Incredimail Privacy Policy

 

This privacy statement (“Privacy Policy”) explains the information, collection and use policies of Perion Network Ltd. and any of its affiliated companies ("Perion", “we”, “our” or “us”) with respect to the Incredimail application and website located at www.incredimail.com/ and all related services, products, technology, software and/or software components (collectively, the "Software & Services") of Perion that you install, use, access or interact with ("use"), but excludes software and/or services that have separate privacy policies that do not incorporate this Privacy Policy.

 

We believe strongly in protecting the privacy of information entrusted to us. We acknowledge that you may have privacy and security concerns with respect to the information we collect, use, and disclose to third parties for the purpose of allowing us to offer and provide our Software & Services, so we have provided this Privacy Policy to explain, in as clear and plain language as possible, how we collect and use information. You will also find an explanation of certain rights you have (see the “Your Rights” Section) in respect of your Personal Information.

 

Please read this Privacy Policy carefully, before using the Software & Services, so you can fully understand our practices in relation to Personal Information, before we begin processing your information.

 

This Privacy Policy provides you with information about:

 

  • Information Perion Collects and Receives.
  • How Perion Uses Your Information.
  • Additional Sharing of information with Third Parties.
  • Transferring Personal Information From and Outside of the European Union.
  • Third-Party Content.
  • Cookies and Other Technologies.
  • Minors.
  • Your Rights.
  • How we Protect your Information.
  • Do Not Track.
  • Complaints.
  • Notice to Californian Residents – Your California Privacy Rights.
  • Changes to This Privacy Policy.
  • How to Contact Perion.


Information Perion Collects and Receives.

 

When you Use the Software & Services, we collect and store the following types of information:

 

  1. Registration and Login Information. Information you provide when you register to and open the Software & Services including your full name, e-mail address, email provider and your preferred language.
  2. Payment Information. When you a purchase a product or service, we will ask you for certain information that we need for the purpose of processing your payment, performing/executing the applicable agreement, fulfilling your requests for products and/or services and for related activities (e.g., product and service, account management, support and to provide other services related to your relationship with), including your full name, the credit card number (we store only the last four digits) and date of expiration, or details of other preferred means of payment (that we maintain in encrypted form on industry secure servers). Depending the payment method that you choose, your full payment details are used and processed by third party service providers who process your payment. In addition, we collect company name (if you are a company), your full address and phone number.

 

  1. Technical Information. Certain technical information regarding your device, and your Use of the Software & Services, including the device type and version number, the type, name and version of operating system, without limitation, their interactions with the Software & Services, ISP (Internet Service Provider), hardware version, Internet protocol (IP) address, anonymous user identifiers, device configuration, version of the Software & Services, and your configuration and settings of the device and the Software & Services, including language and time zone.

 

  1. Support Related Information. If you communicate with us via our support section or via email, we may also collect your email address, name and any information voluntarily submitted by you in connection with such support (for example, your name, company name, and particular support query or request).

 

How Perion Uses Your Information.

 

Perion processes your information on the basis that it is a data controller of the information. This is how we use this information:

 

  1. To register for, and use of, the Software & Services.

 

  • Perion uses your Registration and Login Information to open your account and enable your use of the Software & Services. In addition, Perion uses your Technical Information to enable your use of the Software and Services including to create your account, to perform/execute the agreement, to grant you access to the services (our Software & Services), to resolve and addressing production issues amongst our users.
  • We process your Registration and Login Information, and Technical Information on the basis of performance of the contract with you for the use of the Software & Services and legitimate interest (e.g. sign up to the service).
  • If you do not provide us with all the Registration and Login information and Technical Information, we cannot perform our contract with you.
  • We will retain your Registration and Login Information for the amount of time that you have an open account on the Software & Services. Please note that we may retain it for a longer or shorter period in accordance with data retention laws. We have an internal data retention policy to ensure that we do not retain your information perpetually.

For this purpose, we use a number of service providers to assist us in providing the Software & Services which have access to this information. Such service providers include hosting and backup providers, cloud services, analytics and feedback services and ISPs. We use Google API which gives us access to your Gmail account, AWS for our website and e-store (Ireland), as well as Bezeq International (Israel) for our application servers & Database.

 

 

 

  1. To process payments for purchases made on the Software & Services.

 

  • Perion uses certain of your Registration and Login Information and Payment Information to process payments for products and services you purchased on the Software & Services, including for the purpose of sending you invoices, to fulfill your requests for products and/or services and for related activities (e.g., product and service delivery, account management, support and to provide other services related to your relationship with), to perform/execute the agreement, to grant you access to the services (our Software & Services) and to keep record of your history of product purchases through the Software & Services.
  • We process this data on the basis of performance of a contract with you and our legitimate interest (e.g. sign up to the service).
  • If you do not provide us with this information, we cannot complete your purchase and provide you with the product or service you acquired.
  • We will retain this information until forty five (45) days after you have closed your account on the Software & Services. Please note that we may retain it for a longer or shorter period in accordance with data retention laws. We have an internal data retention policy to ensure that we do not retain your information perpetually.
  • For this purpose, we use a payment processing service provider to process your payments who will have access to this information for this purpose. Your payments are processed through such third parties and you shall be subject to their data usage practices when you make a payment, including their retention periods. We recommended that you read the terms, conditions and privacy policies of such third parties before using their payment services. We use AWS for our website and e-store (Ireland), as well as Bezeq International (Israel) for our application servers & Database.


  1. Support, Complaints and Feedback.


  • We use Support Related Information and Technical Information to provide you with support and handle your complaints and feedback. If you have an account with us, we will combine this information with other information we have about you (the user and email address) to help you solve your problems.
  • We process this data on the basis of a legitimate interest (e.g., respond to a query sent by you) and performance of a contract with you.
  • If you do not provide us with this information, we cannot adequately provide you with the support and feedback you require.
  • We will retain this information for up to 120 days. Please note that we may retain it for a longer or shorter period in accordance with data retention laws. We have an internal data retention policy to ensure that we do not retain your information perpetually.
  • For this purpose, we use a third party service provider who will have access to your Support Related Information and Registration and Login Information. This information is required for them to properly address your requests for support, your complaints and feedback. We use AWS for our website and e-store (Ireland), as well as Bezeq International (Israel) for our application servers & Database.
  •  

    Direct Marketing. –We do not process your personal data for direct marketing purposes.

 

When you make Use of, or interact with, the Site, we collect and store the following types of information:

 

  1. Make Use of, or interact with, incredimail.com/ (the “Site”).
  • We use your Technical Information, including cookies, analytic tools, and log files address to:
    • operate, monitor and analyze the Site and provide you with certain features and functionalities on the Site;
    • facilitate and enhance your interaction and activities with the Site; and
    • manage and optimize the Site.
  • We will process this information on the basis of a legitimate interest in being able to provide and improve the functionalities of the Site offered to you. If you are located in the European Union, we also rely on your consent to use cookies.
  • We will retain this information for one year. Also, this depends on the cookie in question. Some cookies (e.g. essential cookies) cannot be disabled. You may also control and delete these cookies through your browser settings.
  • We use Google Analytics and Google Tag Manager which assist in monitoring and analyzing the Site.


  1. When you make use, or interact with, our blog or forum
  • We use your name, email address, messages or comments and any other information that you decide to supply/provide to grant you access to our Forum and support channels and/or address your comments and to create your account for the Forum.
  • We process this data on the basis of performance of a contract with you and legitimate interest (e.g., to grant you access to the Forum).
  • If you do not provide us with this information, we cannot adequately provide you with access to the Forum and other support channels.
  • We will retain this information for two years Please note that we may retain it for a longer or shorter period in accordance with data retention laws. We have an internal data retention policy to ensure that we do not retain your information perpetually.
  • For this purpose, we use a third-party service provider who will have access to the Forum and support channels. This information is required for them to properly address your requests for support We use AWS for our website and e-store (Ireland), as well as Bezeq International (Israel) for our application servers & Database.

 

  1. When you contact us (e.g. customer support, help, submit a request, chat)
  • We use your name, email address, messages or comments and any other information that you decide to supply/provide to process and answer questions, to provide support (e.g., to solve problems, bugs or issues), and to customize your experience.
  • We process this data on the basis of performance of a contract with you and legitimate interest (e.g., to respond to a query sent by you).
  • If you do not provide us with this information, we cannot assist you and respond your query, we cannot provide support and we cannot customize your experience.
  • We will retain this information for 2 years. Please note that we may retain it for a longer or shorter period in accordance with data retention laws. We have an internal data retention policy to ensure that we do not retain your information perpetually.
  • For this purpose, we use a third party service provider who will have access to the contact us information. This information is required for them to properly address your requests for support. We use Zendesk software in order to process customer complaints communication.

 

Other uses:


  1. Disputes and Enforcement; Applicable law, regulations or Enforceable Governmental Request.

 

We use your information and Support Related Information to take action in case of a dispute involving you in connection with the Software & Services and to enforce the terms and conditions applicable to the Software & Services. We also use your information to comply with legal and regulatory requirements (e.g., the disclosure of information to law enforcement or tax authorities), and for our legitimate interests and to protect against fraud, suspicious or other illegal activities.

 

For this purpose, we may share your information with law enforcement or other competent authorities and any third party, as may be required (e.g., to respond to claims or satisfy any legal process, subpoena, or governmental request; or to protect the rights, properly, or personal safety of Perion’s users, its partners, or the general public). We will also share this information with our professional advisors in the scope of this purpose.

 

We will retain this information for the amount of time as required by law to fulfill the above purposes. This may include ensuring that we have an accurate record of your dealings in the event of any complaints or challenges, or if we reasonably believe there is a prospect of litigation relating to your information or dealings.

 

 

Use of Non-personal information:

 

Perion uses non-personal information it collects for the following purposes:

 

  1. To operate and update the Software & Services, and to provide you with existing and new functionality and features of the Software & Services;
  2. to improve, fix and customize the Software & Services;
  3. to monitor, analyze and optimize your use of the Software & Services, including analyzing seasonal and annual usage trends;
  4. to maintain and improve the quality and operation of the Software & Services, including, monitoring view-ability of and interaction with the Software & Services and other products and services provided by Perion.

 

We retain this information for as long as necessary to fulfill our business and/or operational purposes or comply with a legal request. We may also choose to anonymize parts of your information so that it can no longer be identifiable or attributable to any person if we want to keep it for longer periods of time than the retention periods set forth above.


Additional Sharing of information with Third Parties.

 

If you want to receive the list of recipients of your information, please make your request by contacting us to privacy@perion.com

In a nutshell:

We’re using AWS for our website and e-store (Ireland), as well as Bezeq International (Israel) for our application servers & Database. Therefore, we share personal data with them.

We do not share your personal data with other entities of the Perion group.

For more information about the basis of the transfers, please read the transfers section of this Privacy Policy: http://www.incredimail.com/en/home/privacypolicy.

We may also share your information in the following events:

 

  • If, in the future, we sell or transfer some or all of our business or assets to a third party, we will (to the minimum extent required) disclose information to a potential or actual third party purchaser of our business or assets. In the event that we are acquired by or merged with a third party entity, or in the event of bankruptcy or a comparable event, we reserve the right to transfer or assign information in connection with the foregoing events.
  • Where you have provided your consent to us sharing the information (e.g., where you provide us with marketing consents or opt-in to optional additional services or functionality); and
  • Where we receive requests for information from law enforcement or regulators, we carefully validate these requests before any information gives us access to the users’ Gmail account.

 

With respect to sharing of your information, we take appropriate measures to minimize the information that we disclose to the third parties, and we require these third parties (i) to keep the data secured, and (ii) to use the data solely in compliance with this or an equivalent Privacy Policy or subject to appropriate guarantees. In any case other than the above, we will not share your information with third parties without your prior consent.

 

Transferring Personal Information From and Outside of the European Union.

 

We will take appropriate steps to ensure that transfers of your information are in accordance with applicable laws and carefully managed to protect your privacy rights and interests.

 

Storage: We’re using AWS for our website and e-store (Ireland), as well as Bezeq International (Israel) for our application servers & Database. AWS is privacy shield registered and Bezeq is Israel which was declared as “adequate” by the European Commission.

Access from Israel: where your personal data is accessed from Israel, please note that such access from Israel is covered by the European Commission’s Adequacy Decision regarding Israel. You can read more here: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en

External transfers:

 

  • Where we transfer your information outside of EU/EEA, for example to third parties who help provide our products and services, we will obtain contractual commitments from them to protect your information.
  • Some of these assurances are well recognized certification schemes like the EU - US Privacy Shield for the protection of information transferred from within the EU to the United States.
  • Where we receive requests for information from law enforcement or regulators, we carefully validate these requests before any information is disclosed.

Third-Party Content.

 

The Software & Services include content which may be in the form of apps, buttons, gadgets, advertisements, websites, products and services (including search services and advertisements) provided to you by third parties (collectively, "Third Party Content and Services"). The use of such Third Party Content and Services is subject to their privacy policies. In order to clarify, we do not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third Party Content and Services and your access to any Third Party Content and Services is at your own risk. We are not responsible for the information contained and/or made available through, the practices of, or your use or inability to use such Third Party Content and Services. You expressly relieve us from any and all liability arising from your use of such Third Party Content and Services. We recommended that you read the terms, conditions and privacy policies of such Third Party Content and Services before using or accessing any of them.

 

Cookies and Other Technologies.

 

As indicated above, the Software & Services uses services and other technology vendors to operate, monitor and analyze the Site and provide you with certain features and functionalities. In doing so, we collect or allow such third parties to collect, through blocks of code called “pixels” or “web beacons”, certain information about you and send it to our servers and to our partners (either directly or indirectly). We or our partners, package all or part of this information into small text files called Cookies and send the Cookie to your computer. As an example, Cookies stores the web pages you accessed, your interaction with advertisements presented to you via the Software & Services, features you used, your session duration and your configurations and preferences of the Software & Services. You can learn more about cookies on the Internet Advertising Bureau’s website: http://www.allaboutcookies.org.

 

Most browsers are initially set up to accept Cookies but you can reset your browser to refuse all Cookies or to indicate when a Cookie is sent.

 

We make use of log files. The information inside the log files includes internet protocol (IP) addresses, type of browser, Internet Service Provider (ISP), date/time stamp, referring/exit pages, clicked pages and any other information your browser send to us. We use such information to analyze trends, administer the Website, track users’ movement around the Website, and gather demographic information. Log files are also used for security purposes in order to protect our clients.

We make use of analytic tools:

  • Google Analytics. The Website uses a tool called “Google Analytics” to collect information about use of the Website. Google Analytics collects information such as how often users visit this Website, what pages they visit when they do so, and what other websites they used prior to coming to this Website. We use the information we get from Google Analytics to maintain and improve the Website and our products. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Google’s ability to use and share information collected by Google Analytics about your visits to this Website is restricted by the Google Analytics Terms of Service, available at http://www.google.com/analytics/terms/us.html/, and the Google Privacy Policy, available at http://www.google.com/policies/privacy/. You may learn more about how Google collects and processes data specifically in connection with Google Analytics at http://www.google.com/policies/privacy/partners/. You may prevent your data from being used by Google Analytics by downloading and installing the Google Analytics Opt-out Browser Add-on, available at https://tools.google.com/dlpage/gaoptout/.

We reserve the right to use other analytic tools.

 

Minors.  


The Software & Services are not intended for minors in any jurisdiction and you hereby represent that you are not a minor according to you relevant jurisdiction. We do not knowingly collect, use, share or disclose any information from minors. We reserve the right to request proof of age at any stage, so that we can verify that minors are not using the Software & Services.

 

We advise parents and guardians to regularly monitor their children's use of email and other online communications and activities. Control tools that create a safer online environment for children are available from third party online services and software providers.

 

In the event that it comes to our knowledge that a minor is using the Software & Services, we reserve the right to prohibit and block such a user from accessing the Software & Services and to make all efforts to promptly delete any information with regard to such user, as applicable.

 

If you are a parent or guardian who has discovered that your child has submitted his or her information without your consent, please contact us as provided in this Privacy Policy and we will take the necessary steps to remove that information from our database.

 

Your Rights.

 

The following rights (which may be subject to certain exemptions or derogations), shall apply to EU users of the Software & Services (some of which only apply to individuals protected by the GDPR):

 

 

  • You have a right to access information held about you. Your right of access can normally be exercised free of charge, however we reserve the right to charge an appropriate administrative fee where permitted by applicable law.
  • You have the right to ask us to correct inaccurate or incomplete information concerning you.
  • If you no longer want us to use your information, you can request that we erase your information. Please note that if you request the erasure of your information, we will not be able to provide you with and you will not be able to use the Software & Services. We retain some of your information as necessary for our legitimate business interests, such as fraud detection and prevention and enhancing safety. For example, if we suspend use by a user to comply with our legal obligations, including for tax, legal reporting and auditing obligations. Also, for fraud or safety reasons, we may retain certain information about that user from processing another transaction through our Software & Services. We may also retain and use your information to the extent necessary to protect from accidental or malicious loss and destruction, and residual copies of your information may not be removed from our backup systems for a limited period of time.
  • You have a right to restrict the processing of your personal information, for example in case when we no longer need your personal information for the initial purposes for which they were collected, but it still may be required for the establishment, exercise or defense of legal claims.
  • Where you have provided your consent to the processing of your information by Perion you can withdraw your consent at any time by sending a communication to us specifying which consent you are withdrawing. Please note that there may be circumstances in which we are entitled to continue processing your data, in particular if the processing is required to meet our legal and regulatory obligations. You have a right to obtain a portable copy of your information which is processed on the basis of your consent, or which is necessary for the performance of a contract between us. You have a right to have such portable copy of information transferred to another data controller in a structured, commonly used and machine-readable format.
  • You also have a right to request details of the basis on which your information is transferred outside the European Economic Area, but you acknowledge that data transfer agreements may need to be partially redacted for reasons of commercial confidentiality.
  • You have a right to lodge a complaint with your local supervisory authority if you have concerns about how we are processing your information. We ask that you please attempt to resolve any issues with us first, although you have a right to contact your supervisory authority at any time.  

 

We can ask you for additional information to confirm your identity and for security purposes, before disclosing the information requested to you. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive.

 

By logging on to your account on the Software & Services, you can (i) retrieve your email address, profile image and your creations, and (ii) change and delete this information. To exercise your other rights, you contact us directly – please see the “How to Contact Perion” section for how to contact us: http://www.incredimail.com/en/home/privacypolicy.

 

You can exercise your rights by contacting us at privacy@perion.com. Subject to legal and other permissible considerations, we will make every reasonable effort to honor your request promptly or inform you if we require further information in order to fulfil your request.   

 

In the event that your request, for example, would impact the duty of confidentiality we owe to others, or if we are legally entitled to deal with your request in a different way than initially requested, we will address your request to the maximum extent possible, all in accordance with applicable law.

 

How we Protect your Information.

 

Security. We have implemented and will maintain appropriate technical and organizational security measures, policies and procedures designed to reduce the risk of accidental destruction or loss, or the unauthorized disclosure or access to such information appropriate to the nature of the information concerned. However, please note that we cannot guarantee that the information will not be exposed as a result of unauthorized penetration to our servers. As the security of information depends in part on the security of the computer, device or network you use to communicate with us and the security you use to protect your user IDs and passwords, please make sure to take appropriate measures to protect this information.

 

Retention of your information. In addition to the retention periods mentioned in How Perion Uses Your Information (http://www.incredimail.com/en/home/privacypolicy) above, in some circumstances we may store your information for longer periods of time, for example (i) where we are required to do so in accordance with legal, regulatory, tax or accounting requirements, or (ii) for us to have an accurate record of your dealings with us in the event of any complaints or challenges, or (iii) if we reasonably believe there is a prospect of litigation relating to your information or dealings.

 

Do Not Track.

 

Do Not Track is a privacy preference that can be configured in certain web browsers (the "DNT Feature"); the DNT Feature, when enabled on a web browser, signals the websites you visit that you do not want certain information about your visit collected. Perion does not currently respond or recognize DNT Feature signals.


Complaints.

 

If you have any complaints on our processing of your information or if you believe that we have breached our own privacy policies or applicable law, we encourage you to contact us. However, please note that applicable EU data protection laws provide you with a right to lodge a complaint with the competent supervisory authority as well.


Notice to Californian Residents – Your California Privacy Rights.

 

California residents who provide us with certain types of personal information (as defined under California Civil Code Section 1798.83 (also known as California’s “Shine the Light” law)) are entitled to request and obtain from us once a calendar year information about the personal information we shared, if any, with other businesses for their own direct marketing use. To make such a request, please contact us through the email or physical address under the “How to Contact Perion” section below.

 

When making such a request, please ensure that you write in the subject line and the body of your message “Request for California Privacy Information”.

 

Please be aware that not all information sharing is covered by California’s “Shine the Light” law.


Changes to This Privacy Policy.

 

This Privacy Policy can be updated from time to time and therefore we ask you to check back periodically for the latest version of the Privacy Policy, as indicated above. If there will be any significant changes made to the use of your information in a manner different from that stated at the time of collection, we will notify you by posting a notice on our Site or by other means.

 


How to Contact Perion.

 

If you have any concerns or questions with respect to any matter covered by this Privacy Policy, you can contact Perion at: privacy@perion.com or at the following address:

 

Perion Network Ltd.

Attention: General Counsel

26 HaRokmim Street, Azrieli Center 1

Building A, 4th Floor

Holon 5885849

Israel

 

Last updated: June, 18 2019.

 

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