Terms of Use & Privacy Policy
Terms of Use and Privacy Policy
1. The following document, which includes the terms of use and privacy policy (hereinafter: “the
Terms”), governs the conditions for using the various digital services offered on the website at:
www.hms.co.il, in the associated application, and on any other digital platform (hereinafter
collectively: “the Site”) operated by Dov Halperin Consultants Ltd. and any other company in
the hms group (hereinafter collectively: “the Company”). The Terms apply to any user or visitor
of these services (hereinafter: “the User”).
Applicability of the Terms and Agreement to Its Conditions
2. The Terms apply to any access or use of the Site and the services offered through it. The mere
browsing of the Site constitutes your agreement to the Terms, including the privacy policy
contained therein. If you do not agree to these terms, you must immediately cease using the Site.
3. These Terms and the privacy policy contained herein are written in masculine form for
convenience only, and refer to both women and men equally. Everything stated in singular form
also refers to the plural and vice versa.
4. The division of the Terms into sections and section headings is for convenience only and shall
not be used for interpretation purposes.
Updates and Changes to the Terms of Use
5. The Company reserves the right to change the Terms, in whole or in part, at any time and
without prior notice, at its sole discretion. If changes are made that the Company deems to be
material changes to the Terms, the Company will inform Users about these changes a reasonable
time before they take effect by publishing an appropriate notice on the Site. The binding version
of the Terms will be the one published on the Site at the time of use. Continued use of the Site
after a change in the Terms constitutes agreement to the updated Terms. We recommend
reviewing the Terms from time to time.
Use of the Site and Services
6. The Site and the digital services offered on it are intended to provide Users with information
about the Company and its services, and more. The use of these services is subject to compliance
with all the Terms, as well as all relevant legal provisions.
7. Site Users may be directed to the Site by external sites of various entities. The direct referral is
due to the nature of the Site.
8. Browsing the Site and using it and its services, even after being referred by sites of any third
party, indicates the User’s agreement to the provisions and terms of these Terms, including the
User’s commitment to act in accordance with them. Therefore, you are requested to carefully
read the terms specified above and below.
User Responsibility
9. Use of information and content on the Site: The right to use the information and content
displayed on the Site is reserved for the User only, and is subject to the terms of use. No
commercial use of this information should be made, for profit or other purposes, and no use
permissions should be granted to third parties, whether for compensation or not, without written
approval in advance from the Company. Also, it is prohibited to publish, reproduce, display on
the Internet or in any other service the information from the Site without explicit prior written
consent from the Company, and subject to the conditions that will be determined in this consent,
if given. The User undertakes not to collect or store information and content from the Site using
any software, and not to distribute the information commercially or in any commercial
framework.
10. Compliance with terms of use and law: The User undertakes to use the Site, the
information, products and content therein in accordance with the law and in accordance with the
provisions of the terms of use.
11. Prohibition on linking and unauthorized use: The User undertakes not to link to the Site,
use it, or use the information and content therein for the purpose of uploading, downloading,
distributing, publishing, or broadcasting: (a) information or material that violates any rights,
including intellectual property rights or privacy rights; (b) information or material that is illegal
or prohibited for publication, such as offensive, threatening, degrading, defamatory, racist or
inappropriate material; (c) information or material containing viruses or software that may harm
computer systems of the Company or third parties, or which may interfere with or prevent others
from using the Site; (d) information or material including advertising of any kind without prior
written approval from the Company.
12. Changes to source code and damage to the Site: The User undertakes not to make
changes to the source code of the Site, or to the information and content therein, and not to
upload software or applications that may harm or cause damage to the Site, the Company, or
other third parties.
13. Interference and disruption of Site activity: The User undertakes not to harm, burden or
disrupt the operation of the Site, the servers hosting the Site, or violate any law, regulation,
procedure, or policy of the servers. Also, the User undertakes not to perform actions that create
or may create an unreasonable load on the Site’s infrastructure, and not to bypass the security
measures used by the Company to prevent or limit unauthorized access to the Site.
14. Measures against improper use: The Company reserves the right to take necessary
measures in cases where it fears that the User’s use of the Site does not comply with the terms of
use or any law. These steps may include, among other things, termination of the User’s access to
the Site (including IP number blocking), tracking the User’s use of the Site, transferring usage
patterns to competent authorities or third parties affected by the use, and any other action that the
Company deems appropriate to protect its rights, the rights of third parties or its property,
temporarily or permanently, at the sole discretion of the Company.
Intellectual Property Rights
15. All data and information found on the Site including texts, data, images and videos, except
for information found in links to other sites that the Site refers or may refer to, and all intellectual
property rights associated with them, including copyrights, patents, trademarks, logos, site
design, are the property of the Company and/or another third party with whom it is associated.
The information and services provided by it on the Site should not be seen as granting any
license or any rights to the said intellectual property. It is prohibited to copy or publish the Site
pages in whole or in part and/or make any use of them or the information contained therein,
including commercial use, without the express prior written consent of the Company.
Cookies
16. The Company may use small text files called “Cookies”, created in your browser by
command from the Company’s computers. These files are used for the ongoing operation of
digital services, to verify your details and identity, as well as to collect and analyze various
statistical data regarding your use of online services. This information helps to tailor the services
and products to your personal preferences, and allows targeting of advertisements and marketing
content based on the data collected and processed. Also, this information may be cross-
referenced with other data collected on your use of additional online services offered by the
Company or on its behalf.
17. Use of third-party Cookies: The Company may also use Cookies originating from third
parties, such as Google Analytics and additional statistics and advertising services provided by
companies like Google and Facebook. These Cookies are used to characterize and monitor
events and actions in digital channels in an aggregate and unidentified manner. These Cookies
collect information such as length of stay on the site, browsing method, your IP address, device
location, connection times, and other digital identification. This information is also used to
protect information security, prevent fraud and unauthorized uses.
18. Storing data in Cookies: Cookies allow saving details you entered in various forms on the
site or in registration areas, thereby saving you the time required to enter them on future visits. In
addition, Cookies may contain information about the pages you visited, your length of stay on
the site, and your source of arrival to the site. The information stored in these files is encrypted,
and the Company takes precautions to ensure that only the Company’s computers or those on its
behalf can read and understand the information stored in them.
19. Managing Cookies: If you do not want to receive or activate Cookies, you can block them at
any time through your browser settings. Some Cookies may expire after you close the browser or
the application, and others may be saved in your device or computer memory. You can delete the
Cookies at any time, but it is recommended to do so only if you do not want the site and the
services offered on it to be tailored to your personal preferences.
Links to External Sites
20. The Site may contain links to third-party sites. The Company is not responsible for the
content of the linked sites, and any use of them is at the User’s sole responsibility. It is possible
that on these sites and pages the User will be asked to register, provide various details, etc. It is
agreed that the Company has no knowledge, control or responsibility for what happens on these
sites. Providing details and registering on these sites is not subject to the privacy policy of the
Site but to the privacy policy of those linked sites and to the provisions of any law. Browsing
these sites and pages, as well as any other action performed by the User in connection with them,
is the responsibility of the User and the owners of the linked sites only, and the User will not
have and hereby waives in advance any claim and/or lawsuit and/or demand against the
Company and/or anyone on its behalf for loss, deficit or direct and/or indirect damage resulting
from reliance on and/or use of content and/or information published on these sites.
21. The Company reserves the right to remove links appearing on it from the Site at any time at
its sole discretion, or to refrain from adding new links.
Registration, Information Submission and Storage
22. As part of receiving some of the online services, the User may leave their details in the
“Contact Us” form and/or send their resume through the dedicated page for this purpose. Within
these pages, the User may be required to provide certain details such as full name, email address
or other required details (hereinafter collectively: “the Information”). The fields required to be
filled will be clearly marked. In case the User chooses not to provide the required information in
the mandatory fields, it will not be possible to transfer the information to the Company.
23. Personal information provided by the User, if provided, will be kept in accordance with the
provisions of the law and will be used for various purposes, including contacting, data processing
for statistical analysis and research, as well as handling inquiries as needed.
24. The Company takes reasonable measures to protect the User’s privacy and prevent
unauthorized access to information, while granting limited and controlled access to relevant
parties only. Those authorized to access the information on behalf of the Company will be
determined by the Company in accordance with all legal rules.
25. The responsibility for providing the information and/or personal information lies with the
User, and the User declares that the information provided by him is accurate, it is provided of his
own free will and belongs to him or he has been authorized to provide it on behalf of another
third party and the User will be solely responsible for providing the information.
Privacy Policy
26. The Company is committed to protecting the privacy of Users and securing the personal
information provided to it in the context of using the Site and digital services. This privacy
policy details the types of information collected, how it is used, and the policy for transferring
information to third parties.
27. “Personal Information” means any information collected by the Company or provided to it by
the User in the context of using the Site or the services included therein, through which the User
can be reasonably identified and/or information protected under the Privacy Protection Law,
5741-1981, including, but not limited to, first name, last name, ID number, residential address,
phone number, email address, areas of interest, consumption and behavior habits, financial
information, communication data, additional information when contacting and corresponding
with the Company, etc. Use of personal information about a User will be made only in
accordance with what is specified in these Terms and/or provisions of the law.
28. The Site does not collect identifiable personal information about you unless you provide this
information on your own initiative.
29. You are not obligated by law to provide personal information to the Company and
providing personal information is done of your own free will and with your consent, however,
you agree that without providing the information, the Company may not be able to offer you the
services included on the Site, in whole or in part, or you may not be able to use all the options,
content or information offered through the Site.
Use of Information and Transfer of Information to Third Parties
30. The Company uses the personal information collected to provide services, improve services,
send updates and marketing information (subject to your consent), as well as for internal
management and control purposes. The information will not be transferred to third parties except
in cases where it is required for the provision of services, compliance with legal provisions, or
protection of the Company’s rights.
31. The Company undertakes not to make use of the personal information in its possession,
except for purposes directly or indirectly related to the services provided by it.
32. The Company takes reasonable and accepted measures to protect the privacy of your
personal information and prevent its transfer to third parties. However, the Company may
transfer the information in the following cases:
– When required for the purpose of providing the services and content offered on the Site or by
the Company, including collaboration with suppliers, consultants, affiliated companies, and
companies providing data processing and storage services.
– Upon your explicit request or with your consent, or for the purpose of providing a service you
ordered or registered for.
– When the transfer of information is required to complete a request, inquiry, service or payment
you ordered.
– In case of a violation of the terms of use on your part, or an attempt to perform an action
contrary to the terms of use or any law.
– By judicial order, demand of a competent authority, or to prevent the commission of an offense.
– When the Company believes that the transfer of information is necessary to prevent serious
damage to property or body of a person, or to prevent other serious damage according to its
discretion.
– In case of a dispute, claim, lawsuit or legal proceeding between you and the Company.
– When the Company transfers or assigns its rights or activities to third parties, provided that
they accept upon themselves the provisions of the Terms.
– In case of reorganization of the Company’s activities within another entity, including merger
with another entity, the Company will be entitled to transfer the personal information
accumulated about you, provided that the new entity accepts upon itself the provisions of the
privacy policy.
33. The above does not prevent the Company from transferring to third parties aggregated
information, which is not personal, or which does not identify you by name or identity details
directly or reasonably, and does not violate your privacy.
34. In accordance with the Privacy Protection Law, 5741-1981, you are entitled to review
information about you in the Company’s databases, insofar as the information is held by it, and
also to request to correct or delete information that is not correct, complete or accurate. Such a
request should be submitted in writing through the “Contact Us” page on the Site, or by letter to
the address: Dov Halperin Consultants Ltd., 77 Ben Gurion Blvd., Tel Aviv. The inquiry details
should include your full name, address, email and phone number for contact. The Company will
endeavor to respond to any reasonable request within a reasonable time. In case of refusal of a
request, the Company will notify in the manner and way determined in the regulations under the
Consumer Protection Law. In case of refusal to allow review or correction of information, you
are entitled to appeal as detailed in the regulations. In addition, if the information is used for
personal approach to you, you are entitled to demand in writing its deletion from the information
database.
Marketing Communications
35. Without derogating from the above and below, the Company is entitled, but not obligated, to
send the User updates, reminders, information, newsletters, etc. (hereinafter: “Marketing
Communications”) inter alia by email, text messages (SMS), mobile messaging applications
(such as Viber, WhatsApp and the like) subject to obtaining the User’s consent in accordance
with Section 30A of the Communications Law (Telecommunications and Broadcasting), 5742-
1982. The User can notify the Company, at any time, that he is not interested in receiving
Marketing Communications by contacting the Company in writing or through the same method
by which the Marketing Communication will be sent, according to the User’s preference.
Information Security
36. The Company invests considerable effort and resources in securing the Site, including
protecting the information displayed on it, made accessible through it, or submitted through it,
using reasonable and accepted security measures, including information entered into the Site’s
systems by Users.
37. In addition, the Company takes reasonable measures to protect the Site and the hardware and
software components related to its operation, and updates them regularly to protect the Site and
its contents from unauthorized intrusions, breaches, or interceptions.
38. Despite the Company’s efforts to protect the information, communication networks,
computers, servers and websites are exposed to attacks and intrusion attempts by various entities.
The Company takes several security measures to maintain the privacy of information provided in
the context of using the Site. However, it should be recognized that full protection cannot be
guaranteed, and there may be security breaches and unauthorized intrusions to the Site. The User,
by browsing the Site and providing User details, releases the Company and/or anyone on its
behalf from any responsibility for damage caused to him or anyone on his behalf due to attacks,
intrusion attempts, or unauthorized intrusions, and waives any claim in this regard.
Limitation of Liability
39. The Company is not responsible for any direct or indirect damage caused as a result of using
the Site, including as a result of interruptions, malfunctions, disruptions, or unavailability of
services. The Company does not guarantee continuous availability of the Site or services, and it
is entitled to discontinue the Site’s operation for maintenance, upgrade or any other reason, at its
sole discretion.
40. Despite the Company’s efforts to ensure a quality and safe user experience on the Site, there
may be malfunctions or disruptions that may cause unavailability of the Site from time to time.
The Company, or anyone on its behalf, will not be liable for any damage, loss, or expense,
including special, indirect or consequential damages, caused as a result of the activity or
inactivity of the Site, including errors, malfunctions, or technical failures in viewing or accessing
information.
41. The Site, services and content available on it or through it, are offered for use as is (AS IS),
without any commitment from the Company regarding their availability, quality or suitability for
the User’s needs.
42. The Company is not responsible, directly or indirectly, for the availability, truthfulness,
reliability or accuracy of content or data provided by third parties and displayed on the Site. Any
reliance on these contents and services is done at the User’s sole responsibility.
43. The details of the institutes are the data provided to the Company by the institutes and the
Company has no responsibility for the completeness or correctness of this information.
44. Without prejudice to what is stated in these terms of use, the Company and/or its
representatives shall not be liable or responsible in any of the following cases:
- Losses or damages: The Company will not be liable for any expense, loss, or damage,
whether direct, indirect, consequential or circumstantial (including financial loss, loss of profits,
loss of business opportunities, loss of goodwill, depreciation, etc.), caused to the User or any
third party in connection with the use of the Site or as a result of acts or omissions of the
Company and/or anyone on its behalf. - Malfunctions and disruptions: The Company will not be liable for any malfunction, delay
or disruption in the use of the Site, as well as any expense, loss or damage caused by reasons
beyond the Company’s control, including but not limited to governmental order or regulation,
disruptions in communication systems, natural disasters, lack of public services, failures in
transportation systems, failures due to fire, floods, explosions, accidents, epidemics, strikes,
lockouts, disturbances, wars, terrorist actions or closure. All of these will not be considered as a
breach of the terms of use and will not entitle the User to any remedy. - Acts of the User or third parties: The Company will not be liable for any expense, loss or
damage caused due to actions or omissions of the User and/or third parties, including
communication providers. This includes any malfunction or disruption, temporary or permanent,
in communication lines. - Breach and intrusion of information: The Company will not be liable for any expense, loss
or damage caused due to unauthorized access, attacks, breach or intrusion of information (or
attempts to perform any of these actions) via communication lines or other networks. - Maintenance and upgrades: The Company is not responsible for expenses, losses or
damages caused to the User as a result of updating, canceling or removing functions on the Site,
or shutting it down for reasonable periods of time for maintenance or upgrade purposes.
45. The Site may contain inaccuracies or typographical and editorial errors. Despite efforts to
avoid errors, the Company is not responsible for errors or deficiencies that occurred in good faith
in the content or services offered on the Site. The User must perform all necessary checks
regarding the services or data displayed by themselves.
46. Malfunctions or disruptions in receiving User details on the Site do not and will not
constitute grounds for a claim or lawsuit by the User against the Company.
47. Any content, data or information provided by third parties and displayed on the Site is
provided under the sole responsibility of the third party, and the Company bears no responsibility
for them.
48. The use of the Site, services through it, and content available through it is limited to private
and personal purposes only. The Site should not be used for commercial purposes or for any
other purpose without prior written approval from the Company.
49. The Company reserves the exclusive right to allow, restrict, or prohibit the User’s access to
the Site at any time, at its sole discretion. In addition, the Company may change or discontinue
the operation of the Site, in whole or in part, at any time and without prior notice, as required,
without this granting the User any right, claim or lawsuit.
Miscellaneous
50. The Terms constitute the entire agreement between the User and the Company regarding the
use of the Site and digital services. Any change or waiver of any condition from the Terms will
be made in writing and will bind the Company only if approved by it.
51. The Company will be entitled to act by way of suspension, blocking and/or taking any legal
or other action against any User who violates any of the terms of these Terms.
Law and Jurisdiction
52. The Terms and the use of the Site shall be governed solely by the laws of the State of Israel.
Any dispute that arises in connection with the Terms, their interpretation or the use of the Site
will be resolved in the competent courts in Tel Aviv only.