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Terms of Use

Terms of Use for the Website of the IBI Investment House Ltd. Group and its Subsidiaries

  1. Preamble
    • Welcome to the website (hereinafter, the “Website” or the “Services”) of IBI Investment House Ltd. and its subsidiaries (hereinafter, “IBI Group” or “IBI” or the “Group”), which provide unique solutions in numerous financial fields for tens of thousands of private, institutional and corporate clients in Israel and around the world.
    • IBI Group” – the members of the IBI Group include IBI Investment House Ltd. and/or Israel Brokerage and Investments – IBI Ltd., and/or IBI Amban Investment Management Ltd. and/or IBI Mutual Funds Management (1978) Ltd. and/or Poalim IBI Management & Underwriting Ltd. and/or Poalim I.B.I. Underwriting & Issuing Ltd. and/or Edgar Underwriting Ltd. and/or Orot Investment Ltd. and/or Four Seasons Pension Insurance Agency Ltd. and/or IBI Holdings Ltd. and/or Pleshet Investments Ltd. and/or IBI Trust IL Ltd. and/or Steps Holdings (1993) Ltd. and/or Steps Investments in Technology Ltd. and/or Kezah Securities Ltd. and/or CFX Market Ltd. and/or Comrit Investments Ltd. and/or IBI Volcano Holdings Ltd. and/or IBI Pension Insurance Agency 2015 Ltd. and/or IBI Partners Ltd. and/or I.B.I Real Estate Partnerships Ltd. and/or IBI Tevel Ltd. and/or IBI Lion Management Group Ltd. and/or any other subsidiary and/or company affiliated to one of the companies listed above.  Let it be clarified that these Terms of Use do not apply to the website of subsidary, I.B.I Capital Ltd. at the following links https://mycapital.ibi.co.il/account , https://capitalmanagers.ibi.co.il/login.
    • The Terms of Use below apply solely to the use of the Website. However, the term “Website” refers to all parts of the Website and any type of content on the Website whatsoever, including all the information and content included on the Website, whether open to users or not. Additionally, the term “Website” also refers to parts of the Website, which are accessed through other addresses and similar domain names. This document does not apply to the terms of use of the application, through which it is possible to enter the Personal Area.
    • The Terms of Use apply to use of the Website and the content on it via any computer or other communications device (such as a smartphone, tablet, etc.). Furthermore, the Terms of Use apply to use of the Website whether via the internet or any other network or means of communication.
    • Use of the Website for any purpose whatsoever, including entry and/or navigation for use of a Service, is subject to this document and the Group’s Privacy Policy, which jointly constitute a binding legal document between the user and the Group. The use of the Services will be considered the user’s consent to all the terms, stipulations and notices included in this document. Therefore, by using the Website (including all the content appearing on it, including use of the Service), the user declares that they have read and understood the Privacy Policy and Terms of Use documents and agreed to their terms.

 

  1. Confidentiality
    • IBI undertakes to keep confidential and not to transfer, show, provide, inform, disclose, copy or bring to the attention of any party, either directly or indirectly, the user’s personal information without their advance written approval, and for an unlimited time – even after the user no longer uses the online Service, except in accordance with the Privacy Policy and Terms of Use.
    • IBI will maintain the confidentiality and information security of all the user’s information and will take all the measures required to protect and secure the information and ensure that access to the information in the Private Area is provided to the user and IBI for use and operation of the system and to its representatives who have received authorization for this purpose, after IBI has had them sign a confidentiality agreement.
    • In an agreement with the third party, IBI will include all the obligations that apply to it regarding the information as part of the agreement.
    • IBI undertakes to separate the information in the Personal Area from the rest of the information found on its information systems.

 

  1. Information security
    • IBI Group believes strongly in protecting the privacy of users and in the security of their information and invests significant resources to protect the information of its customers and Website users.
    • IBI uses “secure browsing” technology so that its servers are not directly connected to the internet, but are isolated through several layers of protection designed to prevent harm to servers that hold information, including personal information of the Website’s users. Additionally, IBI Group uses TLS technology to encrypt the personal information sent to IBI Group from users of the Website.
    • In some cases, IBI may send the information to a third party, subject to the provisions of the law and subject to the Privacy Policy and Terms of Use. Let it be clarified that despite the identification methods and high level of caution implemented by IBI Group, there are various risk involved in the use of the Website, including viruses, worms, Trojan horses, software applications, penetration of the databases, impersonation, errors, disclosure and/or alteration of information by an unauthorized party, etc. IBI Group and/or a party acting on its behalf and/or any of its officers will not be liable for any damage or loss and/or expense that may arise as a result of use of the Website.
    • In any event, IBI Group or any party on its behalf, will not send you any request to receive your account details and password, and any such notice, if sent, is false and an attempt at phishing to misuse your information.
    • Precautions and rules for safe internet use –
      • Any customer who wants to receive information over the Website is given an initial personal password and username which are personal and confidential. The user is responsible for changing the initial password according to the following rules: select an access password that is difficult to guess and which you do not use to identify yourself on other websites. The access password will be made up of both letters (uppercase and lowercase) and numbers. The password will have at least 8 characters.
      • The user is responsible for proper use of the username and password, authorization to access the information and protection of the resources of the user’s computer systems.
      • Refrain from openly displaying your password and username and do not give them to other people, even if the person identifies themselves as a representative of IBI Group.
      • Do not save the password in a file on your computer in order to prevent the file from being stolen.
      • The Personal Area interface systems implement an automatic disconnection system after a period of time with no activity in the user’s account, and in any case, the account will be disconnected each day at 00:00 (US time). In any event, the user is responsible for logging off immediately after completing their activity in the account, in order protect their account from malicious use or by any other unauthorized party.
      • To identify that you are in a secure area on the IBI Group Website, note that the URL that appears on the landing page of your personal account on the IBI Group Website is made up of the letters https (and not http) and that a lock symbol appears in the address bar, indicating that communication is encrypted. Click the lock symbol that appears on the screen that requires customers to log in. Double-clicking the lock will display the digital certificate that confirms that it is the IBI website. Make sure that the certificate was issued to IBI Group and that it is valid.
      • We recommend that you refrain from using the IBI Website from a public computer and open wireless network. Enter the URL of the IBI Website and refrain from entering the Website by clicking on links or e-mails that could be a source of fraud. Do not send sensitive information such as a password or your credit card information via e-mail or on websites, including to someone who presents themselves as an IBI representative.
      • When browsing from home, it is advisable to ensure that you have an anti-virus program installed on the computer that updates itself regularly and that your operating system is updated with security updates that are issued and distributed by the manufacturer. It is also advisable for you to use other programs such as a firewall and anti-spyware, which prevents entry and action by programs that could collect information on the computer from which the Website is entered.
      • As a rule, a user account will be locked after three failed login attempts (in Spark after 5 failed attempts). To unlock the account, contact Customer Service or reset the password through Forget Password on the first page of the Personal Area.
      • The user may export reports from the Website to their personal computer and/or to the device they use to connect to the Website. The export of the reports from the Website will be the sole responsibility of the user. It is clarified that the reports may contain sensitive information and providing them to a party that is not authorized to receive and/or keep it goes against the relevant provisions of the law and may be a violation of the law.
      • Let it be clarified that IBI Group is not responsible for the privacy protection policy and information security of websites for which there are links on the Website nor for content of information that is provided by third parties. We refer you to the privacy policy and terms of use of said third parties.

 

  1. User obligations
    • The user undertakes to make appropriate use of the Website and information published on it and not to perform any operation that constitutes forgery, impersonation, deception or fraud using or through the Website and against IBI or any party on its behalf.
    • The user undertakes not to upload, retrieve, transmit, distribute or publish information or other content that contains advertising of any kind whatsoever, without advance explicit authorization from IBI.
    • The user undertakes not to make any commercial use of information and content on the Website or any part thereof.
    • The user agrees that without derogating from any other right of IBI, in cases in which IBI is concerned that the user’s use is not in line with the provisions of the Terms of Use and Privacy Policy and/or any law, IBI will be entitled to take any action it finds appropriate to protect its property and/or rights and the rights of other users and, inter alia, to prevent the user from accessing the Website and to document and/or trace the user’s use of the Website. It is further clarified that IBI may provide information about the identity of the user and the actions performed on the Website to third parties, including in the event that the third parties prove to the satisfaction of IBI that they have been harmed by the user’s infringing activity.
    • The user will be responsible for any use done using their password, access code or authorization.
    • The user bears full responsibility towards IBI and will compensate and/or indemnify it upon its first demand for any damage, loss, expense, demand and/or lawsuit and/or claim by any third party with respect to that set out in this section.

 

  1. Miscellaneous
    • For the ongoing operation of the Website and collection of the statistical data, IBI may make use of technological tools, including storage of IP addresses and use of cookies. For further information, please see the Website’s Privacy Policy.
    • Any information provided by users of the Website will constitute the Website user’s consent for IBI Group a party acting on its behalf to use the information they provide. IBI is entitled, at its sole discretion, to use the information collected for statistical processing, segmentation and marketing focus, including direct mail.
    • IBI reserves the right to change the Website, its structure, appearance, content, scope of the Services provided on it or any other change, at its sole discretion. No user shall have any claim, lawsuit and/or demand against IBI in respect of performance of said changes and/or in respect of malfunctions or direct or indirect damage that may occur due to performance of the changes to the IBI Website, including temporary or permanent termination of the Website’s activity.
    • The intellectual property rights to the Website belong to IBI, excepting use of the Website for provision of the Service. No use of it whatsoever should be made, including copying, changing, distributing, allowing other to make commercial use of it.
    • For your information, IBI’s systems have an automatic mechanism to record and document all your activity or attempts to perform activity, by law, for information security and privacy protection purposes.
    • The information presented on the Website does not constitute legal advice nor any other opinion or advice. Use of the information and content will be done at the sole discretion and responsibility of the user.
    • It is possible that the Group will be active in the types of securities and financial assets mentioned on the Website or that they can be reached through links. The Group’s investment managers may act with securities or financial assets in both directions (purchase and/or sale) from time to time.
    • Any information that relates to mutual funds does not constitute a proposal for the purchase of units in the mutual funds. Any information that relates to a specific security or financial asset, whether published on the Website or whether it can be reached through links, does not constitute a proposal or recommendation.
    • Said information on the Website is not the expression of any opinion about the companies reviewed on it or about the nature and terms of the securities offered by said companies. The Group participates in public and/or private issues, and it may participate in issues of companies about which information is published on the Website.
    • Nothing in the information presented on the Website constitutes investment advice/marketing and/or a substitute for personal consulting that takes into consideration and is aligned with the needs and assets of each person by a certified investment consultant and, therefore, the Service does not constitute a recommendation or opinion, and it does not replace the user’s independent discretion.
    • The Group hereby clarifies that the information included on the website is for general and informational purposes only and does not constitute a recommendation or persuasion to conduct transactions with the Group and/or any other party. Prior to effecting any transaction, investment or assumption of any liability based on the information found on this Website or linked websites, the Group recommends that the user consult ש certified professional consultant/marketer in the relevant field. In any event, the user agrees and is aware that any reliance on declarations, statements of opinion, advice or any other information presented on the Website is done at the user’s discretion and is their sole responsibility.
    • Nothing stated on this Website will be viewed as an undertaking by the Groupto achieve surplus yields.
    • It is clarified and agreed that the use of the online Services on the Website, in whole or in part, are operated by third parties that provide the Group with its information systems.
    • The user may opt to use part or all of the Services offered on the Website. Additionally, it is possible that some of the Services are still inactive and that these Services will be made available to the user when activated.
    • Nothing stated in these Terms of Service derogates from the validity of any other agreement between the Group and the user.

 

 

  1. Databases and privacy protection laws
    • The information about the user will be stored in IBI’s secured databases and/or for it by a party acting on its behalf, and may be used solely and only in accordance with these terms, above and below, and including for management, handling, operation and streamlining of Services that are provided or offered to me by IBI Group, which may use it for statistical analyses and direct mail for the user on behalf of the Group companies in offers for products and/or various financial services that are marketed by the Group companies by law.
    • IBI undertakes to uphold the provisions of the Protection of Privacy Law, 1981 (hereinafter, the “Protection of Privacy Law”), including Chapter B of the law (Protection of the Privacy of Databases), the regulations promulgated under the Protection of Privacy Law, including the Protection of Privacy Regulations (Information Security), 2017 (“Information Security Regulations”), the relevant guidelines of the Database Registrar, and all as updated from time to time.
    • IBI undertakes that the information was obtained by law and that it received all the approvals and permits required under the Group’s procedures and the law for the transfer of the information for processing in its systems and/or the systems of third parties acting on its behalf in Israel and/or overseas, and the transfer of the information to IBI and the use IBI and/or third parties on its behalf makes of it does not negatively impact the privacy and/or other rights of the user.

 

  1. Direct mail
    • IBI Group may make use of the information in its databases for the following purposes as well:
      • Marketing, advertising, sales promotion, contacting the user in any manner, including by direct mail through any media outlet found suitable, including in writing, print, by phone, fax, via the computer or by other means;
      • To manage mailings, encourage loyalty, statistical analysis and research, conduct surveys and any other online use regarding mailings;
      • For the purpose of mailing marketing and advertising materials, including through cookies.
    • The user is aware that they may withdraw this consent at any time and ask to be removed from a certain distribution list or all, by contacting the Group’s Customer Relations Call Center by e-mail Rachell@IBI.co.il and/or through the removal mechanism in the mailing sent to them.
    • IBI will not be considered to have violated its privacy obligation or to have violated the privacy of the user due to any information, as defined in the Computer Law -1995, that can identify a user or allow a third party to track them, and that arises from the use of electronic means of communication in general and computer communications in particular.
      • IBI will not provide the user’s information to third parties, except for in any one of the cases listed in its Privacy Policy.
  1. Limitation of liability
    • The Service on the Website is provided for use “as is.” Therefore, there will be no claim, lawsuit or demand against IBI for the attributes and manner of the Service, its abilities, limitations or its adaptation to the needs and demands of the user.
    • Communications networks and websites are exposed to attacks and hacking attempts by various parties. IBI takes a number of security measures to protect the privacy of the information that is entered by users on the Website, however the user should know that it is not possible to fully guarantee this, and there may be security breaches and penetration to the information. IBI does not guarantee that the Services and the information on the Website and on the servers that store the information will be fully immune to unauthorized access to the information stored on them. When registering for mailings, the user releases IBI and/or a party acting on its behalf from liability for any damage they and/or anyone on their behalf incur due to attacks, hacking attempts and penetration to the information, as aforementioned, and they waive any claim and/or demand of IBI as a result.

 

  1. Choice of law and legal jurisdiction
    • Israeli law alone shall apply to the Terms of Use.
    • Any dispute regarding the Terms of Use will be heard in the courts in Tel Aviv, and they will have the sole jurisdiction to address these Terms.
    • The Service is not offered if it is not permitted by law at the location of the user.

 

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