Privacy & Cookies Policy

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This Yellow Cat Five Privacy & Cookies Policy (this “Privacy Policy”) explains how your personal information is collected, used and disclosed by Yellow Cat Five, Inc. and the Yellow Cat Five affiliates listed in the “Data Controllers and Contacting Us” section below (“Yellow Cat Five”, “us”, or “we”) and how we collect information through the use of cookies and related technologies. It also tells you how you can access and update your personal information and describes the data protection rights that may be available under your country’s laws, including a right to object to some processing that we carry out or, where we rely on consent, how to withdraw that consent.

This Privacy Policy applies to personal information we obtain from or about you when you (i) visit all internet sites operated by Yellow Cat Five Inc. that link to this Privacy Policy (collectively, the “Sites“); (ii) interact with our social media pages and advertisements, customer services, webinars or blogs; or (iii) participate in our events and demonstrations. Yellow Cat Five acts as the data controller for the data processing operations described in this Privacy Policy.

We may provide additional information about our privacy practices at other points, for example, when we ask you to provide personal information in connection with a particular service, and where this will help us provide more relevant and timely information.

We reserve the right to make changes to our practices and this Privacy Policy at any time. If we change the way we handle your personal information, we will update this Privacy Policy and notify you as appropriate.

This Privacy Policy addresses the following:

Information that we collect about you
Cookies and other tracking technology that we use
Uses made of your personal information and our legal basis for processing
Disclosures of your personal information
Withdrawing consent or otherwise objecting to Yellow Cat Five’s direct marketing
Your rights
Miscellaneous

1. INFORMATION THAT WE COLLECT ABOUT YOU

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Customers and Website Users

Information Provided by You Upon Registration and/or Making a Purchase. When you register for an account on a Site and/or purchase a product or service from us, we collect information that allows us to identify you, such as:

Name
E-mail address
Address (where entered as part of a “business/location scan”)
ZIP/Postal Code
Home Phone
Mobile Phone
Credit Card Number
Billing Address
Yellow Cat Five login details (username and password)

Information Provided When You Contact Us. We also collect personal information that you voluntarily provide to us when you contact us with a question or comment about our products and services, download our whitepapers or sign up for product demonstrations or events.  Typically, this includes:

Name
E-mail address
Organization Name
Phone Number
Information about your position
Information about your interests and preferences
Content of the communication

Passively Collected Information. When you access our Sites, we automatically collect (i) technical information about your device including your device’s internet protocol (IP) address, your browser type and version, time zone setting, and operating system and platform; and (ii) information about your visit, including the URL clickstream to, through and from our Sites (including date and time), products you viewed or searched for, your account activity (when logged in), the content (and any ads) that you view or interact with, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page. Some of this information is collected using cookies and related technologies.

Information Collected From Our Partners. We may partner with our third party resellers to receive information about you, such as name and contact information.  This helps us to fulfill your service requests and/or to provide you with services that may be of interest to you.

Information Collected in Connection with our Review Services or other Services. Where our customers use our review service or other services, we compile statistical and other information related to the performance and operation of the relevant service and will use or share with our customers and prospective customers, aggregated information collected from reviewers or other users of our services for research and development purposes or to provide analytics, reports and benchmarking about our services (e.g. average location ratings or frequently used terms within the reviews).  We also use such aggregated information for our own advertising and promotional purposes. If you use our services to solicit reviews from your customers via email, or other forms of communication, including but not limited to text messages, we will collect, on your behalf, the personal information and any other information provided in such reviews from your customers (“Reviewers”).  We will use the information provided by Reviewers to provide services to you.  We have no direct relationship with Reviewers.  You are responsible for ensuring that you have the appropriate consent for us to collect and process Reviewers’ information to provide our services.  If you are a Reviewer and believe you have received an email from us on behalf of one of our customers, please contact that company directly with any questions.

Partners, Publishers and other Service Providers

We will process certain contact information about individuals within organizations that we work with such as publishers, mailing houses, payment providers, IT hosting and maintenance providers, events companies and other service providers.

2. COOKIES AND OTHER TRACKING TECHNOLOGIES THAT WE USE

We and our service providers use cookies, embedded scripts and local shared objects in connection with the Sites.

Cookies  are small text files that are stored on your computer when you visit our websites. Cookies allow a website to recognize a particular device or browser. The use of cookies is a standard practice among websites to collect information about visitors’ activities while using the website.
An embedded script is a programming code that is designed to collect information about your interactions with the Site, such as the links you click on. The code is temporarily downloaded onto your device from our web server or a third-party service provider, is active only while you are connected to the Site, and is deactivated or deleted thereafter.
Local Shared Objects.  Local shared objects (or Flash cookies) are pieces of data that websites which use Adobe Flash may store on a user’s computer or device. Third parties with whom we partner to provide certain features on our Sites or to display advertising based upon your web browsing activity use local shared objects. Various browsers may offer their own management tools for removing local shared objects. In addition, you may manage Flash cookies by clicking here: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html

The above technologies are used in analyzing trends, administering the Sites, services and products, tracking users’ movements around the Sites and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.

You can also change your cookie settings via your browser. For further information, visit www.allaboutcookies.org.

The length of time a cookie will stay on your browsing device depends on whether it is a “persistent” or “session” cookie. Session cookies will only stay on your device until you stop browsing. Persistent cookies stay on your browsing device after you have finished browsing until they expire or are deleted.

3. USES MADE OF YOUR PERSONAL INFORMATION AND OUR LEGAL BASIS FOR PROCESSING

Providing personal information is optional; however, in order to provide you with access to our services and other resources such as whitepapers and demos, providing certain personal information (e.g., contact information and name, log-in details) may be necessary in order to receive these services and resources. You may choose whether or not to receive electronic marketing communications from us and we will only send you such communications where we have the appropriate consents to do so (to the extent required by applicable law). For more information on your choices, please see Section 5 below.

We process personal information through electronic and manual means for the following purposes:

Customers and Website Users

To fulfill a contract or to take steps linked to a contract. This includes:

to administer your access to your accounts;
to process orders, provide our products and services, and send you service related communications;
for customer support purposes including responding to your queries and investigating any complaints about the Sites.

As required to conduct our business and pursue our legitimate interests, in particular:

to improve and personalize your experience with us and our Sites and to tailor content, advertisements and offers to you;
to administer our Sites, conduct identity verification and other fraud detection activities;
to send you information you have requested;
to monitor, maintain and improve the performance of our Sites, analyze trends, usage and activities in connection with our services, validate users and ensure their technological compatibility with users, and optimize our marketing efforts and measure the effectiveness of our advertising campaigns;
for our own internal functions such as keeping our Sites secure, management and corporate reporting, internal research and analytics and to improve business efficacies;
to enforce compliance with our terms of use and other policies or otherwise in connection with legal claims, compliance, regulatory and investigatory purposes as necessary (including disclosure of such information in connection with legal process or litigation);
to create aggregate and statistical data (which cannot be used to identify you). For example, aggregate data may include data that describes the general demographics, usage or other characteristics of a Site’s users. We reserve the right to transfer and/or sell aggregate or group data about a Site’s users for lawful purposes.

Where you give us consent:

Where you ask us to send marketing information via a medium where we need your consent under applicable law (for example email marketing in some countries). For more information about how to modify your preferences about marketing communications, please see Section 5;
Where you give us consent to place cookies or similar technologies;
On other occasions where we ask for your consent, for the purpose we explain at the time.

As required by law:

In response to requests by government or law enforcement authorities conducting an investigation.

Partners, Publishers and other Service Providers

We use contact information about individuals within other organizations that we work with in order to fulfill our contractual obligations or as required to conduct our business and pursue our legitimate interests including for our own internal functions such management, corporate reporting, and record keeping.

4. DISCLOSURES OF YOUR PERSONAL INFORMATION

We will share your personal information with the third-parties listed below for the purposes that are described in this Privacy Policy or otherwise with your consent.

Service Providers. When we employ an affiliate or third-party to perform a function on our behalf, we provide it with the personal information that it needs to perform its specific function. These companies are authorized to use your personal information only as necessary to provide these services to us. We use service providers for the purposes of delivering our products and services, managing your accounts, hosting, IT, security, support, billing, marketing, and communications.

Affiliates. Yellow Cat Five is a global business, with offices in the United States and The Netherlands. Your personal information collected by us in accordance with this Privacy Policy may be used and shared amongst Kambr, Inc. and the Kambr affiliates for the purposes of delivering our products and services, managing your accounts, hosting, IT, security, support, billing, marketing, and communications.

Legal Requirements. We disclose personal information to government authorities or other third-parties if required to do so by law or in the good faith belief that such action is necessary to (a) comply with a subpoena, court order or similar legal obligation, (b) protect and defend our rights or property, (c) act in urgent circumstances to protect the personal safety of users of any Site or the public, (d) protect against legal liability, (e) to investigate fraud or other unlawful activity or (f) or as otherwise required or permitted by law.

Business Transfers. As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, including in bankruptcy, your personal information may be part of the transferred assets. You will be notified via email and/or a prominent notice on our Sites of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.

Publishers. If you have requested us to do so, we may provide personal information to third-party publishers that we work with. For example, if you have provided your name or a biography to be published on a third-party publisher’s website.

Third-Party Partners.  We may share your personal information with selected third-party partners, including for their direct marketing purposes. We will obtain your prior consent for such a transfer where required by applicable law. 

International Transfers of Personal Information. Your personal information is stored on servers in the US and is supported from the US. We may also transfer your personal information to our affiliates and other service providers who perform functions on our behalf which are based around the world, including in countries outside of the European Economic Area (EEA) and Switzerland which may have different data protection standards to those which apply to your country of residence.

Yellow Cat Five, Inc. participates in and has certified its compliance with the EU-US Privacy Shield and the Swiss-US Privacy Shield frameworks regarding the collection, use and onward transfer of personal data from the EEA and Switzerland. To learn more about the Privacy Shield Framework, visit the US Department of Commerce’s website (www.privacyshield.gov).

Where your personal information is transferred outside of the EEA and Switzerland, and where this is to an affiliate or service provider in a country which is not subject to an adequacy decision by the EU Commission, we will take steps to ensure your personal information is adequately protected either by EU Commission approved Standard Contractual Clauses, Binding Corporate Rules, or in the case of transfers to the US based affiliate Yellow Cat Five, Inc., its self-certification to Privacy Shield.

5. WITHDRAWING CONSENT OR OTHERWISE OBJECTING TO YELLOW CAT FIVE’S DIRECT MARKETING

Where we rely on consent, you will always be able to withdraw that consent, although we may have other legal grounds for processing your data for other purposes, such as those set out above in Section 3. You have the absolute right to opt out of our direct marketing at any time, and EEA individuals can also opt out of profiling we carry out for direct marketing at any time. To stop receiving newsletters or marketing communications from us, you can use the unsubscribe mechanism in the relevant communication or you can send an email to email-unsubscribe@yellowcatfive.com with information necessary to process your request. Please note that this will not stop you from receiving service related messages (i.e., non-marketing communications) such as email messages to let you know our service has been suspended for maintenance.

6. YOUR RIGHTS

If you are an individual located in the EEA, you have the right to ask us for a copy of your personal data, to correct, delete or restrict processing of your personal data, to obtain the personal data you provide to us in a structured, machine readable format, and to ask us to share (port) this data to another controller. In addition, you can object to the processing of your personal data in some circumstances (in particular, where we are not required to process such data in order to meet a contractual or other legal requirement).

We have carried out balancing tests for all the data processing we carry out on the basis of our legitimate interests which we have described above. You can obtain information on any of our balancing tests by contacting us using the details below.

These rights may be limited, for example if fulfilling your request would reveal personal data about another person, or if you ask us to delete information which we are required by law to keep or have compelling legitimate interests in keeping. Relevant exemptions are set out in applicable data protection laws. We will inform you of the relevant exemptions we rely upon when responding to any request you make.

To exercise any of these rights, please email privacy@yellowcatfive.com with the information necessary for us to process your request. If you have unresolved concerns, you have the right to complain to an EU data protection authority where you live, work or where you believe a breach may have occurred.

If you deactivate your account, we will delete, block or anonymize your personal information so that it is no longer possible to identify you, subject to our retention policy below.

If you have provided a location review to one of our customers, please contact that customer directly if you have any questions about their privacy practices or wish to stop receiving communications from or exercise your rights in respect of personal data processed by that customer.

7. MISCELLANEOUS

Third-Party Websites. The Sites may contain links to third-party owned and/or operated websites. We are not responsible for the privacy practices or the content of such websites. Please contact these third-parties directly for information regarding their privacy practices prior to providing them with any information. Some of our solutions are integrated into our customers’ own websites, applications and communications (“Customer Solutions“). Where this is the case, we do not interact directly with the ultimate end user of these Customer Solutions and the customer will be responsible for the operation of these Customer Solutions and any personal information collected in connection therewith. We are not responsible for the processing of personal information by these Customer Solutions save to the extent that we receive any personal information via these Customer Solutions on behalf of the customer in order to fulfill your service requests. In these cases, we will act as a data processor and this Privacy Policy will not apply to such personal information. Please contact the relevant customer directly if you have questions regarding their data collection practices or any communications you may receive from them.

Blogs and Public Features of the Sites. Some of our Sites offer publicly accessible blogs or community forums. You should be aware that any personal information you submit there can be read and collected by other users of these forums and could be used to send you unsolicited messages and for other purposes. Our blog is managed by a third-party application that may require you to register to post a comment. We do not have access to or control of the information posted to the blog. None of the information that you provide using these features is protected by this Privacy Policy. We are not responsible for the personal information you choose to submit in these forums or the use thereof by any third-party. You will need to contact or log into the third-party application if you want the personal information that was posted to the comments section removed. To learn how the third-party application uses your information, please review their privacy policy.

Social Media Widgets. Our Sites include buttons that allow you to share content on the Sites through services provided by Facebook, Twitter and LinkedIn. Facebook, Twitter and LinkedIn are social media networks not affiliated with Yellow Cat Five.  They are headquartered at the following addresses:

Facebook: 1 Hacker Way, Menlo Park, CA 94025, USA

Twitter: 1355 Market Street, Suite 900, San Francisco, CA 94103, USA

LinkedIn: 2029 Stierlin Court, Mountain View, CA 94043, USA

When you use the Facebook, Twitter or LinkedIn share buttons, your device will access their respective webpages and, therefore, your data will be sent to the party associated with that share button and such party may also know that you visited our Site.  Further information on Facebook, Twitter and LinkedIn’s collection, use and disclosure of your personal information can be found in their respective privacy policies which can be accessed on their respective webpages.

Security. We take commercially reasonable steps to protect personal information from loss, misuse, unauthorized access, disclosure, alteration and destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from a Site may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail. Please keep this in mind when disclosing any personal information to us or to any other party via the Internet. When you enter sensitive information (such as a credit card number) on our order forms or login credentials (such as username and password) on our platform login, we encrypt the transmission of that information using secure socket layer technology (SSL).

Retention. We will retain your information for as long as your account is active or longer if needed to provide you services, comply with our legal obligations, resolve disputes or enforce our agreements. For more information on our retention periods you can contact privacy@yellowcatfive.com.

Minors. Visitors under 16 years of age are not permitted to use and/or submit their personal information on any Site. We do not knowingly solicit or collect information from visitors under 16 years of age. We encourage parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.

Data Controllers and Contacting Us. Our “contact us” page contains e-mail links that allow you to contact us directly with any questions or comments that you may have. If you have any questions about this Privacy Policy or our privacy practices or to make a complaint about our compliance with applicable privacy laws, please feel free to contact us at contact@yellowcatfive.com.