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PRIVACY POLICY AND TERMS OF USE
Bend It Technologies Ltd.

 

  1. About this Policy and Terms of Use

This privacy policy (the “Policy”) and terms of use describes how Bend It Technologies Ltd. (“Bend it” or “we”) handles your personal information on this Website (www.bendittech.com) and how we protect your privacy during your visit.   It also describes terms of use for our Website.

If we make material changes to this Privacy Policy that affect the way we collect, use and/or share your personal information, we will notify you by including an “Updated” label with the “Privacy Policy” link for 30 days after material changes.  For information on how to contact us if you ever have any questions or concerns about our privacy policy, please contact us by emailing our privacy contact at privacy@bendittech.com.

  1. Information We Collect

We have set out below the type of information we may collect and how we collect it.

  • Non-Personal Information Collected from Use of our Website. When you visit and navigate through our Website, we may collect the following information from your computer’s web browser.
  • the type of web browser software you use (for example, Internet Explorer)
  • the name of the domain from which you access the Internet
  • the Internet address of the website from which you linked directly to our Website
  • the date and time you access our Website
  • the geographic location of the server you use to access our Website
  • which pages you have visited on our Website
  • the search terms you use
  • the links on which you click

If you only read or download information on our Website, we do not collect or learn your name, e-mail address, home address, or other personal information about you.

Although the Website does not uses Cookies currently.  We intend to use Cookies in the near future. Please make sure to review our policy if you see the “updated” label.

  • Personal Information Provided by You or a Third Party on Your Behalf
  • Registration Data. We may collect your personal data that you voluntarily provide to us, such as when you contact us electronically. You may be asked to provide your first and last name, gender, profession, employer, date of birth, email address, home/business address, phone number, and a password.
  • Healthcare Providers. If you are a healthcare provider, we may request additional information, such as professional details such as your job title, your professional field of expertise, your professional credentials, data related to your membership of associations and boards and any other professional affiliations you may have, and data relating to scientific research, publication of your research and articles, adverse event data and data related to your use of our products and your interactions with us.
  • Adverse Events.  If you have used one of our products, we may be notified by you or by someone acting on your behalf either directly or via our Website that an adverse event may have occurred.   We take the steps required by applicable regulations that may include collection of personal identifiable information and treatment information related to your experience with a Bend It product. When notified of a potential adverse event, the associated information is collected and used exclusively for the purposes required by applicable law and regulations
  1. How we Use the Information We Collect.

 

  1. Use of Non Personal Information.

We will use the information referenced in Section 2A as well as personal information that has been made non-personal or anonymized (i.e., information that no longer reflects or references an individually identifiable user) (collectively “Non Personal Information”) to help make this Website more useful to visitors.  We will also use this Non Personal Information for other business purposes. For example, we may use Non Personal Information to:

  • create reports for internal use to develop programs, products, services or content
  • customize the information or services that are of interest to you
  • provide aggregated information on how visitors use our site, such as “traffic statistics” and “response rates,” to third parties
  1. Use of Personal Information.

We will use your Personal Information (described in Section 2B) to allow you to use the Website and in addition:

  • to respond to your requests
  • to personalize your access to our Website
  • to develop records, including records of your personal information
  • to contact you with information that might be of interest to you, including information about clinical trials and about products and services of ours and of others
  • for analytical purposes and to research, develop and improve programs, products, services and content
  • for healthcare providers, to link your name, National Provider Identifier (NPI), license number, and/or your IP address to web pages you visit, for compliance, marketing, and sales activities
  • to remove your personal identifiers (your name, e-mail address, social security number, etc.). In this case, you would no longer be identified as a single unique individual. Once we have de-identified information, it is non-personal information and we may treat it like other non-personal information.
  • to enforce this Privacy Statement and other rules about your use of this Website
  • to protect our rights or property
  • to protect someone’s health, safety or welfare
  • to comply with a law or regulation, court order or other legal process
  1. Legal basis for processing

We process personal data for the purposes set out in this Privacy Policy, as described above. We will only collect, process or share your personal data if we are satisfied that we have an appropriate legal basis to do this.  Our processing is necessary for the purposes of legitimate interests pursued by us in order to: (i) to keep our customers and suppliers informed about our business services; (ii) to evaluate, develop and improve our products and Website; (iii) to respond appropriately to queries received about our business and products; (iv) to prevent fraud; (v) to protect our business interests; and (vi) to ensure complaints are investigated.  We may also process your personal data because it is necessary for a contract that you are a party to or are negotiating.  It may be necessary to process your personal data to comply with a legal obligation.  We may also use your personal data for purposes that are compatible with the purposes we have described to you including archiving purposes in the public interest, scientific research or statistical purposes, if permitted by data protection laws.

Where we have no other valid legal basis to process personal data, it will be processed based on your consent, which may subsequently be withdrawn at any time by emailing our privacy contact at privacy@bendittech.com. 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.

  1. Your rights under local laws

Subject to certain exemptions, and in some cases dependent upon the processing activity we are undertaking, you may have, under certain applicable laws, some or all of the following rights in respect to your Personal Information.  We specifically mention the General Data Protection Regulation (“GDPR”), a European Union wide legal framework for the standardization of data protection.  If you are an EU resident, you should consult the GDPR for more information on your rights.

  • 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.

If you wish to issue a request to exercise your rights where applicable by law, please contact our Privacy Office at privacy@bendittech.com. Please provide your name and contact information along with the request.  When we receive a request to exercise one of these rights, we will indicate what personal information we require from you to validate your identity. We will also provide information on the action we intend to take on the request without undue delay. Please note, these requests are subject to applicable legal or document retention obligations imposed on us

  1. Sharing your personal data

We do not share, sell, or otherwise disclose your personal data for purposes other than those outlined in this Privacy Policy. However, we may disclose personal data that we collect from you or that you provided to us to the following recipients for the purposes described below:

  • To contractors, service providers, and other third parties we use to support our activities and who are bound by contractual obligations to keep personal data confidential and use it only for the purposes for which we disclose it to them, such as persons who perform maintenance on our computer systems.
  • We may also share your information with appropriate regulatory authorities and/or service providers in relation to our adverse event reporting obligations.
  • We may also share your personal information with a potential buyer of Bend It or in connection with (a) the sale, assignment, or other transfer of our business (or significant part thereof), in which case we will require any such buyer to agree to treat it in accordance with applicable data protection legislation; or when required by applicable laws, court orders, or government regulations.

We take proper steps to ensure that recipients of your personal data are bound to duties of confidentiality and we implement data protection contractual clauses to ensure that any transferred Personal Data, remains protected and secure.

  1. Data Retention

We keep your personal data electronically only as long as required for the purposes set out above or as required to comply with any legal obligation to which Bend It is subject.  We will delete, destroy, or anonymize data that is no longer needed for the purposes.

  1. Minors

Our Website is directed at adults and not at children.  We do not knowingly collect personal information directly from children (persons under the age of 13, or another age if required by applicable law). However, we will collect personal data regarding children from their parents or guardians (if it pertains to use of our product in a child).   If you are a parent or guardian of a child who has provided personal information without your knowledge and consent, you may request we remove this child’s information by emailing our Privacy Office at privacy@bendittech.com.

 

  1. Links to Third Party Sites

At this point, we would also like to remind you that we may provide additional links to resources we think you will find useful.   These links will lead you to sites that are not affiliated with Bend It and may operate under different privacy practices. You are responsible for reviewing the privacy policies for such other websites, as we have no control over information that is submitted to other sites.

  1. Transfers of Data Outside of the EU

 

If you are an EU resident, please note that there are certain limitations on transfer of data outside of the EU.  Bend It’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) agreed to adhere to stringent contractual provisions to guarantee that your data is adequately safeguarded.

  1. NO WARRANTIES.

ALL CONTENT ON THE WEBSITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS.  BEND IT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  BEND IT MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE.  BEND IT RECOMMENDS THAT BEFORE MAKING ANY MEDICAL DECISIONS, YOU CONSULT WITH APPROPRIATE HEALTHCARE REPRESENTATIVES. BEND IT MAKES NO REPRESENTATION THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.  YOU ARE RESPONSIBLE FOR ENSURING THAT ANY CONTENT THAT YOU MAY OBTAIN FROM THIS WEBSITE IS FREE OF VIRUSES AND MALICIOUS CODE.

  1. LIMITATION OF LIABILITY.

YOU AGREE THAT NEITHER BEND IT NOR ANY PERSON OR COMPANY ASSOCIATED WITH BEND IT SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS ON THIS WEBSITE.   THE TOTAL LIABILITY OF BEND IT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, IF ANY FOR LOSSES OR DAMAGES SHALL BE LIMITEED TO THE AMOUNT OF ACTUAL DAMAGES BUT SHALL NOT EXCEED $50.00.  THE LIMITATION OF LIABILITY MAY NOT BE EFFECTIVE IN SOME JURISDICTIONS.