Nemesysco and its affiliated entities (collectively, “Nemesysco“, “us” or “we“) are committed to protecting your privacy. The purpose of this Privacy Policy is to ensure that you understand: (i) what data we collect about you from your use of our websites and our products that can be used to identify you (“Personal Data”); (ii) explain the way we use that Personal Data, and (iii) inform you of your rights and choices in relation to the Personal Data that we collect.   The data controller is Nemesysco Ltd, of 1 Ha’Ofe street, Kadima industrial park, Kadima Israel. If you have any questions about our Privacy Policy, you can contact us at [email protected].  Please note that cloud services offered by Nemesysco are covered by a separate policy, available from the Cloud Service’s portal.   1. Information we Collect and How We Collect It   Some data is automatically collected or “processed” from your visit to our website and subsites (“Sites”).  We process other data only if you actively submit it to us (like using our web forms to get in touch with us or uploading content to our Sites). a. Data We Process From Your Visit to Our Sites: When you visit one of Nemesysco’s Sites, your computer automatically sends technical information to our web servers that we store in log files.  The following information is automatically collected when you visit or navigate through our Sites (“Website Usage Data“):

• Date and time of the visit and the duration of Site use;
• IP address of your device and your internet service provider (ISP);
• referral/exit URL;
• visited subsites of the Site;
• the search terms you use;
• the links on which you click;
• Information about your device (type of device, browser type and version, as well as settings, installed plug-ins, and operating system).

We process Website Usage Data to allow you to surf the Sites and ensure their functionality, perform analyses on Site performance, improve the Sites and correct errors, ensure IT security and system operation and prevent or uncover abuse. We further process this data in aggregated or pseudonymized form to analyze trends and administer the Sites as well as the user experience on our Sites and guaranteeing the safety of our IT systems.  Our legal basis for processing the Website Usage Data is our legitimate interest in monitoring and improving our Sites and our Products. To process Website Usage Data, we use cookies and similar technologies. Click here to review our Cookie Policy. b. Data we Process from Your Use of our Products:  The following Nemesysco products are covered by this Privacy Policy: LVA, LVA-I, RA7, QA5, QA7, Sense Risk and InTone (“Products”).

• Nemesysco does not receive any automated information from your use of our Products when you install and use them.
• With some of our Products, we need to receive a unique system ID generated by your system to provide you with activation license(s). This unique key is comprised of a series of numbers. It will be used and kept on record for as long as you are a user in our systems to enable us to provide you with activation codes for your computer.  You may request these numbers to be deleted when you are no longer a user.
• Some of our records may include your current Product version, so we can suggest updates and upgrades when relevant.
• Our accounting systems store your name, address and phone number for 7 years.
• We may use data that you provide to us manually when the Product is installed relating to installation (such as Your OS, PC configuration) and other data that you provide to us during the registration process (such as your name, email and phone number, System ID) (“Product Registration Data”) to keep a record of your Product license (that is, authenticating and periodically verifying your licensing rights in the Product for anti-piracy purposes) and to enable the provision of maintenance or support services to you.
• Upon reactivation of your license to use some of our Products, and in order to determine the reactivation price, we will collect information about the way you use our Products and the extent of your usage. You provide this information manually as part of the re-licensing process (“Product Usage Data”).  We process Product Usage Data so that we can: (i) calculate your bill and (ii) statistically evaluate and verify your use of our Products and services for Product improvement.

c. Additional Data we Process only if you Submit it to Us: Through Use of our Sites or the Products you can submit additional Personal Data to us:

• Voice Data. Our Products normally have the capability to collect and process voice data as a standard manner of their operation, this is what we do.  Additionally, you may have the option of sending to us or to third parties voice samples for evaluation.  Nemesysco will only receive and review the voice data if you have chosen to submit this voice data to us.  If you submit voice data to us, you certify that you have obtained such voice sampling in accordance with all applicable laws and regulations, have all required permissions to transfer that data to us, and that you will indemnify Nemesysco for any breach of the foregoing.  We shall erase voice data submitted by you immediately upon completion of the services in relation to which you provided the voice data, unless you specifically requested that we save this data for further review or we are required to do so to comply with applicable laws.

 

• Partner Information:
  • If we sign a partner agreement with you, we will automatically create an account you can use to manage the licensed Products that you distribute and your communication settings. We will store your account data for you to be able to communicate with others on our interactive Sites.
  • On our official partner’s site (“Partner Site”) you can register for an account with your email address and a password you create.   You can also create a profile, which may include Personal Data. Our Partner Site offers publicly accessible blogs or forums. Any information you provide in these areas may be read, collected, and used by others who access them with a registered account as well as anyone surfing the community pages as an unregistered user. Please read the privacy policy of our Partner Sites before deciding to provide information on those sites.
• Transaction Data. When you make a purchase online, we may collect your contact and billing information, such as your name, address, and credit card details. You can view the exact information required in the form provided at point of purchase.  We will only use your credit card information to complete your order, for billing purposes, and for internal accounting. We may use third parties and transfer the data to them to complete the charge.
• Customer Support Data:You can communicate with us through the different web-forms and chat functionalities on our Sites. For example, you can use the contact forms to request technical assistance, request information on the status of your order, or otherwise reach out to our customer support team. In order to respond to your request, we will process your contact data as well as the contents of your request.
• Survey Data:From time to time we may conduct surveys regarding our Products and services. You are not required to participate in a survey. However, if you respond to a survey, you may provide us with Personal Data about you. Unless you otherwise consent, we will only use this information to determine the types of Products that may be of interest to you and to operate and improve our Product offerings.
• Email/Direct Mail Campaign Data:From time to time, we may contact our customers and partners directly by mail, email, or telephone to inform you about upgrades, new products, promotions, or special offers that you told us you were interested in receiving (including our newsletters).   However, we will not contact you with any commercial communications that are unrelated to the Products that you have purchased from us unless you have given us your prior consent to receiving such information. When responding to one of these campaigns, you may have the option to provide us with personal information, which we will use for the purpose indicated.
• Special Collaborative Programs:We may collaborate with another company to provide you with a unique product or service (a “Collaborative Program”). Our use of your Personal Data is limited to the specific Collaborative Program that you have joined or elected to use and we will disclose to you the specific Personal Data we will share (such as voice stream and contact information) and for what purpose before sharing with our collaboration partner.
• Applicant Data:If you would like to apply for employment with Nemesysco, you can apply online by sending your CV via email to an email that will be published on recruitment campaigns. We will process your application data only for the purpose of responding to your application. Your resume will be deleted immediately after finalizing your application.
• Business Contact or Sales Prospect Data:If you are interested in purchasing Products and you provided Personal Data to us, we will store your data in our database so that we can follow up on previous business conversations we’ve had with you, provide you with additional information about our Products, or assist you in purchasing our Products in the future.

 

2. Transmitting Your Personal Data to Third Parties

We will only pass on your Personal Data to third parties to the extent described below. We do not share Personal Data with third parties for promotional purposes. Our affiliates, partners, and/or service providers that will process your Personal Data have agreed to abide by strict contractual requirements to protect the security of your data (including compliance with this Privacy Policy).

• Partners and Affiliated Companies: Nemesysco operates globally through a network of local partners worldwide.  We share statistical and sales data with our partners in the ordinary course of our business, as well as data pertaining to our business opportunities.  If you have expressed interest in purchasing a Product, we may share your Personal Data with our partners so that they can work with you to complete a requested purchase of our Products. If one of our partners contacts you about our solutions and products, the partner may share that data with us for opportunity logging and follow-up.
• Service Providers:Nemesysco transmits data to service providers that enable us to operate our Sites and sell and deliver our Products.   Our Service Providers include the companies assisting us in processing transactions, such as credit card transactions.  We occasionally also share Personal Data with independent auditors acting on our behalf, for anti-piracy or revenue accounting purposes in connection with the internal operations of our business. A list of our current service providers and what services they provide appears in Appendix A hereto, and may be updated from time to time.
• Business Transactions:If Nemesysco goes through a business transaction such as a merger, an acquisition by another company, or a sale of all or a portion of its assets to which this Privacy Policy relates, your information will likely be among the assets transferred and, in such case, we will notify you in advance via email and/or a prominent notice on our Sites of such change in ownership or a change in the use of your Personal Data, as well as any choices you may have regarding your Personal Data (including, if applicable, your right to object to transfer of your data to the acquiring party).
• Public Authorities:We may need to disclose Personal Data when required by law, such as when we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order, or litigation or other legal process or action (whether or not initiated by Nemesysco) to protect Nemesysco’s, its partners’, our users’ or third parties’ rights, property or safety. We will transmit data to public authorities such as law enforcement or tax authorities only in the case of a legal obligation to do so based on a request for information from the respective authority.

 

3. Timeframe for Retaining Data

We store your Personal Data as long as necessary for the fulfillment of our contractual or legal obligations. Thus, we store the data as long as our contractual relationship with you as our customer or partner obliges us to do so.  After termination of our contract, we will store Personal Data only to the extent and for as long as applicable law requires. All other data will be deleted immediately when you, as a customer, unsubscribe from our Products or other services. If the remaining data is no longer required for the fulfillment of legal obligations, it will be regularly deleted, unless its further processing is necessary for the preservation of evidence or the prevention of legal claims from becoming time-barred. If you have requested that we review voice data, it will be deleted immediately after providing the service to you that you requested. For purposes of further clarity, once you have purchased a Product, we maintain the data that you provided relevant to the Product so that we can provide ongoing support.  If you have expressed interest in purchasing a Product, we maintain that data, unless otherwise notified by you, so that we can assist you in purchasing a Product in the future.

4. Rights Regarding the Processing of Personal Data

Below we outline some of the rights you may have, as a data subject with regard to the Processing of Personal Data.  These rights are limited by applicable laws, are subject to exemptions, and in some cases depend upon the processing activity that we are undertaking on your behalf.  We have not set forth below all of the limitations and exemptions.

• Right of Access: the right to be informed of and request access to the personal data we process about you;
• Right to Rectification: the right to request that we amend or update your personal data where it is inaccurate or incomplete;
• Right to Erasure: the right to request that we delete your personal data where: (i) it is no longer needed for the purposes for which it was collected, or; (ii) you have withdrawn your consent (where the processing of your personal data was based on consent); (iii) you have successfully objected (see right to object below); (iv) it has been processed unlawfully. We are not required to comply with your request to erase personal data if the processing of is it necessary for compliance with a legal obligation or for the establishment, exercise or defense of legal claims.
• Right to Restrict: the right to request that we temporarily or permanently stop processing all or some of your personal data;
• Right to Object: the right to object to your personal data being processed for direct marketing purposes and the right, at any time, to object to us processing your personal data which has our legitimate interests as its legal basis if you believe your fundamental rights and freedoms outweigh our legitimate interests. If you raise an objection, we have an opportunity to demonstrate that we have compelling legitimate interests which override your rights and freedom;
• Right to Data Portability: the right to request a copy of your personal data in electronic format and the right to transmit that personal data for use in another party’s service; the right to request a copy of your personal data in a structured, commonly used, machine readable format, and the right to request that we transfer it directly to another data controller, but in each case only where: (i) the processing is based on your consent or on the performance of a contract with you; and (ii) the processing is carried out by automated means.
• Right not to be subject to Automated Decision-making: the right to not be subject to a decision based solely on automated decision making, including profiling, where the decision would have a legal effect on you or produce a similarly significant effect.

All objections and queries can be made for free and should be addressed to: [email protected]

5. Legal Basis for Processing

We will only collect, process or share your personal data if we are satisfied that we have an appropriate legal basis to do this.  We process personal data for the purposes set out in Section 1 of this Privacy Policy, which represent our legitimate interests.   We may also process Personal Data when the processing is necessary for the performance of a contract between you and Nemesysco or in order to take steps, at your request, before entering into a contract with you.  For example, if you express your interest in purchasing one of our Products, such as by filling out a webform, we will process the Personal Data submitted to comply with your request. This may include sharing your Personal Data with one of our authorized resellers, who will then use your Personal Data to complete the purchase transaction.  We will also process your data if it is necessary to comply with a legal or regulatory requirement or for reasons of public interest.  Where we have no other valid legal basis to process your Personal Data, it will be processed based on your consent, which may subsequently be withdrawn at any time by emailing our privacy contact at [email protected]. Withdrawal of your consent will not affect the lawfulness of processing based on consent before its withdrawal, or processing that is being done on the basis of other lawful grounds.

6. Additional Information for EU Residents- Transfers outside the EU

The General Data Protection Regulation (“GDPR”) is a European Union wide legal framework for the standardization of data protection, and it applies certain rules regarding data protection and privacy rights.  This section applies to EU residents.  EU residents can consult the GDPR for more information on the rights briefly outlined in Section ‎4. The GDPR also imposes certain limitations on transfer of data outside of the EU.  Nemesysco’s principal place of business is in Israel, which is outside of the EU. However, the EU Commission has determined that Israel provides an adequate level of data protection, and accordingly data may be transferred from the EU to Israel, without the necessity of further additional safeguards. With respect to our service providers and partners located outside of the EU or Israel, we have ensured that such parties: (i) are located in a country with an adequacy decision in place, which means that data may be transferred from the EU to such country, without the necessity of further adequate safeguards, or (ii) certified under the EU-U.S. Privacy Shield Framework and will process all Personal Data received from EU member states in reliance on the Privacy Shield Framework or (iii) agreed to adhere to stringent contractual provisions to guarantee that your data is adequately safeguarded.

7. Collecting Information from Children

We do not intentionally collect any information on our Sites from users under the age of 18. If a parent or guardian becomes aware that their child has provided Nemesysco with Personal Data or that we have otherwise inadvertently collected this information, contact us at [email protected], so that we may immediately delete the information from our servers.

8. Changes

Nemesysco reserves the right to change this Privacy Policy and as may be required pursuant to law from time to time. We will provide notification of the material changes to this Privacy Policy through our Sites at least 30 days prior to the effective date of the change, except if the change is required by law in which case the change may be effective immediately.

9. Links to Third Party Websites

Our Sites and applications sometimes include links to or from third party internet sites or sources to which you have access at your discretion, including our Partner Sites. External websites as noted may look like our websites or applications and they may even include the Nemesysco company logo, but it will be possible, upon a close examination to distinguish those sites from Nemesysco’s official Sites. Please note that any such third-party site or source may gather your personal data and use it differently from us. We have no control over what is done with information collected on those sites and therefore we take no responsibility whatsoever for how they gather or use data, share data with third parties or any other action they take with the data they have collected. Therefore, if you are referred to an external site, as noted, you are advised to carefully read the conditions of use and/or privacy policy of that site because this policy does not apply to them.