Terms of Use and Privacy Policy

1. Introduction

Welcome to the website http://www.en.inca.co.il/ (hereinafter: “the Site”), owned by INCA Media Ltd, Company No. 514985589, of 3 Shifon Street, Ramat HaSharon, israel (hereinafter: “the Site Operator”). The Site Operator manages and operates the Site and provides visitors with content and information concerning its operations, clients, employees and business activities, namely the provision of organic and paid promotion services for websites on Google and other internet sites, including results of activities performed for its clients.

The content published on the Site is written by the Site Operator’s team of employees. The Site Operator embeds that content on the Site, and the company ITU is responsible for technical management of the Site (the “Site Admin System”).

For the avoidance of doubt, the content published on the Site does not constitute professional or other advice and cannot serve as a substitute for any professional advice.

The content presented on the Site is intended to provide initial information about the Site Operator and its clients only; it does not replace or serve as professional advice or an opinion that can substitute consultation with a party or professional expert in a specific field. The content published on the Site reflects the views of the Site Operator and the Site Admin System according to their personal knowledge and worldview; accordingly the content published on the Site should not be regarded as a professional opinion or professional information.

The Terms of Use and Privacy Policy on the Site are drafted in the masculine form for convenience only, and are addressed to both genders.

The Terms of Use and Privacy Policy of the Site apply to any person and/or organization and/or corporation and/or other institution who browses the Site via computer and/or mobile device and/or any communication means and/or any other technological means (hereinafter: “User”).

2. Agreement to the Terms of Use and Privacy Policy

Please note that a prerequisite for using the Site is your acceptance of the Terms of Use and Privacy Policy of the Site. Therefore, any User browsing the Site acknowledges and agrees that the use of the Site and the content published therein is subject to the following Terms of Use.

The Site Operator and the Site Admin System treat your privacy with great respect and ask that you read all the Terms of Use and the Privacy Policy of the Site carefully, so that you can benefit from the Site without experiencing discomfort, inconvenience and/or any harm.

It is emphasised and clarified that your entry and use of the Site and/or its contents constitutes your consent and approval as a User of the Site to the Terms of Use and Privacy Policy detailed below. If you do not accept, receive and agree to the Terms of Use and Privacy Policy—either fully or in part—you are not permitted and are requested not to use the Site.

For the avoidance of doubt, you must not use the Site or the content displayed therein in any manner that contradicts these Terms of Use and Privacy Policy as detailed above and below and/or in any way that is not permitted within the framework of the Terms of Use and Privacy Policy of the Site, unless you have obtained explicit prior written consent from the Site Operator.

The provisions set out in the Terms of Use and Privacy Policy of the Site apply to use of the Site and the content displayed therein via any mobile device and/or computer and/or any communication means and/or other technological means that allow browsing of the Site, whether the use is made via an internet network and/or any other communication means.

3. Use of the Site

It is clarified that use of the Site shall be in accordance with the instructions detailed in the Terms of Use, as follows:

1. A User of the Site is prohibited from distributing “advertising matter” (as defined in the Communications (Bezeq and Broadcasting) Law, 1982) and/or “spam” and/or in any way causing flooding of the Site’s servers.
2. It is absolutely prohibited to carry out any interference with the Site’s operations of any kind and in any manner.
3. Actions of impersonation of a corporation and/or person and/or body are strictly prohibited and/or transmission or dissemination, in any way, of materials and/or information that are misleading and/or incomplete and/or erroneous and/or false and/or offensive and/or pornographic.

In the event of violation of this clause, the Site Operator shall have the right, at its sole discretion, to remove and/or suspend and/or cancel and/or block a User’s use of the Site and/or refuse to provide any of the services offered by the Site Operator to that User and anyone on their behalf, without prejudice to any remedy or relief available to the Site Operator under law.

4. No use shall be made, including but not limited to, copying, modifying, and displaying the Site and its contents in any manner whatsoever using any device, computer, software, apparatus or communication means which alters, in any way, the Site and its contents and/or its design, including but not limited to, in the format of advertisements and/or commercial content.
5. It is prohibited to carry out any copying, duplication, processing, modification, collection of information, extraction of information, distribution, storage, of any kind and/or disassembly or re-assembly of the components of the Site, in whole or in part.
6. It is clarified that no use shall be made of the Site and/or its contents and/or its applications through any automated application, including via computer and/or software and/or any technological means and/or communication means, including but not limited to crawlers, robots etc., for the purpose of scanning and/or copying and/or retrieving and/or searching for content and/or data from the Site, except for scans carried out by Google and/or any party on its behalf.
7. For the avoidance of doubt, no use shall be made or created by means specified in clause 6 of a collection, database or storage source of applications or content from the Site.
8. It is prohibited to upload to the Site any content and/or links that constitute harassment, threat, hostility, defamation, insult, racism, discrimination, profanity, pornography and/or content constituting libel, slander, incitement, deliberate deception and/or any other illegal character, including and without derogating for content that constitutes invasion of another’s privacy as defined in the Privacy Protection Law, 1981 and/or that is contrary to law and/or whose publication is contrary to law and/or encourages activity contrary to law.
9. It is absolutely prohibited to transmit and/or distribute by any means any kind of virus and/or software and/or computer code intended to damage and/or harass and/or interfere and/or restrict the use of computers and/or hardware and/or software and/or the servers of the Site Operator or Site Users. Furthermore, it is strictly prohibited to use the Site in a frame of another site and/or as part (mirror) of another site, without obtaining prior written approval from the Site Operator.
10. It is absolutely prohibited to use any content whose use constitutes infringement of the rights of a third party and/or User, including but not limited to copyrights and/or performers’ rights, patents, designs and trademarks, whether registered or not, and contractual and/or other proprietary rights of any third-party.
11. It is absolutely prohibited to use the Site for any commercial purpose without obtaining prior written consent of the Site Operator. Furthermore, Site Users are prohibited from collecting information about Site Users and/or the Site Operator and/or anyone on its behalf, including but not limited to sale and/or bombardment and/or commercial use of any information existing on the Site or any other use which may harm the Site Operator and/or anyone on its behalf and/or any person or body.

4. Business Engagement

It is clarified that the Site does not constitute a platform for any sales, and serves the purposes of the Site Operator as detailed in the Terms of Use and Privacy Policy; the Site Operator is not and will not be considered a seller and/or offering for sale any products and/or services to the User.

5. Responsibility and Site Publications

1. The Site Operator may publish on the Site any advertisements of its businesses and/or sell advertising space to any third party, at its sole discretion, without requiring consent from any third party.
2. It is clarified that the Site Operator shall not be responsible for any damage, loss, cost, payment or expense caused to the User of the Site and/or any third party in respect of any act and/or omission originating from any third party whatsoever.
3. The Site Operator shall not be responsible for any act and/or omission, of any kind, which arose from a connection made between Site Users and any third party, even when the Users were introduced to the third party via an advertisement posted on the Site.
4. It is emphasised that any reliance by a User and/or any third party on any advertisement, information, content, article, service, product, opinion or position which appeared and/or will appear and/or which is published and/or will be published and/or which is displayed on the Site and/or any other site accessible from the Site, is done at the sole discretion and exclusive responsibility of the User and/or any third party.
5. Additionally, it is clarified that the Site Operator will not bear any responsibility for any engagement which shall be formed between Site Users and/or any third party and any other third party, including but not limited to representations made and/or published by them on the Site and/or elsewhere and/or to the quality of the service or product provided and/or to the quality of the product or service or to the time of its supply and/or to any other matter or obligation directly or indirectly connected to an engagement that was or will be entered into between Site Users and/or any third party and any other third party.
6. It is noted that the Site Operator endeavors to present information and content displayed on the Site as accurately and correctly as possible. Nevertheless, despite these efforts, disruptions and/or inaccuracies and/or errors may occur, resulting, inter alia, from technical malfunctions and/or other faults, acts and/or omissions of third parties, human errors.
7. The Site Operator shall not be liable in respect of publications and/or content and/or displays appearing on the Site and/or any technological means pointing to the Site and/or an application of the Site, whether they were embedded and/or published on the Site by the Site Operator or whether they were embedded and/or published on the Site by any third party.
8. The Site Operator shall not be liable with respect to the reliability, accuracy, trustworthiness or truth of the content published and/or the information displayed on the Site and shall not be responsible for any damage, loss, cost, loss of income, mental distress, inconvenience etc., which may be caused, directly or indirectly, to the Site Users and/or anyone on their behalf and/or their assets, as a result of reliance on and/or use of the Site and/or any content displayed or published on the Site.
9. It is clarified that Site Users bear the responsibility and obligation to verify by additional information sources any information displayed on the Site prior to relying on or using that information. The Site Operator shall not be liable in any case for content and results, direct and/or indirect, which may cause or may have caused Site Users and/or any third party and/or their assets as a result of reliance or use of information and/or content published and/or displayed on the Site. Accordingly, Site Users waive any claim and/or demand and/or request against the Site Operator and/or anyone on its behalf in relation to matters specified in this clause and accept full responsibility for all damage, loss, cost, loss of income, mental distress etc.
10. The Site Operator and/or anyone on its behalf shall not be liable in any event for any damage, loss, cost, loss of income, mental distress etc., caused or that may be caused, due to the inability to use the Site, for any reason whatsoever, and/or because of reliance on the use of the Site and its services.
11. The Site Operator shall not be responsible for any damage, loss, cost, loss of income, mental distress etc., which will be caused as a result of any link present on the Site to content from the Site and any display and/or publication of other content on the Site. Site Users and/or any third party bear full, exclusive and absolute responsibility for any damage, loss, cost, loss of income, mental distress etc., which may be caused or might be caused to them due to use of links displayed on the Site as aforesaid.

6. Intellectual Property

It is clarified that all intellectual property rights, including but not limited to copyrights, trademarks, patents, ideas, work methods, designs, logos, trade names, patents, models in relation to the Site, information presented on the Site, articles displayed on the Site and/or any content, article or other information displayed on the Site and/or any other unique and exclusive activity to the Site Operator or the Site etc., are exclusively owned by the Site Operator and/or its clients, to the extent they relate to the clients’ trademarks (hereinafter: “Intellectual Property”).

Therefore, for the Site Users and/or any third party, any use whatsoever of the Site Operator’s Intellectual Property is strictly prohibited, including but not limited to copying, publishing, duplicating, modifying and/or doing any other use thereof, including but not limited to commercial use, without its explicit prior written consent. It is clarified that it is strictly prohibited to make any changes on the Site, copy it, duplicate it, broadcast it, publicly display and/or carry out publicly, distribute it, process it, create derivative works from the Site, deliver information or transfer it to a third party, lease it, publish it, sell it, in the whole Site and/or any part thereof, and in any manner whatsoever, without obtaining prior written consent of the Site Operator and/or other rights‐holders in the Intellectual Property, as may be applicable.

All content, knowledge, ideas and information displayed on the Site belong to the Site Operator and are in its exclusive ownership and/or those of a third party and/or its assignees, who allowed the Site Operator to use Intellectual Property in their ownership, as relevant.

The submission of advertisements and/or content by Site Users and/or clients or suppliers of the Site Operator (hereinafter: “the Submitter”) for publication on the Site constitutes, by the act of their submission to the Site Operator, an authorization that the Submitter is the rights‐holder in the submitted content, that the Submitter transfers the content while being properly authorized, and that it may be published on the Site and grants the necessary usage rights to the Site Operator. The authorization to the Site Operator shall be unlimited in time and place, without limitation on use and without compensation from the Site Operator. The Site Operator shall have the right to use it entirely at its sole discretion, including outside the Site and in print, digital media and/or in any other manner, without requiring explicit further consent, unless otherwise agreed in writing between the Site Operator and the Submitter in advance.

7. Privacy Policy

The Site Operator respects and observes your privacy. Below is the privacy policy applied on the Site, detailing the information retained on the Site, the information not retained and how the personal information provided and/or collected while using the Site is used.

Upon registration on the Site and/or for use of it, Users are required to provide only their email address (that they own), their name and telephone number for contact (no other information will be requested, except for user-computer cookies retained by the Site Operator). The information is provided voluntarily; however, it is clarified that without providing these details we may be unable to provide the services.

The information will be used for the purpose of making contact, responding to inquiries, offering marketing and promotion services in search engines and social networks, as well as for internal administrative and statistical purposes.

By using the Site and providing the required details as described above, Users confirm that the details provided are correct and accurate. The Site Operator shall have the right to request additional details, update or delete details as required and according to law.

During your use of the Site additional information may be collected, including usage data, pages visited, location, communication device, interests and more.

The Site Operator undertakes to retain the information only for the purposes defined above and not to use it for other purposes.

7.1 User Rights

In accordance with the Privacy Protection Law (including Amendment 13), each User on the Site has the right to:

• Review personal information retained about them.
• Request correction of the information if it is incorrect, incomplete or outdated.
• Request deletion of the information, subject to retention obligations under law (for example for tax purposes).
• Object to certain uses of the information (such as marketing use).

To exercise these rights you may contact: info@inca.co.il or telephone: 077-4904030.

7.2 Data Retention

The information will be retained as long as there is a legitimate business need or legal obligation, and thereafter will be deleted or anonymised.

7.3 Information Security

The Site Operator uses reasonable and accepted information security measures, including encryption, access control, backup and monitoring means, in order to prevent unauthorised use of personal information. However, the Site Operator cannot guarantee complete immunity from breaches or unauthorised use.

In the event of a serious information security incident (such as a data leak), the Site Operator will act according to legal requirements and deliver reports as required.

7.4 Data Protection Officer (DPO)

If the Site Operator is required to appoint a Data Protection Officer by law, the contact details will be published in this policy. For now, any questions relating to privacy can be directed to the contact details in Section 12 below.

8. Use of Cookies

The Site Operator uses cookies and monitoring tools (such as Google Analytics, Meta Pixel) for:

• Operation of the Site and improvement of its performance;
• Statistical analysis of usage patterns;
• Information security;
• Personalisation of content and marketing.

The use of cookies is subject to User consent, by continuing to browse the Site. In addition, a pop-up/banner may appear on the Site upon entry informing the User of the use of cookies and the option to manage preferences.

Users may manage preferences or delete cookies via browser settings. It is clarified that blocking certain cookies may impair the browsing experience on the Site.

9. Disclosure to Third Parties

The Site Operator will not transfer personal information to third parties except in the following cases:

• For the purpose of receiving subcontracted services (such as cloud hosting providers, CRM systems, email dispatch).
• If User consent was given.
• In the event of sale, merger or transfer of the business to a third party – provided the third party accepts the provisions of this Privacy Policy.
• At the request of a competent authority or court order.
• For the purpose of defence in legal proceedings.
• To prevent tangible harm to a person or property.

10. Indemnification

Site Users undertake to indemnify and/or hold harmless the Site Operator, its suppliers, clients, employees, advisors and/or anyone acting on its behalf, for any direct or indirect damage, loss, expense, payment, loss of income which may be caused or might be caused, directly or indirectly, due to any claim and/or demand and/or legal proceeding and/or sanction and/or payment and/or expense incurred by the foregoing, including legal expenses and attorneys’ fees to be chosen by the Site Operator and/or anyone on its behalf (as mentioned above), due to the User’s breach of the Site’s Terms of Use and/or breach of any law, regulation, order etc. by the User of the Site and/or due to any claim and/or demand from any third party against the Site Operator or anyone on its behalf.

11. Miscellaneous

1. The Site Operator may at any time close the Site and/or make changes to it, at its sole discretion and at any time, without giving any third party prior notice. Site Users and/or anyone on their behalf and/or any third party shall not bring any claim and/or demand and/or request against the Site Operator in respect of closing the Site or making changes to it and/or in respect of disruptions or malfunctions that may occur on the Site for any reason whatsoever.
2. The Site Operator does not guarantee that the Site will operate without interruption and/or disruptions and/or malfunctions and/or suspension and/or be immune from unlawful access to computers or mobile devices or other user technological devices and/or that no damage and/or malfunctions and/or defects and/or disruptions will occur in hardware and/or software and/or communication devices and/or communication lines of the Site Operator and/or anyone on its behalf.
3. For the avoidance of doubt, the Site Operator shall not be responsible for any damage, loss, cost, loss of income which may be caused or might be caused, directly or indirectly, of any kind whatsoever, to the Site Users and/or anyone on their behalf and/or any third party and/or their assets because of the foregoing.
4. This Terms of Use and Privacy Policy document constitutes an agreement between the Site Operator and each User of the Site and shall be governed solely by the laws of the State of Israel. The competent jurisdiction in any matter relating to the Site and/or its use shall be exclusively the District Court of Tel-Aviv.
5. The Site Operator reserves the right to make changes and/or updates and/or additions from time to time, at its sole discretion, to the Terms of Use and Privacy Policy of the Site and the User is obligated to stay updated on the revised terms from time to time.
6. In any event of conflict and/or mismatch and/or deviation between the provisions of the Site’s Terms of Use and Privacy Policy and any other data whatsoever regarding the Site, the provisions of the Site’s Terms of Use and Privacy Policy shall prevail in any and all matters.

12. Contact

The Site Operator observes the legal requirements and respects the rights of the Site Users and other third parties to maintain their privacy, dignity and good name. If you believe you have been harmed in any way by the Site Operator and/or due to a breach of your privacy and/or you view a publication or content displayed on the Site as offensive and/or wish to review the information that has been collected from you by the Site and to the Site Operator and/or wish to remove your details and/or information relating to you from the Site and/or from the Site Operator, you may contact the Site Operator using the following contact details:

3 Shifon Street, Ramat HaSharon, Israel
Phone: +97277-9969167
Email: info@inca.co.il