Privacy policy

Privacy Notice

We at Kluster Ltd. ("Kluster", "us", "we", or "our") have developed and operate a platform allowing Vendors ("Vendors") to connect with clients on the Kluster platform, available to you through our website and/or our mobile application (collectively, the "Platform"). We recognize and respect the importance of maintaining the privacy of users of our Platform. This Privacy Notice describes the types of information we collect from you as an owner, proprietor, or management-level employee who has been designated by the Agency as an authorized signatory ("Manager") or an employee of an Agency ("Employee"), when you use our Platform and services available thereon (such services, together with the Platform, the "Services"). This Privacy Notice also explains how we process, transfer, store and disclose the information collected, as well as your ability to control certain uses of the collected information. If not otherwise defined herein, capitalized terms have the meaning given to them in the Terms of Service, available at [kluster.co.il] ("Terms")."You" means any user of the Platform and/or Services including (i) an individual; (ii) the Vendors; (iii) any Manager; and (iv) employee.

 "Personal Data" means any information that refers, is related to, or is associated with an identified or identifiable individual or as otherwise may be defined by applicable law. This Privacy Notice details which Personal Data we collect when we provide the Services to you.

1. Personal Data We Collect

Depending on your usage, we collect different types of data for different purposes, as specified below. You have no legal obligation to provide us with certain Personal Data, but if you refuse to provide such Personal Data we may not be able to register and/or provide you with the Services or part thereof.

 1.1.    In order to use our Services, you will be required to register and provide us with certain Personal Data, such as your username, email address and whether you are an authorized signatory of an Agency.

 1.2.    We also collect Personal Data when you make use of the Services, request information from us, provide us with feedback, or contact us for any other reason. Examples of the Personal Data that we collect from you when you engage in any of the activities detailed above, may include your name, address, phone number, e-mail address, the content of your inquiry and any other data you provide.

 1.3.    To the extent you make payments for the Services with a payment method under your own name, we also collect Personal Data when processing such payments through the Services. Examples of such Personal Data include tokenization of your payment method details – in a de-identified manner.

 1.4.    Furthermore, we may collect any materials including images and/or pictures and/or photos and/or documents you may upload through the Services.

 1.5.    In addition, when you use the Services, we may gather certain information automatically about your device, such as your operating system, your IP address, device ID, as well as information regarding your usage of our Services, Internet Service Provider (ISP), demographic information and subject to your consent as may be required under applicable law, (geo) location, and any information regarding your viewing and purchase history on our Platform.

2. How We Use Your Personal Data

 2.1. General. We and any of our trusted third-party subcontractors and service providers use the Personal Data we collect from and about you for any of the following purposes: (1) to provide you with the Services; (2) to respond to your inquiries or requests, contact and communicate with you; (3) to develop new products or services and conduct analyses to improve our current content, products, and Services; (4) to review the usage and operations of our Services; (5) to use your data for analytical purposes (as detailed below); (6) to prevent fraud, protect the security of our Services, and address any problems with the Services; and (7) to provide customer support.

 2.2. Statistical Information and Analytics. We and/or our service providers use analytics tools, including Google Analytics, to collect and analyze information about the use of the Services, such as how often users access the Platform, what pages they visit when they do so, and what other sites and mobile applications they used prior to accessing the Platform. By analyzing the information we receive, we may compile statistical information across a variety of platforms and users. This helps us improve our Services by allowing us to identify new trends and customer needs, which in turn allows us to consider new products and services or tailor existing products and services accordingly. You can find more information about how Google collects information and how you can control such use at https://policies.google.com/technologies/partner-sites.

3.   Sharing the Personal Data We Collect

We share your information, including Personal Data, as follows:

3.1.    Sharing Recordings and other Media. The Platform offers a feature that allows users to create other content, including text, photos and videos. You may then access and share the content and other material from within the Platform to your existing social media accounts or to popular email programs (such as Gmail). If you include Personal Information in such a message, the Personal Information will be delivered to the recipient of the email.

 3.2.    Service Providers and Subcontractors. We disclose information, including Personal Data we collect from and/or about you, to other relevant Vendors or users, as applicable on the Platform, and to our trusted service providers, business partners. affiliates and subcontractors, who use such information to: (1) help us provide you with the Platform and/or Services; (2) aid in our understanding of how users are using our Platform and/or Services; Such service providers and subcontractors provide us with IT and system administration services, data backup, security, storage services and data analysis.

3.3.    International Transfers. By accepting this Privacy Notice, you acknowledge and agree that we may use subcontractors and service providers who are located in countries other than your own and may send them information we receive (including Personal Data).

3.4.    Business Transfers. Your Personal Data may be disclosed as part of, or during negotiations of, any merger, sale of company assets or acquisition (including in cases of liquidation). In such case, your Personal Data shall continue being subject to the provisions of this Privacy Notice.

3.5.    Law Enforcement Related Disclosure. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity, behavior or (digital) content and information of or related to an individual, including in the event of any user suspected to have engaged in illegal or infringing behavior. We may also share your Personal Data with third parties: (i) if we believe in good faith that disclosure is appropriate to protect our or a third party's rights, property or safety (including the enforcement of the Terms and this Privacy Notice); (ii)  as is necessary to comply with any legal and/or regulatory obligation; or (iii) when required by subpoena, court order or the order of another governmental or law enforcement authority.

3.6.    Legal Uses. We may use your Personal Data as required or permitted by any applicable law, for example, to comply with audit and other legal requirements.

4.  Security

We make efforts to follow generally accepted industry standards to protect the Personal Data submitted to and collected by us, both during transmission and once we receive it. However, no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security. As the security of information depends in part on the security of the mobile device you use to communicate with us and the security you use to protect user IDs and passwords, please take appropriate measures to protect this information.

5.Your Rights

Subject to applicable law, you may request to: (i) know what Personal Data and/or type of Personal Data we collected about you and circumstances related to such collection, (ii) rectify such Personal Data in case it is incorrect or not up to date; and/or (iii) delete such Personal Data. You may exercise such rights by emailing us at[email protected], subject to applicable law.

6.   Data Retention

6.1.    Subject to applicable law, we retain Personal Data as necessary for the purposes set forth above. We may delete information from our systems without notice to you once we deem it is no longer necessary for these purposes.

6.2.    In some circumstances, we may store your Personal Data for longer periods of time, for instance where we are required to do so in accordance with legal, regulatory, tax, audit, accounting requirements and so that we have an accurate record of your dealings with us in the event of any complaints or challenges, or if we reasonably believe there is a prospect of litigation relating to your Personal Data or dealings.

7.   Cookies and Similar Technologies

We use cookies and similar technologies for a number of reasons, including to help personalize your experience. When entering the Platform, you shall be notified of the use and placement of cookies and other similar technologies on your device as specified herein.

 7.1.    What are Cookies? A cookie is a small piece of text that is sent to a user's browser or device. The browser provides this piece of text to the device of the originating user when this user returns.

 7.1.1.   A "session cookie" is temporary and will remain on your device until you leave the Platform.

7.1.2.   A "persistent" cookie may be used to help save your settings and customizations across visits. It will remain on your device until you delete it.

 7.1.3.   First-party cookies are placed by us, while third-party cookies may be placed by a third party. We use both first- and third-party cookies

7.1.4.   We may use the terms "cookies" to refer to all technologies that we may use to store data in your browser or device or that collect information or help us identify you in the manner described above, such as web beacons or "pixel tags".

7.2.    How We Use Cookies. We use cookies and similar technologies for a number of reasons, as specified below.

 The specific names and types of the cookies, web beacons, and other similar technologies we use may change from time to time. However, the cookies we use generally fall into one of the following categories:

7.3.    How to Adjust Your Preferences. Most Web browsers and mobile devices are initially configured to accept cookies, but you can change this setting so your browser and/or device either refuses all cookies or informs you when a cookie is being sent. In addition, you are free to delete any existing cookies at any time. Please note that some features of the Services may not function properly when cookies are disabled or removed.

8.   Third-Party Applications and Services

All use of third-party applications or services is at your own risk and subject to such third party's terms and privacy policies. The Platform includes the option to purchase certain services from us (such as premium packages) or other users on the Platform, such as Vendors. We use the tools, software and/or services of third-party service providers to process transactions on our behalf, in which case you acknowledge that the terms of use and privacy policy of said third-party service provider will also apply. Kluster currently enables payments with credit cards and, therefore, the credit card company’s privacy policy also applies to the data collected and processed in such context.

9.   Communications

You will be given the opportunity to unsubscribe from marketing messages and stop receiving future communication from us by following the UNSUBSCRIBE link or instructions in any such email or message. Please note that we reserve the right to send you service-related communications, including service announcements and administrative messages relating to your account, without offering you the opportunity to opt out of receiving them. Should you not wish to receive such communications you may cancel your account.

10.   Children

We do not knowingly collect Personal Data from children under the age of sixteen (16). In the event that you become aware that an individual under the age sixteen(16)    has registered to the Services without parental permission, please advise us immediately. If we learn that we have collected Personal Information from a child under sixteen (16) years, without parental consent, we reserve the right to delete that information as quickly as possible.

11.   Changes to the Privacy Notice

When register to our Kluster Platform, you shall be asked to accept the terms of this Privacy Notice. If you do not agree with the terms hereof, please do not use the Platform. We may update this Privacy Notice from time to time to keep it up to date with legal requirements and the way we operate our business and we will place any updates on this webpage. Each update shall be effective 5 days after it is published. We encourage you to review the Privacy Notice periodically. By continuing to access or use the Platform and/or Services after those changes become effective, you agree to be bound by the revised privacy notice. We will post the updated Privacy Notice on this page. Please come back to this page every now and then to make sure you are familiar with the latest version.

12.   Comments and Questions

If you have any comments or questions about this Privacy Notice or if you wish to exercise any of your legal rights as set out herein, please contact us at [email protected]

Last updated: April 2024