Who we are
2. YaExam creates WordPress plugins (collectively, “Products”) that allows customers to grow their sites. While doing so, a user may use tools or content on our websites at https://yaexam.com (collectively, “Websites”).
3. This Policy applies to our Websites and Products.
5. While the data we collect from our users is stored on servers in the United States, the data collected by using some of our Products, such as YaExam, will be stored where your sites are located. For example, if your site is hosted in Spain and you use YaExam to create a form, then the user data collected from that form is stored on your server in Span and not on our servers in the United States.
6. Before accessing our Websites or Products, please ensure that you have read and understood our collection, storage, use and disclosure of your personal information as described in this Policy.
7. YaExam is the data controller of the personal information we hold about any individual or entity that has visited our Websites or Products.
What personal data we collect and why we collect it
9. We collect personal information about you when you voluntarily submit information directly to us when you access our Websites. This can include information you provide to us when you register for an account, fill in a form, correspond with us via the Websites, phone, email or otherwise, subscribe to our mailing lists, newsletters or other forms of marketing communications, respond to surveys or use some other feature of the Websites as available from time to time.
10. If you choose not to provide personal information, we may not be able to provide some features to you or respond to your other requests.
11. By default, we only collect data on your usage of our Websites. With your consent, we also collect some data on how you use our Products. We never collect or process data about your subscribers or users that interact with forms created by our Products.
12. We may use personal information to:
- Verify your identify and information,
- Encourage a safe online experience and enforce our policies
- Provide you with information that may affect your use of the Products
- Communicate marketing and promotional offers
- Provide customer service, including receipts
- Develop new products
- Perform certain other business activities
- Measuring traffic patterns
- Understanding demographics, customer interest, and other trends among user
- Providing, improving, and modifying the Websites and Products
13. When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
15. If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
16. When you use our Websites, read our emails, or otherwise engage with us through a computer or mobile device, we and our third party service providers, automatically collect information about how you access and use the Websites and information about the device you use to access the Websites. We use this information to enhance and personalize your user experience, to monitor and improve our Websites and features, and for other internal purposes.
17. We typically collect this information through a variety of tracking technologies, including cookies, Flash objects, web beacons, embedded scripts, location-identifying technologies, and similar technology (collectively, “tracking technologies”). We may combine this information with other personal information we collect directly from you.
Embedded content from other sites
19. Pages on our Websites may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
21. We may collect analytics data, or use third-party analytics tools such as Google Analytics, to help us measure traffic and usage trends for the Websites and Products and to understand more about the demographics of our users. You can learn more about Google’s practices at https://policies.google.com/privacy/partners, and view its currently available opt-out options at https://tools.google.com/dlpage/gaoptout.
22. We may also work with third party partners to employ technologies, including the application of statistical modelling tools, which permit us to recognize and contact you across multiple devices.
23. In addition to analytic tools, we also use third-party tools, such as HotJar, to record a sample of user sessions to see how users are interacting with the site using videos. We only record on pages that do not contain sensitive information. In rare cases that we must record on sensitive pages, such as our checkout or profile pages, we use the tool’s blur features to blur any areas that would contain sensitive information.
24. We may provide areas on the Websites where you can publicly post information. This information may be read, collected, and used by anyone. We do not control or endorse the information posted by third-party users, are not liable for your or third-party posts to the Websites, and specifically disclaim any liability resulting from such posts.
Advertising and Marketing
25. Opting out of Receiving Electronic Communications from us. If you no longer want to receive marketing-related emails from us, you may opt-out via the unsubscribe link. We may still send you important messages regarding administrative matters, updates, disputes, and customer service issues that are required to provide you with the Websites or Products.
Who we share your data with
26. We may share your personal information in certain cases such as:
- Public forms, such as comments, may be checked through an automated spam detection service
- Service Providers and others who help with our business operations and assist in the delivery of our products and services including, but not limited to, application development, site hosting (we use Flywheel), maintenance, data analysis, infrastructure provision, IT services, customer service, email delivery services, marketing, analytics, and enforcement of our other agreements
- Third parties in the event of a reorganization, merger, sale, debt financing of assets, joint venture, assignment, transfer, or other disposition of all or any portion of our business or assets (including in connection with any insolvency, bankruptcy, receivership, or similar proceeding)
- Persons or entities with whom you consent to have your Personal Data shared
- Third parties in order to prevent damage to our property (tangible and intangible), for safety reasons, or to collect amounts owed to us
- Third parties as we believe necessary or appropriate, in any manner permitted under applicable law, including laws outside your country of residence to: comply with legal process; respond to requests from public and government authorities, including public and government authorities outside your country of residence; enforce our Terms of Service Agreement and other agreements; protect our operations; protect our rights, privacy, safety or property, and/or that of our affiliates, you, or others; and allow us to pursue available remedies or limit the damages that we may sustain.
- Other users of the site to identify you to anyone to whom you send messages or make comments through the Websites
27. We use payment processors who collect information to complete any transactions. We use PayPal. Any credit/debit card information is sent to our payment processors and is never processed or store by us. In order for them to process this information, we must also send over some personal information such as email address (for transactional purposes only) and address (for card verification purposes).
29. We will never sell, rent, or lease your personal information to a third party.
30. We participate in interest-based advertising and use third party advertising companies, such as Facebook, to serve you targeted advertisements based on your browsing history. We permit third party online advertising networks, social media companies and other third party services to collect information about your use of our websites and mobile apps over time so that they may play or display ads on our Websites, Products, on other websites, apps or services you may use, and on other devices you may use. Typically, though not always, the information used for interest-based advertising is collected through cookies or similar tracking technologies, which recognize the device you are using and collect information, including click stream information, browser type, time and date you visited the site and other information. We may share a common account identifier (such as an email address or user ID) with our third party advertising partners to help identify you across devices.
31. We and our third party partners use this information to make the advertisements you see online more relevant to your interests, as well as to provide advertising-related services such as reporting, attribution, analytics and market research.
How long we retain your data
32. If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
33. For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
34. For data that is collected about the Products, such as usage or demographics, that data is retained indefinitely.
35. We will retain your personal information for the period necessary to fulfill the purposes outlined in this Policy unless a longer retention period is required or allowed by law.
Your rights you have over your data
36. Right of access and portability – At any time, you can use our contact form and request a copy of your personal information.
37. Right to rectification – If you discover some of your personal information is incorrect, you can use our contact form to reach out and we will rectify the data within a reasonable amount of time.
38. Right to be forgotten – At any time, you can use our contact form to request we delete all of your personal information which we will happily due within a reasonable amount of time. Please note that this is permanent and may lead to you losing important data within our Websites and Products. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
39. Right to object – The right to object, on grounds relating to your particular situation, to the processing of your personal information, and to object to processing of your personal information for direct marketing purposes, to the extent it is related to such direct marketing.
40. You also have the right to lodge a complaint to your local data protection authority. If you are in the EU, more information about how to contact your local data protection authority is available at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm
41. We implement appropriate technical and organizational measures to protect your personal information against accidental or unlawful destruction, loss, change or damage. All personal information we collect will be stored on secure servers. All electronic transaction entered into via our Website will be protected by SSL encryption technology. Where you register for an account on the Services, you are responsible for maintaining your account’s security. You must immediately notify us of any unauthorized uses of your account or any other breaches of security immediately using our contact form.
International transfers of your personal information
42. The personal information we collect may be transferred to and stored in countries outside of the jurisdiction you are in where we and our third party service providers have operations. If you are located in the European Union (“EU”), your personal information will be processed outside of the EU including in the United States; these international transfers of your personal information are necessary for the performance of our agreement with you in order to provide the Websites and Products.
Links to 3rd party sites
43. Our Websites or Products may, from time to time, contain links to and from third party websites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for their policies. Please check the individual policies before you submit any information to those websites.
Users under 16 years of age
44. Our Websites and Products are not directed to and we do not knowingly collect personal information from children under the age of 16. If we become aware that a child under the age of 16 has provided us with personal information, we will take steps to remove such data. If you become aware that your child has provided us with personal information without your consent, please contact us. By using the Websites or Products, you are representing to us that you are not under the age of 16.
Changes to this Policy
47. At any time, you can use our contact form to speak with anyone concerning your data or this Policy.