Important Information and Who We AreWelcome to the Yodify Inc.'s Privacy and Cookies Notice. Yodify, Inc. (“Yodify” / "We" / “we” / “our” / “us”) respects your privacy and is committed to protecting your personal data. This Privacy and Cookies Notice will inform you as to how we look after your personal data when you visit our site: https://www.yodify.com/ (the “Service”) (regardless of where you visit it from) and will tell you about your privacy rights and how the law protects you.
Our Data Privacy OfficerWe have appointed a data privacy officer who is responsible for overseeing questions in relation to this Privacy and Cookies Notice. If you have any questions about this Privacy and Cookies Notice, including any requests to exercise Your Legal Rights, please contact the data privacy officer using the details set out below.
Contact DetailsIf you have any questions about this Privacy and Cookies Notice or our privacy practices, please contact our data privacy officer in the following ways:Full name of legal entity: Yodify, Inc.Email address: firstname.lastname@example.org
Third-Party LinksThe Service may include links to third-party Sites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party Sites and we are not responsible for their privacy statements. When you leave our Service, we encourage you to read the privacy and cookies policies of every website you visit.
The Data We Collect About You
Personal DataPersonal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Service feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy and Cookies Notice.We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
- Identity Data includes first name, last name, username or similar identifier, title, and company details.
- Contact Data includes billing address, delivery address, email address and telephone numbers.
- Financial Data includes payment card details.
- Transaction Data includes details about payments to and from you and other details of Products you have purchased from through our Service.
- Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access the Service.
- Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
- Usage Data includes information about how you use our Service, products and services.
- Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
If You Fail to Provide Personal DataWhere we need to collect personal data by Law, or under the terms and conditions of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a brand or product you have with us but we will notify you if this is the case at the time.
How is Your Personal Data CollectedWe use different methods to collect data from and about you including through:
Automated technologies or interactions. As you interact with our Service, we will automatically collect Technical and Usage Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies. Please see our cookies notice below for further details.Third parties or publicly available sources. We may receive personal data about you from various third parties as set out below:
- direct interactions. You may give us your Identity, Contact, Financial, Transaction, Profile and Marketing and Marketing and Communications Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- apply for our brands, products or services;
- create an account on our Service;
- subscribe to our services or emails;
- request marketing emails to be sent to you; or
- give us feedback or contact us.
- Technical Data from analytics providers, advertising networks, search information providers, including Google Analytics, LinkedIn and other social networks.
- Contact, Financial and Transaction Data from providers of technical, payment and delivery services.
- Identity and Contact Data from publicly available sources.
How We Use Your Personal DataWe will only use your personal data when the Law allows us to. Most commonly, we will use your personal data in the following circumstances:
Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email. You have the right to withdraw consent to marketing at any time by contacting us.MarketingWe strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. Additionally, you can review and revise your marketing and communication preferences by logging into your Yodify account.Promotional offers from usWe may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and you have not opted out of receiving that marketing.Third-party marketingWe will get your express opt-in consent before we share your personal data with any third party for marketing purposes.Opting outYou can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you.Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a brand/product/service purchase or other transactions.Change of purposeWe will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact email@example.com.If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by Law.
- Where we need to perform the contract we are about to enter into or have entered into with you.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
- Where we need to comply with a legal obligation.
Disclosures of Your Personal DataWe may share your personal data with the parties set out below for the purposes set out in the table Purposes for which we will use your personal data above.
We require all third parties to respect the security of your personal data and to treat it in accordance with the Law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
- Internal Third Parties as set out in the Glossary.
- External Third Parties as set out in the Glossary.
- Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Privacy and Cookies Notice.
International TransfersWe share your personal data within the Internal Third Parties located in Canada. This may involve transferring your data outside the European Economic Area (“EEA”).Many of our External Third Parties are based outside the EEA so their processing of your personal data will involve a transfer of data outside the EEA.Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
- We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For example, Canada is recognised as affording an adequate level of protection for personal data by the European Commission. Yodify is based in Canada and the majority of personal data is transferred between the EEA and Canada via the Yodify platform. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
- Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
- Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the US. For further details, see European Commission: EU-US Privacy Shield.
Data SecurityWe have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so. Yodify does not keep details of any financial information on its servers or physical copy of any sort in its premises, as all of these information is kept by the payment portal provider.
Data RetentionHow long will you use my personal data for? We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you. To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements. By Law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers. In some circumstances you can ask us to delete your data: see Your Legal Rights below for further information. In some circumstances we will anonymise your personal data, including your Aggregated Data, (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
Your Legal RightsUnder certain circumstances, you have rights under data protection Laws in relation to your personal data. Your Legal Rights include rights to request access to your personal data, request correction of your personal data, request erasure of your personal data, object to processing of your personal data, request restriction of processing your personal data, request transfer of your personal data, and right to withdraw consent.If you wish to exercise any of Your Legal Rights, please contact the Yodify data privacy officer at firstname.lastname@example.org.No fee usually required - You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.What we may need from you - We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.Time limit to respond - We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
- Strictly necessary cookies. These are cookies that are required for the operation of our Service. They include, for example, cookies that enable you to log into secure areas of our Service, use a shopping cart or make use of e-billing services.
- Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our Service when they are using it. This helps us to improve the way our Service works, for example, by ensuring that users are finding what they are looking for easily.
- Functionality cookies. These are used to recognise you when you return to our Service. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
- Targeting cookies. These cookies record your visit to our Service, the pages you have visited and the links you have followed. We will use this information to make our Service and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
Lawful BasisLegitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by Law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us at email@example.com.Performance of contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.
Third PartiesInternal Third Parties - Other companies in the Yodify Group and who are based in Canada and provide IT and system administration services and undertake leadership reporting.External Third Parties - External Third Parties include:
- Third parties whom you explicitly ask us to provide your personal data to for the potential or actual delivery of our brands, products and/or services.
- Service providers (for example, IT services), business partners, suppliers and sub-contractors for the performance of any contract we enter into with you, but also when providing you with marketing communications.
- Analytics and search engine providers that assist us in the improvement and optimisation of the Service.
- Government or other law enforcement agencies, in connection with the investigation of unlawful activities or for other legal reasons (this may include requirement to share your location information).
- Professional advisers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
Your Legal RightsYou have the right to:Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local Law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.Object to processing of your personal data where we are relying on our Legitimate Interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling lawful grounds to process your personal data which override your rights and freedoms.Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
- If you want us to establish your personal data's accuracy.
- Where our use of your personal data is unlawful but you do not want us to erase it.
- Where you need us to hold your personal data even if we no longer require it as you need it to establish, exercise or defend legal claims.
- You have objected to our use of your personal data but we need to verify whether we have overriding lawful grounds to use it.