Privacy Policy

MetalBear Cloud Privacy Policy

Last Updated: December 1, 2022

This privacy policy ("Privacy Policy") governs how we, MetalBear Tech Ltd. (together, “MetalBear” “we”, “our” or “us”) use, collect, and store Personal Data we collect or receive from or about you ("you") in connection with cloud-based platform services provided on https://app.metalbear.co/ and https://metalbear.dev, including it’s subdomains (together with the services, the “Site”) such as in the following use cases:

(i) When you browse or visit our Site;

(ii) When you make use of, or interact with, our Site:

a. When you create an account and when you log in

b. When you purchase or test our products and/or services

c. When you publish reviews

d. When you complete a survey

e. When you contact us (e.g. customer support, need help, submit a request)

(iii) When we acquire your Personal Data from third-party sources (such as lead-generation companies);

(iv) When we use the Personal Data of our customers (e.g. contact details);

(v) When we use the Personal Data of our resellers, distributors, agents and/or finders (e.g. contact details);

(vi) When we use the Personal Data of our service providers (e.g. contact details); 

We greatly respect your privacy, which is why we make every effort to provide a platform that would live up to the highest user privacy standards. Please read this Privacy Policy carefully, so you can understand our practices and your rights in relation to personal data. “Personal Data” or “Personal Information” means any information that can be used, alone or together with other data, to uniquely identify any living human being and any information deemed as Personally Identifiable Information by privacy laws.

Important note: Nothing in this Privacy Policy is intended to limit in any way your statutory right, including your rights to a remedy or means of enforcement.  

This Privacy Policy can be updated from time to time and, therefore, we ask you to check back periodically for the latest version of this Privacy Policy.  If we implement significant changes to the use of your Personal Data in a manner different from that stated at the time of collection, we will notify you by posting a notice on our Site or by other means.

1. WHAT INFORMATION WE COLLECT, WHY WE COLLECT IT, AND HOW IT IS USED

(i) We Process the Following Personal Information:

● **Information You Provide Directly to Us. **We collect personal information that you voluntarily provide, for example: your full name, email address, company name, as well as any other information that you decide to provide us with when you make use of our Site and create an account or when you contact us through other pages;

Automatic Data Collection. We may automatically collect certain information through your use of the Site, such as your Internet protocol (IP) address, cookie identifiers and other device identifiers that are automatically assigned to your device, browser type and language, geo-location information, hardware type, operating system, internet service provider and other information about actions taken through the use of the Site.

Information from other sources. MetalBear also obtains in certain cases information about you from other sources, including publicly - or commercially- available information, and through third-party data platforms, partners and service providers and through the use of tools used for connecting between companies and individuals.

**(ii) **We process Your Personal Information for the following purposes:

To create an account, log in and make use of the Site. MetalBear will use your information to provide its services, including: (i) allowing you to create and log-in to your account; (ii) allowing you to make use of the Site; (iii) providing you support and maintenance.

For Administrative Purposes. MetalBear will use your information to provide its Site, including: (i) to respond to your questions, comments, and other requests for customer support, or information, including information about potential or future services; (ii) to provide and manage the Site; (iii) for internal quality control purposes; (iv) to establish a business relationship; (v) to generally administer the Site.

To Market the Site. MetalBear may use information to market the Site. Such use includes (i) notifying you about offers and services that may be of interest to you, including, without limitation, marketing communications; (ii) conducting market research; (iii) developing and marketing new products and services; (iv) to measure interest in the Site; (v) other purposes disclosed at the time you provide information; and (vi) and as you otherwise consent;

Security purposes. Some of the above mentioned information will be used for detecting, taking steps to prevent and prosecuting fraud or other illegal activity; to identify and repair errors; to conduct audits; and for security purposes. Information may also be used to comply with applicable laws, with investigations performed by the relevant authorities, law enforcement purposes, and/or to exercise or defend legal claims.

De-identified and Aggregated Information Use. In certain cases, we may or will anonymize or de-identify your Information and further use it for internal and external purposes, including, without limitation, to analyze and improve the Site and/or the services (including through the use of artificial intelligence) and for research purposes. We may use this anonymous or de-identified information and/or disclose it to third parties without restrictions (for example, in order to improve our services and enhance your experience with them and/or to develop new product features and improve existing offerings).

Cookies and Similar Technologies. We, as well as third parties that provide content, advertising, or other functionality on the Site,      may use cookies, pixel tags, local storage, and other technologies ("Technologies") to automatically collect information through the Site and services. We use Technologies that are essentially small data files placed on your device that allow us to record certain pieces of information whenever you visit or interact with the services. You may opt out from certain Technologies, unless they are deemed essential or necessary for the provision of our services and the Site. Essential Technologies would include, for example, cookies which are necessary for authentication. If you would like to opt out of the Technologies that support opt outs (e.g. non-essential cookies) that we may employee now or in the future, you generally may do so by blocking, deleting, or disabling them as your browser or device permits. For additional information, please read our cookies policy here

2. HOW WE PROTECT AND RETAIN YOUR INFORMATION

2.1. Security. We have implemented appropriate technical, organizational and security measures designed to protect your Personal Data. However, please note that we cannot guarantee that the information will not be compromised as a result of unauthorized penetration to our servers. As the security of information depends in part on the security of the computer, device or network you use to communicate with us and the security you use to protect your user IDs and passwords, please make sure to take appropriate measures to protect this information.

2.2. Retention of your Personal Data. Your information will be stored until we delete our records, and we proactively delete Your Personal Information, or if you send a valid deletion request. Please note that in some circumstances we may store your information for longer periods of time, for example (i) where we are required to do so in accordance with legal, regulatory, tax or accounting requirements, or (ii) for us to have an accurate record of your dealings with us in the event of any complaints or challenges, and/or (iii) if we reasonably believe there is a prospect of litigation relating to your information or dealings.

3. HOW WE SHARE YOUR PERSONAL DATA

In addition to the recipients described above, we may share your Personal Data as follows:

3.1. With our business partners with whom we jointly offer products or services. We may also share Personal Data with our affiliated companies and other third parties.

3.2. We may use third party service providers to process your information for the purposes outlined above, including, without limitation:

3.2.1. With cloud service providers for hosting purposes;

3.2.2. With websites and web content creation platforms in order to help us manage our Site; and

3.2.3. With analytic companies, in order to help us understand and analyze information we collect in accordance with this policy;

3.3. To the extent necessary, with regulators, courts or competent authorities, to comply with applicable laws, regulations and rules (including, without limitation, federal, state or local laws), and requests of law enforcement, regulatory and other governmental agencies or if required to do so by court order;

3.4. If, in the future, we sell or transfer, or we consider selling or transferring, some or all of our business, shares or assets to a third party, we will disclose your Personal Data to such third party (whether actual or potential) in connection with the foregoing events;

3.5. In the event that we are acquired by, or merged with, a third party entity, or in the event of bankruptcy or a comparable event, we reserve the right to transfer, disclose or assign your Personal Data in connection with the foregoing events, including, in connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or to another company; and/or

3.6. Where you have provided your consent to us sharing or transferring your Personal Data (e.g., where you provide us with marketing consents or opt-in to optional additional services or functionality).

4. YOUR PRIVACY RIGHTS.

4.1. Rights: You can exercise your rights by contacting us at [email protected] Your rights may include: access to personal data held about you; request that we rectify any personal data we hold that is inaccurate or misleading; object, to or to request restriction, of the processing of your personal data; withdraw consent; and lodge a complaint with your local data protection supervisory authority (we kindly ask that you please attempt to resolve any issues with us before you contact your local supervisory authority and/or relevant institution). Subject to legal and other permissible considerations, we will make every reasonable effort to honor your request promptly in accordance with applicable law or inform you if we need further information in order to fulfill your request. When processing your request, we may ask you for additional information to confirm or verify your identity and for security purposes, before processing and/or honoring your request. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive. In the event that your request would adversely affect the rights and freedoms of others (for example, would impact the duty of confidentiality we owe to others) or if we are legally entitled to deal with your request in a different way than requested, we will address your request to the maximum extent possible, all in accordance with applicable law. 

4.2. Marketing emails – opt-out: You may choose not to receive marketing email of this type by sending a single email with the subject “BLOCK” to [email protected] Please note that the email must come from the email account you wish to block OR if you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails, and we will process your request within a reasonable time after receipt.

5. USE BY CHILDREN

We do not offer our products or services for use by children and, therefore, we do not knowingly collect information from, and/or about children under the age of 18. If you are under the age of 18, do not provide any information to us without the involvement of a parent or a guardian. In the event that we become aware that you provide information in violation of applicable privacy laws, we reserve the right to delete it. If you believe that we might have any such information, please contact us at [email protected].

6. INTERACTION WITH THIRD PARTY PRODUCTS We enable you to interact with third party Sites, mobile software applications and products or services that are not owned or controlled by us (each a “Third Party Service”). We are not responsible for the privacy practices or the content of such Third Party Services. Please be aware that Third Party Services can collect Personal Data from you. Accordingly, we encourage you to read the terms and conditions and privacy policies of each Third Party Service.

7. LOG FILES

We use log files. We use such information to analyze trends, administer the Site, track users’ movement around the Site, and gather demographic information.

8. ANALYTIC TOOLS

Plausible**. **The Site uses a tool called “Plausible” to collect information about use of the Site. Plausible collects information such as how often users visit this Site, what pages they visit when they do so, and what other websites they used prior to coming to this Site. We use the information we get from Plausible to maintain and improve the Site and our services. Plausible’s ability to use and share information collected by Plausible about your visits to this Site is restricted by the Plausible Terms of Service, available at https://plausible.io/terms, and Plausible Privacy Policy, available at https://plausible.io/privacy and the Data policy available at https://plausible.io/data-policy.

We reserve the right to remove or add new analytic tools.

9. SPECIFIC PROVISIONS APPLICABLE UNDER CALIFORNIA PRIVACY LAW

9.1. California Privacy Rights: California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected]. Please note that we are only required to respond to one request per customer each year.

9.2.  Our California Do Not Track Notice: Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browser, but we may allow third parties, such as companies that provide us with analytics tools, to collect personally identifiable information about an individual consumer’s online activities over time and across different web sites when a consumer uses the services.

9.3. Deletion Of Content From California Residents: If you are a California resident under the age of 18 and a registered user, California Business and Professions Code Section 22581 permits you to remove content or Personal Information you have publicly posted. To remove, please send an email to [email protected] Please be aware that after removal you will not be able to restore removed content. In addition, such removal does not ensure complete or comprehensive removal of the content or Personal Information you have posted and that there may be circumstances in which the law does not require us to enable removal of content.

10. CONTACT US

If you have any questions, concerns or complaints regarding our compliance with this notice and the data protection laws, or if you wish to exercise your rights, we encourage you to first contact us at [email protected]