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Terms And Conditions
Capitalise Terms of Use
IMPORTANT: BY USING THE SERVICES (DEFINED BELOW) YOU ACCEPT THE
FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND
CONDITIONS SET FORTH HEREIN PLEASE DO NOT USE THE SERVICES.
1. Acceptance of Terms
The following instrument consists of the terms and conditions governing
your ("you" or "user")
access to and use of Capitalise Ltd.’s ("Capitalise" or
"We") proprietary web and application platform
generally known as Capitalise and the content, features and services
therein (collectively, the
"Services"). These Capitalise TERMS OF USE together with
the Capitalise Privacy Policy available
at www.capitalise.ai (the "Terms") constitute a binding
agreement between you and Capitalise, and by
continuing to use the Services (in whole or in part) in any way or manner
you agree to abide by, and
be bound, by these Terms. If you do not understand and/or agree to these
Terms, you should
immediately exit the Services and cease making any use of the Services.
We may unilaterally change or add to the terms of these Terms at any time.
In the event of a material
change, We shall notify you via email or by means of a prominent notice on
the Services. You should
check our Services periodically and review changes to the Terms at the
following
URL: www.capitalise.ai . By continuing to use the Services following such
modifications, you agree
to be bound by such modifications.
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE IN
SECTION 13 BELOW. EXCEPT FOR CERTAIN TYPES OF DISPUTES, AS EXPLAINED
SECTION 13, YOU AND CAPITALISE AGREE THAT DISPUTES BETWEEN US WILL BE
RESOLVED BY MANDATORY BINDING INDIVIDUAL ARBITRATION, AND YOU AND
CAPITALISE WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR
CLASS-WIDE ARBITRATION.
2. License
Subject to the terms and conditions set forth herein, Capitalise hereby
grants to you, and you accept, a
personal, nonexclusive, non-transferable, non-sublicensable, revocable,
limited license to access and
make personal non-commercial use of the Services, only according to the
terms of these Terms. The
license may be terminated by Capitalise at any time.
3. Limitations on Use
You undertake hereby represent that you are at least eighteen (18) years
old. Except as specifically
permitted herein, you agree not to (i) sell, license (or sub-license),
lease, assign, transfer, pledge, or
share your account and/or any of your rights under these Terms with/to any
third party; (ii) transfer,
distribute, scrap, copy all or any part of the Services and/or the
Capitalise IPR (as defined below)
and/or use the Services as a service bureau; (iii) syndicate any part of
the Services or refer to the
Services by use of framing; (iv) make use of the Services in any
jurisdiction where same are illegal or
which would subject Capitalise or its affiliates to any registration
requirement within such jurisdiction
or country; (v) access the Services through or use with the Services any
automated or unauthorized
means, services or tools including without limitation any data mining,
robots, or any other automated
means or data gathering and extraction tools, including without limitation
in order to extract for re-
utilization of any parts of this Services; (vi) perform any act that
destabilizes, interrupts or encumbers
the Services or their servers or use “load testers”, that enable sending
more calls to the servers of the
Services, in a given period of time, than a human can reasonably send in
that time period by using the
Services; (vii) copy, modify, translate, reverse engineer, decompile,
disassemble (except to the extent
applicable laws specifically prohibit such restriction), make any attempt
to discover the source code of
the Services and/or any other software available on the Services or create
derivative works thereof;
(viii) create false personas, multiple identities, set up an account on
behalf of someone other than
yourself or create another account after We have already disabled your
account; (ix) attempt to
interfere with, hack into or decipher any transmissions to or from the
servers for the Service; (x)
download or otherwise export or re-export the Services or underlying
information or technology (a)
into (or to a national or resident of) Cuba, Iraq, Libya, North Korea,
Lebanon, Iran, Syria or any other
country to which the U.S. and/or Israel has embargoed goods and services;
or (b) to anyone on the
U.S. Treasury Department's list of Specially Designated Nationals
or the U.S. Commerce
Department's Table of Denial Orders.
You are solely responsible for obtaining, paying for, repairing and
maintaining all the equipment,
software, hardware and services required for getting access to and using
the Services.
4. Ownership of Proprietary Rights
The Services, including without limitation any underlying data, software,
platforms, algorithms,
technology, application design, any information, logos, trade-names and
brands, services, text,
application "look and feel" and features, Feedback
(defined below) and any enhancements,
improvements and derivatives thereof and all Intellectual Property Rights
related thereto ("Capitalise IPR") are the property of Capitalise and/or its licensors, as the
case may be, who retain all right, title
and interest in connection therewith.
No transfer or grant of any rights by Capitalise is made or is to be
implied by any provision of these
Terms or by any other provision contained in the Services with respect to
the Capitalise IPR or
otherwise, except for the limited license set forth in Section 2 above.
"Intellectual Property Rights" means worldwide, whether
registered or not (a) rights associated with
works of authorship, designs, mask works and photography including
copyrights; (b) trademarks,
service marks, domain names, logos, trade names, trade dress, the right to
publicity and goodwill
rights; (c) patents, patent applications and industrial designs; (d) trade
secrets; (e) rights analogous to
those set forth herein and any other proprietary rights relating to
intangible property; (f) divisions,
continuations, renewals, reissues and extensions of the foregoing (as
applicable) now existing or
hereafter filed, issued, or acquired.
5. Your Instructions
5.1 Your Content. You shall have sole responsibility and liability for any
instructions you submit
to the Services and for your use of the Services ("Your Use"). You acknowledge that nothing
prevents or limits Capitalise's or any other user's right
to use the same or similar instructions.
5.2 Representations and Warranties. You represent and warrant to Capitalise
that: (i) Your Use
comply with and will comply with all applicable laws, rules and
regulations, the Terms and
will not infringe the rights of any third party, including without
limitation any Intellectual
Property Rights; (ii) you have, and will have at all times, all rights,
licenses and consents
required for your use of the Services.
6. Your Account
You may be required to open an account on the Services or interface with
the Services through an
account of a third party trading platform provider. You are solely
responsible for any actions
performed in the Services under your credentials. Keeping your credentials
safe is your sole
responsibility. If you have any reasons to suspect that your credentials
were discovered by any third
party or that there was an unauthorized access to your account you will
immediately notify Capitalise
and your trading platform provider and modify your login information.
Notwithstanding anything to the contrary herein, if you send us ideas,
suggestions, inventions, or
materials regarding the Services ("Feedback"), we shall:
(i) own all right, title and interest in and to
the Feedback without any restriction; (ii) not be subject to any obligation
of confidentiality, other than
in respect of your personally identifiable information; and (iii) be
entitled to unrestricted use of the
Feedback for any purpose whatsoever, without compensation or credit to you
or any other person.
7. Privacy
Capitalise 's privacy practices are governed by Capitalise
's privacy policy, the most updated copy of
which can be found at www.capitalise.ai ("Privacy Policy").
8. Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICES AND/OR THE CAPITALISE IPR SHALL
BE AT YOUR OWN RISK. THE SERVICES, INCLUDING WITHOUT LIMITATION
CAPITALISE IPR ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND
EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, CAPITALISE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
THE SERVICES ARE PROVIDED MERELY AS A TOOL TO BE USED BY YOU. CAPITALISE
DOES NOT PROVIDE ANY ADVICE, CONSULTATION, ADVERTISEMENT, OFFER OR
SOLICITATION FOR THE PURCHASE OR SALE OF ANY INVESTMENT OR SECURITIES.
CAPITALISE DOES NOT PROVIDE ANY ADVICE OR CONSULTATION REGARDING THE
USE OR PURPOSE OF USE OF THE SERVICES AND DOES NOT ENDORSE ANY OUTPUT OF
THE SERVICES AND/OR ANY DATA USED THEREWITH, INCLUDING WITHOUT
LIMITATION ANY MARKET INDICATION OR RESEARCH RESULTS. WITHOUT
DEROGATING FROM THE FOREGOING AND FOLLOWING DISCLAIMERS, CAPITALISE IS
NOT A PARTY TO, AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY WITH
RESPECT TO ANY INVESTMENT OR TRADING ACTIONS OR DECISIONS MADE IN
CONNECTION AND/OR AS A RESULT OF USING THE SERVICES. ALL USE OF AND
RELIANCE ON THE SERVICES AND THEIR RESULTS SHALL BE SOLELY UNDER YOUR
RESPONSIBILITY AND LIABILITY.
CAPITALISE DOES NOT WARRANT THAT THE CAPITALISE IPR AND/OR SERVICES
WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THESE SERVICES OR THE
SERVER(S) THAT MAKES THESE SERVICES AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. YOU ARE ADVISED TO VERIFY WITH YOUR TRADING
PLATFORM PROVIDER THAT ALL OF YOUR INSTRUCTIONS WERE TRANSMITTED
SUCCESSFULLY.
CAPITALISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE RESULTS OF THE USE OF THE CAPITALISE IPR OR SERVICES
INCLUDING WITHOUT LIMITATION THEIR CORRECTNESS, ACCURACY, RELIABILITY,
AVAILABILITY OR OTHERWISE. YOU ARE RESPONSIBLE FOR TAKING ALL
PRECAUTIONS NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM,
DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OR
RELIANCE UPON THE SERVICES AND/OR ANY OF THE CAPITALISE IPR.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED
WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY
TO YOU.
9. Limitation of Liability
TO THE MAXIMUM PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES
WHATSOEVER WILL CAPITALISE AND ITS AFFILIATES, PARTNERS, OFFICERS,
DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTS
AND SUPPLIERS BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL
THEORY, WHETHER CONTRACT, TORT OR OTHERWISE FOR ANY DIRECT,
COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL INCLUDING WITHOUT
LIMITATION ANY LOST PROFITS AND LOST BUSINESS OPPORTUNITIES, BUSINESS
INTERUPTION, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR
RELATE IN ANY MANNER WHATSOEVER TO YOUR USE OF THE SERVICES, OR
RELIANCE ON ANY OF THE CAPITALISE IPR OR TO ANY ERRORS, INACCURACIES,
OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM
BY CAPITALISE. WITHOUT DEROGATING FROM THE FOREGOING, IF DESPITE THE
FOREGOING CAPITALISE WILL BE FOUND LIABLE OR RESPONSIBLE BY A COMPETENT
AUTHORITY, UNDER ANY LEGAL THEORY, CAPITALISE'S AGGREGATE LIABILITY
SHALL NOT EXCEED 100$.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU RECOGNIZE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIABILITY
AND REMEDY LIMITATIONS IN THESE TERMS ARE MATERIAL BARGAINED FOR BASIS
OF THESE TERMS AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND
REFLECTED IN THE DECISION BY YOU TO ENTER INTO THESE TERMS.
10. Indemnification
You agree to defend, indemnify and hold Capitalise and anyone on its
behalf, including but not
limited to, all of its owners, managers, officers, affiliates, employees,
licensors and suppliers harmless
against any losses, expenses, costs, claims, damages (including
attorneys' fees, expert fees' and other
costs of litigation) arising from, incurred as a result of, or in any
manner related to: (i) any use of your
account and/or Your Use; (ii) any third party claim in respect of Your Use;
(iii) any breach of these
Terms.
11. Third Party Content
The Services include resources and content provided by third parties or
links to third party services
("Third Party Content"). Capitalise is not and shall not
be liable or responsible for any Third Party
Content and does not control its availability. Should you leave the
Services via a link or use Third
Party Content, you do so at your own risk. In as much as you are redirected
to linked sites,
applications and content, We recommend you to carefully read and abide by
the terms of use and
privacy policies of such applications, sites and content.
12. Termination
We may terminate these Terms and/or suspend your right to access or use any
portion or all of the
Services and/or Capitalise IPR immediately (including without limitations
the license set forth in
Section 2 above), at our sole discretion without notice. Upon termination
you shall immediately cease
using the Services and the following Sections shall survive: 1,3, 4, 5.2,
7-14.
13. Arbitration, Class Waiver, and Jury Waiver
13.1 Applicability of Arbitration Agreement. All claims and disputes
arising out of or relating to
these Terms or the use of the Services that cannot be resolved in small
claims court will be
resolved by binding arbitration on an individual basis
("Disputes"), except that you and
Capitalise are not required to arbitrate any dispute for enforcement or
infringement of either
party's Intellectual Property Rights ("Excluded Disputes"). Any and all Disputes relating to,
arising out of, or in any way in connection with your rights of privacy and
publicity are not
Excluded Disputes.
13.2 Arbitration Rules. The Federal Arbitration Act governs the
interpretation and enforcement of
this dispute-resolution provision. Arbitration will be initiated through
the American
Arbitration Association ("AAA"). If the AAA is not
available to arbitrate, the parties will
select an alternative arbitral forum. The rules of the arbitral forum will
govern all aspects of
this arbitration, except to the extent those rules conflict with these
Terms. The AAA Consumer
Arbitration Rules governing the arbitration are available online at
www.adr.org or by calling
the AAA at 1-800- 778-7879. The arbitration will be conducted by a single
neutral arbitrator.
Any Disputes where the total amount sought is less than $10,000 USD may be
resolved
through binding non-appearance- based arbitration, at the option of the
party seeking relief. For
Disputes where the total amount sought is $10,000 USD or more, the right to
a hearing will be
determined by the arbitral forum's rules. Any judgment on the award
rendered by the arbitrator
may be entered in any court of competent jurisdiction.
13.3 Additional Rules for Non-appearance Arbitration. If non-appearance
arbitration is elected,
the arbitration will be conducted by telephone, online, written
submissions, or any
combination of the three; the specific manner will be chosen by the party
initiating the
arbitration. The arbitration will not involve any personal appearance by
the parties or
witnesses unless the parties mutually agree otherwise.
13.4 Authority of the Arbitrator. The arbitrator will decide the
jurisdiction of the arbitrator and
the rights and liabilities, if any, of you and Capitalise. The dispute will
not be consolidated
with any other matters or joined with any other cases or parties. The
arbitrator will have the
authority to grant motions dispositive of all or part of any claim or
dispute. The arbitrator will
have the authority to award monetary damages and to grant any non-monetary
remedy or relief
available to an individual under applicable law, the arbitral
forum's rules, and the Terms. The
arbitrator will issue a written award and statement of decision describing
the essential findings
and conclusions on which the award is based, including the calculation of
any damages
awarded. The arbitrator has the same authority to award relief on an
individual basis that a
judge in a court of law would have. The award of the arbitrator is final
and binding upon you
and Capitalise.
13.5 Waiver of Jury Trial. YOU AND CAPITALISE WAIVE ANY CONSTITUTIONAL AND
STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A
JUDGE OR A JURY, OTHER THAN IN RESPECT OF EXCLUDED DISPUTES. You and
Capitalise are instead electing to have claims and disputes resolved by
arbitration. In any
litigation between you and Capitalise over whether to vacate or enforce an
arbitration award,
YOU AND CAPITALISE WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to
have the dispute be resolved by a judge.
13.6 Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES
WITHIN THE
SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR
LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF
MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED
JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
If, however, this waiver of class or consolidated actions is deemed invalid
or unenforceable,
neither you nor we are entitled to arbitration; instead all claims and
disputes will be resolved in
a court as set forth in Section 13(12) below.
13.7 Confidentiality. No part of the procedures will be open to the public
or the media. All
evidence discovered or submitted at the hearing is confidential and may not
be disclosed,
except by written agreement of the parties, pursuant to court order, or
unless required by law.
Notwithstanding the foregoing, no party will be prevented from submitting
to a court of law
any information needed to enforce this arbitration agreement, to enforce an
arbitration award,
or to seek injunctive or equitable relief.
13.8 Right to Waive. Any rights and limitations set forth in this
arbitration agreement may be
waived by the party against whom the claim is asserted. Such waiver will
not waive or affect
any other portion of this arbitration agreement.
13.9 Opt-out. You may opt out of this arbitration agreement. If you do so,
neither you nor
Capitalise can force the other to arbitrate. To opt out, you must notify
Capitalise in writing no
later than thirty (30) days after first becoming subject to this
arbitration agreement. Your
notice must include your name and address, your Capitalise username and the
email address
you used to set up your Capitalise account (if you have one), and an
unequivocal statement
that you want to opt-out of this arbitration agreement. You must send your
opt-out notice to
this address: info@capitalise.ai.
13.10 Small Claims Court. Notwithstanding the foregoing, either you or
Capitalise may bring an
individual action in small claims court.
13.11 Arbitration Agreement Survival. This arbitration agreement will
survive the termination of
your relationship with Capitalise.
13.12 Venue for Excluded Disputes. Excluded Disputes shall be governed by
and construed in
accordance with the laws of Israel, without regard to the principles of
conflict of law therein.
The parties consent to the exclusive jurisdiction of the courts of Tel
Aviv-Jaffa in respect of
Excluded Disputes and hereby submit themselves to the jurisdiction of these
courts.
13.13 U.N. Convention. The application of the United Nations Convention of
Contracts for the
International Sale of Goods or other international laws is expressly
excluded, whether the
claim is in arbitration or at court.
14. General
(i) if any provision of these Terms is held to be unenforceable, such
provision shall be reformed only
to the extent necessary to make it enforceable and if such provision is
determined to be invalid or
unenforceable nonetheless, the provision shall be deemed to be severable
from the remainder of these
Terms and shall not cause the invalidity or unenforceability of the
remainder of these Terms; (ii) You
acknowledge and agree that Capitalise has the right, at any time and for
any reason, to redesign or
modify the Capitalise IPR and other elements of the Services or any part
thereof; (iii) these Terms are
the entire agreement between you and Capitalise regarding the subject
matter herein and these Terms
shall not be modified except by a written instrument executed by both
parties; (iv) Capitalise may
assign these Terms, in whole or in part, in its sole discretion. You are
not entitled to assign or
otherwise transfer the Terms, or any of your rights or obligations
hereunder, to any third party without
the prior written consent of Capitalise. Any unauthorized assignment will
be void and of no force or
effect; (v) no provisions of these Terms are intended or shall be construed
to confer upon or give to
any person or entity other than you and Capitalise any rights, remedies or
other benefits under or by
reason of these Terms; (vi) Capitalise's failure to enforce any
rights granted hereunder or to take action
against you in the event of any breach hereunder shall not be deemed a
waiver by Capitalise as to
subsequent enforcement of rights or subsequent actions in the event of
future breaches; (vii) all
waivers must be in writing. Any waiver or failure to enforce any provision
of these Terms on one
occasion will not be deemed a waiver of any other provision or of such
provision on any other
occasion; (viii) ANY CAUSE OF ACTION INITIATED BY YOU AND ARISING OUT OF OR
RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE
CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY
BARRED AND YOU SHALL BE DEEMED TO WAIVE ANY CLAIM YOU MAY HAVE IN
ESPECT THEREOF.
If you have any further questions or require further clarification, please
contact us by sending an e-mail to: info@capitalise.ai
Last updated August 22, 2017
Privacy Policy
The following statement sets out details of the policy adopted by Capitalise Ltd. (“Capitalise” or “We”) to gather and disseminate information, (the “Privacy Policy”).
The Privacy Policy outlines the types of personal and other data (as defined below) that we gather about people, how we collect and make use of such data, including saving, processing and sharing the data with third parties, etc.
Whenever in this Privacy Policy that we refer to “you” or “yours”’ the intention is to all users who make use of our services (as defined below) and the personal data and other data (as defined below) refers to him or her.
We collect personal data and other data (as defined below) through: (1) websites operated by us and other websites owned or controlled by Capitalise (collectively, the “Websites”); (2) through our social media pages that we control (collectively, our “Social Media Pages”);
By using the Services, you agree to the terms and conditions of this Privacy Statement. Please read this Privacy Statement carefully.
Capitalise serves as a Data Controller and in some other cases, also serves as a data processor (depends on the brokers terms\agreement) of Personal Data about you.
You are aware that your Personal Data as defined below, may be stored in Capitalise database and that providing the Personal Data is subject to your wish and your consent.
However, if you do not provide us with the Personal Data that we request, or prohibit us from collecting such data, we may not be able to provide you with the Services.
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Collection of Personal Data and of Other Data
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“Personal Data” means data that identifies you as an individual or relates to an identifiable individual. We collect Personal Data, such as:
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Contact information (Name, IP address, email address, phone number);
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Demographic data (Regional and language settings);
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Cookie information, search history, device ID, software and hardware attributes.
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“Other Data” means data that does not reveal your specific identity or does not relate to an individual directly. We collect Other Data, such as, browser and device data including data collected through cookies, pixel tags and other technologies, aggregated data relative to your online activity on the platform, and responses to promotional offers and surveys.
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In some instances, we may combine Other Data with Personal Data (such as combining your name with your location). If we do, we will treat the combined data as Personal Data as long as it is combined.
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If you submit any Personal Data about other people to us or our service providers, you represent that you have the authority to do so and you permit us to use the data in accordance with this Privacy Statement.
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How We Collect Personal Data and Other Data:
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We collect Personal Data and Other Data in a variety of ways:
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Online platform. We collect Personal Data when you use our platform or receive our services, communicate with us, or otherwise connect with us or post to social media pages, or sign up for a newsletter or participate in a survey, promotional offer or submit a job application.
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Other Sources. We may receive Personal Data about you from other third parties. This may include information from your broker, state authorities in order to meet legal requirements, surveys companies and our sub-contractors and services providers, etc.
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Automatic Information: When you use or interact with our website and/or use any apps that we may make available on our website, we receive and store information generated by your activity and information automatically collected from your browser or mobile device. For example, like many websites, we obtain certain information when your web browser accesses our website including your IP address, browser type, operating system, mobile network data, pages viewed and access times. This information helps us to communicate with our customers and provide them with our Services.
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Support service. We collect Personal Data when you communicate with our support center over the web, communicate with us by email, or via online chat services or contact customer service. These communications may be recorded for purposes of quality assurance.
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Aggregated Data. We may aggregate data that we collect and this aggregated data will not personally identify you or any other user.
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Use of Personal Data and Other Data:
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We use Personal Data and Other Data for one or more of the purposes detailed below:
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Usage of our platform: We may process information relating to transactions that you enter into with us and/or through brokers' websites ("Transaction Data"). The transaction data may be processed for the purpose of supplying our services, customizing our services to your preferences, and keeping proper records of those transactions.
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Response to inquiries: We may process information contained in or relating to any communication that you send to us ("correspondence data"). The correspondence data may include the communication content and metadata associated with the communication. The correspondence data may be processed for the purposes of communicating with you and record-keeping.
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Internal Business Purposes: For our internal business purposes, enhancing the website, improving our services, identifying usage trends and visiting patterns, determining the effectiveness of our promotions, predicating our yield and occupancy, and meeting contractual obligations.
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Administrative and other communications: To send you important information regarding our platform, changes to our terms, conditions, and policies, or other administrative information.
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Marketing and promotions: To communicate news and promotions to you regarding Capitalise related services we think may be of interest to you.
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Safety and security: To maintain your safety and security as well as that of other users, while you use Capitalise's services.
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Our legal duties: To comply with legal and regulatory requirements or demands in accordance with applicable law, regulations, or other legal process.
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We may use some or all of the Personal Data and Other Data in order to perform certain statistical calculations, this research may be compiled and analyzed on an aggregate basis, and we may share this aggregate data with our affiliates, agents and business partners.
However, that none of these calculations shall include any personally identifiable information or details.
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The legal basis for processing your Personal Data is made up of one or more of the following reasons:
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Your consent.
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Providing the Services.
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Compliance with applicable laws, regulations or other legal process.
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Legitimate Business Interest.
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Disclosure of Personal Data and Other Data:
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We share Personal Data and Other Data with the following:
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Brokers, in order to provide better service experience based upon your preferences and strategies;
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Service Providers and suppliers that assist us in providing services. Examples of such service providers and suppliers are legal advisers, accountants, suppliers of payment services etc.
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Our marketing and advertisement partners to provide you with more-relevant ads and to encourage you to keep using the platform. These partners will not use your data for any other purpose than our legitimate interest of direct marketing and you will always have the right to object.
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We may disclose or transfer your Information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of Capitalise business and assets (including any bankruptcy or similar proceedings).
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We may also disclose Personal Data as we believe to be necessary or appropriate: (a) to comply with applicable law; (b) to comply with legal process; (c) to respond to requests from public and government authorities, (d) to enforce our terms and conditions; (e) to protect our operations; (f) to protect the rights, privacy, safety or property of Capitalise , of you or of others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
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Cross-Border Transfer
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As a general principal, any data processing is held within European Union (“EU”) and Israel borders including processing by our third parties.
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Notwithstanding, some information might be held on a cloud which might be held outside the borders of Israel or in the EU. The operator of such services undertakes to comply with the General Data Protection Regulations provisions. In this specific case, be sure that we will verify that appropriate measures have been put in place to ensure that your Personal Data benefits from an adequate level of protection (in particular through standard contractual clauses of the European Commission, the Internal Company Rules or the Data Protection Shield set up between the European Union and the United States).
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How You Can Access, Change, or Limit the Use of Your Personal Data
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If you reside in the EU the following provisions will apply to you:
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The right to information on the processing of your Personal Data. We strive to provide you with concise, transparent, understandable and easily accessible information on the conditions for processing your personal data, in clear and simple terms.
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The right to access, rectify, delete your Personal Data. The right of access allows you to obtain from us confirmation that your Personal Data have or have not been processed as well as the conditions of such processing, and to receive an electronic copy (for any additional copy, we are entitled to demand payment of any reasonable fees based on the administrative costs incurred).
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The right to obtain from us the rectification of your Personal Data.
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Subject to the exceptions provided by applicable law, you have the right to ask us to delete your Personal Data, when one of the following grounds applies:
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Your Personal Data are no longer necessary for the purposes for which they were collected or otherwise processed;
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You wish to withdraw your consent on which the processing of your Personal Data was based and there is no other basis justifying such processing;
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You consider and can establish that your Personal Data has been unlawfully processed;
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Your Personal Data must be deleted in accordance with a legal obligation.
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The right to restrict the processing of your Personal Data; The applicable regulations provide that this right may be invoked in certain cases, in particular the following:
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When you dispute the accuracy of your personal data;
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When you consider and can establish that the processing of Personal Data is unlawful but you oppose the deletion of Personal Data and demand instead that the processing be limited;
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When we no longer need your Personal Data but they are still necessary for you to establish, exercise or defend your legal rights;
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When you object to the processing that would be based on the legitimate interest of the controller, during the verification whether the legitimate grounds pursued by the controller prevail over those of the person in question.
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The right to data portability.
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When the processing is based on your consent or a contract, this right to portability allows you to receive the Personal Data you have provided to us with in a structured, commonly used format, and to transmit this Personal Data to another data controller without us hindering it.
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The right to withdraw consent.
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When we process your Personal Data on the basis of your consent, this latter may be withdrawn at any time using the means provided for this purpose (procedure indicated below of this Policy). On the other hand, and in accordance with applicable law, the withdrawal of your consent is only valid for the future and cannot therefore call into question the lawfulness of the processing carried out before this withdrawal.
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The right to decide the fate of your Personal Data after your death
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To organize the fate of your personal post-mortem data through the adoption of general or specific guidelines. We are committed to respecting these guidelines. In the absence of directives, we recognize the possibility for heirs to exercise certain rights, in particular the right of access, if it is necessary for the settlement of the deceased’s estate; the right to object to the closure of the deceased’s user accounts; and the right to object to the processing of their data.
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The right to lodge a complaint with a supervisory authority. If, despite our effort to preserve the confidentiality of your personal data, you feel that your rights are not respected, you have the right to lodge a complaint with a supervisory authority. A list of control authorities is available on the European Commission’s website.
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If you reside anywhere outside the EU (including Israel) your rights to review, edit or amend Personal Data held in our Databases will be governed applicable Israeli law, including the provisions of the Protection of Privacy Law, 5741-1981.
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Security.
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We implement reasonable administrative, organizational and technical safeguards and security measures to protect Personal Data from unauthorized access, disclosure, destruction or alteration, accidental loss, misuse or damage. We regularly review and monitor such safeguards and security measures.
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When disclosure of data to third parties is necessary and authorized, we ensure that these third parties guarantee the same level of data protection as that offered to them by us and requires contractual guarantees so that the data are exclusively processed for the purposes you have previously accepted, and with the required confidentiality and security.
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If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account has been compromised), please immediately notify us in accordance with the “Contact Us” section, below.
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Retention.
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To the extent permissible by applicable law, we will retain your Personal Data for such period as necessary to satisfy or to fulfill the following:
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The purposes for which that Personal Data was provided;
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An identifiable and ongoing business need, including record keeping;
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A requirement to retain records that may be relevant to any notified regulatory investigations or active legal proceedings;
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Comply with any applicable law, regulation, legal process, including, without limitation, court orders and/or compulsory disclosures required by governmental authorities;
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Fulfill legitimate interests of Capitalise and third parties, such as, defend in cases of legal procedures, etc.
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Sensitive Data.
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Unless specifically requested, we ask that you do not send us, or disclose, on or through the Services or otherwise, to us, any Sensitive Personal Data (e.g., social security numbers, national identification number, data related to racial or ethnic origin, political opinions, religion, ideological or other beliefs, health, biometrics or genetic characteristics, criminal background, trade union membership, or administrative or criminal proceedings and sanctions).
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Use of Services by Minors.
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Capitalise does not knowingly collect Personal Data from any person under the age of 18.
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Updates.
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We are entitled to change and update this Privacy Policy from time to time, at our sole discretion, without having to provide notice. Thereof, Responsibility for becoming familiar with the changes, if any, made by this Privacy Policy rests with you alone.
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Cookies
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Like many other websites, in order to enhance your experience on our web site, some of our web pages may use “cookies". Cookies, by themselves, do not tell us your personally identifiable information unless you choose to provide this information to us (by, for example, registering for one of our services). However, once you choose to furnish the site with your personally identifiable information, this information may be linked to the data stored in the cookie.
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A cookie is a small text file containing small amounts of information which is placed by a website onto a computer or device. Cookies are designed to assist a computer or device to remember something the user has done within that website, for example remembering that the user has logged in, or which buttons have been clicked.
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We use cookies to understand site usage and to improve the content and offerings on our sites. We may use cookies to personalize your experience at our web pages and to offer you relevant services as well as interest-based or targeted advertising.
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Disabling Cookies. Your browser may give you the ability to control cookies; certain browsers can be set to avoid cookies collection. If you do not agree to the use of cookies please disable them by following the instructions for your browser set out here, Please note that certain features on our website may not work properly. Some cookie organizations provide an automated disabling tool in respect of its cookie(s), see the list of these 3rd party cookies with a link to its automated disabling tool. In other cases you can disable & control them if you want through 3rd party control tools like this.
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We may use various types of Cookies:
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Session Cookies. These Cookies are stored only temporarily during a browsing session and are deleted from your device when you close the browser. We use Session Cookies to support the functionality of the site and to understand your use of the site, for example which pages you visit, how long you stay on each page, etc.
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Functional Cookies. We use Functional Cookies to save your settings on the site, we also use Functional Cookies to store data so that you can easily find it the next time you visit. Some Functional Cookies are essential to viewing maps or videos on our site.
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Persistent Cookies. These Cookies are not deleted when you close your browser but are saved on your device for a fixed period or until you delete them. Each time you visit the site, the server that set the Cookie will recognize the persistent Cookie saved on your device. We and others use persistent Cookies to store your preferences, so that they are available for your next visit, for example if you've already logged in, these cookies will skip the log-in when you visit our site again.
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Targeting and advertising Cookies. These cookies are used to collect information from you to help us to improve our products and services as well as serve you with targeted advertisements that we believe will be relevant to you. We use targeting cookies on our websites for various marketing initiatives and campaigns. We also may use some Analytics Cookies and Other Technologies to facilitate advertising.
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Analytics Cookies. These cookies collect information about your use of the site, and enable us to improve the way it works. These Cookies give us aggregated information that we use to monitor site performance, count page visits, spot technical errors, see how users reach the Site, and measure the effectiveness of advertising & Targeted ads
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The Website uses the following third party cookies:
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MixPanel
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Capitalise uses Mixpanel, a business analytics service which tracks user interactions with web and mobile applications and provides tools for targeted communication with them.
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General information about Mixpanel and privacy protection at Mixpanel can be found on the following website: https://mixpanel.com/legal/privacy-policy/
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Inspectlet
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Capitalise uses Inspectlet which records videos of the website's activity as the visitors use Capitalise's site, allowing Capitalise to track the activity, see mouse movement, scroll, click, and keypress on the site.
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General information about Inspectlet and privacy protection at Inspectlet can be found on the following website: https://www.inspectlet.com/terms-of-service#privacy
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Intercom
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Capitalise uses Intercom in order to send targeted messages to onboard and activate users, and also to provide personalized technical\site support at scale with a collaborative inbox, automation and self-service support.
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General information about Intercom and privacy protection at Intercom can be found on the following website: https://www.intercom.com/terms-and-policies#privacy
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Google Analytics
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Capitalise uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). By using cookies, Google Analytics collects and stores certain data. By using a browser plugin provided by Google, you can opt out of Google Analytics.
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General information about Google Analytics and privacy protection at Google can be found on the following Google website: https://support.google.com/analytics/answer/6004245?hl=en .
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User can prevent the collection of data generated by the cookie regarding User's use of the website by the mentioned above as well as the processing of this data by downloading and installing the add-on available under the following link for User's current web browser: https://tools.google.com/dlpage/gaoptout?hl=en .
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If User uses different web browsers on User's computer (e.g. Internet Explorer and Mozilla Firefox), User should download the add-on for each web browser User uses to visit this website.
Contact Us.
If you have any questions about this Privacy Policy or our privacy practices, please contact us at privacy@capitalise.ai.
Last updated on: 22\9\2019