In addition, Gamoshi provides certain related services, as described below. Gamoshi does not provide its Services directly to end users. Instead, Gamoshi’s Services are designed for businesses, marketers, advertising agencies, marketing technology platforms, media companies, and publishers, and enable them to participate in programmatic advertising activities. Note that when providing programmatic advertising services to its customers, Gamoshi does not use information that directly identifies anyone as a specific person (such as your name, address, email address, or phone number), but we may use other pseudonymized personal information as further described below.
2. Preliminary Notes
Not for minors - If you are under the age of 16, do not use the Services, unless your parent or legal guardian is doing so on your behalf. If not, you are requested to not use our Services or access our Websites.
Content - Our Site and/or Platform and/or Services does not contain inappropriate content. Nevertheless, we use appropriate technical and organizational measures to ensure the protection and retention of data subjects.
3. Gamoshi services:
1. SaaS Products and Services.
Gamoshi offers cloud base services that are offered through its software as a service platform, GAMBID, including Gamoshi’s self-serve dashboard to publishers and Gamoshi’s private marketplace solution. The platform GAMBID combines contextual-analysis algorithms, machine-learning algorithms, content-match algorithms, predictive analytics, and big-data mining and analysis features. Our Product connects all media types, including display, video, native, and audio whether they are represented as regular tags or Real-Time Bidding (RTB) for our Clients: advertisers, publishers, and mediators.
These Services enable customers to manage or participate in a programmatic advertising auction. Clients can connect their own buyers and sellers to the auction or connect to GamoshiX programmatic marketplace. Gamoshi provides the tools that facilitate our customers’ programmatic activities and acts as a ‘data processor’ determining the purposes and the means of the processing of Personal Data on behalf of and at the direction of those clients.
2. GamoshiX marketplace
Gamoshi offers advertisers and buyers the option to connect to our own advertising programmatic auction via the GamoshiX marketplace service. GamoshiX marketplace has access to leading demand sources and high-quality traffic. GamoshiX marketplace service uses universal IDs such as live ramp ID to identify users across computers, phones, and other mobile devices.
3. Gamoshi’s data services
Some of Gamoshi’s Services, allow Gamoshi’s clients to utilize data to reach the right online audiences for their products and services. To provide these Services, Gamoshi collects data from third-party providers (including website owners, app owners, and SmartTV manufacturers) and makes this data available to its clients. This data is called “Third Party Data.” Gamoshi’s clients use Third-Party Data to create data segments associated with certain interests, behaviors, and attributes (for example, an interest in travel or an interest in sports). These data segments are associated with cookies and advertising identifiers so that clients can send relevant advertisements to consumers on their computers, phones, and other mobile devices.
3. Key Definitions
Applicable Privacy Laws means the General Data Protection Regulation (EU) 2016/679 (GDPR); European Union Member State laws, rules, and guidelines implementing or supplementing the GDPR, as amended from time to time and to the extent applicable to our Company’s operation and our Services; and any other applicable privacy or other law to the extent applicable to our operation, including the Israeli Privacy Law – 1981 and any regulations enacted thereunder including the Privacy Protection Regulations (Transfer of Data to Databases Abroad), 5761-2001 and Privacy Protection Regulations (Data Security), 5777-2017 and any applicable guidelines, standards and/or instructions published by the Israeli privacy authority in effect from time to time relating to data security and data privacy; and the California Privacy Right of 2018, Cal. Civ. Code §§ 1798.100 et. Seq, (CPRA) to the extent applicable.
Non-Personal Data means information that cannot personally identify or lead to identifying a natural person. For example, statistics, aggregated information, or any other type of data that can no longer be attributed to you.
Data Controller refers to the person, organization, public authority, agency, or other body who, either alone or with others, determines the purposes for which and the manner in which any Personal Data is to be processed, and defines the controls required for such processing.
Data Processor refers to any person or organization (other than an employee of the Data Controller) who undertakes the processing of Personal Data on behalf of the Data Controller.
Processing refers to any operation which is performed upon or applied to personal data, whether undertaken manually or by automated means, including its acquisition, organization, storage, retrieval, consultation, amendment, availability, disclosure, erasure, or destruction.
Data Subject refers to an individual who is the subject of Personal Data.
Data Subject Consent refers to the Data Subject’s approval or agreement for an activity to take place, having considered the benefits and risks of the activity. For consent to be valid, the data subject needs to be informed, have the capacity and knowledge to decide, and have given their consent voluntarily. Specific requirements need to be met in connection with the consent which is given by Children, including validating parental consent and the age of the Child.
Supervisory Authority refers to (a) the national data protection authority of each EEA country, responsible for enforcing GDPR within their own nation b) any similar regulatory authority responsible for the enforcement of Data Protection Laws and Regulations outside of Europe; or (c) In Israel, the Israeli Privacy Protection Authority and the Israeli Database Registrar. The Supervisory Authority is also the reporting point for data breach notifications, and for conducting investigations.
4. Data Controller and Data Processor
Controller Information: Gamoshi is the Data Controller of your Personal Data processed regarding the Site Services.
Processor Information: Concerning our Product and the Services we provide to our Clients, we are the Data Processor, as we process certain data, as provided below.
Our Services do not involve processing the Personal Data of our Clients' targeted audience (“End Users”), and we have no knowledge or control over the actions our Clients perform outside our services in GAMBID or any other related Services. If we process any End User’s Personal Data on behalf of a Client, such Client shall be deemed the “Data Controller” of its End Users’ data.
In particular situations and as a Data Processor, we will process End Users' data on behalf of our Clients and follow their reasonable instructions, subject to our T&C and other commercial agreements with our Clients. The Client will be solely 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 Personal Data they control).
If you are the End User of one of our Clients and would no longer like to be contacted by one of our Clients that use our service, please contact the Client whom you interact with directly. Clients are responsible for complying with any regulations or laws that require providing notice, disclosure, and/or obtaining consent prior to transferring the data for processing purposes.
The company is based in Israel and located at Atir Yeda 1 Kfar Saba, Israel. If you wish to contact us in any matter concerning this Policy, you are welcome to do so through the above address, or by email to: [email protected].
5. Consent and Choice
We may use data collected through the Site, Product, and Services in various ways, depending on whether you are (a) a business Client, a business partner that has a contractual relationship with us or a prospective Client that is yet to be engaged in a contract with us (b) a visitor of our Site or a user of any of the Services who interacts with the Services.
You are not legally obligated to provide us with Personal Data and you acknowledge that providing us with Personal Data is done freely by you. However, you acknowledge that we will not be able to provide you with the Services, Products, or process requests you make without such data. Some of the Services will require you to submit specific Personal Data in addition to other information already processed or collected about you. In such a case you can choose whether you want to use such additional Services or not.
6. Our Processing Objectives
The objectives of this policy are to ensure that we shall remain compliant with Personal Data international legislation; to ensure that we are correctly undertaking the activities and implementing the controls required by international law; to ensure that Data Subjects' rights are increasingly protected in light of the nature of the Data; to ensure that any Personal Data transfer is based on the appropriate contractual measures; to ensure that any transfer or sharing of Personal Data with third parties (and in particular third parties outside the EEA) is done following data transfer mechanisms and under the provisions of Chapter V of GDPR.
7. Personal Data You Submit to Us
a. Contact details. We may process your contact details (such as email address or phone number) in case you submitted those to us when opening an account with us, or when reaching out to our support services, as further described below.
b. Signing up for GAMBID platform, registration, and account management. Some of the Services require registration and signing up for a user account. If you choose to do so you will be asked to submit some information such as your email address, full name, and other Personal Information as the submission form indicates. Your email address will be used as your username together with a password of your choice for authentication and authorization purposes.
Purpose: We use your account information to assign an account to you, secure your access to your Account, manage your installations and purchases of license activity, and provide you with access to your activity and the ability to manage it directly.
Retention: We retain account information for as long as you are a User of the Platform, and so long as the Account Information is required to provide you with the Services or, as required by any applicable law.
c. Engagement to use or evaluate our Product. If you wish to engage with us to purchase and use our Product, including for evaluation purposes, you will be asked to provide your contact information, such as your full name, email address, billing information, and any other purchase-related information, in order to process your purchase, contact you in case of support necessity if an issue arises, and to protect the access to your account and purchased Product. We also use this information to share purchase confirmations, notifications, download links, activation keys, support, and Platform notices. Upon your requested payment method, certain payment information may be further asked (“Payment Information”).
Purposes: We use the information to process your order, deliver the Product, manage your purchase and use of the Product, and protect access to your account and Product software.
Retention: We retain this information for the duration of our engagement, and may sometimes retain it for longer periods when applicable laws require (for instance, payment information), or if you didn’t withdraw your consent to share information with you via certain contact details you submitted to us.
d. Providing customized services. To provide relevant and dedicated services to our clients, we collect and process state-level geolocation data. This data is aggregated and collected to provide relevant services to our Clients.
Data received from our Clients and their end-users: Clients may also provide us with data concerning their End Users via the use of our Product, such as their service provider(s), colleagues, or employees in order to allow them access to our Product. Such data usually refers to such individuals’ names/nicknames and work e-mails; however additional data may be provided at the Client’s discretion under its responsibilities as Data Controller. In addition, When our Clients use our Product to track any object, we process only their statistical tracking information which contains non-identifiable data as provided by our Clients’ use of our Product and Services as Data Controllers. Nevertheless, we use appropriate technical and organizational measures to ensure the protection and retention of data subjects.
e. Data received from our Clients and their end-users: Clients may also provide us with data concerning their End Users via the use of our Product, such as their service provider(s), colleagues, or employees in order to allow them access to our Product. Such data usually refers to such individuals’ names/nicknames and work e-mails; however additional data may be provided at the Client’s discretion under its responsibilities as Data Controller. In addition, When our Clients use our Product to track any object, we process only their statistical tracking information which contains non-identifiable data as provided by our Clients’ use of our Product and Services as Data Controllers. Nevertheless, we use appropriate technical and organizational measures to ensure the protection and retention of data subjects.
f. Website Access Use and Technical information. We may process details of our Users’ visits to our Website and Services and information collected through “cookies” and other tracking technologies, including, but not limited to, our Users' and Clients’ Internet protocol (IP) address and domain name, traffic data, location data, the type of device used to connect to the Website (PC or mobile) and country which requests information weblogs, Information about your visit and usage, through and from our Website - traffic data, location data, weblogs and other communication data and information provided when requesting downloads; and other communication data on to the resources that you access.
h. Raw Data. For statistical and operating means, we may collect and process raw data from our Clients’ requests obtained during RTB auctions. This data by any means cannot identify you.
When our Client uses our Services, we process only their statistical tracking information, which contains non-identifiable data as provided by our Clients’ use of our Product and Services as Data Controllers (State-level geolocation only). We also process raw data from requests obtained during RTB. Nevertheless, we ensure our sub-processors ("Vendors") use appropriate technical and organizational measures to secure the protection and retention of Data Subjects.
i. Tracking Advertising Performance.
j. Use of Non-Personal Data:
In addition to the above purposes, Gamoshi uses non-personal data it collects for the following purposes:
To operate and update the Site, and to provide you with existing and new functionality and features of the Site;
to improve, fix and customize the Site;
to monitor, analyze and optimize your use of the Site;
to maintain and improve the quality and operation of the Site, including, monitoring viewability of and interaction with the Site
k. If we need to do so to establish, exercise, protect or defend our contracts or legal rights, or the rights of others including our employees and affiliates, or detect, investigate, prevent, or take action against illegal activities, fraud, or situations involving potential threats to the rights, we may share Personal Data with investigators, advisors, consultants or law enforcement authorities.
Note that we do not intend to collect or process any sensitive Personal Data (as defined by applicable privacy law) about you. Our Services manage insensitive data solely.
Any Personal Data collected and processed to provide our Product, Services on the Site, will be made in transparency, under lawful means, and only to deliver our services. We will only use and process your Personal Data for the Purposes it was collected for or a reasonably compatible purpose if necessary or under our Client and/or Controller instructions. For more information on this please email us at [email protected]. In case we need to use your details for an unrelated new purpose we will let you know and explain the legal grounds for processing. We may process your Personal Data without your knowledge or consent where this is required by law, and to the extent required.
9. Information We May Receive or Share with Third Parties
We share your Personal Data as described below :
b. Consent and Transparency Solutions: we assist transparency and consent service providers in ensuring our Clients obtain the End Users' consent to our services as part of their responsibilities as Controllers of End Users’ Personal Data.
c. Official Authorities. We may need to disclose Personal Information in response to lawful requests by public authorities or law enforcement officials, law enforcement requirements.
d. Legal requirements: to the extent required or authorized by law, if we think it is necessary to comply with the law or if we need to do so to protect or defend our legal rights, or the rights of others (including to investigate and protect our users from fraudulent or unlawful use of the Website), we will share your Personal Information with third parties requiring information for legal reasons or third-party investigators, authorities, regulators or law enforcement bodies.
f. In the event Gamoshi goes through a business transition such as a merger or acquisition by another company, consolidation, change of control, reorganization, or sale of all or a portion of its assets, your Personal Data will be among the assets transferred.
g. Third parties companies and/or services providers that assist us in our marketing, advertising, and promotional activities; and
h. Analytics providers that assist us in the improvement and optimization of the Website and process personal information in the context of the provision of analytical services to us.
We will also disclose your Personal Data to third parties:
a. Where it is in our legitimate interests to do so to run, grow and develop our business, subject to applicable law:
If we sell or buy any business or assets, (including under negotiation procedures), undergo a reorganization process, or engage in a joint venture or in connection to any assignment of our business or entities to a third party, to the extent required, we will disclose your personal information to the prospective seller or buyer of such business or assets or for such merger, acquisition or reorganization process;
If the Company or substantially all of its assets are acquired by a third party, in which case Personal Data held by us will be one of the transferred assets, subject to applicable law limitations.
b. To protect the rights, property, or safety of the Company, our employees, Clients, suppliers, contractors, and/or other persons and/or to prevent or minimize any damages to their property, well-being, or any loss or expenses according, all in accordance with our discretion;
d. If we are under a duty to disclose or share your Personal Data in order to comply with any legal obligation, any lawful request from government or law enforcement officials may be required to meet national security or law enforcement requirements or prevent illegal activity.
10. Cookies Policy
A cookie is a small text file that is placed on the browser of the hard drive of your computer (or similar device) by websites that you visit. Cookies are typically used in order to make websites function, or function more efficiently, as well as to provide information to the operator of the particular website. Cookies make your use of the Site and Services easier to use and improve their functionality. They are used to make the login process easier for our users, to allow the website to track which Platforms you have added to your cart and your preferred country, language, and currency, and to track the Website’s visitors across the Site.
Some of the Services, features, and tools that are integrated into our Site and Services may use their own cookies to able to properly function. Please be aware that you may set your browser to refuse or block any cookies from us or our 3rd party partners. In this case, however, some of the Services may not properly function.
11. How We Use Your Personal Data
We use our Users' and Client’s Personal Data only when we have a valid legal basis to do so. Depending on the circumstance, we may rely on our Users' and Client’s consent or the fact that our processing is necessary to fulfill a contract with our Clients, protect our Users' and Client’s vital interests or those of other persons, or comply with the law. We may also process Personal Data where we believe it is in our or others’ legitimate interests, taking into consideration our use of Users' and Client’s interests, rights, and expectations.
We use our Users' and Clients' (including End Users') Personal Data for the purposes we described next to each data type above, and for the following purposes:
Providing our Services, supporting them, improving them and securing them, so as to better market and advertise them.
Security and Fraud Prevention. To protect our Users and Clients and to prevent fraud.
Open an account for you, manage it and support it.
Communicate with You. To respond to communications, reach out to our Users and Clients about their transactions or account, market our Products and Services, provide other relevant information, or request information or feedback. From time to time, We may use your Personal Data to send important notices, such as communications about changes to our terms, conditions, and policies.
Comply with Law. To comply with applicable law — for example, to satisfy tax or reporting obligations, or to comply with a lawful governmental request.
12. Lawful Basis for Processing
If you are a Client, our lawful basis to process your data is a contract, or, preparation for contractual engagement. Otherwise, we will process Personal Information based on your consent, if required by Applicable Laws, or, legitimate interest, when processed for such an interest. If you are an End-User, our Clients are responsible for acquiring your consent, if if required by Applicable Laws, or, legitimate interest, when processed for such an interest.
In some cases, we may also have a legal obligation to collect Personal Data from you or may otherwise need the Personal Data to protect your vital interests or those of another person. If we ask you to provide Personal Data to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your Personal Information is mandatory or not.
If you have questions about or need further information concerning the legal basis on which we collect, process, and use your Personal Data, including if you would like to better understand how our legitimate interests to process your data are balanced against your data protection rights and freedoms, please contact us.
We retain your Personal Data (to the extent we collect and process your Personal Data for the above purposes and use) for as long as necessary to fulfill our business and/or operational purposes or comply with a legal request. We may also choose to anonymize parts of your Personal Data so that it can no longer be identifiable or attributable to any person if we want to keep it for longer periods of time than the retention periods set forth above.
14. Your Rights and Choices
Depending on your country of residency, and on the type of your use of our Platform and Services (Visitor or a User) certain rights concerning your personal data may be available to you. Please contact us at: [email protected] with your detailed request and sufficient information to allow us to verify you and your request, and we will process your verifiable request within the timeframe indicated in the applicable regulation. Please note, that when handling these requests, we may ask for additional information from you.
If you are located in the European Economic Area (“EEA”), you have certain rights with respect to your Personal Data, including:
· the right to be informed
· the right to access
· the right to rectification
· the right to erasure
· the right to restrict processing
· the right to object to processing
· the rights in relation to automated decision-making and profiling.
15. International Transfers
If you are a resident of the EEA, it is possible, occasionally, that your data will be transferred outside the EEA, to third parties who can improve our Services. We are subject to the provisions of the GDPR that protect your Personal Data. We will ensure that certain safeguards are in place to provide a similar degree of security for your Personal Data. Each transfer of data outside the EEA, such as to Israel where our offices are based, will be subjected to the Commission Implementing Decision (EU) 2021/915 given on 4 June 2021 (hereinafter: "SCC" and/or "Standard Contractual Clauses").
16. If You Are a California Resident
This section applies to California residents and outlines your rights and choices with respect to Gamoshi processing of your Personal Data under the CPRA.
To learn more about the Personal Data we collect, including the specific Personal Data categories collected, sources of collection, our purposes for collection, and the categories of service providers with whom we share Personal Data, please see the headlines above.
We do not sell Personal Data for business or commercial purposes. We may disclose aggregated information to a third party for a business purpose, including our Affiliated Companies. When we do so, 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.
The CPRA grants California consumers specific rights in connection with the Personal Data collected by businesses, as described below:
Right to Know: You have the right to know the categories and specific pieces of Personal Data we have collected about you in the previous 12 months, including the categories of Personal Data, the categories of sources from which the Personal Data is collected, the business or commercial purpose for collecting, selling, or sharing personal information, the categories of third parties to whom the business discloses Personal Data, and the specific pieces of Personal Data the business has collected about the consumer.
Right to correct inaccurate data: You may request Gamoshi to rectify inaccurate personal information that we maintain about you.
Right to Deletion: You have the right to request that we delete any Personal Data we have collected about you.
Right to Request Information: You have the right to request information about our collection, sale, and disclosure of your Personal Data from the previous 12 months.
Right to Opt-out of the Sale of Personal Data: You have the right to opt out of the sale of Personal Data we have collected about you. As of the date of this Policy, we do not sell the Personal Data we have collected about you.
Right to Non-Discrimination: You have the right not to receive discriminatory treatment for exercising your CCPA CPRA rights. We will not treat you differently for exercising any of the above rights.
Exercising Your Rights
To exercise any of the CPRA rights above, don't hesitate to contact us by emailing [email protected].We will fulfill your request within 45 days of receiving your request. Some of these rights may be subject to limitations and qualifications, such as where fulfilling the request would conflict with federal, state, or local law, regulatory inquiries, subpoenas, or our ability to defend against legal claims. We will verify your request using your email address. If you've created an account with us, we will also verify your request using the information associated with your account, including billing information.
Note that we cannot respond to your request if we cannot verify your identity and confirm the Personal Data related to you. Making a verifiable consumer request does not require you to create an account with us. If you wish to use an authorized agent to submit a request to opt out on your behalf, you must provide the authorized agent with written permission signed by you. We may deny a request from an authorized agent if the agent cannot provide us your signed authorization demonstrating that they have been authorized to act on your behalf.