Website Terms and Conditions of Use

The pages on this web site are published by CAPS Medical Ltd. d/b/a “CAPS Medical” (“CAPS” or “we”, “us”, “our”).

1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws and terms of use. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are proprietary information of CAPS and protected by applicable copyright and trademark law.

2. Use License

    Permission is granted to temporarily download one copy of the materials (information or software) on CAPS Medical’s web site for personal, non-commercial transitory viewing only and may not be exploited for any other purpose. This is the grant of a right to use, not a transfer of title, and under this right to use you may not:
- modify, create a derivative or copy the materials;
- use the materials for any commercial or revenue generating purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any material or software contained on CAPS Medical’s web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server or media. This right to use shall automatically terminate if you violate any of these restrictions and may be terminated by CAPS Medical at any time. Upon terminating your viewing of these materials or upon the termination of this right, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials on any CAPS Medical web site are provided “as is”. CAPS Medical makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, CAPS Medical does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall CAPS Medical, its personnel or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on any CAPS Medical Internet site, even if CAPS Medical or a CAPS Medical authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations shall apply to you to the maximum extent permitted by law or may not apply to you.

5. Revisions and Errata

The materials appearing on any CAPS Medical web site could include technical, typographical, or photographic errors. CAPS Medical does not warrant that any of the materials on its web site are accurate, complete, or current. CAPS Medical may make changes to the materials contained on its web site at any time without notice. CAPS Medical does not, however, make any commitment to update the materials.

6. Links

CAPS Medical has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by CAPS Medical of the site. Use of any such linked web site is at the user’s own risk. 

7. Site Terms of Use Modifications

CAPS Medical may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law

Any claim relating to any CAPS Medical web site shall be governed by the laws of the State of Israel without regard to its conflict of law provisions. 


Privacy Policy

CAPS Medical is committed to safeguarding the privacy of personal data (“Information”). This Privacy Notice outlines the collection, use, and disclosure of personal Information provided to us. When Information is submitted to us, or you use our websites and other services, you consent to the collection, use, and disclosure of that Information as described in this Privacy Notice.
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Although CAPS Medical respects the privacy of this site’s users (or “members,” “visitors,” “subscribers”), we collect Information from site members, visitors, and subscribers. The Privacy Policy governs users’ interaction with the site and users’ registration for and use of the site’s online services. Except as set forth within this Privacy Policy, the site’s Terms of Service agreement, and/or other published guidelines, CAPS Medical does not release Information about the site’s visitors without their permission.
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Please note that CAPS Medical reviews these privacy practices from time to time, and that these practices are therefore subject to change. CAPS Medical asks users to periodically review this page to ensure continuing familiarity with the most current version of the site’s Privacy Policy. To contact CAPS Medical about privacy issues, to report a violation of the site’s Privacy Policy, or to raise any other issue regarding the site, please send an e-mail to info@capsmedical.com.


GDPR privacy notice

The purpose of the General Data Protection Regulation (“GDPR”) is to protect all European Union (“EU”) citizens from privacy and data breaches by allowing citizens to maintain control of the personal data kept and processed by organizations, which includes CAPS Medical. The GDPR also protects the personal data of individuals, regardless of citizenry, in the EU. As a result, this site employs technology to be served, at a minimum, to visitors accessing the site from all EU geographies and at a minimum of once per month. At that time, the visitor is given the option to accept or decline the placement of cookies on the visitor’s device and, in cases where the visitor chooses neither option, CAPS Medical will assume consent is given to access the visitor’s Information.

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CAPS Medical also gathers personally identifiable Information.

Certain areas of the site may require that users provide personally identifiable Information (such as name, e-mail address, and phone). In addition, when registering to use certain services on the site such as e-mail, project submission, or to receive newsletters or specifically targeted Information (“services”), CAPS Medical may require users to provide additional personally identifiable Information.
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CAPS Medical does not knowingly collect personally identifiable Information from children (defined herein as minors younger than thirteen years of age) without obtaining parental consent. Before registering for an account to use the services of the site, CAPS Medical requests that all minors have their parents read the Privacy Policy and continue their involvement throughout the registration process.
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CAPS Medical does not control the acts of this site’s members or visitors. In the event visitors encounter any user on this site who is improperly collecting or using Information provided by the site’s members or visitors, please contact info@capsmedical.com.

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How CAPS Medical Uses/Does Not Use Gathered
Information
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Please take some time to become familiar with the different ways CAPS Medical uses the Information gathered. Keep in mind that, while CAPS Medical encourages all third parties involved to adhere to this site’s Privacy Policy and to otherwise handle personal Information in a responsible manner, CAPS Medical cannot and does not assume any responsibility for any actions or omissions of third parties, including the manner in which they use Information received either from CAPS Medical or independently. Nevertheless, in the event users encounter any third party associated with, or who claims association with CAPS Medical, who is improperly collecting or using personal Information, please contact info@capsmedical.com who will forward the message to the third party.

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Use of non-personally identifiable Information. CAPS Medical uses non-personally identifiable Information in aggregate form to build higher quality, more useful online services by performing statistical analyses of the collective characteristics and behavior of the site visitors, and by measuring demographics and interests regarding specific areas of the site.
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The site may contain links to other Internet Web site, including co-branded or other affiliated sites that may or may not be owned or operated by CAPS Medical. Unless otherwise explicitly stated, CAPS Medical is not responsible for the privacy practices or the content of such sites, including such sites’ use of any Information (such as IP number, browser type, or operating system) collected when visitors to the site click through links to those sites. Even though such Information might not identify the user personally, users should be familiar with the privacy practices of those other sites.

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Use of personally identifiable Information. CAPS Medical provides notice to potential registrants of this site whose personally identifiable Information will be collected during the registration or other processes including the voluntarily submission of any form on the site. Such notice is provided simultaneously with the user’s registration on this site; moreover, this policy itself serves as notice that such Information is collected under those circumstances. Although users may not “opt out” of the registration process and still receive access to the services, users may choose to “opt out” of receiving promotional materials from CAPS Medical and/or other business partners. If the user does not “opt out” of receiving such promotional materials, CAPS Medical reserves the right to release user’s personally identifiable registration Information to third parties who provide goods or services that CAPS Medical believes may be of interest to the user. If the user decides to discontinue receiving promotional Information from such third parties, please contact those third parties directly, or contact CAPS Medical at info@capsmedical.com.


We collect Information from individuals only as necessary in the exercise of our legitimate interests, functions, and responsibilities. Examples and rationale for these include, but are not limited to:
Project submission. In cases where you submitted to us material relating to a proposed project for us to invest in, your Information and the material you provided are collected and retained by us until you ask us to remove your Information and material from our databases.
‍Site or content access. In cases where you access restricted content which requires your subscription (i.e., to log on as a user), your Information is collected and retained by us until you ask us to remove your Information from our databases and further, when the restricted content is supplied by a Third Party, you should assume your Information will be given to the Third Party in exchange for your access to that content.
‍Contractual work. CAPS Medical may share information with third parties who have entered into contracts with CAPS Medical to perform functions on behalf of CAPS Medical, subject to the obligation of confidentiality and safeguarding from unauthorized disclosure.

CAPS Medical limits its own e-mail contact and solicitations to those users who have not “opted out” of receiving such communications. The solicitations are limited in that they, among other things, will clearly indicate the originator of the e-mail and provide the user with a method of “opting out” of receiving future communications of a similar nature.
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Finally, CAPS Medical may use individual members’ data to “pre-populate” forms, which are displayed for the purpose of collecting individual data by CAPS Medical. In no case does pre-populating a form transfer any data to any third party. Only if the user voluntarily requests that such data be transferred will any transfer take place – for example, if/when a user clicks a “submit form” button or other button.

CAPS Medical reserves the right to release any and all Information contained within access logs concerning any visitor when that visitor is in violation of CAPS Medical’s “Terms and Conditions of Use” agreement or other published guidelines, or partakes (or is reasonably suspected of partaking) in any illegal activity, even without a subpoena, warrant, or other court order, and to release such Information in response to discovery requests, or in response to any circumstance in which CAPS Medical, in its sole discretion, deems an emergency. CAPS Medical cooperates with law enforcement agencies in identifying those who may be using its servers or services for illegal activities. CAPS Medical also reserves the right to report any suspected illegal activity to law enforcement for investigation or prosecution.

CAPS Medical will post the relevant privacy Information in the official rules and/or registration area for any promotions it sponsors. That privacy Information, to the extent it conflicts with this Privacy Policy, will govern that particular promotion.

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Third Party use of Sensitive Information

We may disclose your Sensitive Information and other Information as follows:    
   Consent: We may disclose Information if we have your consent to do so.    
   Public Information: We may share your Information if you have made it public.
    Archiving: We may share your Information for archival purposes in the public interest, and for historical research and statistical purposes.
    Legal Obligation: We may share your Information when the disclosure is required or permitted by international, federal, and state laws and regulations.
    Service Providers: We use third parties who have entered into a contract with CAPS Medical to support our operations and policies. In such cases, we share your Information with such third parties subject to the imposition of appropriate safeguards to prevent further unauthorized disclosure.
    De-Identified and Aggregate Information: We may use and disclose Information in de-identified or aggregate form without limitation.


Security

All Information gathered on the site is stored within a controlled database accessible only to CAPS Medical to protect the loss, misuse, or alteration of the Information under its control. However, as effective as any security measure implemented by CAPS Medical may be, no security system is impenetrable. CAPS Medical cannot guarantee the security of its database, nor can it guarantee that the Information supplied by users will not be intercepted while being transmitted over the Internet. Questions regarding this Privacy Policy should be directed to info@capsmedical.com.
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Retention and Destruction of your Information

Your Information will be retained by CAPS Medical in accordance with applicable state laws, and will be destroyed upon your request unless applicable law requires destruction after the expiration of an applicable retention period. The manner of destruction shall be appropriate to preserve and ensure the confidentiality of your Information given the level of sensitivity, value, and criticality to CAPS Medical.


Your Rights

Where authorized and subject to all applicable laws, you may have the right to request access to, a copy of, rectification, restriction in the use of, or erasure of your Information. You also have the right to withdraw consent to the use of your Information, without affecting the legitimacy of CAPS Medical’s use of the Information prior to receipt of your request.
Information created in the European Union will be transferred out of the European Union to CAPS Medical. If you feel CAPS Medical has not complied with applicable foreign laws regulating such Information, you have the right to file a complaint with the appropriate supervisory authority in the European Union.
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If users would like to have personally identifiable Information changed or removed from CAPS Medical’s database, please contact info@capsmedical.com. Keep in mind that there will be residual Information remaining within the databases, access logs, and other records, which may or may not contain such personally identifiable Information. The residual Information will not be used for commercial purposes; however, CAPS Medical reserves the right, from time to time, to re-contact former customers or users of this site if lawful.


Updates to this Policy

CAPS Medical may update or change this policy at any time. Your continued use of this site after any such change indicates your acceptance of such changes.


Questions

Questions regarding the Terms, Conditions, or Privacy Policies should be directed to CAPS Medical at info@capsmedical.com.

CAPS Medical Ltd.

P.O. Box 8939 Industrial park Netanya 

18 Ha Melacha St.

Netanya 4250553, Israel

[Updated November 24, 2020]