This privacy policy (the “Privacy Policy”) governs the manner in which the Company CHECK CAP [a limited company with registered offices at 29 Abba Hushi Avenue, Isfiya, 3009000 Israel, registered according to provisions of the Israeli Companies Laws] collects, uses, maintains and discloses information collected from clients and/or users (each, a “User” or “Users”) of its websites, mobile applications or any other services (the “Services“) only if they are located (residents or not) within the European Union/European Economic Area.
Compliance with Data protection Law
CHECK CAP acknowledges and undertakes to comply with the laws and regulations governing the processing of personal data, including, but not limited to, the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (“GDPR”) and any other national applicable laws or regulations governing the processing of personal data in the framework of the Services.
Contact Point / EU Representative
CHECK CAP acts as data controller and has appointed a contact point in the EU.
The data contact officer and/or the EU Representative appointed by CHECK CAP shall be contacted by using the following information:
PPA: IT Manager, Israel Amar
Address: 29 Abba Hushi av. PO box 1271 Isfiya 39000 Israel
Telephone: +972-48303481
Email: PPA@check-cap.com
EU Representative: Renaud LE SQUEREN, DSM Avocats
Address: 55-57 rue de Merl, L-2146 Luxembourg
Telephone: :+352 262 562 – 1
Email: rlesqueren@dsm.legal
Personal identification information
CHECK CAP may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit CHECK CAP websites, register on such websites, fill out a form, sign a contract, purchase a product and in connection with other activities, use applications and benefit from Services proposed by CHECK CAP. Users may be asked for, as appropriate, name, date of birth, email address, mailing address, phone number, etc.
Non-personal identification information
CHECK CAP may collect non-personal identification information about Users whenever they use a CHECK CAP website or application or other online service. Non-personal identification information may include technical information about Users means of connection, such as the operating system and the Internet service provider utilized, geographical information such as country of origin, behavioural information such as time spent on site, as well as further non-personal analytical data to improve customer experience, products and services.
Each User recognizes and accepts that the performance of the Services may depend on the collection and processing of personal identification information and non-personal identification information.
Web browser cookies
CHECK CAP may use « cookies » to improve the User’s experience in regard of the Services. In that case, the User’s Internet navigator places cookies on his hard drive to gather a certain set of information used to customize the navigation in the framework of the Services, thus enabling certain unique functionalities. All information related to the cookies policy are available on [Cookie-Policy.pdf].
How CHECK CAP uses collected information
Principally, personal and non-personal identification information is used to provide the Users with the Services and to insure a full efficiency of the Services they have registered for or they requested in any other manner.
In this framework, CHECK CAP may collect and use Users’ personal and non-personal identification information for the following purposes:
- To improve Services: Information Users provided will help CHECK CAP to respond to certain Users’ requests.
- To personalize User experience: CHECK CAP may use non-personal identification information to understand how Users as a group use CHECK CAP’ Services.
- To improve CHECK CAP’s websites and other internet presence as well as other communication tools or tools for specific Services: CHECK CAP may use feedback that Users provide to improve its products and services.
- To send periodic emails and other text messages and/or notifications: CHECK CAP may use the email address or mobile phone number provided by Users to respond to inquiries, questions, and/or other requests. If Users decide to opt-in to CHECK CAP notification list, they will receive periodic information that may include company news, updates, related product or service information, private sales, information from CHECK CAP service providers on joint projects etc. (the “Periodic Information Service”). For the case that, at any time, Users would like to unsubscribe from the Periodic Information Service, CHECK CAP includes detailed unsubscribe instructions at the bottom of each such email or other text message.
Legal Basis for Processing
CHECK CAP collection and processing of personal identification information is based on the following:
- The need to carry out the above processing of information, which is in anticipation of entering into engagements or as part of the performance of existing engagements with Users.
- To the extent that CHECK CAP uses the personal identification information for advertising or promotional activities, including direct mailing and targeted advertising, it will request Users specific, freely-given, unbundled, informed and separate consent to such uses.
- To the extent that CHECK CAP uses the personal identification information to improve its website or for analysing statistics, the basis for collection of data is its legitimate interest to conduct such improvements and analysis.
How CHECK CAP protects personal identification information
CHECK CAP adopts appropriate data collection, storage and processing practices and security measures , taking into consideration the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of processing Users’ personal identification information, to protect against to protect against unauthorized access, alteration, disclosure or destruction of Users’ personal identification information within the limits of CHECK CAP’s role with respect to the relevant Services (as certain specific services might be rendered by third parties).
While CHECK CAP strives to protect Users’ personal identification information, it cannot ensure the security of the information Users transmit, and so CHECK CAP urges Users to take every precaution to protect their personal identification information when they are on the Internet.
Sharing personal information
CHECK CAP does not and will not sell, trade, or otherwise transfer to third parties Users’ personal identification information for their own direct marketing use unless it provides clear notice to Users and obtain their explicit consent for their data to be shared in this manner. However each User accepts that his/her personal identification information can be transmitted to website hosting and editing partners and other sub-contractors who assist CHECK CAP in providing the Services, conducting its business, or servicing the User, so long as those sub-contractors undertake to process the information only according to CHECK CAP’s instructions and to comply with the applicable law regarding the protection of personal identification information.
CHECK CAP will only provide those sub-contractors the information they need to deliver the Services, and they are prohibited from using that information for any other purpose.
In addition, CHECK CAP may transfer personal identification information to third parties in the event of sale or transfer of all or substantially all of its shares or assets, in cases of mergers or in case of negotiations with respect to the foregoing.
CHECK CAP may also transfer personal identification information to its service providers and subcontractors in order to keep Users up to date on any information they may like to hear about either from CHECK CAP or from its business partners (unless Users have opted out of these types of communications), subject to Users’ opt-in consent to such processing activities; or
CHECK CAP may transfer personal identification information to third parties, where needed for corporate audits or to investigate or respond to a complaint or security threat, to prevent illegal uses of its services, to defend itself against third party claims and assist in fraud prevention or investigation; or
CHECK CAP may release User’s personal identification information when it believes that such release is necessary to comply with the law, enforce its websites’ general terms of use, or protect its or others’ rights, property, or safety.
However, Users non-personal identification information may be provided to third parties for marketing, advertising, or other uses.
Third party sites
CHECK CAP’s website may contain links to websites operated by other companies. CHECK CAP does not share Users personal information with those websites and is not responsible for their privacy practices. CHECK CAP encourages you to learn about the privacy policies of those companies. Some of these third-party sites may have permission to include the CHECK CAP logo, even though they are not operated or maintained by CHECK-CAP. Although CHECK CAP chooses its business partners carefully, it is not responsible for the privacy practices of websites operated by third parties that are linked to this site. Once Users have left CHECK CAP’s website, they should check the applicable privacy policy of the third-party website to determine how such third parties will handle any information they collect from Users. CHECK CAP may provide services based on third party applications and content tools on the CHECK CAP. These third parties may automatically receive certain types of information whenever you interact with CHECK CAP on its website using such third-party applications and tools, based on such third parties’ privacy statements.
Changes to this Privacy Policy
CHECK CAP has the discretion to update this Privacy Policy at any time. CHECK CAP will therefore revise the “last update date” at the bottom of this page. CHECK CAP encourages Users to frequently check this page for any changes. Users acknowledge and agree that it is their responsibility to review this Privacy Policy periodically and become aware of modifications.
Data Retention
CHECK CAP takes all reasonable measures to ensure that User’ personal data are processed for the minimum period necessary for the purposes set out in this Privacy Policy. The Personal Data will be retained by CHECK CAP according to the following criteria:
- as long as CHECK CAP maintain an ongoing relationship with the User (e.g., where the User is a recipient of CHECK CAP’ services, or is lawfully included in CHECK CAP’s mailing list and has not unsubscribed);
- as long as the User’ personal data are necessary in connection with the purposes set out in this Privacy Policy, for which CHECK CAP has a valid legal basis
- with the User’ prior consent, until the expiry of any additional retention period.
CHECK CAP undertakes to delete or to anonymise the User’ personal data upon expiry of the retention period as described above.
Data Security and data transfer
CHECK CAP has implemented appropriate technical and organizational security measures designed to protect the User personal data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure, unauthorised access, and other unlawful or unauthorised forms of processing, in accordance with applicable law.
The User is responsible for ensuring that any personal data that he/she send to us are sent securely.
CHECK CAP does not transfer personal data to any third country nor to any international organisation, except as the case may be on the basis of:
- adequacy decisions;
- suitable Standard Contractual Clauses; or
- other valid transfer mechanisms under GDPR.
Data Accuracy and minimization
We take reasonable measures:
- to ensure that the User’ personal data are accurate and, where necessary, kept up to date and accurate; and
- that the User’ personal data are collected on an as needed basis in connection with the purposes set out in this Privacy Policy.
Data subject rights
Each User benefits under data protection law from a right of access, modification and opposition to the processing of its personal data, a right to erasure and a right to portability of its personal data by sending an email to PPA@check-cap.com] Those rights may only be exercised within the limits of any contractual or legal obligation. Each User has also a right to lodge a complaint with the supervisory authority from his country of residence, or from the country he is located when his personal data are collected.
Acceptance of these terms
By using the Services, Users confirm their acceptance of this Privacy Policy. If a User does not agree with this Privacy Policy, CHECK CAP recommends to such User that he shall not use the Services. The continued use of the Services following the posting of changes to this Privacy Policy will be deemed as an acceptance of those changes.
This Privacy Policy is applicable from 25th Oct 2019