Hello! Kimonix Ltd. and its subsidiaries and affiliates (collectively, “Company”, “our”, “we” or “us”) welcomes you to our properties and services. We are committed to protecting the privacy of our customers (“Customer”) and their end users (“End User”) (collectively “Users”, “You” or “Your”), and to provide our Users with the highest level of transparency and control over the use of their data. Therefore, we put much thought and effort into the design and architecture of our Services (as defined below) to ensure we collect only the most minimal amount of data necessary with respect to use of our Services. This Privacy Policy supplements and should be read in conjunction with our Terms of Use available at https://www.kimonix.com/terms-of-use (the “TOU”), which provides additional information on the Services. Capitalized terms which are not defined herein, shall have the meaning ascribed to them in our TOU.

This Privacy Policy describes how Company collects, uses, processes and shares information related to you. This privacy policy applies to our online Software-as-a-Service synchronizes sales data, inventory analytics, and insights to create and manage smart collections platform (the “Solution”) and other services that we may provide to you from time to time. In this Privacy Policy we refer to our Solution and other services we offer collectively as our "Services".

PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE ACCESSING AND USING OUR SERVICES. PLEASE NOTE - YOU ARE NOT OBLIGATED BY LAW TO PROVIDE US WITH ANY PERSONAL INFORMATION. IF YOU DISAGREE TO ANY TERM PROVIDED HEREIN YOU SHOULD NOT USE OUR SERVICES. BY INSTALLING, ACCESSING AND/OR USING OUR SERVICES, YOU AGREE TO THE COLLECTION AND USE OF YOUR INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY.

First - What is personal information?‍

‍“Personal Information” is information that identifies an individual or that may, with reasonable efforts or together with additional information we have access to, enable the identification of an individual, or may be of a private or sensitive nature relating to an identified or identifiable natural person. Identification of an individual also includes the 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 de-identified, anonymized or aggregated; provided, that, such information can no longer be used to identify a specific natural person. 

In the course of installing, accessing and/or using our Services, you are providing us, and we automatically collect certain information, Customer Data, Product Data, and System Data (as such terms are defined below). 

‍What categories and types of data do we collect?

We collect and use the following categories and types of information:

• Information you give us when you use our Services.
  Generally, this category refers to any information, data or content You actively and voluntarily make available or provide Us with an access to enable and use our Services (collectively “Customer Data”).
  • Information you voluntarily provide and/or make available to the Services for the purpose use of the Services such as, full name, Customer’s customers email addresses and phone numbers, emails, passwords, IP Address, organization name, store name, store URL address, inventory and sales information.
  • The contents of Your interaction with Our customer support or sales teams, which may include information You enter in Our “Contact Us” online form (if applicable) or any similar input, or in Our email corresponding.
  • Information We are required or authorized by applicable national laws.
  • Information concerning Customers’ business and business contacts (such as suppliers, service providers and customers) provided to us and/or uploaded to the Services by Customer in order to receive the Services. Specifically, such information may include, the names, e-mail address, phone numbers, and other related information contained in the documentation uploaded to such business contacts.
  You may access and alter or remove certain Personal Information You actively and voluntarily uploaded or provided through our Services by accessing the Settings area on the Service or otherwise provide us with a written request for such removal at the address support@kimonix.com.

• Information We collect automatically when you use our Services.

  We automatically collect certain Information through the Services the following categories of data:

  • System Data: this is information about the systems and related environment with which You are using the Services. Examples of such include type of operating system and/or browser, operating system version, etc.
  • Product Data: this is information about the performance of the Services. Examples include metrics on the commands ran, error reports, user funnel, churn, bounce rate, scale of the Services use, Services errors’ response times, information regarding your clicks, views and engagement with our Services, information concerning your traffic to and from the Services.

  The aforementioned categories of System Data and Product Data are processed in a completely anonymized and statistical manner, where certain metrics and analytics are obtained through the use of third parties services.

  We may from time to time ask you for your consent to the collection of other information from you or your device. If we combine Personal Information with non-Personal Information, the combined data will be treated as Personal Information.

  Please take into consideration that certain portions of such above mentioned information may also be collected from Your device or software, when the Services are running in the background, i.e., when such have been launched but are not used.

  Please keep in mind that most mobile devices and ancillary software, allow you to control or disable the use of certain collectable information including location services, by any application, in the device's settings menu.

• Information collected from other sources.

  We may also collect certain Information including Personal Information concerning you, from third parties who have assured us that they have obtained your consent for such provision of information or that you have freely and publicly provided. 

Legal basis for use ‍

We collect, process and use your information for the purposes described in this Privacy Policy, based at least on one of the following legal grounds:

• 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;
• When Performing this Agreement: We collect and process your Personal Information in order to provide you with the Service, following your acceptance of this Privacy Policy; to maintain and improve our Services; to develop new services and features for our Users; and to personalize the Services in order for you to get a better user experience.
• Legitimate interests: We process your information 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 fulfil 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.

Purpose of Use ‍

We may use information that we collect about You for the following purposes: we may use the information provided by you or otherwise obtained from use of the Services to improve our products and services, manage our business, support our customers, support business to business marketing and sales, comply with legal requirements, and for other legitimate business purposes including the following:

• Product improvement: we may use the information to analyze the use of the Services; prioritize testing and development of new features and functionality; improve our support responses; improve forecasting; identify, understand, and anticipate performance issues and the factors that affect them.
• Legal requirements: we may use the information to comply with any applicable rule or regulation, to protect our legal interests and/or respond to or defend against (actual or potential) legal proceedings against us or our affiliates.

We may share your information with third parties (or otherwise allow them access to it) only in the following manners and instances:

Third Party Services: We may share your Personal Information with a number of selected service providers, whose services and solutions complement, facilitate and enhance our Services and operations. Such third-party service providers may have access to, or process on our behalf Personal Information obtained through your use or access to the Services. These third parties may include hosting, database and server co-location services, and our business, legal and financial advisors (collectively, "Third Party Service Providers"). Our third-party services providers act as our processors and may only process your Personal Information according to our instructions (which are made in accordance with the terms hereof). We remain responsible for any Personal Information processing done by such Third Parties Service Provider on our behalf not in accordance with the terms hereof, except for events outside of its reasonable control and except for such Third-Party Service Providers with whom you have a direct contractual relationship.

Law enforcement, legal proceedings, and as authorized by law: We may disclose or otherwise allow access to Personal Information pursuant to a legal requirement or request, such as a subpoena, search warrant or court order, or in compliance with applicable laws and regulations. Such disclosure or access may occur with or without notice to you, if we have a good faith belief that we are legally required to do so, or that disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding actual or suspected illegal activity, fraud, or other wrongdoing.

Protecting Rights and Safety: We may share your Personal Information with others, with or without notice to you, if we believe in good faith that this will help protect the rights, property or personal safety of our Company, any of our Users, or any members of the general public.

Our Affiliated Companies: We may share Personal Information internally within our family of companies, whether current or future, for the purposes described in this Privacy Policy. In addition, should we or any of our affiliates undergo any change in control, including by means of merger, acquisition or purchase of substantially all of its assets, your Personal Information may be shared with the parties involved in such event. If we believe that such change in control might materially affect your Personal Information then stored with us, we will notify you of this event and the choices you may have via e-mail and/or prominent notice on our website or Services.

For the removal of doubt, we may share your Personal Information in additional manners, pursuant to your explicit approval, or if we are legally obligated to do so. Additionally, we may transfer, share or otherwise use non-personal information in our sole discretion and without the need for further approval.

You hereby agree that we may use your contact details provided to us pursuant to your consent, for the purpose of informing you regarding our products and services which may interest you. You may withdraw your consent via sending us written notice by email to the following address: support@kimonix.com or by pressing the “Unsubscribe” button in the email received.

Please note that the Company may contact you with important information regarding our Service. For example, we may notify you (through any of the means available to us) of changes or updates to our Service’s terms, service maintenance, etc. You will not be able to opt-out of receiving such service messages.

Information regarding the Users will be maintained, processed, and stored by us and our authorized affiliates and service providers in the US, and as necessary, in secured cloud storage, provided by our third-party service provider.

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.

You hereby accept the place of storage and the transfer of information as described above.

We use certain monitoring and tracking technologies, including ones offered by third party service providers. These technologies are used in order to provide a better experience to our Users. For example, these technologies enable us to: (i) keep track of our Users’ preferences, (ii) identify technical issues and improve the overall performance of our Services, and (iii) create and monitor analytics.

Cookies: A cookie is a small data file that is downloaded and stored on your mobile devicewhen you access our App. Learn more about cookies here: www.allaboutcookies.org.

We and our service providers may use cookies because they:

• are essential for us to provide our Service to you;
• help us optimize, personalize and/or otherwise improve your experience and/or the performance of the Service;
• Most web browsers allow you to erase cookies on your computer, block cookies from your computer, or notify you when a cookie is stored on your computer. If you choose to disable or otherwise block certain cookies, you may be unable to use, or experience decreased functionality with, parts of the Service.

Tracking Technologies: When you visit or access our Service, we may use (and may authorize third parties to use) cookies, web beacons, pixel tags, localstorage, scripts, tags, API and other technologies (“Tracking Technologies”). The Tracking Technologies allow us to automatically collect information about you, your online behavior, and your device, in order to enhance your navigation on our Service, improve our Service performance and customize your experience on our Service. We may also use this information to collect statistics about the usage of our Service, and perform analytics. Your interactions with these features are governed by the privacy policies of the company that providing these features.

We may use the following cookies as governed by their applicable Privacy Policy indicated alongside each, and as updated from time to time by the applicable platform:

We also may use the following platforms as governed by their applicable Privacy Policy indicated alongside each, and as updated from time to time by the applicable platform:

• Google analytics – as governed by google policy ( https://policies.google.com/technologies/cookies?hl=en-US)
• Mouseflow - as governed by Mouseflow Privacy Policy (https://mouseflow.com/privacy/)
• Facebook - as governed by Facebook Cookie Policy (https://www.facebook.com/policy/cookies/)
• Shopify - as governed by Shopify Cookie Policy (https://www.shopify.com/legal/cookies)
• Tawk chat cookie - as governed by Twak Privacy Policy (https://www.tawk.to/privacy-policy/)
• First party authentication cookie - We use this cookie to authenticate your requests and maintain session information. This cookie is not used to target you with online marketing.

To use our Services, you must be over the age of eighteen (18). Therefore, we do not knowingly collect Personal Information from minors under the age of eighteen (18) and do not wish to do so. We reserve the right to request proof of age at any stage so that we can verify that minors under the age of eighteen (18) are not using the Services.

We have implemented administrative, technical, and physical safeguards to help prevent unauthorized access, use, or disclosure of your Personal Information. Your data is stored on secure servers and isn’t publicly available. We limit access of your information only to those employees or partners on a “need to know” basis, in order to enable the carrying out of the agreement between us. Despite these measures, we cannot eliminate security risks associated with Personal Information, and security breaches may happen. If there are any questions about security, please contact us at support@kimonix.com.

We will retain the information provided by you and any Customer Data, Product Data and System Data only for as long as you continue to use the Services or as necessary to achieve the purposes for collection and processing set forth under section ‎2 above. Within thirty (30) days of your cessation to use the Services we will delete all information provided to us by You including any Customer Data, System Data and Product Data unless otherwise required under applicable laws.

If the law applicable to you grants you such rights, you may ask to access, correct, or delete your Personal Information that is stored in our systems by contacting us at support@kimonix.com. You may also ask for our confirmation as to whether or not we process your Personal Information.

Subject to the limitations in law, you may request that we update, correct, or delete inaccurate or outdated information. You may also request that we suspend the use of any Personal Information whose accuracy you contest while we verify the status of that data.

Subject the limitations in law, you may also be entitled 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.

If you wish to exercise any of these rights, contact us at: support@kimonix.com. When handling these requests, we may ask for additional information to confirm your identity and your request. Please note, upon request to delete your Personal Information, we may retain such data in whole or in part to comply with any applicable rule or regulation and/or response 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.

We reserve the right to change this policy at any time, so please re-visit this page frequently. We will notify you regarding substantial changes of this Privacy Policy by changing the link to the Privacy Policy in the Service and/or by sending you an e-mail regarding such changes to the e-mail address that you provided during registration. Such substantial changes will take effect seven (7) days after such notice was provided on our Services 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 Services after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.

This Privacy Policy, its interpretation, and any claims and disputes related hereto, shall be governed by the laws of the State of Israel. 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.

This Privacy Policy was written in English and may be translated into other languages for your convenience. If a translated (non-English) version of this Privacy Policy conflicts in any way with the English version, the provisions of the English version shall prevail.

If you have any questions (or comments) concerning this Privacy Policy, you are welcome to send us an email at: support@kimonix.com and we will make an effort to reply within a reasonable timeframe.