Privacy Policy

This Privacy Policy (the “Policy“) describes the types of information that Phinergy Ltd. (“Phinergy“, “we”, “us”, “our”)  collects and processes through the websites: www.phinergy.com and www.ir.phinergy.com (the “Website(s)”), and the rights and options available to users of our Website with respect to their personal data

PERSONAL DATA PROCESSED

We process information you provide us when you contact us with an inquiry.
You can submit an inquiry through our online contact forms or by other methods provided on the Website. When you contact us through the contact form, you will be asked to provide information such as your name, email address, phone number, company, country, the subject and the content of your message. The mandatory fields for completion in the form will be marked as such (“Inquiry Information”).
You are not legally obligated to provide any of the abovementioned information; however, if you choose not to provide this information we may not be able to respond to your inquiry.

We also collect analytics information about your use of the Website.
When you use the Website, we record and collect certain information about your interaction with the Website, including the IP address from which you access the Website, time and date of access, type of browser used, language used, links clicked, and actions taken while using the Website (“Analytics Information“).

HOW WE PROCESS PERSONAL DATA

To respond to and handle your inquiry.
We will use your Inquiry Information to contact you about your inquiry and handle and respond to your inquiry.

We will use your Analytics Information to enhance and develop our Website.
We will use the Analytics Information for development and enhancement of the Website. We will use the Analytics Information collected via our Website to improve the Website, our email communications and the products and services we offer to customers. We also use the Analytics Information to adapt the Website, their content, our services, and our email communications to users’ preferences. Finally, we will use the Analytics Information to understand the market in which Phinergy operates in and for managerial reporting and business planning.

To enforce this Policy and comply with applicable law and judicial orders.
We will use the Analytics Information and Inquiry Information to prevent fraud, resolve disputes, troubleshoot problems, assist with any investigations, enforce this Policy and take other actions otherwise permitted by law.

WHOM WE SHARE YOUR DATA WITH

We will not share your information with third parties, except in the events listed below or when you provide us your explicit and informed consent. These are also the categories of third parties with whom Phinergy has disclosed personal information in the preceding 12 months.

We will share your information with our service providers helping us operate the Website and our business.
We will share your personal information with our service providers who assist us with the internal operations of our business and the Website. These companies are authorized to use your personal information in this context only as necessary to provide these services to us and not for their own promotional purposes. We do not sell your personal information to third parties. We do not sell your personal information to third parties.

We will share your Information with competent authorities, if you abuse your right to use the Website, or violate any applicable law in connection with our business.
If you have abused your rights to use the Website, or violated any applicable law, we may share your information with competent authorities and with third parties (such as legal counsels and advisors), for the purpose of handling of the violation or breach.

We will share your Information if we are legally required to do so.
If we are required to disclose your information by a judicial, governmental, or regulatory authority.

We will share your Information with third-parties in any event of change in Phinergy’s structure.
If the operation of the Website or the business is organized within a different framework, or through another legal structure or entity (such as due to a merger or acquisition), we will share your information only as required to enable the structural change in the operation of the Website and the business.

We do not sell your information.
We do not sell your information, nor have we done so in the past 12 months.

COOKIES

What are cookies?
Cookies are text files, comprised of small amount of data, that are saved on your computer or other device (e.g. smartphone, tablet, etc.) when you use the internet and visit various website.
The information that the cookies maintain is read by the Website you visit, during the session of your visit to the Website (these are called ‘session’ cookies), and when you return to visit it again (these are called ‘persistent’ cookies). We also use techniques called web beacons and web pixels for purposes similar to the use of cookies.

Necessary
Cookies that are strictly necessary for the functioning of the Website. The Website cannot operate properly without these cookies. You can set your browser to block or alert you about these cookies, but some parts of the Website may not function properly.

Statistics
Cookies that help us understand how you and other users interact with our Website by collecting data that does not directly identify you, including third party cookies such as Google Analytics, that track and monitor your use of our Website.

Marketing
Cookies that track your use of the Website and allow a third party to tailor content, both on and off the Website, that it believes is relevant to you.

You can always delete or disable cookies.
Other than using the cookie add-on, you can always delete the cookies saved on your device through the settings of your computer browser or device. You can also disable cookies for future use through the settings of your computer browser or device.

SECURITY AND DATA RETENTION

We retain your information for as long as we need it to operate the Website and our business, and thereafter as needed for record-keeping matters.
We will retain your Information for the duration needed to support our ordinary business activities operating the Website. Thereafter, we will still retain your personal information as necessary to comply with our legal obligations, resolve disputes, establish, and defend legal claims and enforce our agreements.

We implement measures to secure your information
We implement measures to reduce the risks of damage, loss of information and unauthorized access or use of information. However, these measures do not provide absolute information security. Therefore, although efforts are made to secure your personal information, it is not guaranteed, and you cannot expect that the Website or our business will be immune from information security risks.

ADDITIONAL INFORMATION FOR INDIVIDUALS IN THE UK OR THE EUROPEAN ECONOMIC AREA

Phinergy is the data controller.
Phinergy Ltd. is the data controller for the purposes of the personal data we process via the Website.
Our physical address is at: 2 Derech Hayam, Kfar Saba, Israel

Legal basis for processing your personal data.

• The legal basis for collecting and processing your Inquiry Information is our legitimate business interests in responding to your inquiry and developing our customer leads.
• The legal basis for processing your Analytics information for Website development and enhancement, and for managerial reporting and business planning, is our legitimate interest in managing the Website and, business development and planning.
• The legal basis for us processing data through the necessary (essential) cookies, is our legitimate interest in the proper operation of the Website.
• The legal basis for our processing data regarding the other cookie purposes is your explicit consent.
• The legal basis for processing your Analytics Information and Inquiry Information for the purpose of handling instances of abusive use of the Website is our legitimate interests in defending and enforcing against violations and breaches that are harmful to our Website and against the Policy.
• The legal basis for sharing your information with competent authorities, or other third parties, if you violated the law or abused your rights to use the Website, is our legitimate interest in protecting our business from abuses and violation of law.
• The legal basis for required disclosures of your information to a judicial, governmental, or regulatory authority is our legitimate interest in protecting our business from abuses and violation of law, our compliance with legal obligations (if the disclosure is mandated under EU law, the laws of an EU member state or the laws of the UK).
• The legal basis for sharing your information in the event of a change in our corporate structure is our legitimate interests in our business continuity.

We will transfer your information internationally in manners consistent with applicable data protection laws.
Information we collect from you will be processed in Israel.
Because we transfer your information from within Europe to other jurisdictions outside Europe, we will do so done using adequate safeguards consistent with those determined by the EU Commission and the UK Information Commissioner’s Office (ICO). Israel is recognized by the European Commission and the Information Commissioner’s Office as having adequate protection for personal data.

You have certain rights to access, update or delete information, obtain a copy of your information, and object or restrict certain data processing activities.

You have the following rights:

Right to Access your personal data that we process and receive a copy of it.

Right to Rectify inaccurate personal data we have concerning you and to have incomplete personal data completed.

Right to Withdraw your consent where processing your data is based on consent. Such withdrawal of consent will not impact the data processed on that basis before the withdrawal of your consent.

Right to Data Portability, that is, to receive the personal data that you provided to us, in a structured, commonly used, and machine-readable format. You have the right to transmit this data to another Service provider. Where technically feasible, you have the right that your personal data be transmitted directly from us to the Service provider you designate.

Right to Object, based on your particular situation, to use your personal data on the basis of our legitimate interest. However, we may override the objection if we demonstrate compelling legitimate grounds, or for the establishment, exercise of defense of legal claims. You may also object at any time to the use of your personal data for direct marketing purposes.

Right to Restrict the processing of your personal data (except for storing it) if you contest the accuracy of your personal data, for a period enabling us to verify its accuracy; if you believe that the processing is unlawful and you oppose the erasure of the personal data and request instead to restrict its use; if we no longer need the personal data for the purposes outlined in this Privacy Policy, but you require them to establish, exercise or defense relating to legal claims, or if you object to processing, pending the verification whether our legitimate grounds for processing override yours.

Right to be Forgotten. Under certain circumstances, such as when you object to us processing your data and we have no compelling legitimate grounds to override your objection, you have the right to ask us to erase your personal data. However, we may still process your personal data if it is necessary to comply with a legal obligation, we are subject to under laws in EU Member States or for the establishment, exercise or defense of legal claims.

If you wish to exercise any of these rights, please contact us at: [email protected]

We reserve the right to ask for reasonable evidence to verify your identity before we provide you with information. Where we are not able to provide you the information that you have asked for, we will explain the reason for this.

You have a right to submit a complaint to the relevant supervisory data protection authority.
Subject to applicable law, you have the right to lodge a complaint with your local data protection authority. You can file a complaint with the supervisory authority, in particular in the Member State of your residence, place of work or place of an alleged infringement of the GDPR. For a list of supervisory authorities in the European Economic Area, click here.
If you are in the UK, you can lodge a complaint to Information Commissioner’s Office (ICO) pursuant to the instructions provided here

ADDITIONAL INFORMATION FOR INDIVIDUALS IN CALIFORNIA

Below is a detailed description of the information we collect from visitors to our Website and the business or commercial purposes for which we use each category of personal information. This is also the information we have collected in the past 12 months.

Categories of Personal Information

• Identifiers:
  • Specific Types of Personal Information Collected: Name, email address, telephone number, country, company
  • Business or commercial purposes pursuant to the CCPA: Providing customer service.
  • Specific purposes: To provide our products and services; To verify your identity; To communicate with you.; To improve our products and services and prevent fraud.
• Information that identifies, relates to, describes, or is capable of being associated with, a particular individual
  • Specific Types of Personal Information Collected: Information you provide when you interact with us
  • Business or commercial purposes pursuant to the CCPA: Providing customer service.
  • Specific purposes: To provide our products and services; To verify your identity; To communicate with you.; To improve our products and services and prevent fraud.
• Internet or other electronic network activity information
  • Specific Types of Personal Information Collected: Your browser type, operating system, IP address, domain name, number of times you visited the Website, dates you visited the website, date and time of an online request, the time required to download information you requested, error codes generated while your browser is in contact with our website and the amount of time you spent viewing the website. As well as information of the communications performed through our Website.
  • Business or commercial purposes pursuant to the CCPA: Detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, prosecuting those responsible for that activity; Undertaking internal research for technological development and demonstration; Undertaking activities to verify or maintain the quality of the service and to improve, upgrade or enhance the service; Debugging to identify and repair errors.
  • Specific purposes: To provide our products and services; To verify your identity; To communicate with you.; To improve our products and services and prevent fraud.

Your rights under the CCPA if you are a resident of California

Disclosure of personal information we collect about you.
You have the right to know: the categories of personal information we have collected about you; the categories of sources from which the personal information is collected; our business or commercial purpose for collecting personal information; the categories of third parties with whom we share personal information, if any; the specific pieces of personal information we have collected about you.

Right to deletion.
Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:

• Delete your personal information from our records; and
• Direct any service providers to delete your personal information from their records

Please note that we may not delete your personal information if it is necessary to:

• Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
• Debug to identify and repair errors that impair existing intended functionality;
• Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
• Comply with the California Electronic Communications Privacy Act;
• 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 our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
• Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
• Comply with an existing legal obligation; or
• Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
• Protection against discrimination

You have the right to not be discriminated against by us because you exercised any of your rights under the CCPA. This means we cannot, among other things:

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

Exercising your CCPA rights
If you would like to exercise any of your CCPA rights as described in this Privacy Policy, please email us at [email protected]
We may ask you for additional information to confirm your identity and for security purposes, before disclosing the personal data requested to you, by using two or three points of data verification process, depending on the type of information you require.

MINORS

The Website is not directed to users under 18.
The Website is not directed to users under the age of 18. We do not knowingly collect information or data from children under the age of 18 or knowingly allow children under the age of 18 to use the Website.

CHANGES TO THIS PRIVACY POLICY

If we change this Policy, we will post the updated policy on the Website.
From time to time, we may change this Policy, in which case we post the updated Policy on the Website and will try to proactively notify you by email. The latest version of the Policy will always be accessible on the Website at https://phinergy.com/privacy-policy/

Last Update: April 10, 2022.