• Terms & Conditions of YesHello

    These Terms govern

    • the use of YesHello, and,

    • any other related Agreement or legal relationship with the Owner

    in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.

     

    The User must read this document carefully.

     

    Although the entire contractual relationship relating to these Products is entered into solely by the Owner and Users, Users acknowledge and agree that, where YesHello has been provided to them via the Apple App Store, Apple may enforce these Terms as a third-party beneficiary.

     

    YesHello is provided by:

     

    NARRATIVE CONSULTING PLT (LLP0014384-LGN)

    B-5-8 Plaza Mont Kiara Mont Kiara, 50480, Kuala Lumpur, Malaysia

    Owner contact email: support@yeshello.chat

     

    "YesHello" refers to

    • this website, including its subdomains and any other website through which the Owner makes its Service available;
    • applications for mobile, tablet and other smart device systems;
    • the Application Program Interfaces (API);
    • the Service;
    • any applications, sample and content files, source code, scripts, instruction sets or software included as part of the Service, as well as any related documentation;

     

    What the User should know at a glance

    • YesHello uses automatic renewal for Product subscriptions. Information about the a) renewal period, b) termination details and c) termination notice can be found in the relevant section of these Terms.

    • The Service/YesHello is only intended for Users that do not qualify as Consumers, such as Business Users.

  • TERMS OF USE

    Unless otherwise specified, the terms of use detailed in this section apply generally when using YesHello.
    Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.
     
    By using YesHello, Users confirm to meet the following requirements:
    • Users may not qualify as Consumers;
    • Users must be recognized as adult by applicable law;
    • Users aren’t located in a country that is subject to a Malaysian Government embargo, or that has been designated by the Malaysian Government as a “terrorist-supporting” country;
    • Users aren’t listed on any Malaysian Government list of prohibited or restricted parties;

    Account registration

    To use the Service Users must register or create a User account, providing all required data or information in a complete and truthful manner.

     

    Failure to do so will cause unavailability of the Service.

     

    Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by YesHello.

     

    By registering, Users agree to be fully responsible for all activities that occur under their username and password.

     

    Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

    Conditions for account registration

    Registration of User accounts on YesHello is subject to the conditions outlined below. By registering, Users agree to meet such conditions.

    • Accounts registered by bots or any other automated methods are not permitted.

    • Unless otherwise specified, each User must register only one account.

    • Unless explicitly permitted, a User account may not be shared with other persons.

    Account termination

    Users can terminate their account and stop using the Service at any time by doing the following:

    • By using the tools provided for account termination on YesHello.

    • By directly contacting the Owner at the contact details provided in this document.

    However, termination of the account will not be possible until the subscription period paid for by the User has expired.

     

    Account suspension and deletion

    The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms.

     

    The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.

     

    The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

     

    Content on YesHello

    Unless where otherwise specified or clearly recognizable, all content available on YesHello is owned or provided by the Owner or its licensors.

     

    The Owner undertakes its utmost effort to ensure that the content provided on YesHello infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.

     

    In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

     

    Rights regarding content on YesHello - All rights reserved

    The Owner holds and reserves all intellectual property rights for any such content.

     

    Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.

    In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on YesHello, nor allow any third party to do so through the User or their device, even without the User's knowledge.

     

    Where explicitly stated on YesHello, the User may download, copy and/or share some content available through YesHello for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.

     

    Any applicable statutory limitation or exception to copyright shall stay unaffected.

    Content provided by Users

    The Owner allows Users to upload, share or provide their own content to YesHello.

     

    By providing content to YesHello, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.

     

    Further insights regarding acceptable content can be found inside the section of these Terms which detail the acceptable uses.

    Rights regarding content provided by Users

    Users acknowledge and accept that by providing their own content on YesHello they grant the Owner a non-exclusive, fully paid-up and royalty-free license to process such content solely for the operation and maintenance of YesHello as contractually required.

     

    To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to YesHello.

     

    Users acknowledge, accept and confirm that all content they provide through YesHello is provided subject to the same general conditions set forth for content on YesHello.

    Liability for provided content

    Users are solely liable for any content they upload, post, share, or provide through YesHello. Users acknowledge and accept that the Owner does not filter or moderate such content.

    However, the Owner reserves the right to remove, delete, block or rectify such content at its own discretion and to, without prior notice, deny the uploading User access to YesHello:

    • if any complaint based on such content is received;

    • if a notice of infringement of intellectual property rights is received;

    • upon order of a public authority; or

    • where the Owner is made aware that the content, while being accessible via YesHello, may represent a risk for Users, third parties and/or the availability of the Service.

    The removal, deletion, blocking or rectification of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement.

    Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through YesHello.

    Access to external resources

    Through YesHello Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

     

    Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

    Acceptable use

    YesHello and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

     

    Users are solely responsible for making sure that their use of YesHello and/or the Service violates no applicable law, regulations or third-party rights.

     

    Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to YesHello or the Service, terminating contracts, reporting any misconduct performed through YesHello or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:

    • violate laws, regulations and/or these Terms;

    • infringe any third-party rights;

    • considerably impair the Owner’s legitimate interests;

    • offend the Owner or any third party.

    Affiliates​

    YesHello gives Users the opportunity to receive advantages if, as a result of their recommendation, any new User purchases a Product offered on YesHello.

     

    In order to take advantage of this offer, Users may invite others to purchase the Products on YesHello by sending them an affiliate link provided by the Owner.

     

    If upon purchase of the Products on YesHello any of the persons invited redeems via an affiliate link, the inviting User shall receive the advantage or benefit (such as: commissions, a price reduction, an additional service feature, an upgrade etc.) specified on YesHello.

     

    Affiliate promos may be limited to specific Products among those offered on YesHello.

     

    The Owner reserves the right to end the offer at any time at its own discretion.

     

    While no general limitation applies to the number of persons that can be invited, the amount of advantage or benefit that each inviting User can receive, may be limited.

    Software license

    Any intellectual or industrial property rights, and any other exclusive rights on software or technical applications embedded in or related to YesHello are held by the Owner and/or its licensors.

     

    Subject to Users’ compliance with and notwithstanding any divergent provision of these Terms, the Owner merely grants Users a revocable, non-exclusive, non-sublicensable and non-transferable license to use the software and/or any other technical means embedded in the Service within the scope and for the purposes of YesHello and the Service offered.

     

    This license does not grant Users any rights to access, usage or disclosure of the original source code. All techniques, algorithms, and procedures contained in the software and any documentation thereto related is the Owner’s or its licensors’ sole property.

     

    All rights and license grants to Users shall immediately terminate upon any termination or expiration of the Agreement.

     

    API usage terms

    Users may access their data relating to YesHello via the Application Program Interface (API). Any use of the API, including use of the API through a third-party product/service that accesses YesHello, is bound by these Terms and, in addition, by the following specific terms:

    • the User expressly understands and agrees that the Owner bears no responsibility and shall not be held liable for any damages or losses resulting from the User’s use of the API or their use of any third-party products/services that access data through the API.

  • TERMS AND CONDITIONS OF SALE

    Paid Products

    Some of the Products provided on YesHello, as part of the Service, are provided on the basis of payment.

     

    The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of YesHello.

     

    To purchase Products, the User must register or log into YesHello.

     

    Product description

    Prices, descriptions or availability of Products are outlined in the respective sections of YesHello and are subject to change without notice.

     

    While Products on YesHello are presented with the greatest accuracy technically possible, representation on YesHello through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.

     

    The characteristics of the chosen Product will be outlined during the purchasing process.

     

    Purchasing process

    Any steps taken from choosing a Product to order submission form part of the purchasing process.

    The purchasing process includes these steps:

    • Users must choose the desired Product and verify their purchase selection.

    • After having reviewed the information displayed in the purchase selection, Users may place the order by submitting it.

    Order submission

    When the User submits an order, the following applies:

    • The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.

    • In case the purchased Product requires active input from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.

    • Upon submission of the order, Users will receive a receipt confirming that the order has been received.

    All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.

    Offers and discounts

    The Owner may offer discounts or provide special offers for the purchase of Products. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section of YesHello.

     

    Offers and discounts are always granted at the Owner’s sole discretion.

     

    Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the future.

     

    Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to the time zone of the Owner, as indicated in the Owner’s location details in this document, unless otherwise specified.

    Coupons

    Offers or discounts can be based on Coupons.

     

    If breach of the conditions applicable to Coupons occurs, the Owner can legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.

     

    Notwithstanding the provisions below, any additional or diverging rules applicable to using the Coupon displayed in the corresponding information page or on the Coupon itself shall always prevail.

    Unless otherwise stated, these rules apply to the use of Coupons:

    • Each Coupon is only valid when used in the manner and within the timeframe specified on the website and/or the Coupon;

    • A Coupon may only be applied, in its entirety, at the actual time of purchase – partial use is not permitted;

    • Unless otherwise stated, single-use Coupons may only be used once per purchase and therefore may only be applied a single time even in cases involving installment-based purchases;

    • A Coupon cannot be applied cumulatively;

    • The Coupon must be redeemed exclusively within the time specified in the offer. After this period, the Coupon will automatically expire, precluding any possibility for the User to claim the relevant rights, including cash-out;

    • The User is not entitled to any credit/refund/compensation if there is a difference between the value of the Coupon and the redeemed value;

    • The Coupon is intended solely for non–commercial use. Any reproduction, counterfeiting and commercial trade of the Coupon is strictly forbidden, along with any illegal activity related to the purchase and/or use of the Coupon.

    Methods of payment

    Information related to accepted payment methods are made available during the purchasing process.

     

    Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of YesHello.

     

    Payment methods marked accordingly are managed directly by the Owner. In this case, the Owner collects and stores the data necessary for the processing of payments and for fulfilling any legal obligation related to them. The User may read the privacy policy of YesHello to learn more about the data processing and Users’ rights regarding their data.

     

    Other payment methods – if any – are independently provided by third-party services. In such cases YesHello collects no payment information – such as credit card details – but only receives a notification from the relevant third-party provider once the payment has been successfully completed.

     

    If payment through the available methods fail, the Owner shall be under no obligation to fulfil the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.

     

    Retention of usage rights

    Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.

     

    Delivery

    Performance of services

    The purchased service shall be performed or made available within the timeframe specified on YesHello or as communicated before the order submission.

     

    Contract duration

    Trial Period

    Users have the option to test YesHello or selected Products during a limited and non-renewable trial period, at no cost. Some features or functions of YesHello may not be available to Users during the trial period.

     

    Further conditions applicable to the trial period, including its duration, will be specified on YesHello.

     

    The trial period shall end automatically and will convert into a paid Product unless the User actively cancels such paid Product.

     

    Subscriptions

    Subscriptions allow Users to receive a Product continuously or regularly over a determined period of time.

     

    Paid subscriptions begin on the day the payment is received by the Owner.

     

    In order to maintain subscriptions, Users must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions.

    Fixed-term subscriptions

    Paid fixed-term subscriptions start on the day the payment is received by the Owner and last for the subscription period chosen by the User or otherwise specified during the purchasing process.

     

    Once the subscription period expires, the Product shall no longer be accessible, unless the User renews the subscription by paying the relevant fee.

     

    Fixed-term subscriptions may not be terminated prematurely and shall run out upon expiration of the subscription term.

    Automatic renewal

    Subscriptions are automatically renewed through the payment method that the User chose during purchase, unless the User cancels the subscription within the deadlines for termination specified in the relevant section of these Terms and/or YesHello.

     

    The renewed subscription will last for a period equal to the original term.

    Termination

    Recurring subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to the Owner using the contact details provided in this document, or — if applicable — by using the corresponding controls inside YesHello.

    Termination notice

    If the notice of termination is received by the Owner before the subscription renews, the termination shall take effect as soon as the current period is completed.

    Terms and conditions applying to extra features

    Users that have an active subscription may purchase single extra add-ons or features, described in the relevant section of YesHello.

     

    Prices, duration, terms of use and termination of such extras may differ from those of the main Product and, unless otherwise specified, do not influence the prices, duration, terms of use and termination of the latter.

     

    User rights

    Right of withdrawal

    Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.

    The right of withdrawal does not apply on YesHello

    Users acknowledge and accept that the right of withdrawal does not apply to contracts concluded over YesHello due to the nature of its offering.

    Liability and indemnification

    EU Users

    Indemnification

    The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand ⁠— including but not limited to lawyer's fees and costs ⁠— made by any third party due to or in relation with any culpable use of or connection to the Service, violation of these Terms, infringement of any third-party rights or statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.

    Limitation of liability

    Unless otherwise explicitly stated and without prejudice to applicable statutory product liability provisions, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).

     

    This does not apply to damages to life, health or physical integrity, damages resulting from the breach of an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as YesHello has been appropriately and correctly used by the User.

     

    Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.

     

    In any event of liability, the compensation may not exceed the total payments that have been, will be or would be received by the Owner from the User based on the contract over a period of 12 months, or the period of the duration of the Agreement, if shorter.

     

    Australian Users

    Limitation of liability

    Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

     

    US Users

    Disclaimer of Warranties

    YesHello is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the Service will create any warranty not expressly stated herein.

     

    Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.

     

    The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

    The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

     

    Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

    Limitations of liability

    To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for

    • any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and

    • any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;

    • any errors, mistakes, or inaccuracies of content;

    • personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;

    • any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein;

    • any interruption or cessation of transmission to or from the Service;

    • any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;

    • any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or

    • the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.

    This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.

     

    Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

    Indemnification

    The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from

    • User’s use of and access to the Service, including any data or content transmitted or received by User;

    • User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;

    • User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;

    • User’s violation of any statutory law, rule, or regulation;

    • any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;

    • User’s wilful misconduct; or

    • statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

       

    Common provisions

    No Waiver

    The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

     

    Service interruption

    To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.

     

    Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

     

    Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).

    Service reselling

    Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of YesHello and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling programme.

     

    Privacy policy

    To learn more about the use of their Personal Data, Users may refer to the privacy policy of YesHello.

    Intellectual property rights

    Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to YesHello are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

     

    All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with YesHello are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

    Changes to these Terms

    The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.

     

    Such changes will only affect the relationship with the User for the future.

     

    The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.

     

    The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.

    Assignment of contract

    The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.

     

    Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

    Contacts

    All communications relating to the use of YesHello must be sent using the contact information stated in this document.

    Severability

    Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

    US Users

    Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

    EU Users

    Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.

     

    In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.

     

    Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

     

    Authoritative version of these Terms

    These Terms are drawn up and revised in English. Other language versions of these Terms are provided for information purposes only. In the event of any inconsistency between different linguistic versions, the original version shall always prevail.

     

    Governing law

    These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

    Venue of jurisdiction

    The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.

     

    Dispute resolution

    Amicable dispute resolution

    Users may bring any disputes to the Owner who will try to resolve them amicably.

     

    While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of YesHello or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.

     

    The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.

     

    The Owner will process the complaint without undue delay and within 30 days of receiving it.

    Online dispute resolution for Consumers

    The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving any dispute related to and stemming from online sale and service contracts.

     

    As a result, any European Consumer can use such platform for resolving any dispute stemming from contracts which have been entered into online. The platform is available at the following link http://ec.europa.eu/consumers/odr/

     

    Definitions and legal references

    YesHello (or this Application)

    The property that enables the provision of the Service.

    Agreement

    Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.

    Business User

    Any User that does not qualify as a Consumer.

    Consumer

    A Consumer will be someone who uses the platform for personal use. (The platform is not meant for personal use, to connect to personal accounts. It is for businesses only.)

    Coupon

    Any code or voucher, in print or electronic form, which allows the User to purchase the Product at a discounted price.

    European (or Europe)

    A Consumer will be someone who uses the platform for personal use. (The platform is not meant for personal use, to connect to personal accounts. It is for businesses only.)

    Owner (or We)

    Indicates the natural person(s) or legal entity that provides YesHello and/or the Service to Users.

    Product

    A good or service available for purchase through YesHello, such as e.g. physical goods, digital files, software, booking services etc.

     

    The sale of Products may be part of the Service.

    Service

    The service provided by YesHello as described in these Terms and on YesHello.

    Terms

    All provisions applicable to the use of YesHello and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.

    User (or You)

    Indicates any natural person or legal entity using YesHello.

  • PRIVACY POLICY

    Privacy Policy of YesHello

    YesHello collects some Personal Data from its Users.

     

    Users may be subject to different protection standards and broader standards may therefore apply to some. In order to learn more about the protection criteria, Users can refer to the applicability section.

     

    This document contains a section dedicated to Brazilian Users and their privacy rights.

     

    This document can be printed for reference by using the print command in the settings of any browser.

    Owner and Data Controller

    NARRATIVE CONSULTING PLT

    B-5-8 Plaza Mont Kiara Mont Kiara, 50480, Kuala Lumpur, Malaysia

    Owner contact email: support@yeshello.chat

    Types of Data collected

    Among the types of Personal Data that YesHello collects, by itself or through third parties, there are: Usage Data; Tracker; email address; phone number; first name; last name; various types of Data; password; Data communicated while using the service.

     

    Complete details on each type of Personal Data collected are provided in the dedicated sections of this privacy policy or by specific explanation texts displayed prior to the Data collection.

     

    Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using YesHello.

     

    Unless specified otherwise, all Data requested by YesHello is mandatory and failure to provide this Data may make it impossible for YesHello to provide its services. In cases where YesHello specifically states that some Data is not mandatory, Users are free not to communicate this Data without consequences to the availability or the functioning of the Service.

     

    Users who are uncertain about which Personal Data is mandatory are welcome to contact the Owner.

     

    Any use of Cookies – or of other tracking tools – by YesHello or by the owners of third-party services used by YesHello serves the purpose of providing the Service required by the User, in addition to any other purposes described in the present document and in the Cookie Policy, if available.

     

    Users are responsible for any third-party Personal Data obtained, published or shared through YesHello and confirm that they have the third party's consent to provide the Data to the Owner.

     

    Mode and place of processing the Data

    Methods of processing

    The Owner takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.

     

    The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Owner, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of YesHello (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Owner at any time.

     

    Legal basis of processing

    The Owner may process Personal Data relating to Users if one of the following applies:

    • Users have given their consent for one or more specific purposes. Note: Under some legislations the Owner may be allowed to process Personal Data until the User objects to such processing (“opt-out”), without having to rely on consent or any other of the following legal bases. This, however, does not apply, whenever the processing of Personal Data is subject to European data protection law;

    • provision of Data is necessary for the performance of an agreement with the User and/or for any pre-contractual obligations thereof;

    • processing is necessary for compliance with a legal obligation to which the Owner is subject;

    • processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Owner;

    • processing is necessary for the purposes of the legitimate interests pursued by the Owner or by a third party.

    In any case, the Owner will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

    Place

    The Data is processed at the Owner's operating offices and in any other places where the parties involved in the processing are located.

     

    Depending on the User's location, data transfers may involve transferring the User's Data to a country other than their own. To find out more about the place of processing of such transferred Data, Users can check the section containing details about the processing of Personal Data.

    If broader protection standards are applicable, Users are also entitled to learn about the legal basis of Data transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by the Owner to safeguard their Data.

     

    If any such transfer takes place, Users can find out more by checking the relevant sections of this document or inquire with the Owner using the information provided in the contact section.

    Retention time

    Personal Data shall be processed and stored for as long as required by the purpose they have been collected for.

    Therefore:

    • Personal Data collected for purposes related to the performance of a contract between the Owner and the User shall be retained until such contract has been fully performed.

    • Personal Data collected for the purposes of the Owner’s legitimate interests shall be retained as long as needed to fulfill such purposes. Users may find specific information regarding the legitimate interests pursued by the Owner within the relevant sections of this document or by contacting the Owner.

    The Owner may be allowed to retain Personal Data for a longer period whenever the User has given consent to such processing, as long as such consent is not withdrawn. Furthermore, the Owner may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.

     

    Once the retention period expires, Personal Data shall be deleted. Therefore, the right of access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.

     

    The purposes of processing

    The Data concerning the User is collected to allow the Owner to provide its Service, comply with its legal obligations, respond to enforcement requests, protect its rights and interests (or those of its Users or third parties), detect any malicious or fraudulent activity, as well as the following: Displaying content from external platforms, Tag Management, Contacting the User, Analytics, Managing contacts and sending messages, Handling payments, Infrastructure monitoring, Hosting and backend infrastructure, User database management, Connecting Data, Content performance and features testing (A/B testing), Data transfer outside the EU, Registration and authentication provided directly by YesHello, Interaction with live chat platforms, Registration and authentication, Remarketing and behavioral targeting, SPAM protection and Platform services and hosting.

     

    For specific information about the Personal Data used for each purpose, the User may refer to the section “Detailed information on the processing of Personal Data”.

    Detailed information on the processing of Personal Data

    Personal Data is collected for the following purposes and using the following services:

    • Analytics
      The services contained in this section enable the Owner to monitor and analyze web traffic and can be used to keep track of User behavior.


      Google Analytics (Google Ireland Limited)
      Google Analytics is a web analysis service provided by Google Ireland Limited (“Google”). Google utilizes the Data collected to track and examine the use of YesHello, to prepare reports on its activities and share them with other Google services.
      Google may use the Data collected to contextualize and personalize the ads of its own advertising network.
      Personal Data processed: Tracker; Usage Data.
      Place of processing: Ireland – Privacy PolicyOpt Out.


      Attribution (Attribution, LLC)
      Attribution is an analytics service provided by Attribution, LLC.
      Personal Data processed: Tracker; Usage Data.
      Place of processing: United States – Privacy Policy.


      Facebook Ads conversion tracking (Facebook pixel) (Facebook Ireland Ltd)
      Facebook Ads conversion tracking (Facebook pixel) is an analytics service provided by Facebook Ireland Ltd that connects data from the Facebook advertising network with actions performed on YesHello. The Facebook pixel tracks conversions that can be attributed to ads on Facebook, Instagram and Audience Network.
      Personal Data processed: Tracker; Usage Data.
      Place of processing: Ireland – Privacy Policy.


      MixPanel (MixPanel)
      MixPanel is an analytics service provided by Mixpanel Inc.
      Personal Data processed: Tracker; Usage Data.
      Place of processing: United States – Privacy PolicyOpt Out.

       

    • Connecting Data
      This type of service allows the Owner to connect Data with third-party services disclosed within this privacy policy.
      This results in Data flowing through these services, potentially causing the retention of this Data.


      Zapier (Zapier, Inc.)
      Zapier is a workflow automation service provided by Zapier, Inc. that automates the movement of Data between (third-party) services.
      Personal Data processed: Tracker.
      Place of processing: United States – Privacy Policy. 

       

      Pabbly Connect (Magnet Brains Software Technology Pvt. Ltd.)

      Pabbly Connect is a workflow automation service provided by Magnet Brains Software Technology Pvt. Ltd. that automates the movement of Data between (third-party) services.

      Personal Data processed: Tracker.

      Place of processing: India – Privacy Policy.

       

    • Contacting the User 
      Mailing list or newsletter (YesHello)
      By registering on the mailing list or for the newsletter, the User’s email address will be added to the contact list of those who may receive email messages containing information of commercial or promotional nature concerning YesHello. Your email address might also be added to this list as a result of signing up to YesHello or after making a purchase.
      Personal Data processed: Tracker.

      Contact form (YesHello)
      By filling in the contact form with their Data, the User authorizes YesHello to use these details to reply to requests for information, quotes or any other kind of request as indicated by the form’s header.
      Personal Data processed: email address; first name; last name.
       
    • Content performance and features testing (A/B testing)
      The services contained in this section allow the Owner to track and analyze the User response concerning web traffic or behavior regarding changes to the structure, text or any other component of YesHello.

      Google Optimize (Google Ireland Limited)
      Google Optimize is an A/B testing service provided by Google Ireland Limited ("Google"). Google may use Personal Data to contextualize and personalize the ads of its own advertising network.
      Personal Data processed: Tracker; Usage Data.
      Place of processing: Ireland – Privacy Policy.
       
    • Data transfer outside the EU
      The Owner is allowed to transfer Personal Data collected within the EU to third countries (i.e. any country not part of the EU) only pursuant to a specific legal basis. Any such Data transfer is based on one of the legal bases described below.
      Users can inquire with the Owner to learn which legal basis applies to which specific service.

      Data transfer abroad based on standard contractual clauses (YesHello)
      If this is the legal basis, the transfer of Personal Data from the EU to third countries is carried out by the Owner according to “standard contractual clauses” provided by the European Commission.
      This means that Data recipients have committed to process Personal Data in compliance with the data protection standards set forth by EU data protection legislation. For further information, Users are requested to contact the Owner through the contact details provided in the present document.
      Personal Data processed: various types of Data.
       

    • Displaying content from external platforms
      This type of service allows you to view content hosted on external platforms directly from the pages of YesHello and interact with them.
      This type of service might still collect web traffic data for the pages where the service is installed, even when Users do not use it.

      Google Fonts (Google Ireland Limited)
      Google Fonts is a typeface visualization service provided by Google Ireland Limited that allows YesHello to incorporate content of this kind on its pages.
      Personal Data processed: Usage Data; various types of Data as specified in the privacy policy of the service.
      Place of processing: Ireland – Privacy Policy.

       

    • Handling payments
      Unless otherwise specified, YesHello processes any payments by credit card, bank transfer or other means via external payment service providers. In general and unless where otherwise stated, Users are requested to provide their payment details and personal information directly to such payment service providers. YesHello isn't involved in the collection and processing of such information: instead, it will only receive a notification by the relevant payment service provider as to whether payment has been successfully completed.

      Stripe (Stripe Inc)
      Stripe is a payment service provided by Stripe Inc.
      Personal Data processed: various types of Data as specified in the privacy policy of the service.
      Place of processing: United States – Privacy Policy.

       

    • Pabbly Subscriptions (Magnet Brains Software Technology Pvt. Ltd.)
      Pabbly Subscriptions is a payment service provided by Magnet Brains Software Technology Pvt. Ltd.
      Personal Data processed: various types of Data as specified in the privacy policy of the service.
      Place of processing: India – Privacy Policy.

       

    • Hosting and backend infrastructure
      This type of service has the purpose of hosting Data and files that enable YesHello to run and be distributed as well as to provide a ready-made infrastructure to run specific features or parts of YesHello.
      Some services among those listed below, if any, may work through geographically distributed servers, making it difficult to determine the actual location where the Personal Data are stored.


      Amazon Web Services (AWS) (Amazon Web Services, Inc.)
      Amazon Web Services (AWS) is a hosting and backend service provided by Amazon Web Services, Inc.
      Personal Data processed: various types of Data as specified in the privacy policy of the service.
      Place of processing: Singapore – Privacy Policy.

       

    • Infrastructure monitoring
      This type of service allows YesHello to monitor the use and behavior of its components so its performance, operation, maintenance and troubleshooting can be improved.
      Which Personal Data are processed depends on the characteristics and mode of implementation of these services, whose function is to filter the activities of YesHello.

      Sentry (Functional Software, Inc.)
      Sentry is a monitoring service provided by Functional Software, Inc. .
      Personal Data processed: various types of Data as specified in the privacy policy of the service.
      Place of processing: United States – Privacy Policy.
       

    • Interaction with live chat platforms
      This type of service allows Users to interact with third-party live chat platforms directly from the pages of YesHello, in order to contact and be contacted by YesHello‘s support service.
      If one of these services is installed, it may collect browsing and Usage Data in the pages where it is installed, even if the Users do not actively use the service. Moreover, live chat conversations may be logged.

      Facebook Messenger Customer Chat (Facebook Ireland Ltd)
      The Facebook Messenger Customer Chat is a service for interacting with the Facebook Messenger live chat platform provided by Facebook Ireland Ltd
      Personal Data processed: Data communicated while using the service; Tracker; Usage Data.
      Place of processing: Ireland – Privacy Policy.

      Respond.io Widget
      Respond.io is a business messaging platform that connects customers from any channel to every team provided by Rocketbots Limited.
      Personal Data processed: Data communicated while using the service; Tracker; Usage Data.
      Place of processing: Singapore – Privacy Policy.
       
    • Managing contacts and sending messages
      This type of service makes it possible to manage a database of email contacts, phone contacts or any other contact information to communicate with the User.
      These services may also collect data concerning the date and time when the message was viewed by the User, as well as when the User interacted with it, such as by clicking on links included in the message.

      Customer.io (Peaberry Software Inc.)
      Customer.io is an email address management and message sending service provided by Peaberry Software Inc.
      Personal Data processed: email address; Tracker; Usage Data.
      Place of processing: United States – Privacy Policy.

      Sendgrid (Sendgrid)
      Sendgrid is an email address management and message sending service provided by Sendgrid Inc.
      Personal Data processed: email address; first name; last name.
      Place of processing: United States – Privacy Policy.
       

    • Active Campaign is an email address management and message sending service provided by ActiveCampaign, LLC.
      Personal Data processed: email address; first name; last name; Tracker; Usage Data.
      Place of processing: United States – Privacy Policy.

       

    • Platform services and hosting
      These services have the purpose of hosting and running key components of YesHello, therefore allowing the provision of YesHello from within a unified platform. Such platforms provide a wide range of tools to the Owner – e.g. analytics, user registration, commenting, database management, e-commerce, payment processing – that imply the collection and handling of Personal Data.
      Some of these services work through geographically distributed servers, making it difficult to determine the actual location where the Personal Data are stored.

      Webflow (Webflow, Inc.)
      Webflow is a platform provided by Webflow, Inc. that allows the Owner to build, run and host YesHello. Webflow is highly customizable and can host websites from simple blogs to complex e-commerce platforms.Personal Data processed: Usage Data.
      Place of processing: United States – Privacy PolicyOpt out.
       
    • Registration and authentication
      By registering or authenticating, Users allow YesHello to identify them and give them access to dedicated services.
      Depending on what is described below, third parties may provide registration and authentication services. In this case, YesHello will be able to access some Data, stored by these third-party services, for registration or identification purposes.
      Some of the services listed below may also collect Personal Data for targeting and profiling purposes; to find out more, please refer to the description of each service.

      Google OAuth (Google Ireland Limited)
      Google OAuth is a registration and authentication service provided by Google Ireland Limited and is connected to the Google network.
      Personal Data processed: various types of Data as specified in the privacy policy of the service.
      Place of processing: Ireland – Privacy Policy.
       

    • Registration and authentication provided directly by YesHello
      By registering or authenticating, Users allow YesHello to identify them and give them access to dedicated services. The Personal Data is collected and stored for registration or identification purposes only. The Data collected are only those necessary for the provision of the service requested by the Users.

      Direct registration (YesHello)
      The User registers by filling out the registration form and providing the Personal Data directly to YesHello.
      Personal Data processed: email address; first name; last name; password.
       

    • Remarketing and behavioral targeting
      This type of service allows YesHello and its partners to inform, optimize and serve advertising based on past use of YesHello by the User.
      This activity is facilitated by tracking Usage Data and by using Trackers to collect information which is then transferred to the partners that manage the remarketing and behavioral targeting activity.
      Some services offer a remarketing option based on email address lists.
      In addition to any opt-out feature provided by any of the services below, Users may opt out by visiting the Network Advertising Initiative opt-out page.
      Users may also opt-out of certain advertising features through applicable device settings, such as the device advertising settings for mobile phones or ads settings in general.

      Google Ads Remarketing (Google Ireland Limited) 
      Google Ads Remarketing is a remarketing and behavioral targeting service provided by Google Ireland Limited that connects the activity of YesHello with the Google Ads advertising network and the DoubleClick Cookie. Users can opt out of Google's use of cookies for ads personalization by visiting Google's Ads Settings.
      Personal Data processed: Tracker; Usage Data.
      Place of processing: Ireland – Privacy PolicyOpt Out.

      Facebook Remarketing (Facebook Ireland Ltd)
      Facebook Remarketing is a remarketing and behavioral targeting service provided by Facebook Ireland Ltd that connects the activity of YesHello with the Facebook advertising network.
      Personal Data processed: Tracker; Usage Data.
      Place of processing: Ireland – Privacy PolicyOpt Out.
       
    • SPAM protection
      This type of service analyzes the traffic of YesHello, potentially containing Users' Personal Data, with the purpose of filtering it from parts of traffic, messages and content that are recognized as SPAM.

      Google reCAPTCHA (Google Ireland Limited)
      Google reCAPTCHA is a SPAM protection service provided by Google Ireland Limited.
      The use of reCAPTCHA is subject to the Google privacy policy and terms of use.
      Personal Data processed: Tracker; Usage Data.
      Place of processing: Ireland – Privacy Policy.
       

    • Tag Management
      This type of service helps the Owner to manage the tags or scripts needed on YesHello in a centralized fashion.
      This results in the Users' Data flowing through these services, potentially resulting in the retention of this Data.

      Google Tag Manager (Google Ireland Limited)
      Google Tag Manager is a tag management service provided by Google Ireland Limited.
      Personal Data processed: Usage Data.
      Place of processing: Ireland – Privacy Policy.

      Segment (Segment Inc.)
      Segment is a tag management service provided by Segment.io, Inc.
      Personal Data processed: Tracker; Usage Data.
      Place of processing: United States – Privacy Policy.
       

    • User database management
      This type of service allows the Owner to build user profiles by starting from an email address, a personal name, or other information that the User provides to YesHello, as well as to track User activities through analytics features. This Personal Data may also be matched with publicly available information about the User (such as social networks' profiles) and used to build private profiles that the Owner can display and use for improving YesHello. Some of these services may also enable the sending of timed messages to the User, such as emails based on specific actions performed on YesHello.

      HubSpot CRM (HubSpot, Inc.)
      HubSpot CRM is a User database management service provided by HubSpot, Inc.
      Personal Data processed: email address; phone number; various types of Data as specified in the privacy policy of the service.
      Place of processing: United States – Privacy Policy.

     

    Further information about Personal Data

    • Push notifications
      YesHello may send push notifications to the User to achieve the purposes outlined in this privacy policy. Users may in most cases opt-out of receiving push notifications by visiting their device settings, such as the notification settings for mobile phones, and then change those settings for YesHello, some or all of the apps on the particular device.


      Users must be aware that disabling push notifications may negatively affect the utility of YesHello.

    The rights of Users

    Users may exercise certain rights regarding their Data processed by the Owner.
     

    Users entitled to broader protection standards may exercise any of the rights described below. In all other cases, Users may inquire with the Owner to find out which rights apply to them.

     

    In particular, Users have the right to do the following:

    • Withdraw their consent at any time. Users have the right to withdraw consent where they have previously given their consent to the processing of their Personal Data.

    • Object to processing of their Data. Users have the right to object to the processing of their Data if the processing is carried out on a legal basis other than consent. Further details are provided in the dedicated section below.

    • Access their Data. Users have the right to learn if Data is being processed by the Owner, obtain disclosure regarding certain aspects of the processing and obtain a copy of the Data undergoing processing.

    • Verify and seek rectification. Users have the right to verify the accuracy of their Data and ask for it to be updated or corrected.

    • Restrict the processing of their Data. Users have the right, under certain circumstances, to restrict the processing of their Data. In this case, the Owner will not process their Data for any purpose other than storing it.

    • Have their Personal Data deleted or otherwise removed. Users have the right, under certain circumstances, to obtain the erasure of their Data from the Owner.

    • Receive their Data and have it transferred to another controller. Users have the right to receive their Data in a structured, commonly used and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the Data is processed by automated means and that the processing is based on the User's consent, on a contract which the User is part of or on pre-contractual obligations thereof.

    • Lodge a complaint. Users have the right to bring a claim before their competent data protection authority.

    Details about the right to object to processing

    Where Personal Data is processed for a public interest, in the exercise of an official authority vested in the Owner or for the purposes of the legitimate interests pursued by the Owner, Users may object to such processing by providing a ground related to their particular situation to justify the objection.

     

    Users must know that, however, should their Personal Data be processed for direct marketing purposes, they can object to that processing at any time without providing any justification. To learn, whether the Owner is processing Personal Data for direct marketing purposes, Users may refer to the relevant sections of this document.

     

    How to exercise these rights

    Any requests to exercise User rights can be directed to the Owner through the contact details provided in this document. These requests can be exercised free of charge and will be addressed by the Owner as early as possible and always within one month.

    Applicability of broader protection standards

    While most provisions of this document concern all Users, some provisions expressly only apply if the processing of Personal Data is subject to broader protection standards.

     

    Such broader protection standards apply when the processing:

    • is performed by an Owner based within the EU;

    • concerns the Personal Data of Users who are in the EU and is related to the offering of paid or unpaid goods or services, to such Users;

    • concerns the Personal Data of Users who are in the EU and allows the Owner to monitor such Users’ behavior taking place in the EU.

    Cookie Policy

    YesHello uses Trackers. To learn more, the User may consult the Cookie Policy.

     

    Additional information about Data collection and processing

    Legal action

    The User's Personal Data may be used for legal purposes by the Owner in Court or in the stages leading to possible legal action arising from improper use of YesHello or the related Services.

     

    The User declares to be aware that the Owner may be required to reveal personal data upon request of public authorities.

     

    Additional information about User's Personal Data

    In addition to the information contained in this privacy policy, YesHello may provide the User with additional and contextual information concerning particular Services or the collection and processing of Personal Data upon request.

     

    System logs and maintenance

    For operation and maintenance purposes, YesHello and any third-party services may collect files that record interaction with YesHello (System logs) use other Personal Data (such as the IP Address) for this purpose.

    Information not contained in this policy

    More details concerning the collection or processing of Personal Data may be requested from the Owner at any time. Please see the contact information at the beginning of this document.

    How “Do Not Track” requests are handled

    YesHello does not support “Do Not Track” requests.

     

    To determine whether any of the third-party services it uses honor the “Do Not Track” requests, please read their privacy policies.

    Changes to this privacy policy

    The Owner reserves the right to make changes to this privacy policy at any time by notifying its Users on this page and possibly within YesHello and/or - as far as technically and legally feasible - sending a notice to Users via any contact information available to the Owner. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom.

     

    Should the changes affect processing activities performed on the basis of the User’s consent, the Owner shall collect new consent from the User, where required.

    Information for Users residing in Brazil

    This part of the document integrates with and supplements the information contained in the rest of the privacy policy and is provided by the entity running YesHello and, if the case may be, its parent, subsidiaries and affiliates (for the purposes of this section referred to collectively as “we”, “us”, “our”).

     

    The provisions contained in this section apply to all Users who reside in Brazil, according to the "Lei Geral de Proteção de Dados" (Users are referred to below, simply as “you”, “your”, “yours”). For such Users, these provisions supersede any other possibly divergent or conflicting provisions contained in the privacy policy.

     

    This part of the document uses the term “personal information“ as it is defined in the Lei Geral de Proteção de Dados (LGPD).

     

    The grounds on which we process your personal information

    We can process your personal information solely if we have a legal basis for such processing. Legal bases are as follows:

    • your consent to the relevant processing activities;

    • compliance with a legal or regulatory obligation that lies with us;

    • the carrying out of public policies provided in laws or regulations or based on contracts, agreements and similar legal instruments;

    • studies conducted by research entities, preferably carried out on anonymized personal information;

    • the carrying out of a contract and its preliminary procedures, in cases where you are a party to said contract;

    • the exercising of our rights in judicial, administrative or arbitration procedures;

    • protection or physical safety of yourself or a third party;

    • the protection of health – in procedures carried out by health entities or professionals;

    • our legitimate interests, provided that your fundamental rights and liberties do not prevail over such interests; and

    • credit protection.

    To find out more about the legal bases, you can contact us at any time using the contact details provided in this document.

    Categories of personal information processed

    To find out what categories of your personal information are processed, you can read the section titled “Detailed information on the processing of Personal Data” within this document.

    Why we process your personal information

    To find out why we process your personal information, you can read the sections titled “Detailed information on the processing of Personal Data” and “The purposes of processing” within this document.

    Your Brazilian privacy rights, how to file a request and our response to your requests

    Your Brazilian privacy rights

    You have the right to:

    • obtain confirmation of the existence of processing activities on your personal information;

    • access to your personal information;

    • have incomplete, inaccurate or outdated personal information rectified;

    • obtain the anonymization, blocking or elimination of your unnecessary or excessive personal information, or of information that is not being processed in compliance with the LGPD;

    • obtain information on the possibility to provide or deny your consent and the consequences thereof;

    • obtain information about the third parties with whom we share your personal information;

    • obtain, upon your express request, the portability of your personal information (except for anonymized information) to another service or product provider, provided that our commercial and industrial secrets are safeguarded;

    • obtain the deletion of your personal information being processed if the processing was based upon your consent, unless one or more exceptions provided for in art. 16 of the LGPD apply;

    • revoke your consent at any time;

    • lodge a complaint related to your personal information with the ANPD (the National Data Protection Authority) or with consumer protection bodies;

    • oppose a processing activity in cases where the processing is not carried out in compliance with the provisions of the law;

    • request clear and adequate information regarding the criteria and procedures used for an automated decision; and

    • request the review of decisions made solely on the basis of the automated processing of your personal information, which affect your interests. These include decisions to define your personal, professional, consumer and credit profile, or aspects of your personality.

    You will never be discriminated against, or otherwise suffer any sort of detriment, if you exercise your rights.

    How to file your request

    You can file your express request to exercise your rights free from any charge, at any time, by using the contact details provided in this document, or via your legal representative.

    How and when we will respond to your request

    We will strive to promptly respond to your requests.

     

    In any case, should it be impossible for us to do so, we’ll make sure to communicate to you the factual or legal reasons that prevent us from immediately, or otherwise ever, complying with your requests. In cases where we are not processing your personal information, we will indicate to you the physical or legal person to whom you should address your requests, if we are in the position to do so.

     

    In the event that you file an access or personal information processing confirmation request, please make sure that you specify whether you’d like your personal information to be delivered in electronic or printed form.

    You will also need to let us know whether you want us to answer your request immediately, in which case we will answer in a simplified fashion, or if you need a complete disclosure instead.

     

    In the latter case, we’ll respond within 15 days from the time of your request, providing you with all the information on the origin of your personal information, confirmation on whether or not records exist, any criteria used for the processing and the purposes of the processing, while safeguarding our commercial and industrial secrets.

     

    In the event that you file a rectification, deletion, anonymization or personal information blocking request, we will make sure to immediately communicate your request to other parties with whom we have shared your personal information in order to enable such third parties to also comply with your request – except in cases where such communication is proven impossible or involves disproportionate effort on our side.

    Transfer of personal information outside of Brazil permitted by the law

    We are allowed to transfer your personal information outside of the Brazilian territory in the following cases:

    • when the transfer is necessary for international legal cooperation between public intelligence, investigation and prosecution bodies, according to the legal means provided by the international law;

    • when the transfer is necessary to protect your life or physical security or those of a third party;

    • when the transfer is authorized by the ANPD;

    • when the transfer results from a commitment undertaken in an international cooperation agreement;

    • when the transfer is necessary for the execution of a public policy or legal attribution of public service;

    • when the transfer is necessary for compliance with a legal or regulatory obligation, the carrying out of a contract or preliminary procedures related to a contract, or the regular exercise of rights in judicial, administrative or arbitration procedures.

       

    Definitions and legal references

    Personal Data (or Data)

    Any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person.

    Usage Data

    Information collected automatically through YesHello (or third-party services employed in YesHello), which can include: the IP addresses or domain names of the computers utilized by the Users who use YesHello, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server's answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User's IT environment.

    User

    The individual using YesHello who, unless otherwise specified, coincides with the Data Subject.

    Data Subject

    The natural person to whom the Personal Data refers.

    Data Processor (or Data Supervisor)

    The natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Controller, as described in this privacy policy.

    Data Controller (or Owner)

    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, including the security measures concerning the operation and use of YesHello. The Data Controller, unless otherwise specified, is the Owner of YesHello.

    YesHello (or this Application)

    The means by which the Personal Data of the User is collected and processed.

    Service

    The service provided by YesHello as described in the relative terms (if available) and on this site/application.

    European Union (or EU)

    Unless otherwise specified, all references made within this document to the European Union include all current member states to the European Union and the European Economic Area.

    Cookie

    Cookies are Trackers consisting of small sets of data stored in the User's browser.

    Tracker

    Tracker indicates any technology - e.g Cookies, unique identifiers, web beacons, embedded scripts, e-tags and fingerprinting - that enables the tracking of Users, for example by accessing or storing information on the User’s device.

    Legal information

    This privacy statement has been prepared based on provisions of multiple legislations, including Art. 13/14 of Regulation (EU) 2016/679 (General Data Protection Regulation).

     

    This privacy policy relates solely to YesHello, if not stated otherwise within this document.

  • COOKIE POLICY

    Cookie Policy of YesHello

    This document informs Users about the technologies that help YesHello to achieve the purposes described below. Such technologies allow the Owner to access and store information (for example by using a Cookie) or use resources (for example by running a script) on a User’s device as they interact with YesHello.

     

    For simplicity, all such technologies are defined as "Trackers" within this document – unless there is a reason to differentiate.

     

    For example, while Cookies can be used on both web and mobile browsers, it would be inaccurate to talk about Cookies in the context of mobile apps as they are a browser-based Tracker. For this reason, within this document, the term Cookies is only used where it is specifically meant to indicate that particular type of Tracker.

     

    Some of the purposes for which Trackers are used may also require the User's consent, depending on the applicable law. Whenever consent is given, it can be freely withdrawn at any time following the instructions provided in this document.

     

    YesHello uses Trackers managed directly by the Owner (so-called “first-party” Trackers) and Trackers that enable services provided by a third-party (so-called “third-party” Trackers). Unless otherwise specified within this document, third-party providers may access the Trackers managed by them.

     

    The validity and expiration periods of Cookies and other similar Trackers may vary depending on the lifetime set by the Owner or the relevant provider. Some of them expire upon termination of the User’s browsing session.

     

    In addition to what’s specified in the descriptions within each of the categories below, Users may find more precise and updated information regarding lifetime specification as well as any other relevant information – such as the presence of other Trackers - in the linked privacy policies of the respective third-party providers or by contacting the Owner.

     

    Activities strictly necessary for the operation of YesHello and delivery of the Service

    YesHello uses so-called “technical” Cookies and other similar Trackers to carry out activities that are strictly necessary for the operation or delivery of the Service.

    Third-party Trackers

    • SPAM protection
      This type of service analyzes the traffic of YesHello, potentially containing Users' Personal Data, with the purpose of filtering it from parts of traffic, messages and content that are recognized as SPAM.

      Google reCAPTCHA (Google Ireland Limited)
      Google reCAPTCHA is a SPAM protection service provided by Google Ireland Limited.
      The use of reCAPTCHA is subject to the Google privacy policy and terms of use.
      Personal Data processed: Tracker and Usage Data.
      Place of processing: Ireland – Privacy Policy.
       

    Other activities involving the use of Trackers

    Basic interactions & functionalities

    YesHello uses Trackers to enable basic interactions and functionalities, allowing Users to access selected features of the Service and facilitating the User's communication with the Owner.

    • Connecting Data
      This type of service allows the Owner to connect Data with third-party services disclosed within this privacy policy.
      This results in Data flowing through these services, potentially causing the retention of this Data.

      Zapier (Zapier, Inc.)
      Zapier is a workflow automation service provided by Zapier, Inc. that automates the movement of Data between (third-party) services.
      Personal Data processed: Tracker.
      Place of processing: United States – Privacy Policy.
       
    • Pabbly Connect (Magnet Brains Software Technology Pvt. Ltd.)
      Pabbly Connect is a workflow automation service provided by Magnet Brains Software Technology Pvt. Ltd. that automates the movement of Data between (third-party) services.
      Personal Data processed: Tracker.
      Place of processing: India – Privacy Policy.
       

    • Contacting the User
      Mailing list or newsletter (YesHello)
      By registering on the mailing list or for the newsletter, the User’s email address will be added to the contact list of those who may receive email messages containing information of commercial or promotional nature concerning YesHello. Your email address might also be added to this list as a result of signing up to YesHello or after making a purchase.
      Personal Data processed: Tracker.
       

    • Interaction with live chat platforms
      This type of service allows Users to interact with third-party live chat platforms directly from the pages of YesHello, in order to contact and be contacted by YesHello‘s support service.
      If one of these services is installed, it may collect browsing and Usage Data in the pages where it is installed, even if the Users do not actively use the service. Moreover, live chat conversations may be logged.

      Facebook Messenger Customer Chat (Facebook Ireland Ltd)
      The Facebook Messenger Customer Chat is a service for interacting with the Facebook Messenger live chat platform provided by Facebook Ireland Ltd
      Personal Data processed: Data communicated while using the service, Tracker and Usage Data.
      Place of processing: Ireland – Privacy Policy.

      Respond.io Widget
      Respond.io is a business messaging platform that connects customers from any channel to every team provided by Rocketbots Limited. Personal Data processed: Data communicated while using the service; Tracker; Usage Data.
      Place of processing: Singapore – Privacy Policy.
       

    • Tag Management
      This type of service helps the Owner to manage the tags or scripts needed on YesHello in a centralized fashion.
      This results in the Users' Data flowing through these services, potentially resulting in the retention of this Data.
      Segment (Segment Inc.)
      Segment is a tag management service provided by Segment.io, Inc.
      Personal Data processed: Tracker and Usage Data.
      Place of processing: United States – Privacy Policy.

    Measurement

    YesHello uses Trackers to measure traffic and analyze User behavior with the goal of improving the Service.

    • Analytics
      The services contained in this section enable the Owner to monitor and analyze web traffic and can be used to keep track of User behavior.

      Google Analytics (Google Ireland Limited)
      Google Analytics is a web analysis service provided by Google Ireland Limited (“Google”). Google utilizes the Data collected to track and examine the use of YesHello, to prepare reports on its activities and share them with other Google services.
      Google may use the Data collected to contextualize and personalize the ads of its own advertising network.
      Personal Data processed: Tracker and Usage Data.
      Place of processing: Ireland – Privacy PolicyOpt Out.

      Attribution (Attribution, LLC)
      Attribution is an analytics service provided by Attribution, LLC.
      Personal Data processed: Tracker and Usage Data.
      Place of processing: United States – Privacy Policy.

      Facebook Ads conversion tracking (Facebook pixel) (Facebook Ireland Ltd)
      Facebook Ads conversion tracking (Facebook pixel) is an analytics service provided by Facebook Ireland Ltd that connects data from the Facebook advertising network with actions performed on YesHello. The Facebook pixel tracks conversions that can be attributed to ads on Facebook, Instagram and Audience Network.
      Personal Data processed: Tracker and Usage Data.
      Place of processing: Ireland – Privacy Policy.


      MixPanel (MixPanel)
      MixPanel is an analytics service provided by Mixpanel Inc.
      Personal Data processed: Tracker and Usage Data.
      Place of processing: United States – Privacy PolicyOpt Out.
       

    • Content performance and features testing (A/B testing)
      The services contained in this section allow the Owner to track and analyze the User response concerning web traffic or behavior regarding changes to the structure, text or any other component of YesHello.

      Google Optimize (Google Ireland Limited)
      Google Optimize is an A/B testing service provided by Google Ireland Limited ("Google"). Google may use Personal Data to contextualize and personalize the ads of its own advertising network.
      Personal Data processed: Tracker and Usage Data.
      Place of processing: Ireland – Privacy Policy.

    Targeting & Advertising

    YesHello uses Trackers to deliver personalized marketing content based on User behavior and to operate, serve and track ads.

    • Managing contacts and sending messages
      This type of service makes it possible to manage a database of email contacts, phone contacts or any other contact information to communicate with the User.
      These services may also collect data concerning the date and time when the message was viewed by the User, as well as when the User interacted with it, such as by clicking on links included in the message.

      Customer.io (Peaberry Software Inc.)
      Customer.io is an email address management and message sending service provided by Peaberry Software Inc.
      Personal Data processed: email address, Tracker and Usage Data.
      Place of processing: United States – Privacy Policy.
       

    • Remarketing and behavioral targeting
      This type of service allows YesHello and its partners to inform, optimize and serve advertising based on past use of YesHello by the User.
      This activity is facilitated by tracking Usage Data and by using Trackers to collect information which is then transferred to the partners that manage the remarketing and behavioral targeting activity.
      Some services offer a remarketing option based on email address lists.
      In addition to any opt-out feature provided by any of the services below, Users may opt out by visiting the Network Advertising Initiative opt-out page.
      Users may also opt-out of certain advertising features through applicable device settings, such as the device advertising settings for mobile phones or ads settings in general.

      Google Ads Remarketing (Google Ireland Limited)

      Google Ads Remarketing is a remarketing and behavioral targeting service provided by Google Ireland Limited that connects the activity of YesHello with the Google Ads advertising network and the DoubleClick Cookie. Users can opt out of Google's use of cookies for ads personalization by visiting Google's Ads Settings.
      Personal Data processed: Tracker and Usage Data.
      Place of processing: Ireland – Privacy PolicyOpt Out.

      Facebook Remarketing (Facebook Ireland Ltd)
      Facebook Remarketing is a remarketing and behavioral targeting service provided by Facebook Ireland Ltd that connects the activity of YesHello with the Facebook advertising network.
      Personal Data processed: Tracker and Usage Data.
      Place of processing: Ireland – Privacy PolicyOpt Out.

    How to manage preferences and provide or withdraw consent

    There are various ways to manage Tracker related preferences and to provide and withdraw consent, where relevant:

    Users can manage preferences related to Trackers from directly within their own device settings, for example, by preventing the use or storage of Trackers.

     

    Additionally, whenever the use of Trackers is based on consent, Users can provide or withdraw such consent by setting their preferences within the cookie notice or by updating such preferences accordingly via the relevant consent-preferences widget, if available.

     

    It is also possible, via relevant browser or device features, to delete previously stored Trackers, including those used to remember the User’s initial consent.

     

    Other Trackers in the browser’s local memory may be cleared by deleting the browsing history.

    With regard to any third-party Trackers, Users can manage their preferences and withdraw their consent via the related opt-out link (where provided), by using the means indicated in the third party's privacy policy, or by contacting the third party.

     

    Locating Tracker Settings

    Users can, for example, find information about how to manage Cookies in the most commonly used browsers at the following addresses:

    Users may also manage certain categories of Trackers used on mobile apps by opting out through relevant device settings, such as the device advertising settings for mobile devices, or tracking settings in general (Users may open the device settings, view and look for the relevant setting).

    Advertising industry specific opt-outs

    Notwithstanding the above, Users may follow the instructions provided by YourOnlineChoices (EU), the Network Advertising Initiative (US) and the Digital Advertising Alliance (US), DAAC (Canada), DDAI (Japan) or other similar services. Such initiatives allow Users to select their tracking preferences for most of the advertising tools. The Owner thus recommends that Users make use of these resources in addition to the information provided in this document.

    The Digital Advertising Alliance offers an application called AppChoices that helps Users to control interest-based advertising on mobile apps.

    Owner and Data Controller

    NARRATIVE CONSULTING PLT

    B-5-8 Plaza Mont Kiara Mont Kiara, 50480, Kuala Lumpur, Malaysia

    Owner contact email: support@yeshello.chat

     

    Since the use of third-party Trackers through YesHello cannot be fully controlled by the Owner, any specific references to third-party Trackers are to be considered indicative. In order to obtain complete information, Users are kindly requested to consult the privacy policies of the respective third-party services listed in this document.

    Given the objective complexity surrounding tracking technologies, Users are encouraged to contact the Owner should they wish to receive any further information on the use of such technologies by YesHello.

     

    Definitions and legal references

    Personal Data (or Data)

    Any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person.

    Usage Data

    Information collected automatically through YesHello (or third-party services employed in YesHello), which can include: the IP addresses or domain names of the computers utilized by the Users who use YesHello, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server's answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User's IT environment.

    User

    The individual using YesHello who, unless otherwise specified, coincides with the Data Subject.

    Data Subject

    The natural person to whom the Personal Data refers.

    Data Processor (or Data Supervisor)

    The natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Controller, as described in this privacy policy.

    Data Controller (or Owner)

    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, including the security measures concerning the operation and use of YesHello. The Data Controller, unless otherwise specified, is the Owner of YesHello.

    YesHello (or this Application)

    The means by which the Personal Data of the User is collected and processed.

    Service

    The service provided by YesHello as described in the relative terms (if available) and on this site/application.

    European Union (or EU)

    Unless otherwise specified, all references made within this document to the European Union include all current member states to the European Union and the European Economic Area.

    Cookie

    Cookies are Trackers consisting of small sets of data stored in the User's browser.

    Tracker

    Tracker indicates any technology - e.g Cookies, unique identifiers, web beacons, embedded scripts, e-tags and fingerprinting - that enables the tracking of Users, for example by accessing or storing information on the User’s device.

    Legal information

    This privacy statement has been prepared based on provisions of multiple legislations, including Art. 13/14 of Regulation (EU) 2016/679 (General Data Protection Regulation).

     

    This privacy policy relates solely to YesHello, if not stated otherwise within this document.

    Latest update: July 29, 2021

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