YAYSAY PRIVACY NOTICE
Last Updated: 8/31/2023
Welcome! This Privacy Notice explains how Yaysay, Inc., and its affiliates and subsidiaries (collectively “Yaysay”, “we”, “us” or “our”) collects, uses, discloses, and otherwise processes personal information in connection with our websites, including http://www.shopyaysay.com and other websites we own and operate that link to this Privacy Notice (collectively, the “Sites”), the Yaysay mobile application (the “App”), and the related content, platform, services, products, and other functionality offered on or through our services (collectively, the “Services”). It does not address our privacy practices relating to Yaysay employees and other personnel.
Yaysay is the controller of the personal information we hold about you in connection with your use of the Services. This means that we determine and are responsible for how your personal information is used.
We collect personal information in a variety of ways. For example, you may provide us your personal information when you register for an account, place an order, send us messages, subscribe to our mailing lists, newsletters or other forms of marketing communications, or use some other feature of our Services.
We may link or combine your activities and information collected from you on our websites with information we receive from third parties, as well as information we collect automatically through tracking technologies (defined below). This allows us to provide you with a personalized experience regardless of how you interact with us.
Personal Information Collected from You
We may collect the following categories of personal information submitted to us by individuals through the Services:
- Contact Information, including first and last name, phone number, email address, and communication preferences. We use this information primarily to fulfill your request or transaction, to communicate with you directly, and to send you marketing communications in accordance with your preferences.
- Account Information, including first and last name, email address, phone number, platform credits, and user ID and password, as well as your height, weight, and apparel sizes (if you choose to provide them), and other brand and shopping preferences. Depending on your account type, you may also be able to create a profile that may be visible to other users on the Services. We use this information to administer your account, provide you with the relevant service and information, suggest products you may be interested in, communicate with you regarding your account and your use of the Services, and for customer support purposes.
- Payment Information. If you sign up for one of our Services that require payment, such as a premium account membership, or make a purchase on our Services, or if you return or exchange a product, we will collect your order-related information, including, as applicable, billing and shipping address. We will also ask that you provide your payment information (credit card, debit card, or other payment method) at the point of purchase, but please note that we use third party payment processors, including Apple Pay and Shopify Payments, to process credit card payments made to us. As such, we do not retain any personally identifiable financial information in connection with credit card payments, such as credit card numbers. Rather, all such information is provided directly by you to our third-party processor. The payment processor’s use of your personal information is governed by their privacy notice.
- SMS Text Messaging Program. If you join our promotional text messaging program, we will collect your mobile phone number.
- Customer Service, Inquiries, and Feedback. When you contact our customer service agents by e-mail, chat, phone, social media or via contact forms we provide for that purpose, we may collect any personal information and other content that you provide to us, which may include, your name, e-mail address, postal address, IP address, geolocation data, and if you contact us via social media, your social media handle, your profile photo and any other publicly available information.
- Newsletter and Marketing Emails Information, including email address and applicable interests and communication preferences. We use this information to manage our communications with you and send you information about products and services we think may be of interest to you. If you wish to stop receiving email messages from us, simply click the “unsubscribe link” provided at the bottom of the email communication. Note that you cannot unsubscribe from certain services-related email communications (e.g., account verification, confirmations of transactions, technical or legal notices).
- Information Collected Through the Use of the Services, including any files, documents, videos, images, data, or information you choose to upload or transmit through your communications with us or your use of the Sites (collectively, “User Content”). User Content and any information contained in the User Content, including personal information you may have included, is stored and collected as part of the Services. We use the User Content to provide you with the Services.
- Collaboration and Marketing Campaign Data. If you are a member of our influencer network, we may collect information related to collaborations or Yaysay influencer campaigns, including fulfillment, earnings information, and the title, date, rate, code entry and clicks information for any sponsored content you create on our behalf. We may display your name or social media handle alongside your order activity inside our global activity feed, or in other places in the app.
- Events, Surveys, and Promotions. If you fill out any forms or participate in one of our surveys, competitions (contests/sweepstakes), or other promotional events, we may collect your contact information (such as your name, email, and phone number, postal code), your demographic information, and any other information requested on the form, at sign up, or a part of your competition entry, including photos/videos (each, as applicable). On occasion, we may also collect your shipping and billing information, such as if you are a competition winner or purchase our products or services (where available). If you are part of our event or promotion partner, we may also collect your personal information including your name, professional email, and company address.
- Feedback Information. We may also collect feedback and ratings you provide relating to our services or products. We use this information to communicate with you, to conduct market research, inform our marketing and advertising activities and improve and grow our business.
- Business Representative Contact Information. If you are a business representative, we collect your information in connection with the performance of the agreement or potential agreement with us. This information may include your first name, last name, company contact information (e.g., email, address), job title, and any other information related to the performance of the agreement with us.
- Employment Application Information, including your contact and demographic information, educational and work history, employment interests, information obtained during interviews and any other information you choose to provide, if you apply for employment.
- Other Information that you provide to us online, by phone or in person, and use this information to respond to your request, provide you the requested services, and to inform our marketing and advertising campaigns.
Personal Information Automatically Collected
We, and our third-party partners, automatically collect information you provide to us and information about how you access and use the Services when you visit our services, read our emails, or otherwise engage with us. We typically collect this information through a variety of tracking technologies, including (i) cookies or small data files that are stored on an individual’s computer and (ii) other, related technologies, such as web beacons, pixels, embedded scripts, mobile SDKs, location-identifying technologies and logging technologies (collectively, “tracking technologies”) and we may use third-party partners or technologies to collect this information. Information we collect automatically about you may be combined with other personal information we collect directly from you or receive from other sources.
We, and our third-party partners, use tracking technologies to automatically collect usage and device information, such as:
- Information about the computer, tablet, smartphone or other device you use, such as your IP address, browser type, Internet service provider, device type/model/manufacturer, operating system, date and time stamp, and a unique ID that allows us to uniquely identify your browser, mobile device, or your account (including, for example, a persistent device identifier or an Ad ID), and other such information. We may also work with third-party partners to employ technologies, including the application of statistical modeling tools, which permit us to recognize and contact you across multiple devices.
- Information about the way you access and use our services, for example, the site from which you came and the site to which you are going when you leave our services, how frequently you access the Services, whether you open emails or click the links contained in emails, whether you access the services from multiple devices, and other browsing behavior and actions you take on the Sites.
- Information about how you use the Services, such as the products you view, the pages you visit, the links you click, the ads you view and click on, videos you watch, and other similar actions. We may also use third-party tools to collect information you provide to us or information about how you use the Services and may record your mouse movements, scrolling, clicks and keystroke activity on the Services and other browsing, search or purchasing behavior.
- Information about your location, such as general geographic location that we or our third-party providers may derive from your IP address. We may collect information about your specific location if you explicitly opt-in to providing location access on your mobile device or browser, in order to use a feature that requires it.
- Analytics information. We may collect analytics data or use third-party analytics tools such as Google Analytics to help us measure traffic and usage trends for the services and to understand more about the demographics of our users (including through the use of automated tools leveraging AI). You can learn more about Google’s practices at http://www.google.com/policies/privacy/partners and view its opt-out options at https://tools.google.com/dlpage/gaoptout.
All of the information collected automatically through these tools allows us to improve your customer experience. For example, we may use this information to enhance and personalize your user experience, to monitor and improve our Sites and Services, and to improve the effectiveness of our Services, offers, advertising, communications and customer service. We may also use this information and the data collected through tracking technologies to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information, including targeted content and advertising; (c) identify you across multiple devices; (d) provide and monitor the effectiveness of our services; (e) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our Sites; (f) diagnose or fix technology problems; (g) train and refine automated tools leveraging AI; and (h) otherwise to plan for and enhance our services.
If you would prefer not to accept cookies, most browsers will allow you to: (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies; however, doing so may negatively impact your experience using the services, as some features and services may not work properly. You may also set your email options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our email and performed certain functions with it.
Personal Information from Third Parties
We also obtain personal information from third parties; which we often combine with personal information we collect either automatically or directly from an individual.
We may receive the same categories of personal information as described above from the following third parties:
- Yaysay Entities: We may receive personal information from other companies and brands owned or controlled by Yaysay, and other companies owned by or under common ownership as Yaysay.
- Your Employer / Company: If you interact with our Services through your employer or company, we may receive your information from your employer or company, including another representative of your employer or company. We use this information to operate, maintain, and provide to you the features and functionality of the Services.
- Social Media: When an individual interacts with our Services through various social media networks, such as when someone “Likes” us on Facebook or follows us or shares our content on Discord, Facebook, X (formerly known as Twitter), YouTube, LinkedIn, Instagram, TikTok or other social networks, we may receive some information about individuals that they permit the social network to share with third parties. The data we receive is dependent upon an individual’s privacy settings with the social network, and may include your profile information, profile picture, gender, username, user ID associated with your social media account, age range, language, country, and any other information you permit the social network to share with third parties. Individuals should always review and, if necessary, adjust their privacy settings on third-party websites and social media networks and services before sharing information and/or linking or connecting them to other services. We use this information to operate, maintain, and provide to you the features and functionality of the Services, as well as to communicate directly with you, such as to send you email messages about products and services that may be of interest to you.
- Referrals: We may use referral promotions to encourage our users and other businesses that we work with to tell their friends, relatives, customers and other contacts about the Services.
- Service Providers: Our service providers that perform services solely on our behalf, collect personal information and often share some or all of this information with us. The information may include name, contact information, and information about your communications and related activities. We may use this information to administer and facilitate our services and programs, or in our communications with you.
- Information we receive from authentication services you use to connect to our Service: We may also obtain information about you when you log in using single sign-on ("SSO") through a third-party social network or authentication service, such as Facebook, Google or Apple. We do this by using OAuth authentication, a secure mechanism to give Yaysay access to your account data without letting us know your password. We will have access to certain information from those third parties in accordance with the authorization procedures determined by those third parties, including, for example, your username, password, name, email address, and profile picture.
- Other Users or Individuals who Interact with our Services: We may receive your information from other users or other individuals who interact with our Services. For example, if you engage in one of our communications hosted on third-party platforms, such as Facebook, we will be able to see any public communications made within that platform.
- Business Partners: We may receive your information from our business partners, such as companies that offer their products and/or services on our Services. We may use this information to administer and facilitate our services, your orders, and our marketing activities.
- Other Sources: We may also collect personal information about individuals that we do not otherwise have from, for example, publicly available sources, third-party data providers, brand partnerships, or through transactions such as mergers and acquisitions. We use this information to operate, maintain, and provide to you the features and functionality of the Services, as well as to communicate directly with you, such as to send you email messages about products and services that may be of interest to you.
Additional Uses of Personal Information
We may use personal information we collect to:
- Provide Services to you (including to fulfill your orders);
- Communicate with you through e-mail, text messaging, push notifications, social media, or other means and devices regarding your account, your purchases (including, without limitation, order confirmation and providing receipts, and delivery or shipping-related information), your returns, or your other uses of our Services;
- Assist us in advertising our Services on third party websites, mobile apps, and other online services, and provide you with a better, more personalized experience when you visit our Sites or when we send you marketing communications, or when we otherwise display our content to you on our Sites or on third party sites, or when you otherwise interact with any of our Services.
- Provide access to specific merchandise or inventory on the basis of your location or previous activity on our Sites
- Administer and promote our competitions, surveys, and other promotional events;
- Personalize our Services, including by recognizing an individual and remembering their information when they return to our Services;
- Process payment for our Services;
- Facilitate customer benefits and services, including customer support;
- Identify and analyze how individuals use our Services;
- Administer, identify and facilitate potential product improvements or future product developments;
- Test, enhance, update and monitor the Services, or diagnose or fix technology problems;
- Help maintain the safety, security and integrity of our property and Services, technology assets and business;
- Enforce our agreements, to resolve disputes, to carry out our obligations and enforce our rights, and to protect our business interests and the interests and rights of third parties;
- Prevent, investigate or provide notice of fraud or unlawful or criminal activity;
- Comply with contractual and legal obligations and requirements; and
- For any other lawful purpose, or other purpose that you consent to.
Where you choose to contact us, we may need additional information to fulfill the request or respond to inquiries. We may provide you with additional privacy-related information requests where the scope of the inquiry/request and/or personal information we require fall outside the scope of this Privacy Notice. In that case, the additional privacy notice will govern how we may process the information provided at that time.
We may also share, transmit, disclose, grant access to, make available, and provide personal information with and to third parties, as follows:
- Yaysay Entities: We may share personal information with other companies owned or controlled by Yaysay, and other companies owned by or under common ownership as Yaysay, which also includes our subsidiaries (i.e., any organization we own or control) or our ultimate holding company (i.e., any organization that owns or controls us) and any subsidiaries it owns, particularly when we collaborate in providing the Services.
- Your Employer / Company: If you interact with our Services through your employer or company, we may disclose your information to your employer or company, including another representative of your employer or company.
- Marketing Providers: We coordinate and share personal information with our marketing providers in order to communicate with individuals about the Services we make available.
- Service Providers. We may share your personal information with third-party vendors that perform services on our behalf, as needed to carry out their work for us, which may include delivering your orders, providing customer service, providing marketing and advertising services to us, conducting security audits, providing accounting or legal services, administering our surveys, competitions, and promotional events, providing web hosting, payment processing services or fraud prevention services, assessing or measuring the performance and functioning of our Sites, providing analytics or providing any other services that we need to operate our business.
- Ad Networks and Advertising Partners: We work with third-party ad networks and advertising partners to deliver advertising and personalized content on our Services, on other websites and services, and across other devices. These parties may collect information directly from a browser or device when an individual visits our Services through cookies or other data collection technologies. This information is used to provide and inform targeted advertising, as well as to provide advertising-related services such as reporting, attribution, analytics and market research. Please see the Third-Party Data Collection and Online Advertising section for more information.
- Other Users of the Sites: Depending on your account type, your username, profile and any information provide or that would link to public-facing pages of our Sites, including, but not limited to, reviews, comments, and text will be available to, and searchable by, all users of our Sites.
- Payment Processors: We use third-party payment processors to process payments made through the Services. Because we use third-party payment processors, we do not retain any personally identifiable financial information such as credit card numbers. Rather, all such information is provided directly to the payment processor. The payment processor's use of your personal information is governed by their privacy notice. Please review each processor's privacy notice to understand how they will manage or otherwise process your personal information, including your financial data.
- Business Partners: From time to time, we may share personal information with our business partners at your direction or we may allow our business partners to collect your personal information. Our business partners will use your information for their own business and commercial purposes, including to send you any information about their products or services that we believe will be of interest to you.
- Business Transaction or Reorganization: We may take part in or be involved with a corporate business transaction, such as a merger, acquisition, joint venture, or financing or sale of company assets. We may disclose personal information to a third party during negotiation of, in connection with or as an asset in such a corporate business transaction. Personal information may also be disclosed in the event of insolvency, bankruptcy or receivership.
- Legal Obligations and Rights: We may disclose personal information to third parties, such as legal advisors and law enforcement:
- in connection with the establishment, exercise, or defense of legal claims;
- to comply with laws or to respond to lawful requests and legal process;
- to protect our rights and property and the rights and property of others, including to enforce our agreements and policies;
- to detect, suppress, or prevent fraud;
- to protect the health and safety of us and others; or
- as otherwise required by applicable law.
- With Your Consent: We may disclose personal information about an individual to certain other third parties or publicly with their consent or direction. For example, with an individual’s consent or direction we may post their testimonial on our Sites or service-related publications.
We may participate in interest-based advertising and use third party advertising companies to serve you targeted advertisements based on your browsing history. We permit third party online advertising networks, social media companies and other third-party services, to collect information about your use of our online services over time so that they may play or display ads on our Services, on other websites or services you may use, and on other devices you may use. Typically, though not always, the information used for interest-based advertising is collected through tracking technologies, such as cookies, web beacons, embedded scripts, location-identifying technologies, and similar technology, which recognize the device you are using and collect information, including click stream information, browser type, time and date you visited the Sites, AdID, and other similar information. If permitted by your device settings, they may also collect location data through GPS, Wi-Fi or other methods. We may share a common account identifier (such as a hashed email address or user ID) with our third-party advertising partners to help identify you across devices. We and our third-party partners use this information to make the advertisements you see online more relevant to your interests, as well as to provide advertising-related services such as reporting, attribution, analytics and market research. We may also use services provided by third parties (such as social media platforms) to serve targeted ads to you and others on such platforms. We may do this by providing a hashed version of your email address or other information to the platform provider.
We may engage in the following:
- Social Media Widgets and Advertising. Our Services may include social media features, such as the Facebook “Like” button, YouTube, TikTok, Instagram, Twitter, Lemon8, Pinterest or other widgets. These social media companies may recognize you and collect information about your visit to our Services, and they may set a cookie or employ other tracking technologies. Your interactions with those features are governed by the privacy notices of those companies.
- Social Media Platforms. We may display targeted advertising to you through social media platforms, such as Facebook, Twitter, YouTube, TikTok, Instagram, Lemon8, Pinterest and other social media forums. These companies have interest-based advertising programs that allow us to direct advertisements to users who have shown interest in our services while those users are on the social media platform, or to groups of other users who share similar traits, such as likely commercial interests and demographics. We may share a unique identifier, such as a user ID or hashed email address, with these platform providers or they may collect information from our website visitors through a first-party pixel, in order to direct targeted advertising to you or to a custom audience on the social media platform. These advertisements are governed by the privacy notices of those social media companies that provide them. If you do not want to receive targeted ads on your social networks, you may be able to adjust your advertising preferences through your settings on those networks.
- Third Party Partners. We work with a variety of third-party partners to provide advertising services. For example, we use Google Analytics to recognize you and link the devices you use when you visit our Services on your browser or mobile device, log in to your account on our Services, or otherwise engage with us. We share a unique identifier, like a user ID or hashed email address, with Google to facilitate the service. Google Analytics allows us to better understand how our users interact with our Services and to tailor our advertisements and content to you. For information on how Google Analytics collects and processes data, as well as how you can control information sent to Google, review Google's website, “How Google uses data when you use our partners’ sites or apps” located at www.google.com/policies/privacy/partners/. You can learn about Google Analytics’ currently available opt-outs, including the Google Analytics Browser Ad-On here: https://tools.google.com/dlpage/gaoptout/.
We may also utilize certain forms of display advertising and other advanced features through Google Analytics. These features enable us to use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick advertising cookie) or other third-party cookies together to inform, optimize, and display ads based on your past visits to the Services. You may control your advertising preferences or opt-out of certain Google advertising products by visiting the Google Ads Preferences Manager, currently available at https://google.com/ads/preferences, or by visiting NAI’s online resources at http://www.networkadvertising.org/choices.
To learn more about interest-based advertising and how you may be able to opt-out of some of this advertising, you may wish to visit the Digital Advertising Alliance’s (DAA) resources and/or the Network Advertising Initiative’s (NAI) online resources, at www.aboutads.info/choices or http://www.networkadvertising.org/choices/. You may also be able to limit interest-based advertising through the settings menu on your mobile device by selecting “limit ad tracking” (iOS) or “opt-out of interest-based ads” (Android). You may also be able to opt-out of some — but not all — interest-based advertising served by mobile ad networks by visiting http://youradchoices.com/appchoices and downloading the mobile AppChoices app.
You may control your information in the following ways:
- Modifying and Deleting your Information. If you have an online account with us, you have the ability to modify certain information in your account through the “settings” options provided on the Services. Please note that changes to your settings may require some time to take effect. If you have any questions about modifying or updating any information in your account, please contact us at firstname.lastname@example.org.
- Access to Your Device Information. You may control our access to your device through your "Settings" app on your device.
- SMS Text Messages Preferences. If you opted-in to our SMS text messaging program, you may opt-out of receiving promotional text messages at any time. To unsubscribe from promotional SMS texts, please reply "STOP" to one of our marketing SMS texts. Note that if you unsubscribe from receiving promotional text messages, we may still send you transactional text messages about your account or any services you have requested or receive from us (e.g., account verification, technical and security notices, responses to your communications, purchase-related communications). For more information, please see our Terms and Conditions.
- Push Notifications Preferences. You can stop receiving push notifications from us by changing your preferences in the iOS or Android notifications settings menu.
- Email Communications. From time to time, we may send you emails regarding updates to our Services, products or services, notices about our organization, or information about products/services we offer (or promotional offers from third parties) that we think may be of interest to you. If you wish to unsubscribe from such emails, simply click the “unsubscribe link” provided at the bottom of the email communication. Note that you cannot unsubscribe from certain services-related email communications (e.g., account verification, confirmations of transactions, technical or legal notices).
We may choose or be required by law to provide different or additional information relating to the processing of personal information (as defined below) about residents of certain countries, regions or states. Please refer below for additional information that may be applicable to you:
- Nevada: If you are a resident of the State of Nevada, Chapter 603A of the Nevada Revised Statutes permits a Nevada resident to opt out of future sales of certain covered information that a website operator has collected or will collect about the resident. Although we do not currently sell covered information, please contact us at email@example.com with the subject line “Nevada Opt Out Request” to submit such a request.
Our Services are not directed to, and we do not intend to, or knowingly, collect or solicit personal information from children under the age of 13. If an individual is under the age of 13, they should not use our Services or otherwise provide us with any personal information either directly or by other means. If a child under the age of 13 has provided personal information to us, we encourage the child’s parent or guardian to contact us to request that we remove the personal information from our systems. If we learn that any personal information we collect has been provided by a child under the age of 13, we will promptly delete that personal information.
Our Services may include links to third-party websites, plug-ins and applications. Except where we post, link to or expressly adopt or refer to this Privacy Notice, this Privacy Notice does not apply to, and we are not responsible for, any personal information practices of third-party websites and online services or the practices of other third parties. To learn about the personal information practices of third parties, please visit their respective privacy notices.
We may update this Privacy Notice from time to time. When we make changes to this Privacy Notice, we will change the date at the beginning of this Privacy Notice. If we make material changes to this Privacy Notice, we will notify individuals by email to their registered email address, by prominent posting on our Services, or through other appropriate communication channels. All changes shall be effective from the date of publication unless otherwise provided.
If you have any questions or requests in connection with this Privacy Notice or other privacy-related matters, please send an email to firstname.lastname@example.org.