Last updated: September 2022
Our Services and/or Website may be connected to other third party's sites and/or services. We are not responsible in any way for the privacy practices on other third parties sites and/or services and suggest that you review the privacy policies of those third parties before using them.
Any information stored and/or obtained by us in connection with our Services is treated as confidential. All information is stored securely and is accessed by authorized personnel only. We implement and maintain appropriate technical, security and organizational measures to protect Personal Data (as defined below) against unauthorized or unlawful processing and use, and against accidental loss, destruction, damage, theft or disclosure.
2. Website; Visitors and Users
The following sections cover the specifics of each of the following groups from which Personal Data is collected: Website's visitors ("Visitors") and/or users ("Users") and/or business partners (e.g., affiliates, advertisers, publishers, advertising agencies and/or platforms, etc.) of our Services (collectively "Partners"). For the purposes of this Policy, Personal Data shall mean and may comprise: IP address, first and last name, postal and/or email address, telephone number, interest in products and services, leads information, as well as information as to the type of relationship that exists between us and Visitors, Users and/or Partners that shall have the meaning ascribed to such terms in the applicable data protection regulation and/or the law.
2.2. Collection and Use
2.3. Purpose of Processing Personal Data
We shall not process Personal Data unless there is a legal basis for such processing.
The following list outlines the purposes for which We may process Personal Data about you and the legal basis for any such processing:
In order to register as an account holder to the Services
We will process your Personal Data in order to allow you to register and open an account.
In order to allow us to provide you with as well as to use our Services
Whenever you or our Partners request to use our Services, we will process the Personal Information required for us to perform such requests.
In order to contact you for the purpose of operational requirements
In some circumstances, we will contact you in order to update you in respect of certain operational matters; for instance, where a certain aspect of our Services is changing. In these circumstances, we will need to use Personal Data about you accordingly.
In order to respond to your queries, requests and/or complaints, and to provide support services
Processing of Personal Data about you is required in order to respond to queries concerning our Services, and in general to provide support services.
In order to provide you with tailor-made Services, advertising and marketing materials
In order to enhance and improve your user experience and/or the use of our Services, and in order to offer you with additional and new offers, products and services (whether of ours or of third parties, including our Partners), we process Personal Data about you in order to adjust the materials presented to you according to your preferences, behavior, characteristics and interests; these materials can be ours or of third parties (including our Partners). For this purpose, we use Personal Data automated analysis techniques, including profiling.
In order to improve our Services, as well as to offer new ones
We may use Personal Data about you in order to improve our Services, as well as for the purpose of offering new ones; such processing will include, inter alia, an analysis of previous uses by you of our Services, any comments and complaints received in respect of our Services, as well as any errors and malfunctions.
In order to send you advertising and marketing materials
Inasmuch as you agree to receive advertising and marketing materials from us, we will send you, via the means of communication you consented to, advertising and marketing materials relating to our Services, whether in existence now or in the future, whether similar to our Services and whether different ones and/or products and services of third parties (including our Partners' services). It is hereby clarified that if you withdraw your consent by contacting us, it will not necessarily cause the deletion of your details held by third parties (including our Partners).
In order to analyze the effectiveness of any marketing and advertising campaigns
In order to perform and maintain various activities supporting the offering and provision of our Services
Such activities include back-office functions, business development activities, technical functionality and security, strategic decision-making, oversight mechanisms, etc.
In order to perform analysis, including statistical analysis
We use various analytical measures (including statistical ones) in order to make decisions in various issues, including improving existing products and services and introducing and developing new ones.
In order to protect our and third parties (including our Partners) interests, rights and assets, including initiation or exercise or defense of legal claims
We may process Personal Data about you in order to protect the interests, rights and assets of ours and of third parties (including our Partners), according to any law, regulation and agreement, including any of our terms and conditions and policies.
2.4. Sharing Personal Data
We may also share such information with service vendors, Partners and/or contractors in order to provide a requested service or transaction or in order to analyze the Visitor's and/or User's behavior on the Website and/or Partners' websites.
For Visitor and/or User with accounts located in the European Data Region, all processing of Personal Data is performed in accordance with privacy rights and regulations following in accordance with the GDPR (as defined below) and/or the applicable Data Protection Laws and Regulations (as defined below).
Personal Data about you may be transferred to a third country (i.e., jurisdictions outside the European Economic Area ("EEA")) or to international organizations. In such circumstances, we shall take appropriate reasonable efforts to safeguard aimed to ensure the protection of Personal Data about you and provide that enforceable data subjects' rights and effective legal remedies for data subjects are available.
These safeguards and protection will be available if any of the following are met:
(a) The transfer is to a third country or an international organization which the EU Commission decided that they provide an adequate level of protection to the Personal Data that is transferred to them pursuant to Article 45(3) of the GDPR (as defined below);
(b) The transfer is according to a legally binding and enforceable instrument between public authorities or bodies pursuant to Article 46(2)(a) of the GDPR (as defined below); or
(c) The transfer is in accordance with standard data protection clauses adopted by the EU Commission pursuant to Article 46(2)(c) of the GDPR (as defined below).
You may request us to be provided with details concerning the safeguards employed by us to protect the Personal Data about you which is transferred to a third country or an international organization, by sending an email to the email address below.
In order to provide our Services and to corporate with our Partners, we may collect or obtain certain types of data from them. Partners may upload, transmit, import, post or process anonymized data about their users, visitors and/or customers ("Data"). During a Partner's use of our Services, it may provide us with its and/or its users', visitors' and/or customers' information via API and/or other electronic and digital means. Partner will not use, and will not assist or knowingly permit any third party to, (i) use the Services to collect or store personally identifiable information (information that may identify an individual); (ii) pass personally identifiable information data to us that could use or recognize as personally identifiable information of its customers. This information is used by us to identify the Partner and/or its users, visitors and/or customers and provide our Services, support, mailings, sales and marketing actions, billing (if required or applicable) and to meet our contractual obligations with the relevant Partner. In addition, we will only have access to information related to the Partner's users, visitors and/or customers after it has been pseudonymized by the Partner, unless otherwise required and authorized by such users', visitors' and/or customers' explicit consent, or by the law and/or legal authority.
Partner acknowledges that: (i) the Service does not operate as an archive or file storage service and we do not obligate to store or backup the Data that Partner upload, import or post to us, or otherwise generate during its use of the Service; (ii) it is solely responsible for the backup of the Data; and (iii) it will lose access to any Data that have been deleted according to our sole discretion or as required by the law and/or any legal authority.
Partner understands and acknowledges that the Internet and communications over it may not be secure, and that connecting to it provides the opportunity for unauthorized access to computer systems, networks, and all data stored therein. The information and data transmitted through the Internet (including, without limitation, the Data) or stored on any equipment through which Internet information is transmitted may not remain confidential and we make no representation or warranty regarding privacy, security, authenticity, non-corruption or destruction of any such information. Use of any information transmitted or obtained over the Internet is at the Partner's own risk and we shall not be responsible for any adverse consequence or loss whatsoever from the use of the Internet.
3.2. Processing of Personal Data
We rely on the Partner's consent to process Personal and/or on Partner's representations and statements that such Partner has obtained the required consent from its users, visitors and/or customers. On other occasions, we may process Personal Data when it needs to do this to fulfill a contractual obligation with you as a Partner or where it is required to do so by law.
We may also process Personal Data when it is in our or our Partners' legitimate interests to do so and when these interests are not overridden by the individual's data protection rights (which may vary based on an individual's jurisdiction).
Partner acknowledges and agrees that the Data which will be provided to us may contain personally identifying information or personal data, as defined by the applicable laws which govern the use of data relating to identified or identifiable natural persons residing in the EU and/or the state of California in the United States, including the laws of the European Union ("EU") Data Protection Act 1998, the EU General Data Protection Regulation ("GDPR"), and the California Consumer Protection Act effective as of January 1, 2020, as each of these laws is amended or replaced from time to time, and any other foreign or domestic laws to the extent that they are applicable to the personally identifiable or personal data you upload, transmit, post or process while using the Service ("Data Protection Laws and Regulations").
Partner hereby grants us a non-exclusive right and license to receive, retrieve, access, use, reproduce, display, copy, transmit, process and store (collectively, "Process") the Data in order to provide the Services. We may redact, anonymize, and/or aggregate the Data with content and data from our other Partners or as collected by us pursuant to this Policy ("Data Aggregations") for purposes including, without limitation, product and service development and commercialization and quality improvement initiatives. We will redact or anonymize Data in such a way as to not divulge any Confidential Information (as defined below) or personally identifying information. All Data Aggregations will be the sole and exclusive property of us.
Partner represents and warrants that: (i) it have lawfully obtained any personally identifying information or Personal data pursuant to any and all applicable and relevant Data Protection Laws and Regulations; (ii) it have appropriately disclosed to users, visitors and/or customers how personally identifiable information or personal data will be used, processed, stored and/or shared pursuant to any and all applicable and relevant Data Protection Laws and Regulations; (iii) it is responsible for honoring any requests from users, visitors and/or customers relating to the collection, use and storage of personally identifiable information or personal data as required by any and all relevant Data Protection Laws and Regulations; (iv) it owns or have acquired the right to all of the intellectual property rights subsisting in the Data, and have the right to provide us the license granted herein to the Data; and (ii) the Data does not infringe or violate any patents, copyrights, trademarks or other intellectual property, proprietary or privacy rights of any third party. Partner shall remain solely responsible and liable for the Data, including without limitation for our use of and reliance upon such Data, and expressly release us from any and all liability arising from any such activities.
We may process Personal Data both as a Processor and/or as a Controller, as defined in the GDPR and/or the Data Protection Laws and Regulation:
- For Visitor's and/or User's data, provided by the Visitor and/or User to us, we will be the Controller in accordance with the GDPR and/or the Data Protection Laws and Regulations.
- For Partner's data and/or Partner's and its users', visitors' and/or customers' data, provided by the Partner to us, we will be the Processor in accordance with the GDPR and/or the Data Protection Laws and Regulations.
All data collected by us will be stored in secure hosting facilities. All hosting is performed in accordance with the highest security regulations. We contract with such hosting providers ensures that all hosting is performed in accordance with the highest security regulations.
We have adopted reasonable physical, technical and organizational safeguards against accidental, unauthorized or unlawful destruction, loss, alteration, disclosure, access, use or processing of the Partner's data and/or Partner's data and/or the Personal Data in our possession. We will promptly notify Partner in the event of any known unauthorized access to, or use of, the Partner's data and/or Partner's and its users', visitors' and/or customers' data and/or the Personal Data.
3.4. Third-Party Data Protection.
To the extent that the use of the Services (where applicable) requires Partner to process its users', visitors' and/or customers' Personal Data, as part of its use of any third-party's platform, for the purposes of the GDPR and/or the Data Protection Laws and Regulations, such platform will be the Controller and Partner will act as a Processor and will:
(a) comply with, and only act on, instructions from and on behalf of the third-party platform regarding the processing of that Personal Data;
(b) not process that Personal Data for any purposes other than the Services;
(c) ensure that appropriate technical and organizational measures are taken to avoid unauthorized or unlawful processing of that Personal Data and against loss or destruction of, or damage to, that Personal Data;
(d) ensure the reliability of all of the personnel who have, and will have, access to that Personal Data;
(e) not, by any act or omission, place the third-party platform and/or us in breach of the Data Protection Laws;
(f) inform the third-party platform and/or us immediately of any suspected or confirmed data protection breaches or unauthorized or unlawful processing, loss, or destruction of, or damage to, that Personal Data;
(g) not subcontract to any third party any of Partner's obligations to process the Personal Data on behalf of the third-party platform without the platform's prior written consent;
(h) not process, or cause to be processed, that Personal Data outside the European Economic Area unless Partner has: (i) the third-party platform's prior written consent to do so; and (ii) fulfilled all of the third-party platform's requirements to enable the processing to take place outside the European Economic Area; and
(i) to the extent that Partner is sending any electronic marketing communications on its behalf and/or on behalf of the third-party platform, ensure that the recipient has provided its consent to such communications, provide the ability to unsubscribe from such communications with each such communication, and comply with any such unsubscribe requests.
We implement reasonable administrative, organizational and technical safeguards and security measures to protect Personal Data from unauthorized access, disclosure, destruction or alteration, accidental loss, misuse or damage.
When disclosure of data to third parties is necessary and authorized, we ensure that these third parties guarantee the same level of data protection as that offered to them by us and requires contractual obligations so that the data is exclusively processed as per the provisions of this Policy and for the purposes, Partner have previously accepted and with the required confidentiality and security.
If a Visitor, User and/or Partner has reason to believe that its interaction with us is no longer secure, it should immediately notify us.
Please Note: We cannot guarantee that our security measures will prevent third-party ‘hackers' from illegally obtaining information. We take all reasonable measures to prevent such breaches of security, but given the resourcefulness of cyber-criminals, We are unable to guarantee that our security is one hundred percent (100%) breach-proof. Visitors, Users and/or Partners assume the risk of such breaches to the extent that they may occur despite our reasonable security measures.
6. Links to Other Sites
Wherever you access such third parties websites and/or services (including our Partners' services), we recommend that you carefully review their privacy policies prior to using such websites and/or services and prior to disclosing any Personal Data.
7. Retention and Deletion
We will not retain data (including any Personal Data) longer than is necessary to fulfill the purposes for which it was collected or as required by applicable laws or regulations. For Visitors' and/or Users' data, Visitors and/or Users with an active account will therefore have the responsibility to delete data when required. When a Visitor's and/or User's account is terminated or expired or when our contractual relationship with a Partner is terminated, all related Personal Data collected through the Website and/or the Services will be deleted, as required by applicable law and in accordance with our internal needs and legitimate interests.
Where the legal basis for the processing of the Personal Data about you is consent, you may at any time withdraw your consent for the purposes for which you provided your consent by sending a notice to the email address below. Where you withdraw your consent for the processing of Personal Data about you, we might not be able to provide you with some or all of the Services you requested or in the form intended to be provided to you, and you will have no claim in respect of that.
Whenever the processing of Personal Data about you is necessary for the purpose of the legitimate interests pursued by us or by a third party (including our Partners), the processing is conditional upon such interests not overridden by your interests or fundamental rights and freedoms which require protection of Personal Data about you. At any time, you may approach us by sending a notice to the email address below, in order to receive information concerning the review performed by us in order to reach the conclusion that we may process the Personal Data about you on account of such processing is necessary for the purposes of the legitimate interests pursued by us or by a third party.
8. Your Rights in respect of the Personal Data about You
You are entitled to the following rights in respect of the Personal Data about you. The exercise of such rights will be via sending an email requesting to exercise your right to the email address below.
8.1. Right of Access
You have the right to receive us confirmation as to whether or not Personal Data about you is being processed, and, where that is the case, access to the Personal Data and the following information: (1) the purposes of the processing; (2) the categories of Personal Data concerned; (3) the recipients or categories of recipients to whom the Personal Data have been or will be disclosed, in particular recipients in third countries outside the EEA or international organizations; (4) where possible, the envisaged period for which the Personal Data will be stored, or, if not possible, the criteria used to determine that period; (5) the existence of the right to request or restriction of processing of Personal Data about you or to object to such processing; (6) the right to lodge a complaint with a supervisory authority; (7) where the Personal Data is not collected from you, any reasonable available information as to its source (subject to our contractual obligation towards such source); (8) the existence of profiling; and (9) where Personal Data is transferred to a third country outside the EEA or to an international organization, the appropriate safeguards relating to the transfer.
We shall provide a copy of the Personal Data undergoing processing and may charge a reasonable fee for any further copies requested by you. Where you make the request by electronic means, and unless otherwise requested by you, the information shall be provided in a commonly used electronic form.
The right to obtain a copy of the Personal Data shall not adversely affect the rights and freedoms of others, and therefore if the request will harm the rights and freedoms of others or our contractual obligation towards such third parties, we may not fulfill your request or do so in a limited manner.
8.2. Right to Rectification
You have the right to obtain from us the rectification of inaccurate Personal Data about you. Taking into account the purposes of the processing, you have the right to have incomplete Personal Data about you completed, including by means of providing a supplementary statement.
8.3. Right to Erasure
You have the right to obtain from us the erasure of Personal Data about you where one of the following grounds applies: (a) the Personal Data is no longer necessary in relation to the purpose for which it was collected or otherwise processed; (b) you withdraw your consent on which the processing is based and there is no other legal ground for the processing; (c) you object, at any time, on grounds relating to your particular situation, to processing of the Personal Data which is based on the legitimate interests pursued by us or by a third party (including our Partners), and there are no overriding legitimate grounds for the processing; (d) you object to the processing of the Personal Data for direct marketing purposes; (e) the Personal Data has been unlawfully processed; (f) the Personal Data has to be erased for compliance with a legal obligation under the law to which we are subject.
This right is not applicable to the extent that the processing is necessary: (a) for compliance with a legal obligation that requires processing under the law to which we are subject; or (b) for the establishment, exercise or defense of legal claims.
8.4. Right of Restriction of Processing
You have the right to obtain by our restriction of processing of Personal Data about you where one of the following applies: (a) the accuracy of the Personal Data is contested by you, for a period enabling us to verify the accuracy of the Personal Data; (b) the processing is unlawful and you oppose the erasure of the Personal Data and request the restriction of its use instead; (c) we no longer needs the Personal Data for the purposes of the processing, but it is required by you for the establishment, exercise or defense of legal claims; (d) where the processing of the Personal Data is necessary for the purpose of the legitimate interests pursued by the Company or by a third party, unless we demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims; (e) where the Personal Data is processed for direct marketing purposes, including profiling the extent that it is related to such direct marketing.
8.5. Right to Data Portability
You have the right to receive the Personal Data about you, which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit such Personal Data to another controller, where: (a) the processing is based on your consent or on a contract to which you are a party; and (b) the processing is carried out by automated means.
In exercising your right to data portability, you have the right to have the Personal Data about you transmitted directly from us to another entity, where technically feasible. The exercise of your right to data portability is without prejudice to your and our rights under your right to erasure. In addition, the right to data portability shall not adversely affect the rights and freedoms of others.
8.6. Right to Object
You have the right to object at any time, on grounds relating to your particular situation, to the processing of Personal Data about you which is based on the legitimate interests pursued by us or by a third party (including our Partners), including profiling based on such legitimate interests; in such case, we shall no longer process the Personal Data about you unless we demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims.
You have the right to object, at any time, to the processing of Personal Data about you for direct marketing purposes, which includes profiling to the extent that it is related to such direct marketing.
8.7. Right to Withdraw Consent
You may withdraw your consent provided to us for the purpose of processing Personal Data about you at any time, without affecting the lawfulness of processing based on your consent before its withdrawal. Please note that in a case where you will withdraw your consent, we may not be able to provide you with some of our Services.
9. Advertising and Marketing Materials
You hereby agree that we may use your data (including the Personal Data) and contact details for the purpose of providing you with advertising and marketing materials related to our current and/or future activities, products and/or the Services. You may withdraw your consent by sending a written notice to the e-mail address that appears herein below.
10. Acceptance of this Policy
We assume that all Visitors and/or Users and/or Partners have carefully read this Policy and agree to its content. If someone does not agree with this Policy, it should refrain from using the Website and/or the Services. We reserve the right to change this Policy as a necessity. We encourage Visitors and/or Users and/or Partners to frequently check this page for any changes. You acknowledge and agree that it is your responsibility to review this Policy periodically and become aware of modifications. Continued use of the Website and/or the Services after any changes to these conditions implies acceptance of the revised Policy. Unless stated otherwise, all amendments will enter into force upon publishing such an updated Policy.
11. Our Legal Obligation to Disclose Personal Data
We will reveal a Visitor's and/or User's and/or Partner's Personal Data without prior permission only when we have reason to believe that the disclosure of this information is required to establish the identity of, to contact or initiate legal proceedings against, a person or persons who are suspected of infringing rights or property of us or of others who could be harmed by the Visitor's and/or User's and/or Partner's activities or of persons who could (deliberately or otherwise) transgress upon these rights and property. We are permitted to disclose Personal Data when we have good reason to believe that this is legally required.
12. Data Protection Officer
We have a "Data Protection Officer" who is responsible for matters relating to privacy and data protection. This Data Protection Officer can be reached at the following address: [email protected]ode.com