This privacy policy (“Privacy Policy” or “Policy”) describes the data processing practices of Orca Vision Ltd. (“Company”, “we”, “us”, or “our”) when you use our mobile or web applications available for download on our website or Google Play/App Store (“Apps”, “Services”), including our AI-powered swimming performance analytics services that capture and process poolside video footage from training sessions and competitions and generate dashboards, video overlays, performance reports, and related outputs. This Privacy Policy applies solely to the Company’s processing of personal data in connection with the Apps and does not address collection or processing carried out through any other products, services, websites or channels unless expressly stated otherwise.

This Privacy Policy constitutes an integral part of our Terms and Conditions (“Terms”), and it governs the data collection, process and transfer in respect with our Services, all in accordance with the relevant data protection and privacy laws and regulations, including, if relevant to the user’s jurisdiction, the EU General Data Protection Regulation (“GDPR”), or the Israeli Protection of Privacy Law, 5741 – 1981 (“IL Data Protection Law”).

You do not have any legal obligation to provide any information to us. However, we require the information mentioned above in order to provide you with the services. If you do not wish to provide us with personal information, please do not use the Orca Vision Services and we may not be able to provide you with the Orca Vision Services.

This Privacy Policy does not cover your interaction with third-party content available through the Service. This Privacy Policy may be different from third parties’ privacy practices and we shall not be liable or responsible for the acts of those third parties.

POLICY AMENDMENTS

We reserve the right to amend this Policy from time to time, at our sole discretion. The most recent version of the Policy will always be posted on the website. The updated date of the Policy will be reflected in the “Last Modified” heading. We will provide notice if these changes are material and, where required by applicable law, we will obtain your consent. Any amendments to the Policy will become effective within 30-days upon the display of the modified Policy. We recommend you to review this Policy periodically to ensure that you understand our most updated privacy practices.

CONTACT INFORMATION AND DATA CONTROLLER INFORMATION

Orca Vision Ltd. is incorporated under the laws of the State of Israel and is the data controller (as such term is defined under the GDPR or equivalent privacy legislation).

For any question, inquiry or concern related to this Privacy Policy or the processing of your Personal Data, you may contact our privacy team at: support@orcavision.company

WHAT INFORMATION DO WE COLLECT AND HOW DO WE USE IT?

Non-Personal Data

During your interaction with our Services we may collect aggregated, non-personal non-identifiable information which may be made directly or indirectly through your use of the Services (“Non-Personal Data“). We are not aware of the identity of the user from which the Non-Personal Data is collected. The Non-Personal Data which is being collected may include your aggregated usage information and technical information transmitted by your device, such as: operating system type and version, mobile network information, internet service provider, mobile carrier, device settings, etc.

Personal Data

We may also collect from you, during your access or interaction with the Services, individually identifiable information, namely information that identifies an individual or may with reasonable effort be used to identify an individual (“Personal Data” or “Personal Information”).

For the avoidance of doubt, any Non-Personal Data that is connected or linked to any Personal Data shall be deemed Personal Data for as long as such connection or linkage exists.

We do not knowingly collect or process any Personal Data constituting or revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, data concerning a person’s health or data concerning a person’s sex life or sexual orientation (“Special Categories of Personal Data”).

The following table describes the Personal Data we may process if you install our Apps and use our Services:

Therefore, the actual processing operation per each purpose of use and lawful basis detailed in the table above may differ. Such processing operation usually includes a set of operations, made by automated means, such as collection, storage, use, disclosure by transmission, erasure or destruction. In addition, we may use certain Personal Data to prevent potentially prohibited or illegal activities, fraud, misappropriation, infringements, identity thefts and any other misuse of the Services and to enforce our policies and agreements, as well as to protect the security or integrity of our databases and the Services, and to take precautions against legal liability. Such processing is based on our legitimate interests.

Notwithstanding the legal bases for processing personal information detailed above, where the IL Data Protection Law applies the processing is based on your consent.

HOW WE COLLECT INFORMATION

Depending on the nature of your interaction with the Services, we may collect information as follows:

• Automatically – we may directly or indirectly collect information automatically (i.e., by getting access permissions to certain processes and information stored in your mobile device), such as Non-Personal Information as well as Online Identifiers.
• Provided by you voluntarily – we will collect Personal Data if you choose to register, if you contact us for support, if you make a purchase, or if you upload information to the App.

TRACKING TECHNOLOGIES

We use technologies such as software developer kits (“SDK“) on our App and Services. SDKs are very helpful and can be used for various purposes. These purposes include: (i) allowing you to navigate between screens efficiently; (ii) enabling automatic activation of certain features; (iii) remembering your preferences; and (iv) making the interaction between you and our services quicker and easier. The SDKs create the opportunity to enhance the App with more functionality.

Disclosure of Information and Transfer of Data:

Except as otherwise provided in this Privacy Policy, we reasonably attempt to ensure that we never intentionally disclose any of your Personal Information, to any third party without having received your permission, except as provided for herein or otherwise as permitted or required under applicable law. We employ other companies and individuals to perform functions on our behalf. Examples include: sending communications, processing payments, assessing credit and compliance risks, analyzing data, identifying errors and crashes, conducting customer relationship management, and providing training. These third-party service providers have access to Personal Data needed to perform their functions, but they are prohibited from using your Personal Data for any purposes other than providing us with requested services. We may further disclose Personal Data to enforce our policies and agreements, as well as defend our rights, including the investigation of potential violations thereof, alleged illegal activity or any other activity that may expose us, you, or other users to legal liability, and solely to the extent required. In addition, we may disclose Personal Data to detect, prevent, or otherwise address fraud, security, or technical issues, solely to the extent required.

Where we share information with service providers and agents, we ensure they only have access to such information that is strictly necessary in order for us to provide the Services. These parties are required to secure the data they receive and to use the data for pre-agreed purposes only, while ensuring compliance with all applicable data protection regulations (such service providers may use other non-personal data for their own benefit).

In the event that we need to transfer your Personal Data out of your jurisdiction, we will take appropriate measures to ensure that your Personal Data receives an adequate level of protection as required under applicable law. Furthermore, when Personal Data that is collected within the European Economic Area (“EEA“) is transferred outside of the EEA to a country that has not received an adequacy decision from the European Commission, we will take necessary steps in order to ensure that sufficient safeguards are provided during the transferring of such Personal Data, in accordance with the provision of the standard contractual clauses approved by the European Union. Thus, we will obtain contractual commitments and/or assurances from the data importer to protect your Personal Data, using contractual protections that EEA and UK regulators have pre-approved to ensure your data is protected (known as standard contract clauses), or rely on adequacy decisions issued by the European Commission. Some of these assurances are well-recognized certification schemes.

YOUR RIGHTS

We acknowledge that different people have different privacy concerns and preferences. Our goal is to be clear about what information we collect, so that you can make meaningful choices about how it is used. We provide you with the ability to exercise certain choices, rights and controls in connection with your Personal Data. Depending on your relationship with us, data protection and privacy laws provide you with some of the following principal rights regarding your Personal Data, including (and depending on your jurisdiction): (i) the right to access your Personal Data that we process; (ii) the right to ensure your Personal Data is accurate, complete and up to date; (iii) the right to have your Personal Data amended (by correcting, deleting or adding information); (iv) the right to object to the processing of your Personal Data, to the extent applicable; (v) the right to withdraw consent, subject to legal or contractual restrictions and reasonable notice; (vi) the right to non-discrimination and (vii) the right to cease sharing or selling your Personal Information.

For detailed information on your rights and how to exercise your rights, please contact us at: support@orcavision.company.

DATA RETENTION

In general, we retain the Personal Data we collect for as long as it remains necessary for the purposes set forth above, all under the applicable regulation, or until you express your preference to opt out, where applicable.

The retention periods are determined according to the following criteria:

• For as long as it remains necessary in order to achieve the purpose for which the Personal Data was initially processed. For example: if you contacted us, we will retain your contact information at least until we address your inquiry.
• To comply with our regulatory obligations. For example: transactional data will be retained for up to seven years (or even more under certain circumstances) for compliance with our bookkeeping obligations purposes.
• To resolve a claim we might have or a dispute with you, including any legal proceeding between us, until such dispute is resolved and, following resolution, if we find it necessary, in accordance with applicable statutory limitation periods.

Other circumstances in which we will retain your Personal Data for longer periods of time include: (i) where we are required to do so in accordance with legal, regulatory, tax or accounting requirements, or (ii) for us to have an accurate record of your dealings with us in the event of any complaints or challenges, or (iii) if we reasonably believe there is a prospect of litigation relating to your Personal Data. Please note that except as required by applicable law, we will not be obligated to retain your data for any particular period, and we may delete it for any reason and at any time, without providing you with prior notice of our intention to do so.

SECURITY MEASURES

We work hard to protect Personal Data we process from unauthorized access or unauthorized alteration, disclosure or destruction. We have implemented physical, technical and administrative security measures for the Services that comply with applicable laws and industry standards. Note that we cannot be held responsible for unauthorized or unintended access that is beyond our control, and we make no warranty, express, implied or otherwise, that we will always be able to prevent such access.

Please contact us at: support@orcavision.company if you feel that your privacy was not dealt with properly, in a way that was in breach of our Privacy Policy, or if you become aware of a third party’s attempt to gain unauthorized access to any of your Personal Data. We will make a reasonable effort to notify you and the appropriate authorities (if required by applicable law) in the event that we discover a security incident related to your Personal Data.

ELIGIBILITY AND CHILDREN’S PRIVACY

The Services may involve the processing of competition data, race footage, performance information, and related Personal Data concerning children participating in swimming competitions. However, where required by applicable law, children may not independently create accounts, purchase Services, or provide legally effective consents on their own behalf. Any registration, purchase, consent, or authorization relating to a child participant must be made or provided by the child’s parent or legal guardian, or by another person or entity legally authorized to act on the child’s behalf, such as a club, federation, school, team, coach, or event organizer, as applicable. If you register, purchase access, request analytics, or otherwise act in relation to a child participant, you represent and warrant that you have all required rights, notices, consents, permissions, and legal authority to do so and to authorize our processing as described in this Privacy Policy and the Terms. If you believe that a child’s information has been provided to us without appropriate authorization, please contact us at: support@orcavision.company.