Privacy and Cookies Updated: May 04, 2021

  1. Important Information and Who We Are

    Welcome 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.
    1. Purpose of This Privacy and Cookies Notice

      This Privacy and Cookies Notice aims to give you information on how Yodify collects and processes your personal data through your use of the Service, including any data you may provide through the Service when you purchase or sell a Product or when you browse the store.  This Privacy and Cookies Notice (together with the Website Terms of Use and the Marketplace Agreement) sets out the basis on which any personal data we collect from you when you interact with us or that is provided by you through your use of the Yodify platform via the Service, will be processed by us. The Service is not intended for children or under age individuals (as they are defined in the Laws of applicable jurisdictions) and we do not knowingly collect data relating to children. By accepting this Privacy Notice you acknowledge that you are of the age of majority in your domicile jurisdiction. It is important that you read this Privacy and Cookies Notice together with any other privacy and cookies notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This Privacy and Cookies Notice supplements other Yodify notices and privacy notices and is not intended to override them. This Privacy and Cookies Notice applies to Buyers and Sellers of the Yodify platform (as defined in the Marketplace Agreement) and to visitors of the Site.
    2. Our Data Privacy Officer

      We 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.
    3. Contact Details

      If 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: dataprotection@yodify.com
  2. The Data We Collect About You

    1. Personal Data

      Personal 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:

      • 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. 
      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.
    2. If You Fail to Provide Personal Data

      Where 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.
  3. How is Your Personal Data Collected

    We use different methods to collect data from and about you including through:

    • 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.
    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:

    • 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.
  4. How We Use Your Personal Data

    We will only use your personal data when the Law allows us to. Most commonly, we will use your personal data in the following circumstances:

    • 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.
    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.

    Marketing

    We 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 us

    We 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 marketing

    We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

    Opting out

    You 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 purpose

    We 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 dataprotection@yodify.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.
  5. Disclosures of Your Personal Data

    We 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.

    • 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.
    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.
  6. International Transfers

    We 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:

    • 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.
    Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
  7. Data Security

    We 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.
  8. Data Retention

    How 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.
  9. Cookies Notice

    Since our Service uses cookies and/or other further identifiers (such as pixel or tag) for several purposes, this Privacy and Cookies Notice sets out what cookies are and how they are used on the Service.

    Certain cookies and identifiers are conveyed and controlled by us directly. We collect and process your personal data by means of these cookies and identifiers. 

    To the contrary, other cookies and identifiers are conveyed and controlled by third parties, over which we have no control. We hereby invite you to read such cookies policies of the third parties carefully.

    If you are not familiar with cookies and identifiers, please read this Privacy and Cookies Notice and the Website Terms of Use carefully, in order to make your choices consciously.

    A. What cookies are and what they are for

    The cookies are small text files that websites visited by a user send directly to its terminal (usually, to the browser), where they are memorised to be transmitted to the same websites at the following visit of the same by the same user (the so called proprium first party cookies). During the surfing of a website, a user may receive on its terminal also cookies of other websites or of other web servers (the so called third parties cookies); this happens because there may be elements on the visited website, such as images, maps, sounds, links to specific web pages of other domains that are on servers other than the server on which the requested page is placed. In other words, such cookies are set up on a website other than the one that is currently visited.

    The cookies may have a duration limited to a single session of navigation on the browser (called session cookies), and, in such event, they deactivate automatically once the browser is closed by the user; or may have a predetermined duration and, in such event, they will remain memorised and active on your hard disk until the expiry date, thus continuing collecting information during different sessions of navigation on the browser (the so called permanent cookies).

    The cookies are used for several purposes. Certain cookies are necessary in order to allow you to surf the website or Service and benefit of its functionalities (the so called technical cookies). Other cookies are used in order to obtain statistical information, whether in aggregate or not, about the number of users accessing the website or Service and how the website or Service is used (called monitoring cookies or analytics). To the end, other cookies are used in order to track your customer profile and allow you to view advertisements that may be of interest to you (called profiling cookies).

    We summarise the types of cookies below:

    • 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.

    B. How to manage the cookies and oppose to their use

    There are several options to manage, disable and remove the cookies. 

    (1) Modify your browser settings

    Please follow the instructions provided by your browser’s producer to discover how to manage, disable or remove all the cookies.

    Please be careful in making your choice. By blocking the receipt of all the cookies indiscriminately, including the technical ones, without providing a specific exception for the Service, you may no longer able to surf the Service or to benefit, in whole or in part, from its functionalities. Furthermore, removing the technical cookies could remove the preferences set up by using the Service or you could no longer find products or services included in your basket.

    (2) Use our interactive instruments or those provided by third parties

    In order to disable the first party profiling cookies and/or identifiers, which means those installed directly by us, you can simply edit your preferences using the interactive banner that is displayed on our Service homepage, as illustrated below. Your choice to oppose to the use of such cookies will not have any consequences on the ability to surf on the Service and to use its functionalities, and could be revoked by you at any time whatsoever by using the same button.

    By clicking “Got It” on the cookie consent box when you first access our Service and by continuing to access and use our Service you accept our use of cookies. For your reference, we set out below the wording we use in our cookie consent box. 

    “We use cookies to give you the best experience of our Service and for us to understand how our Service is used and to personalise content and advertisements. You may change your cookie settings at any time, but if you disable the cookies, parts of the site may not work.

    By continuing to use this Service without changing your cookie settings, you are consenting to our use of cookies. You may change your cookie settings at any time.

    Find out more about why we use cookies and how to change or disable them – view our Privacy and Cookies Notice.”

    In order to disable the third parties cookies or identifiers, please see the privacy policies of those third parties.
  10. Glossary

    1. Lawful Basis

      Legitimate 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 dataprotection@yodify.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.
    2. Third Parties

      Internal 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.
  11. Changes to the Privacy and Cookies Notice and Your Duty to Inform Us of Changes

    We may change this privacy policy from time to time. We will post any privacy policy changes on this page, or by sending you an email notification. We encourage you to review our privacy policy whenever you use the Services to stay informed about our information practices and the ways you can help protect your privacy.

    If you disagree with any changes to this privacy policy, you will need to stop using the Services and deactivate your account(s), as outlined above.

    It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

    We keep our Privacy and Cookies Notice under regular review.