Effective date 06 December, 2024
Privacy policy
Dubai, United Arab Emirates, IFZA Properties, DSO-IFZA, Dubai Silicon Oasis
1. Introduction
1.1. This Privacy Policy (hereinafter - the "Policy") is a document of BIDFORMANCE FZCO, incorporated and registered in Dubai, license number 45692 with registered office at Building A1, Dubai Digital Park, Dubai Silicon Oasis, Dubai, United Arab Emirates (hereinafter - the "Company", “us”, “our” or “we”). This Policy describes the ways we collect, store, use, and disclose the information, including personal information, and data that our users (“Users” or “you”) provide or we collect in connection with our website available at bidformance.com and/or our mobile App in Appstore and GooglePlay if any (hereinafter – the “Website”) in connection with the services provided on the Website (hereinafter - the “Services”). Additionally, this Policy describes your rights and choices concerning your information.

1.2. Relations associated with the collection, recording, systematization, accumulation, storage, clarification, extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data, carried out using automation tools and without using such means, as well as with the protection of Information about the Users of the Website, are governed by this Policy, as well as by the current applicable law.

1.3. By using the Website, you consent to the processing of personal data in accordance with this Privacy Policy. With each access and / or actual use of the Website, the User agrees to the terms of this Policy, as well as to the terms of the Terms and Conditions available at bidformance.com (hereinafter in the editions that were valid at the time of the actual use of the Website).

1.4. The current version of the Policy is available to any User by clicking on the link bidformance.com. This Policy can be changed by the Company. Any changes to the Policy are made by the Company independently and come into force on the day following the day of publication of such changes. The User undertakes to independently familiarize himself with the changes made to the Policy. Actual use of the Website by the User after the amendments are made to the terms of this Policy constitutes the User's consent to the new terms.

1.5. Please note that the scope of this Policy is limited to information and data collected or received by the Company through your use of the Services. We are not responsible for the actions of individuals with no relationship to us or any third-party companies, the content of their sites, the use of information or data you provide to them, or any products or services they may offer. Any link to those sites does not constitute our sponsorship of, or affiliation with, those individuals or companies.

1.6. If you do not want the Company to collect, store, use, or share your information in the ways described in this Policy, you should not use our Services

2. Terms and Conditions Of The Website
2.1. Providing Services for the use of the Website , the Company, acting reasonably and in good faith, believes that the User: - has all the necessary rights to enable the User use the Website; - indicates reliable information about the User to the extent necessary to use the Services; - is familiar with this Policy, agrees with it and assumes the rights and obligations specified in it.

2.2. The Company does not verify the accuracy of the information received (collected) about the Users, unless such verification is necessary in order to fulfill the Company's obligations to the User, reflected in the Agreement, in this Policy or enshrined in applicable law.

3. How We Use Your Information
3.1. The Company’s primary goals in using your information are to provide Services to you, troubleshoot, improve and optimize our Services, contact you, conduct research and create reports for internal use. We use information collected through our Service for purposes described in this Policy or disclosed to you in connection with our Service. The Company processes the personal information for the purpose of executing the Agreement with the User, in particular to provide access to the Website, to manage and administer the Website as well as to communicate with the subject of personal data if necessary, including for sending information messages and announcements of events on the Website.

4. Description Of Information We Collect About You And How We Collect It
4.1. Other data necessary for the functioning of the Website, namely:
4.1.1. data on technical means (devices), technological interaction with the Website (including the IP address of the host, type of the User's operating system, browser type, geographical location , Internet service provider), browser history (including Content that you viewed on the Website), information about your mobile operator, time zone, information about your mobile phone, including your device model, screen resolution, operating system and Website, language settings and information about your use of the Website.
4.1.2.generalized analytical information on the use of Internet services;

4.2. Special categories of personal data concerning health, political beliefs, religious or philosophical views, and private life are not subject to processing; if local law provides other categories of personal data classified as special, then in this case the relevant provisions of applicable law shall be applied.

4.3. The Company does not intend to process biometric data (in particular, does not use an image to identify users) and special categories of data and does not process them.

4.4. We collect the information in the following ways:
4.4.1 Directly from you when you provide it to us.
4.4.2 Automatically as you navigate through the site or use the App.

5. Cookies (Or Mobile Cookies)
5.1. Cookies are small pieces of data that websites request from the browser used on the User's computer or mobile device. Cookies are stored locally on the User's computer or mobile device. Cookies contain information that allows you to determine the User's preferences, information about the equipment used, the date and time of the session, etc.

5.2. The Company collects and processes Cookies in relation to Users visiting the Website. Cookies are processed by the Company solely for the purpose specified in this Policy, on the conditions and in the manner determined by this Policy.

5.3. We use the following cookies:
5.3.1. Necessary Cookies. These are Cookies that are necessary for the Website to work.
5.3.2. Functional Cookies. These Cookies are used to identify you when you return to the Website.
5.3.3. Target Cookies. These Cookies record your visit to the Website, the pages you open and the links you click on, including your use of other websites or applications. We will use this information to make the Website and the advertisements posted on it more relevant to you. To achieve this goal, we may also transfer this information to third parties. Our service providers may also use information about your use of our Website to serve you targeted advertisements on other websites and other applications.
5.3.4. Analytical Cookies. Analytical Cookies are statistical audience measurement systems that we use in relation to our services to determine which web pages you visit and how you use the Website.

5.4. Cookies received by the Company can be processed by web analytics services.

6. Disclosing Users Information To Third Parties
6.1. The Company does not share your personal information except as approved by you or as described in this Policy.

6.2. The Company may share information we collect or derive with third parties for the following purposes:
6.2.1. With service providers that perform services on our behalf;
6.2.2. With our affiliates;
6.2.3. For analytics and research purposes;
6.2.4. When we have a good faith belief that we have to disclose the information in response to lawful requests by public authorities, including law enforcement or legal process purposes;
6.2.5. To satisfy any applicable laws or regulations;
6.2.6. When we believe in our sole discretion that our Services are being used in committing a crime, including to report such criminal activity or to share information with other companies and organizations for the purposes of fraud protection, credit risk reduction, and other security precautions;
6.2.7. To protect our or a third party’s legal rights, investigate fraud, or to defend against a legal claim;
6.2.8. As part of a business transfer such as a merger, acquisition, or at bankruptcy;
6.2.9. We may share aggregate or anonymous information about you with advertisers, publishers, business partners, sponsors, and other third parties; and
6.2.10. We may use analytics services provided by third parties. These service providers may use cookies to collect information about your online activities across this and other sites over time for non-advertising purposes.

7. Choices About How We Use And Disclose Your Information We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

7.1 Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

7.2 Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers' target-audience preferences, you can opt-out. For example:
7.2.1 You can opt out of seeing online interest-based ads from Facebook and other participating companies through the Digital Advertising Alliance in the US, the Digital Advertising Alliance of Canada in Canada or the European Interactive Digital Advertising Alliance in Europe or through your mobile device settings. Please note that ad blockers and tools that restrict our cookie use may interfere with these controls.
7.2.2 You can choose whether or not to allow the App to collect and use real-time information about your device's location through the device's privacy settings. If you block the use of location information, some parts of the App may become inaccessible or not function properly

8. Security Safeguards
8.1. The Company takes reasonable measures to protect your information from unauthorized access or against loss, misuse or alteration by third parties. Although we make good faith efforts to store the information collected on the Services in a secure operating environment that is not available to the public, we cannot guarantee the absolute security of that information during its transmission or its storage on our systems. Further, while we attempt to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining access to this information. We do not warrant or represent that your information will be protected against, loss, misuse, or alteration by third parties. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security.

9. Data Retention
9.1. The Company retains your personal data for as long as needed to provide you Services, unless we are required by law to delete or if the Company accepts your request to delete the information. We will also retain and use your personal data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements

10. Our Policy Regarding Children
10.1. We do not knowingly collect or solicit personal data from anyone under the age of 18 or knowingly allow such persons to use our Services. If you are under 18, please do not send any information about yourself to us, including your name, address, telephone number, or email address other than with affirmative authorisation of your parent or guardian. No one under the age of 18 may provide any personal data. In the event that we learn that we have collected personal data from a child under age 18, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under the age of 18, please contact us.

11. Transfer of Personal Data Outside Your Country
11.1. We may transfer information that we collect about you to affiliated entities, or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world. Please note that these countries and jurisdictions may not have the same data protection laws as your own jurisdiction, and we take steps to ensure adequate safeguards are in place to enable transfer of information and the use and disclosure of information about you, including personal data, as described in this Policy.

11.2. For EU Users the Company warrants and represents that it is fully compliant as a data controller under the Data Protection Law to the extent that it is applicable to the processing of the Personal Data. The Company undertakes to perform its obligations under this Agreement and to continue to comply with applicable Data Protection Law including, if the Company passes the Personal Data to the administrator, or if parties are otherwise directed to send their Personal Data to the administrator in connection with investment into the Company, the Company shall ensure it has provided adequate notice to such parties as required by Data Protection Laws relating to the Processing by the Administrator of such Personal Data and to the transfer of such Personal Data outside of the UAE, the European Economic Area or countries in which an adequacy decision has been adopted by the European Commission pursuant to Article 45(3) GDPR or remains in force pursuant to Article 45(9) GDPR.

12. Specific Provisions for California and Nevada Consumers
12.1. These additional provisions for California consumers apply only to individuals who reside in California. The California Consumer Privacy Act of 2018 (“CCPA”) provides additional rights to know, delete and opt-out, and requires “businesses” collecting or disclosing personal information to provide notice and a means to exercise those rights. However, please know we are not currently subject to the applicability conditions triggering that statute's requirements.

12.2. Categories of personal information collected in the preceding 12 months:
12.2.1. See Section 4 above;
12.2.2. See Section 5 above;

12.3. Right to Know and Right to Delete. For any of the personal information described above, you can request to know what personal information we collected, disclosed, used and sold, and request that we delete your personal information at any time.

12.4. To exercise your right to know and right to deletion, please submit a request by: - Emailing hello@bidformance.com with the subject line “California Rights Request.” We will need to verify your identity before processing your request. In order to verify your identity, we will generally require the matching of sufficient information you provide us to the information we maintain about you in our systems. In certain circumstances, we may decline a request to exercise the right to know and right to deletion, particularly where we are unable to verify your identity. Upon verification of your request, we will delete (and direct our service providers to delete) your personal information from our records, unless retaining the information is necessary for us or our service providers to complete the transaction with you, detect security incidents or fraud, fixing errors, exercise free speech or another right provided by law, comply with legal obligations, or other internal and lawful uses.

12.5. Right to Opt Out of Sale. CCPA gives you a right to direct a business that sells your personal information to stop selling your personal information and to refrain from doing so in the future. We do not sell any of your personal information and will require our service providers not to sell your personal information.

12.6. You also have the right not to be discriminated against for exercising any of the rights listed above.

12.7. If you are a California resident seeking to exercise your rights under the CCPA or have any questions or concerns, please email us at hello@bidformance.com. In certain circumstances, you are permitted to use an authorized agent to submit requests on your behalf where (i) you provide sufficient evidence to show that the requestor is an authorized agent with written permission to act on your behalf and (ii) you successfully verify your own identity with us.

12.8. We aim to respond to a consumer request for access or deletion within 45 days of receiving that request. If we require more time, we will inform you of the reason and extension period in writing.

12.9 California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to hello@bidformance.com.

12.10 Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to this designated address: hello@bidformance.com. However, please know we do not currently sell data triggering that statute's opt-out requirements.

13. Contact Us
13.1. You may contact us at email:hello@bidformance.com