Netafim brand portal privacy policy

1. General 

Welcome to Netafim Brand Portal, a marketing platform that stores all of Netafim Ltd.'s marketing digital assets (the “Platform”). The Services are provided by Netafim Ltd. (the “Company”) and are subject to the terms of the Terms and Conditions. 

This privacy policy ("Policy") is part of and should be read in conjunction with the Terms and Conditions. Capitalized terms not specifically defined herein shall have the meaning ascribed to them under the Terms and Conditions.

This Policy covers how the Company collects, uses and discloses Personal Information concerning the Users. For the purpose of this Policy, the term "Personal Information" shall mean any information that relates to an identified or identifiable natural person; while an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. 

This Policy applies to any Personal Information collected from the Users and processed by the Company and/or anyone on its behalf. For the purpose of this Policy, the "processing" of Personal Information refers to any operation or set of operations which is performed on Personal Information, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.   

Please carefully review this Policy. By using the Platform or the Services, you agree to be bound by the terms of this Policy. If you do not agree to any of the terms of this Policy, please refrain from clicking ACCEPT and using the Platform and the Services.

The Company may make changes to this Policy from time to time. In any event where changes are made to this Policy, the Company will notify the Users of these changes by posting the revised Policy. Therefore, the Company recommends that the Users revisit this Policy regularly. 

For any questions regarding this Policy, please contact the Company by physical mail at Derech Hashalom 10, Tel Aviv 6789212 or by email at WebMaster@netafim.com.

Users are not legally obligated to provide the Company with any Personal Information about them, but rather any such provision of Personal Information by the Users is dependent upon their will and consent. However, certain Services may not be rendered if certain Personal Information is not provided. 

For the purpose of convenience only, this Policy is drafted in the masculine gender, and it relates equally to men and women. 

2. The Controller of the Personal Information

The controller of the Personal Information regarding the Users is the Company, Israeli Company number 513769091, having its registered address at Derech Hashalom 10, Tel Aviv 6789212. 

3.What information does the Company collect?

When a User signs up to or uses the Platform or the Services, the Company may collect certain Personal Information about him. Such Personal Information includes, but is not limited to, the following:

  • Registration information: when the User signs-up for the Services, the Company asks him for information such as his username, password, email address, phone number, workplace and job role and country of residence. 
  • Location data: the Company collects information regarding the location of the User by using certain technological means. The User may revoke his consent to the Company's collection of location data as mentioned by changing the preferences of his device, but, doing so may affect the availability of certain Services to the User. The Company may also capture information about the location of the User, when the User posts Submission to the Platform, including the User's IP address or device ID. 
  • Usage information: when a User signs-up to or uses the Services, the Company automatically collects certain technical information regarding the User's usage of the Services. Such information includes, but is not limited to, system preferences, language selection, IP addresses or other unique identifiers of the devices used by the Users, browser and operating systems used by the Users, dates and times of using the Services and reports of technical malfunctions.
  • Submissions: any personal information the User chooses to provide the Company with his Submissions posted on the Platform. Other Users may have access to the information contained in the Submissions posted by the User and they may have the ability to use it for their own purposes and share it with third parties. Accordingly, such other Users' collection, use or disclosure of such Personal Information posted by the Users via the Platform shall not be subject to this Policy and shall not be under the responsibility of the Company. 
  • Users' surveys: the Company or third parties on its behalf may periodically or randomly conduct Users' surveys. Users' participation in the Users' surveys is voluntary. However, the Company encourages the Users' to participate in these surveys, as they provide the Company with information that may allow it to improve the Services and/or the Platform.

By using the Services and/or the Platform, the Users agree to the collection by the Company of the abovementioned types of Personal Information and to its processing by the Company and/or anyone on its behalf in accordance with the terms of this Policy.  

Furthermore, the Company may use the Personal Information for the legitimate interests of the Company or of a third party. Such interest include (i) the collection and processing of Personal Information concerning Users, which are intended to track their usage patterns of the Services and/or the Platform, to improve and enhance their experience in using the Services and the Platform, to tailor the Services to the Users' needs and preferences and to provide them with support services, if and to the extent that they require such services; (ii) the transmission of Personal Information regarding Users within the group of companies to which the Company is associated with for internal administrative purposes; and (iii) the security of the Personal Information and of the systems of the Company.

In addition, the Company may collect and process Personal Information concerning Users where it is necessary for the performance of contracts to which the Users are a party, or to takes steps, at the request of the Users, prior to the conclusion of such contracts. 

4. How does the Company use the Personal Information?

The Company may use the Personal Information for the following purposes:

  • To provide, maintain and improve the Services;
  • To send service notifications, as well as other general notifications and updates, to Users;
  • To perform Users' surveys;
  • To perform statistical analysis, both in relation to an individual User and in relation to aggregated information obtained from several Users;
  • To personalize the Services to the Users;
  • To send Users advertising and marketing materials;
  • To protect the Company's third parties' rights and properties;
  • To identify and prevent fraud or wrongdoing of Users in connection with their use of the Platform and/or the Services;
  • To evaluate the effectiveness of the marketing activities conducted by the Company;
  • To streamline the marketing activities conducted by the Company; 
  • To monitor the marketing activities conducted by the Company;
  • To support the legitimate interests of the Company and/or of third parties.

The Users' attention is drawn to their rights in respect of the Personal Information concerning them as set forth in Sections ‎5 and ‎7 below. 

5. Will the Personal Information be used for direct marketing purposes? 

By using the Services, the Users allow the Company and/or third parties to contact them, either in connection with the Services or in connection with other (including, but not limited to, commercial) matters and offers, through any and all communication methods, including, but not limited, to, SMS, emails, whatsapp and/or letters. By using the Services, the Users are deemed to have provided the Company and/or third parties prior, explicit and written consent to the receipt of such communications from the Company and/or third parties, including for commercial and marketing purposes. The Users may, at any time and free of any charge, request that the Personal Information will not be used for the purpose of transmitting communications to them as stated above by sending the Company an electronic message with the subject "removal" to the following email address: WebMaster@netafim.com. 

If a User chooses to exercise his right to opt-out of receiving communications as mentioned, the Company will keep processing the Personal Information concerning that User, but it will not be processed for the purpose of sending him communications as mentioned. 

6. With whom or under what circumstances the Personal Information may be shared?

The Company may share Personal Information with certain third parties as follows:

  • Entities controlled by, controlling or under common control with the Company, in which case the Company shall require such entity to comply with the terms of this Policy; 
  • Third parties providing services to the Company to support the business operations of the Company, including the provision of the Services and the operation of the Platform;
  • Business partners of the Company, in order to support the strategic interests of the Company;
  • In any case where the Company (i) sales, disposes of, or assigns its business or assets (including a substantial part thereof) to a third party; (ii) is acquired by or merges with a third party; or (iii) initiates bankruptcy or insolvency proceedings, in each case, including, without limitation, during a due diligence review of the Company's business or assets;
  • In any case of a legal proceeding between the Company and the User (or if applicable, a third party on behalf of which the User uses the Services);
  • The Company may also share Personal Information with third parties in cases where the Company believes that it is necessary in order to (i) comply with a legal requirement, a requirement raised by a governmental authority or a court order; (ii) investigate, prevent or take action regarding suspected or actual abuse of the Services or the Platform; (iii) to enforce the Terms and Conditions and/or this Policy; or (iv) to protect the rights and properties of the Company or of third parties.

The transmission of Personal Information to third parties pursuant to the terms of this Policy shall be carried out on the first date on which the Company will be required to transfer the Personal Information as mentioned.   

7. What are the Users' rights in relation to their Personal Information?

Right of access: Upon Users' requests, Users have the right to obtain from the Company confirmation as to whether or not Personal Information concerning them are being processed, and where that is the case, a copy of the Personal Information that is being processed and the following information: (i) the purposes of the processing of the Personal Information regarding the Users; (ii) the categories of Personal Information regarding the Users processed by the Company; (iii) the third parties (or categories of third parties) that received or that may receive Personal Information regarding the Users; (iv) where possible, the envisaged period for which the Personal Information regarding the Users will be stored, or, if not possible, the criteria used to determine that period; (v) where the Personal Information is not collected from the Users, any available information as to its source. In order to make sure that the Company does not provide third parties with access to a User's Personal Information, the Company may require any User who wishes to exercise his right of access as mentioned to provide it with identifying details regarding that User or other details regarding his request. Any requests for access to Personal Information should be sent to the following email address: WebMaster@netafim.com. Any additional request for access made by a User beyond his first request may be subject to such User's payment of the costs involved in replying to any such additional request. It is being clarified that the Users' right to obtain a copy of their Personal Information is subject to the rights and freedoms of third parties. Accordingly, to the extent that a provision of a copy of a Personal Information regarding a User to a User may adversely affect the rights and freedoms of others, the Company may not comply with such User's request to obtain a copy of his Personal Information (or a part thereof).  

Right to rectification: to the extent a Personal Information regarding a User is inaccurate, such User has the right to obtain from the Company the rectification of such Personal Information concerning him. Taking into account the purposes of the processing, to the extent that a Personal Information regarding a User is incomplete, such User has the right to request that such Personal Information concerning him be completed. Any requests for rectification or completion of Personal Information should be sent to the following email address: WebMaster@netafim.com.

Right to erasure: Users are entitled to obtain from the Company the erasure of Personal Information concerning them where one of the following applies: (i) the Personal Information is no longer necessary for the fulfilment of the purposes for which it was collected or otherwise processed; (ii) they withdraw their consent on which the processing of the Personal Information is based, and there is no other legal ground for such processing; (iii) they object to the processing of the Personal Information for the legitimate interests of the Company and/or of a third party (where the processing is made based on that ground) and there are no overriding legitimate grounds for the processing; (iv) the Personal Information has been unlawfully processed; or (v) the Personal Information has to be erased for compliance with a legal obligation applicable to the Company. Any requests for erasure of Personal Information should be sent to the following email address: WebMaster@netafim.com. The Users' right to erasure as mentioned shall not apply where the processing is necessary for compliance with a legal obligation applicable to the Company or for the establishment, exercise or defense of legal claims.

Right to restriction of processing: Users have the right to obtain from the Company restrictions of processing of Personal Information concerning them (that is, the marking of stored Personal Information with the aim of limiting their processing in the future) where one of the following applies: (i) the accuracy of the Personal Information is contested by the Users, for a period enabling the Company to verify the accuracy of the Personal Information; (ii) the processing of the Personal Information is unlawful and the Users oppose the erasure of the Personal Information and request the restriction of its use instead; (iii) the Company no longer needs the Personal Information, but it is required by the Users for the establishment, exercise or defense of legal claims; or (iv) the Users object to the processing of the Personal Information for the legitimate interests of the Company and/or of a third party (where the processing of the Personal Information is made based on that ground), pending the verification whether the legitimate interests of the Company and/or of a third party override those of the Users. Any requests for restriction of processing of Personal Information should be sent to the following email address: WebMaster@netafim.com.

Right to object: Users have the right to object, on grounds relating to their particular situation, at any time, to the processing of Personal Information concerning them which is based on the legitimate interests of the Company and/or of a third party. The Company shall no longer process Personal Information in relation to which objections were raised, unless the Company demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the objecting Users or for the establishment, exercise or defense of legal claims. Any objections should be sent to the following email address: WebMaster@netafim.com.

Right to data portability: Users have the right to receive the Personal Information concerning them and which they have provided to the Company in a structured, commonly used and machine-readable format and to have the Personal Information transmitted to another controller from the Company. To the extent technically feasible, the Users have the right to have the Personal Information concerning them transmitted directly from the Company to another controller. It is emphasized that Users' right to data portability as mentioned is subject to the Company's right to maintain copy of the Personal Information pursuant to the applicable European legislation regarding data protection. Any requests for obtaining Personal Information and/or for data portability should be sent to the following email address: WebMaster@netafim.com.

Right to withdraw consent: Users have the right to withdraw their consent to the processing of their Personal Information at any time. It is being clarified, that the withdrawal of consent as mentioned shall not affect the lawfulness of processing of Personal Information that has been carried out prior to its withdrawal. Any requests for withdrawal of consent should be sent to the following email address: WebMaster@netafim.com.

Right to lodge a complaint: any User who has a complaint regarding the processing of the Personal Information concerning him and/or this Policy may lodge a complaint with the Company by physical mail at Derech Hashalom 10, Tel Aviv 6789212 or by email at WebMaster@netafim.com. In cases of dissatisfaction of the Company's handling of complains, Users may lodge a complaint with the relevant European supervisory authority responsible for data protection. 

The Company will respond to any requests to exercise the rights listed in this Section ‎7 without delay and in any event, within a month of receipt of each such request. Response times can be extended due to the complexity and the number of requests submitted to the Company, in which cases the Company will notify the requesting Users of the extension and its reasons. The Company's response to Users' requests to exercise their rights as mentioned shall be made free of charge, but it reserves the right to either charge an administrative fee for or refrain from responding to excessive or unfounded requests.  

8. For how long will the Personal Information be stored?

The Company will store the Personal Information for the period of time necessary to fulfil the purposes for which the Personal Information is being processed pursuant to the terms of this Policy or for a longer period of time as shall be required or permitted pursuant to any applicable law. Notwithstanding the above, the Company shall, once every six months, review whether it is no longer necessary to maintain the Personal Information in its possession, in which cases, unless there is another legal ground to maintain such Personal Information, the Company shall act for the erasure of the Personal Information. The criteria that will be used to determine whether it is no longer necessary to maintain the Personal Information concerning a User (assuming that there is no other legal ground to maintain the Personal Information) are: (i) the period of time that has lapsed since the User's last use of the Services; (ii) the period of time that has lapsed since the User's last use of the Platform; and (iii) the period of time that has lapsed since the User's last communication with the Company and/or anyone on its behalf.

9.Will the Personal Information be transferred overseas?

Personal Information concerning Users may be transferred to databases located in countries outside the Users' countries of residence, including countries whose privacy laws do not provide the same level of protection to the Personal Information as the privacy laws of their countries of residence. In such cases, the Company shall take the reasonable necessary measures to ensure adequate protection of the Personal Information concerning the Users as provided in this Policy. 

Hence, Personal Information regarding Users may be transferred to databases located outside the European Economic Area (EEA) or to international organizations, in which cases and in the absence of an adequacy decision of the European Commission, the Company will take the necessary measures to ensure adequate protection of the Personal Information regarding Users, including the implementation of standard data protection contractual clauses approved by the European Commission, reliance on legally binding and enforceable instruments between public authorities or bodies, imposition of obligations on recipients of Personal Information in such countries to comply with the terms of EU-approved code of conduct regarding data protection together with obligations to apply appropriate safeguards, including in relation to the Personal Information or an EU-approved certification mechanism together with the imposition of binding and enforceable commitments on the recipients of Personal Information in such countries to apply appropriate safeguards, including in relation to the Personal Information.

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