PRIVACY POLICIES

Privacy

Yaana Privacy Policies

This privacy policy applies to Yaana Technologies, LLC services, websites and products. Please read the specifics below for more details on a particular policy.

Safe Harbor Privacy Policy – U.S.A. – European Union

Yaana Technologies, LLC. (“Yaana”) complies with the U.S.-EU Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries.  Yaana has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement.  To learn more about the Safe Harbor program, and to view Yaana’s certification, please visit http://www.export.gov/safeharbor/

Scope

Yaana generally does not collect personal information directly from individuals in the European Union (“EU”). Instead, Yaana merely acts as a data processor for its enterprise business customers. This Policy applies to personal information knowingly received and processed by Yaana in the United States from the EU, specifically, personal information collected from Yaana’ business customers concerning their employees or customers in the context of the services Yaana performs and about Yaana employees.

Definitions

“Yaana” means Yaana Technologies, LLC, its predecessors, and successors.

“Personal information” means information that identifies or reasonably may identify a natural person. Personal information does not include anonymized information or aggregate information to the extent an individual’s identity cannot reasonably be determined from such information. In addition, Personal information does not include information as to which an individual has given explicit consent for use, consistent with the Safe Harbor Principles.

“Agent” means any third party that processes, collects, or uses personal information pursuant to the instructions of, and solely for the benefit of, Yaana, or to which Yaana discloses personal information for use on its behalf.

“Sensitive personal information” means personal information that reveals a natural person’s race, ethnic origin, political opinions, religious or philosophical beliefs, criminal record, or trade union membership, or that concerns a natural person’s sex life or health.

Privacy Principles

The privacy principles in this Policy are based on and shall be interpreted in a manner consistent with the Safe Harbor Principles.

Notice

Yaana provides managed hosting and networking services to its enterprise business customers, which may require Yaana to process its customers’ data for the purpose of enabling or monitoring the functionality of the customer applications. The customer data processed by Yaana may include personal information. This information is controlled by Yaana’ customers and may be processed by Yaana in order to provide the relevant services. Yaana is not responsible for the content of the information it processes, which may include personal information, nor is it responsible for the way its customers treat the personal information they collect or control.

Choice

Yaana generally does not collect personal information directly from individuals in the EU. It merely acts as a data processor for its enterprise business customers. If Yaana does collect information directly from individuals within the EU via its website, it will do so pursuant to its corporate Privacy Policy and, to the extent it is applicable and required by the Safe Harbor Principles, offer such individuals the choice to opt out of having their personal information disclosed to a third party that is not an agent or used for a purpose other than for which it was collected originally.

Onward Transfer

Yaana will obtain reasonable assurances from any agents to whom it provides direct access to personal information that they will safeguard personal information knowingly collected by Yaana concerning individuals residing in the EU consistent with this Policy and the Safe Harbor Principles.

Access

Upon an individual’s request, if feasible or applicable, Yaana will offer individuals from whom it directly collects information reasonable access to their personal information and will afford such individuals a reasonable opportunity to correct, amend, or delete inaccurate information. For commercial and security reasons, Yaana may have to coordinate such access through its customer who controls the information. Yaana may limit or deny access to personal information where providing such access would be unreasonably burdensome or expensive under the circumstances or as otherwise permitted by the Safe Harbor Principles.

Security

Yaana will take reasonable measures including technical, physical, and administrative measures and training, as appropriate, to protect personal information it collects and processes from loss, misuse, and unauthorized disclosure, access, alteration, and destruction. Such measures apply generally across Yaana systems, services and facilities rather than to particular customer environments, which vary greatly and are often highly customized.  Yaana safeguards information according to established security standards and periodically assesses new technology for methods of protecting information. However, Yaana cannot guarantee the security of personal information.

Data Integrity

Yaana generally does not determine the type of personal information collected by its business customers or the purpose for which it is collected. It merely acts upon the instructions of such customers as a data processor. If Yaana does collect information directly from individuals within the EU, it will, to the extent it is applicable and required by the Safe Harbor Principles, take reasonable measures to verify that personal information it collects and processes is relevant for its intended use, reliable for its intended use, accurate, complete, and current.

Enforcement and Dispute Resolution

Yaana will conduct periodic assessments to confirm the accuracy of, and verify its adherence to, this Policy. Yaana will investigate suspected infractions and will take all appropriate action. Any questions, concerns, or complaints concerning the collection and use of personal information by Yaana should be directed to:

Yaana Technologies, LLC.
Attention:  Compliance Officer
542 Gibraltar Drive

Milpitas, CA 95035 USA

Yaana will conduct a reasonable investigation into and will attempt to resolve any complaints in accordance with the principles contained in this Policy. Complaints that cannot be resolved between Yaana and the complainant shall be resolved via binding arbitration with the American Arbitration Association in accordance with its Commercial Arbitration Rules and Mediation Procedures. Complainants seeking arbitration must send written notice to the Yaana General Counsel at 542 Gibraltar Drive, Milpitas, CA 95035 USA.  A single arbitrator will be selected by Yaana and the arbitration will be held in San Jose, CA.  Each party will pay its own costs associated with the arbitration and agrees to split the arbitration fees. Solely with respect to complaints by Yaana employees that cannot be resolved internally, Yaana agrees to work with the relevant Data Protection Authority to resolve such matter.

To satisfy the Safe Harbor requirement, parties may alternatively choose the International Centre for Dispute Resolution, (ICDR), which is the international division of the American Arbitration Association (ICDR/AAA) of which Yaana is a member. The ICDR/AAA dispute resolution procedures offer an independent recourse mechanism administered by the ICDR/AAA pursuant to its International Arbitration Rules as modified by these procedures. Affected individuals who do not receive timely acknowledgement of their complaints by Yaana or whose complaints are not satisfactorily addressed, may file a dispute on-line as directed below.

  1. The dispute may be filed on-line utilizing the AAA WebFile® at https://apps.adr.org/webfile.The filing party (“claimant”) will submit via AAA WebFile a Demand for Arbitration and copies of any supporting documents the claimant wishes to enter into evidence. A filing fee of US $200.000 shall be advanced by the claimant by credit card. The program fees are listed below.
  2. The filing party may also file a case by mail or fax, please complete the appropriate form(s) and forward to AAA/ICDR Case Filing Services.International Centre for Dispute ResolutionA Division of the American Arbitration AssociationCase Filing Services1101 Laurel Oak Road, Suite 100Voorhees, NJ 08043Phone: 856-435-6401Toll free number in the US 877-495-4185Fax number 877-304-8457Fax number outside the US: 212-484-4178Email box: casefiling@adr.org For any questions or for further information about this program, the ICDR’s International Arbitration Rules and forms, along with additional language versions of the ICDR’s International Arbitration Rules, please contact Mr. Jason Cabrera
  3. Upon receipt of the Demand for Arbitration, the ICDR will make an initial Determination, subject to the appointed arbitrator(s) final determination, regarding the eligibility of the complaint pursuant to the U.S.-EU & U.S.-Swiss Safe Harbor programs and if deemed eligible the ICDR/AAA shall prepare a dated letter of initiation that will be communicated to the parties with respect to the arbitration and shall acknowledge the commencement of the arbitration.
  4. Within thirty (30) days after the commencement of the arbitration, a respondent shall submit a written statement of defense and/or counterclaim utilizing AAA WebFile or by e-mail and attaching copies of the supporting documents the respondent wishes to enter into evidence. When no statement of defense is filed to a claim or counterclaim, such claim or counterclaim shall be deemed as denied by the opposing party. All communications will be by email unless otherwise agreed by the parties or as directed by the arbitrator.
  5. Once the statement of defense and/or counterclaim is received or after thirty (30) days have passed without a statement of defense and/or counterclaim or statement of defense to counterclaim, the ICDR/AAA will proceed with administration by appointing a single arbitrator and notifying the parties of the arbitrator’s name and any disclosures by email. The parties may object to the arbitrator’s appointment within seventy-two (72) hours of the arbitrator’s appointment. If no objection has been received by ICDR within seventy-two (72) hours, the arbitrator will be reaffirmed. In the event of an objection, ICDR will invite comments from the other party and then either reaffirm the arbitrator or appoint a new arbitrator.
  6. The ICDR case manager, once the arbitrator is appointed, will schedule an administrative conference call with the parties and the arbitrator to discuss the process, scheduling of any additional submissions, the applicable rules, and clarifying all procedural issues. The arbitration shall be conducted on documents only and there shall not be any hearings in person unless otherwise agreed by the parties or as directed by the arbitrator.
  7. The arbitrator shall make a determination based upon the documents submitted by the parties. In extraordinary circumstances the arbitrator may request additional evidence from the parties.
  8. The award of the arbitrator shall specify the remedies and sanctions as contemplated by the Safe Harbor Frameworks. The award shall state the reasons upon which the award is based.
  9. While the process will be based on documents only without any hearings in person the place of arbitration for purposes of the award shall be New York, New York. The language of the arbitration shall be determined by the arbitrator.
  10. The award of the arbitrator shall be final and binding upon the Parties and shall constitute a duly executed award for purposes of enforcement.

Limitations

Yaana’ adherence to the Safe Harbor Principles may be limited by its role as a data processor as well as any applicable legal, regulatory, ethical, or public interest consideration, and as expressly permitted or required by any applicable law, rule, or regulation. In addition, Yaana reserves the right to disclose personal information reasonably related to the sale or disposition of all or part of its business.

Modification of this Safe Harbor Privacy Policy

Yaana may amend this Policy from time to time with or without notice in accordance with the Safe Harbor Principles. Any modified policy will be posted on the company’s website for public viewing.

Contact Information

Questions, concerns, or complaints concerning the collection and processing of personal information by Yaana pursuant to this Safe Harbor Privacy Policy should be directed to the following address.

Yaana Technologies, LLC.
Attention:  Compliance Officer
542 Gibraltar Drive

Milpitas, CA 95035 USA

Dated: 19 August 2010

Revised: 8 August 2014

Privacy Policy – Canada

Yaana generally does not collect personal information directly from individuals in Canada. Instead, Yaana merely acts as a data processor for its Canadian enterprise business customers.  Yaana’s Policy applies to personal information knowingly received and processed by Yaana, specifically, personal information collected from Yaana’ business customers concerning their employees or customers in the context of the services Yaana performs and about Yaana employees.

Yaana’s U.S.A. – European Union Safe Harbor Privacy Policy, is also applied for purposes of compliance with the equivalent requirements found in the Personal Information Protection and Electronic Documents Act (PIPEDA), and similar province privacy requirements.  These Safe Harbor policies, such as those relating to enforcement and dispute resolution, will also be applied to meet applicable PIPEDA requirements.  Communications should be directed to:

Yaana Technologies, LLC

Attention: Compliance Officer

542 Gibraltar Drive

Milpitas, CA 95035 USA

Some of PIPEDA’s requirements relating to disclosure and consent that may be applicable to Yaana’s enterprise customers are implemented through contractual agreements between those enterprises and their end users.  Additionally because Canadian police who show they need personal information for an investigation or during an emergency may not be required under PIPEDA to obtain consent to collect it.

Terms of Use

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By using the Yaana Technologies Web sites, you agree to these Terms of Use. If you do not agree to these Terms of Use, you may not use the Yaana Technologies Web sites.

1. Terms of Use

Welcome to the Yaana Technologies Web sites (the “Site”). Through the Site, you have access to a variety of resources and content. By accessing or using the Site or the Content provided on or through the Site, you agree to follow and be bound by the following terms and conditions concerning your access to and use of the Site and the Content provided on or through the Site (“Terms of Use”) and our Privacy Policy. Yaana Technologies may revise the Terms of Use and Privacy Policy at any time without notice to you. The revised Terms of Use and Privacy Policy will be effective when posted.

2. Use of Materials

You may download, store, display on your computer, view, listen to, play and print Materials that Yaana Technologies publishes or broadcasts on the Site or makes available for download through the Site subject to the following: (a) the Materials may be used solely for your personal, informational, noncommercial purposes; (b) the Materials may not be modified or altered in any way; and (c) the Materials may not be redistributed. 

3. Indemnity

You agree to indemnify and hold harmless Yaana Technologies, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, due to or arising out of Content that you Share, your violation of these Terms of Use or any additional rules, guidelines or terms of use posted for a specific area of the Site or Content provided on or through the Site, or your violation or infringement of any third party rights, including intellectual property rights.

4. Monitoring

Yaana Technologies has no obligation to monitor the Site or screen Content that is Shared on or through the Site. However, Yaana Technologies reserves the right to review the Site and Content and to monitor all use of and activity on the Site, and to remove or choose not to make available on or through the Site any Content in its sole discretion. Yaana Technologies may remove Content that is confidential or proprietary to a third party without that third party’s permission.

5. Termination of Use

Yaana Technologies may, in its sole discretion, at any time discontinue providing or limit access to the Site, any areas of the Site or Content provided on or through the Site. You agree that Yaana Technologies may, in its sole discretion, at any time, terminate or limit your access to, or use of, the Site or any Content. Yaana Technologies may terminate or limit your access to or use of the Site if Yaana Technologies determines, in its sole discretion, that you have infringed the copyrights of a third party. You agree that Yaana Technologies shall not be liable to you or any third-party for any termination or limitation of your access to, or use of, the Site or any Content, including Content that you may have Shared.

6. Third Party Web Sites, Content, Products and Services

The Site provides links to Web sites and access to Content, products and services of third parties, including users, advertisers, affiliates and sponsors of the Site. Yaana Technologies is not responsible for third party Content provided on or through the Site or for any changes or updates to such third party sites, and you bear all risks associated with the access to, and use of, such Web sites and third party Content, products and services.

7. Disclaimer

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YAANA TECHNOLOGIES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE. YAANA TECHNOLOGIES MAKES NO WARRANTY THAT: (A) THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT PURCHASED OR OBTAINED BY YOU ON OR THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE SITE IS USED AT YOUR OWN DISCRETION AND RISK. YAANA TECHNOLOGIES SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT.

YAANA TECHNOLOGIES RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THE SITE AND CONTENT PROVIDED ON OR THROUGH THE SITE AT ANY TIME WITHOUT NOTICE.

Limitation of Liability

IN NO EVENT SHALL YAANA TECHNOLOGIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE.

8. Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THESE TERMS OF USE, INCLUDING THOSE SET FORTH IN SECTIONS 13 AND 14, DO NOT APPLY AND ALL OTHER TERMS SHALL REMAIN IN FULL FORCE AND EFFECT.

9. Privacy Policy

Yaana Technologies is concerned about your privacy and has developed a policy to address privacy concerns. For more information, please see Yaana Technologies’ Privacy Policy. Any personal information collected on this Site may be accessed and stored globally and will be treated in accordance with Yaana Technologies Privacy Policy. You understand that Yaana Technologies collects, uses, processes, possesses, and otherwise stores your personal information and utilization data and may share such data with third party service providers for the purpose of improving or providing services subject to Yaana Technologies’s Privacy Policy.

10. Availability of Products

Information on the Site may reference or cross-reference Yaana Technologies products or services that might not be available in your location. Such references do not imply that Yaana Technologies plans to make such products, programs, or services available in your location. Please contact your local Yaana Technologies representative for more information.

11. Waiver and Severability

The failure of Yaana Technologies to exercise or enforce any rights or provisions in these Terms of Use shall not constitute a waiver of such right or provision. If any part or provision of these Terms of Use is found to be unenforceable, such part or provision may be modified to make the Terms of Use as modified legal and enforceable. The balance of the Terms of Use shall not be affected.

12. Applicable Laws

All matters relating to your access to, and use of, the Site and Content provided on or through or uploaded to the Site shall be governed by U.S. federal law or the laws of the State of California. Any legal action or proceeding relating to your access to, or use of, the Site or Content shall be instituted in a state or federal court in San Francisco or Santa Clara County, California. You and Yaana Technologies agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

13. Copyright/Trademark

Copyright © 2007-2016 Yaana Technologies and/or its affiliates. All rights reserved.

Last Revised: March 1, 2016

14. Open Source

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Trademarks

All products, services, names, logos, and marks listed on this website and below are the intellectual property of Yaana Technologies, LLC. To the extent a name or logo does not appear on this list does not constitute a waiver of any and all intellectual property rights that Yaana Technologies, LLC or its subsidiaries has established in any of its product, feature, or service names or logos. Use of any of these names, logos, or marks must be upon written approval from Yaana Technologies, LLC.

“NetDiscovery”

“NetDiscovery Compliance Cloud”

“DeepProbe”

“TunnelBox”

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