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Terms of Use and Privacy Policy

 

Terms of Use

Welcome to https://www.ion-am.com (together with its subdomains, Content, Marks and services, the “Site”).  Please read the following Terms of Use carefully before using this Site so that you are aware of your legal rights and obligations with respect to Ion Asset Management (Israel) Ltd. and their subsidiaries and affiliates ("ION", "we", "our" or "us"). By accessing or using the Site, you expressly acknowledge and agree that you are entering a legal agreement with us and have understood and agree to comply with, and be legally bound by, these Terms of Use, together with the Privacy Policy (the "Terms"). You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law.  If you do not agree to be bound by these Terms please do not access or use the Site.  

  1. Background.  The Site is intended to provide information about ION and its activities.

  2. Modification.  We reserve the right, at our discretion, to change these Terms at any time.  Such change will be effective ten (10) days following posting of the revised Terms on the Site, and your continued use of the Site thereafter means that you accept those changes.

  3. Site Access; Ability to Accept Terms.  For such time as these Terms are in effect, we hereby grant you permission to visit and use the Site provided that you comply with these Terms and applicable law. Furthermore, the Site is only intended for individuals aged eighteen (18) years or older.  If you are under eighteen (18) years please do not visit or use the Site.

  4. Restrictions.  You shall not: (i) copy, distribute or modify any part of the Site without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein; (iii) disrupt servers or networks connected to the Site; (iv) use or launch any automated system (including without limitation, "robots" and "spiders") to access the Site; and/or (v) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site. 

  5. Account.  In order to use some of the services of the Site, such as the investor portal you may have to create an account ("Account").  You agree not to create an Account for anyone else or use the account of another without their permission.  When creating your Account, you must provide accurate and complete information.  You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure.  You must notify ION immediately of any breach of security or unauthorized use of your Account.  As between you and ION, you are solely responsible and liable for the activity that occurs in connection with your Account.  If you wish to delete your Account you may send an email request to ION at privacy@ion-am.com. 

  6. Intellectual Property Rights. 

    1. Content and Marks.  The (i) content on the Site, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the "Materials"), (ii) and User Submissions, as defined below (together with the Materials, the "Content"), and (iii) the trademarks, service marks and logos contained therein ("Marks"), are the property of ION and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties.  “ION”, the ION logo, and other marks are Marks of ION or its affiliates.  All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners.  We reserve all rights not expressly granted in and to the Site and the Content. 

    2. Use of Content.  Content on the Site is provided to you for your information and personal use only  and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent.  If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein.

  7. Information Description.  We attempt to be as accurate as possible.  However, we cannot and do not warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free.  We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content.  Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.

  8. Links. 

    1. The Site may contain links, and may enable you to post content, to third party websites that are not owned or controlled by ION. We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of, any third party websites. We encourage you to read the terms and conditions and privacy policy of each third party website that you may choose to visit.

    2. ION permits you to link to the Site provided that: (i) you link to but do not replicate any page on this Site; (ii) the hyperlink text shall accurately describe the Content as it appears on the Site; (iii) you shall not misrepresent your relationship with ION or present any false information about ION and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent; (iv) you shall not link from a website ("Third Party Website") which prohibites linking to third parties; (v) such Third party Website does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or (vi) you, and your website, comply with these Terms and applicable law.

  9. Privacy.  We will use any personal information that we may collect or obtain in connection with the Site in accordance with our privacy policy which is available at https://www.ion-am.com/privacy-policy.  You agree that we may use personal information that you provide or make available to us in accordance with the Privacy Policy.

  10. Information for investors. If you are an existing investor and have provided business information or personal information to us, we will add you to our web portal for investors whereby you may receive certain information regarding your investments with us (the “Investor Portal”). Please note that we work with service providers who assist us with the provision of the Investor Portal, and those service providers may also be exposed to your Personal Information. By using the Invetor Portal, or engaging with any other related initiatives offered by us, to the maximum extent permitted by law, you consent to the transfer of your Personal Information to such service providers. In such a case, we will use your Personal Information in accordance with its Privacy Policy. Any information that you receive through the Investor Portal and any other related initiatives shall be deemed “confidential information” and you shall treat it in accordance with the applicable agreement executed with us.

  11. Warranty Disclaimers.

    1. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply. 

    2. THE SITE, INVESTOR PORTAL, AND ANY INFORMATION PROVIDED THEREIN IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.  ION HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. ION DOES NOT GUARANTEE THAT THE SITE OR INVESTOR PORTAL WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SITE AND/OR INVESTOR PORTAL MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT ION WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR THIRD PARTY SERVERS.       

    3. EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, ION DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SITE.

  12. Limitation of Liability.  

    1. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ION SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF ION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

    2. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ION FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO ION FOR USING THE SITE DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM. 

  13. Indemnity.  You agree to defend, indemnify and hold harmless ION and our affiliates, and our 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: (i) your use of, or inability to use, the Site or Investor Portal; or (ii) your violation of these Terms.

  14. Term and Termination.  These Terms are effective until terminated by ION or you.  ION, in its sole discretion, has the right to terminate these Terms and/or your access to the Site, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms).  ION shall not be liable to you or any third party for termination of the Site, or any part thereof.  If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site.  Upon termination of these Terms, you shall cease all use of the Site.  This Section ‎14 and Sections ‎6 (Intellectual Property Rights), ‎9 (Privacy), ‎10 (Warranty Disclaimers), ‎12 (Limitation of Liability), ‎13 (Indemnity), and ‎15 (Independent Contractors) to ‎18 (General) shall survive termination of these Terms.

  15. Independent Contractors.  You and ION are independent contractors.  Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and ION.  You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of ION.

  16. Assignment.  These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by ION without restriction or notification to you. Any prohibited assignment shall be null and void.

  17. Governing Law.  ION reserves the right to discontinue or modify any aspect of the Site at any time. These Terms and the relationship between you and ION shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its principles of conflict of laws.  

  18. General. These Terms shall constitute the entire agreement between you and ION concerning the Site.  If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.  No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.  YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.  OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Last updated:  July 18, 2021

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Privacy Policy

This is the privacy policy (“Privacy Policy”) that governs how we, Ion Asset Management (Israel) Ltd. and their subsidiaries and affiliates (collectively, "ION", "we", or "us"), use Personal Information (defined below) that we collect, receive and store about individuals in connection with the use of the website https://www.ion-am.com, and any other website that we operate (each, together with its sub-domains, content and services, the “Site”).

We do not host any of the services made available on the Site ourselves – all hosting is done by third party service providers that we engage. This means that data you provide us or that we collect from you (including any Personal Information, as defined below) – as further described in this Privacy Policy – is hosted with such third party service providers on servers that they own or control. Regardless of where such third party service providers are located (and some are located in the US), their servers may be located anywhere in the world (including the US). Your data may even be replicated across multiple servers located in multiple countries. So please be aware that you are consenting to your data being transferred to various third party service providers around the world (including the US).   

 

  1. Introduction. We have implemented this Privacy Policy because your privacy, and the privacy of other users, is important to us. This Privacy Policy explains our online information practices and the choices you can make about the way your Personal Information is collected and used in connection with the Site. “Personal Information” means any information that may be used, either alone or in combination with other information, to personally identify an individual, including, but not limited to, a first and last name, a personal profile, an email address, a home or other physical address, or other contact information.

  2. Consent and Modification.  You are not legally obligated to provide us Personal Information, and you hereby confirm that providing us Personal Information is at your own free will. By using the Site, you consent to the terms of this Privacy Policy and to our collection, processing and sharing of Personal Information for the purposes set forth herein. If you do not agree to this Privacy Policy, please do not access or otherwise use the Site. We reserve the right, at our discretion, to change this Privacy Policy at any time. Such change will be effective ten (10) days following posting of the revised Privacy Policy on the Site, and your continued use of the Site thereafter means that you accept those changes.

  3. Terms of Use. This Privacy Policy is a part of our Terms of Use which is available above (“Terms”). Any capitalized but undefined term in this Privacy Policy shall have the meaning given to it in the Terms.

  4. What Personal Information We Collect and How We Collect It. We do not currently require you to provide Personal Information in order to have access to general information available on the Site. But, we do receive and/or collect Personal Information from you in the following ways:

    •  ‘Contact Us’ Information; If you send us a “Contact Us” request, whether by submitting an online form that we make available or by sending an email to an email address that we display, or if you contact us by calling the phone number that we display, you will be required to provide us with certain Personal Information such as your name, email address and phone number.

    • Applying for a Position with Us. If you apply for one of the open positions made available on the Site, for example by clicking the “Submit your Resume” tab on the “Career” page on the Site, you will you will be required to provide us with certain Personal Information, such as your name, email address and phone number, as well as your resume and any Personal Information included therein.

    • When you are an existing or potential portfolio company and provide us with Personal Information. If you are one of our existing or potential portfolio companies, you may send us basic contact information (including, names, surnames, job titles and benefits, email addresses and phone numbers) as well as documents and presentations related to the topic you would like to discuss with us, as well as other information which include Personal Information. 

    • When you are an existing or potential investor. If you are an existing or potential investor, we shall collect certain Personal Information such as your name, company name, email address, personal profile, home or other physical address, telephone number, tax status/forms, bank account details or other contact and/or financial information for the purpose of your admission to any of our funds, maintaining our communication and business relations with you, providing our services to you, entering and/or performing any contractual rights and obligations under any agreement with you/our organizational and operational documents or any other transaction that you are doing with us. We may ask you to complete questionnaires and/or other kinds of forms and any other information that you decide to provide us.

    • Log Files. We may make use of log files. The information inside the log files includes internet protocol (IP) addresses, type of browser, Internet Service Provider (ISP), date/time stamp, referring/exit pages, clicked pages and any other information your browser may send to us. We may use such information to analyze trends, administer the Site, track users’ movement around the Site, and gather demographic information.

    • Cookies and Other Tracking Technologies. Our Site may utilize “cookies”, anonymous identifiers and other tracking technologies in order to for us to provide our Site and present you with information that is customized for you. A “cookie” is a small text file that may be used, for example, to collect information about your activity on the Site. Certain cookies and other technologies may serve to recall Personal Information, such as an IP address, previously indicated by a user. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser.

    • Google Analytics.  The Site may use a tool called “Google Analytics” to collect information about use of the Service. Google Analytics collects information such as how often users visit the Service, what pages they visit when they do so, and what other sites they used prior to coming to the Service. We use the information we get from Google Analytics to maintain and improve the Service and our products. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Google’s ability to use and share information collected by Google Analytics about your visits to and use of the Service is restricted by the Google Analytics Terms of Service, available at http://www.google.com/analytics/terms/us.html/, and the Google Privacy & Terms, available at ttp://www.google.com/policies/privacy/. You may learn more about how Google collects and processes data specifically in connection with Google Analytics at http://www.google.com/policies/privacy/partners/. You may prevent your data from being used by Google Analytics by downloading and installing the Google Analytics Opt-out Browser Add-on, available at https://tools.google.com/dlpage/gaoptout/.

  5. The Way We Use Personal Information. If you submit or we collect Personal Information through the Site, then we may use such Personal Information in the following ways, via any applicable communication channel, including e-mail, SMS, etc.:

    • Compliance with any applicable law, regulation, legal process or governmental request including anti-money laundering and fraud prevention and compliance with applicable tax and regulatory reporting obligations;

    • Compliance with our operational and organizational documents;

    • Performing our day-to-day operational and business purposes including internal data analysis, risk management, training, record keeping, obtaining legal advice and internal compliance and policies;

    • Providing you with information about us or any related services that might be of interest;

    • To provide and improve our Site.

    • To send you marketing/advertisement communications that we believe may be of interest to you.

    • To contact you in connection with a position you applied for.

    • To identify and authenticate your access to the parts of the Site that you are authorized to access (if any).

    • We may use your designated email address to: (i) send you updates or news regarding the Site and our products; and/or (ii) respond to a “Contact Us” or administrative request.

  6. The Way We Share Personal Information. While we generally do not disclose your Personal Information, we may however:

    • We may transfer your Personal Information to our local or foreign subsidiaries or affiliated companies and funds for the purpose of storing or processing such information on our behalf. Such information may be transferred to other countries. We require that these parties agree to process such information in compliance with our Privacy Policy.

    • We may share your Personal Information with our third party service providers and partners, but only to assist us with the internal operations of our Site, business, operations and services (including technical and maintenance support, development, hosting, and processing information on our behalf), and to comply with applicable law, regulation, legal processes or governmental requests, as well as to comply with ION’s agreements with its service providers in connection with such legal requirements, and to complete our business transactions. We use commercially reasonable efforts to only engage or interact with third party service providers and partners that post a privacy policy governing their processing of Personal Information.

    • We may disclose your Personal Information or any information you submitted via the Site if we have a good faith belief that disclosure of such information is helpful or reasonably necessary to: (i) comply with any applicable law, regulation, legal process or governmental request; (ii) detect, prevent, or otherwise address fraud or security issues; or (iii) protect against harm to the rights, property or safety of ION, our users, yourself or the public.

  7. Use of Anonymous Information. We may use Anonymous Information (as defined below) or disclose it to third party service providers in order to improve our Site and enhance your experience with the Site. We may also disclose Anonymous Information (with or without compensation) to third parties, including advertisers and partners. “Anonymous Information” means information which does not enable identification of an individual user, such as aggregated information about the use of our Site.

  8. Opting Out. You may choose not to receive future promotional, advertising, or other Site-related emails from us by selecting an unsubscribe link at the bottom of each email that we send. Please note that even if you opt out of receiving the foregoing emails, we may still send you a response to any “Contact Us” request as well as administrative emails (for example, in connection with a password reset request) that are necessary to facilitate your use of the Site.

  9. Choice. At all times, you may choose whether or not to provide or disclose Personal Information. If you choose not to provide mandatory Personal Information, you may still visit parts of the Site but you may be unable to access certain options, programs, offers, and services that involve our interaction with you.

  10. Access/Accuracy. To the extent that you do provide us with Personal Information, we wish to maintain accurate Personal Information. If you would like to delete or correct any of your other Personal Information that we may be storing, you may use the tools that we make available on the Site or you may submit an access request by sending an email to privacy@ion-am.com. Your email should include adequate details of your request.

  11. Links to and Interaction with Third Party Products. The Site may enable you to interact with or contain links to your Third Party Account and other third party websites, mobile software applications and services that are not owned or controlled by us (each a “Third Party Service”). We are not responsible for the privacy practices or the content of such Third Party Services. Please be aware that Third Party Services may collect Personal Information from you. Accordingly, we encourage you to read the terms and conditions and privacy policy of each Third Party Service that you choose to use or interact with.

  12. Children’s Privacy. The Site is not structured to attract children under the age of 18 years. Accordingly, we do not intend to collect Personal Information from anyone we know to be under 18. If we learn that we have collected Personal Information from a child under 18 years, we will delete that information as quickly as possible. If you believe that we might have any such information, please contact us at privacy@ion-am.com.

  13. Security. The security of Personal Information is important to us. We follow generally accepted industry standards, including the use of appropriate administrative, physical and technical safeguards, to protect the Personal Information submitted to us. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use reasonable acceptable means to protect your Personal Information, we cannot guarantee its absolute security or confidentiality. If you have any questions about security on the Service, you can contact us at privacy@ion-am.com.

  14. Merger, Sale or Bankruptcy. In the event that we are acquired by or merged with a third party entity, or in the event of bankruptcy or a comparable event, we reserve the right to transfer or assign Personal Information in connection with the foregoing events.

  15. Our Do Not Track Notice. We do not track consumers over time and across third party websites and therefore do not respond to Do Not Track signals. We do not allow third parties to collect personally identifiable information about an individual consumer’s online activities over time and across different web sites when a consumer uses the Site.

  16. Commitment. We are committed to protecting your privacy. Protecting your privacy online is an evolving area, and we are constantly evolving our Service to meet these demands. If you have any comments or questions regarding our Privacy Policy, or your Personal Information that we may be storing and using, please contact us at privacy@ion-am.com.

Last updated: March 23, 2023  

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