Privacy Policy

FLYMINGO PRIVACY POLICY (“PRIVACY POLICY”)

IMPORTANT: BY USING FLYMINGO INNOVATIONS LTD.’S (“COMPANY” OR “WE“) DATA, PHOTO AND VIDEO ANALYSIS SERVICES FOR LOGISTIC SITES (COLLECTIVELY, THE “SERVICES“), YOU (“YOU“) ACKNOWLEDGE  THAT ALL PII (DEFINED BELOW) THAT YOU SUBMIT OR THAT IS PROCESSED OR COLLECTED THROUGH OR IN CONNECTION WITH THE SERVICES PROVIDED TO YOU WILL BE PROCESSED BY THE COMPANY AND ITS AFFILIATES IN THE MANNER AND FOR THE PURPOSES DESCRIBED IN THE FOLLOWING PRIVACY POLICY.

For the purposes of the EU General Data Protection Regulation and the UK Data Protection Law 2018 (together the “GDPR”), as well as other applicable privacy laws, Company is a controller of the PII it processes in relation to its customers’ vendors, service providers and business representatives. When Company processes PII on behalf of its customers (such as data regarding customers’ authorized Company platform users or customers’ logistic sites’ staff), Company is a data processor under the GDPR, to the extent applicable. In that case, Company’s customer will be a data controller under the GDPR, and will be responsible to obtain the data subject’s consent or establish any other applicable lawful basis for processing and to ensure that data subjects can exercise their rights set forth in Section 9 below.  

YOU OR YOUR DATA SUBJECTS ARE NOT LEGALLY REQUIRED TO PROVIDE US WITH PII, HOWEVER, USE OF THE SERVICES REQUIRES THAT YOU PROVIDE PII. IF YOU CHOOSE TO WITHHOLD ANY PII REQUIRED IN RESPECT THEREOF, IT WILL NOT BE POSSIBLE FOR YOU TO USE THE SERVICES. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN PLEASE DO NOT USE THE SERVICES.

PII” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

We recognize that privacy is important. This Privacy Policy applies to all of the services, information, tools, features and functionality available as part of the Services offered by the Company or its subsidiaries or affiliated companies and covers how PII that the Company collects and receives, including in respect of the Services, is treated. If you have any questions about this Privacy Policy, please feel free to contact us at: privacy@flymingo.com.

  1. Information We Collect and How We Use It.

In order to provide and operate our Services and provide services in connection therewith, we collect and process PII, including the following types of information:

  1.  

 In order to collect the data described herein we use temporary cookies that remain on your browser for a limited period of time. We also use persistent cookies that remain on your browser until the Company’s Services are removed, in order to manage and maintain the Services and record your use of the Services. Cookies by themselves cannot be used to discover the identity of the user. A cookie is a small piece of information which is sent to and stored on your browser. Cookies do not damage your browser. Most browsers allow you to block cookies but you may not be able to use some features on the Services if you block them. You may set most browsers to notify you if you receive a cookie (this enables you to decide if you want to accept it or not). We also use web beacons via the Services to collect information. Web beacons or “gifs”, are electronic images that are used in our Services or in our emails. We use Web beacons to deliver cookies, count visits and to tell if an email has been opened and acted upon.

  1. Links to other services, sites and applications are provided by the Company as a convenience to our users. The Company is not responsible for the privacy practices or the content of other sites and applications and you visit them at your own risk. This Privacy Policy applies solely to PII collected by us.
  2. If any of your data subjects (e.g. employees or customers) are minors under the age of 18, you must obtain parental consent prior to using our Services. The Company will not knowingly contact or engage with children under the age of 18 without said parental consent. If you have reason to believe that a child has provided us with their PII, please contact us at the address given above and we will endeavor to delete that PII from our databases.
  3. Information Sharing.

As part of providing the Services our affiliates, agents, representatives and service providers will have access to your PII. We require these parties to process such information in compliance with this Privacy Policy and subject to security and other appropriate confidentiality safeguards.  The Company will also share PII in the following circumstances: (a) as required for providing the Services (e.g. sharing all information with the a third party designated by you, our customer); (b) for maintenance and improvement of the Services; (c) if we become involved in a reorganization, merger, consolidation, acquisition, or any form of sale of some or all of our assets, with any type of entity, whether public, private, foreign or local; and/or (d) to satisfy applicable law or prevention of fraud or harm or to enforce applicable agreements and/or their terms, including investigation of potential violations thereof.

  1. Data Security. We follow generally accepted industry standards to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of PII. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your PII, we cannot guarantee its absolute security. We retain your PII only for as long as reasonably necessary for the purposes for which it was collected or to comply with any applicable legal or ethical reporting or document retention requirements.
  2. Data Retention.
    • Company will retain PII in accordance with its record retention policy. PII associated with our customers and business partners, will be retained for seventy two (72) hours during our engagement, and a period of three months thereafter. Company performs periodic reviews of our databases, and have established specific time limits for data retention, based on the criticality of the PII and the purposes of the data processing. We will also retain PII to meet any audit, compliance and business best-practices.
    • PII with respect to which Company is the processor will be deleted only on instruction of the controller, except where such data must be retained by us, in our judgment, as above.
    • PII that is no longer retained will be anonymized or deleted. Non-personal, non-identifiable, metadata and statistical information concerning the use of our Services are retained by Company indefinitely. Some PII may also be retained on our third-party service providers’ servers until deleted in accordance with their privacy policy and the ir retention policy.
  3. Data Integrity. The Company processes PII only for the purposes for which it was collected and in accordance with this Privacy Policy or any applicable service agreements. We review our data collection, storage and processing practices to ensure that we only collect, store and process the PII needed to provide or improve our Services. We take reasonable steps to ensure that the PII we process is accurate, complete, and current, but we depend on our users to update or correct their PII whenever necessary. Nothing in this Privacy Policy is interpreted as an obligation to store information, and we may, at our own discretion, delete or avoid from recording and storing any and all information.
  4. Rights of Data Subjects.

Subject to certain exemptions or derogations, the following rights may apply to certain individuals (some of which only apply to individuals protected by the GDPR or other applicable data protection laws):

Data subjects whose data we control (our customers’ business representatives) may exercise the above rights by sending a request to privacy@flymingo.com.

  1. The Company regularly reviews its compliance with this Privacy Policy. Please feel free to direct any questions or concerns regarding this Privacy Policy or our treatment of PII by contacting us as provided above. When we receive formal written complaints it is the Company’s policy to contact the complaining user regarding his or her concerns. However, as described above, some communications will be subject to our customers’ instructions, as the data controllers. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of PII that cannot be resolved between the Company and an individual.
  2. Changes to This Privacy Policy. The Company may update this Privacy Policy. We will notify you about significant changes in the way we treat PII by sending a notice to the email address provided by you or by placing a prominent notice on the Services. We encourage you to periodically review this Privacy Policy for the latest information about our privacy practices. Our customers and business partners will be notified of such changes and are responsible to inform their data subjects.
  3. Legal Justification For Processing.

By submitting your PII through the Services, you acknowledge that we will collect, use, transfer, and disclose your PII as described in this Privacy Policy.

When Company processes PII on behalf of its customers, Company is a data processor. In that case, Company’s customer will be a data controller, and will be responsible to obtain the data subject’s consent or establish any other applicable lawful basis for processing and we rely on our contractual relationship with the controller.

We will use the PII we process as controllers to provide our Services to our customers and meet our contractual and legal obligations. We make commercially reasonable effort to ensure that all PII is processed for the stated purposes of processing, including without limitaion:

Processing which is necessary for the performance of a contract to which you are a party:

Processing which is necessary for the purposes of the legitimate interests pursued by Company or by a third party of providing an efficient and wide-ranging service to our customers:

Processing which is necessary for compliance with a legal obligation to which Company is subject or for exercising and defending legal claims:

  1. International Data Transfers. The server on which the Services are hosted and/or through which the Services are processed may be outside the country from which you access the Services and may be outside your country of residence. Some of the uses and disclosures mentioned in this Privacy Policy involve the transfer of your PII to various countries around the world that may have different levels of privacy protection than your country and will be transferred outside of the European Economic Area. . If there is a transfer of your PII outside the EEA we will, in the absence of an EC Adequacy decision relevant to the destination country or to the transfer, seek to rely on appropriate safeguards such as entering into appropriate EC approved standard contractual clauses (see https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32021D0914&from=EN ). Likewise, transfers from the UK to non-adequate countries rely on appropriate safeguards such as entering into the UK’s International Data Transfer Addendum to the EU Commission Standard Contractual Clauses.
  2. Questions. If you have any questions about this Privacy Policy or concerns about the way we process your PII, please contact our appointed data protection officer at privacy@flymingo.com.

Last Date Updated: August 2023