YELLOW CANARY – USER AGREEMENT. TERMS AND CONDITIONS. PRIVACY POLICY
TABLE OF CONTENT
1. Acceptance of Terms
2. Description of Services
3. Users and account creation
3.1. Users
3.2. Account Creation
3.3. Account cancellation
4. Definitions and Interpretation of most used terms
5. Privacy and Protection of Personal Information
5.1 Privacy Policy
5.2 Controlling your personal information
6. Data Protection Terms
6.1 The Data Yellow Canary Collects
6.1.1 What we collect
6.1.2 What we do with the information we gather
6.2 Data Minimization and Collection Limitation
6.3 Meaningful Notice and Choice
6.4 Limited use and Retention
6.5 Children’s Data
6.6 Data Transfers
6.7 Disclosures of data to Third Parties
6.8 Data Security
7. Intellectual Property
8. GDPR Context
9. Trust and Accountability
10. Access, Correction, Erasure and Portability
11. Global reach, Local touch
12. Contact Us
Date: 13 April 2020
Disclaimer: Yellow Canary, the emotional assessment or the counselling is NOT a replacement to your existing psychiatrist/s, their evaluation, their medication or their treatment. If any respondent is currently undergoing any such treatment/intervention from a psychiatrist, psychotherapist, psychologist, counselor, please continue with this treatment/intervention and do NOT replace these treatments with any outcomes from Yellow Canary either in part or in full. Please contact us at privacy@yellow-canary.org if you have questions on this prior to signing up as a respondent.
Welcome to https://yellow-canary.org/. Yellow Canary through this website, is a not for profit service to the general public and its members, with the express condition that these users agree to be bound by the terms and conditions set forth in this User Agreement. If you do not accept any of these terms, you are not authorized to use the website.
The Yellow Canary project is brought forth by three companies: Buyer Brain, headquartered in the UK, Terragni Consulting, headquartered in India and Lemon Studio, headquartered in Romania.
The rightful owners of Yellow Canary reserve the right to change any of the terms and conditions contained in this Agreement at any time, without notice to you. Your continued use of this website following the posting of any changes to this Agreement constitutes your acceptance of such new term(s).
2. Description of Services
Yellow Canary represents an extension of our expression on how entities should react to a global pandemic. For when problems arise, it's one's responsibility to use their skills and expertise to make the world a better and happier place.
The main objective of this platform is to allow respondents to monitor their emotional wellbeing during the lockdown period, give them an update of such emotional state and provide them with pro-bono psychological support, where possible and if so desired by the participant.
3. Users and account creation
All the collected data will be protected and passed further only to the partner counselors, following prior consent from each individual respondent.
3.1. Users
Any natural or legal person may participate in Yellow Canary, by registering.
The use of Yellow Canary is reserved for persons 18 years of age or older.
Users must register by truthfully completing a registration form and accepting these terms of use. To gain access to the services, you must register. You declare that any information you provide upon registration or at any time thereafter is true, accurate and complete. If it is not, this constitutes a violation of these terms of use. Personal data will not be sold or rented to third parties. The Yellow Canary only uses the information required to make participation possible and provide accurate assessment results. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account, either with or without your knowledge or consent.
Yellow Canary will not be liable for any loss or damage that you may incur as a result of someone else using your password or account, either with or without your knowledge. By registering, you agree to use the services exclusively for the purposes as indicated on the Yellow Canary website or any other information materials published by Yellow Canary. Furthermore, you agree that the contact information (such as email address and phone numbers) provided by you is valid.
3.2 Account Creation
In order to be able to participate in the assessment provided by Yellow Canary, you will have to create an account by completing the Create an account form.
When you create an account, you agree to maintain the security of your password and accept all risks of unauthorized access to any data or other information you provide to the Service.
The creation of the account will require personal data as: name, phone, e-mail, age, location, education, and other information that will be needed to complete the profile for an accurate resolution of Yellow Canary’s services.
During the process and while your account is still valid, you will receive daily reminders to complete your personal assessment.
3.3. Account cancellation
If you want to cancel the account and stop receiving reminders and participating in the assessment, you can do that from your account, by choosing to delete the account. Deleting your account will result in all your data being automatically erased without the possibility of restoring it.
4. Definitions and Interpretation of most used terms
Respondent – Any registered person, who will participate willingly in the project by completing the provided assessment.
Assessment - a detailed investigation and analysis of a subject or situation.
Wellbeing - the respondent’s emotional state.
Counselors – professional psychologists or counselors that have partnered with Yellow Canary to offer help and advice. Any help offered by Yellow Canary’s partners under this contract should be free of charge.
5. Privacy and Protection of Personal Information
5.1 Privacy Policy
This privacy policy sets out how Yellow Canary uses and protects any information that you give Yellow Canary when you use this website.
Yellow Canary is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
Yellow Canary may change this policy from time to time by updating this page. You should check this page periodically to ensure that you are happy with any changes.
5.2 Controlling your personal information
You may choose to restrict the collection or use of your personal information. We will not distribute your personal information to third parties unless we have your permission or are required by law to do so. Given your consent, we may send your personal information to psychology or counseling NGOs or practices that have partnered with Yellow Canary for this project.
6. Data Protection Terms
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
We implement multi-layered organizational, technical and administrative measures that are designed to protect the personal data under our control. These include, among others: limiting access to data; using technology measures like firewalls, encryption, malware protection and intrusion detection software; maintaining policies that are aligned to a wide variety of legal requirements; and holding our associates accountable for maintaining safe data-handling practices and adhering to our internal policies.
6.1 The Data Yellow Canary Collects
Yellow Canary collects personal data from individuals who agree to participate in this project and accept the terms & conditions of the project.
6.1.1 What we collect
We may collect the following information:
- Name
- Contact information including email address or phone
- Other demographic information relevant to the study
- Respondents’ reactions and answers to each assessment.
6.1.2 How we use the information we gather
We require this information for research purposes, to establish respondents’ emotional wellbeing status and to facilitate free emotional support for respondents during the COVID-19 quarantine.
We collect data only for research and statistical purposes. Yellow Canary is not under the incidence of healthcare regulations. In this regard, we do not process information for medical, psychological or diagnostic purposes. For any diagnostic or specialized questions about your mental state please address any psychologist or psychiatrist in your country.
6.2 Data Minimization and Collection Limitation
Following the concept of data minimization, we limit the collection of personal data to the extent possible while still enabling us to derive meaningful and accurate measurements and insights.
When we use direct identifiers, we limit access to such information both internally and externally and implement appropriate data security measures, which are designed to protect individuals’ privacy.
When working with a third-party (for example the psychologists involved in our project), we make sure respondents gave us their consent to share their data further. We also make sure the third party understands the terms & conditions of the present study. However, Yellow Canary is not responsible for the services provided by the third-party psychologists. For any complaints regarding the psychological services provided during this study, please address directly the NGOs involved: https://yellow-canary.org/contact.
When we have removed identifying elements from the data that we collect, we take steps to prevent the data from being re-associated with identifiable data.
6.3 Meaningful Notice and Choice
We provide clear notice about the data we collect and how we use it. We offer choices about our data collection at a time and in a context that reflects the sensitivity of the data being collected. Respondents agree to the collection and processing of their data and may withdraw their participation at any time. Individuals also have the ability to opt out of our online and mobile data collection at any time.
6.4 Limited use and Retention
We restrict access to and use of personal data to Yellow Canary associates and service providers with a legitimate business purpose. We establish records retention policies to limit how long we keep personal data.
6.5 Children’s Data
We do not collect data about children for any reason during this research project process.
6.6 Data Transfers
Yellow Canary stores data on its servers in Romania. E.U. and on the Amazon and Survey Monkey servers.
Entities responsible for this project are located in UK, Romania and India.
Yellow Canary remains committed to protecting the personal data of its respondents.
6.7 Disclosures of data to Third Parties
We do not sell data to third parties. We may use your personal information to send them to third parties only during this research project and only with your consent.
We contractually require service providers that have access to our data to keep it secure and use it to perform only the services they have been engaged to provide.
6.8 Data Security
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
We implement multi-layered organizational, technical and administrative measures that are designed to protect the personal data under our control. These include, among other things: limiting access to data; using technology measures like firewalls, encryption, malware protection and intrusion detection; maintaining policies that are aligned to a wide variety of legal requirements; and holding our associates accountable for maintaining safe data-handling practices and adhering to our internal policies.
7. Intellectual Property
We grant you permission to use the services in accordance with these terms and conditions. You agree not to copy, sell, modify, rent, lease, lend, download, store, reproduce, transmit, republish, upload, resend, post, use for commercial purposes, distribute, or create hyperlinks of the services or part(s) of the services. We reserve all rights, expressed and not expressed, in these terms of use. All rights reserved, including without limitation, copyrights, patents and trade secrets, trademarks or service marks related to the services hereinafter referred to as “Intellectual Property". These are the exclusive property of Yellow Canary. We will not transfer any rights or intellectual property to you. Content of the services covered by intellectual property, may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written permission of Yellow Canary or the rightful owner.
8. GDPR Context
Yellow Canary is operating in accordance with the REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) and effective 25 May, 2018, is a further evolutionary step in the protection of the privacy rights of individuals (for example, tighter restrictions around consent, the right to be forgotten, the type and amount of personal data that can be utilized, data access and security, etc.) beyond those protections that have already been in place for some time in the European Union and in many other countries around the world.
As such, the protection of personal data is a top priority for Yellow Canary as a producer of information about people. We rely primarily on demographic and aggregated data from which we cannot directly identify people, and we maintain appropriate limits on access to data about specific individuals where we hold it. We process individual responses and identify respondents only with their consent. Our internal policies and procedures conform to applicable laws and industry standards around the globe.
We are committed to responsible stewardship of the data under our control and to compliance with all applicable data protection laws that regulate the collection, use and disclosure of data about individual people. We use tools and methods designed to prevent individuals from being identifiable in our reports and insights, and we take steps to prevent the data we collect from being reused in ways that have not been communicated to individuals and/or could negatively affect them. From where the case is, we identify respondents in order to be contacted further by our NGO partners and provide free psychological support, but only with their prior consent.
10. Access, Correction, Erasure and Portability
We provide individuals with reasonable opportunities to access the personal data Yellow Canary holds about them and correct that if it’s inaccurate. Respondents can see their personal information provided by accessing the accounts created on the Yellow Canary website in the “Profile” section.
Depending on your country or state of residence, under applicable law, individuals may have various additional rights with respect to personal data processed.
Rights may include one or more of the following:
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To request confirmation as to whether or not personal data is processed, and, where that is the case, access a copy of the data we hold and to request it is updated or corrected where it is inaccurate;
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To object to processing of personal data;
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To propose other restrictions on the processing of personal data and
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To request that personal data is deleted (where applicable).
Individuals that are interested in exercising one or more of the rights described above can submit a request by contacting us at privacy@yellow-canary.org.
Only the individual data subject or an “Authorized Agent” permitted to act on their behalf may submit a request. An “Authorized Agent” means a natural person or a business entity that has been properly authorized to act on the individual’s behalf. Please note, we may deny a request from an Authorized Agent if they do not submit proof that they have been authorized by the individual data subject to act on their behalf.
A request must provide enough information that allows us to reasonably verify that the requestor is the person about whom we collected personal data or their Authorized Agent; and include enough detail to allow us to properly understand, evaluate, and respond to it.
We cannot respond to a request or provide personal data if we cannot verify the identity of the requestor or their authority to make the request. To verify a requestor’s identity, we will match data provided when the request is submitted to any personal data we already maintain.
Additional information for users in the EU/EEA: Individuals that have questions or concerns about Yellow Canary’s collection and processing of personal data can contact us at privacy@yellow-canary.org.
Individuals that are dissatisfied with the way Yellow Canary has processed personal data or any privacy query or request that they have raised to us have the right to complain to the Supervisory Authority in their country of residence or the location where the issue that is the subject of the complaint occurred. The contact details of all the EU national Supervisory Authorities can be found by visiting: EU National Data Protection Authorities.
11. Global reach, Local touch
We are committed to respecting the diverse cultures and local laws of the countries in which we operate.
12. Liability provisions
The sole purpose of Yellow Canary is to help ease the mental pressure of people under isolation and thus help in enhancing their emotional wellbeing.
We do this pro bono as our way of ensuring we bring joy and happiness to people using our skillsets and knowledge.
The expertise of the owners of Yellow Canary lie in the emotion assessment that is being conducted through Yellow Canary. This assessment is then passed on to counselling organizations who partner with Yellow Canary on a pro-bono basis.
While much care has been taken in vetting these partner counselling organizations, as such, Yellow Canary takes no responsibility in part or in full of the quality, speed and efficacy of the counsellors of these partner organizations.
The respondents shall at no times, ascribe any responsibility/liability whatsoever, to Yellow Canary or any of the entities that own/partner Yellow Canary due to any perceived or real lapse from such counsellors or counselling organizations. These partner organizations are independent entities who have no linkage , monetary or otherwise with Yellow Canary or with any of the owner entities of Yellow Canary.
The respondents, their families, their partners hereby indemnify Yellow Canary and the owner entities of Yellow Canary from and all damages arising out any and all counselling interventions from counselors who the respondent may connect /contact on the basis of the emotion assessment arising out of Yellow Canary.
13. Contact Us
You may request details of personal information which we hold about you under the REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016. If you would like a copy of the information held on you, please write to privacy@yellow-canary.org.
If you believe that any information, we are holding on you is incorrect or incomplete, please email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.