Fairgen Ltd. (the “Company”, “Fairgen”, “we” or “us”) respect the privacy of the users (“User” or “you”) of its website located at https://www.fairgen.ai/ (“Website”) and of any services it makes available to User through its proprietary platform (the “Platform”) including such services accessible through the Website (the “Services”) and is committed to protect the personal information that its Users share with it. We believe that you have a right to know our practices regarding the information we may collect and use when you use our Website and/or the Services.
Capitalized terms which are not defined herein, shall have the meaning ascribed to them in our Terms of Use located at this link which this Privacy Policy is incorporated thereto by reference (the “Terms of Use”). This Fairgen Privacy Policy (the “Privacy Policy”) applies in connection with your use of the Platform and Services.
1. Your Consent (PLEASE READ CAREFULLY!)
BY ACCESSING AND/OR USING THE PLATFORM OR SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS PRIVACY POLICY, INCLUDING THE COLLECTION AND PROCESSING OF PERSONAL INFORMATION (AS DEFINED BELOW) THAT YOU PROVIDE US. IF YOU DISAGREE TO ANY TERM PROVIDED HEREIN, YOU MAY NOT USE THE PLATFORM/SERVICES.
Please note you are not obligated by law to provide us with any Personal Information. You hereby acknowledge and agree that you are providing us with Personal Information at your own free will. You hereby agree that we may collect and use such Personal Information pursuant to this Privacy Policy and any applicable laws and regulations.
TO THE EXTENT THAT YOU PROVIDE US WITH ANY PERSONAL INFORMATION RELATED TO ANY THIRD PARTY OR ANY OTHER PERSON OR ENTITY WHICH IS NOT YOU, INCLUDING TO ANY OF YOUR PERSONNEL OR CUSTOMERS, YOU ARE SOLELY RESPONSIBLE TO RECEIVE AND HEREBY REPRESENT THAT YOU HAVE AND UNDERTAKE THAT YOU SHALL HAVE AT ALL TIMES, MAINTAINED AND RECEIVED, THE CONSENT, AUTHORITY, PERMISSION AND APPROVAL OF SUCH PERSONS AND PROVIDED THEM WITH SUFFICIENT DISCLOSURES, TO ALLOW FAIRGEN TO ACCESS, STORE, COLLECT, ANALYZE AND PROCESS SUCH PERSONAL INFORMATION AS DETAILED HEREIN.
2. Which information we may collect on our Users?
A. First - What is personal information?
Personal information is individually identifiable information, namely information that identifies an individual or may with reasonable efforts or together with additional information we have access to, enable the identification of an individual, or may be of private or sensitive nature information relating to an identified or identifiable natural person. Identification of an individual also includes association of such individual with a persistent identifier such as a name, an identification number, persistent cookie identifier etc.
Personal information does not include information that has been anonymized or aggregated so that it can no longer be used to identify a specific natural person.
B. We collect personal information from you when you use or interact with our Services
We collect personal information from you and any devices you use when you: use or access our Website or Services, when you register for a Trial (as defined in the Terms of Use) or to our Services (whether by direct contact with our representatives or through online forms), and when you provide us information on web forms, or through correspondence you and we conduct with each other. More specifically we collect and use the following categories and types of information:
a. Personal information you actively provide us when you use our Platform or Services
Generally, this category refers to any information, data or content you actively and voluntarily upload or
provide through our Platform or Services:
● Contact information such as your name and email, when you register to our Services or contact us.
● Other personal information you submit or actively provide in the scope of your use of the Services.
b. Personal information we collect automatically when you use the Website or Services
We collect certain information automatically gathered as a result of your use of or access to the Website or
Services, such as:
● technical information with respect to the devices and software you use to access our Website or Services such as screen size, operating system, type of end user device, etc.
● behavioral information with respect to your use of the Website or Services, such as click stream, and logged actions.
● Information concerning your browsing activity on, to or from our Website and Services, such as http referral, IP, page visits, etc.
We perform such automatic collection through use of cookies, web beacons, SDKs, unique identifiers, and similar technologies which allow us to collect information about the pages and screens you view, the links you click, and other actions you take when using our Services and Website.
c. Personal information collected from job candidates
In addition, we may publish open positions at Fairgen via our Website. In connection with such
opportunities, we collect information that is voluntarily provided to us by the job candidates (“Candidates”) when they apply to any of the open positions published by us, by email, via the Website or otherwise, and only as necessary for the recruitment process.
C. What information we do not collect
Fairgen do not intentionally collect Sensitive Personal Information (such as personal data revealing racial/ethnic origin, trade union membership, political opinions, religious beliefs, data concerning health or data concerning a sexual orientation, etc.). If you choose to upload any Sensitive Personal Information to our Platform, you are responsible for complying with any regulatory requirements and obligations regarding that data.
We do not knowingly collect information from or direct any of our content specifically to children. If we discover or have reason to believe that a User is under the age of 18, you will not be allowed to use and access the Services.
For avoidance of doubt, any Non-Personal Information connected or linked to any Personal Information shall be deemed as Personal Information as long as such connection or linkage exists.
We do not collect any Personal Information from you or related to you without your approval, which is obtained, inter alia, through your active acceptance of the Terms of Use and this Privacy Policy.
3. Storing, Transfer and Retention of Users’ Personal Information
Information regarding the Users will be maintained, processed and stored by us and our authorized affiliates and service providers in the United States and Israel.
While the data protection laws in the above jurisdictions may be different than the laws of your residence or location, please know that we, our affiliates and our service providers that store or process your personal information on our behalf are each committed to keep it protected and secured, pursuant to this Privacy Policy and industry standards, regardless of any lesser legal requirements that may apply in their jurisdiction.
Specifically, each of our Service Providers (as defined below) which store or process your Personal Information either: (i) assured us that they provide adequate safeguards to protect your rights to privacy; (ii) where applicable, hold and process such information on our behalf in jurisdictions which have been determined to ensure an adequate level protection by the EU Commission; (iii) perform such processing pursuant to your consent and acceptance of their privacy policy as further detailed in this Privacy Policy.
By providing your information, you expressly consent to the place of storage and transfer described above, including transfers outside of the jurisdiction in which the information was provided.
We retain the personal information we collect only for as long as needed in order to provide you with use of our Services in accordance with the terms of this Privacy Policy and to comply with applicable laws and regulations or otherwise as required for us to protect against claims by Users for the relevant statutory of limitations period. We then either delete from our systems or anonymize it without further notice to you. Notwithstanding the aforementioned, unless you notify us of your request to delete your Website account data, we may maintain your inactive Website account, including all data and reports therein, for a limited period, in order to allow you to reactivate the Website account if you choose to renew your activity at a later stage.
4. What are the Purposes of the Collection of Information?
We may use the Personal Information that we collect about you only if and as stated below:
● To provide and improve our Platform and Services and manage our business;
● In order to anonymize it and then after it has been anonymized and cannot be used to identify you or any other third party, use it for improvement and management of our business, Platform, Services and general offerings;
● Provide our Users with a better user experience.
● Be able to contact Users who requested such contact to be made, for the purpose of providing them with
further information on Fairgen and its Services;
● Be able to provide the Users updates about the Company’s developments.
● To prevent, detect, mitigate, and investigate fraud, security breaches or other potentially prohibited or illegal activities;
● To comply with any applicable rule or regulation and/or response or defend against legal proceedings versus us or our affiliates.
● To be able to send Users newsletters and information in connection with the Services;
● To act upon and comply with requests you may make pursuant to this Privacy Policy and the privacy laws
that apply to you.
Important – we will not use or store any raw data and data sets you make available to us, i.e. the underlying raw data on which you run training (“Raw Data”) except if and as required for providing you with our Services.
5. Lawful Grounds for Collecting Information on our Users.
We collect and process your information for the purposes described in this Privacy Policy, based at least on one of the following legal grounds:
● Performance of a contract: The information you provide us may be processed on the basis that such processing is necessary in order to perform the Services in accordance with the Terms of Use or other agreement entered into between Fairgen and you (where such agreement makes a reference to Privacy Policy). This may include, for example, collecting your email for the purpose of registering you to the Services.
● Legitimate interests: We process the information you provide us for our legitimate interests while applying appropriate safeguards that protect your privacy. This means that we process your information for things like detecting, preventing, or otherwise addressing fraud, abuse, security, usability, functionality or technical issues with our services, protecting against harm to the rights, property or safety of our properties, or our users, or the public as required or permitted by law; Enforcing legal claims, including investigation of potential violations of this Privacy Policy; In order to comply and/or fulfill our obligation under applicable laws, regulation, guidelines, industry standards and contractual requirements, legal process, subpoena or governmental request, as well as our Terms of Use.
● With your consent: We ask for your agreement to process your information for specific purposes and you have the right to withdraw your consent at any time. For example, we ask for your consent to send you newsletters.
6. Submitted Data
We process Files, URLs, and other content you submit to our Platform and Services (the “Submitted Data”), in order to provide you our services, and the functionalities and features of the Platform/Trial. We may use, process, edit, store, reproduce and/or modify the Submitted Data, and may create derivative works therefrom, for the purpose of providing you with the Services and for the purpose of researching, developing, enhancing and improving our current and future products and services (including if provided under a Trial). To the extent you elect to upload Submitted Data to the Platform and/or the Services, you are required to be the original owner of the Submitted Data or to have all necessary rights and permissions to the information in the Submitted Data.
In the event that your Submitted Data includes any information, which may be deemed as personal information under any applicable law, you hereby represent and warrant that you have obtained necessary or advisable consents required from any party and have otherwise the lawful basis upon which to share the personal information with Fairgen and make all uses as contemplated under the Terms of Use and this Privacy Policy. You agree that in the event that you provide any third parties’ data and information, you have obtained all necessary consents to do so and that you shall be responsible for any conflict arising out of your submission of personal information of third parties involved in your Submitted Data.
7. Sharing Information with Third Parties.
a. Law enforcement, legal proceedings, and as authorized by law: We may disclose personal information to satisfy any applicable law, regulation, legal process, subpoena or governmental request;
b. Protecting Rights and Safety: We may share personal information to enforce this Privacy Policy and/or the Terms of Use, including investigation of potential violations thereof; to detect, prevent, or otherwise address fraud, security or technical issues; to respond to claims that any content available on the Website/Services violates the rights of third-parties; to respond to claims that contact information (e.g. name, email address, etc.) of a third-party has been posted or transmitted without their consent or as a form of harassment; and to protect the rights, property, or personal safety of Fairgen, any of its Users, or the general public;
c. Third Party Services: We partner with certain third parties to provide selected services that are used to facilitate and enhance the Website, Services and Platform and your use thereof (“Service Providers"). Such Service Providers may have access to, or process on our behalf personal information which we collect, hold, use, analyze, process and/or manage. These Service Providers include hosting, database and server co-location services (AWS), data analytics services, and our business, legal and financial advisors.
We remain responsible for any personal information processing done by Service Provider on our behalf, except for events outside of our and/or their reasonable control, and except with respect to Service Providers with which you are contractually engaged, either through a prior separate contractual engagement and/or through acceptance of their privacy policy and terms of use if such are referenced under section 12 below.
8. Updating, Obtaining a copy of, or Deleting of Personal Information.
If for any reason you wish to exercise any rights to which you are entitled, under the law applicable to you, such as correction, deletion, access to and notification of the types of your personal information processed by us or on our behalf, or delete your Website account data, you may do so by contacting Fairgen at info@fairgen.ai. When handling these requests, we may ask for additional information to confirm your identity and your request.
Subject to limitations pursuant to applicable law and if entitled to the same thereunder, if you wish to exercise your right to access your personal information, you may be able to obtain the personal information you directly provided us (excluding data we obtained from other sources) in a structured, commonly used, and machine-readable format and may have the right to transmit such data to another party. We may provide such access through the Website.
Please note, that upon request to delete your personal information, we will delete any such personal information pursuant to any applicable privacy laws or otherwise, we may de-identify any such personal information and thereby transform it to become non-personal information. We may retain such data in whole or in part to comply with any applicable rule or regulation and/or to respond or defend against legal proceedings versus us or our affiliates.
To find out whether these rights apply to you and on any other privacy related matter, you can contact your local data protection authority if you have concerns regarding your rights under local law.
9. Minors.
To open a Website account, use our Services/Platform, and accept the terms of this Privacy Policy and Terms of Use, you must be over the age of eighteen (18). We reserve the right (without obligation) to request proof of age at any stage so that we can verify that minors under the age of eighteen (18) are not using our Services/Platform.
In the event that it comes to our knowledge that a person under the age of eighteen (18) is using our Services, we will use our best efforts to prohibit and block such User from accessing our Services and will use our best efforts to promptly delete any personal information.
10. Security.
We take great care in implementing and maintaining the security of Fairgen Services and its Users’ personal information. Fairgen employs industry standard procedures and policies to ensure the safety of its Users’ personal information, and prevent unauthorized use of any such information. However, we do not guarantee that unauthorized access will never occur.
11. Third Party Websites and Services.
While using the Website and Services you may encounter links to third party websites and/or services. Please be advised that such third party websites and/or services are independent from Fairgen, and may use cookies and other web-tracking technologies, not specified or otherwise handled in this policy, to collect non-personal and/or personal information about you.
We assume no responsibility or liability whatsoever with regard to privacy matters or any other legal matter with respect to such third party websites and/or services.
We encourage you to carefully read the privacy policies and the terms of use of such third party websites and/or services, as their terms, not ours, will apply to any of your interactions with such third parties. Fairgen has no control over the use of any information you provide to these third party services.
12. Local Storage and Third Party Software/Service, Cookies and other Tracking Technology.
When you access or use the Services, Fairgen may use industry-wide monitoring and tracking technologies such as “cookies” or “pixel tags” (or similar technologies), which store certain information on your computer (“Local Storage”) and which will allow us to enable automatic activation of certain features, and make your service experience much more convenient and effortless. The Local Storage is created per session and may be deleted by you or otherwise you may configure by you to not accept any such local storage.
For example, these technologies enable us to: (i) provide you with the Services, (ii) keep track of our users’ preferences and authenticated sessions, (iii) secure our website and platform by detecting abnormal behaviors, and (iv) identify technical issues and improve the overall performance of the Website and/or our Services.
It is important to note that these tracking technologies are provided to us by our Services Providers who collect and process personal information in the scope of the services that they provide us with.
Learn more about your choices and how to opt-out of tracking technologies:
In order to delete or block any tracking technologies, please refer to the “Help” area on your internet browser for further instructions, or you may also opt out of third party tracking technologies by following the instructions provided by each third party service provider in its privacy policy listed above or visiting www.youronlinechoices.eu or http://www.aboutads.info/choices/. Please note however that deleting any of our tracking technologies or disabling future tracking technologies may prevent you from accessing certain areas or features of our Website, or may otherwise adversely affect your user experience. Please also note that we do not respond to the ‘Do Not Track’ setting on your browser as the protocol and form for such setting has not yet been generally accepted.
13. Changes to the Privacy Policy.
Fairgen reserves the right to change this policy at any time, so please re-visit this page frequently. We will provide notice of substantial changes of this policy on the homepage of the Website and/or we will send you an email regarding such changes to the email address that you may have provided us with. Such substantial changes will take effect seven (7) days after such notice was provided on our Website or sent by email. Otherwise, all other changes to this Privacy Policy are effective as of the stated “Last Revised” date and your continued use of the Website after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.
14. General Information.
This Privacy Policy, its interpretation, and any claims and disputes related hereto, shall be governed by the laws of the State of Israel, without respect to its criminal law principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being litigated in and decided exclusively by a court of competent jurisdiction located in Tel Aviv, Israel.
15. Have any Questions?
If you have any questions or comments concerning this Privacy Policy, you are welcome to send us an email at: info@fairgen.ai and we will make an effort to reply within a reasonable timeframe.