Fix Digital Inc. (“We” or “Fix Digital”) which manages and operates the FixDigital System” (the “System”). Respect the privacy of Users of the System, and will act to protect the privacy of Users in accordance with the privacy policy set out below and in accordance with the provisions of any law. We believe that you have a right to know Fix Digital’s policies regarding the types of information We may collect and how We use it when using the System, and/or the Services We offer (the “Services”). Please read this Privacy Policy which describes how the information is collected, used and transferred carefully.
Insofar as you make use of the System, this Privacy Policy is part of the General Terms of Use available on the System (the “General Terms of Use”). Use of the System and accessing it, including the Services offered through it, are subject to the General Terms of Use governing the relationship between Fix Digital and you as a User and the mere use thereof indicates your acceptance of the General System Terms of Use and this Privacy Policy. Except if otherwise defined, the terms defined in the System’s General Terms of Use shall have the same meaning as described in the General Terms of Use. Fix Digital may condition the access to the System, or to the Services on a registration which will include the User’s identification details and other details according to its discretion. In the event that the User does not provide the data for which the obligation to provide is expressly indicated in the System or in any other way, Fix Digital may prevent the User from browsing the System, certain areas of the System, or from using the Services, in its sole discretion.
As part of using the System or registering for the System and using the Services, you may be asked to provide Fix Digital with details about you, including your full name, email address, telephone number, credit card number and other identifying information, as may be required from time to time. You declare that you know that you are not obligated by law to provide this information to Fix Digital, and that the information was provided voluntarily and with your informed consent. In addition, when using the System or membership in the program, information may be collected about your habits, how you use the System, information about the device and the end equipment with which you will use the System, your digital identifiers (such as your IP address, MAC address, IMEI number, etc.) your location, products you have purchased, content or advertisements you have read in the System, pages viewed, offers and Services that have interested you and more. As part of making credit card payments, We may also collect details about the transactions you have made in connection with the products We offer and your consumption habits.
During the use of the System, you may upload, store and process personal information in the System regarding the subjects of your information. You are the owner of this information database and it is your responsibility to ensure that you use it in accordance with the legal requirements and the rights of the data subjects, including obtaining their consent as necessary.
By registering for the Service, you agree that the Company may contact you regarding the Service as well as send you email and SMS messages. We may retain correspondence and/or conversations between you and us for customer service, administration and service improvement purposes. When you register for the Service, the Company will add you to our mailing list, so that you will receive updates and publications from us from time to time regarding promotions, Services and products and other information that may be of interest to you. You can unsubscribe from the mailing list and direct mailing at any time by sending an email to support@fixdigital.co.il. After submitting a Removal Request, the Company will stop sending you promotional materials.
The use of such information will only be made in accordance with this Privacy Policy for the purposes set out below:
(a) To operate and manage the System, Program and Services, including the sales activities of Fix Digital. (b) To provide you with Service and maintain contact with you. (c) To improve and enrich the Services, including to create new services and content appropriate to the requirements and expectations of Users and to modify or cancel existing Services. (d) To derive from the information you have provided us with additional types of information and characterizations about you, including in relation to your interests, preferences and such other data. (e) For the purpose of sending various content, including commercial offers, on our behalf, on behalf of our customers or our business partners, subject to your consent and subject to the fact that you may request at any time not to receive such content and communications. (f) To adapt the ads that will be displayed to you when using the System to your areas of interest. (g) For direct mailing purposes based on the characterization and segmentation of groups with different characteristics. (h) for any other purpose, as set forth in the General Terms of Use System or this Privacy Policy.
The details and information about you will not be disclosed to third parties without your prior consent, except as permitted under this Privacy Policy, as updated from time to time. Notwithstanding the foregoing, you acknowledge that Fix Digital may transfer your Personal Information to third parties in the cases listed below: (a) Fix Digital affiliates and service providers, in order for Fix Digital to provide you with the Services, in accordance with the purposes set out in Section 2 above. (b) To its business partners and other third parties for the purpose of sending marketing, advertising and other materials that may be of interest to you, provided that your express consent has been obtained separately to provide such information subject to the provisions of any law. (c) To the extent required by law or order to disclose information to a government authority or third party, We may also disclose information to the extent necessary to enforce an agreement, file a complaint about fraud, or conduct that may cause harm to us or others. (d) In the event that Fix Digital believes that the provision of the information is necessary to prevent serious harm to your body or property or the body or property of another. (e) Whether it is statistical information about the use of the System or Program Membership, or any information that does not personally identify you. In addition, subject to generally accepted confidentiality arrangements, We may transfer the information as part of our databases, to purchasers and potential purchasers of all or any part of the operations, assets or shares, including our merger transaction with another company, and as part of negotiations and due diligence in connection with such transactions. When information is transferred to third parties, as mentioned above, it is understood that these third parties may be located outside the borders of the State of Israel and therefore be subject to the privacy laws of other countries of the world, including countries that do not provide the same protection as that afforded by Israeli privacy law. Therefore, you expressly authorize Fix Digital to transfer the information collected about you, in accordance with the Privacy Policy, to these countries as well.
The data and information provided to Fix Digital will only be retained for the time required and reasonable for the purposes for which they were collected. Please note that anonymous or aggregative information may remain on our servers and We may use it, among other things, for current and future analysis and statistical purposes indefinitely. You have the right to request to review the information We collect about you and to request that We correct it if this information is incorrect, complete or accurate. Requests to review the information and its correction can be sent by message through the System or by sending a message on the Fix Digital website or by e-mail: support@fixdigital.co.il
Fix Digital may use tools and services to analyze data and use various companies that provide it with statistical analyses about the use of the System or Program Membership. The companies collect and analyze information about the scope of use of the System, the frequency of its use, and the like. The information collected is essentially statistical, it does not identify you personally and is intended for analysis, research and control purposes.
The System may use generally accepted industry technologies, such as ‘Cookies’ (Pixels, Gifs, Cookies, Web Beacons, etc.) (hereinafter: “Cookies”) for the purpose of storing information locally on your device in connection with your use of the System, in order to make your browsing experience on the System simpler, more relevant and convenient. The use of Cookies is for the regular and proper operation of the System, including to collect statistics about the use of the System, to verify details, to adapt the System and/or its contents to your personal preferences and information security needs. Cookies are text files, which your browser creates on command from the System computers. Some cookies expire when you close your browser and others are stored on your device’s hard drive. If you do not want cookies installed, you can avoid this by changing the settings in your browser. To do this, please consult the Help File of the browser you are using on your device. Keep in mind, however, that disabling Cookies may cause you to be unable to use some of the services and features on some sites.
The System may contain links to various pages, applications, and websites on the internet that are not managed or operated by Fix Digital or anyone on its behalf. Fix Digital does not control or supervise such pages, applications and websites, and the fact that Fix Digital links to these contents does not indicate its agreement with their content and does not constitute a guarantee of their reliability, relevance or legality. Use of these pages, apps and websites is subject to the privacy terms contained therein, and not to the Privacy Terms of Fix Digital.
Fix Digital does everything in its power to protect the confidentiality of personal information, while taking common precautions and using information security systems to prevent unauthorized access to the information in its possession, including the use of encryption mechanisms used in commerce, subject to the provisions of any law. The User is aware that Fix Digital devotes resources and takes industry-accepted measures to prevent intrusion into the System and prevent possible invasion of privacy. However, Fix Digital cannot guarantee that the System and Services will be completely immune from unauthorized access to the information stored by it and, subject to the provisions of any law, it will not be liable for any damage caused by penetration to the information held by it and/or unauthorized use of such information.
In addition to the information outlined in our Privacy Policy, we would like to specify how our application interacts with Google user data. Our application utilizes the Google Gmail API to send emails on behalf of users within our CRM system. This functionality requires access to certain user data associated with their Google account, including but not limited to email addresses and email content.
The access to Google user data is solely for the purpose of facilitating email communication within our CRM system. This includes sending emails, managing email drafts, and accessing email metadata necessary for email delivery and tracking.
We are committed to protecting the privacy and security of Google user data accessed through our application. All data transmission and storage comply with industry-standard security measures to prevent unauthorized access, disclosure, alteration, or destruction of user data.
By using our application and providing access to their Google account, users consent to the collection, processing, and usage of their Google user data as described herein and in our Privacy Policy. Users retain full control over their data and can revoke access at any time through their Google account settings.
If you have any questions or concerns regarding the access and usage of Google user data by our application, please feel free to contact us at support@fixdigital.co.il. We are committed to addressing any inquiries promptly and transparently.
This addition provides clarity on how your application interacts with Google user data and assures users of your commitment to data protection and user privacy.
Fix Digital may periodically change the provisions of the Privacy Policy, partly in order to reflect technological, business, legal or regulatory changes. If material changes are made to this Policy, including in relation to the instructions regarding the use of the personal information you provide, a notice will be posted on the System Homepage and on the Fix Digital website at: fix-crm.com
If you have any questions regarding the General Terms of Use of the System and/or the General Terms of Use and/or this Privacy Policy, or if you wish to review, correct or delete your personal information, you are welcome to contact us by sending a message on the System or by sending a message on the Fix Digital website or by e-mail: support@fixdigital.co.il
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The Term of Engagement is on a monthly basis.
At the end of each month, the call will be renewed automatically, unless a notification has been received in advance in writing within a period of 14 days before the end of the month to office@fixdigital.co.il
The payment will be made by credit card one every month, including for use in accordance with the measures specified in the agreement between the parties.
The Preamble and General Terms to this Agreement form an integral part of it:
In this Agreement, the terms below shall have the meaning indicated on their side:
The Client — the customer as stated in this Agreement, the “Company”; the ”Supplier” — “Fix Digital Inc.”; User — any person and/or entity that accesses the Platform; the “Services” — the Services provided by the Supplier to the User, as specified in Paragraph 1 above.
A fundamental breach of the Agreement and/or the cancellation of the monthly employment/charge before the end of the term of the Agreement shall entitle the Client to full ownership under this Agreement regardless of the reason or date of the cancellation.
For any deviation in the payment terms, as stipulated in the Agreement, the Client will be charged for exceeding interest as determined from time to time by the Bank of Israel.
It is agreed that the Supplier has the right to raise prices and that the Client undertakes that it will not have any claim in this regard. For the avoidance of doubt, in these circumstances, the Client will be able to terminate the Contract unless the price increase was caused by an exception to the package purchased by the Client.
The Client’s signature on this Agreement constitutes a final confirmation of ordering the aforementioned Services and an irrevocable and unconditional commitment to payment in accordance with what is stated in this Agreement and its terms.
Notwithstanding the provisions of this Agreement, the failure to timely make any payment, in whole or in part, by the Client, constitutes a fundamental breach of this Agreement and the Supplier shall be entitled to immediately discontinue the Services, in whole or part, at the sole discretion of the Supplier, and remove the content without prejudice to the additional remedies available to the Supplier under any law.
The Client declares and undertakes that it alone is liable for its use of the Company’s Products or Services and for all materials and/or content and/or information uploaded or published by it and/or by parties on its part on the Company’s Products, including design images, fonts, etc. The Client shall be liable for violation of any provision of law (including Consumer Protection Law, Privacy Protection and Sending of Advertising Content) and/or violation of any rights of third parties, including intellectual property rights of any kind and type and/or any material that is defamatory to a person and/or violates its privacy and/or any material whose publication is prohibited by the provisions of any law and/or any material that may be mislead a consumer, as defined in the Consumer Protection Law, 1981, or any other law. The Client undertakes to indemnify and compensate the Supplier and defend the Supplier for any expense, damage, liability, claim, demand, fine, investigation or any proceeding, including legal expenses, that may be incurred to the Supplier or to anyone on its behalf due to: (a) breach of this Agreement, (b) failure to comply with legal requirements, (c) infringement of any third party rights, including intellectual property rights or the right to privacy or the right to advertising, (d) violation of the Consumer Protection Law, including A Call to the Consumer contrary to Amendment 61 of the Law, (e) sending advertising content, or (f) any claim related to the Products or Services of the Client, all immediately upon the Supplier’s request.
Email for troubleshooting and getting answers to issues support@fixdigital.co.il
Any additional training beyond the training hours that will be allocated in the setup process will incur a fee of NIS 200 + VAT per hour.
The Supplier’s Services and Products are offered to the Client “AS IS” and without warranty and/or guarantee of any kind, whether express or implied and/or by virtue of law (to the extent that the applicable law allows it). The Supplier does not guarantee that the Service and Products will always be accessible and uninterrupted or 100% free of defects and faults. In no event shall the Supplier be liable for indirect, consequential, or punitive damages, even if it knew of the possibility of the event for which the damage was caused. In no event shall the Supplier’s aggregate liability exceed the total amounts paid to the Supplier for the Services during the six (6) months preceding the event in respect of which the damage was incurred.
The Parties to this Agreement agree that in any dispute arising between the Parties in respect of this Agreement, all arising therefrom, the Petah Tikva Magistrate’s Court and/or the Tel Aviv District Court, as the case may be, shall have a unique local authority.
After delivery of the System to the Client, no refund will be made for the installation.
By signing this Agreement and its terms, the Client declares that it has carefully read the Agreement on all its parts and terms and understands and agrees to all its provisions and completely and unreservedly waives any claim of non-conformity and/or claim regarding a Standard Contract.
By signing this Agreement and its terms, the Client declares that it has carefully read the Agreement on all its parts and terms and understands and agrees to all its provisions and completely and unreservedly waives any claim of non-conformity and/or claim regarding a Standard Contract.
The addresses of the parties mentioned in this Agreement are the addresses for delivery of any notice and/or document related to this Agreement. Notices can be sent via registered mail or via e-mail only, which will be accompanied by a delivery confirmation for registered mail and a receipt confirmation for e-mail.
The Client may not assign its rights and obligations under this Agreement to a third party. The Supplier may exercise all of its undertakings and rights under this Agreement in connection with a merger, restructuring or sale of all or the most of its assets.
The Supplier may revise and update these Terms at any time with thirty (30) days’ advance notice to the Client. If the Client continues to use the Supplier’s Service or Products, this will be considered as consent to such change/update.
4th. Texting and Email Service – Email/SMS:
“Message” and/or “Message Service” — An SMS and/or VMS message containing a link to a web page and/or an MMS message and/or e-mail) to recipients of an e-mail (sent via the Company’s systems to recipients over a mobile network).
End User and/or End Client” — A person or entity or corporation to whom the Client wishes to send messages.
”Information Page” — A circular detailing the limitations of the Service, which will be updated by the Company from time to time under the General Terms listed on the Company’s website.
The Company will provide the Client with the technological infrastructure that will allow it to send SMS messages to end clients.
It is clarified that the Company’s infrastructure and Services, as well as the quality of Services and its existence, are affected, among other things, by factors and/or suppliers and/or telecommunications operators and/or mobile operators, which are not under the Company’s control, including blockages and/or failures in other networks to which the Company’s network is connected, weather conditions, etc., and therefore the Company is not responsible towards the Client and/or third parties connected with the Client and/or the end users directly and/or indirectly for faults that are not under the control of the Company. In view of the foregoing, the Client hereby irrevocably waives any claim against the Company and/or the mobile companies and/or operators with which the Company has contacted in connection with the malfunction in the provision of said service.
It is clarified that the Company’s infrastructure and Services, as well as the quality of Services and its existence, are affected, among other things, by factors and/or suppliers and/or telecommunications operators and/or mobile operators, which are not under the Company’s control, including blockages and/or failures in other networks to which the Company’s network is connected, weather conditions, etc., and therefore the Company is not responsible towards the Client and/or third parties connected with the Client and/or the end users directly and/or indirectly for faults that are not under the control of the Company. In view of the foregoing, the Client hereby irrevocably waives any claim against the Company and/or the mobile companies and/or operators with which the Company has contacted in connection with the malfunction in the provision of said service.
The Client declares that it has the right to engage in this Appendix and perform all actions specified therein, without the need for the permission of any third party, and that there is no legal and/or contractual and/or other limitation to its engagement in this Appendix and its execution by it.
The Company will allow the Client to provide the Service to end customers who have given explicit, traceable written consent in advance to receive the messages. The responsibility for obtaining the consent of the end customers to receive the Services rests exclusively with the customer. In addition, the Client must ensure that if the configuration of a Textual Sender Field is used in the sending of addressed messages, then the same Textual Sender Field is one that clearly identifies the sender of the message. The Client will avoid adding a Textual Sender Field that could mislead the recipients of the message. The Client is aware that, in accordance with the guidelines of the Ministry of Communications, the addition of such a misleading Textual Sender Field will have legal consequences that will apply exclusively to it. And for the avoidance of doubt, they will not apply to Fix Digital Ltd. in any case. It is clarified and agreed that violation of the provisions of this clause is tantamount to a fundamental breach of this Appendix, and will allow immediate disconnection without any notice and/or prior notice of the Client from the Service at the discretion of the Company and/or the mobile operator, without prejudice to the Company’s rights to sue for any damage caused to it and/or the mobile operator as a result of the violation.
The Client shall be liable for complying with the terms of any law in connection with the performance of the Service which applies at the time of signing this Appendix and/or which will apply in the future, including the Bezeq Communications and Services Law, 1982 below: “The Communications Law” and/or the provisions of the Bezeq Communications and Broadcasting Law, Amendment No. 40, 2008 the “Spam Act”. It is clarified and agreed that it is the Client’s liability to verify and keep abreast of the provisions of the law and regulations from time to time and that the Company will not provide the Client with advice in connection with the aforementioned, legal or otherwise.
The Client shall not infringe any intellectual property rights, including any copyright, in receiving the Services under this Appendix. The Client shall be solely responsible for the content contained in the messages or on each page of the website to which the messages are directed, including arranging and paying for any necessary license.
The Client undertakes to comply with the provisions of all laws, including that any SMS /VMS message sent by the Client shall contain the Client’s name and ways of contacting it for the purpose of providing a message of refusal to receive further messages by the end user. Each MMS, WAP and/or email message shall contain the necessary details in accordance with the law of communication, insofar as the message constitutes an “advertisment”, and among other things it is clarified that the email and/or the WAP page will contain all the details required by law, including whether the message is an advertisement and if the speaker in the email message — in the title of the message, the name of the advertiser, his address and the ways of contacting it, the recipient has the right to send a refusal notice at any time in a simple and reasonable manner.
In addition to and without prejudice to the stated anywhere in this Appendix and/or the Contract, the Client undertakes that the contents of this Appendix, which it will transmit directly or indirectly to end customers, will not include the following contents:
Phonographic material or of a blatantly sexual nature or likely to offend the feelings of the public.
Any material relating to and identifying minors, their personal information or status, and ways of communicating with them
Any computer software, computer code, or application that contains a virus, including malicious software, etc.
