The Clearshift Group Privacy Policy

Clearshift Group Privacy and Cookies Policy
Dated: January 2024
This is your guide to how personal data is managed by the Clearshift Group which includes Clearshift UAB, Clearshift Israel Ltd, and Clearshift US Company (the “Clearshift Group”).
Data privacy is taken very seriously at The Clearshift Group. It is important that you know exactly what we do with the personal information you and others provide to us, why we gather it, and what it means to you. This document outlines our approach to Data Privacy to fulfill our obligations under the General Data Protection Regulation (2018).
Under the relevant data protection regulations, the Clearshift Group is the “data controller” of your information as defined below.
Please read this Privacy policy carefully, so you can fully understand our practices concerning your personal data.
PLEASE NOTE YOU ARE NOT OBLIGED TO PROVIDE CLEARSHIFT WITH ANY PERSONAL INFORMATION. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU ARE PROVIDING CLEARSHIFT WITH SUCH INFORMATION OF YOUR OWN FREE WILL, FOR THE PURPOSES DESCRIBED IN THIS DOCUMENT AND THAT WE MAY RETAIN SUCH PERSONAL INFORMATION FOLLOWING THIS DOCUMENT AND ANY APPLICABLE LAWS AND REGULATIONS.
Clearshift uses your Personal Data to provide and improve the Service. By using the Service, you agree to the collection and use of information under this Privacy Policy
Definitions/Interpretations
The words of which the initial letter is capitalized have meanings defined under the following conditions.
In this Privacy Policy, these words refer to or means as follows:
1. "Company" referred to Clearshift Ltd. According to the GDPR (EU General Data Protection Regulations), the Company is defined as a Data Controller.
2. "GDPR"- EU 2016/679 General Data Protection Regulation.
3. “Lithuanian Privacy Law” The Republic of Lithuania Personal Data Legal Protection Law No. I-1374
4. "Personal Data" is any information that relates to an identified or identifiable individual.
5. “Identifiable Individual” is someone who can be identified, directly or indirectly, by reference to an identifier.
6. "You" (the user) means the individual who accesses, uses, or interacts with Clearshift services, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable, and whose Personal Data may be collected, processed, or stored by us following our Privacy Policy. You can be referred to as the Data Subject or as the User as you are the individual using the Service.
7. "Service"- refers to the Website, the online payment system, the mobile app, and all other services as well as software and customer support service, etc.
8. "Website"- refers to the web pages at clearshiftinc.com, clearshift.co.il, clearshift.us.com, and related domains and any subdomains of those domains.
9. "Account"- a unique and secure user profile created within our website, enabling the user to access certain features, functionalities, or content.
10. "Cookies"- Small text files stored on a user's device by a web browser when visiting a website or using an application. Cookies are used to remember user preferences, enhance website functionality, and enable personalized content delivery. They may contain information such as login details, browsing history, and user-specific settings. (For more info, please read our Cookies Policy)
11. "Usage Data" refers to a subset of non-personally identifiable information automatically collected from users when they interact with our website, application, or service. usage data may include but is not limited to, browser type, operating system, device information, IP address, access times, pages viewed, and user interactions.
12. "Device"- means physical electronic equipment used by the user to access, interact with, or engage with our service. Examples of devices include but are not limited to, desktop computers, laptops, tablets, smartphones, and smartwatches.
13. "Service Provider"- means a third-party company or individual that provides the Company with specific services or solutions that often involve the processing of personal data or the provision of certain features and functions within our website, application, or service. Service providers may include, but are not limited to, web hosting providers, payment processors, and analytics companies. Under the GDPR and the Lithuanian Privacy Law, Service Providers are considered Data Processors.
14. "Data Controller"- The legal entity that determines, alone or with others, the purposes and means of personal data processing. Our company is a data controller.
Our contact details:

● Europe - Upes str. 23 | LT-08128 | Vilnius | Lithuania | (+370) 5 214 1541.
● U.S. - 309 Fellowship Road Suite 200 | Mt. Laurel, New Jersey | USA | (+1)9737571914.
● Middle East - Luleem #10 | Kfar Etzion | Israel | (+972)39155726.

15. "Data Processor"- An entity that processes personal data on behalf of the data controller, often a third-party service provider engaged by the controller.
16. "Data Processing"- Any operation or set of operations performed on personal data, including collection, recording, organization, storage, adaptation, retrieval, consultation, use, disclosure, or erasure.
How do we protect your personal information
We are serious about guarding the security of your personal information and using a secure server to store your personal information. All information you provide to us is stored on secure servers.
As you know, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data during transmission, and any transmission is at your own risk. Because the security of information is dependent in part on the security of the computer, device, or network you use to communicate with us, as well as the security you use to protect your user IDs and passwords, please take the necessary precautions to safeguard this information. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
We restrict access to your personal information to those employees of the Clearshift Group who have a business reason for knowing such information. We continuously educate and train our employees about the importance of confidentiality and privacy of customer information. We maintain physical, electronic, and procedural safeguards that comply with the relevant laws and regulations to protect your personal information from unauthorized access.
How Clearshift Collects Your Data and Types of Data Collected
As part of our commitment to protecting your privacy, Clearshift wants to inform you about the various methods it uses to collect data when you interact with its Services. The primary methods we use are as follows:
• Direct Collection: Clearshift obtains personal data directly from you when you voluntarily provide it to us, such as when you create an account or contact us via the website channel or mail.
• Automated Collection: As you interact with our service, certain usage data and technical information may be automatically collected through cookies, server logs, and other tracking technologies. This may include details about your device, browser, IP address, access times, and pages viewed.

Please keep in mind that our Privacy Policy explains how Clearshift uses and protects the data collected through these methods and the options and rights you have regarding your Personal Data.
Information we may collect from you We may collect and use the following data about you:
1. Information you give us
You may give us information about you when you sign up to use our service, e.g. when you provide us with your personal details, such as your name and email address. This also includes information you provide through your continued use of our Services via our website or direct communication with our customer support staff. The information you give us may include your name, address, e-mail address, phone number, financial information (including bank account information), payment reason, geographical location, and government identification numbers.
We may also need to collect additional commercial and/or identification information from you, e.g. if you send or receive certain high-value or high-volume transactions or as needed to comply with our anti-money laundering obligations under applicable law.
In providing the personal data of any individual (other than yourself) to us during your use of our Services, you represent that you have obtained consent from such individual to disclose his/her personal data to us, as well his/her consent to our collection, use, and disclosure of such personal data, for the purposes set out in this Privacy Policy.
2. Information we collect about you automatically (Usage Data)
Regarding your use of our Services, we may automatically collect the following information:
(a) details of the transactions you carry out when using our Services;
(b) technical information, including your login information;
(c) information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through, and from our Website or App (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our Customer Support number.
3. Information we receive from other sources:
We are working closely with third parties and may receive information about you from them. For example:
(a) the banks you use to transfer money to us will provide us with your basic personal information, such as your name and address, as well as your financial information such as your bank account details;
(b) business partners may provide us with your name and address, as well as financial information, such as card payment information;
(c) advertising networks, analytics providers, and search information providers may provide us with pseudonymized information about you, such as confirming how you found our website;
(d) identity and credit reference agencies do not provide us with any personal information about yourself, but may be used to corroborate the information you have provided.
(e) Due diligence information obtained from public and/or private sources.
4. Information from social media networks:
If you log in to our Services using your social media account (for example, LinkedIn, Facebook, or Google) we will receive relevant information that is necessary to enable our Services and authenticate you. The social media network will provide us with access to certain information that you have provided to them, including your name, profile image, and e-mail address. We use such information, together with any other information you directly provide to us when registering or using our Services, to create your account and to communicate with you about the information, products, and services that you request from us.
How do we use your information:
We use your information in the following ways:
(a) to carry out our obligations relating to your contract and/or transactions with us and to provide you with the information, products, and services;
(b) To Manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user such as providing our products and services and/or downloading an asset.
(c) To communicate with you: We may use your data to communicate with you about our services, including marketing communications and promotional offers. If you have opted in to receive marketing communications from us, you can always opt out by following the instructions provided in the communication.
(d) To manage Your requests: To attend to and manage Your requests to Clearshift as well as provide an answer and further information to the extent requested.
(e) to comply with any applicable legal and/or regulatory requirements; including responding to lawful requests from law enforcement agencies and government authorities.
(f) to notify you about changes to our Services;
(g) as part of our efforts to keep our Services safe and secure;
(h) to administer our Services and for internal operations;
(i) to improve our Services and to ensure that they are presented most effectively. This includes gathering feedback on our services, analyzing website traffic and usage patterns, and identifying areas for improvement.
(j) to measure or understand the effectiveness of advertising we serve and to deliver relevant advertising to you;
(k) to combine information, we receive from other sources with the information you give to us and the information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive); or
(l) to sell our products and services to you;
(m) For other legitimate business purposes: We may use your Data for other legitimate business purposes, such as enforcing our terms of service, protecting our rights and interests, and preventing fraud or other illegal activities.
Legal Basis for Processing Personal Data under GDPR
We process your Personal Data under the following conditions:
● Consent: You have given Your consent for processing Personal Data for one or more specific purposes.
● Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with You and/or for any pre-contractual obligations thereof.
● Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject.
● Legitimate interests: Processing Personal Data is necessary for the legitimate interests pursued by the Company.

In any case, we will gladly help to clarify the specific legal basis that applies to the processing, and whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter a contract.
5. Disclosure of your information
We may share your information with selected third parties including:
(a) affiliates, business partners, suppliers, our financial service providers, and sub-contractors for the performance and execution of any contract and/or transaction we enter with them or you;
(b) advertisers and advertising networks solely to select and serve relevant adverts to you and others; and
(c) analytics and search engine providers that assist us in the improvement and optimization of our site; and
We may disclose your personal information to third parties:
(a) When we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
(b) if we are under a duty to disclose or share your personal data to comply with any legal obligation, or to enforce or apply our Terms and Conditions and other applicable agreements; or to protect the rights, property, or safety of the Clearshift Group, our customers, or others. This includes exchanging information with other companies and organizations for fraud protection;
(c) to assist us in conducting or cooperating in investigations of fraud or other illegal activity where we believe it is reasonable and appropriate to do so;
(d) to prevent and detect fraud or crime;
(e) in response to a subpoena, warrant, court order, or as otherwise required by law;
(f) to assess financial risks; or
(g) to develop customer relationships, services, and systems.
(h) under the information-sharing framework for anti-money laundering and law enforcement purposes.
We do not have a published list of all the third parties with whom we share your data, as this would be heavily dependent on your specific use of our Services. To the extent permitted by law, if you would like further information about who we have shared your data with, or to be provided with a list specific to You, you can request this by writing to privacy@clearshift.eu.
Transfer of Your Data
Your information, including Personal Data, is processed at the Company's operating offices in Israel, Lithuania Europe, and the U.S. and will be maintained, processed, and stored on cloud services located in the EEA. Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement and consent to that transfer.
The Company will take all steps reasonably necessary to ensure that Your data is treated securely and following this Privacy Policy and no transfer of Your Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information, as follows:
● Internal transfers: Transfers within the Clearshift Group will be covered by an internal processing agreement entered by members of the Clearshift Group (an intra-group agreement) which contractually obliges each member to ensure that personal data receives an adequate and consistent level of protection wherever it is transferred to.
● External transfers: Where we transfer your Personal Data outside of the EU/EEA (for example to third parties who provide us with services), we will obtain relevant contractual framework commitments from them to protect your Personal Data, such as Standard Contractual Clauses (SCC) or Data Transfer Agreement (DTA) /Data Processing Addendum (DPA) depending on which country receiving the data.
Data Retention
As a regulated financial institution, the Clearshift Group is required by law to store some of your personal and transactional data beyond the closure of your account with us. Your data is only accessed internally on a “need-to-know” basis, and it will only be accessed or processed if necessary. 8.2 Retention periods vary by jurisdiction. You can request information about the retention period in your jurisdiction by writing to us at privacy.clearshift.EU.com.
Your rights
Under the GDPR, and regarding this Policy, you have the following rights:
● The right to notice. You have the right to be notified which categories of Personal Data are being collected and the purposes for which the Personal Data is being used.
● Request access to Your Data. The right to access, update, or delete the information We have on You. Whenever made possible, you can access, update, or request the deletion of Your Data directly within Your account settings section. If you are unable to perform these actions yourself, please contact Us to assist You. This also enables You to receive a copy of the Personal Data We hold about You.
● The right to request the erasure and deletion of Personal Data. You have the right to request the erasure deletion of Your Data when there is no good reason for Us to continue processing it. Such erasure is subject to certain exceptions under the GDPR, If one of the exceptions applies, we will notify you by law.

● Request correction of the Personal Data that We hold about You. You have the right to have any incomplete or inaccurate information We hold about You corrected.
● Object to processing of Your Data. This right exists where We are relying on a legitimate interest as the legal basis for Our processing and there is something about Your situation, which makes You want to object to our processing of Your Data on this ground. You also have the right to object where We are processing Your Data for direct marketing purposes.
● Request the transfer of Your Data (Data Portability). We will provide to You, or to a third party You have chosen, Your Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information that You initially provided consent for Us to use or where We used the information to perform a contract with You.
● Withdraw Your Consent. You have the right to withdraw Your consent to use your Data. If You withdraw Your consent, Clearshift may not be able to provide You with access to certain specific functionalities of the Service.
● You have a right to lodge a complaint with your local data protection supervisory authority: (i.e., your place of habitual residence, place of work, or place of alleged infringement) at any time or before the relevant institutions in your place of residence. We ask that you please attempt to resolve any issues with us before you contact your local supervisory authority and/or relevant institution.
To exercise your rights as mentioned above, please contact our DPO via e-mail: netta@primesec.co.il.
Processing and answering your request are subject to legal and other permissible considerations, we will make every reasonable effort to honor your request promptly following applicable law or inform you if we require further information to fulfill your request. When processing your request, Clearshift may ask you for additional information to confirm or verify your identity and for security purposes before processing and/or honoring your request.
Clearshift reserves the right to charge a fee permitted by law, for instance, if your request is manifestly unfounded or excessive. If 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 initially requested, we will address your request to the maximum extent possible, all accordance with applicable law.
Children's Privacy
Our Service does not address anyone under the age of 18. Clearshift does not knowingly collect personally identifiable information from anyone under the age of 18. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If Clearshift becomes aware that it collected Personal Data from anyone under the age of 18 without verification of parental consent, Clearshift will take steps to remove that information from Our servers.
If Clearshift needs to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, we may require Your parent's consent before we collect and use that information.
If you believe that we might have any such information, please contact us via email: privacy@Clearshift.eu.
Interaction with third-party products
Clearshift enables you to interact with third-party websites, mobile software applications, and products or services that are not owned or controlled by us (each a “Third Party Service”). Therefore, Our Service may contain links to other websites and If You click on a third-party link, you will be directed to that third party's site, which is not operated by Us, and Clearshift is not responsible for the privacy practices or the content of such Third-Party Services. Clearshift strongly advises You to review the Privacy Policy of every site You visit.
Clearshift has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party sites or services.
Social Plugins
On our website, we use so-called social plugins from various social networks. They are individually described in this section. The plugins are standalone extensions by social network providers. For this reason, we are unable to influence the scope of data collected and stored by them.
In case you do not wish social network providers to receive and, if applicable, store or use data, you should not use the respective plugins.
Meta plugins - Facebook and Instagram are operated by Meta Platforms Inc., 1601 Willow Road, Menlo Park, California 94025, United States ("Meta"). Please, Find information on data protection at Meta here: https://www.facebook.com/privacy/policy/
LinkedIn Plugins - LinkedIn is operated by Microsoft Corporation, Redmond, Washington, United States (“LinkedIn”). Please, Find information on data protection here: https://www.linkedin.com/legal/privacy-policy
Cookies
Cookies are text files placed on your computer to collect standard Internet log information and visitor behavior information.
When you visit our websites, we may collect information from you automatically through cookies or similar technology for further information, visit allaboutcookies.org.
There are several different types of cookies, however, our website uses the following types:
• Functionality – We use these cookies so that we recognize you on our website and remember your previously selected preferences. These could include what language you prefer and the location you are in. A mix of first-party and third-party cookies is used.
• Advertising – We may use these cookies to collect information about your visit to our website, the content you viewed, the links you followed, and information about your browser, device, and IP address. We may share some limited aspects of this data with third parties for advertising purposes. We may also share online data collected through cookies with our advertising partners. This means that when you visit another website, you may be shown advertising based on your browsing patterns on our website.
To Manage the Cookies, you can set your browser not to accept cookies, and the above website tells you how to remove cookies from your browser. However, in a few cases, some of our website features may not function as a result.
Changes to our privacy policy
Any changes we may make to our privacy policy will be posted on this page and, where appropriate, communicated by e-mail. Please check back frequently to see any updates or changes to our privacy policy.
Contact
Questions, comments, and requests regarding this privacy policy are welcomed and should be addressed to privacy@Clearshift.eu.
Should you wish to report a complaint or if you feel that the Clearshift Group has not addressed your concern sufficiently, you may contact the relevant State Data Protection office. For Clearshift UAB: State Data Protection Žygimantų str. 11-6a 011042 Vilnius Tel. + 370 5 279 14 45 Fax +370 5 261 94 94 ada@ada.lt http://www.ada.lt/ For Clearshift US: The Federal Trade Commission and/or relevant state authorities. For Clearshift Israel: The Authority for the Protection of Privacy, P.O. 33503 Tel Aviv 6133401. Email: ppa@justice.gov.il. Fax: 02-6467064. https://govforms.gov.il/mw/forms/ashrai3@justice.gov.il#!details1