party sites and your usage of them.

M. ELIGIBILITY AND CHILDREN PRIVACY:

The website is not intended for use by minors, unless supervised and operated by and through their legal guardians as detailed in the Terms. We do not knowingly process children’s information. We will discard any information we receive from a user that is considered a “child” immediately upon discovering that such a user shared information with us. Please contact us immediately if you have reason to believe that a child has unlawfully shared any information with us.

15. Data Subjects' rights under EU data protection laws and the CCPA

Under EU law, EU residents and individuals, have certain rights to apply to us to provide information or make amendments to how we process data relating them. Similarly, under the California Consumer Privacy Act (“CCPA”), California residents have similar rights. Those rights might include:

right to access your Personal Data – you can ask us to confirm whether or not we have and use your Personal Data, and if so, you can ask for a copy of your data;
right to correct your Personal Data – you can ask us to correct any of your Personal Data which is incorrect, after verifying the accuracy of the data first;
right to erase your Personal Data – you can ask us to erase your Personal Data if you think we no longer need to use it for the purpose we collected it from you. you can also ask for such erasure in any case in which the process of your data was based on your consent, or where we have used it unlawfully or where we are subjsect to a legal obligation to erase your Personal Data. any request for such erasure will be subject to our obligations under the law (g. our obligation to keep some records for tax or customs purposes);
right to restrict our use in your Personal Data – you can ask us to restrict our use of your Personal Data in certain circumstances;
right to object to how we use your Personal Data – you can object to any use of your Personal Data which we have justified by our legitimate interest if you believe your fundamental rights and freedoms to data protection outweigh our legitimate interest in using the information;
you can always require us to refrain from using your data for direct marketing purposes;
you can ask us to transfer your information to another organization and/or provide you with a copy of your Personal Data (Portability Right);
You have the right to lodge a complaint at any time before the relevant supervisory authority for data protection issues. however, we will appreciate the chance to deal with your concerns before you approach the authorities, so please feel free to contact us in the first instance.

We may not always be able to do what you have asked. In addition, not all of those rights apply in every jurisdiction. For example, if it would impact the duty of confidentiality we owe to others, or if we are otherwise legally entitled to deal with the request in a different way. In addition, the Portability Right doesn’t apply under the CCPA. So not always we will be able or obliged to provide you with those rights. However, we encourage you to contact us with any such request, and we will be happy to assist you.

16. Special Notification for California Residents

We do not sell your personal information for the intents and purposes of the CCPA. We can use your personal data for our purposes, but only as described above or after the anonymization of such data, including aggregate data which can no longer associated to you.

17. Changes to this Privacy Statement

We reserve the right to change this statement from time to time at our sole discretion. If we make any changes, we will post those changes here so that you can see what information we gather, how we might use that information and in what circumstances we may disclose it. By continuing to use our site or our services or otherwise provide data after we post any such changes, you accept and agree to this statement as modified.

Effective as from May 2020