WE DO NOT SELL YOUR PERSONAL INFORMATION, NOR DO WE INTEND TO DO SO. WE DO NOT GIVE ACCESS TO YOUR PERSONAL INFORMATION TO THIRD PARTIES EXCEPT TO SUBPROCESSORS TO ASSIST US IN THE PROVISION OF OUR SERVICES TO YOU.
2. WHAT INFORMATION DO WE COLLECT?
When you register to use our Website, App, or Platform, we collect personal information (also referred to as personally identifiable information or (“PII”) which may include your name, address, online contact information such as your email address or username, phone number, social media handles, commercial purchase information like records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies and other personal information. The information so collected will be stored on our servers. You are able to change your personal information through your profile or account settings on our Website, App, or Platform.
a. Equipment Information. We may collect information that does not personally identify you such as information about your internet connection, the equipment you use to access our Website, App, or Platform, and usage details.
c. Other information: We may collect photographs, audio files, and video files specifically shared on social media platforms by Creators when Creators post Creator Content related to YouShd enabled DTC Brands on social media channels and when you create your bio on your YouShd Account. WE DO NOT COLLECT THE PHOTOGRAPHS, AUDIO FILES AND VIDEO FILES OF ANY MINORS.
3. HOW DO WE COLLECT INFORMATION?
We collect personal information from you in the following ways:
a. At registration on our Website, App, or Platform;
b. In email, text, and other electronic messages between you and our Website, App, or Platform;
d. From you placing an order, which includes details of transactions you carry out on our Website, App, or Platform;
e. When you subscribe to a newsletter;
f. From your responses to a survey;
g. From forms filled out by you;
h. From records or copies of correspondences (including email addresses) if you contact us;
i. From search queries on our Website, App, or Platform; and
j. When you post information to be published or displayed on our Website, App, or Platform.
We collect information from you automatically when you navigate through our Website, App, or Platform in the following ways:
a. Usage details;
b. IP addresses;
c. Information obtained through browser cookies;
d. Information obtained through flash cookies;
e. Web beacons on our Website;
f. Web beacons on emails sent by us; and
g. Other tracking technologies.
4. HOW DO WE USE YOUR INFORMATION?
We use the information that you provide to:
a. Personalize your experience in using our Platform;
b. Provide you with information, products, or services requested from us;
c. Present our Website, App, and Platform and their contents to you;
d. Provide you with notices about account and/or subscription, including expiration and renewal notices;
e. Carry out obligations and enforce rights arising from contracts entered into between you and us, including billing and collection;
f. Notify you about changes to our Website, App, and Platform and any products or services;
g. Improve the Website, App, and Platform;
h. Improve our customer service;
i. Administer contests, promotions, and surveys or other Website, App, and Platform features;
j. Process transactions;
k. Carry out business transfers in case of a merger or sale of Company assets, financing, or acquisition of all or a portion of our business to another company.
l. To help Brands reduce their customer acquisition cost
m. Contact you for other purposes with your consent;
n. To help Creators monetize their purchases by posting on social media; and
o. Send you periodic emails, in accordance with the CAN-SPAM Act of 2003 as detailed in Section 15, via the email address provided by you to (i) send information, respond to inquiries, and/or other requests or questions; (ii) send information and updates pertaining to your profile on YouShd; (iii) (iv) market to our mailing list or continue to send email to you register on our Website.
p. To make payments to Creators during the Beta Period. photographs, audio files, and video files.
q. To send invoices to Brands for payments due to Creators and YouShd.
Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service. The technologies we use may include:
(ii) Flash Cookies. Certain features of our Service may use local stored objects (or Flash Cookies) to collect and store information about your preferences or your activity on our Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies. For more information on how you can delete Flash Cookies, please read "Where can I change the settings for disabling, or deleting local shared objects?" available at https://helpx.adobe.com/flash-player/kb/disable-local-shared-objectsflash.html#main_Where_can_I_change_the_settings_for_disabling__or_deleting_local_shared_objects_
(iii) Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on your personal computer or mobile device when you go offline, while Session Cookies are deleted as soon as you close your web browser. You can learn more about cookies on TermsFeed website article.
We use both Session and Persistent Cookies for the purposes set out below:
Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide you with services available through the Website and to enable you to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that you have asked for cannot be provided, and we only use these Cookies to provide You with those services.
Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices you make when you use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you use the Website.
Tracking and Performance Cookies
Type: Persistent Cookies
Administered by: Third-Parties
Purpose: These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the Website. We may also use these Cookies to test new pages, features or new functionality of the Website to see how our users react to them.
We allow third party behavioral tracking and links to third-party web pages. Occasionally, at our discretion, we may include or offer third-party products or services on our Website, App, or Platform. These third-party sites have separate and independent privacy policies. We, therefore, have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our Website, App, or Platform and welcome any feedback about these sites. Please contact us at [email protected].
6. HOW DO WE PROTECT INFORMATION WE COLLECT?
Our Website and App receive regular security scans and penetration tests. Our Website and App also receive regular malware scans. In addition, our Website and App use an SSL certificate as an added security measure. We require username and passwords for our employees who can access your personal information that we store and/or process on our Platform and servers. In addition, we actively prevent third parties from getting access to your personal information that we store and/or process on our Platform and servers. We accept payment by credit card through a third party credit card processor on our behalf. We will implement reasonable security measures every time you (a) place an order, or (b) enter, submit, or access your information, (c) register, or (d) access our Platform, on our Website and App.
7. DATA SECURITY MEASURES.
a. Security Measures. We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, App, or Platform, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website, App, or Platform. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Website, App, or Platform.
b. Fair Information Practice Principles. In the event of a personal data breach, we will notify you within seventy-two (72) hours via (i) email and/or (ii) our Platform notification system on our Website and/or App. We agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.
8. DISCLOSURE OF PERSONAL INFORMATION
There are times when we may share Personal Information that you have shared with us with others to enable us to provide you over Services, including contractors, service providers, and third parties (“Partners”). This section discusses only how YouShd may share such information with Partners. We will ensure that our Partners protect your Personal Information. The following describe how and with whom we may share your Personal Information:
Disclosure of Personal Information.
a. We may disclose aggregated, de-personalized information about you that does not identify any individual to other parties without restriction, such as for marketing, advertising, or other uses.
b. We may disclose personal information to contractors, services providers, and other third parties.
c. We require all contractors, service providers, and other third parties to whom we disclose your personal information to be under contractual obligations to keep personal information confidential and to use it only for the purposes for which we disclose them.
d. We may disclose personal information in the event of a merger, sale of business, etc.
e. We may disclose to third parties to market their products and services to you if you have either consented or not opted out of these disclosures.
f. We may disclose personal information to third parties to market their products and services if you have either consented or not opted out of these disclosures.
g. We require all other Partners, to whom we disclose your personal information, to enter into contracts with us to keep personal information confidential and use it only for the purposes for which we disclose it to such Partners.
h. We disclose personal information to fulfill the purpose for which you have provided it, for instance, if you gave us an email address to use the “email a friend” feature of the Platform.
i. We may disclose personal information for any other purpose for which you have provided it.
Other Disclosure of Personal Information.
Third Party Disclosure.
a. We do not sell, trade, rent, or otherwise transfer personal information to others, unless we provide you with advance notice. This does not include our hosting partners and other parties who assist us in operating our Website, App, or Platform, conducting our business, or servicing you, so long as those parties agree to keep this information confidential.
b. We do not provide non-personally identifiable visitor information for marketing purposes.
Choices Users Have About How YouShd Uses and Discloses Information.
b. Disclosure of Users’ Information for Third-Party Advertising. Users can opt-out by (i) checking the relevant form when we collect the data; (ii) logging into the Website, App, or Platform and adjusting their preferences in their account profile by checking or unchecking the relevant boxes, or (iii) emailing us their opt-out request at [email protected]. Users receiving promotional email can opt-out by sending a return email requesting to be omitted from future promotional email distributions. This opt-out will not apply to information provided by YouShd for product purchases, warranty registration, or other transactions.
9. GOOGLE ADSENSE AND GOOGLE ANALYTICS
We use these Cookies to compile data regarding User interactions with ad impressions and other ad service functions as they relate to our Website or App.
10. FOR OUR EUROPEAN CUSTOMERS AND VISITORS
We are headquartered in California, USA. Most of the operations are located in USA . Your Personal Information, which you give to us during registration or use of our Website, App or Platform, may be accessed by or transferred to us in the United States. If you are visiting our Web site or registering for our Services from outside the United States, be aware that your Personal Information may be transferred to, stored, and processed in the United States. Our servers or our third-party hosting services partners are located in the United States. By using our site, you consent to any transfer of your Personal Information out of Europe, UK, or Switzerland for processing in the US or other countries.
· If you are a resident of or a visitor to Europe, you have certain rights with respect to the processing of your Personal Data, as defined in the General Data Protection Regulation (“GDPR”).
· Please note that in some circumstances, we may ask you to provide us with additional information in connection with your request, which may be Personal Data, for example, if we need to verify your identity or the nature of your request.
· In such situations, however, we will still respond to let you know of our decision.
· As used herein, “Personal Data” means any information that identifies you as an individual, such as name, address, email address, IP address, phone number, business address, business title, business email address, company, etc.
b. The New SCCs.
· The New SCCs took effect on June 27, 2021.
· The Old SCCs may still be used for new data transfers in new contracts during a three-month transition period that ends on September 27, 2021.
· Existing data transfers contracts that rely on the Old SCCs can be used until December 27, 2022, by which time all data transfers relying on the Old SCCs must be transitioned to the New SCCs.
· As of now, we and our customers are using the New SCCs to transport Personal Data from the EU to other countries including the US for processing by us.
· You are the Controller, as defined in the GDPR, and the Exporter, as defined in the New SCCs, of the Personal Data and we are a processor, as defined in the GDPR, and the Importer of such Personal Data.
· You agree to comply with the GDPR rules that apply to Controllers and the New SCCs rules that apply to Data Exporters. We agree to comply with the GDPR rules that apply to Processors and the New SCCs rules that apply to Data Importers.
c. Our GDPR Compliance Commitment.
· We agree to fully comply with the letter and the spirit of the GDPR and the New SCCs with respect to the transfer or your Personal Data for Processing outside the EU.
· As a Data Importer, a User may contact us as set forth in Subsection 9(d) below with respect to the Personal Data we store and process on you.
· We hereby notify you that we will be processing, as defined in the GDPR, the Personal Data of your Authorized Users (i.e., those individuals whom you have authorized to access our Platform and to use our Services) in the US, Canada, and Turkey for us to be able to provide the Services to you that we have agreed to do in our definitive service agreement between you and us.
· Upon request, we will provide you with a list of your Personal Data that we will process and a copy of the New SCCs under which we will transport your Personal Data for processing.
· We hereby warrant that, at the time of agreeing to the SCCs for the transport of your Personal Data, we have no reason to believe that the laws and practices applicable to us as a data processor and a data importer, including those of the US, Canada, and Turkey are not in line with the requirements of the New SCCs.
· If we cannot satisfy any request or dispute to your satisfaction, we will agree to arbitrate or litigate the dispute in the EU jurisdiction in which your reside.
· We will only transfer your Personal Data to a third country in accordance with documented instructions from you.
· Your Personal Data will be transferred and stored in an encryption format.
· Only our employees, who have a need to access your Personal Data to enable us to meet our contractual and legal obligations to you, will be given access to your Personal Data.
· Such employees will be given a User Name and Password to access your Personal Data.
· We will keep an automated record of all persons who have accessed your Personal Data.
d. Rights of Data Subjects. To make any of the following
(i) via email at [email protected], or (ii) by writing to us at YouShd, 600 El Camino Real,
Unit 308, Belmont, CA 94002 USA.
11. FOR OUR CANADIAN USERS
a. Definition of Personal Information. Any information about an identifiable individual. Whatever may be the physical form or characteristics of a particular regime for “business contact information” (name, position, title, address, professional phone number, etc.)
b. Right to Access Personal Information. You can request to access your personal information we hold about you. We will first confirm whether you have requested such information, explain how we have used your information, provide a list of names with whom your information has been shared and provide a copy of your information in an accessible format and make alternative formats available if requested.
c. Right to Correction/Limited Right to Deletion. You can request us to correct or delete your information IF you demonstrate that the personal information we hold on you is inaccurate. We will delete or correct your information within thirty (30) calendar days. When we delete/correct your personal information we will inform the third parties with whom we have shared your information.
d. Right to be Forgotten. Your information will be kept with us for as long as it is required for the fulfillment of the purposes of YouShd platform. Unless we otherwise give you notice, we will retain your Information on the YouShd Platform on your behalf until such times as you or we terminate your User Account.
e. Data Breach Notification. We will send a notification to you as soon as feasible regarding the information of any breach that creates a “real risk of significant harm” to you. We keep a record of every data breach and, on request, provide the Office of the Privacy Commissioner with access to the record.
f. Canadian Privacy Officer. We have appointed a Canadian Privacy and Data Protection Officer, Sarabmeet Kallar, [email protected], to make sure the privacy rights of our Canadian users are protected in compliance with PIPEDA.
g. Two Factor Authentication. You may enable two-factor authentication on your account to help ensure that only you can access your account. If you do, in addition to entering your password to log in to your account to access the YouShd Platform, we will send a code to your mobile number, which you will need to enter. This added security prevents anyone else from accessing your YouShd account unless they have access to your login information.
You may contact us (i) at [email protected], or (ii) by writing to us at
Privacy Officer, at 600 El Camino Real, Unit 308, Belmont, CA 94002 USA
12. YOUR CALIFORNIA PRIVACY RIGHTS
YouShd does not sell, trade, or otherwise
transfer to outside third parties your “Personal Information” as the
term is defined under the California Civil Code Section § 1798.82(h).
Additionally, California Civil Code Section § 1798.83 permits Users of our Website,
App, or Platform that are California residents to request certain information
regarding our disclosure of their Personal Information to third parties for their direct marketing purposes. To make a request for
such disclosure, or identification and/or deletion of Personal Information in
all our systems that we store on you, please send an email to [email protected]
or write us at YouShd, 600 El Camino Real, Unit 308,
Belmont, CA 94002 USA.
Note that (i) if we
delete your Personal Information as requested, we will no longer be able to
provide our services to you and (ii) we may need to keep such Personal
Information for a while during the shutting down and billing process. If you
would like to discuss our Personal Information storage and processing process
with us, please send us an email at [email protected] or
write us at YouShd, 600 El Camino Real, Unit
308, Belmont, CA 94002 USA.
13. CALIFORNIA CONSUMER PRIVACY ACT
a. Right to Request Personal Information. Upon request, we will provide you with (i) a list of all Personal Information that we have collected on you, (ii) from whom we obtained such Personal Information, (iii) the reason why we collected such Personal Information, and (iv) with whom (if any) we have shared such Personal Information. If we sell your Personal Information or disclose your Personal Information to third parties, upon request, we will provide you with (i) a list of the Personal Information that we have collected on you, (ii) a list of the Personal Information that we sell or disclose to others on you, and (iii) to whom we have sold or disclosed your Personal Information. A consumer can make such a request only twice in a 12-month period.
We require such Personal Information to be able to provide to you our Services.
Unless otherwise specified, we only collect Personal Information from you. We do not use others to provide us with your Personal Information.
a. Disclosure of Personal Information. We only share your Personal Information with service providers, e.g., billing and collection agents, who enable us to provide our Services to you. We do not sell or give your Personal Information to third parties for purposes unrelated to our provision of Services to you.
b. Right to have Personal Information Deleted. Upon request, we will delete all of your Personal Information that we have collected on you and will direct our Service Providers to also delete all of your Personal Information. But note that if we do delete all of this Personal Information, you will no longer be able to use our Services.
c. Non-Discrimination Right. We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
(i) Deny you goods or services.
(ii) Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
(iii) Provide you a different level or quality of goods or services.
(iv) Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
d. Financial Incentives. However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
You may contact us (i) at [email protected] (or (ii) by writing to us
at Privacy Officer, at 600 El Camino Real, Unit 308, Belmont, CA
f. Under 16. We will not sell your Personal Information if you are under the age of 16 unless we have the consent of your parent or your guardian nor will we sell it if you ask us not to do so.
your request, we will stop selling your Personal Information (sometimes called
your Opt Out Right). You may send the request to Opt Out (i) to [email protected] or (ii) by writing to us
at Privacy Officer, 600 El Camino Real, Unit 308, Belmont, CA 94002
h. Personal Information that We Store. For your information, we store/collect the following Personal Information on you:
2. Business Address
3. Business Email Address
4. Business Telephone Number
5. Phone Number
6. IP Address
7. Business Title
8. Personal Email Address
9. Personal Telephone Number
10. Social Media Handles
11. Commercial purchase information like records of products or services purchased
12. Photographs, audio files, and video files
13. Financial Information – Credit Cards and Bank Information
14. COPPA COMPLIANCE (FOR CHILDREN UNDER 13 USERS ONLY)
The Children’s Online Privacy Protection Act (“COPPA”) is a federal legislation that applies to entities that collect and store “Personal Information,” as the term is defined under COPPA, from children under the age of 13. We are committed to ensure compliance with COPPA. Our Website, App, and Platform are not meant for use by children under the age of 13. Our Website, App, and Platform do not target children under the age of 13, but we do not age-screen or otherwise prevent the collection, use, and personal disclosure of persons identified as under 13. If you would like to know more about our practices and specifically our practices in relation to COPPA compliance, please email us at [email protected].
IF YOU ARE UNDER 13, PLEASE DO NOT ACCESS OR USE OUR WEBSITE, APP, OR PLATFORM.
15. CAN-SPAM ACT OF 2003
The CAN-SPAM Act establishes requirements for commercial messages, gives recipients the right to have businesses stop emailing them, and spells out penalties for violations. Per the CAN-SPAM Act, we will:
a. not use false or misleading subjects or email addresses;
b. identify the email message as an advertisement in some reasonable way;
c. include the physical address of YouShd, which is 600 El Camino Real, Unit 308, Belmont, CA 94002 USA.
d. monitor third-party email marketing services for compliance, if one is used;
e. honor opt-out/unsubscribe requests quickly; and
f. give an “opt-out” or “unsubscribe” option.
If you wish to opt out of email marketing, follow the instructions at the bottom of each email or contact us at [email protected] and we will promptly remove you from all future marketing correspondences.
16. LIST OF THIRD-PARTY SERVICE PROVIDERS
Name of Third-Party Service Provider
Email: [email protected]
Address: 510 Townsend St, San Francisco, CA 94103
Amazon Web Services Inc. (North Virginia, US)
Address: 410 Terry Avenue North, Seattle, WA 98109-5210
Google Ad Sense
Address: 1600 Amphitheatre Parkway, Mountain View, CA 94043
Address: O'Connor Street Ground Floor Ottawa, Ontario K2P 2L8
Additionally, if you have any questions or concerns about our third-party service providers, please email us at [email protected].
17. COPYRIGHT INFRINGEMENT/DMCA NOTICE
If you believe that any content on our Website, App, or Platform violates your copyright, and you wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA Takedown Notice”)) must be provided to our designated Copyright Agent.
- Your physical or electronic signature;
- Identification of the copyrighted work(s) that you claim to have been infringed;
- Identification of the material on our Website, App, or Platform that you claim is infringing and that you request us to remove;
- Sufficient information to permit us to locate such material;
- Your address, telephone number, and email address;
- A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
YouShd’s Copyright Agent to receive DMCA Takedown Notices is Sarabmeet Kallar, at [email protected] and at YouShd, Inc. Attn: DMCA Notice, 600 El Camino Real, Unit 308, Belmont, CA 94002 USA. You acknowledge that for us to be authorized to take down any content, your DMCA Takedown Notice must comply with all the requirements of this Section. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by YouShd in connection with the written notification and allegation of copyright infringement.
18. ANTI-BRIBERY COMPLIANCE
YouShd represents and warrants that it is fully aware of and will comply with, and in the performance of its obligations hereunder will not take any action or omit to take any action that would cause it or its customers to be in violation of, (i) U.S. Foreign Corrupt Practices Act, (ii) U.K. Anti-Bribery Act, (iii) India Prevention of Corruption Act of 1988 or (v) any other applicable anti-bribery statutes and regulations, and (v) any regulations promulgated under any such laws. Company represents and warrants that neither it nor any of its employees, officers, or directors is an official or employee of any government (or any department, agency or instrumentality of any government), political party, state owned enterprise or a public international organization such as the United Nations, or a representative or any such person (each, an “Official”). Company further represents and warrants that, to its knowledge, neither it nor any of the Supplier Personnel has offered, promised, made or authorized to be made, or provided any contribution, thing of value or gift, or any other type of payment to, or for the private use of, directly or indirectly, any Official for the purpose of influencing or inducing any act or decision of the Official to secure an improper advantage in connection with, or in any way relating to, (A) any government authorization or approval involving YouShd, or (B) the obtaining or retention of business by YouShd. Supplier further represents and warrants that it will not in the future offer, promise, make or otherwise allow to be made or provide any payment and that it will take all lawful and necessary actions to ensure that no payment is promised, made or provided in the future by any of the Supplier Personnel.
19. CONTACT US
- Sarabmeet Kallar, Privacy Officer
- Email: [email protected]
- Address: YouShd, 600 El Camino Real, Unit 308, Belmont, CA 94002 USA