Thank you for visiting (the “Website“), a service of Powerball Centers Ltd. (“Powerball“). Please read this Website Privacy Policy (this “Privacy Policy“) and the Website Terms of Use posted on the Website (the “Terms of Use“) carefully. By accessing the Website in any manner, including through any automated means or through a mobile device or application, you agree to be bound by this Privacy Policy and the Terms of Use.
1.1. Website Access Only. This Privacy Policy applies to your access, and use, of the Website. It does not govern Powerball collection or treatment of information Powerball may collect from or about you other than through the Website, such as in connection with any other services Powerball may provide to you, which might be subject to additional privacy policies.
1.2. Mobile Access of Website. In addition to applying to any access by you of the Website through a computer, this Privacy Policy shall also apply, mutatis mutandis, to any access by you of the Website through any mobile device or any other non-computer technology and in such cases, the term “computer” or any related term shall be substituted for with the appropriate term.
2. Modifications to the Privacy Policy. Powerball reserve the right to modify the Privacy Policy at any time. Any modifications to the Privacy Policy will be effective immediately and Powerball will be entitled to post them on the Website. By accessing the Website after Powerball post on the Website such modifications to this Privacy Policy, you agree to be bound by this Privacy Policy as modified.
3. Modifications to the Terms of Use. Powerball reserve the right to modify the Terms of Use at any time. Any modifications to the Terms of Use will be effective immediately and Powerball will be entitled to post them on the Website. By accessing the Website after Powerball post on the Website such modifications to the Terms of Use, you agree to be bound by the Terms of Use as modified.
4. Other Agreements. This Privacy Policy is not intended to, and does not, derogate from the Terms of Use or from any other agreements, policies, terms and conditions or terms of use that you may be bound by as a result of your use of other services POWERBALL may provide, including office sharing services, restricted-access web-based services and POWERBALL mobile applications.
5. Types and Sources of Information POWERBALL May Collect About You.
5.1. Personal Information. In connection with your use of the Website, POWERBALL may collect and store information that may personally identify you. In order to access certain features on the Website or to take advantage of certain services or promotions offered on the Website, you may be asked to provide certain types of personal information, including your full name, physical address, e-mail address, phone number, governmental identification number, credit card or other payment information and/or other information that may identify you.
5.2. Information Relating to Website Usage. POWERBALL may collect and store certain types of website usage information whenever you access POWERBALL Website. Set forth below are types of usage information that POWERBALL may collect and how POWERBALL may use such information. Any gathering and/or use of such information may be performed by POWERBALL or by service providers on POWERBALL behalf.
5.2.1. IP Address and Other Data. When you visit the Website, POWERBALL may collect your Internet Protocol (IP) address. POWERBALL may also collect other information about you, including your domain name; the type of Web browser and computer technology that you are using; the pages you visit on the Website; any Website page that linked you to POWERBALL; your browsing history and websites you visit after visiting the Website; advertisements that you view and/or click on; any search terms you entered on the Website or on a referral site; and other Web usage activity and data logged by POWERBALL Web servers.
5.2.2. Cookies. POWERBALL may use “cookies” on the Website. Cookies are small data files that are sent to your browser or related software from a Web server and stored on your computer’s hard drive. Cookies track and save your browsing history. If your browser permits, and you choose, to reject cookies, this may negatively interfere with your use of the Website.
5.2.3. Clear GIFs. POWERBALL may use “clear GIFs” (also known as “Web beacons” or “pixel tags”) or similar technologies in the Website and/or in POWERBALL communications with you. Clear GIFs enable POWERBALL to verify whether you viewed a web page or received a message POWERBALL sent you.
5.2.4. POWERBALL may collect information about you from publicly and commercially available sources and from other third-parties as permitted by law.
5.2.5. Any information that POWERBALL may collect about you as provided for in this Privacy Policy shall be referred to herein as “Your Information.”
6. Use of Your Information. Without derogating from any other provision contained herein or from any right afforded to POWERBALL by any law, POWERBALL may use Your Information, as permitted by law and this Privacy Policy and as POWERBALL deem necessary and appropriate, for any or all of the following purposes: (a) to offer, provide, administer or market any service POWERBALL provide, or may in the future provide, including the Website; (b) to assess the performance of, and improve, POWERBALL products and services; (c) for audit, reporting or accounting purposes; (d) to safeguard, enforce or defend legal rights and to enforce, defend against or manage legal claims; (e) to deliver to you advertising and promotional content; (f) to safeguard the privacy, safety or property of any party; (g) to monitor or enforce compliance with any of POWERBALL policies; and (h) to comply with applicable law and orders or requests of any Governmental Body (as defined in Section ‎7.2 herein).
7. Sharing of Your Information. POWERBALL will not share Your Information with other parties without your consent except as provided for in this Privacy Policy or as required or permitted by law.
7.1. POWERBALL may share Your Information with POWERBALL directors, officers, employees, consultants, agents, affiliates, service providers and other third parties who are, directly or indirectly, involved in the operation of POWERBALL business and this Website and the delivery of the products and services available on or through the Website.
7.2. POWERBALL may share Your Information to the extent required by any Governmental Body or to the extent POWERBALL deem necessary in connection with any Proceeding.
For purposes of this Privacy Policy, “Governmental Body” shall mean any: (a) nation, state, county, city, district, or other similar jurisdiction of any nature; (b) local or foreign government; (c) governmental or quasi-governmental authority of any nature (including any governmental agency, branch, commission, bureau, instrumentality department, official, entity, court, or tribunal); or (d) body or other Person entitled by applicable law to exercise any arbitrative, administrative, executive, judicial, legislative, police, regulatory or taxing authority or power.
For purposes of this Privacy Policy, “Person” shall mean any individual or entity (including, but not limited to, a partnership, corporation, limited liability company, and trust).
For purposes of this Privacy Policy, “Proceeding” shall mean any action, suit, litigation, arbitration, proceeding (including any civil, criminal, administrative, investigative or appellate proceeding), hearing, inquiry, audit, examination or investigation commenced, brought, conducted or heard by or before, or otherwise involving, any court or other Governmental Body or any arbitrator or arbitration panel (whether in Israel or elsewhere).
7.3. POWERBALL may share Your Information with third-parties in order to investigate, prevent or take action regarding any illegal activity or what POWERBALL suspect to be an illegal activity, actual or perceived threats to POWERBALL property or to the physical safety of any person, violations of any of POWERBALL terms of use, terms and conditions or other rules or policies, whether applying to this Website or otherwise, or as otherwise permitted by law.
7.4. In the event that POWERBALL or any affiliated entity, or substantially all of POWERBALL or their assets relating to one or more particular geographical regions, are acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, consolidation or liquidation, Your Information may be one of the transferred assets and POWERBALL and any of POWERBALL affiliated entities will be entitled to transfer Your Information to such acquiring third party or parties. In addition, without derogating from the above, POWERBALL shall have the right to disclose Your Information to any attorneys designated by any third party performing due diligence in anticipation of the consummation or occurrence of any of the events discussed in this Section ‎7.4 or, under the terms of a confidentiality agreement, to any other third party. Such attorneys or (as applicable) any other third party may, in their discretion, disclose Your Information to such third-party on whose behalf they are acting, subject to the terms of a confidentiality agreement.
7.5. Without derogating from any provision contained herein, if you opt-in to receive marketing e-mails from third parties, POWERBALL may provide Your Information to such third-parties who may contact you directly about non-POWERBALL products and services.
8. Posting Content in Public Forums of the Website. If you post any content to any public forum or area of the Website, such as a chat room, bulletin board or blog, you consent that any content you submit may be visible to the public, including to other users of the Website.
9. Sharing Another Party’s Personal Information With POWERBALL. If you disclose to POWERBALL any personal, confidential or proprietary information of another person or entity, you represent that you have obtained such person’s or entity’s consent for such disclosure to POWERBALL as well as the processing of the same in accordance with the terms of this Privacy Policy. You will be solely and fully liable if any such disclosure by you was unauthorized and you will defend, indemnify and hold POWERBALL harmless from and against any and all loss or damage sustained by, liability or charges imposed on, and claims or causes of action asserted against, POWERBALL and POWERBALL affiliates and POWERBALL respective directors, officers, employees and agents arising in whole or in part out of or by reason of such unauthorized disclosure. Without derogating from any provision contained herein or in the Terms of Use, Section 10 (Indemnification and Limitation of Liability) of the Terms of Use shall apply, mutatis mutandis, to your obligation under this Section ‎9 to defend, indemnify and hold harmless as stated herein.
10. Data Protection Laws of Other Countries. Your Information may, as provided for in this Privacy Policy, be transferred to, or maintained or processed by, parties in other countries and may be subject to the laws of such countries, whose data protection laws may be less stringent than those in Israel or your country of residence.
11. Security. Your privacy is important to POWERBALL and POWERBALL take reasonable measures POWERBALL deem necessary to protect Your Information. However, POWERBALL cannot guarantee that Your Information will be safe from unauthorized access, including by hackers.
12. Website Credentials. It is your responsibility to safeguard and maintain the strict confidentiality of any usernames and passwords related to the Website.
13. Governing Law and Jurisdiction. Without derogating from Section ‎10 herein, this Privacy Policy shall be solely governed by, and construed in accordance with, the laws of the State of Israel, without giving effect to any other choice of law or conflict of law provision or rule (whether of the State of Israel or otherwise) that would cause the application of the laws of any jurisdiction other than the State of Israel. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Privacy Policy. The sole and exclusive place of jurisdiction in any matter arising out of or in connection with these Terms of Use shall be the competent courts in Tel Aviv.
14. Additional Terms of Use, Rules or Policies. The Terms of Use are incorporated herein in their entirety. Additional terms of use, rules or policies may appear on the Website. You agree that any such additional terms of use, rules and policies are hereby incorporated by reference into this Privacy Policy.
15. Headings; Interpretation. The headings in this Privacy Policy are for the purpose of convenience only. Under no circumstances are they to be used for the interpretation or construction of any provision of this Privacy Policy. Any use of the words “including,” “for example,” or “such as” in this Privacy Policy shall be read as being followed by the words “without limitation.”
16. Severability. If one or more of the provisions of this Privacy Policy are held, in any court or arbitration proceeding, to be unenforceable, such unenforceability will not affect any other provision herein. In such event, the parties will substitute a provision that is as close as possible to the intent of the original unenforceable provision(s).
17. Waiver. POWERBALL shall not be deemed by any act or omission to have waived any right or remedy provided to POWERBALL under this Privacy Policy unless this Privacy Policy is modified by POWERBALL, as provided for herein, to explicitly waive such right or remedy.
18. Assignment. You may not assign or attempt to assign any of your rights or obligations under this Privacy Policy, in whole or in part, without POWERBALL prior written consent. Any purported assignment of any of your rights or obligations hereunder without POWERBALL prior written consent shall be void. POWERBALL may assign this Privacy Policy or delegate any or all of POWERBALL rights or obligations hereunder to any third-party without your consent.