- The following terms shall have the meanings ascribed alongside them, unless expressly stated otherwise:
- A “Device” means a computer, communications equipment (including the modem), telephone device, cellphone device (including smartphones) and any other equipment, hardware or software that you use in your consumption of the Services, as well as any accompanying functions thereto, including information security.
- An “End-User” means customers or users of the User.
- The “Platform” means the Company’s online platform offering Open-Source codes and supplementary services, via the Website.
- A “User” or “You” means any person or entity who created an Account or uses an Account.
- The “Website” of the Company in the address https://www.novu.co/.
D. Collection of Data
- In order to make use of the Services, you may be required to provide information about yourself such as your full name, e-mail address, address, telephone number, API keys, tokens, details regarding the corporation you represent, information regarding your End Users, or any other information the Company may require (the “Data”).
- The Data provided to the Company may be verified against information about you already in the Company’s possession, or similar information supplied to the Company, or against any similar information in the possession of any third party that is legally provided to the Company.
- By registering with the Website or Platform or using the Services, you warrant that you are aware that you are not under any legal obligation to provide the information that you have provided, and that you provide this information with your full consent and of your own free will.
- The Company implements suitable security measures to protect the Data from unauthorized access, disclosure, alteration, or destruction.
E. The Use of Data
- The Company may use the Data for contacting the Users and for marketing purposes, including for sending you marketing and/or advertisement materials through any lawfully permitted means of communication, including by direct mail, e-mail, SMS messages, inter alia, based on data segmentation and/or your preferences, and those of other users, as recorded during the use of the Services.
- Users who wish not to receive messages via direct mail shall notify the Company through the contact mechanisms set out in Section 34 below, the Website or through the removal mechanism found in any mail item.
- You hereby grant the Company irrevocable and unconditional permission to make use of your information that you provided the Company in the course of registering or in the course of using the Services (including information about you that was collected while you browsed the Website), to create anonymous statistical data, including generating averaged data, aggregated data, performance tests or benchmarks; user preferences, comparisons, recommendations or other calculations, or creating derivative products based on the information provided by you or collected about you, whether combined with information received from third parties or otherwise (said actions and their products being jointly termed “Statistical Data”). Without derogating from the foregoing, it is clarified that the Statistical Data is the sole property of the Company, and that it owns all rights, including copyrights and intellectual property rights, in respect of the Statistical Data. The Company shall hold an unlimited right to use, update, alter, improve, sell, lease, create derivatives of or make any other use of the Statistical Data, without being required to give notice or bear any other duty or liability toward you. To avoid any doubt, you hereby assign all rights in the Statistical Data to the Company, and hereby waive any right in the Statistical Data or any claim in connection with the use thereof.
- Data may be retained by the Company for as long as needed to provide the Services, or for a longer period, if the User consented to such an extended retention period.
F. API usage Terms
G. Transfer of Data to Third Parties
- The provision of the information constitutes the User’s consent that their information and any data obtained on the basis of an analysis of this information and any information about them that has reached or will reach the Company, be held in one or more databases of the Company or anyone acting on its behalf, to the extent that this is required by law, and that such information shall be used in accordance with the following purposes:
- Marketing, advertising, sales promotion and sales, and for the purpose of contacting the User in any manner, including by way of direct mail, through any media channel that it deems fit;
- Conducting surveys and any other online use in connection with a marketing issue;
- For internal needs, such as the need to investigate complaints;
- For mailing marketing and advertisement materials;
- For analysis and delivery of statistical information to third parties. In this case, the data will not include any Data that can identify the User.
- For the provision of services by the Company.
- Other than as set forth above, the Data shall not be delivered to any third party, except in the following cases:
- If the disclosure of the Data, or any part of it, to third parties who are parties to or are involved in the provision of the Services by the Company to its customers, provided that such disclosure is necessary for the performance of the Services. These third parties shall have no right to use this Data except for the purpose that the Company provided it for;
- If it is required to do so by judicial order or by law;
- If you receive a warning that legal action has been instituted against it for actions performed by the User, or in the event of a claim, lawsuit, demand or legal proceedings, if existing, between the User and the Company;
- If a claim is raised or a suspicion arises at the Company, that the User or End User committed an act or omission that harms or may harm the Company, anyone acting on its behalf or any third parties;
- If a claim is raised or a suspicion arises at the Company that the User or End User made or used the Website for the purpose of carrying out an illegal act or to encourage the performance of such an act;
- Users shall not have any claim or demand against the Company in connection with the provision of their information, as mentioned, and they hereby waive any such claim or lawsuit.
- Through Cookies, the Company may, in its discretion, advertise itself in different websites you choose to visit (“Third-Party Vendors”). During your use in these websites, information may be gathered concerning you and the Company may use it as per the use mentioned above.
- If you choose to block Cookies while you are visiting websites, you can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not know how to do so, you can check the order of the process by through the help tab of the browser you are using. However, if you choose to disable Cookies, some services or data regarding your preferences and internet browsing habits may not function properly and this may influence the Site’s activity and availability.
I. The Collection of Information of End Users
- The User hereby declares that it complies with all applicable laws relating to the protection of privacy, databases, and their registration, and the sending of direct mail and publications, and that any information of End User delivered by the User to the Company may be used by the Company in accordance with any law.
- The User undertakes to duly receive the explicit consent of the End Users as for the transfer of their information to third parties and to the receiving of publications and marketing offers. For the avoidance of doubt, it is clarified that the details of End Users who have not agreed to the transfer of their details will not be transferred to the Company.
J. The Rights of the Users
- The Data which has been gathered concerning you shall be kept in the Company’s database (the “Database”) and under its responsibility. Every User is entitled to browse the Information concerning him/her kept in the Database, and to verify the accuracy of the Data.
- User who has browsed the Data and found it to be mistaken, incomplete, archaic or unclear, is entitled to approach the Database owner with a request to correct the Information. Such a request shall be referred to the contact details set forth in section 39.
- Users have the right to request Data to be deleted and removed from the Database, in the contact details set forth in section 26.
- Jurisdiction. Use of the Services is subject solely to Israeli law. Unique jurisdiction over all disputes relating to the Website, Platform and/or Services and any other service provided by the Company is exclusively awarded to the competent courts of Tel Aviv-Jaffa.
- Notices and Notifications. Various notices and notifications from the Company, including advertisement mail, may be sent to you by e-mail, by direct post, through SMS messages. Through any other means of communication, to the address provided by you in the registration form for the Services, in the event that you approved receiving such notices and notifications.