Hunters SaaS License Agreement

This Agreement (the “Agreement”) is entered into on the date of last signature below, by and between Cyber Hunters Ltd./Inc.[please choose the appropriate entity], an Israeli company with principal place of business at 94th Yigal Alon St. Tel Aviv-Yafo, Israel 6789156 (“Company”) and [enter customer legal entity] a [_______] corporation with principal place of business at [__________________] (the “Customer”) (each, a “Party” and collectively, the “Parties”).

1. License and Services

Subject to the terms and conditions of this Agreement, Company hereby grants Customer a limited, non-exclusive, non-sublicensable, non-transferable and revocable license to remotely access and use, for internal purposes only, during the Term of this Agreement and the term of the applicable Order (as defined below), the Company’s proprietary cyber-security software, which is provided via cloud service, on a Software as a Service (SaaS) basis, including any and all improvements, corrections, updates, new releases and new versions (whether or not created as part of the Services (as defined below)) and any related documentation (“Solution”) as set forth in the order attached hereto as Exhibit A (“Initial Order”). To the extent any professional services are required for and requested by the Customer now or in the future, such services will be included in the Initial Order or described in an additional order(s) to be entered into, in writing, between the Parties (the “Services” and the “Additional Order(s)”, respectively). The Initial Order and any additional Order(s) shall be referred to, collectively as the “Order”. To the extent there is a conflict between the terms of an applicable Order and the terms of this Agreement, this Agreement shall control unless a Section of the applicable Order expressly states that it is intended to modify the terms of this Agreement.

2. Support

Support and maintenance services are provided according to the Service Level Agreement attached hereto as Exhibit B (“SLA”).

3. Payment

In consideration for the Solution and the Services (if applicable), Customer shall pay to the Company for the Services the fees set forth in the applicable Order(s) (the “Compensation”). Unless otherwise specified in the applicable Order(s), all payments due under this Agreement shall be made in US$ and against an invoice issued in accordance with applicable law. Unless other payment terms are set out in the applicable Order(s), Company will submit invoices on an annual\monthly basis for all fees, charges and expenses under this Agreement, which are due and payable thirty (30) days from the invoice date. The Compensation calculation is based upon the use limitations set forth in the applicable Order, in the event that Customer exceed such use limitations in 3 consecutive months during the then current Term (the Initial Term or a Renewal Term), Company will notify Customer of such excess use, and the Customer will required to decide either (i) to decrees the excess use such that it will comply with the use limitations of the applicable Order for the remainder of the then current Term; or (ii) to upgrade the license such that the actual use will be in accordance with the upgraded license (the Compensation will be adjusted accordingly).

Customer shall reimburse Company for all reasonable and documented travel, per diem living, and other out-of-pocket expenses incurred in connection herewith.

All sums payable under this Agreement are exclusive of VAT, withholding tax and all other taxes, duties, levies, imports and like matters imposed by any governmental authority (collectively, “Taxes”) which, if applicable, shall be paid by the Customer at the rate and in the manner prescribed by law. The Customer shall hold the Company harmless for all Taxes which are levied or imposed under this Agreement. If applicable law requires the Customer to withhold any taxes levied on payments to be made pursuant to this Agreement (the “Withholding Tax”), the prices set out in this Agreement shall be adjusted to compensate for such Withholding Tax. Upon request, the Customer shall provide to the Company a certificate evidencing payment of any such taxes as indicated above. Any amounts payable by Customer hereunder which remain unpaid after the due date shall be subject to the payment of interest in an amount equal to one and one-half percent (1.5%) per month (or the highest amount permitted by law, if less), accruing from the due date until the amounts due and payable hereunder are paid to the Company in full.

4. Customer Account

The Solution may only be used through a Customer account (“Account”). Such Account may be accessed solely by Customer’s representatives who are explicitly authorized by Customer to use the Solution (“Permitted Users”). Permitted Users must provide accurate and complete information. Customer will ensure that the Permitted Users keep the Account login details secure at all times and comply with the terms and conditions of this Agreement; and will be fully responsible for any breach of this Agreement by a Permitted User. Unauthorized access or use of the Account or the Solution must be immediately reported to the Company.

5. Prohibited Uses

Except as specifically permitted herein, without the prior written consent of the Company, Customer must not, and shall not allow any Permitted User or any third party to, directly or indirectly: (i) copy, modify, create derivative works of or distribute any part of the Solution (including by incorporation into its products); (ii) sell, license (or sub-license), lease, assign, transfer, pledge, or share Customer’s rights under this Agreement with any third party; (iii) use any “open source” or “copyleft software” in a manner that would require the Company to disclose the source code of the Solution to any third party; (iv) disclose the results of any testing or benchmarking of the Solution to any third party; (v) disassemble, decompile, reverse engineer or attempt to discover the Solution’s source code or underlying algorithms; (vi) use the Solution in a manner that violates or infringes any rights of any third party, including but not limited to, privacy rights, publicity rights or intellectual property rights; (vii) remove or alter any trademarks or other proprietary notices related to the Solution; (viii) circumvent, disable or otherwise interfere with security-related features of the Solution or features that enforce use limitations; (ix) export, make available or use the Solution in any manner prohibited by applicable laws (including without limitation export control laws); and/or (x) transmit any malicious code (i.e., software viruses, Trojan horses, worms, malware or other computer instructions, devices, or techniques that erase data or programming, infect, disrupt, damage, disable or shut down a computer system or any component of such computer system) or other unlawful material in connection with the Solution.

6. Third Party Components

The Solution may use or include third party software, files, libraries or components that are subject to third party open source license terms. A list of such components will be provided on demand and may be updated from time to time. Requests in connection with the foregoing may be forwarded to: sales@hunters.ai

7. Mutual Warranties

Each Party represents and warrants that it is duly organized, validly existing and in good standing under the laws of its jurisdiction of incorporation or organization; and that the execution and performance of this Agreement will not conflict with other agreements to which it is bound or violate applicable law.

8. Intellectual Property Rights

The Solution is not for sale and is the Company’s sole property. All right, title, and interest, including any intellectual property rights evidenced by or embodied in, attached, connected, and/or related to the Solution and any and all improvements and derivative works thereof are and shall remain owned solely by Company or its licensors. This Agreement does not convey to Customer any interest in or to the Solution other than a limited right to use the Solution in accordance with the terms and conditions of this Agreement. Nothing herein constitutes a waiver of the Company’s intellectual property rights under any law.

If Company receives any feedback (e.g., questions, comments, suggestions or the like) regarding the Solution (collectively, “Feedback”), all rights, including intellectual property rights in such Feedback shall belong exclusively to Company and that such shall be considered Company’s Confidential Information and Customer hereby irrevocably and unconditionally transfers and assigns to Company without all intellectual property rights it has in such Feedback and waives any and all rights that Customer may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Company at its sole discretion, and that Company in no way shall be obliged to make use of any kind of the Feedback or part thereof.

9. Limited Warranties

The Company represents and warrants that, under normal authorized use, the Solution shall substantially perform in conformance with its documentation. As the Customer’s sole and exclusive remedy and the Company’s sole liability for breach of this warranty, the Company shall use commercially reasonable efforts repair the Solution in accordance with the SLA. The warranty set forth shall not apply if the failure of the Solution results from or is otherwise attributable to: (i) repair, maintenance or modification of the Solution by persons other than the Company or its authorized contractors; (ii) accident, negligence, abuse or misuse of the Solution; (iii) use of the Solution other than in accordance with the Solution’s documentation; (iv) Customer’s failure to implement software updates provided by the Company specifically to avoid such failure; or (v) the combination of the Solution with equipment or software not authorized or provided by the Company. OTHER THAN AS EXPLICITLY STATED IN THIS AGREEMENT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SOLUTION AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, AND COMPANY EXPRESSLY DISCLAIMS ALL EXPRESS WARRANTIES AND ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, FITNESS FOR A PARTICULAR PURPOSE.

10. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOLUTION EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, COMPANY’S TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULT FROM CUSTOMER USE OF OR INABILITY TO USE THE SOLUTION, SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE TOTAL AMOUNTS, IF ANY, ACTUALLY PAID BY CUSTOMER TO COMPANY FOR USING THE SOLUTION AND OR THE SERVICES WITHIN THE 6 MONTHS PRECEDING THE DATE OF BRINGING A CLAIM.

11. Indemnification

Company agrees to defend, at its expense, any third party action or suit brought against Customer alleging that the Solution, when used as permitted under this Agreement, infringes copyrights or trade secrets of a third party (“IP Infringement Claim”); and Company will pay any damages awarded in a final judgment against the Customer that are attributable to any such claim, provided that (i) Customer promptly notifies Company in writing of such claim; (ii) Customer grants Company the sole authority to handle the defense or settlement of any such claim, and (iii) provides Company with all reasonable information and assistance. Company will not be bound by any settlement that Customer enters into without Company's prior written consent.

If the Solution becomes, or in Company's opinion is likely to become, the subject of an IP Infringement Claim, then Company may, at its sole discretion: (a) procure for Customer the right to continue using the Solution; (b) replace or modify the Solution to avoid the IP Infringement Claim; or (c) Company may terminate this Agreement upon written notice to Customer and Company will refund Customer any amount pre-paid by Customer for the remaining unused period of the license.

Notwithstanding the foregoing, Company shall have no responsibility for IP Infringement Claims resulting from or based on: (i) modifications to the Solution made by a party other than Company or its designee;; or (ii) combination or use of the Solution with equipment, devices or software not supplied or authorized by Company or not in accordance with the documentation.

This Section states Company's entire liability, and Customer's exclusive remedy, for claims or alleged or actual infringement.

Customer shall defend, indemnify and hold harmless Company, its affiliates, and its and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from Customer's violation of any third party right, including without limitation any copyright, property, or privacy right. Without derogating from or excusing Customer's obligations under this Section, Company reserve the right (at Customer's own expense), but is not under any obligation, to assume the exclusive defense and control of any matter which is subject to an indemnification by Customer if Customer chooses not to defend or settle it. Customer agree not to settle any matter subject to indemnification without first obtaining Company's express written approval.

12. Term and Termination

This Agreement shall commence on the Effective Date and shall continue for a period of [__] months thereafter (the “Initial Term”). Following the end of the Initial Term, the Agreement will automatically extend for one year periods (each, a “Renewal Term”) unless either Party provides the other Party with a written notice of non-renewal at least sixty (60) days prior the end of the then current Term. The Initial Term and any Renewal Term, shall be referred to, collectively, as the “Term”.

Notwithstanding the generality of the foregoing, each Party may terminate this Agreement immediately, in any of the circumstances set forth herein: (i) the other Party has breached any material provision hereof and has failed to remedy such breach within 30 days of the date of receipt of a written notice; or (ii) a receiver is appointed or applied for with respect to the other Party or its property or a petition in bankruptcy is filed by or against the other Party, or it makes an assignment for the benefit of creditors which has not been dismissed within 60 days.

In the event of termination for any reason, whether initiated by the Company or the Customer, all Orders shall terminate as well and the Customer shall pay the Company any and all sums owing to the Company, together with any costs and expenses to which the Customer is committed, as of the date of such termination.

This Section 12 and Sections 7 (Warranties), 8 (Intellectual Property Rights), 9 (Limited Warranties) 10 (Limitation of Liability), 11 (Indemnification), 13 (Confidentiality) and 14 (Miscellaneous) shall survive termination of this Agreement.

13. Confidentiality

Neither Party (the “Receiving Party”) shall disclose to third parties, nor use for any purpose other than for the proper use or provision of the Solution and/or Services any Confidential Information received from the other Party (the “Disclosing Party”) in whatever form under this Agreement any information pertaining to the Services and/or Solution without the prior written permission of Disclosing Party. “Confidential Information” shall mean all data and information, not made available to the general public, oral or written, that relates to the Disclosing Party’s past, present, or future research, development or business activities, information relating to services, developments, inventions, processes, plans, financial information, customer and supplier lists, forecasts, and projections, and also includes the terms and conditions of this Agreement. Receiving Party shall limit access to Confidential Information to those of Receiving Party’s personnel for whom such access is reasonably necessary for the proper performance of this Agreement. Such personnel shall be bound by written confidentiality obligations not less restrictive than those provided for herein. Receiving Party shall be responsible for any breach of this Agreement by any of Receiving Party’s personnel. Receiving Party shall protect the Confidential Information with the same degree of care, but no less than a reasonable degree of care, to prevent unauthorized disclosure or use of Confidential Information, as Receiving Party exercise in protecting Receiving Party’s own proprietary information. The aforementioned limitations shall not apply to Confidential Information which the Receiving Party can demonstrate: (i) was in Receiving Party’s possession prior to disclosure hereunder, provided that, immediately upon disclosure, Receiving Party have brought this fact to the attention of the Disclosing Party; or (ii) was in the public domain at the time of disclosure or later became part of the public domain without breach of the confidentiality obligations herein contained; or (iii) was disclosed by a third party without breach of any obligation of confidentiality; or (iv) is disclosed pursuant to administrative or judicial action, provided that Receiving Party shall use its best efforts to maintain the confidentiality of the Confidential Information. If only a portion of the Confidential Information falls under any of the above alternatives, then only that portion of the Confidential Information shall be excluded from the use and disclosure restrictions of this Agreement.

14. Miscellaneous

This Agreement, including any exhibits attached or referred hereto, represents the complete agreement concerning the subject matter hereof and may be amended only by a written agreement executed by both Parties. The failure of either Party to enforce any rights granted hereunder or to take action against the other Party in the event of any breach hereunder shall not be deemed a waiver by that Party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by Customer but may be assigned by Company without restriction or notification. This Agreement shall be governed by and construed under the laws of the State of Israel, without reference to principles and laws relating to the conflict of laws. Customer agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv, Israel, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. This Agreement does not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the Parties. The Company will not be liable for any delay or failure to provide the Solution or Services resulting from circumstances or causes beyond the reasonable control of the Company. This Agreement may be executed in electronic counterparts, each of which counterpart, when so executed and delivered, shall be deemed to be an original and all of which counterparts, taken together, shall constitute but one and the same agreement.

 

Exhibit B

HUNTERS SERVICE LEVEL AGREEMENT (SLA)

Service Provider reserves the right to change the terms of this SLA by providing Company with at least thirty (30) days prior written notice.

During the term of the Agreement, Service Provider will use commercially reasonable efforts to make the Service available with a Monthly Uptime Percentage (defined below) of at least 99.5% during monthly billing cycle (the "Service Commitment").

The following definitions apply to this SLA:

  • "Downtime" or "Downtime Incident" means the time in which Service Provider's Service is unavailable to the Company as measured and determined solely by Service Provider based on its systems Downtime Incidents shall exclude: (i) planned downtime incidents announced in-advance by Service Provider, including without limitation, for periodic upgrade and maintenance, cyber attacks on Service Provider's collectors (hardware or virtual) within the Company's infrastructure (ii) network disruption between  Company’s network and the software outside of Service Provider's control; (iii) Downtime Incidents that are caused by the SLA Exclusions specified below, and/or (iv) any time where Service Provider is awaiting information from the Company or awaiting Company confirmation that the software has been restored.
  • "Downtime Period” means the number of minutes in a calendar month during which Service Provider's Service is unavailable to the Company due to Downtime Incident(s).
  • "Monthly Uptime Percentage” means the monthly uptime expressed as a percentage, calculated based on the total number of minutes in a calendar month, minus the Downtime Period, divided by the total number of minutes in a calendar month.

SLA Exclusions:

The SLA does not apply to any: (a) features or services excluded from the Agreement (as specified in the associated Documentation); or (b) Downtime Incidents that: (i) are explicitly excluded under this SLA; (ii) are caused by factors beyond Service Provider’s reasonable control (e.g. any force majeure event, Internet access or related problems beyond Service Provider's reasonable control etc.); (iii) resulted from accident, negligence, abnormal physical or electrical stress, abnormal environmental conditions, abuse or misuse of the Service Provider’s software; (v) resulted from use of the Service Provider’s software other than in accordance with its manuals, specifications or documentation or in violation of the Agreement; (vi) resulted from Company's equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within Service Provider’s direct control); and/or (vii) resulted from the combination of the Service Provider’s software with equipment or software not authorized or provided by Service Provider or otherwise approved by Service Provider in the software's manuals, specifications or documentation.

Service Level Objectives:

Service Provider offers Service Level Objectives for the initial response to Company support tickets based on the severity of the Company impact. The ticket priority is based on the business impact as described in the table below.

Severity Description   Hunters –SLA
P1
  • The platform is completely down and unavailable (excluding a scheduled downtime).
  • All data ingestion capacity and/or data query functionality are completely down.
  • All analytics services (Detection, Investigation, Scoring, Correlation) are unavailable, where any analysis performed by the users result in an error and/or no data is returned for any queries.
Support availability 24X7
Initial Response 2h
Contact Frequency 3h
P2
  • The platform is unstable with periodic interruptions.
  • Data ingestion capacity is significantly delayed or has stopped for a portion of data.
  • Analytics services (Detection, Investigation, Scoring, Correlation) are operational but there is a significant performance degradation, unexpected behavior or exceptions are seen across various analysis actions.
Support availability 24X7
Initial Response 4h
Contact Frequency 6h
P3
  • There are errors causing partial, non-critical functionality loss (impairs some operations but allows the Services to continue to function).
  • Data ingestion capacity is marginally delayed for non-critical data.
  • Analytics services (Detection, Scoring, Investigation, Correlation) are operational but there is a minor performance degradation; some specific analysis options result in exceptions.
Support availability 24x7
Initial Response 1 Business Day
Contact Frequency 2 Business Days
P4
  • Minor issues not impacting service functionality.
Support availability 24x7
Initial Response 2 Business Days
Contact Frequency 1 Week

 

In order for the service level objective to be achieved, the requestor is required to contact Service Provider’s support via email at support@hunters.ai or web access via support.hunters.ai.  Service Provider may, at any time update (subject to 30 days' prior notice) the communication methods to be used in order to submit the issue to Service Provider’s support team and requestor must provide Service Provider with all information, documentation, assistance and access as Service Provider might reasonably require, including, without limitation:

-    application knowledge,
-    listing of any output,
-    detailed steps required to enable Service Provider to replicate the problem, and
-    exact wording of error messages.

Exclusions

The technical support described above will only be provided with respect to SaaS version which is under support, and Service Provider shall not be required to correct any error that in Service Provider’s reasonable discretion resulting from:

  1. Any modifications of the SaaS that have not been approved by Service Provider in writing;
  2. Company's instructions, or installation or set up adjustments;
  3. Use of the SaaS other than as permitted in the software license agreement;
  4. Any fault in any equipment or programs used in conjunction with the SaaS, or other causes beyond the control of Service Provider; and/or
  5. Company's negligence or willful misconduct.

Company's Responsibilities

Service Provider's obligations hereunder are subject to the following:

  1. Company agrees to receive from Service Provider communications via e-mail, telephone, and other formats;
  2. Company's technical support contact shall cooperate with Service Provider at all time during the provision of technical support and maintenance services hereunder; and
  3. Company shall report to Service Provider all problems with the SaaS and shall implement any corrective procedures provided by Service Provider reasonably promptly after receipt.

Privacy Policy


This Privacy Policy describes how Cyber Hunters Ltd. and its affiliated companies (collectively, “Hunters”, “we”, “our” or “us”) collects, stores, uses and discloses the following categories of Personal Data:

  • User Data: Personal Data related to individuals who use our services on behalf of our corporate customers (“Users” and “Customers” respectively);
  • End-User Data: Personal Data related to individuals who use or access our Customer’s devices, systems, networks or otherwise have an activity within our Customer’s environment, whose log data is being tracked and monitored by our services;
  • Prospect and CRM Data: data relating to visitors of our website (hunters.ai), participants at our events, and any other prospective customer, user or partner (collectively, “Prospects”) who visits or otherwise interacts with our website, online ads and content, emails, or communications under our control (the “Sites”, and collectively with the Hunters Platform, the “Services”).

Specifically, this Privacy Policy describes our practices regarding:

  1. Data Collection
  2. Data Uses
  3. Data Retention
  4. Data Security
  5. Data Sharing
  6. Cookies and Data Collection Technologies
  7. Communications
  8. Data Subject Rights
  9. Roles and Responsibilities
  10. Additional Information and Contact Details

Please read this Privacy Policy carefully and make sure that you fully understand and agree to it. You are not legally required to provide us with any Personal Data (as defined below) and may do so (or avoid doing so) at your own free will. If you do not wish to provide us with your Personal Data or to have it processed by us or any of our Service Providers (in accordance with Section 6 below), please avoid any interaction with us or any use of our Services. If you are a User using our Services on behalf of a Customer, we suggest that you contact the Customer’s account administrator with any questions about the Services, or if you do not want to be registered to the Services or otherwise that we will process any Personal Data relating to you.


1.    Data Collection

When we use the term “Personal Data” in this Privacy Policy, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably linked, directly or indirectly, to an individual. Personal Data does not include aggregated or deidentified information that is maintained in a form that is not reasonably capable of being associated with or linked to an individual.


We collect Personal Data through various sources – automatically when an individual interacts with our Services, directly from an individual, or via third parties or sources (such as our Customers or Services Providers).


We may collect the following types of Personal Data about individuals through the Services:


A. User Data
  1. User Account Information is Personal Data that a User provide us when creating an account with our Services. It may contain e-mail address, mobile phone number, name, job title, and, when applicable, hashed password or other information used for authentication and access control;
  2. Business Data related to our Customer’s representatives with whom we interact when we engage with our Customer. Business Data may consist of company name and affiliation, physical address and payment method. To the extent that any of the foregoing solely relates to a non-human entity, we will not regard it as Personal Data, and this Privacy Policy will not apply to it;
  3. Usage Information related to the manner in which our Users use the Services. Usage Information may contain specific use of the product, frequency of use and various information regarding the utilization of the product.
B. End-User Data related to individuals who use or interact with our Customer’s devices, systems, networks or otherwise individuals having an activity within our Customer’s environment which we might track or monitor through the Services. Such End-User Data may consist of names, e-mail addresses, and login credentials.

We process End-User Data as a data processor on behalf of our Customers, and use it in accordance with the Data Processing Agreement we have with them. Our Customers are responsible to provide adequate notice of such processing to their End-Users and any other information necessary to comply with applicable laws. For further information about the position that we take when processing different types of Personal Data, please see Section 10 below.


C. Visitor, CRM & Prospect Data
  1. Contact information that includes contact details and interests, as well as any needs, preferences, attributes and insights relevant to our potential engagement;
  2. Communication Data about our Visitors and Prospects which may include Personal Data contained in correspondences with us (e.g., for user experience, support and training purposes), as well as chats, surveys, feedbacks, calls and video recordings, transcriptions, and analyses thereof;
  3. Site usage information about the manner in which individuals use our Site, that may include connectivity, technical and aggregated usage data, user agent, IP addresses, device data (such as type, OS, device ID, browser version, locale and language settings used), approximate geolocation, activity, communication and performance logs, session recordings, issues and bugs, and the cookies and pixels installed or utilized on your device.
  4. Job Candidates and Human Resources - Throughout the application and recruitment process, you may provide us (or we may otherwise have access to) Personal Data about you, such as your identifying data, contact details, resume/CV, work-related data, social media activity, etc. We may collect this data directly from you, as you provide it voluntarily through your application and candidacy review process, or from other sources such as recruitment agencies, background check services (as applicable and subject to applicable law), or your references. To learn more, please check our Job Candidate Privacy Notice.
2.    Data Uses

Hunters processes the Personal Data described in Section 1 as necessary for the performance of our Services (“Performance of Contract”); to comply with our legal and contractual obligations (“Legal Obligation”); and to support our legitimate interests in maintaining and improving our Services, e.g., in understanding how our Services are used and how our campaigns are performing, and gaining insights which help us dedicate our resources and efforts more efficiently; in marketing, advertising and selling our Services; providing customer service and technical support; and protecting and securing our Customers, Users, Prospects, ourselves and our Services (“Legitimate Interests”).


If you reside or are using the Services in a territory governed by privacy laws under which "consent" is the only or most appropriate legal basis for the processing Personal Data in the manners described in this Policy (in general, or specifically with respect to the types of Personal Data you expect or elect to be or have processed by or via the Services), your acceptance of our Terms of Use and this Privacy Policy will be deemed as your consent to the processing of your Personal Data for all purposes detailed herein. If you wish to revoke such consent, please contact us at privacy@hunters.ai.


Specifically, we use Personal Data for the following purposes and in reliance on the legal bases noted next to them, as appropriate:


A. User Data

To facilitate, operate, enhance, and provide our Services

(Performance of Contract; Legitimate Interests);

To provide our Customers (and Users) with assistance and support, to test and monitor the Services, and to diagnose or fix technology problems

(Performance of Contract; Legitimate Interests);

To personalize our Services, including by recognizing an individual and remembering their information when they return to our Services, and to provide further localization and personalization capabilities

(Performance of Contract; Legitimate Interests);

To gain a better understanding on how Users use and interact with our Services, which content and data they have processed through our Services (if any), and how could improve their and others’ user experience as well as the value they can generate from using the Services, so we could continue improving our products, offerings and the overall performance of our Services

(Legitimate Interests);

To facilitate, sponsor and offer certain events and webinars, contests and promotions

(Legitimate Interests);

To contact our Customers and Users with general or personalized service-related messages, as well as promotional messages that may be of specific interest to them

(Performance of Contract; Legitimate Interests; Consent);

To support and enhance our data security measures, including for the purposes of preventing and mitigating the risks of fraud, error or any illegal, criminal or prohibited activity

(Performance of Contract; Legitimate Interests; Legal Obligation);

To create aggregated statistical data, inferred non-Personal Data, or anonymized or pseudonymized data (rendered non-personal and non-identifiable), which we or our business partners may use to provide and improve our respective services, or for any other purpose

(Legitimate Interests);

To enforce our Terms of Use, to resolve disputes, to carry out our obligations and enforce our rights, and to protect our business interests and the interests and rights of third parties

(Legitimate Interests);

To comply with our contractual and legal obligations and requirements, and maintain our compliance with applicable laws, regulations and standards

(Performance of Contract; Legitimate Interests; Legal Obligation); and

For any other lawful purpose, or other purpose that you consent to

(Legal Obligation; Consent).

B. Visitor, CRM & Prospect Data

To gain a better understanding on how individuals use and interact with our Site or other services, and how could improve their and others’ user experience, so we could continue improving our Site and its performance.

(Legitimate Interests)

To facilitate and optimize our marketing campaigns, ad management and sales operations, and to manage and deliver advertisements for our products and services more effectively, including on other websites and applications. Such activities allow us to highlight the benefits of using our Services, and thereby increase your engagement and overall satisfaction with our Services. This includes contextual, behavioral and interests-based advertising based on your activity, preferences or other data available to us or to our business partners

(Legitimate Interests; Consent);

To contact our Prospects with general or personalized service-related messages, as well as promotional messages that may be of specific interest to them

(Performance of Contract; Legitimate Interests; Consent);

To support and enhance our data security measures, including for the purposes of preventing and mitigating the risks of fraud, error or any illegal, criminal or prohibited activity

(Performance of Contract; Legitimate Interests; Legal Obligation);

To create aggregated statistical data, inferred non-Personal Data, or anonymized or pseudonymized data (rendered non-personal and non-identifiable), which we or our business partners may use to provide and improve our respective services, or for any other purpose

(Legitimate Interests);

To enforce our Terms of Use, to resolve disputes, to carry out our obligations and enforce our rights, and to protect our business interests and the interests and rights of third parties

(Legitimate Interests);

When we process your job application

(Legal Consent);

For any other lawful purpose, or other purpose that you consent to

(Legal Obligation; Consent).

C. End-User Data. We use End-User Data in order to provide our Services to our Customer’s, in accordance with the instructions our Customers provide us via the Data Processing Agreement with them. We process such data as a data processor while our Customer takes the position of a data controller. For more information about these data processing roles, see Section 10 below. If you wish to learn about End-User Data being processed, please refer to the privacy policy of the respective Customer.

Finally, please note that some of the abovementioned Personal Data will be used for detecting, taking steps to prevent, and prosecution of fraud or other illegal activity, to identify and repair errors, to conduct audits, and for security purposes. Personal Data may also be used to comply with applicable laws, with investigations performed by the relevant authorities, law enforcement purposes, and/or to exercise or defend legal claims. In certain cases, we may or will anonymize or de-identify your Personal Data and further use it (for internal and external purposes, including, without limitation, to improve the services and for research purposes). “Anonymous Information” means information which does not enable identification of an individual user, such as aggregated information about the use of our services. We may use Anonymous Information and/or disclose it to third parties without restrictions (for example, in order to improve our services and enhance your experience with them).

 

3.    Data Retention

We retain your Personal Data for as long as we deem it as reasonably necessary to provide you with our Services and offerings and to maintain and expand our relationship; until you send a valid deletion request; to comply with our legal and contractual obligations; or to protect ourselves from any potential disputes (i.e., as required by laws applicable to log-keeping, records and bookkeeping, and in order to have proof and evidence concerning our relationship, should any legal issues arise following your discontinuance of use), all in accordance with applicable laws and regulations.


To determine the appropriate retention period for Personal Data, we consider the amount, nature, and sensitivity of the data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we process the data and the applicable legal requirements.


If you have any questions about our data retention policy, please contact us by e-mail at privacy@hunters.ai.  


4.    Data Security

We implement systems, applications and procedures to secure your Personal Data, to minimize the risks of theft, damage, loss of information, or unauthorized access or use of information. These measures provide sound industry-standard security, however, although we make efforts to protect your privacy and data, we cannot and do not guarantee the absolute protection and security of any Personal Data stored with us or with any third-parties. To learn more, please visit https://www.hunters.ai/privacy-and-security.


5.    Data Sharing

We share Personal Data in following ways:


Service Providers: We may engage selected third-party entities to perform services on our behalf or complementary to our own. Such Service Providers include hosting and server co-location services, communications and content delivery networks (CDNs), internet service providers, operating systems and platform, data analytics services, marketing and advertising services, data and cyber security services, fraud detection services, billing and payment processing services, web analytics, e-mail and SMS distribution and monitoring services, session or activity recording services, remote access services, performance measurement, data optimization services, social and advertising networks, content providers, support and customer relation management systems; and our business, legal, financial and compliance advisors (collectively, “Service Providers“).


These Service Providers may have access to your personal data, depending on each of their specific roles and purposes in facilitating, supporting and enhancing our Services, and may only use it as determined in our agreements with them.


Legal Compliance: in exceptional circumstances, we may disclose or allow government and law enforcement officials access to your personal data, in response to a subpoena, search warrant or court order (or similar requirement), or in compliance with applicable laws and regulations, with or without notice to you. Such disclosure or access may occur if we believe in good faith that: (a) we are legally compelled to do so; (b) disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding actual or suspected illegal activity, fraud, or other wrongdoing; or (c) such disclosure is required to protect our legitimate business interests, including the security or integrity of our products and Services.


Account Administrators: User and End-User data may be shared with the Customer’s administrator to whom such a User or End-User is related, or with other Users of the same Customer account. This means that the administrator of the account may have access, and will be able to monitor, process and analyze the personal data contained therein, as well as your use of the Services and communication with us.


Events Sponsors: If you attend an event or webinar organized by us, or download or access an asset on our Sites related to such an event, webinar or other activity involving third party sponsors or presenters, we may share your personal data with them. If required by applicable law, you may consent to such sharing via the registration form or by allowing your attendee badge to be scanned at a sponsor booth. In these circumstances, your personal data will be subject to the sponsors’ privacy statements. If you do not wish for your personal data to be shared, you may choose to not opt-in via event/webinar registration or elect to not have your badge scanned, or you can opt-out in accordance with Section 9 below;


Protecting Rights and Safety: we may share personal data with others if we believe in good faith that this will help protect the rights, property or personal safety of Hunters, our Users, our Visitors, End-Users, or any members of the general public.


Hunters Subsidiaries and Affiliated Companies; Change of Control: we may share personal data internally within our group, for the purposes described in this Privacy Policy. In addition, should Cyber Hunters Ltd. or any of its subsidiaries or affiliates undergo any change in control or ownership, including by means of merger, acquisition or purchase of substantially all or part of its assets, or will be considered or found eligible for a governmental grant and/or a potential investment, personal data may be shared with the parties involved in such an event. If we believe that such event might materially affect your personal data then stored with us, we will notify you of this event and the choices you may have via e-mail or prominent notice on our Services.


Additional Sharing: we may share your personal data in additional manners, pursuant to your request or explicit approval, or if we are legally obligated to do so, or if we have successfully rendered such data non-personal, non-identifiable and anonymous. We may transfer, share or otherwise use non-personal and non-identifiable data at our sole discretion and without the need for further approval.


6.    Cookies and Data Collection Technologies

Hunters and our Service Providers use cookies and other technologies for performance, tracking, analytics, personalization purposes and in order to provide you with a better experience. We may share non-identifiable/aggregated extracts of such information with our partners for our legitimate business purposes.

Log Files: We use log files. We use such information to analyze trends, administer the Website, track users’ movement around the Website, and gather demographic information.

 

Cookies: cookies are small text files that are stored through the browser on your computer or mobile device (for example, Google Chrome or Safari) when you visit a website. Some cookies are removed when you close your browser session - these are the “session cookies”. Some last for longer periods and are called “persistent cookies”. We use both types of cookies to facilitate the use of the Services’ features and tools. Whilst we do not change our practices in response to a “Do Not Track” signal in the HTTP header from a browser or mobile application, you can manage your cookies preferences, including whether or not to accept them and how to remove them, through your browser settings. Please bear in mind that disabling cookies may complicate or even prevent you from using the Services. For more information regarding cookies, you may find the following websites useful: www.allaboutcookies.org, www.youronlinechoices.co.uk.

Analytic tools:

  • Google Analytics: we use Google Analytics to collect information about the use of our Services. Google Analytics collects information such as how often you visit the Services, which pages you visited when doing so, and which other sites they used prior to coming to our Services. We do not merge the information collected through the use of Google Analytics with personally identifiable data. Google’s ability to use and share information collected by Google Analytics about your visits to and use of the Services is restricted by the Google Analytics Terms of Service and the Google Privacy Policy. You can learn more about how Google collects and processes data specifically in connection with Google Analytics here. Further information about your option to opt-out of these analytics services is available here.
  • We reserve the right to remove or add new analytic tools.

To learn more about our cookies practices, please visit our Cookie Policy.


7.    Communications

We engage in service and promotional communications, through e-mail, phone, SMS and notifications.


Service Communications: we may contact you with important information regarding our Services. For example, we may send you notifications (through any of the means available to us) of changes or updates to our Services (such as billing issues, login attempts or password reset instructions, alerts and notifications concerning anomalies detected by our Services, surveys, etc.). You can control your communications and notifications in accordance with the instructions included in the communications sent to you. Please note that you will not be able to opt-out of receiving certain service communications which are integral to your use.


Notifications and Promotional Communications: we and our authorized partners (e.g., event or webinar co-sponsors or partners) may also notify you about new features, additional offerings, events, webinars, special opportunities or any other information we think you will find valuable. We may provide such notices through any of the contact means available to us (e.g., SMS, phone, mobile or e-mail), through the Services, or through our marketing campaigns on any other sites or platforms. In order to control your notifications settings please follow the instructions included in the promotional communications sent to you. If you do not wish to receive such communication, you may also notify us by sending an e-mail to: privacy@hunters.ai.


8.    Data Subject Rights

Individuals have rights concerning their Personal Data. If you wish to exercise your privacy rights under any applicable law, including the EU General Data Protection Regulation (GDPR), or the CCPA, such as the right to:

  • access Personal Data held about you. Your right of access may normally be exercised free of charge, however we reserve the right to charge an appropriate administrative fee where permitted by applicable law;
  • request that we rectify any Personal Data we hold that is inaccurate or misleading;
  • request the erasure/deletion of your Personal Data (e.g. from our records). Please note that there may be circumstances in which we are required to retain your Personal Data, for example for the establishment, exercise or defense of legal claims;
  • object, to or to request restriction, of the processing;
  • data portability. This means that you may have the right to receive your Personal Data in a structured, commonly used and machine-readable format, and that you have the right to transmit that data to another controller;
  • object to profiling;
  • withdraw your consent at any time. Please note that there may be circumstances in which we are entitled to continue processing your data, in particular if the processing is required to meet our legal and regulatory obligations. Also, please note that the withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal;
  • request certain details of the basis on which your Personal Data is transferred outside the European Economic Area, but data transfer agreements and/or other details may need to be partially redacted for reasons of commercial confidentiality;
  • lodge a complaint with your local data protection supervisory authority (i.e., your place of habitual residence, place or 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.

You can exercise your rights by contacting us at: privacy@hunters.ai. Note that if you are a User using the Services on behalf of our Customer, your request should be communicated to us through the account administrator of the applicable Customer (i.e., your employer or the organization to which you are related). Please also note that if such a request will be directed to us, we will share such request with the relevant Customer.


Privacy rights are not absolute. As described above, there are instances where applicable law or regulatory requirements allow or require us to refuse to provide some or all of the Personal Data that we hold about you. In the event that we cannot accommodate your request, we will inform you of the reasons why, subject to any legal or regulatory restrictions.


When you ask us to exercise any of your privacy rights, we may require additional information, including certain Personal Data, in order to authenticate and process your request. Such additional information may be then retained by us for legal purposes (e.g., as proof of the identity of the person submitting the request). We may redact from the data which we will make available to you, any Personal Data related to others.


9. Roles and Responsibilities

Certain data protection laws and regulations, such as the GDPR or the CCPA typically distinguish between two main roles for parties processing Personal Data: the “data controller” (or under the CCPA, “business”), who determines the purposes and means of processing; and the “data processor” (or under the CCPA, “service provider”), who processes the data on behalf of the data controller (or business). Below we explain how these roles apply to our Services, to the extent that such laws and regulations apply.


Hunters is the “data controller” of its Visitor, CRM & Prospect Data and User data. With respect to such data, we assume the responsibilities of data controller (solely to the extent applicable under law), as set forth in this Privacy Policy. In such instances, our Service Providers processing such data will assume the role of “data processor”.


Hunters is the “data processor” of its End-User data which we process on behalf of our Customer (who is the “data controller” of such data); and our Service Providers who process such End-User Data on our behalf are the “sub-processors” if such data.


Accordingly, Hunters processes End-User Data strictly in accordance with such Customer’s reasonable instructions and as further stipulated in our Data Processing Addendum (“DPA”) and other commercial agreements with such Customer. The Customer, as the data controller of such data, will be responsible for meeting any legal requirements applicable to data controllers (such as establishing a legal basis for processing and responding to Data Subject Rights requests concerning the data they control).


For the avoidance of doubt, each Customer is solely responsible for providing adequate notice to their End-User whose Personal Data may be processed – including sufficient reference to the processing of their Personal Data via the Services, and any other information necessary to comply with all applicable privacy and data protection laws; and to obtain all approvals and consents from such individuals as required under such laws.


10. Additional Information and Contact Details

Updates and Amendments: we may update and amend this Privacy Policy from time to time by posting an updated version on our Services. The amended version will be effective as of the date it is published. We will provide prior notice if we believe any substantial changes are involved via any of the communication means available to us or via Services. After such notice period, all amendments shall be deemed accepted by you.


External Links: while our Services may contain links to other websites or services, we are not responsible for their privacy practices. We encourage you to pay attention when you leave our Services for the website or application of such third-parties, and to read the privacy policies of each and every website and service you visit. This Privacy Policy applies only to our Services.


Our Services are not designed to attract children under the age of 16: we do not knowingly collect Personal Data from children and do not wish to do so. If we learn that a person under the age of 16 is using the Services, we will attempt to prohibit and block such use and will make our best efforts to promptly delete any Personal Data stored with us with regard to such child. If you believe that we might have any such data, please contact us by e-mail at privacy@hunters.ai.


California Requirements: This Privacy Policy describes the categories of personal information we mat collect and the sources of such information, our retention, and deletion practices. We also included information about how we may process your information, which includes for “business purposes” under the California Consumer Privacy Act (CCPA). We do not sell your personal information for the intents and purposes of CCPA. We may disclose personal information with third parties that are authorized Service Providers or business partners who have agreed to our contractual limitations as to their retention, use, and disclose of such personal information.


If you have any questions or would like to exercise your rights under the CCPA, you can contact us via privacy@hunters.ai.


Questions, concerns or complaints: if you have any comments or questions regarding our Privacy Policy, or if you have any concerns regarding your Personal Data held with us, or if you wish to make a complaint about how your Personal Data is being processed by Hunters, you can contact us at privacy@hunters.ai.


Last Updated: October 2nd, 2022