Privacy Policy | Cherry Imaging

Cherry Imaging Ltd. (“Cherry Imaging”, “we”, “our”) is committed to maintaining the privacy of its users (“User”, “you”). The following information describes how Cherry Imaging collects and processes information about you when you use our App (as defined below).

Our Privacy Policy explains:

What information we collect and why we collect it.
How we use that information.
How we secure your information.
Your rights with regard to the collection of such information.

By using the mobile scanner (as defined below), you agree to this Privacy Policy.

1. General

Cherry Imaging provides a unique mobile imaging application that combines a powerful, easy-to-use 3D software which enables to conduct face symmetry and skin analysis via its innovative algorithms and 3D feature (“App”). The App creates a 3D model of the User’s face and allows accurate, objective, and traceable analysis of skin geometry and color (“Services”). In addition, the App enables Users to share their 3D model with third parties, such as clinicians for additional consultation.

2. Device

Users can access the App through a mobile phone or a tablet (“Device”). This Privacy Policy governs your access of the App regardless of how you access it, and by using the App you consent to the collection, transfer, processing, storage, disclosure and other uses described in this Privacy Policy.

3. Collecting Information

When you use the App, some information may be automatically collected, and some is collected when you interact with our App. Information from which you can be personally identified may be collected, including but not limited to your email address and password (hereinafter: “Personal Information”).

The type of information that may be automatically collected is non-personal information, which includes your session durations, information about your Device and your internet connection and the frequency and scope of your use of the App.

Cherry Imaging shall only collect your Personal Information for the provision of the App and Services, via the methods detailed below:

a. Sign Up to use the App

If you wish to sign up to use the App, we will collect your Personal Information such as full name, email address, phone number, gender (optional), and selected password.

b. Logging-in to use the mobile scanner

If you wish to log-in to use the mobile scanner, we will collect your email address and selected password.

c. 3D face scan

If you wish to take a 3D model of your face by using the App, we will collect the photos produces by the 3D scan of your face, and will require access permission to the camera of your Device.

4. Use of Information

We use the Personal Information we collect from you for a range of different business purposes according to different legal bases of processing. We may use or process your Personal Information for the following purposes. One or more purposes may apply simultaneously.

Providing the Requested Services

We collect your Personal Information according to the manners mentioned in section 3 to this Privacy Policy to provide you with the requested Services.
Such collection of information will enable us to provide you with technical and professional assistance, with regard to the App and Services you are provided with or wish to be provided with.

We process the Personal Information where it is necessary for the adequate performance of the contract regarding the requested Services and provision of the App.

Improvement and Development of the Services

We collect Personal Information to improve and develop our Services and understand feedback on Cherry Imaging’s App to help provide more information on the use of our Services quickly and easily.
We collect Personal Information for ongoing review and improvement of the information provided on our App to ensure it is user friendly.
We collect Personal Information to improve the management and administration of our business and maintain our compliance with our internal policies and procedures.
We conduct surveys and research, test features in development, and analyze the information we have to evaluate and improve our App, develop new features, and conduct audits and troubleshooting activities.

We process this information in light of our legitimate interest in improving the App and Services to allow our Users to have the best experience.

Maintain a Safe and Secure Environment

We may use your information to detect and prevent fraud, abuse and security incidents in the following ways;

Verify and authenticate your identity and prevent unauthorized or illegal activity;
Enhance the safety and security of our App;
Conduct security investigations and risk assessments;

We process this information in light of our legitimate interest in improving our App and Services by enabling our Users to browse in a secure environment.

Personalize Content, Advertising and Marketing

If you have used Cherry Imaging’s Services in the past, we have a legitimate business interest for matching the data we collect with other data we had already collected.
This enables us to understand your needs and interests, optimize the content we send you, provide you with relevant notifications and make the App more suitable and relevant to your needs.
This also enables us to improve your experience on the App by providing you with personalized content, recommendations, and features.

We process this information in light of our legitimate interest to personalize your experience on the App and customize our content.

5. 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 law.

We may share your Personal Information with our affiliates, subsidiaries or any third party companies and individuals to facilitate our Services or any portion thereof, such as marketing, data management or maintenance services. In case you wish to do so, the App enables you to share information captured via the App with third parties, such as medical professionals. In such case, please note that Cherry Imaging is not responsible, nor shall it be held liable for any use of such information by such third parties.

We may share your information with analytics service providers for analytics purposes. Such analytics service providers set their own cookies or other identifiers on your Device, through which they can collect information about your usage of our App. This helps us compile aggregated statistics about the effectiveness of our App and Services.

We may also transfer your information, including Personal Information, in connection with a corporate merger, consolidation, the sale of related assets or corporate division or other fundamental corporate changes. Furthermore, information about you may also be released in order to comply with any valid legal inquiry or process such as a search warrant, subpoena, statute or court order. We will also release specific information in special cases, such as if you use the App to perform an unlawful act or omission or take any act or omission that may damage Cherry Imaging, its property and goodwill, or if there is an attempted breach of the security of the App or a physical or property threat to you or others.

6. Your Rights

You have the right at any time to request to access or modify your Personal Information. To exercise these options, you can do so via the following link: https://www.cherryimaging.com/contactus or email us to: support@cherryimaging.com.

In some jurisdictions, in particular but not limited to those located within the European Union (the "EU") or within the European Economic Area (the "EEA"), you may be afforded specific rights regarding your Personal Information. Subject to such eligibility, you may have the following rights to:

a. Request confirmation of the existence of the processing.

b. Request a rectification of your Personal Information where the information we hold about you is incorrect or incomplete.

c. Object to the processing of your Personal Information for direct marketing purposes.

d. Object to the processing of your Personal Information where our legal basis for that processing is that such processing is necessary for our legitimate interests.

e. Object to an automated decision-making (including profiling) in certain circumstances.

f. Request the erasure or anonymization of your Personal Information in certain circumstances, such as where processing is no longer necessary for the purpose it was originally collected for, and there is no compelling reason for us to continue to process or store it;

g. Receive your Personal Information or ask us to transfer it to another organization that you have provided to us, which we process by automated means, where our processing is either based on your consent or is necessary for the performance of a contract with you.

If you wish to file a request regarding any of the above or any other right you believe you have, you may contact us at: support@cherryimaging.com.

7. Notice to California Residents

This section is designated for California residents and is provided under the California Consumer Privacy Act, as amended by the California Privacy Rights Act of 2020 (“California Privacy Laws”). It explains your privacy rights, provides “notice at collection”, and provides certain mandated disclosures about how we handle your Personal Information. This section uses certain terms that have the meanings given to them by the California Privacy Laws, unless otherwise specified. Please note that some of the disclosure obligations required under the California Privacy Laws are satisfied within other sections of this Privacy Policy.

The California Privacy Laws permit some users to request to exercise certain rights. If these rights are applicable to you, you are afforded with the following rights:

a. Right of access

You can request Cherry Imaging’s for certain information about our practices with respect to your Personal Information. In particular, you can request to receive information on the following:

The categories and specific pieces of your Personal Information that we have collected.
The categories of sources from which we collected your Personal Information.
The business or commercial purposes for which we collected or share your Personal Information.
The categories of third parties with which we shared your Personal Information.

b. Exercising your California Law Rights

Please note that we will be required to verify your identity and request before an action is taken to exercise your rights. As a part of this process, government identification may be required. Moreover, you may designate an authorized agent to make a request on your behalf. We make our best efforts to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. Any disclosures we provide, will only cover the 12 months period preceding your verifiable request’s receipt. If, for some reason, we cannot reply within such time frame, our response will include an explanation for our inability to comply. If you wish to exercise your California Privacy Laws rights, please contact us at: support@cherryimaging.com.

c. Right of No Retaliation Following Opt-Out or Exercise of your Rights

If you choose to exercise your rights, we will not charge you different prices or provide different quality of our Services, unless those differences are related to your provision of your Personal Information. We will not discriminate against you for exercising any of your rights and unless permitted by the California Privacy Laws, we will not:

Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you with a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

8. CAN SPAM Act

The CAN-SPAM Act is a Federal US law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

To be in accordance with CANSPAM, we agree to the following:

Not use false or misleading subjects or email addresses.
Identify the commercial message sent to you as an advertisement when required.
Include the physical address of our business or site headquarters.
Monitor third-party email marketing services for compliance, if one is used.
Honor opt-out/unsubscribe requests quickly.
Allow users to unsubscribe by using the link at the bottom of each email.

If at any time you would like to unsubscribe from receiving future emails, you can email us at support@cherryimaging.com and we will promptly remove you from ALL correspondence.

9. Opt In or Opt Out

You are always in control of your data, and if you choose to receive information from us, or others, you can change your mind later. If, at any time, you would like to stop receiving such information or opt out of a feature, you may notify us by writing to support@cherryimaging.com

10. Data Security

We deploy industry standard, or better measures to ensure the security, confidentiality, integrity and availability of Personal Information we process. We maintain physical, technical and administrative safeguards, and test and update these periodically. We endeavor to restrict access to Personal Information on a ‘need to know’ basis for the provision of the App to you. In the event of a security breach, we will take all reasonable action to minimize any harm, including with regard to notifications. Although we will do our best to protect Personal Information, we cannot guarantee the security of data transmitted to the App, and transmission is at the Users own risk.

11. Data Retention

If you withdraw your consent to us processing your Personal Information, we will erase your Personal Information from our systems, unless the Personal Information is required for Cherry Imaging to establish, exercise or defend against legal claims or it is necessary for the performance of the requested Services.

12.Children’s Privacy

The App is not intended for children under the age of 16. We do not, knowingly or intentionally, collect information about children who are under 16 years of age.

IF YOU ARE UNDER THE AGE OF 16 YOU MAY NOT USE THE APP, UNLESS PARENTAL CONSENT IS PROVIDED ACCORDINGLY

13.Questions Regarding Our Privacy Policy

If you have any questions regarding this Privacy Policy or the practices described above, you are always welcome to contact us at support@cherryimaging.com.

14. Revisions and Modifications to our Privacy Policy

We reserve the right to revise, amend, or modify this Privacy Policy at any time. When changing the policy, we will update this posting accordingly. Please review this Privacy Policy often so that you will remain updated regarding our current policies.

15. Governing Law and Jurisdiction

This Privacy Policy will be governed and interpreted pursuant to the laws of the State of Israel without giving effect to its choice of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Privacy Policy shall be to the competent courts in Tel Aviv, Israel, to the exclusion of any other jurisdiction.

This page was updated in January 2023.

This page was updated in April 2023.