Terms & Conditions

INTRODUCTION

Welcome to Home – Bestree (the “Website” or “Site“). These Website Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage and all its subpages, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”).

This website is owned and operated by Bestree Ltd. (“we”, “us” or “Bestree”, as applicable). The term “you” and “your” (as applicable) refers to the user or viewer of this Website. The term “this website” refers to the the website, including any content, functionality and services offered on or through it.

Please read these terms and conditions carefully before accessing or using this Website. These terms and conditions regulate your access to and use of this Website. By visiting this Website you are deemed to have read and agreed to these terms and conditions, including our Privacy Policy, which together constitute the entire agreements between you and Bestree in relation to this Website, and supersede all previous agreements, whether written or not, in respect of your use of this Website.

If you disagree with these terms and conditions, or any part thereof, you should avoid any use of this Website.

Bestree reserves the right to change these terms and conditions, from time to time, without prior notice. Your continued use of this Website, post any such modifications, shall be deemed as your acceptance of any changes to these terms and conditions. You are therefore advised to review these terms and conditions periodically to familiarize yourself with any modifications.

For the purpose of this clause hereof, the terms “Bestree”, “we” and “us” also include any of our affiliates, directors, employees, agents, subsidiaries, successors, assigns and licensors.

TITLE AND OWNERSHIP

All intellectual property rights and any all other proprietary rights in any information and content presented in this Website, including, inter alia, all content, information, data, functionalities, and materials available on, contained in, or form part of this Website, including but not limited to any literature, videos, pictures, images, logos, graphics, designs, software, functionalities, and codes, are owned by us or licensed to us by third parties, and are all protected by applicable copyright and trademark laws.

Any use of the information or content available in this site, without our explicit, written, prior consent, of is strictly forbidden.

This Website and all content, terms of use and information available therein, is provided on an “as is”, “as available” basis, and shall not be considered, in any way, as license and\or approval of Bestree to use any of Bestree’s intellectual property, including inter alia, any patent, copyright, trade mark, service mark or tradename.

THE CONTENT OF THIS WEB SITE

This Website makes available for viewing certain contents and general information relating to Bestree and products that are being developed, manufactured and\or distributed by Bestree (the “Products“).

Bestree is not responsible and\or guaranty that the information and contents in this Website and accurate and\or precise and\or complete and\or helpful and\or reliable and\or suitable for your needs.

Bestree reserves full rights, at its own discretion, to edit, remove any content and/or information presented in this Website.

PERMITTED USE

You agree to use this Website only for the purposes permitted by these terms and conditions and in accordance with applicable laws and regulations.

You are hereby granted a limited, revocable, non-transferable license, to view the content of this Website on-line, solely for your own personal, non-commercial use, and not for lease, resale or any other form of distribution, and subject at all times to the restrictions set out in these terms and conditions.

You should not: (a) use this Website or any content or materials therein for any commercial purpose, including, without limitation, republish material from this Website in neither print nor digital media or documents (including republication on another websites, application or commercial service), or sell, lease, distribute or sublicense material from this Website, or use this Website for marketing purposes; (b) copy, reproduce, distribute, publish, make available, communicate to the public, publicly display or perform, create derivative works of, transmit, broadcast, or in any other way exploit any part of this Website or its content, except to the limited extent required for your personal viewing of this Website on a non-commercial basis; (c) edit, modify or create any derivative works of this Website or its content; (d) access (or attempt to access) any of the content of this Website, by any means other than through the means we provide, through any device or technology, circumvent technological measures employed to control access to, or the rights in, this Website or any content therein; (e) decompile, reverse engineer, disassemble, or otherwise reduce the code used in this Website into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on this Website; (f) use any device, software or routine to interfere or attempt to interfere with the proper working of this Website; (g) take any action which imposes an unreasonable or disproportionately large load on the Website; (h) use any robot, spider or other automatic device or manual process to monitor, deep link with or copy any part of this Website and/or access (or attempt to access) any of the content on this Website through any automated, unethical or unconventional means, including performing so called “scraping”, data “mining”, data extraction and/or “framing”; (i) use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of this Website or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; (j) use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; (k) link to this Website without our prior written consent; and (l) use this Website, its content and/or any information to train, develop, or improve any artificial intelligence, machine learning, or automated decision-making system, model, or algorithm, including but not limited to large language models, without our express prior written consent.

AVAILABILITY

We reserve the right to edit and modify this Website at our sole discretion.

We do not guarantee the continuous availability of this Website and/or any content or information therein. We use commercially reasonable efforts to make the Website available 24 hours a day, 7 days a week, except for: (i) planned downtime, and (ii) any unavailability caused by circumstances beyond our reasonable control, including, for example, an act of God, Internet service provider failure or delay.

This website may be accessed from various countries around the world and may occasionally contain content or information or references to products or services that are not available in your country.

PRIVACY

Your privacy is important to us. To see how we collect, manage, process, secure, and store your private information, please refer to our Privacy Policy available at: bestree.io/privacy-policy, which is an integral part of these terms and conditions and incorporated herein by reference. We recommend that you read the Privacy Policy before using this Website. By accessing and/or using this Website you represent that you have read the Privacy Policy, understand it, accept it and agree to abide by its terms.

NO WARRANTY

This Website and all content and information available therein are provided on an “as is”, “as available” basis, without any representations or warranties, expressed or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement of third-party rights.

To the fullest extent permitted by law, Bestree excludes all representations and warranties relating to this Website and its contents, including in relation to any inaccuracies or omissions in this Website and/or its contents. No content, information or materials provided on this Website should be considered as complete or accurate, nor should it be relied upon for any purpose or means.

Bestree will have no warranty or liability to any action taken by a user, based on the information represented in the website, and each user hereby gives its full consent that his access and use of this Website are at his own sole responsibility. Bestree will not take any warranty and/or liability for any act or omission related to the contents and the information represented in the Website.

Bestree will have no warranty or liability for any losses or damages whatsoever, whether in contract, tort or otherwise, arising out of or in connection with your use of or inability to use this Website, including without limitation direct loss, loss of profits, loss of business, loss of opportunity, loss of data (whether or not such loss was foreseeable, arose in the normal course of things or we have been advised of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

In no event shall Bestree, nor any of its owners, shareholders, officers, its consultants, IT managers or other entity acting on its behalf with respect to this website, be liable to you for anything arising out of or in any way connected with your use of this website, whether such liability is under contract, tort or otherwise, and Bestree, including its owners, shareholders, officers, its consultants, IT managers or other entity acting on its behalf shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

INDEMNITY

You agree to indemnify and hold us harmless from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of any provision in these terms and conditions or arising out of any claim that you have breached any provision of these terms and conditions.

We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this provision. In such event, you shall provide us with such cooperation as is reasonably requested by us.

GOVERNING LAW AND JURISDICTION

These terms and conditions and your use of this Website are governed by the laws of the state of Israel. Any dispute or action in connection with these terms and conditions shall be brought exclusively before the competent courts in the city of Tel Aviv, Israel, which shall have sole and exclusive jurisdiction over any such dispute and action, and you give your irrevocable consent to the jurisdiction of such courts. You agree that regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, related to or connected with the use of or inability to use this Website and/or any content or information therein must be filed by you within six (6) months after such claim or cause of action arose or be forever barred.

MISCELLANEOUS

If any of these terms are deemed invalid or unenforceable for any reason, then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure by us to enforce any of the provisions set out in these terms and conditions shall not be construed as waiver of such provisions and shall not affect the validity of these terms and conditions or any part thereof, or the right thereafter to enforce each and every provision.

These Terms, including any legal notices and disclaimers contained on this Website, and the Privacy Policy attached hereto as an integral part hereof, constitute the entire agreement between Bestree and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

If you have encountered any inaccurate/un-updated information in the Website; please contact us by sending an e-mail to: [email protected].

PRIVACY POLICY

INTRODUCTION

This privacy statement (“Statement”) applies to Bestree Ltd. (the “Company” “we,” or “us“) which operates this website (the “Website”). The term “you” and “your” (as applicable) refers to the user or viewer of this website.

The security and privacy of your information are very important to us. Whether you are one of our customers, potential customer, or just visiting our website, we want you to trust us with managing and protecting the information that you provide us with.

We have prepared this statement to explain more about who we are and how we collect and manage your information.

This Website is a general audience website which is neither designed nor intended for the use of, or collection of personal information from, children and/or minors.

This Statement forms part of our Terms and Conditions. By using the Website and/or by agreeing to this Statement, e.g., you understand and acknowledge that your information might be collected and processed as set forth by this Statement.

HOW YOU CAN CONTACT US

Bestree Ltd.

Phone: +972 52-790-8289

Mail: [email protected]

Questions, comments, requests and complaints regarding this Statement and the information we hold are welcome and should be addressed to us by using the contact details above. All requests will be dealt with promptly and efficiently.

DATA CONTROLLER / DATA PROCESSOR

Under the European General Data Protection Regulation (”GDPR”), we are the Data Controller of our direct Customers’ Personal Data, and certain types of User’s Personal Data.

The Data of which we are deemed as a Controller, consists of profile, and contact details, usage, preferences, engagement and analytics data. In addition, we are the Controller of the data which is being collected in our promotional Website.

With respect to such data, we assume the responsibilities of Data Controller (to the extent applicable under law), as set forth in this Statement. In such instances, our external suppliers processing such data will assume the role of “Data Processor”.

INFORMATION WE MAY COLLECT FROM YOU

“Personal Data”, or personal information, means any information about an individual from which that person can be identified.

We collect Personal Data from you voluntarily when you provide such Personal Data to us, when you register or use the Websites with which you voluntarily interact. We may also obtain such Personal Data about you as may be provided to us during our legitimate business activities.

You do not have to provide us with your information, but in some cases, if you do not, it may mean that you are unable to use some parts of our Website\services. For example, we may be unable to complete a requested “contact form” inquiry, unless you’ll provide us with your contact details.

When you use our Website and choose voluntarily to provide us with your information, we might also collect and process the following information:

Identity Data – including full name, username or any similar identifier, title and any other information provided by you upon your sole discretion.
Contact Data – including email address and telephone numbers.
Usage Data – includes information about how your use our Website, including a record of your use in some cases.
Technical Data – includes internet protocol (IP) address, the device you are using, browser type and version, screen resolution, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.

We also collect, use and share aggregated data such as statistical or demographic data for any purpose. aggregated data may be derived from your Personal Data but does not reveal your identity.

HOW IS YOUR PERSONAL DATA COLLECTED

We use different methods to collect data from and about you, including through:

Direct interactions – You may give us your Identity, Contact and other Personal Data by filling in forms or registering to the Website (or by corresponding with us by phone, email or otherwise).
Automated technologies or interactions – As you interact with our Website, we may automatically collect Personal Data through the use of our System features and tools or Cookies (please refer to the description below, under “Cookies Usage”).

COOKIES USAGE

Like many other websites, the Website uses cookies to improve your experience while you navigate through the website. We may use various types of Cookies:

Essential Cookies – which are necessary for the site to work properly (usually appears under our cookie tag);
Functional Cookies – designated to save your settings on the site – your language preference or other view preferences;
Session Cookies – used to support the functionality of the website – such Cookies are stored only temporarily during a browsing session and are deleted from your device when you close the browser.
Targeting 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 (e.g. Google’s Cookies).
Analytics Cookies – give us aggregated information which enables us to improve the way our website works, e.g. Google analytics.

Please note that the data collected by use of Cookies may be linked to and combined with any other data, including Personal Data.

Managing cookies and opting out: aside from the Essential Cookies described above, you can always configure your browser or use the “cookies bar” installed in our Website to reject all cookies or notify you when a cookie is set, but sometimes in that case, certain services, features, and functionality in our website may not be available to you.

THE PURPOSES OF THE PROCESSING

We might use your data in order to: enable you to use our Website in the most effective way, including the personalization of your experience by presenting content tailored to your interests; meet or comply with any applicable rules, laws, regulations, codes of practice or guidelines issued by any legal or regulatory body; assess or evaluate the effectiveness of our services, as well as any technical and organizational measures designated for the protection of your Personal Data; Improve and secure our services and systems; protect our rights and legitimate interests, as well as defend against any lawsuit, legal claim or complaint; to conduct any other activities that are required to provide our services.

THE LEGAL BASIS FOR THE PROCESSING OF YOUR PERSONAL DATA

We will only process and use your Personal Data when the law allows us to, i.e. when we have a Lawful Basis for such usage. Such lawful and legal basis can be any of the following:

Processing actions which are related to your requests, to carry out our obligations. For example, contacting you per “Contact” form filled by you. Another example is the processing of your data as our Customer of the Website;
Our use of your information is necessary to meet responsibilities we have to our regulators, tax officials, law enforcement, or otherwise meet our legal responsibilities;
Our use of your information is in our legitimate interest as a commercial organization. For example, to operate and improve our services and to keep people informed about our products and services. In these cases, we will look after your information at all times in a way that is proportionate and respects your privacy rights, making sure our legitimate interest is not overridden by your interests or fundamental rights and freedoms;

In general, and as detailed above, we do not rely on consent as a legal basis for processing your Personal Data. Yet, in any case in which you have provided your consent to our processing of your information, you can withdraw this consent at any time by contacting us through the contact details provided above.

PROCESSING OF ANONYMIZED OR STATISTICAL DATA

In some circumstances we may anonymize the Personal Data which is being collected and managed through the use of our Website, so that it can no longer be associated with any identified person. Such anonymized or aggregated data, might be used by us as part of our Services, including for research or statistical purposes, without further notice to you.

DATA RECIPIENTS

We may disclose your Personal Data to third parties in a variety of circumstances in the ordinary course of operating our business, such as:

Disclosure of Personal Data to persons authorized to process personal data, in our organization, or third-party service providers, qualified as data processors or sub-processors, providing us with services supporting our services and ordinary course of business, e.g. system, storage and computing services, as well as marketing efforts, in accordance with applicable law;
Indirectly, and in connection with the use of Cookies through a third-party service as explained above;
When we have a legal obligation to do so, or when where are allowed to do so under our legitimate interests.

In any such communication we will take steps to make sure such transfer is carefully managed to protect your privacy rights:

transfers to any subcontractor or processor will be subject to contractual terms ensuring the security and protection of any Personal Data under any such sub-processor, in accordance with applicable law provisions;
any requests for information we receive from law enforcement or regulators will be carefully validated before the disclosure of any Personal Data.

DATA PROCESSING LOCATION

Any transfer of data which originates in the European Union (“EU”) to a country outside of the European Economic Area (EEA), shall be made in compliance with the provisions of chapter 5 of the GDPR. Such transfer can be made to countries which are recognized as providing an adequate level of legal protection or where we can be satisfied that alternative arrangements are in place to protect your privacy rights, e.g. signing a standard contractual clauses which were published and authorized by the relevant EU authorities.

It is important to note that Bestree Ltd. is headquartered in Israel, a country which is considered by the European Data Protection Board to be offering adequate level of Personal Data protection regulation.

LINKS TO OTHER SITES

Our Website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

HOW WE SECURE YOUR INFORMATION

We are committed to protecting the security of your Personal Data. We use a variety of security technologies and procedures to help protect your Personal Data from unauthorized access and use. However, the collection, transmission and storage of information can never be guaranteed to be completely secure. Yet, we take steps to ensure that appropriate security safeguards are in place to protect your information, and we will continue to revise our policies and implement additional security features.

RETENTION PERIODS FOR STORAGE OF PERSONAL DATA

We will only store your Personal Data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. As part of that we might store and keep record of data which might be required for us for our legal protection. We have defined data retention periods for any data item in our systems, ensuring minimization of retention periods.

As explained before, in some circumstances we may anonymize your Personal Data, in which case we may save and use this anonymized information indefinitely.

DATA SUBJECTS’ RIGHTS UNDER PRIVACY PROTECTION LAWS

Under EU law, EU residents and individuals, have certain rights to apply to us to provide information or make amendments to how we process data relating them. Similar rules apply under the Israeli Privacy Protection Regulation. Those rights might include:

right to access your Personal Data – you can ask us to confirm whether or not we have and use your Personal Data, and if so, you can ask for a copy of your data;
right to correct your Personal Data – you can ask us to correct any of your Personal Data which is incorrect, after verifying the accuracy of the data first;
right to erase your Personal Data – you can ask us to erase your Personal Data if you think we no longer need to use it for the purpose we collected it from you. you can also ask for such erasure in any case in which the process of your data was based on your consent, or where we have used it unlawfully or where we are subject to a legal obligation to erase your Personal Data. any request for such erasure will be subject to our obligations under the law (e.g. our obligation to keep some records for tax or customs purposes);
right to restrict our use in your Personal Data – you can ask us to restrict our use of your Personal Data in certain circumstances;
right to object to how we use your Personal Data – you can object to any use of your Personal Data which we have justified by our legitimate interest if you believe your fundamental rights and freedoms to data protection outweigh our legitimate interest in using the information;
you can always require us to refrain from using your data for direct marketing purposes;
you can ask us to transfer your information to another organization and/or provide you with a copy of your Personal Data (Portability Right);
You have the right to lodge a complaint at any time before the relevant supervisory authority for data protection issues. However, we will appreciate the chance to deal with your concerns before you approach the authorities, so please feel free to contact us in the first instance.

We may not always be able to do what you have asked. In addition, not all of those rights apply in every jurisdiction. For example, if it would impact the duty of confidentiality we owe to others, or if we are otherwise legally entitled to deal with the request in a different way. In addition, the Portability Right doesn’t apply under Israeli Privacy Protection laws. So not always we will be able or obliged to provide you with those rights. However, we encourage you to contact us with any such request, and we will be happy to assist you.

SPECIAL NOTIFICATION FOR CALIFORNIA RESIDENTS

We do not sell your personal information for the intents and purposes of the California Consumer Privacy Act (“CCPA”). We can use your personal data for our purposes, but only as described above or after the anonymization of such data, including aggregate data which can no longer associated to you.

CHANGES TO THIS PRIVACY STATEMENT

We reserve the right to change this statement from time to time at our sole discretion. If we make any changes, we will post those changes here so that you can see what information we gather, how we might use that information and in what circumstances we may disclose it. By continuing to use our site or our services or otherwise provide data after we post any such changes, you accept and agree to this statement as modified.