Last Updated: February 17, 2020
Thank you for choosing Havis iCare.
Ha-Shem Limited (herein frequently referred to as “we” or “our”) is strongly committed to protecting the privacy and complying with the choices of her users and audiences (herein frequently referred to as “you or your”). Therefore, we want to transparently explain how and why we gather, store, share and use your personal data - as well as outline the controls and choices you have around when and how you choose to share your personal data.
Both your personal and non-personal information collected is safeguarded according to the highest privacy and data protection standards adopted worldwide. We have a robust and effective data protection program in place which complies with existing law and abides by the data protection principles.
This Policy sets out the essential details relating to your personal data relationship with Ha-Shem Limited. The Policy applies to all Ha-Shem Limited’s products, and any associated services. The terms governing your use of the Ha-Shem Limited’s products are defined in our Terms and Conditions of Use (the “Standard Terms and Conditions for Ha-Shem Limited’s Products & Services”).
From time to time, we may develop new or offer additional services. If the introduction of these new or additional services results in any material change to the way we collect or process your personal data, we will provide you with more information or additional terms or policies. Unless stated otherwise when we introduce these new or additional services, they will be subject to this Policy.
The aim of this Policy is to:
We hope this helps you to understand our privacy commitments to you. For further clarification of the terms used in this Policy please visit our Privacy Center on ha-shem.com. For information on how to contact us if you ever have any questions or concerns, please see Section 14 ‘How to Contact Us’ below. Alternatively, if you do not agree with the content of this Policy, then please remember it is your choice whether you want to use Ha-Shem Limited’s products and services.
Ha-Shem Limited is committed to processing data in accordance with its responsibilities under the GDPR.
Article 5 of the GDPR requires that personal data shall be:
This is the personal data that is provided by you or collected by us to enable you to sign up for and use our products, for our instructor-led classes, participating in our webinars, using parts of our websites, and signing up for selected services (such as free subscriptions). You are required to input your information in order to receive relevant communication about our products and services, their purpose and the best use you can make of them. The data may include your first name, last name, email address, company, phone number.
We may collect certain personal data if you sign up for a trial or purchase any of our paid subscriptions (as defined in the Terms and Conditions of Use) or make other purchases through our service. The exact personal data collected will vary depending on the payment method (e.g. direct via a third-party payment service or by invoice) but will include information such as:
When you complete any forms, respond to a survey or questionnaire, or participate in a contest, we collect the personal data you provide.
We may obtain certain data about you, such as cookie id, mobile device id, or email address, and inferences about your interests and preferences from certain advertisers and advertising partners that allow us to deliver a better experience with Ha-Shem Limited’s products/services.
We use the data we collect for the following purposes:
We use the data we collect to operate our business, including providing and improving the Services. Specifically:
We use the data we collect to communicate with you, including responding to your requests or inquiries. Specifically:
We use the data we collect for marketing or advertising purposes, on behalf of ourselves, as well as our partners. Specifically:
We use the data we collect for security, compliance and enforcement purposes. Specifically:
We may on occasion require the help of other companies to provide limited services on our behalf, such as packaging, shipping and delivery, customer support and processing event registrations. We will only provide such companies with the information required for them to perform these services; these service providers are bound by strict privacy policies and are prohibited from using your information for any other purpose.
In very rare instances Ha-Shem Limited may disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Ha-Shem Limited or the site; (b) protect and defend the rights or property of Ha-Shem Limited and her family of products and services; and (c) act in urgent circumstances to protect the personal safety of users of Ha-Shem Limited, her products and services, or the public.
Ha-Shem Limited is strongly committed to protecting your information and ensuring that your choices are honored. We have taken strong security measures to protect your data from loss, misuse, unauthorised access, disclosure, alteration, or destruction. All sensitive data is stored behind multiple firewalls on secure servers with restricted employee access.
We guarantee that all e-commerce transactions follow the latest security measures and use the best available technologies. Secure Sockets Layer (SSL) technology is employed when you place online orders or transmit sensitive information. SSL is one of the safest methods of passing information over the Internet.
If you want to prevent a third-party advertiser from collecting data, currently you may either visit each ad network's web site individually and opt out or visit the NAI gateway opt-out site to opt-out of all network advertising cookies. Click here for the NAI gateway opt-out site.
This site will also allow you to review the third-party advertising companies' privacy policies.
We will clearly inform you when information that personally identifies you ("personal information") is asked for and you will have the choice to provide it or not. Generally, this information is requested when you [install/download/subscribe] to product updates, newsletters or other online services.
When you provide your personal information, you consent that it can be used for the above purposes and that Ha-Shem Limited is an authorised holder of such information. If you choose not to register or provide personal information, you can still use our website but you will not be able to receive additional services or access certain areas that require registration. When you activate your account, you are providing your consent to occasionally receive information from us. In each communication from us you will have the opportunity to unsubscribe from further communications; alternatively, you may contact us to express your choices at the address provided at the bottom of this page. You are entitled to review the personal information you have provided us and ensure that it is always accurate and current. To review or update this information simply request that we send you this information.
If you are habitually located in the European Union or European Economic Area, you have the right to access, rectify, download or erase your information, as well as the right to restrict and object to certain processing of your information. While some of these rights apply generally, certain rights apply only in certain limited circumstances. We describe these rights below:
You have the right to access your personal data and, if necessary, have it amended or deleted or restricted. In certain instances, you may have the right to the portability of your data. You can also ask us to not send marketing communications and not to use your personal data when we carry out profiling for direct marketing purposes. You can opt out of receiving email newsletters and other marketing communications by following the opt-out instructions provided to you in those emails. Transactional account messages will be unaffected if you opt-out from marketing communications.
We provide users with the opportunity to opt-out from receiving updates on our products, newsletters and other communications from us. You can opt-out by clicking on the link provided in our electronic mailings or by contacting us at the address at the bottom of this page.
If for some reason you believe Ha-Shem Limited has not adhered to these principles, please notify us and we will do our best to promptly make necessary corrections.
STANDARD TERMS AND CONDITIONS FOR HA-SHEM LIMITED’S PRODUCTS & SERVICES
THIS IS A LEGAL AGREEMENT BETWEEN HA-SHEM LIMITED HEREINAFTER REFERRED TO AS THE (“COMPANY”) AND YOU. THIS AGREEMENT GOVERNS YOUR USE OF THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, HEREINAFTER REFERRED TO AS (THE “TERMS”), YOU ARE NOT AUTHORIZED TO USE THE SERVICES. YOUR USE OF THE SERVICES SHALL CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY THE TERMS. THE PERSON AGREEING TO THIS AGREEMENT REPRESENTS AND WARRANTS THAT HE / SHE IS HAS THE LEGAL CAPACITY IN LAW AND IS DULY AUTHORIZED TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE PARTY, ENTITY, OR ORGANIZATION USING THE SERVICES
Company shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Company or by third-party providers, or because of other causes beyond Company’s reasonable control, but Company shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE AND COMPANY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT.
NOTWITHSTANDING ANYTHING TO THE CONTRARY COMPANY AND ITS SUPPLIERS, REPRESENTATIVES AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE OR OTHER LEGAL OR EQUITABLE THEORY: (A) FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (B) FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF REVENUE OR PROFIT) OR FOR LOSS OR CORRUPTION OF DATA; (C) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL; OR (D) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES PAID BY CUSTOMER UNDER THIS AGREEMENT IN THE 6 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU AND COMPANY HAVE ENTERED INTO ANY DATA PROCESSING AGREEMENT THAT IS BASED UPON, INCLUDES AND/OR OTHERWISE INCORPORATES ANY STANDARD CONTRACTUAL CLAUSES FOR DATA TRANSFERS TO NON-EU COUNTRIES APPROVED BY THE EUROPEAN COMMISSION (EACH, A “DATA TRANSFER AGREEMENT”), YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL COMPANY AND/OR ITS SUPPLIERS, REPRESENTATIVES AND EMPLOYEES BE LIABLE UNDER SUCH DATA TRANSFER AGREEMENT FOR ANY AMOUNT IN EXCESS OR EXCEEDING $10,000.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Unless Company and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by the provisions of the Arbitration and Conciliation Act LFN 1990.If your claim is for $10,000 or less, Company agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the arbitration rules of the International Chambers of Commerce (ICC) Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the ICC Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Customer may not remove or export from Nigeria or allow the export or re-export of the Services, Software or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of Nigeria or any foreign agency or authority. As defined in FAR section 2.101, the Software and documentation are “commercial items” and according to DFAR section 252.2277014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub licensable by Customer except with Company’s prior written consent. Company shall have the right to factually list Customer as a customer of the Services on its website and marketing materials using Customer’s logo. Neither party may assign this Agreement without the other party’s consent, except to a successor to all or substantially all of such party’s assets or business. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. There shall be no force or effect to any different terms of any related purchase order or similar form even if signed by the parties after the date hereof. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Customer does not have any authority of any kind to bind Company in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. This Agreement shall be governed by the laws of Federal Republic of Nigeria without regard to its conflict of laws provisions.