IMPORTANT INFORMATION AND WHO WE ARE
Full name: Dean Bryan
Email address: firstname.lastname@example.org
Postal address: Yyoma Ltd, Packwood House, Guild Street, STRATFORD-UPON-AVON, Warwickshire, CV37 6RP, UNITED KINGDOM
[Telephone number: +44 1789 636603
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
THE DATA WE COLLECT ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
- Account Data which includes your first name and surname, username, password, telephone number, email address, and details of the subscription you have purchased.
- Billing Data which includes bank account and payment card details, billing dates, and details of payments made to and from you.
- Technical Data which includes your internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.
- Usage Data which includes information about how you use the platform, what content you view and search for, your interactions with communications we send to you (e.g. via text or email) and your preferences.
- Marketing and Communications Data which includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with our services). In this case, we may have to cancel an order for products or services you have placed with us, but we will notify you if this is the case at the time.
HOW IS YOUR PERSONAL DATA COLLECTED?
We use different methods to collect data from and about you including through:
- Direct interactions. You may give us your Account Data by inputting the data into our platform upon signing up to a subscription. This includes personal data you provide when you:
- request marketing to be sent to you; or
- raise a query or contact us.
HOW WE USE YOUR PERSONAL DATA
PURPOSES FOR WHICH WE WILL WE USE YOUR PERSONAL DATA
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
Promotional offers from us
We may use your Contact, Technical and Usage Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested information from us or purchased products or services from us and you have not opted out of receiving that marketing.
We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.
You can ask us or third parties to stop sending you marketing messages at any time.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product or services purchase, product or services experience or other transactions.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
DISCLOSURES OF YOUR PERSONAL DATA
We may share your personal data with the parties set out below for the purposes set out in the table “Purposes for which we will use your personal data” above.
- Service providers acting as processors such as Facebook, Google, Instagram, Twitter, Linkedin, Hubspot, AWS, Freshdesk, Muebox, Stripe, Paypal, App Store, Google Play who provide various IT and system administration services.
- Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in the United Kingdom who provide consultancy, banking, legal, insurance and accounting services.
- HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
We may transfer your personal data outside the European Economic Area (EEA) to the third party service providers listed above.
If we were to transfer your personal data out of the EEA, we would ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
- We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.
- Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
How long will you use my personal data for?
We will retain your personal information for 3 years after you delete your account in case you wish to come back to it, unless you ask us to delete it, in which case we will do so upon your request.
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.
In some circumstances you can ask us to delete your data: see your legal rights below for further information.
In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
YOUR LEGAL RIGHTS
Under certain circumstances, you have rights under data protection laws in relation to your personal data. You have the right to:
- Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
- Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
- Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
- Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
- If you want us to establish the data’s accuracy.
- Where our use of the data is unlawful but you do not want us to erase it.
- Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
- You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
- Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
- Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
If you wish to exercise any of the rights set out above, please contact us.
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
WHAT’S IN THESE TERMS?
- Content. Yyoma makes content such as films and television shows (the “Content”) available through its platform accessible at http://yyoma.com/ (the “Platform”), and/or through its app (the “App”)[EK2] . You (“you”) may access the Content through the Platform by creating an account with us and signing up to one of the subscription tiers that we offer (your “Subscription”).
- The Service. The “Service” means the service provided by Yyoma to you via the Platform for discovering and watching the Content, including all features and functionalities of the Platform, recommendations and reviews contained on the Platform and user interfaces, as well as all content and software associated with our Platform.
The Subscription Terms
These terms and conditions (the “Subscription Terms”) govern:
(a) your Subscription;
(b) our making available of Content to you; and
(c) your use of our Platform.
WHO WE ARE AND HOW TO CONTACT US
3.1 Who we are. We are Yyoma Limited a company registered in England and Wales with company number 12761530, and our registered office is at C/O The Accounting Crew 1st Floor Packwood House, Guild Street, Stratford Upon Avon, Warwickshire, England, CV37 6RP (“Yyoma”, “we”, “us”).
3.2 Contacting us. You can contact us by emailing us at email@example.com.
3.3 Contacting you. If we have to contact you we will do so by telephone or by email to you at the email address you provided to us when you purchased your Subscription.
4.1 Purchasing your Subscription. You may purchase a subscription by accepting these Subscription Terms and providing us with your chosen Payment Method. Your Subscription will start on the date that we email you with confirmation of your purchase (this will ordinarily be instantaneous), and will continue until it is terminated in accordance with these Subscription Terms.
4.2 We may offer different subscription plans. Different subscription plans may include restrictions on which Content you have access to, the quality of stream you can watch, and the number of devices on which you can access the Platform and view Content. Such details, together with the fees you agree to pay (the “Fees”), for your Subscription will be displayed to you and confirmed on the subscription sign up page.
4.3 If we cannot accept your purchase. If we are unable to accept your purchase, we will inform you of this and will not charge you for the Fees.
5.1 Login Details. As part of the registration process you shall be required to provide your email address and create a username and password for your account (“Login Details”). You are responsible for the security of your Login Details and we are not liable for any unauthorised access to your account arising from your failure to keep your Login Details secure. We may, in our sole discretion, reject or change your Login Details at any time and shall notify you in the event that such changes are applied.
5.2 Authorised use. You shall not allow use of your Subscription by any other person. If you suspect that your Subscription has been used by another person, you must notify us immediately via email to firstname.lastname@example.org.
5.3 Incentives. From time to time we offer incentives and benefits for Yyoma subscribers. You are therefore responsible for updating any personal details (including email address, telephone number and/or any other contact information) in order to receive details of such offers or receive any benefits. Yyoma shall not be liable for your failure to keep your contact details up to date which may result in your inability to participate or benefit from any such offers or receive any benefit.
5.4 Account activity. The individual who purchases the Subscription is responsible for any activity that occurs through the Yyoma account. We can terminate your Subscription or suspend your account in order to protect you, Yyoma or our partners from identity theft or other fraudulent activity.
6.1 Free trial offer. We may offer you a free trial at the start of your Subscription so that you can test whether the Services are right for you. The duration of the free trial period of your Subscription will be specified on the [subscription sign up page].
6.2 Eligibility. Free trials are permitted and agreed to by Yyoma at its sole discretion. We reserve our right to restrict the eligibility criteria or duration of free trials in order to prevent this gesture being abused. We reserve the right to terminate any free trial offered to you and to suspend your account in the event that we determine that you are not eligible or have abused the terms of the free trial. Members of households with an existing or recent subscription to the Services are not eligible. We may use information such as your device ID, method of payment or the email address used with an existing or recent Subscription to determine eligibility.
6.3 End of your trial period. We will charge the Fees for the next billing cycle to your Payment Method (as defined below) at the end of your free trial unless you cancel your Subscription prior to the end of the free trial.
BILLING AND CANCELLATION
7.1 Payment Method. When you sign up to a Subscription you must provide us with at least one Payment Method. “Payment Method” means a current, valid, accepted method of payment. You must keep your Payment Method up to date and ensure the details are correct. We may also update your Payment Methods using information provided to us by the payment service providers. Following any such change, you authorise us to continue charging the applicable Payment Method(s).
7.2 Payment Authorisation. By agreeing to these Subscription Terms, you authorise us to charge the monthly (or annual, depending on your Subscription) Fees for each billing cycle to your Payment Method. If you cancel your Subscription before your next billing date (see “When you can cancel” below), we will stop charging you for the Fees and no further payments will be taken from your Payment Method.
7.3 Billing Cycle. Yyoma operates billing cycle in accordance with the payment terms of your Subscription, which may be monthly, annual or as otherwise agreed between us. The Fees for your Subscription will be charged to your Payment Method each billing cycle (e.g. each month or year as appropriate) on the specified billing date indicated on the subscription sign up page and in your account profile. There may be occasions where your billing date changes, such as if we try to charge your Payment Method but are unable to take the payment (in which case you authorise us to continue attempting to charge your Payment Method until the payment has successfully been made), or if your Subscription began on a day not contained in a given month.
7.4 Declined payments. You authorise us to charge any Payment Method attached to your Subscription in case your primary Payment Method is declined or no longer available for us to take payment of the Fees. You remain responsible for any unpaid amounts until they have been successfully paid. If a payment of Fees is not successfully made, for any reason, and you have not or do not cancel your Subscription, we may suspend your access to the Platform until we have successfully charged a valid Payment Method. You may be charged certain fees by the issuer of certain Payment Methods (e.g. foreign transaction fees or other fees relating to the processing of your Payment Method). Local tax charges may vary depending on the Payment Method used. You should check with your Payment Method service provider for details of such charges.
7.5 When you can cancel. You can cancel your Subscription at any time for any reason through your account page, by following the instructions on-screen[EK7] . If you cancel your Subscription, you will continue to have access to the Service until the end of the active billing period at the time of your cancellation, at which time your access to the Service shall cease [EK8] and no further payment shall be charged to your Payment Method.
7.6 Post-cancellation. Payments are non-refundable. Subject to your legal rights as a consumer, we do not provide refunds or credits for the remainder of any billing period after your cancellation or for unwatched Content. Where you have a right under law to terminate your Subscription with immediate effect because of something we have done wrong, then we will refund you for one month’s worth of Fees.
7.7 Changes to your Subscription. We may change our subscription plans and the price of the Service from time to time. However, we will always give you 30 days’ notice in advance of any price changes or changes to your Subscription, during which time you will be able to cancel your Subscription in accordance with clause 7.5.
8.1 Right to use the Service. For the duration of your Subscription we grant you a limited, non-exclusive, non-transferable right to access the Service and view the Content. Except for the foregoing, no right, title or interest in the Service, Platform or Content shall be transferred to you. The Service and any Content are for your personal and non-commercial use only and may not be shared with individuals outside your household. You agree not to use the Service for any public performances.
8.2 Geographical Restrictions. Your licence to view the Content is restricted to viewing the Content principally within the country in which you are based and have set up your Subscription, and only in countries or regions where we offer our Service and have obtained a license to show such Content. The Content that is available may vary by geographic location, and may change from time to time in our sole and absolute discretion.
8.3 Updating the Service. The Service, including our catalogue of Content, is updated periodically. Further, in order to improve the Service, we are continually testing and updating the Platform. [EK9]
8.4 Downloads and offline viewing. You may be offered the option and facility to download certain Content to your device or view such Content offline. This is likely to be subject to certain restrictions which will be made known to you at the point of download. [EK10]
8.5 Restrictions on use of the Service. Except as otherwise permitted by law or expressly within these Subscription Terms, you agree:
(a) not to rent, lease, sub-license, loan, provide, or otherwise make available, the Content, Platform or Service in any form, in whole or in part to any person without prior written consent from us;
(b) not to copy the Content, Platform or Service, except as part of the normal use of the Content, Platform or Service;
(c) not to translate, merge, adapt, vary, alter, make derivative works of, or modify, the whole or any part of the Content, Platform or Service nor permit the Platform or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the Service on devices as permitted in these Subscription Terms;
(d) not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Platform nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the Platform to obtain the information necessary to create an independent program that can be operated with the Platform or with another program (a “Permitted Objective”), and provided that the information obtained by you during such activities:
(i) is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
(ii) is not used to create any software that is substantially similar in its expression to the Platform;
(iii) is kept secure; and
(iv) is used only for the Permitted Objective;
(e) to comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Platform;
(f) not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Platform; and
(g) not to use any robot, spider, scraper or other automated means to access the Platform; insert any code or product or manipulate the Platform or Content in any way; or use any data mining, data gathering or extraction method.
8.6 In addition, you agree not to upload or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Service, including any viruses or any other malicious computer code, files or programs. We may terminate your Subscription or restrict your use of the Service if you violate these Subscription Terms or are engaged in any illegal or fraudulent use of the Service.
8.7 Stream quality. The device you use to view Content may affect the quality of the display or stream of Content and how long it takes for Content to start. Other factors may additionally cause video quality to deteriorate such as your location and Internet connection. These factors may also affect your ability to view Content at the level of quality offered (Depending on your Subscription, Content may variably be made available to view in HD, Ultra HD and HDR).
8.8 Technical Requirements. Default playback settings on cellular networks exclude HD, Ultra HD and HDR content. The minimum connection speed for SD quality is 0.5 Mbps; however, we recommend a faster connection for improved video quality. A download speed of at least 5.0 Mbps per stream is recommended to receive HD Content (defined as a resolution of 720p or higher). A download speed of at least 25.0 Mbps per stream is recommended to receive Ultra HD (defined as a resolution of 1080p or higher) and HDR Content. [EK11]
8.9 Yyoma Platform. The features and functionality of the Platform may vary according to the device and medium on which you watch Content. You acknowledge that the use of the Service may require third party software that is subject to third party licenses. You agree that you may automatically receive updated versions of the Platform from time to time.
9.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Subscription Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this agreement or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time your Subscription was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
9.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; or for fraud or fraudulent misrepresentation.
9.3 When we are liable for damage caused by defective digital content. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
10.1 Which laws apply to this contract and where you may bring legal proceedings. These Subscription Terms are governed by English law and you can bring legal proceedings in respect of your Subscription in the English courts. If you live in Scotland you can bring legal proceedings in respect of your Subscription in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of your Subscription in either the Northern Irish or the English courts. These Subscription Terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.
10.2 Unsolicited Materials. Yyoma does not accept unsolicited materials or ideas for Content, and is not responsible for the similarity of any of the Content or programming in any media to materials or ideas transmitted to Yyoma.
10.3 Customer Support. If you need assistance with your Subscription or are having issues viewing Content or accessing the Platform, please email us at email@example.com. [EK12]
10.4 Survival. Each of the clauses of these Subscription Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
10.5 Waiver. If we do not insist immediately that you do anything you are required to do under these Subscription Terms, or if we delay in taking steps against you in respect of your breaking this agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not make a second attempt to charge you but we continue to provide the Service, we can still require you to make the payment at a later date.
10.7 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Subscription Terms to another organisation. We will contact you to let you know if we plan to do this.
10.8 Nobody else has any rights under this agreement. This agreement is between you and us. No other person shall have any rights to enforce any of these Subscription Terms. Neither of us will need to get the agreement of any other person in order to end your Subscription or make any changes to these Subscription Terms.
10.9 Electronic Communications. We will send you information relating to your account (e.g. payment authorisations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.