AYU Privacy Policy
AYU is committed to protecting your privacy and developing technology that gives you a powerful and safe online experience. This Privacy Policy (the "Policy") applies to the System and Services and governs online data collection and usage. By using the System or Services you consent to the data practices described in this Policy. All capitalized words not defined herein shall have the meanings ascribed to them in the Terms of Use.
AYU has designed is data systems, storage and use to be fully compliant with GDPR (the Data Protection Act) and MiFDII.
Collection of your Personal Data
AYU collects personal data from you, including, but not limited to, your e-mail address, name, job title, company name or organization name, and telephone number. Additionally, provided you consent, AYU may collect location data received from a GPS-enabled mobile device or other mechanism that you have set up in order to show your location to other Users or provide information, including target advertising or promotions, to you specific to your geographic locality via the System. Many GPS-enabled mobile devices allow users to "turn off" location-enabling data being sent to AYU or any other party. If you do not wish to provide us with your location, please disable the location-enabling functionality on your device when prompted by the System or simply update your preferences on the System to preclude collection of your location data.
AYU automatically collects certain information about your computer or mobile device hardware and software. This information can include: your IP address, mobile device type and model, browser type, device ID, domain names, access times and referring web site addresses. This information is used by AYU for the operation of the System, to maintain quality of the System, and to provide general statistics regarding use of the System.
AYU may also collect information about you, such as name, email address, and use of social media websites, from publicly available sources. AYU may collect this information by searching the Internet, including publicly available social media profiles, and may add the information collected to your user profile.
AYU may also collect demographic information, such as ZIP/postal code, age, gender, preferences, interests, and favorites.
Please keep in mind that if you directly disclose personal data or sensitive personal data through the System or Services (including, for clarity, the Communication Services), this information may be collected and used by others. (Note: AYU does not read any of your private online communications with other Users of the System or Services.)
We will retain your personal data for the period necessary to fulfill the purposes outlined in this Policy and other legitimate business purposes unless we are otherwise required by law to dispose of your personal data. If you close your account, we will retain certain data for analytical purposes and recordkeeping purposes, as well as to prevent fraud, enforce our Terms of Use, take actions we deem necessary to protect the integrity of our System or our users, or take other actions otherwise permitted by law. In addition, if certain information has already been provided to third parties as described in this Privacy Policy, retention of that information will be subject to those third parties’ policies.
Collection of the Personal data of Others
In addition to your personal data, AYU also may collect the personal data of others. If you so choose, the System may be used to upload and store your contacts (or individual entries) as part of the Services, for the purpose of enhancing your experience and growing your network by leveraging these contacts in various ways, including (i) suggesting potential contacts through the System with whom you have not yet connected, (ii) giving you the option to choose whether to invite contacts in your address book who are not yet users of the AYU System or Services to use AYU in order to grow your AYU network, and (iii) any other services or tools which AYU may acquire or develop in the future to enhance your experience using the System and the Services. Information of your contacts may include names, e-mail addresses, phone numbers, and other identifiers. Your contacts information may be uploaded to the system directly from the devices you use to access the System or by explicitly granting the System authorization to access your contacts information stored on third party sites or services.
Third Party Web Sites
You may have the option to enter third party sites or pages through the System. AYU cannot be assured that such third party sites or pages follow AYU’s, or equivalent, privacy policies. As such, we have no responsibility or liability for the actions or policies of such third party sites or pages, nor do we endorse any product or service that may be mentioned or offered in such sites, and are not otherwise responsible for the content or privacy practices of such sites.
Use of your Personal Data and the Personal Data of Others
AYU collects and uses your personal data and such other personal data of others you may provide us, to operate the System and deliver the services you have requested. AYU also uses your personal data to inform you of other products or services available from AYU and its affiliates. AYU may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered by AYU.
AYU may monitor the websites and pages our customers visit within the System, in order to determine what AYU services are the most popular among AYU’s customers or users. This data is used to deliver customized content and advertising within the System to customers whose behavior indicates that they are interested in a particular subject area.
Except as set forth in this Policy, we will not use, disclose, or transfer your personal data or the personal data of others you have provided us unless (1) you expressly authorize us to do so; (2) it is necessary to allow our service providers or agents to provide services for us, (3) it is necessary in order to provide our products or services to you (and contacting you when necessary), (4) we are sending you other information that may be useful to you, (5) subject to applicable contractual or legal restrictions, it is disclosed to entities that perform marketing services on our behalf or to other entities with whom we have joint marketing agreements, (6) it is necessary to protect the confidentiality or security of your records, (7) subject to applicable contractual or legal restrictions, it is necessary in connection with a sale of all or substantially all of the assets of AYU or the merger of AYU into another entity or any consolidation, share exchange, combination, reorganization, or like transaction in which AYU is not the survivor, (8) it is necessary in connection with other business purposes including, without limitation, customer care, service quality, business management and operation, risk assessment, security, fraud and crime prevention/detection, monitoring, research and analysis, marketing, customer purchasing preferences and trends and dispute resolution, (9) it is necessary to comply with law enforcement, governmental mandate, or other legal requirement, if appropriate, for your protection or in connection with an investigation or prosecution of possible unlawful activity; (10) it is necessary for us to provide it to our attorneys, accountants, regulators, auditors or other advisors; or (11) it is otherwise necessary for us to disclose it as required or permitted by law.
We use various web site analytics tools and technologies regarding activities on our web sites that require storage of web session data. The overall aim of these tools is to aid in making our web sites easy to use, to proactively identify and correct error conditions and to provide more relevant advertising and content to you. These tools and technologies are also used to assist web site visitors who report problems in the use of our web sites. Stored web session data is used in accordance with this privacy policy.
Disclosure of Personal data to Third Parties
AYU does not sell, rent, or lease its customer lists or the identity of individual customers to third parties. AYU may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personal data is not transferred to the third party.
AYU may share personal data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are contractually prohibited from using personal data provided by AYU except to provide these services to AYU, and they are required to maintain the confidentiality of your information with equal or greater protections than those provided by AYU.
AYU shall not use or disclose sensitive personal data, such as race, religion, or political affiliations to any entity, except as required by statute, regulation, or order of a government tribunal, without your express consent.
AYU will disclose your personal data, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on AYU or the System; (b) protect and defend the rights or property of AYU; and, (c) act under exigent circumstances to protect the personal safety of users of AYU or the public.
Additionally, with respect to personal data of third parties provided to us by you via the System, we do not share such information with any other users of the System or third parties, unless (i) you expressly authorize us to do so, or (ii) we are required to do so by operation of law or regulatory requirement.
Use of Cookies
The System use cookie technology to help you personalize your online experience. A "cookie" is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to alert a web server that you have returned to a specific page. For example, if you personalize AYU pages, or register with AYU sites or services, a cookie helps AYU to recall your specific information on subsequent visits. This simplifies the process of recording your personal data, such as billing addresses, shipping addresses, and so on. When you return to the same System, the information you previously provided can be retrieved, so you can easily use the AYU features that you customized.
You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the AYU services or web sites you visit.
Security of your Personal data
AYU secures your personal data, and the personal data of others, from unauthorized access, use or disclosure. AYU secures such personal data you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal data is transmitted to other web sites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol. Nevertheless, no security system is impenetrable. We cannot guarantee that information that users of the System may happen to transmit or otherwise supply will be totally secure.
Communications With AYU
We appreciate your questions and comments about the System and Services and welcome your messages to recipients listed on the System including messages or emails provided to our customer support. We will share your communications with those within our organization who are most capable of addressing the issues contained in your message. We may archive your message for a certain period of time or discard it, but your e-mail address and e-mail will only be used in accordance with this Policy.
Promotions and Advertisements
We may send you e-mails or other communications and third party advertisements with promotional offers if you opt-in to receiving such communications or advertisements. If you would no longer like to receive special promotion information, advertisements, or other messages from us or third party advertisers, please email at info@thisisayu.com, follow the "Unsubscribe" instructions on such messages, or update your setting and preferences on the System. Please allow us a reasonable period of time in order to satisfy your request, as some advertising campaigns or promotions may already be in process at the time you request to no longer be sent such advertisements or promotions.
Contests, Sweepstakes and Other Promotions
On the System, you may wish to participate in contests, sweepstakes and other promotions that we may offer from time to time. Through these promotions, you may choose to participate in activities such as sharing information found on the System or such social media platforms with others and sending e-mail invitations. In connection with any contests, sweepstakes and other promotions that we may offer from time to time via the System or such platforms, we use the information you provide to administer the contests, sweepstakes and other promotions. Subject to applicable contractual or legal restrictions, we also may use the information to communicate with you, or the other people you select, about our products and services or our partners may use such information to communicate with you about the contests, sweepstakes or other promotions or their products and services. If you choose to participate in these promotions, and are eligible to do so, we may ask you for information such as your name, e-mail address, date of birth and telephone number.
Social Media Platforms and Web sites
By visiting any of our pages that are contained on a social media platform or web site, you are representing and warranting to us that you have reviewed the applicable privacy policy and terms of use of such platform or web site and that you will abide by all such provisions contained therein.
AYU offers social-type features on the System, please be aware that these areas may allow you to publicly post, and share with other users, certain messages, content, or other information (e.g., profile updates and information, job postings, pictures, requests for information from other users, recommendations, etc.). Although we may take certain precautions to protect those who use these areas of the System, we encourage you to be wary of giving out any personal data, or any personal data of others to which you may have access, in such forums. The information you post can be collected and used by people you don't know. We cannot guarantee the privacy and safety of these areas and are therefore not responsible for any information you choose to post. Your use of these features is fully at your own risk.
Special Policy for References and Proposals
As a trusted network based system, AYU will ask you to provide individual independent third party verification of your position upon application and from time to time throughout your use of its system. AYU will, from time to time, also offer you the opportunity to propose select members of your network for AYU membership. In each of these cases you will be asked/invited to provide limited details of a third party individuals such as, but not limited to, first name, last name, email, company. As an AYU applicant or user you must ask permission from this third party before inputting their data. This third party data will not be used for any purpose other than a reference request for your application to join AYU or to invite the third party to join AYU.
Special Policy for Job Applicants
Any personal data that you provide to us when applying for a career position with us will be used solely to consider and act upon your application. We may retain your personal data for a period of time, but only for as long as necessary for such purposes or as otherwise required or permitted by law. We may disclose your personal data to our agents for the purpose of evaluating your qualifications for the particular position you applied for, for other available positions or as otherwise required by law. We may also disclose your personal data to third parties hired by us to collect, maintain, and analyze candidates for career positions or as otherwise required by law.
Using the System or Services From Outside the European Union
If you are using the System or Services from outside of the European Union, please be aware that your information, including any personal data to which we may be given access, may be transferred to, stored, or processed in the European Union. Alternatively, if you are using the System or Services from within the European Union, such information may be transferred to, stored, or processed in a jurisdiction outside the European Union, including, for clarity, at facilities and on servers located in the UK. The data protection and other laws of the European Union and other countries may not be as comprehensive as those in your country, but we will take strong measures to protect your personal data. By using the System, you understand that your personal data may be transferred to our facilities and to those third parties with whom we share such information as specified in this Policy.
Use of AYU within a regulated industry
AYU is not a regulated financial entity and does not hold itself out as giving or supporting any investment advice whatsoever. You must remain fully compliant with the regulations of your governing jurisdiction to use AYU. AYU does not bear any liability for individual user misuse.
No Information Collected from Children
AYU will never ask for or knowingly collect information from children. We are strongly committed to preserving online privacy for all our web site visitors, including children. We do not knowingly collect information about children or sell products to children. Consistent with the Children's Online Privacy Protection Act, we will not knowingly collect any information from children under the age of 13. Furthermore, we may restrict entries to any contests, sweepstakes or promotions to entrants who are at least 18 years of age.
Changes to this Policy
We may change this Policy at any time and from time to time. The most recent version of the Policy is reflected by the version date located at the bottom of this Policy. If we make any material changes to our Policy, those changes will apply to the personal data collected after the effective date listed on the Policy, and we will notify you by placing a notice on the System prior to the change becoming effective. We encourage all users to periodically review this Policy for the latest information on our privacy practices.
Requesting your data
AYU users can request in writing from businesses with whom they have an established business relationship, (a) a list of the categories of personal data, such as name, e-mail, and mailing address, and the type of services provided to the customer, that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes (b) the name and address of all such third parties. AYU users can request a record of all communications they have made with other users during the immediately preceding five calendar years. To request the above information, please email us at: info@thisisayu.com with a reference to European and/or MIFDII Disclosure Information.
We will respond to such requests to information access within 30 days following receipt at the e-mail stated above. If we receive your request at a different e-mail or mailing address, we will respond within a reasonable period of time, but not to exceed 150 days from the date received.
We treat the data of everyone who uses the System in accordance with this Policy, whatever their Do-Not-Track setting or use of any other mechanism that provides them with the ability to exercise choice about the collection of their personal data.
We give you choices about turning off tailored advertising, sharing your information with third parties, and receiving promotional offers. You can exercise your choices by emailing us at info@thisisayu.com, following the "Unsubscribe" instructions on promotional messages, updating your setting and preferences on the System or cancelling you subscription to AYU.
Contact Information
AYU welcomes your comments regarding this Policy. If you believe that AYU has not adhered to this Policy, please contact AYU at info@thisisayu.com. We will use commercially reasonable efforts to promptly determine and remedy the problem.
This Policy was last updated on November 3, 2020.