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PRIVACY POLICY
The
YayFOOD, LLC("yayFOOD") (referred to as "Our" and/or "We") owns and
operates a website and an Affiliate Program at yayFOOD.com and may also
publish various eBooks (hereinafter collectively referred to as the
"Sites"). "You" refers to the person using the Sites. We
strive to
offer You the many advantages of Internet technology and to provide an
interactive and personalized experience. We may use
"Personally
Identifiable Information" (name, e-mail address, street address,
telephone number, IP address, financial information, social security
number and/or other form of tax identification number, and other
information) subject to the terms of this Privacy Policy. We will never
sell, barter, or rent your email address to any unauthorized third
party. We employ specific security measures when storing, retrieving,
or accessing any form of financial information and/or social security
number and/or other form of tax identification number.
How We Gather Information From Users
How
we collect and store information depends on the page you are visiting,
the activities in which you elect to participate and the services
provided. For example, you may be asked to provide information when you
register for access to certain portions of our site or request certain
features, such as newsletters or when you make a purchase. You may
provide information when you participate in any of Our programs, on or
by the Sites and other interactive areas of the Sites. Like most
websites, we also collect information automatically and through the use
of electronic tools that may be transparent to You. For example, we may
log the name of your Internet Service Provider or your IP address, or
use information available through the Internet, cookie technology,
other forms of technology, and technologies yet to be conceived and/or
implemented, to recognize You and hold information from your visit.
Among other things, these technologies, in whole or in part and in any
possible combination, may store your user name and password, sparing
You from having to re-enter that information each time You visit,
identify your account number, or may control the number of times You
encounter a particular advertisement while visiting the Sites, or be
used to Our advantage to market products and services on behalf of Us
or Our Advertisers, or in any other way we see fit. (To learn more
about "IP addresses" or "cookies", find information by use of an
Internet search engine.) As we adopt additional technology,
We may
also gather additional types and categories of information about You
and Your use of the Sites, its Programs, Your use of the Internet,
and/or Your implied topics of interest, usage, or research, and do this
through other means.
In certain
instances, you can choose not to provide us with information, for
example by setting your browser to refuse to accept cookies, but, if
you do, you may be unable to access certain portions of the site or may
be asked to re-enter your user name and password, or we may not be able
to customize the site's features according to your preferences, or you
may not be able to become a Participant in some or all of the
programs. Furthermore, in some instances (as detailed in the
Terms and
Conditions as well as in the paragraph below entitled "Taxpayer
Identification Number") if you fail to provide us with information we
request, you may be ineligible to participate in some or all of the
programs and/or services offered through the Sites.¹
What We Do With the Information We
Collect
Like other web services, We collect information to formulate lists of
topics, categories of interest and/or use, and Your implied specific
areas of interest. This may be used to enhance Your visit, deliver more
individualized content and advertising, to affect our accounting
methodology, to secure our database(s), to protect Us from illicit
usage of the Sites, or to disable certain services or programs for use
by You. We respect your privacy and do not share your information with
anyone outside of Our organization and any subsidiaries We may have.
Additionally, real time transmission of the information may occur to
affect, enable, or enhance other programs and services.
Aggregate
Information (information that does not personally identify You) may be
used in many ways. For example, we may combine information about your
usage patterns with similar information obtained from other users to
help enhance the Sites and the services offered therein (e.g., to learn
which pages are visited most or what features are most attractive).
Aggregate Information may occasionally be shared with or sold to The
YayFOOD, LLC and its licensees and subsidiaries, our advertisers, Our
business partners, or the general public. Again, this information does
not include any Personally Identifiable Information about You or that
would allow anyone to identify You individually. Additionally, periodic
transmission of the Aggregate information may occur to affect, enable,
or enhance other programs and services.
We
may use Personally Identifiable Information collected by and/or
retained on the Sites or through any of our Affiliate's links, to
communicate with You about your registration and customization
preferences; our Terms and Conditions (aka License/Terms and Conditions
(of Use)/Terms of Service), this Privacy Policy, or any other legal
documents contained on the Sites or any other legal documents which
pertain to your participation; services and products offered, now or in
the future, by AHI or by YayFOOD , LLC; or any other topics we think
you might find of interest. Any such communication may be in
the form
of email or by telephone or any other means suitable to the type of
communication, including any new information delivery technologies that
might become available.
Personally
Identifiable Information collected by and/or retained on the Sites or
through any of our Affiliate's links, may also be used for other
purposes, including but not limited to site administration,
troubleshooting, processing of e-commerce transactions, administration
of sweepstakes and contests, and other communications with You. Certain
third parties who provide technical support for the operation of the
Sites (our Web hosting service for example), in general, may access
such information. We will use your information only as permitted by
law. In addition, from time to time, as we continue to develop our
business, we may sell, buy, merge or partner with other companies or
businesses. In such transactions, user information may be among the
transferred assets.
We
may also disclose your information in response to a court order, at
other times when we believe we are reasonably required to do so by law,
in connection with the collection of amounts you may owe to us, and/or
to law enforcement authorities whenever we deem it appropriate or
necessary. Please note we may not provide you with notice prior to, or
after, disclosure in such cases.
Occasionally
The YayFOOD, LLC is approached by companies and professional
associations seeking to inform our Members, Participants, Purchasers,
and Affiliates, about products or services that may be of interest to
them. We review these requests and when, in our judgment, we think the
information would be of benefit to these persons or entities, we
cooperate in getting you this information. We view receiving such
information as a benefit for those who are seeking new tools to help
them run their online business. In such cases, we would
provide you
with this information directly, rather than provide your Personally
Identifiable Information to the outside companies and professional
associations. We may initiate the communication of any information or
advertising for Our direct or indirect financial gain and it is done so
without any compensation due to You or any other recipient of the
information.
Financial Information
We
may use third party merchant payment verification and processing
companies to obtain payment and approvals and to bill users for goods
and services. We do not have complete control over the actions or
intentions of the third party payment processors or how they use the
information that you may provide during a payment transaction and
therefore have no responsibility for their use of the data specific to
the transaction. These payment processors, and/or Your own financial
institution may, in some circumstances, make secondary use of Your
personal information and purchasing history; it is Your responsibility
to contact the payment processors and/or Your financial institution for
information regarding their specific usage of the information conveyed
during transactions.
On
most purchases and transactions on the Sites, or through our
Affiliates' links, yayFOOD will normally collect and record
merchant/payment processing information. Much of the determination on
what information is collected and/or archived before, during, and/or
after a purchase transaction, is based on the provisions and/or
limitations of the payment processor systems that are implemented on
each of the Sites, and this may vary from site to site. Purchases will
normally be done via third party merchant transaction or other payment
providers and such information during the post sale transaction of data
and the data communication between their computer(s) and our
computer(s) may not be encrypted nor protected with SSL or any other
form of encryption software, in some cases.
The
actual account access credentials information is not supplied to Us,
but is available only for purposes of processing and completing the
purchase transaction. The account and/or credentialization information
is only disclosed to specific third parties as necessary to complete
the purchase transaction, or during the process of financing the
transaction. Additionally, notifications delivered in the form of email
to Us will be delivered unencrypted and clearly readable in standard
character sets defined by or within the geography of delivery or by or
within the receiving computers configuration. During the entire process
of placing and paying for an order, there may be several steps in the
process where data is transmitted unencrypted and this is variable
between Users partly based on the configuration of web browser
technology or by any other means they access the Sites, or by the
payment method and/or payment or merchant transaction processor chosen
or available at the time of purchase, or by any third party provider
used by the merchant transaction or associated payment processor, all
of which is beyond Our control. Your payment processor ids, payment
processor transaction identifiers, dates and times of transactions,
contractual obligations or details specific to the transactions,
checksums, electronic forms of signature, and any other useful
information for identifying or explaining or replicating the
transaction may be stored temporarily or permanently on the Sites.
Requesting Your Personally
Identifiable Information and/or Financial Information
Upon
written request we may provide You with access to information that we
maintain about You including, but not limited to, financial information
(e.g., payment processor and/or merchant account information), unique
identifier information (e.g., customer number or password), transaction
information (e.g., dates on which You made purchases, amounts
and types
of purchases), participation history (e.g. dates on which you
subscribed to lists at the Sites), and/or contact information (e.g.,
name, address, phone number). You may also obtain some or all
of this
information directly from your Affiliate Back Office (also referred to
as your "Profile). Upon request, we offer You the ability to
have
inaccuracies corrected in contact information, financial information,
and/or transaction information as further detailed in this Sites' Terms
and Conditions.
Affiliated
Sites, Linked Sites and Advertisements.
We expect Our members, partners, advertisers, and Affiliates to respect
the privacy of Our Users. Be aware, however, that third parties
(including, but not limited to, our members partners, peers,
advertisers, Affiliates, The YayFOOD, LLC entities and personnel, other
content providers, or other advertising services) (collectively
referred to as "Promotional Partners") whose websites may be accessible
through the Sites, may have their own privacy and data collection
policies and practices. For example, during
Your
visit to the Sites, or websites that the Sites provide advertising
services to, You may link to or view, certain content that is actually
owned, created, hosted by a third party, or hosted or advertised by
another service, or websites far removed from and unrelated to the
Sites. Also, through the Site, You may intentionally or unintentionally
be introduced to, or be able to access, information, other websites,
programs, products, services, features, contests or sweepstakes offered
by other parties. We are not responsible for the actions or
policies
of such third parties. You should check the applicable privacy policies
of each of those third parties when providing information on any pMMe
operated by a third party.
While
on the Sites, our Promotional Partners or other third parties may use
cookies or other technology to attempt to identify some of your
preferences or retrieve information about you. For example, some of our
advertising is served by third parties and may include cookies that
enable the advertiser to determine whether you have seen a particular
advertisement before. Other features available on the Sites may offer
services operated by third parties and may use cookies or other
technology to gather information. AHI does not control the use of this
technology by third parties or the resulting information, and is not
responsible for any actions or policies of such third parties.
You
should also be aware that if you voluntarily disclose Personally
Identifiable Information on message boards or in chat areas which may
be accessible through the Sites, that information can be viewed
publicly and can be collected and used by third parties without our
knowledge and may result in unsolicited messages from other individuals
or third parties. Such activities are beyond the control of AHI and
this Policy.
Taxpayer Identification Number
(Affiliates Only)
Individuals or entities who register as Affiliates (hereinafter
"Payees") AND who are due any monies from their participation in the
AHI Affiliate Program, must provide their Taxpayer Identification
Number (either their social security number or employer identification
number if a United States citizen or resident, or other form of
identification provided by their country of origin or residence) to
AHI. AHI cannot make any payments to said Payee until the Payee submits
their appropriate Taxpayer Identification Number and supporting
Identification to AHI (as required by the Affiliate Agreement of the
Sites).
Furthermore,
AHI may not pay any monies to any United States resident or citizen
that would cause such Payee's cumulative earnings to meet or exceed
$600 during a calendar year, until that Payee submits an original,
signed copy of IRS form W-9 as per instructions contained in the Sites'
Terms and Conditions. We are required to collect this information from
each Payee in order to report each Payee's earnings to the U.S.
Internal Revenue Service, (and/or to the taxing authorities of any
nation, state, or political subdivision whose laws or regulations we
are obligated to respect), and to issue IRS form 1099-MISC to the Payee
and to the IRS. (To read more about the IRS Regulations that govern our
operation, visit http://www.irs.gov/businesses/small/article/0,,id=99928,00.html.)
If
you are neither a citizen nor a resident of the United States, You do
not need to provide a U.S. taxpayer identification number, but in this
case we are required to withhold a portion of any monies that may be
due to You and remit them to the IRS. (You are still required to
provide us with Personal Identification as required in the Sites' TERMS
AND CONDITIONS.) For more information on withholdings for
foreign
persons or entities, click here. (You must apply to the IRS for a
refund of this money if you do not owe any United States income taxes
or are not subject to any laws pertaining to United States income
taxes.) You should not be asked for (and You should never provide) Your
taxpayer identification number, unless You are applying for a Program
that entitles you to earn monies (whether such monies are derived from
credits converted to cash, or otherwise).
Children
We
designed this Policy to comply with the Children's Online Privacy
Protection Act ("COPPA"). The YayFOOD, LLC does not knowingly collect
or solicit Personally Identifiable Information from or about children
under the age of 13 except as permitted by law. If we discover we have
received any information from a child under the age of 13 in violation
of this policy, we will delete that information immediately. If you
believe The YayFOOD, LLC has any information from or about anyone under
the age of 13, please contact us at the address listed below.
User Emails or Testimonials
If
you are a customer and send an email to the Sites, to AHI, or to
YayFOOD , LLC, or if you communicate with any of them by phone or mail
or other means, the party you are communicating with collects
information about your communication. By communicating with the any of
them, you give your permission to collect, archive, retrieve, and
otherwise use any information collected as the Network sees fit.
Any communication which, in our
sole discretion, we deem to be a testimonial, may be publicized for
commercial purposes.
Legal Disclaimer
The
YayFOOD, LLC uses reasonable precautions to keep the information
disclosed to Us secure. We will use your information only as
permitted
by law. Though we make every effort to preserve user privacy, we may
need to disclose Personal Identifiable Information when required by law
wherein we have a good-faith belief that such action is necessary to:
1)
Conform to the edicts of the law or to comply with a current judicial
proceeding, a court order, or legal process served on
either AHI or
YayFOOD , LLC;
2) Protect and defend the rights or
property of the Sites or visitors to the Sites;
3)
Identify persons who may be violating the law, any legal notice, or the
rights of third parties (including those violating the Terms and
Conditions of the Sites);
4) Cooperate with the
investigations of purported unlawful activities;
In
addition, from time to time as we continue to develop our business, we
may sell, buy, merge or partner with other companies or businesses. In
such transactions, user information may be among the transferred
assets. We may also disclose your information in connection with the
collection of amounts you may owe to us, and/or to law enforcement
authorities whenever we deem it appropriate or necessary. Please note
we may not provide you with notice prior to, or after, disclosure in
such cases.
The
YayFOOD, LLC does not endorse, nor is it responsible for the accuracy
of the privacy policies and/or terms and conditions and/or terms of
use/service of each or any of the advertisers within the Sites. The
entities which advertise and/or place ads with The YayFOOD, LLC are
independent third parties and are not affiliated with The YayFOOD, LLC
and are neither owned nor operated by yayFOOD , LLC, unless otherwise
stated on such site. Furthermore, The YayFOOD, LLC is not
responsible
for any breach of security, misuse of information, or for any other
actions of any third parties that may receive the information.
Contacting Us
We can be reached by contacting:
Yayfoodadmin at gmail.com
yayFOOD, LLC
PO Box 216
Fairless Hills, PA 19030
Changes to This Policy
We reserve the right to change this policy at any time. Please check
this page and the Site's Terms and Conditions periodically for changes.
Your continued use of the Sites following the posting of changes to
this Privacy Policy will mean You accept those changes. Information
collected prior to the time any change is posted will be used according
to the rules and laws that applied at the time the information was
collected.
Your Acceptance of These Terms
By agreeing to receive information from Us, by downloading any yayFOOD
eBook, or by participating in the yayFOOD Affiliate Program, you agree
to this Privacy Policy. We reserve the right, at our discretion, to
change, modify, add, or remove portions of this policy at any time. All
Privacy Policy changes will take effect immediately upon their posting
on the Sites. Please check this page periodically for changes. Your
continued use of the Site or acceptance of any email from AHI following
the posting of changes to these terms will mean that you accept these
changes.
Governing Law
This policy and the use of this Site are governed by the laws of the
State of Pennsylvania, in the County of Bucks, United States. If a
dispute arises under this Policy we agree to first try to resolve it
with the help of a mutually agreed-upon online mediator. Any costs and
fees (other than attorney fees) associated with the mediation will be
shared equally by each of us.
If
it proves impossible to arrive at a mutually satisfactory solution
through online mediation, we agree to submit the dispute to binding
arbitration online, under the rules of the American Arbitration
Association. Judgment upon the award rendered by the arbitration may be
entered in any court with jurisdiction to do so.
In
no case shall the User have the right to go to court or have a jury
trial. Users will not have the right to engage in pre-trial discovery
except as provided in the rules; you will not have the right to
participate as a representative or member of any class of claimants
pertaining to any claim subject to arbitration; the arbitrator's
decision will final and binding with limited rights of appeal. |