Privacy Policy

This privacy policy (“Privacy Policy”) governs how we, Orchid Security Inc. (“OrchidSecurity” “we”, “our” or “us”) use, collect, disclose, and store Personal Data we collect or receive from or about you (“you”) such as when you submit a "Contact me" form on our website, https://orchid.security/  (“Website”);

Please read this Privacy Policy carefully, so you can understand our practices and your rights in relation to personal data. “Personal Data” or “Personal Information”means any information that can be used, alone or together with other data, to uniquely identify any living human being and any information deemed asPersonally Identifiable Information by privacy laws. Please note that this is a master privacy policy and some of its provisions only apply to individuals in certain jurisdictions. For example, the legal basis in the table below is only relevant to GDPR-protected individuals.

Table of Contents

1. What information we collect, why we collect it, and how it is used
2. How we protect and retain your Personal Data
3. How we share your Personal Data
4. Additional information regarding transfers of Personal Data
5. Your privacy rights
6. Use by children
7. Interaction with third party products
8. Log files
9. Analytic tools
10. Specific provisions applicable under California privacy law
11. Contact us

This Privacy Policy can be updated from time to time and, therefore, we ask you to check back periodically for the latest version of this Privacy Policy. If we implement significant changes to the use of your Personal Data in a manner different from that stated at the time of collection, we will notify you by posting a notice on our Website or by other means.

1. 1.1.  Security. We have implemented appropriate technical, organizational and security measures designed to protect your Personal Data. However, please note that we cannot guarantee that the information will not be compromised as a result of unauthorized penetration to our servers. As the security of information depends in part on the security of the computer, device or network you use to communicate with us and the security you use to protect your user IDs and passwords, please make sure to take appropriate measures to protect this information.
2. 1.2.  Retention of your Personal Data. Until we no longer need the information and proactively delete it, or you send a valid deletion request. Please note that we may retain it for a longer or shorter period in accordance with data retention laws. Please note that in some circumstances we may store your Personal Data for longer periods of time, for example (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 or dealings. We have an internal data retention policy to ensure that we do not retain your Personal Data perpetually. Regarding retention of cookies.

1. We may share your Personal Data as follows:
2. 3.1. We may also share information with our affiliated companies about you.
3. 3.2. We may use third party service providers to process your information for the purposes outlined above, including, without limitation:
4. 3.2.1. With cloud service providers for hosting purposes;
5. 3.2.2. With websites and web content creation platforms in order to help us manage our Website;
6. 3.2.3. With email providers, marketing, CRM, other similar tool providers; and
7. 3.2.4. With analytic companies, in order to help us understand and analyze information we collect in accordance with this policy.
8. 3.3. To the extent necessary, with regulators, courts, banks or competent authorities, to comply with applicable laws, regulations and rules (including, without limitation, federal, state or local laws), and requests of law enforcement, regulatory and other governmental agencies or if required to do so by court order, as well as for internal compliance procedures and to protect the safety, security, and integrity of Orchid Security, our services, customers, employees, property, and the public..
9. 3.4. If, in the future, we sell or transfer, or we consider selling or transferring, some or all of our business, shares or assets to a third party, we will disclose your information to such third party (whether actual or potential) in connection with the foregoing events (including, without limitation, our current or potential investors). 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, disclose or assign your information in connection with the foregoing events.
10. 3.5. Where you have otherwise provided your consent to us for sharing or transferring your information.
11. If you want to receive the list of the current recipients of your Personal Data, please make your request by contacting us to privacy@orchid.security.

1. 4.1. External transfers: Where we transfer your Personal Data outside of EU/EEA (for example to third parties who provide us with services), we will generally obtain contractual commitments from them to protect your Personal Data. When Orchid Security engages in such transfers of personal information, it relies on i) Adequacy Decisions as adopted by European Commission on the basis of Article 45 of Regulation (EU)2016/679 (GDPR) (for example, when we access from Israel), ii) StandardContractual Clauses issued by the European Commission, or iii) the recipient's certification to the EU-US Data Privacy Framework. Orchid Security also continually monitors the circumstances surrounding such transfers in order to ensure that these maintain, in practice, a level of protection that is essentially equivalent to the one guaranteed by the GDPR.
2. 4.2. In order to run our business and provide our Website and services to you, we transfer Personal Data to certain countries around the world, including to our affiliates and service providers, many of whom are located outside of your jurisdiction. Therefore, your Personal Data may be processed in countries with privacy laws that are different from privacy laws in your country. Whenever we make such transfers, we will use commercially reasonable efforts to implement an appropriate level of protection to your Personal Data by implementing at least one of the following safeguards:
3. 4.2.1. Making sure the destination country has been deemed to provide an adequate level of protection for Personal Data; and/or
4. 4.2.2. by executing implement data onward transfer instruments such as data processing and protection agreements.

1. 5.1. The following rights (which may be subject to certain exemptions or derogations) shall apply to certain individuals (some of which only apply to individuals protected by specific laws):
2. 5.1.1. You have the right to withdraw consent to the processing, where consent is the basis of processing.
3. 5.1.2. You have the right to access the personal information that we hold and request further details about how we process it, under certain conditions.
4. 5.1.3. You have the right to demand rectification of inaccurate personal information about you. We will promptly correct any information found to be incorrect.
5. 5.1.4. You have the right to object to unlawful data processing under certain conditions.
6. 5.1.5. You have the right to the erasure of past data about you (your “right to be forgotten”) under certain conditions.
7. 5.1.6. You have the right to demand that we restrict the processing of your personal information, under certain conditions, if you believe we have exceeded the legitimate basis for processing, the processing is no longer necessary, or if you believe your personal information is inaccurate.
8. 5.1.7. You have the right to data portability of personal information concerning you that you provided us in a structured, commonly used, and machine-readable format, subject to certain conditions.
9. 5.1.8. The personal information we collect is not used for automated decision-making and profiling, except for automated processes in the context of marketing. As stated above, you can opt out of direct marketing by Titan by contacting Titan directly or by following the instructions through the unsubscribe options in our email messages.
10. 5.2. You can exercise your rights by contacting us at privacy@orchid.security. Subject to legal and other permissible considerations, we will make every reasonable effort to honor your request promptly in accordance with applicable law or inform you if we need further information in order to fulfil your request. When processing your request, we may ask you for additional information to confirm or verify your identity and for security purposes, before processing and/or honoring your request. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive. In the event that your request would adversely affect the rights and freedoms of others (for example, would impact the duty of confidentiality we owe to others) or if we are legally entitled to deal with your request in a different way than requested, we will address your request to the maximum extent possible, all in accordance with applicable law.
11. 5.3. Marketing emails – opt-out: You may choose not to receive marketing email of this type by sending a single email with the subject "BLOCK" to privacy@orchid.security. Please note that the email must come from the email account you wish to block OR if you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails, and we will process your request within a reasonable time after receipt.

1. 9.1. California Privacy Rights:  
2. California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of information to third parties for their direct marketing purposes. To make such a request, please send an email to privacy@orchid.security. Please note that we are only required to respond to one request per customer each year.
3. 10.1. Our California Do Not Track Notice (Shine the Light):
4. We do not currently respond or take any action with respect to web browser “do not track” signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personally identifiable information about an individual consumer’s online activities over time and across third-party websites or online services. We may allow third parties, such as companies that provide us with analytics tools, to collect personally identifiable information about an individual consumer’s online activities over time and across different web sites when a consumer uses the Website.

ORCHID SECURITY WEBSITE TERMS OF USE

Welcome to https://orchid.security/(together with its subdomains, Content, Marks and services, the “Website”).Please read the following Website Terms of Use carefully before using this Website so that you are aware of your legal rights and obligations with respect to Orchid Security Inc (“Orchid Security”, “we”, “our” or “us”).By accessing or using the Website, 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 Website Terms of Use, together with our Privacy Policy ("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 Website.

1. Background. The Website is intended to inform you about Orchid Security's products and services.

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

3. Ability to Accept Terms. The Website is only intended for individuals aged 18 years or older. If you are under 18 years please do not visit or use the Website.

4. Website Access. For such time as these Terms are in force and effect, we hereby grant you permission to visit and use the Website provided that you comply with these Terms and applicable law.

5. Restrictions. You shall not: (i) copy, distribute or modify any part of the Website 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 Website; (iv) use or launch any automated system (including without limitation,“robots” and “spiders”) to access the Website; and/or (v) circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Website.

6. Intellectual Property Rights

6.1. Content and Marks. The: (i) content on the Website, including without limitation, the text, documents, articles,brochures, descriptions, products, software, graphics, photos, sounds, videos,interactive features, and services (collectively, the “Content”); and(iii) the trademarks, service marks and logos contained therein (“Marks”),are the property of Orchid Security and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “Orchid Security”, the Orchid Security logo, and other marks are Marks of Orchid Security or its affiliates. All other trademarks, service marks, and logos used on the Website are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Website and the Content.

6.2. Use of Content. Content on the Website 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 Website 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. Disclosure. We reserve the right to access, read,preserve, and disclose any information that we obtain in connection with the Website,and your use thereof, as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request;(ii) enforce these Terms, including to investigate potential violations of them; (iii) detect, prevent or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of Orchid Security, its users or the public.

9. Links

9.1. The Website may contain links, and may enable you to post content, to third party websites that are not owned or controlled by Orchid Security. 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. You: (i) are solely responsible and liable for your use of and linking to third party websites and any content that you may send or post to a third party website; and (ii) expressly release Orchid Security from any and all liability arising from your use of any third party website. Accordingly,we encourage you to read the terms and conditions and privacy policy of each third party website that you may choose to visit.

9.2. Orchid Security permits you to link to the Website provided that: (i) you link to but do not replicate any page on this Website;(ii) the hyperlink text shall accurately describe the Content as it appears on the Website; (iii) you shall not misrepresent your relationship with Orchid Security or present any false information about Orchid Security 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.

10. Privacy. Our privacy policy which is available at https://orchid.security/privacy-policy.

11. Warranty Disclaimers

11.1. This section applies whether or not the services provided under the Website are for payment.Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.

11.2. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. ORCHID SECURITY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT,AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. ORCHID SECURITY DOES NOT GUARANTEE THAT THE WEBSITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE WEBSITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT ORCHID SECURITY 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 OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE WEBSITE BY A THIRD PARTY.

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

12. Limitation of Liability

12.1. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ORCHID SECURITY 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 WEBSITE, EVEN IF ORCHID SECURITY 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.

12.2. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ORCHID SECURITY FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR IN ABILITY TO USE, THE WEBSITE EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO ORCHID SECURITY FOR USING THE WEBSITE DURING THE 3 MONTHS PRIOR TO BRINGING THE CLAIM.

13. Indemnity. You agree to defend, indemnify and hold harmless Orchid Security 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 Website; (ii) your interaction with any Website user; or (iii) your violation of these Terms.

14. Term and Termination. These Terms are effective until terminated by Orchid Security or you. Orchid Security, in its sole discretion, has the right to terminate these Terms and/or your access to the Website, or any part thereof,immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). Orchid Security shall not be liable to you or any third party for termination of the Website, 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 Website in any way, your only recourse is to immediately discontinue use of the Website. Upon termination of these Terms, you shall cease all use of the Website. This Section 14 and Sections 6 (Intellectual Property Rights), 10 (Privacy), 11 (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 Orchid Security are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Orchid Security.You must not under any circumstances make, or undertake, any warranties,representations, commitments or obligations on behalf of Orchid Security.

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

17. Governing Law. To the maximum extent permitted by law, these Terms and the relationship between you and Orchid Security 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. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv-Jaffa and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that Orchid Security may seek injunctive relief in any court of competent jurisdiction.

18. General. These Terms shall constitute the entire agreement between you and Orchid Security concerning the Website. 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. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN 1 YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE,SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

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