Privacy Policy

BlackSwan Technologies, Inc. (d. b. a. “BST LABS”) (” BlackSwan” , ” we“, ” our” or ” us“) respects the privacy of the users (” User” or ” you“) of its website located at the address https://blackswantechnologies.ai/ (” Site“) and of any services it makes available to User through the Site including its proprietary Cloud AI Operating System (respectively, the ” Solution Services,” and the ” Solution” or ” ELEMENT“). We are committed to protect the personal information of our Users or otherwise that our Users share with us. We believe that you have a right to know our practices regarding the information we may collect and process pursuant to your use of the Site, the Solution and/or the Solution Services .

Capitalized terms which are not defined herein, shall have the meaning ascribed to them in our Terms of Use located at www.https://blackswantechnologies.ai/terms-of-use, which this Privacy Policy is incorporated thereto by reference (the ” ToU“).

1. Scope and Applicability

Unless otherwise agreed between you and BlackSwan, this Privacy Policy (the ” Privacy Policy“) applies in connection with your use of the Site, the Solution and the Solution Services.

This Privacy Policy does not apply to any use of the Solution or the Solution Services that is governed by a separate paid agreement between you and ELEMENT (an ” ESA“) unless otherwise stated in the ESA.

2. Your Consent (PLEASE READ CAREFULLY!)

BY ACCESSING THE SITE, THE SOLUTION OR SOLUTION SERVICES AND/OR USING THE SITE, THE SOLUTION OR SOLUTION SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS PRIVACY POLICY (THE ” PRIVACY POLICY“), INCLUDING TO THE COLLECTION AND PROCESSING OF YOUR PERSONAL INFORMATION (AS DEFINED BELOW). IF YOU DISAGREE TO ANY TERM PROVIDED HEREIN, YOU MAY NOT USE THE SITE.

Please note you are not obligated by law to provide us with any Personal Information (as defined below). You hereby acknowledge and agree that you are providing us with Personal Information at your own free will. You hereby agree that we may collect and use such Personal Information pursuant to this Privacy Policy and any applicable laws and regulations.

3. Which information we may collect on our Users?

1. First – What is personal information?

Personal information is individually identifiable information, namely information that identifies an individual or may with reasonable efforts or together with additional information we have access to, enable the identification of an individual, or may be of private or sensitive nature information relating to an identified or identifiable natural person. Identification of an individual also includes association of such individual with a persistent identifier such as a name, an identification number, persistent cookie identifier etc.

Personal information does not include information that has been anonymized or aggregated so that it can no longer be used to identify a specific natural person.

1. We collect personal information from you when you use or interact with our Services

We collect personal information from you and any devices you use, when you: use or access our Site or use our Solution or Solution Services and when you provide us information on web forms, or through correspondence you and we conduct with each other.

More specifically we collect and use the following categories and types of information:

1. Personal information you actively provide us when you use our Site or Services

Generally, this category refers to any information, data or content you actively and voluntarily create or provide through our Site or Solution Services:

• Information such as your first and last name, email, physical address, telephone number that you may provide us when you register to the Solution Services, contact us for information or register to receive periodic information from us.
• Other personal information you submit or actively provide in the scope of your use of the Site or the Solution Services.

1. Personal information we collect automatically when you use the Site or Services

We collect certain information automatically gathered as a result of your use of or access to the Site, Solution or Solution Services, such as:

• technical information with respect to the devices and software you use to access our Site, the Solution or Solution Services such as screen size, operating system, type of end user device, etc.
• behavioral information with respect to your use of the Site, the Solution or Solution Services, such as click stream, and logged actions.
• Information concerning your browsing activity on, to or from our Site, such as http referral, IP, page visits, etc.

We perform such automatic collection through use of cookies, SDKs, unique identifiers, and similar technologies, including through third parties we engage with, which allow us to collect information about the pages and screens you view, the links you click, and other actions you take when using our Solution Services and Site.

1. Personal information collected from other sources

We may also collect personal information concerning you, from third parties who have assured us that they have obtained your consent for such provision of information. For example, we may collect and use additional contact information, credit fraud information, as allowed by applicable national laws.

• For avoidance of doubt, any Non-Personal Information connected or linked to any Personal Information shall be deemed as Personal Information, as long as such connection or linkage exists.
• We do not collect any Personal Information from you or related to you without your approval, which is obtained, _ inter alia _ , through your active acceptance of the Terms of Use and this Privacy Policy.
• TO THE EXTENT THAT YOU PROVIDE US WITH ANY PERSONAL INFORMATION RELATED TO ANY THIRD PARTY OR ANY OTHER PERSON OR ENTITY WHICH IS NOT YOU, INCLUDING TO ANY OF YOUR PERSONNEL OR CUSTOMERS, YOU ARE SOLELY RESPONSIBLE TO RECEIVE AND HEREBY REPRESENT THAT YOU HAVE AND UNDERTAKE THAT YOU SHALL HAVE AT ALL TIMES, MAINTAINED AND RECEIVED, THE CONSENT, AUTHORITY, PERMISSION AND APPROVAL OF SUCH PERSONS AND PROVIDED THEM WITH SUFFICIENT DISCLOSURES, TO ALLOW BLACKSWAN TO ACCESS, STORE, COLLECT, ANALYZE AND PROCESS SUCH PERSONAL INFORMATION AS DETAILED HEREIN
  

4. Storing, Transfer and Retention of Users’ Personal Information

Information regarding the Users will be maintained, processed and stored by us and our authorized affiliates and service providers in the EU-west region of AWS’ services and in Israel.

While the data protection laws in the above jurisdictions may be different than the laws of your residence or location, please know that we, our affiliates, and our service providers that store or process your personal information on our behalf are each committed to keep it protected and secured, pursuant to this Privacy Policy and industry standards, regardless of any lesser legal requirements that may apply in their jurisdiction.

Specifically, each of our Service Providers (as defined below) which store or process your Personal Information either: (i) assured us that they provide adequate safeguards to protect your rights to privacy; (ii) where applicable, hold and process such information on our behalf in jurisdictions which have been determined to ensure an adequate level protection by the EU Commission; (iii) perform such processing pursuant to your consent and acceptance of their privacy policy as further detailed in this Privacy Policy.

By providing your information, you expressly consent to the place of storage and transfer described above, including transfers outside of the jurisdiction in which the information was provided.

We retain the personal information we collect only for as long as needed in order to provide you with use of our Site and the Solution Services in accordance with the terms of this Privacy Policy and to comply with applicable laws and regulations or otherwise as required for us to protect against claims by Users for the relevant statutory of limitations period. We then either delete from our systems or anonymize it without further notice to you. Notwithstanding the aforementioned, unless you notify us of your request to delete your Site account data, we may maintain your inactive Site and Solution Services account, including all data and reports therein, for a limited period, in order to allow you to reactivate the Site account if you choose to renew your activity at a later stage.

5. What are the Purposes of the Collection of Information?

We may use the Personal Information that we collect about you only if and as stated below:

• To provide and improve our Site Solution and Solution Services and manage our business;
• In order to anonymize it and then after it has been anonymized and cannot be used to identify you, use it for improvement and management of our business, Solution, Services and general offerings;
• Provide our Users with a better user experience.
• Be able to contact Users who requested such contact to be made, for the purpose of providing them with further information on BlackSwan and its services;
• Be able to provide the Users updates about our developments.
• To prevent, detect, mitigate, and investigate fraud, security breaches or other potentially prohibited or illegal activities;
• To comply with any applicable rule or regulation and/or response or defend against legal proceedings versus us or our affiliates.
• To be able to send User’s newsletters and information in connection with the Solution Services;
• To market our Solution Services to Users or potential Users, and to be able to track and evaluate our marketing activities and their results.
• To act upon and comply with requests you may make pursuant to this Privacy Policy and the privacy laws that apply to you.

Important – we will not use any Submitted Data (as defined in the TOU) including without limitation any raw data and data sets you make available to us, i.e. the data and information you use to test and run your programs on BlackSwan except if and as required for providing you with our Solution Services.

6. Lawful Grounds for Collecting Information on our Users

We collect and process your information for the purposes described in this Privacy Policy, based at least on one of the following legal grounds:

• Performance of a contract : Your information may be processed on the basis that such processing is necessary in order to perform the Solution Services in accordance with the ToU or other agreement entered into between BlackSwan and you (where such agreement makes a reference to this privacy policy). This may include, for example, processing your payment information in order to affect a payment or collecting your email for the purpose of registering you to the Solution Services.
• Legitimate interests : We process your information for our legitimate interests while applying appropriate safeguards that protect your privacy. This means that we process your information for things like detecting, preventing, or otherwise addressing fraud, abuse, security, usability, functionality or technical issues with our services, protecting against harm to the rights, property or safety of our properties, or our users, or the public as required or permitted by law; Enforcing legal claims, including investigation of potential violations of this Privacy Policy; in order to comply and/or fulfil our obligation under applicable laws, regulation, guidelines, industry standards and contractual requirements, legal process, subpoena or governmental request, as well as our ToU.
• With your consent : We ask for your agreement to process your information for specific purposes and you have the right to withdraw your consent at any time. For example, we ask for your consent to send you newsletters or provide you with personalized content and ads through the use of cookies;

7. Sharing Information with Third Parties.

1. Law enforcement, legal proceedings, and as authorized by law: We may disclose personal information to satisfy any applicable law, regulation, legal process, subpoena or governmental request;
2. Protecting Rights and Safety: We may share personal information to enforce this Privacy Policy and/or the TOU, including investigation of potential violations thereof; to detect, prevent, or otherwise address fraud, security or technical issues; to respond to claims that any content available on the Site violates the rights of third-parties; to respond to claims that contact information (e.g. name, e-mail address, etc.) of a third-party has been posted or transmitted without their consent or as a form of harassment; and to protect the rights, property, or personal safety of BlackSwan, any of its Users, or the general public;
3. Our Affiliated Companies : We may share personal information internally with our family of companies for the purposes described in this Privacy Policy. In addition, when BlackSwan or any of our affiliated companies is undergoing any change in control, including by means of merger, acquisition or purchase of all or substantially all of its assets, we may share personal information with the parties involved in such event under strict confidentiality and non-use terms. If we believe that such change in control might materially affect your personal information then stored with us, we will notify you of this event and the choices you may have via e-mail and/or prominent notice on our Site;
4. Third Party Services : We partner with certain third parties to provide selected services that are used to facilitate and enhance the Site, the Solution Services, the Solution and your use thereof (” Service Providers“). Such Service Providers may have access to, or process on our behalf personal information which we collect, hold, use, analyze, process and/or manage. These Service Providers include hosting, database and server co-location services (e.g. Amazon Web Services, Microsoft Azure and Google Cloud Platform), and our business, legal and financial advisors. We remain responsible for any personal information processing done by Service Provider on our behalf, except for events outside of our and/or their reasonable control, and except with respect to Service Providers with which you are contractually engaged, either through a prior separate contractual engagement and/or through acceptance of their privacy policy and terms of use if such are referenced under section ‎12 below.

For avoidance of doubt, subject to the ToU and the terms of this Policy, BlackSwan may transfer and disclose to third parties, or otherwise use, Non-personal Information at its own discretion.

8. Updating, Obtaining a copy of, or Deleting of Personal Information 

If for any reason you wish to exercise any rights to which you are entitled, under the law applicable to you, such as correction, deletion, access to and notification of the types of your personal information processed by us or on our behalf, or delete your Site/Solution Services’ account data, you may do so by contacting BlackSwan support at privacy@blackswan-technologies.com. 

When handling these requests, we may ask for additional information to confirm your identity and your request.

Subject to limitations pursuant to applicable law and if entitled to the same thereunder, if you wish to exercise your right to access your personal information, you may be able to obtain the personal information you directly provided us (excluding data we obtained from other sources) in a structured, commonly used, and machine-readable format and may have the right to transmit such data to another party. We may provide such access through the Site.

Please note, that upon request to delete your personal information, we will delete any such personal information pursuant to any applicable privacy laws or otherwise, we may de-identify any such personal information and thereby transform it to become non-personal information. We may retain such data in whole or in part to comply with any applicable rule or regulation and/or to respond or defend against legal proceedings versus us or our affiliates.

To find out whether these rights apply to you and on any other privacy related matter, you can contact your local data protection authority if you have concerns regarding your rights under local law.

9. Minors

To open a Site/Solution Services account, use our Site or Solution Services, and accept the terms of this Privacy Policy and ToU, you must be over the age of eighteen (18). Without relieving you of your responsibility to comply with the TOU and the terms hereof we reserve the right (without obligation) to request proof of age at any stage so that we can verify that minors under the age of eighteen (18) are not using our Site/Solution Service without their parent or legal guardian consent.

If You have added and listed a User under the age of 18 you hereby declare to BlackSwan that You are the parent or legal guardian of such User with sufficient rights to do so.

In the event that it comes to our knowledge that a person under the age of eighteen (18) is using our Site, not in accordance with the above mentioned terms, we will use our best efforts to prohibit and block such User from accessing our Site and Solution Services and will use our best efforts to promptly delete any Personal Information.

10. Security

We take great care in implementing and maintaining the security of the Site and our Users’ personal information. BlackSwanemploys industry standard procedures and policies to ensure the safety of its Users’ personal information and prevent unauthorized use of any such information. However, we do not guarantee that unauthorized access will never occur.

11. Third Party Sites

While using the Site you may encounter links to third party websites and/or services. Please be advised that such third party websites and/or services are independent from BlackSwan, and when clicking such links, may use cookies and other web-tracking technologies, not specified or otherwise handled in our Cookie Policy, to collect non-personal and/or personal information about you. We assume no responsibility or liability whatsoever with regard to privacy matters or any other legal matter with respect to such third-party websites and/or services if you choose to follow such links. We encourage you to carefully read the privacy policies and the terms of use of such third party websites and/or services, as their terms, not ours, will apply to any of your interactions with such third parties. BlackSwan has no control over the use of any information you provide to these third-party services.

12. Local Storage and Third Party Software/Service, Cookies and other Tracking Technology 

1. When you access or use the Site, BlackSwan may use industry-wide monitoring and tracking technologies such as “cookies” or “pixel tags” (or similar technologies), which store certain information on your computer (” Local Storage“) and which will allow us to enable automatic activation of certain features and make your service experience much more convenient and effortless. The Local Storage is created per session and may be deleted by you or otherwise you may configure by you to not accept any such local storage.
   For example, these technologies enable us to: (i) provide you with the Solution Services, (ii) keep track of our users’ preferences and authenticated sessions, (iii) secure our website by detecting abnormal behaviors, (iv) identify technical issues and improve the overall performance of the Site and/or our Solution Services, and (v) deliver you our targeted advertisements that are more tailored to you based on your browsing activities and inferred interests and track ad performance (For more information about this practice, click here: http://www.aboutads.info/choices/).
   Such tracking technologies may include, Pixel tags (also commonly known as web beacons), transparent images, iFrames, cookies, or Java script placed on our Site or our advertisements and emails, that is used to understand how you interact with the Site, with such advertisements and emails.
2. To learn more about our use of Cookies and other tracking technologies, please see our https://blackswantechnologies.ai/cookies.It is important to note that some of these tracking technologies are provided to us by our Services Providers who collect and process personal information in the scope of the services that they provide us with.
3. Please note – in certain cases such Services Providers may collect and process personal information, in a scope which is broader than the scope of collection and processing required for the purposes set forth above. This means that sometimes these Services Providers have access to more of your personal information than we do. In such cases all such excess collection and processing is performed pursuant to and under a direct contractual relationship you have with such Service Providers, as detailed below and any rights you may have with respect to such information, collected by such Services Providers, shall be governed by such contractual relationship. Otherwise, the terms of this Privacy Policy shall fully apply.
4. We may also use Google Adwords, Twitter, LinkedIn and other social media’s functionality of remarketing tracking cookies and pixel-based retargeting. This means that if you provide your consent to Google, Twitter or LinkedIn (the ” Social Ad Platforms”) to be provided with personalized commercial offers, you may be served with ads based on your use of the Site, outside of the Site and across the internet. In such an event the Social Ad Platforms, will place cookies or pixels on your web browser and use such technologies to serve you ads based on past visits to our Site.
5. Please visit the Social Ad Platforms’ individual privacy policy to find out how they use such information:
   • Google Adwords: https://policies.google.com/technologies/ads
   • Twitter: https://business.twitter.com/en/help/ads-policies/other-policy-requirements/policies-for-conversion-tracking-and-tailored-audiences.html
   • LinkedIn: https://www.linkedin.com/legal/cookie-policy
6. If you wish to opt-out of such re-targeting and tracking functionality of the Social Ad Platforms, you may do so at the following links:
   • Google Adwords: https://adssettings.google.co.il/authenticated
   • Twitter: https://help.twitter.com/en/safety-and-security/privacy-controls-for-tailored-ads
   • LinkedIn: https://www.linkedin.com/help/linkedin/answer/62931?query=opt-out%20cookies&hcppcid=search
7. In addition, if you wish not to receive ads from us based on your use of the Site, please send us an e-mail to privacy@blackswan-technologies.com and we will respond within a reasonable timeframe and in accordance with applicable laws.
8. By accepting this Privacy Policy and using the Site or the Solution Services you hereby consent that certain third-party Services Providers listed below shall collect and process your personal information in accordance with their respective privacy policy:
   • Amazon Web Services

Learn more about your choices and how to opt-out of tracking technologies :

In order to delete or block any tracking technologies, please refer to the “Help” area on your internet browser for further instructions, or You may also opt out of third party tracking technologies by following the instructions provided by each third party service provider in its privacy policy listed above or visiting www.youronlinechoices.eu or http://www.aboutads.info/choices/.Please note however that deleting any of our tracking technologies or disabling future tracking technologies may prevent you from accessing certain areas or features of our Site or may otherwise adversely affect your user experience. Please also note that we do not respond to the ‘Do Not Track’ setting on your browser as the protocol and form for such setting has not yet been generally accepted.

13. Direct Marketing

If you provide us with your contact details through the Site where we indicate that such details will be used for the purpose of sending You occasional communications with respect to the Solution or Solution Services, you hereby agree that we may use such contact details, in order to contact you, inform you regarding our products and services which may interest you, and send you other marketing material, including news and updates by transmission to the e-mail address or phone number you have provided.

You may withdraw your consent by sending us a written notice via email to the following address: privacy@blackswan-technologies.com.

14. Changes to the Privacy Policy

BlackSwan reserves the right to change this policy at any time, so please re-visit this page frequently. We will provide notice of substantial changes of this policy on the homepage of the Site and/or we will send you an e-mail regarding such changes to the e-mail address that you may have provided us with. Such substantial changes will take effect seven (7) days after such notice was provided on our Site or sent by email. Otherwise, all other changes to this Privacy Policy are effective as of the stated “Last Revised” date and your continued use of the Site after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.

15. General Information

This Privacy Policy, its interpretation, and any claims and disputes related hereto, shall be governed by the laws of the State of Israel, without respect to its criminal law principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being litigated in and decided exclusively by a court of competent jurisdiction located in Tel Aviv, Israel.

This Privacy Policy was written in English and may be translated into other languages for your convenience. If a translated (non-English) version of this Privacy Policy conflicts in any way with the English version, the provisions of the English version shall prevail.

16. Have any Questions?

If you have any questions (or comments) concerning this Privacy Policy, you are welcome to send us an email at: privacy@blackswan-technologies.com and we will make an effort to reply within a reasonable timeframe.