Privacy Statement for California Residents

Last Updated: February 14, 2024

This privacy Statement for California residents supplements the information contained in the Privacy Policy (the “Policy”) of ActiveFence Ltd. (“ActiveFence”, “we” or the “Company”) and applies to our Visitors, Business Partners and Web Users (capitalized terms which are not defined herein, shall have the meaning ascribed to them in the Policy) who reside in the State of California (“you”). We adopt this Statement to comply with the California Privacy Rights Act (the “CPRA”) and it’s Regulations, including any other applicable California privacy law. Any terms defined in the CPRA have the same meaning when used in thisStatement.

This Statement refers to the information collected, either automatically or as submitted by you, when you access, use or visit our Website, consume the Services or when you are an end-user of one of our Business Partners, or otherwise engage with us.

This Statement does not cover our Personal Data processing activities relating to a job applicant to us, our employee, owner, director, officer, medical staff member or independent contractor of us, within the context of it’s role or former role, who reside in the State of California. A privacy statement related to the above will be stipulated in an employment agreement or a service provider agreement, and/or in a dedicated policy, and will be provided upon verifiable request (subject to the exemptions mentioned in the CPRA). 

Please read this Statement carefully, so you can fully understand our practices in relation to Personal Data. “Personal Data” or “Personal Information” shall have the meaning ascribed to them in the Policy. “Sensitive Personal Information” includes social security number; passport number; financial account credentials; precise geolocation; racial, ethnic or religious information; contents of data subject’s emails (with other entities other than us) and genetic data. Publically available information, as defined under the CPRA, is not considered Sensitive Personal Information.

1. Categories of Personal Information collected about you

 

We process Personal Information as described in our general Privacy Policy. We do not require or request Sensitive Personal Information of any sort, however we may be exposed to Sensitive Personal Information that you voluntarily choose to share with us, such as additional optional information to your job application, including in the uploaded file of your CV, or optional details for your Business Partner account.

We only use Sensitive Personal Information for the purpose for which it was originally collected, as described in our Policy. We retain this information for as long as required to achieve its purpose or under any applicable law, or until otherwise requested by you. 

2. Selling or Sharing Personal Information

• We do not sell your personal information, including Sensitive Personal Information, or share it for monetary gain. However, we may disclose your personal information to a third party (as defined in the Policy) for a business purpose whether or not for monetary or other valuable consideration. When we do so, we enter a contract that describes the business purpose and requires the recipient to both keep that personal information confidential and not use, sell or disclose it for any purpose except for performing the contract. 
• In the preceding twelve (12) months, we have shared the following categories of personal information for a business purpose:

Category	Third Party and Business Purpose
All categories of Personal Information (as described in the Privacy Policy)	We share this information with our hosting, processing, infrastructure and security service providers in order to provide, facilitate, process and secure our App and Website, the data and our services.
Internet and network data	We share this information with Service providers, web platforms, analytics services and online marketing platforms.
Business relations	We share this information with CRM and mailing list platforms.
Cookies and certain online identifiers	We share this information with third parties with expertise in  analytics and statistics, for the purpose of understanding how Visitor use the Website.

For the avoidance of doubt, we do not sell or share Personal Data about children under the age of sixteen (16) without obtaining their prior consent, and if you are under the age of thirteen (13) – without your parent or a guardian involvement and their consent. 3. Your Rights

The CPRA provides consumers who are California residents with certain rights regarding their personal information, including Sensitive Personal Information. Below we describe your CPRA rights and explain how to exercise those rights:

3.1. Access to Certain Information and Data Portability Rights

You have the right to request us to disclose certain information to you about our collection, sell, share and use of your personal information over the past 12 months. For the avoidance of doubt, we do not provide information beyond the 12-month period unless a regulatory action is taken, and provided that such disclosure would not be impossible or involve a disproportionate effort. You can make a request to us as described below. Once we receive and confirm your verifiable consumer request, we will disclose the information you have requested, which could be one of the following types:

• The categories of personal information, including Sensitive Personal Information, we collected about you;
• The categories of sources from which the personal information was collected about you;
• Our business or commercial purpose for collecting that personal information;
• The categories of third parties with whom we share that personal information;
• The specific pieces of personal information we collected about you (also called a data portability request);
• If we sold or shared your personal information with a third party for a business purpose. In that case, you can make a request for the additional information below:
  1. The categories of personal information that we sold or disclosed about you for a business purpose;
  2. The categories of third parties to whom the personal information was sold, by category or categories of personal information for each category of third parties;
  3. The categories of persons to whom your personal information was disclosed for a business purpose.

In addition, you have the right to request us to transfer your personal information to another organization, to the extent requested by you, provided that its technically feasible. You can make a request to us as described below.

3.2. Deletion and Correction Request Rights

You have the right to request that we delete any of your personal information that we collected from you and about you, and retained, subject to certain exceptions (see below). When applicable, once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. We will also notify third parties to whom we sold or shared your personal information to delete your information from their records, unless this proves as impossible or involves disproportionate effort.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

• Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with a customer/you;
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
• Debug products to identify and repair errors that impair existing intended functionality;
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
• Comply with the California Electronic Communications Privacy Act (CalOPPA) or the CPRA;
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent;
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
• Comply with a legal obligation;
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

In addition, you have the right to request that we correct any inaccurate personal information about you that we collected. When applicable, once we receive and confirm your verifiable consumer request, we will use commercially reasonable efforts to correct (and direct our service providers to correct) your personal information, unless any lawful exception applies. You can make a request to us as described below.

3.3 Opt-Out Request Rights

You have the right to object to the sell or share of your personal information to third parties, or to withdraw your consent to the sell or share (in circumstances where such consent was given by you) at any time. You can send a request to us to [email protected] . Once we receive and confirm your verifiable consumer request, we will cease the selling or sharing of your information (and direct our service providers to do so), unless any lawful exception applies. In addition, you have the right to request us to cease from using automated decision-making technology and profiling.

Please note that there may be circumstances in which we are entitled by law to continue to sell or share your data. Also note that your withdrawal of consent shall not affect our right to request your consent to such sell or share again after twelve (12) months.

3.4 Limit Use Request Right

You have the right to request us to limit the use or disclosure of certain Sensitive Personal Information we collected about you to uses necessary to provide you the services, and for certain business purposes (as listed in the Policy). Please note that you may only object to the use and disclosure of a Sensitive Personal Information we collected or processed for the purpose of inferring characteristics about you.

You can send us a request to [email protected] . Once we receive and confirm your verifiable consumer request, we will limit the use or disclosure of your information (and direct our service providers to do so), unless any lawful exception applies. Please note that your request to limit the use or disclosure of Sensitive Personal Information shall not affect our right to request your consent to such use or disclosure again after twelve (12) months.

3.5. Exercising your rights and choices

• To exercise the access, data portability, correction and deletion rights described above, please submit a verifiable request to us by email to: [email protected] or directly via the account you maintain with us, if you are a business customer.
• Please be advised that depending on the type of request you make, certain exceptions may apply according to the applicable legislation, and we reserve the right to exercise those, when applicable.
• Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child;
• You may only make such a request for access or data portability twice within a 12-month period.
• The request must:
  • Be made by a registered California resident, or someone on their behalf;
  • Provide sufficient information that allows us to reasonably verify that you are the person about whom we collected personal information or an authorized representative of yours;
  • Describe your request with sufficient details which will allow us to properly understand, evaluate, and respond to it. We cannot respond to your request or provide you with any personal information if we cannot verify your identity or authority to make the request, and confirm that the personal information relates to you;
  • Making a request does not require you to create an account with us if you do not already have one.  We will only use personal information provided in a verifiable consumer request to verify the identity or authority to make the request.

3.6. Response Timing and Format

• We strive to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.
• If you do not have an account with us, we will deliver our written response to you by email. Any disclosures we provide will only cover the 12-month period preceding your verifiable request. The response we provide will also explain the reasons we cannot comply with a request, if that is the case.  
• For data portability requests, we will select an easily understandable format to provide your personal information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance.
• We do not charge a fee to process or respond to your verifiable request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

4. Non-Discrimination 

We will not discriminate against you for exercising any of your CPRA rights. Unless permitted by the CPRA, we will not:

• Deny you goods or services;
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
• Provide you a different level or quality of goods or services;
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

5. Do not Track Signals 

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. We do not currently respond or recognize DNT Feature signals. 

6. Changes to this Privacy Notice 

We reserve the right to amend this privacy Statement at our discretion and at any time. When we make changes to this privacy Statement, we will notify you as per the notification mechanism described in our Policy or as otherwise required by applicable laws.

contact information

If you have any questions or comments about this privacy Statement or our Policy, the ways in which we collect, disclose and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under the California law, please do not hesitate to contact us at: [email protected].