Effective From: February 24th, 2020
The processing and collection of personal data is governed by the Israeli law and by the General Data Protection Regulation (the “GDPR”), and whenever you’ll provide PIXONER such information, PIXONER will only use your information in line with all applicable data protection laws, including the GDPR. At all times You are in control of Your information, and You can withdraw Your consent to provide Your information to PIXONER.
During Your use of the website, the following information about You will be collected:
● Information You chose voluntarily to give Us including identifiable information such as your name and email;
● Profile picture which You will send Us;
● Bib number which is linked to Your photos;
● Face vectors;
● Non-personal information including location data, IP address, device data such as mobile identifiers, carrier network information, the mobile website or mobile app used and cookie or pixel tag data.
2. Your Rights Regarding Your Personal Information
1.1. Under the GDPR and subject to different exemptions, You have the following rights:
· To access Your personal data and receive a copy of Your personal data upon Your request;
· To rectify, erase or restrict Your information upon Your request (right to be forgotten);
· To object to the processing of Your information;
· To request that PIXONER will provide the You with Your personal information and, if possible, to transmit Your data directly to another data controller (right to data portability).
· To withdraw Your consent to processing and the processing at any time;
1.2. No fees are required for exercising any of the above rights. However and subject to the GDPR, PIXONER may charge You a reasonable fee including administration fees if Your request is repetitive or excessive or demands PIXONER to bear excessive and/or expensive efforts.
1.3. To exercise your rights, please contact PIXONER’s Data Protection Officer at the following contact details:
Data Protection Office
3. Database and Use of Information
3.1. All collected information as stated above is stored in PIXONER’s database. With accordance to Your consent, PIXONER warrants to use such information for the following purposes:
● Enabling convenient and efficient use;
● Improving and enrich existing services and content;
● Modify and/or remove existing services and content;
● Enabling You to view Your photos;
● Performing research and provide statistical information to third parties (in such case, the provided information will not identify You);
● Enforcing PIXONER’s Terms;
● Providing You with information about new services and special offers;
Your information is collected and used because PIXONER has a legitimate business interest for Your personal data to be used for the above purposes. This enables PIXONER to send You relevant and personalized content designed to improve Your use of the website. You have the right to object to this by contacting PIXONER via email: email@example.com. Please note that if you object, this may affect PIXONER’s ability to send personalized content to You.
3.2. Please note that some of the information You will be requested to provide is necessary for providing You the website’s services. Therefore Your refusal to provide some information may result in You not receiving some services since PIXONER will not be practically able to provide you its services.
3.3. PIXONER may receive Your information from third parties which PIXONER cooperates with (e.g. business partners, professional advisors, service providers, etc.) and PIXONER may receive Your information from them.
4. Storing Information and Mailings
4.1.1. Marketing, advertising, sales promotion and addressing the User by any available media (including in writing, by phone, electronic form and any other form);
4.1.2. Encouraging loyalty, research and analyzing of statistics, conducting surveys and any other use regarding registration to the Website and/or Your subscription to the website;
4.1.3. Internal uses including investigating complaints and/or reviews;
4.1.4. Operational marketing and statistical purposes including processing information and mailings for such purpose;
4.1.5. Providing additional services to You.
5. Transferring Information to Third Parties
Subject to Your consent, PIXONER may transfer and/or share Your information in the following events and circumstances and, when applicable, will give you reasonable notice upon doing so:
● When You have permitted PIXONER to transfer and/or share Your information, and in such case PIXONER will always ensure that Your information will remain protected and secure when being transferred;
● In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from law enforcement or other government agency;
● To establish or exercise PIXONER’s legal rights;
● To defend against legal claims; or as otherwise required by law. In such cases, PIXONER may raise or waive any legal objection or right available to PIXONER, in PIXONER's sole discretion;
● When PIXONER believes disclosure is appropriate in connection with efforts to investigate, prevent, report or take other action regarding illegal activity, suspected fraud or other wrongdoing;
● To protect and defend the rights, property or safety of PIXONER, its Users, employees or others;
● In connection with a substantial corporate transaction, such as the sale of PIXONER’s business, a divestiture, merger, consolidation, or asset sale, or in the event of liquidation.
6.3. Your information will be handled and used by PIXONER’s trusted third parties including the following recipients in order to deliver services provided by PIXONER:
· Providers, partners and sub-contractors on behalf of PIXONER;
· Analytics and search engine providers that may assist PIXONER in improving the optimization and performance of the Website.
7. Retaining Your Information
7.1. PIXONER will only retain Your personal information for as long as necessary to fulfil the purposes it was collected for including, but not only, for the purposes of complying with legal, accounting, or reporting requirements. The retention period is determined based on the amount, nature, and sensitivity of Your personal information, the potential risk of harm from unauthorized use or disclosure of Your information, the purposes for which PIXONER processes Your information and whether such purposes can be achieved through other means with accordance to any applicable law.
7.2. Your personal information will be retained for a period of up to 25 months from the date of providing Your consent to collect Your information, thereafter all of Your information (other than information which PIXONER is legally required to keep retaining by law) will be removed from PIXONER’s systems.
7.3. Your details for marketing communications will be retained for a period of up to 25 months from the date of your last interaction with the marketing communication (i.e. opening an email or clicking on a link within the email) at which point all of your personal details will be removed from PIXONER’s systems unless You will address PIXONER and request that You no longer wish to receive marketing messages from PIXONER.
8. Your Choices About Collection and Use of Your Information and Mailings
8.1. You can choose not to provide PIXONER with certain information, but that may result in You being unable to use the website since such information is necessary in order to enable You to subscribe to PIXONER’s services.
8.2. Upon agreeing to receive Mailings, PIXONER may, with accordance to any applicable law, send You Mailings which include email messages and/or newsletters about service updates, improvements, special offers, or special content (“Mailings”). PIXONER may send You other types of transactional and relationship email communications, such as service announcements, administrative notices, and surveys. If PIXONER has already provided Your information to a third party before You have changed Your preferences or updated Your information, You may have to change You preferences directly with that third party.
8.3. It is clarified that at any stage You will have the ability to opt out of receiving the Mailings by contacting PIXONER and/or by clicking on a link available on the Mailings sent to You by PIXONER.
9.1. Upon Your consent, PIXONER uses various technologies to collect information from Your device and about Your activities while using the Website in order to improve and personalize Your online experience of the Website including by means of storing cookies to Your device. Please note that some of the cookies PIXONER uses are necessary for using the Website and some cookies are used to provide features of third parties.
9.2. PIXONER uses the following necessary cookies on the Website which are essential for providing services of PIXONER; and please note that without these cookies, PIXONER will not be able to provide You some of the services offered by PIXONER.:
· Performance cookies which are used to collect anonymous information about Your use of the Websites in order to help PIXONER to improve the Websites and, for example, the effectiveness of the advertisements available on the Website, including by means of recording and tracking webpages You’ve accessed, length of Your visit, Your interaction with a webpage (e.g. mouse clicks, scrolling). In some cases PIXONER uses trusted third parties to collect such information which may include recording Your use of the Websites, although it is clarified that such third parties use any of Your information solely for the above purpose. By using the Website You agree that PIXONER can place such cookies on Your device.
· Functionality cookies which are used to remember Your settings to enhance Your visit of the Website (e.g. text size, language, time zone or other preferences). The information these cookies collect is anonymous and does not enable PIXONER to track Your browsing activity on the Website By using the Website You agree that PIXONER can place such cookies on Your device.
· Targeting and advertising cookies which are used by PIXONER’s trusted third parties to display advertisements which are relevant to You and measure the effectiveness of such advertisements. Information contained in these cookies is anonymous and doesn't contain Your personal information.
· Web analytics cookies which are used to collect information about how You use and navigate the Website so that PIXONER will be able to add new features and improve Your of the Website. This information is anonymous and cannot be used to identify you personally.
9.3. Please note that if You choose to disable all of the above cookies, PIXONER cannot guarantee the proper performance and use of the Website, and therefore PIXONER will not be able to provide You its services. Therefore it is mandatory to accept these cookies in order to use PIXONER's services and Website.
10. Data Security
10.1. PIXONER takes appropriate security measures for data security purposes to help prevent unauthorized persons from gaining access to Your personal information. However, no system can be completely secure. Therefore PIXONER does not warrant that its services will be totally immune to any breaches of security and/or unauthorized access, including access to the data stored by PIXONER, although PIXONER will contact You upon a breach of Your data security with accordance to any applicable law.
10.2. PIXONER inspects, from time to time, the data security of the website and performs modifications and upgrades accordingly in order to keep the website’s security. Nonetheless, PIXONER will not be liable for any direct or indirect damage caused to You due to exposure of Your information by an unauthorized access to PIXONER’s database and/or due to any negligence or act not controlled by PIXONER.
PIXONER does not knowingly collect or solicit information from anyone under the age of eighteen (18) or knowingly allows minors to use the Website or any of PIXONER’s services. If PIXONER becomes aware that information from a minor was collected without the consent of his/her parent or guardian, PIXONER will immediately remove such collected information.