Privacy Policy

1 Introduction

This privacy policy tells you about the information we collect from you when you use our website. In collecting this information, we are acting as a data controller and, by law, we are required to provide you with information about us, about why and how we use your data, and about the rights you have over your data.

1.1 Who are we?

We are Yello Media Group Ltd. Our address is 131 Dorcy Drive, George Town, Grand Cayman, Cayman Islands. You can contact us by post at the above address, by email at [email protected] or by telephone on 345-949-7027.

We have a Data Protection Officer, so any enquiries about our use of your personal data should be addressed to [email protected].

The contact details of our representative in the EU are:

Trevor Burke, who can be contacted via email at [email protected], or call +44-7781-175477, or send a letter to: Centenary House, La Vrangue, St Peter Port, Guernsey.

The General Data Protection Regulation and other applicable local Data Protection laws also give you the right to lodge a complaint with a supervisory authority in the country where you live or where any alleged infringement of data protection laws occurred. If you consider that your inquiry or complaint has not been handled to your satisfaction, please contact the authority responsible for Data Protection laws in the country where you live. Contact details for those countries that have Supervisory Authorities are as follows:  

  

The Cayman Islands (Ombudsman Office) email: [email protected]   

  

Guernsey (Office of Data Protection Authority) email: [email protected]  

2 How we use your information

2.1 When you use our website

When you use our website to browse our products and services and view the information, we make available, a number of cookies are used by us and by third parties to allow the website to function, to collect useful information about visitors and to help to make your user experience better. Some of the cookies we use are strictly necessary for our website to function, and we do not ask for your consent to place these on your computer. These cookies are shown below.

COOKIE NAME

PURPOSE

FURTHER INFORMATION

test_cookie

Browser Support

Used to check if the user’s browser supports cookies.

rc::a

Browser Support

This cookie is used to distinguish between humans and bots. This is beneficial for the website, in order to make valid reports on the use of their website.

rc::c

Browser Support

This cookie is used to distinguish between humans and bots.

CookieConsent

Browser Support

Stores the user’s cookie consent state for the current domain

elementor

Browser Support

Used in context with the website’s WordPress theme. The cookie allows the website owner to implement or change the website’s content in real-time.

CONSENT

Browser Support

Used to detect if the visitor has accepted the marketing category in the cookie banner. This cookie is necessary for GDPR-compliance of the website. 

Table 1: Cookies (strictly necessary)

However, for those cookies that are useful but not strictly necessary we will always ask for your consent before placing them. These are:

COOKIE NAME

PURPOSE

FURTHER INFORMATION

_ga

Statistics

Registers a unique ID that is used to generate statistical data on how the visitor uses the website.

_gat

Statistics

Used by Google Analytics to throttle request rate

_gid

Statistics

Registers a unique ID that is used to generate statistical data on how the visitor uses the website.

Table 2: Cookies (ask for consent)

As well as the cookies we use, various third parties also place them on your computer, again with your consent. These are shown below:

COOKIE NAME

PURPOSE

FURTHER INFORMATION

IDE

 

Marketing

Used by Google DoubleClick to register and report the website user’s actions after viewing or clicking one of the advertiser’s ads with the purpose of measuring the efficacy of an ad and to present targeted ads to the user.

VISITOR_INFO1_LIVE

 

Marketing

Tries to estimate the users’ bandwidth on pages with integrated YouTube videos.

YSC

Marketing

Registers a unique ID to keep statistics of what videos from YouTube the user has seen.

yt.innertube::nextId

Marketing

Registers a unique ID to keep statistics of what videos from YouTube the user has seen.

yt.innertube::requests

Marketing

Registers a unique ID to keep statistics of what videos from YouTube the user has seen.

yt-remote-cast-available

Marketing

Stores the user’s video player preferences using embedded YouTube video

yt-remote-cast-installed

Marketing

Stores the user’s video player preferences using embedded YouTube video

yt-remote-connected-devices

Marketing

Stores the user’s video player preferences using embedded YouTube video

yt-remote-device-id

Marketing

Stores the user’s video player preferences using embedded YouTube video

yt-remote-fast-check-period

Marketing

Stores the user’s video player preferences using embedded YouTube video

yt-remote-session-app

Marketing

Stores the user’s video player preferences using embedded YouTube video

yt-remote-session-name

Marketing

Stores the user’s video player preferences using embedded YouTube video

Table 3: Cookies (third parties)

2.2 When you submit an enquiry via our website

When you submit an enquiry via our website, we ask you for your name, contact telephone number, your industry, your location, your website, your company name, products of interest, your job title and email address.

We use this information to respond to your query, including providing you with any requested information about our products and services. We may also email you several times after your enquiry in order to follow up on your interest and ensure that we have answered your it to your satisfaction. We will do this based on our legitimate interest in providing accurate information prior to a sale.

Your enquiry is assigned to our internal Customer Experience team who will determine whether you are a new potential customer or an existing customer. You will then be contacted by an assigned sales consultant who will assist you with finding the right solution to fit your business needs. If requested by you, the information you submit will also be used to create a listing for your business on our online directory.

We do not use the information you provide to make any automated decisions that might affect you.  We keep enquiry emails for three years, after which they are securely archived and kept for seven years, when we delete them. CRM records are kept for five years after the last contact with you.

2.3 Types of transactions via our website

When you contact Yello Media Group regarding purchasing products or services from us online, we may ask you for your name, address, contact telephone number and email address. We also record your IP (Internet Protocol) address, which is the address of your computer on the Internet.

Types of contact may include but are not limited to: Free Marketing Consultation, response to Contact Us via our corporate website or a marketing promotion, and Yello Careers – Vacancies.

We will use your information in order to contact you. We do not use the information you provide to make any automated decisions that might affect you.

2.4 Your rights as a data subject

By law, you can ask us what information we hold about you, and you can ask us to correct it if it is inaccurate. If we have asked for your consent to process your personal data, you may withdraw that consent at any time.

If we are processing your personal data for reasons of consent or to fulfil a contract, you can ask us to give you a copy of the information in a machine-readable format so that you can transfer it to another provider.

If we are processing your personal data for reasons of consent or legitimate interest, you can request that your data be erased.

You have the right to ask us to stop using your information for a period of time if you believe we are not doing so lawfully.

Finally, in some circumstances you can ask us not to reach decisions affecting you using automated processing or profiling.

To submit a request regarding your personal data by email, mail or telephone, please contact [email protected].

2.5 Your right to complain

If you have a complaint about our use of your information, we recommend that you contact us directly in the first instance so that we can address your complaint.

Please contact the YMG Data Protection Officer at [email protected]

If you feel your complaint has not been addressed satisfactorily, please contact the appropriate Supervisory Authority:  

The Cayman Islands (Ombudsman Office) email: [email protected]   

Guernsey (Office of Data Protection Authority) email: [email protected]  

2.6 Updates to this privacy policy

We regularly review and, if appropriate, update this privacy policy from time to time, and as our services and use of personal data evolves. If we want to make use of your personal data in a way that we have not previously identified, we will contact you to provide information about this and, if necessary, to ask for your consent.

We will update the version number and date of this document each time it is changed.

Data Protection Policy

To submit a request regarding your personal data by email, mail or telephone, please contact [email protected]

1 Introduction

In its everyday business operations, Yello Media Group Ltd (YMG) makes use of a variety of data about identifiable individuals, including data about:

·      Current, past and prospective employees

·      Customers

·      Users of its websites

·      Subscribers

·      Suppliers and other vendors

·      Other stakeholders

In collecting and using this data, the organisation is subject to a variety of legislation controlling how such activities may be carried out and the safeguards that must be put in place to protect it.

The purpose of this policy is to set out the relevant legislation and to describe the steps Yello Media Group Ltd is taking to ensure that it complies with it.

This control applies to all systems, people and processes that constitute the organisation’s information systems, including board members, directors, employees, suppliers and other third parties who have access to Yello Media Group Ltd systems. 

The following policies and procedures are relevant to this document:

·     Data Protection Impact Assessment Process

·     Personal Data Analysis Procedure

·     Legitimate Interest Assessment Procedure

·     Information Security Incident Response Procedure

·     Records Retention and Protection Policy

2 Data Protection Policy

2.1 The general data protection regulation and other applicable Data Protection Laws

The General Data Protection Regulation 2016 (GDPR), and other applicable Data Protection Laws, is one of the most significant pieces of legislation affecting the way that Yello Media Group Ltd carries out its information processing activities. Significant fines are applicable if a breach is deemed to have occurred under the GDPR, which is designed to protect the personal data of citizens of the European Union, and citizens of any other country where local Data Protection Laws apply. It is Yello Media Group Ltd’s policy to ensure that our compliance with the GDPR and other relevant legislation and applicable local Data Protection Laws is clear and demonstrable at all times.

2.2 Definitions

There is a total of 26 definitions listed within the GDPR and other local Data Protection Laws, it is not appropriate to reproduce them all here. However, the most fundamental definitions with respect to this policy are as follows:

Defined as “any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person”.

2.2.2 Processing

“Any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.”

“The natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.”

 

There are several fundamental principles upon which the GDPR and other applicable local data protection laws are based. These are as set out in Article 5(1) of the GDPR as follows:

“Personal data shall be:

a)    Processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’);

b)    Collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, in accordance with Article 89(1), not be considered to be incompatible with the initial purposes (‘purpose limitation’);

c)    Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);

d)    Accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’);

e)    Kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject (‘storage limitation’);

f)     Processed in accordance with the rights of data subjects which includes subject access, rectification, object, withdraw consent, forgotten, data portability and right to object to automated processing;

g)    Processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction, or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’).

h)   Transferred to a country or territory which ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data. However, this does not apply where the data subject has consented to the transfer, or where the transfer is necessary for the performance of an obligation imposed by law on the Data Controller in connection with the data subject’s employment.”

Paragraph 2 further states that “The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 (‘accountability’).”

 

Yello Media Group Ltd will ensure that it complies with all these principles, both in the processing it currently carries out and as part of the introduction of new methods of processing such as new IT systems. 

 

2.4 Rights of the Individual

The data subject also has rights under the GDPR and other applicable local data protection laws. These consist of:

1.               The right to be informed

2.               The right of access

3.               The right to rectification

4.               The right to erasure

5.               The right to restrict processing

6.               The right to data portability (where applicable)

7.               The right to object

8.               Rights in relation to automated decision making and profiling

Each of these rights are supported by appropriate procedures within Yello Media Group Ltd that allow the required action to be taken within the timescales stated in the GDPR.

These timescales are shown in Table 1.

DATA SUBJECT REQUEST

TIMESCALE

The right to be informed

When data is collected (if supplied by data subject) or within one month (if not supplied by data subject)

The right of access

One month

The right to rectification

One month

The right to erasure

Without undue delay

The right to restrict processing

Without undue delay

The right to data portability

One month (where applicable)

The right to object

On receipt of objection

Rights in relation to automated decision making and profiling.

Not specified

Table 1: Timescales for data subject requests

2.5 Lawfulness of processing

There are six alternative ways in which the lawfulness of a specific case of processing of personal data may be established under the GDPR and other applicable local Data Protection Laws. It is Yello Media Group Ltd policy to identify the appropriate basis for processing and to document it, in accordance with the Regulation. The options are described in brief in the following sections.

2.5.1 Consent

Where appropriate, Yello Media Group Ltd will obtain consent from a data subject to collect and process their data. In case of children below the age of 16 (a lower age may be allowable in specific EU member states) parental consent will be obtained. Transparent information about our usage of their personal data will be provided to data subjects at the time that consent is obtained and their rights regarding their data explained, such as the right to withdraw consent. This information will be provided in an accessible form, written in clear language and free of charge.

 

If the personal data are not obtained directly from the data subject, then this information will be provided to the data subject within a reasonable period after the data are obtained and definitely within one month.

 

2.5.2 Performance of a contract

Where the personal data collected and processed are required to fulfil a contract with the data subject, consent is not required. This will often be the case where the contract cannot be completed without the personal data in question, for example, a delivery cannot be made without an address.

 

2.5.3.Legal obligation

If the personal data are required to be collected and processed in order to comply with the law, then consent is not required. This may be the case for some data related to employment, immigration status and taxation for example, and for many areas addressed by the public sector.

 

2.5.4 Vital interests of the data subject

In a case where the personal data are required to protect the vital interests of the data subject or of another natural person, then this may be used as the lawful basis of the processing. Yello Media Group Ltd will retain reasonable, documented evidence that this is the case, whenever this reason is used as the lawful basis of the processing of personal data. As an example, this may be used in aspects of social care, particularly in the public sector.

 

2.5.5 Task carried out in the public interest

Where Yello Media Group Ltd needs to perform a task that it believes is in the public interest or as part of an official duty then the data subject’s consent will not be requested. The assessment of the public interest or official duty will be documented and made available as evidence where required.

 

2.5.6 Legitimate interests

If the processing of specific personal data is in the legitimate interests of Yello Media Group Ltd and is judged not to affect the rights and freedoms of the data subject in a significant way, then this may be defined as the lawful reason for the processing. Again, the reasoning behind this view will be documented.

 

2.6 How We Collect Information

We collect the information in various ways: in person, in writing, by phone, by email or via the interview if you connect with YMG online. 

2.6.1 How We Use and Disclose Your Information

We collect and hold data about you for the purpose of fulfilling, creating and marketing the products you have purchased from Yello Media Group, which includes billing and collections, and may involve sharing the data with a third-party vendor. We will treat your personal information as private and confidential.  We will only use or disclose if for purposes directly related to the products and services you have purchased from Yello Media Group and our third-party vendor. We will endeavour to transfer this information in an anonymized format. We stipulate security and confidentiality requirements on how they handle your personal information.

We may provide information to:

The local telco provider who Yello Media Group partners with our Customer Relationship Management system provider

The printers of our directories

Debt collection agencies

Third party vendors who we may need to deal with in order to deliver our products and services.

2.6.2 How to withdraw consent

You can withdraw consent to provide information to any one of the entities listed above, however, this may result in a delay to the fulfilment of the products and services you have purchased from Yello Media Group.

Please contact the Data Protection Officer at [email protected] 

2.7 Privacy by design

Yello Media Group Ltd has adopted the principle of privacy by design and will ensure that the definition and planning of all new or significantly changed systems that collect, or process personal data will be subject to due consideration of privacy issues, including the completion of one or more data protection impact assessments.

The data protection impact assessment will include:

·      Consideration of how personal data will be processed and for what purposes

·      Assessment of whether the proposed processing of personal data is both necessary and proportionate to the purpose(s)

·      Assessment of the risks to individuals in processing the personal data

·      What controls are necessary to address the identified risks and demonstrate compliance with legislation

 

Use of techniques such as data minimization and pseudonymisation will be considered where applicable and appropriate. 

 

2.8 Contracts involving the processing of personal data

Yello Media Group Ltd will ensure that all relationships it enters that involve the processing of personal data are subject to a documented contract that includes the specific information and terms required by the GDPR and other local Data Protection Laws. 

2.9 International transfer of personal data

Transfers of personal data outside the European Union or countries where local Data Protection Laws apply will be carefully reviewed prior to the transfer taking place to ensure that they fall within the limits imposed by the GDPR or other local Data Protection Laws apply. This depends partly on the European Commission’s judgement as to the adequacy of the safeguards for personal data applicable in the receiving country and this may change over time.

Where an adequacy decision does not exist for a destination country, an appropriate safeguard such as standard contractual clauses will be used, or a relevant exception identified as permitted under the GDPR or other local Data Protection Laws.

Intra-group international data transfers will be subject to Standard Contractual Clauses (SCC) between the various Yello Media Group entities which provide enforceable rights for data subjects. 

2.10 Data protection officer

A defined role of Data Protection Officer (DPO) is required under the GDPR if an organisation is a public authority, if it performs large scale monitoring or if it processes particularly sensitive types of data on a large scale. The DPO is required to have an appropriate level of knowledge and can either be an in-house resource or outsourced to an appropriate service provider.

Based on these criteria, Yello Media Group Ltd has appointed a Data Protection Officer. All enquiries may be sent to [email protected].

2.11 Breach notification

It is Yello Media Group Ltd’s policy to be fair and proportionate when considering the actions to be taken to inform affected parties regarding breaches of personal data. In line with the GDPR, where a breach is known to have occurred which is likely to result in a risk to the rights and freedoms of individuals, the relevant supervisory authority will be informed within 72 hours or within the time frame specified under the relevant local Data Protection Law. This will be managed in accordance with our Information Security Incident Response Procedure which sets out the overall process of handling information security incidents.

Under the GDPR and other relevant Local Data Protection Laws the relevant Data Protection Authority (DPA) has the authority to impose a range of fines of up to four percent of annual worldwide turnover or twenty million Euros for infringements of the regulations, or fines relevant to other Local Data Protection Laws.

The General Data Protection Regulation and other applicable local Data Protection laws also give you the right to lodge a complaint with a supervisory authority in the country where you live or where any alleged infringement of data protection laws occurred. If you consider that your inquiry or complaint has not been handled to your satisfaction, please contact the authority responsible for Data Protection laws in the country where you live. Contact details for those countries that have Supervisory Authorities are as follows:  

  

The Cayman Islands (Ombudsman Office) email: [email protected]   

 

Guernsey (Office of Data Protection Authority) email: [email protected]  

2.12 Addressing compliance to the GDPR & other relevant local Data Protection Laws

The following actions are undertaken to ensure that Yello Media Group Ltd complies at all times with the accountability principle of the GDPR:

·      The legal basis for processing personal data is clear and unambiguous

·      A Data Protection Officer is appointed with specific responsibility for data protection in the organisation (if required)

·      All staff involved in handling personal data understand their responsibilities for following good data protection practice

·      Training in data protection has been provided to all staff

·      Rules regarding consent are followed

·      Routes are available to data subjects wishing to exercise their rights regarding personal data and such enquiries are handled effectively

·      Regular reviews of procedures involving personal data are carried out

·      Privacy by design is adopted for all new or changed systems and processes

·      The following documentation of processing activities is recorded:

o   Organisation name and relevant details

o   Purposes of the personal data processing

o   Categories of individuals and personal data processed

o   Categories of personal data recipients

o   Agreements and mechanisms for transfers of personal data to non-EU countries including details of controls in place

o   Personal data retention schedules

o   Relevant technical and organisational controls in place

These actions are reviewed on a regular basis as part of the management process concerned with data protection.