PRIVACY POLICY

(Last modified:  July 10, 2022)

This privacy policy (“Privacy Policy”) governs the data collection, processing and usage made by Gigantic Ltd. (“Company”, “we” or “us”) and our privacy practices with respect to the data we collect from individuals who access and use our website  available at: https://www.clawee.com/  (“Visitors”) and users who have installed and are interacting with our mobile application known as “Clawee” offering real live claw machine games (respectively “App” and “Users”); Each of the Visitors and Users, shall also be referred to herein as “you”.

This Privacy Policy explains what information we may collect, how such information may be used or shared with others, how we safeguard it and how each of the aforementioned individuals may exercise their rights related to their Personal Data (as such term is defined below), among others, according to the EU General Data Protection Regulation (“GDPR”) and the California Consumer Privacy Act (“CCPA”) where applicable.

You are not legally required to provide us with Personal Data, however, some of the features on our website and App require you to do so pursuant to this Privacy Policy. In these cases, if you choose to withhold or delete any Personal Data requested by us, it may not be possible for you to access certain features of our website or App. If you do not agree to the terms and conditions of the Terms (as such term is defined below) please do not use or access our website or App.

This Privacy Policy constitutes an integral part of our Terms & Conditions of Use available at: http://www.gigantic.company/clawee/terms  (“Terms”). Definitions used herein but not defined herein shall have the meaning ascribed to them in our Terms.

If you have any questions about this Privacy Policy, please contact us at: privacy@clawee.com.

AMENDMENTS

We reserve the right to periodically amend or revise the Privacy Policy which will go into effect immediately upon the implementation of the revised Privacy Policy on our website or App, as applicable. The last revision date will be reflected in the “Last Modified” heading located at the top of the Privacy Policy. We will make a reasonable effort to notify you in the event that we implement any changes that substantially changes our privacy practices. We recommend that you review this Privacy Policy periodically to ensure that you understand our privacy practices and to check for any amendments. Notwithstanding the above this privacy policy will be updated every 12 months, months in the event requires under applicable laws.

types of data we COLLECT

 We may collect aggregated, non-personal non-identifiable information which may be made available or gathered via your use of our website or App (“Non-Personal Data“). We are not aware of the identity of the individual from which the Non-Personal Data is collected.

We may also collect from you, during your access or interaction with the website or your use of our App, individually identifiable information, namely information that identifies an individual or may with reasonable effort be used to identify an individual (“Personal Data” or “Personal Information” as defined under applicable law). This may include online identifiers, name, emails, etc., subject to applicable law.

If we combine Personal Data with Non-Personal Data, we will treat the combined data as Personal Data.

EU General Data Protection Regulation (“GDPR”) & Lawful Basis for Data Processing:

The types of data that we collect, the purpose for processing such data and the lawful basis for which we do so subject to the GDPR, are specified in the table below.

Please note that, Gigantic acts as the Controller of the Personal Data detailed herein, as defined under the GDPR

California Consumer Privacy Act 2018 (“CCPA”) & Categories of Personal Information Collected and Shared

Under the CCPA, “Personal Information” is defined as any information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household or device.

Please note that, under the CCPA Personal Information does not include: publicly available information from government records and DE identified or aggregated consumer information, information excluded from the CCPA’s scope (e.g., health or medical information covered by applicable laws such as the Health Insurance Portability and Accountability Act of 1996 (HIPAA)); and information covered by certain sector-specific privacy laws (e.g., the California Financial Information Privacy Act (FIPA)).

As required under the CCPA, please see below a table detailing the categories of Personal Information that we collect (and has collected within the last 12 months):

As required under the CCPA, please see below information regarding disclosures of Personal Information for a business purpose:

In the preceding twelve (12) months, Company has disclosed the following categories of Personal Information for a business purpose:

A.     Identifiers.

F.     Geolocation data.

We disclose your Personal Information for a business purpose to the following categories of third parties:

·       Service providers – for shipment services, etc.

·       Data aggregators.

When we disclose Personal Information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

HOW WE COLLECT DATA

Depending on the nature of your interaction with the website or App, the above detailed data is collected as follows:

·       In the event you voluntarily choose to provide us with information, e.g., when you contact us, create and account or request us to ship your prize under the Clawee App.

·       Automatically, including through the use of cookies (as detailed below), and other similar tracking technologies.

We will ask for your consent to collect Personal Data and offer you the choice to opt-out of such collection if we are required to do so in accordance with applicable law.

COOKIES & TRACKING TECHNOLOGIES

We use cookies and other similar tracking technologies when you access the website or interact with the App we offer. This use is a standard industry-wide practice.

A "cookie" is a small piece of information that a website assigns and stores on your computer while you are viewing a website. Cookies can be used for various purposes, including allowing you to navigate between pages efficiently, as well as for statistical purposes and advertising purposes. You can find more information about cookies at: www.allaboutcookies.org and https://cookiepedia.co.uk/.

There are several types of cookies, the three main and common ones are:

·       Essential, Functionality, Operation & Security Cookies - essential for enabling user movement around the website, for the website to function properly, and for security purposes. Please note that these cookies either cannot be disabled, or if disabled, certain features of the Services may not work.

·       Analytic, Measurement & Performance Cookies - used to collect information about how users use the website (clickstream, navigation, time and date of access, etc.) in order to improve our Services and the way we offer them, as well as assessing performance of the content available in the website. We further use this information to compile reports and calculate payments in the course of relationship with our business partners which their services are displayed in our website.

·       Preference, Targeting & Advertising Cookies - used to advertise across the internet and to display relevant ads tailored to users based on the parts of the website they have (e.g., the cookie will indicate you have visited a certain webpage and will show you ads relating to that webpage).

The specific cookies and other tracking technologies (such as SDKs implemented in our App) (ours and third party’s) we currently use, purpose of use, their privacy policies and opt-out controls are set forth in the table below:

For additional information of our use of Google products, click here.

Cookies Opt-Out

Please note that, most browsers will allow you to erase cookies from your computer's hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. By following the instructions of your device preferences, and by adjusting the privacy and security settings of your web browser, you may remove cookies, however, if you block or erase cookies some features of the Services may not operate properly and your online experience may be limited.

Please refer to the support page of the browser you are using. In this regard, following are some links which you may find useful: Google Chrome; FireFox; Internet Explorer; Safari; Edge; Opera

You may opt-out directly from third party retargeting cookies or other ad-technology trackers through self-regulator services like the Network Advertising Initiative’s (“NAI”) website – NAI consumer opt-out page or the Digital Advertising Alliance’s (“DAA”) website – DAA opt-out page;

Other tracking technologies opt out:

Android – https://support.google.com/ads/answer/2662922 or

iOS – https://support.apple.com/en-il/HT205223.

You may also contact us (see our contact details below), and we will make efforts to assist you.

SHARING DATA WITH THIRD PARTIES

We do not share any Personal Data collected from you with third parties or any of our partners except in the following events. We require these parties to process such information in compliance with this Privacy Policy and subject to security and other appropriate confidentiality safeguards:

·       Legal Requirement: We will share your information in this situation, only if we are required to do so in order to comply with any applicable law, regulation, legal process or governmental request (e.g., to comply with a court injunction, comply with tax authorities, etc.);

·       Policy Enforcement: We will share your information, solely to the extent needed in order to: (i) enforce our policies and agreements; or (ii) to investigate any potential violations thereof, including without limitations, detect, prevent, or take action regarding illegal activities or other wrongdoings, suspected fraud or security issues;

·       Company’s Rights: We will share your information in order to establish or exercise our rights, to prevent harm to our rights, property or safety, and to defend ourselves against legal claims when necessary, subject to applicable law;

·       Third Party Rights: We will share your information, solely to the extent needed in order to prevent harm to the rights of our users, yourself or any third party’s rights, property or safety;

·       Business Purpose - we may disclose your personal information to a third party for a business purpose, as detailed above.

·       Service Providers – we share your information with third parties that perform services on our behalf (e.g. customer service, tracking, servers, service functionality, marketing and support, shipment, etc.) these third parties may be located in different jurisdictions.

·       Corporate Transaction - we may share your information, in the event of a corporate transaction (e.g. sale of a substantial part of our business, merger, consolidation or asset sale). In the event of the above, our affiliated companies or acquiring company will assume the rights and obligations as described in this Privacy Policy;

·       Authorized Disclosures - we may disclose your information to third parties when you consent to a particular disclosure. Please note that once we share your information with another company, that information becomes subject to the other company’s privacy practices.

We may share aggregate or Non-Personal Data with our affiliated companies and additional third parties in accordance with the terms of this Privacy Policy. We may store any type of information on our servers or our cloud servers, use or share Non-Personal Data in any of the above circumstances, as well as for the purpose of providing and improving our website and App, aggregate statistics, marketing and conduct business and marketing analysis, and to enhance your experience.

your RIGHTS

Data protection and privacy laws may provide you with some of the principal rights (depending on your jurisdiction) with respect to your Personal Data.

Following is a summary of your data subject rights (which may vary depending on jurisdiction):

Your Right to be Informed

You have the right to be informed with the Company’s details (e.g. name, address, etc.), as well as why and how we process Personal Data. This right includes, among others, the right to be informed with the identity of the business, the reasons and lawful basis for processing Personal Data, and additional information necessary to ensure the fair and transparent processing of Personal Data. Further, under the CCPA, you have the right to be informed on the categories of Personal Information collected, sold, disclosed by us in the previous 12 months, therefore we ensure our privacy policy discloses all of the above and is updated every 12 months.

Right to Access

You have a right to request us to confirm whether we process certain Personal Data related you, as well as a right to obtain a copy of such Personal Data, with additional information regarding how and why we use this Personal Data. After we receive such request, we will analyze and determine the veracity and appropriateness of the access request and provide you with the applicable confirmation of processing, the copy of the Personal Data or a description of the Personal Data and categories of data processed, the purpose for which such data is being held and processed, and details about the source of the Personal Data if not provided by you. Our response detailed above will be provided within the period required by law (please see additional information under “Response Timing and Format” below). Notwithstanding the above, note the GDPR and CCPA provide different protections, the GDPR enables access to all Personal Data processed by the controller, however the CCPA access right applies only to Personal Information collected in the 12 months prior to the request.

The Right of Rectification

The Company must ensure that all Personal Data that it holds and uses about a data subject is correct. If such data is not accurate, a data subject has the right to require that the Company updates such data so it is accurate. In addition, if the Company has passed on incorrect information about a data subject to a third party, the data subject also has a right to oblige the Company to inform those third parties that this information should be updated.

Rectification Access

If Personal Data held by us is not accurate, you may require us to update such data so it is accurate. Further, in the event we have passed on incorrect information about you to a third party, you also have a right to oblige us to inform those third parties that the applicable information should be updated.

Erasure Rights ("right to be forgotten" or “right of deletion”, as applicable)

The Company is legally obligated to comply with a request to delete Personal Data if: the data is no longer needed for the original purpose and no new lawful purpose exists for continued processing; the lawful basis for processing is consent of the data subject and such consent is withdrawn; the data subject exercises his or her right to object to the Company’s processing of his or her Personal Data, and the Company has no overriding grounds for processing the data; the Personal Data is processed unlawfully; or erasure of the data is necessary to comply with applicable laws. In addition, if the Company has passed on Personal Data to a third party, a data subject also has a right to oblige the Company to tell those third parties that the information should be erased. The right to erasure is not absolute. Even if a data subject falls into one of the categories described above, the Company is entitled to reject the data subject’s request and continue processing data if such processing is: necessary to comply with legal obligations; necessary to establish, exercise or defend legal claims; or is necessary for scientific research, etc.; necessary to perform a contract between you and us; necessary to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for that activity; necessary to debug to identify and repair errors that impair existing intended functionality; and to enable solely internal uses that are reasonably aligned with your expectations based on the our relationship with you – all subject to applicable laws.

Right to Object

With regards to Personal Data processed by us under the lawful basis of our legitimate interests (such as direct marketing), you may object to our processing on such grounds. However, even if we receive your objection, we will be permitted to continue processing the Personal Data in the event that (subject to applicable laws and regulations):

(i)     our legitimate interests for processing override your rights, interests and freedoms (e.g. fraud prevention or compliance with a legal obligation);

(ii)   the processing of such Personal Data is necessary to establish, exercise or defend a legal claim or right, etc.

The Right of Restriction

A data subject may limit the purposes for which the Company may process its Personal Data. The Company’s processing activities may be restricted if: the accuracy of the data is contested; processing is unlawful and data subject requests restriction instead of erasure; the Company no longer needs the data for its original purpose, but the data is still required to establish, exercise or defend legal rights; or consideration of overriding grounds in the context of an erasure request.

The Right to Withdraw Consent

A data subject may withdraw its consent to the processing of its Personal Data. Exercising this right will not affect the lawfulness of processing its Personal Data based on such data subject’s consent before its withdrawal.

Data Portability

You may request us to send or "port" your Personal Data held by us to a third-party entity, however note, the GDPR and CCPA apply differently to this right, thus, we will handle this according to the jurisdiction you are subject to.

The Right to Lodge a Complaint

A data subject may lodge a complaint with a data protection supervisory authority regarding the processing of its Personal Data.

Nondiscrimination

Under the CCPA, you must not be discriminated for exercising any of your rights, including by denied goods or services, charging you with different fees for goods or services, including through the use of discounts or other benefits or imposing penalties; suggested you will receive a different price or rate for goods or services.

Notwithstanding the above it is allowed to set up schemes for providing financial incentives and you can opt-in to become part of them.

Response Timing and Format

We endeavor to respond to a verifiable consumer request with undue delay and in any event within 30 days from the receipt of the request subject to GDPR and between 10-45 days from receipt of a request subject to CCPA. If we require more time, we will inform you of the reason and extension period in writing. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Data that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Further, note, under the CCPA your rights only apply to the Personal Information collected 12 months prior to the request and you are not entitled to submit more than 2 requests in a 12 months’ period.

 If you wish to submit a request to exercise any of your rights, please contact us at:

* Emailing us at privacy@clawee.com.

* For California residents- Calling us at +1 (833) 920-2529 (Toll free number).

We respect data subject rights and will process and handle all valid requests.

In the event that you contact us and request to exercise any of your rights detailed above, we may request that you provide us with certain information in order to verify your identity and locate your data. Such process may take certain period, subject to applicable privacy laws (for example one month under the GDPR).

Please note that, you may have different rights then those which we listed above subject to privacy protections laws in your jurisdiction.

If you wish to receive more information or in the event that you have any additional complaints about your privacy rights, please contact us at: privacy@clawee.com.

data retention

We retain Personal Data only for as long as necessary to meet our legal and ethical obligations, which for different types of PII will be different periods.

1.   We will retain Personal Data in accordance with our record retention policy. We perform periodic reviews of our databases, and have established specific time limits for data retention, based on the criticality of the Personal Data and the purposes of the data processing. We will also retain Personal Data to meet any audit, compliance and business best-practices.

2.   Personal Data that is no longer retained will be anonymized or deleted. Non-Personal Data, metadata and statistical information concerning the use of our Services are retained by Company perpetually. Some Personal Data may also be retained on our third-party service providers’ servers until deleted in accordance with their privacy policy and their retention policy.

SECURITY

We use physical, technical and administrative security measures for the services that we believe are in compliance with applicable laws and industry standards in order to prevent your information from being accessed without the proper authorization, improperly used or disclosed, unlawfully destructed or accidentally lost. It is important for you to remember however, that unfortunately, the transmission of information via the internet cannot be 100% secure. As such, although we will do our best to protect your Personal Data, we cannot guarantee the security of data transmitted via our website or our App and any transmission of your data shall be done at your own risk.  

Please contact us at: privacy@clawee.com if you feel that your privacy was not dealt with properly or was dealt with in a way that was in breach of our Privacy Policy or if you become aware of a third party's attempt to gain unauthorized access to any of your Personal Data. We will make a reasonable effort to notify you and the appropriate authorities (if required by applicable law) in the event that we discover a security incident related to your Personal Data.

links

Links to other services, sites, documents, files, materials and applications may be provided by the Company as a convenience to our Users. The Company is not responsible for the privacy practices or the content of other sites and applications and you visit them at your own risk. This Privacy Policy applies solely to Personal Data collected by us.

CHILDREN

Our App and website are not directed nor is it intended for use by children (the phrase "child" shall mean an individual that is under the age defined by applicable law which with respect to the European Economic Area (“EEA“) is under the age of 16 and with respect to the U.S.A, under the age of 13) and we do not knowingly process a child’s information. We will discard any information that we receive from a user that is considered a "child" immediately upon our discovery that such a user shared information with us. Please contact us at: privacy@clawee.com if you have reason to believe that a child has shared any information with us.

Transfer of your data

We may store or process your Personal Data in a variety of countries including the United States. Please note, that if you are a resident of the EEA we will, in the absence of an EC Adequacy decision relevant to the destination country or to the transfer, seek to relay on appropriate safeguards such as a valid Privacy Shield certification (in the case of a data transfer to a Privacy Shield certified US recipient): https://www.privacyshield.gov/welcome), or enter into appropriate EC approved standard contractual clauses (see http://ec.europa.eu/justice/data-protection/international-transfers/transfer/index_en.htm) when your Personal Data is being transferred out of the EEA. If you are a resident of a jurisdiction where the transferring of your Personal Data requires your consent, then your consent to this Privacy Policy includes your express consent for such transfer of your data. By providing any Personal Data to us pursuant to this Privacy Policy, all Users, fully understand and unambiguously consent to this Privacy Policy and to the collection and processing of such Personal Data abroad. By submitting your Personal Data through the website and/or App, you consent, acknowledge, and agree that we may collect, use, transfer, and disclose your Personal Data as described in this Privacy Policy.

DO NOT TRACK DISCLOSURE

Our website does not respond to Do Not Track signals. For more information about Do Not Track signals, please see: http://www.allaboutdnt.com/.

CONTACT US

If you have any questions about this Privacy Policy, you may contact us as follows:

·       By sending an email to: privacy@clawee.com

·       By mail at:

Gigantic Ltd.
3 Tvuot Haaretz St.

Tel-Aviv 6954627, Israel.

·     Toll free number for California residents: +1 (833) 920-2529