YOONO terms and conditions.
1. Defined Terms.
Capitalised terms shall have the meanings given to them in this clause.
Authorised User is an individual who has been issued with login credentials to access the Services on behalf of the Customer.
Controller, Processor, Personal Data, Personal Data Breach and Processing will have the same meanings as in the Data Protection Laws (and Processed and Process will be construed in accordance with the definition of Processing).
Credits mean credits made available to the Customer, as part of a subscription or in exchange for a one-payment, which can be redeemed for one or more Reports.
Customer or “you” means any organisation that registers to use the Services and, in so doing, agrees to these Terms and Conditions.
Customer Supplied Data means all data uploaded to the Services by the Customer, including Personal Data of Report Subjects provided by Customer to assist with the identification of the Report Subject.
Customer Personal Data means any Personal Data Processed by Yoono pursuant to the Terms and Conditions as a Processor.
Data Protection Laws means all applicable laws relating to the processing of personal data and the privacy of natural persons including, without limitation and to the extent applicable to the parties, the UK GDPR and the Data Protection Act 2018.
Data Subject will have the same meaning as in the Data Protection Laws.
DPA means the Data Protection Appendix, at Appendix 1 to the Terms and Conditions.
Gen AI Models means the third party developed generative AI models integrated with the Product from time to time.
GDPR means the General Data Protection Regulation (EU) 2016/679.
Intellectual Property Rights means all current and future rights, title, and interests, whether registered or unregistered, in any intangible property resulting from intellectual or creative efforts. This includes, without limitation: (i) all rights related to the reproduction, performance, display, distribution, and creation of derivative works in any medium or format, including software, accompanying documentation, and any related materials; (ii) all rights to inventions, technological methods, and innovations, including the exclusive rights to make, use, sell, or license any patented processes or improvements; (iii) all rights associated with any logos, trade names, designs, or other identifiers used to designate and distinguish products or services; (iv) all rights in confidential information, proprietary know-how, trade secrets, and any other information that is maintained in confidence and affords the owner a competitive advantage; and (v) all other rights of a similar or analogous nature recognized under applicable law, including any moral rights, design rights, or rights in enhancements, modifications, derivatives, or improvements of the foregoing.
Yoono or “us” means Yoono Ltd; Company No 12697673; Registered Office Gresham House, 5-7 St Pauls Street, Leeds, United Kingdom, LS1 2JG; VAT number: GB397881816
Legal Challenge means actual or suspected non-compliance with applicable laws in relation to a Report or any part of it, or otherwise any complaint, challenge or claim by any person alleging that a Report is in breach of applicable laws or legal rights.
Malicious Software means any computer programme, code, or file, including, but not limited to, viruses, worms, Trojan horses, malware, spyware, adware, ransomware, logic bombs, or other harmful or unauthorised software, designed to infiltrate, disrupt, damage, or compromise the security, integrity, or functionality of Product, any related systems, or networks.
Product means the web-based software application marketed as ‘Yoono’ that is available through the Services and that is provided by Yoono Limited to business customers for the purposes of generating Reports about Report Subjects using publicly available information and Gen AI Models.
Report means a report on an individual subject generated by the Product through the use of the Services at the direction of the Customer.
Report Data means all data contained in a Report
Report Subject means the individual about whom a Report is generated by the Customer.
Restricted Transfer means a transfer of Personal Data to a third country which would be prohibited by Data Protection Laws in the absence of a data safeguard for the transferred Personal Data.
SCCs means (a) the standard contractual clauses for the transfer of personal data as set out in Commission Decision 2021/914 as the same are revised, updated or replaced from time to time by the European Commission; (b) the UK International Data Transfer Addendum to the EU Standard Contractual Clauses issued by the Information Commissioner’s Officer under section 119A(1) of Data Protection Act 2018; and/or (c) any other set of contractual clauses or other similar mechanism approved by such Supervisory Authority or by Data Protection Laws for use in respect of a Restricted Transfer, including in Jersey.
Services means the subscription services provided by Yoono to Customer through the Website, subject to these Terms and Conditions.
Supervisory Authority means the Information Commissioner’s Office or any other regulatory authority responsible for the enforcement of Data Protection Laws.
Subprocessor means any Processor appointed by or on behalf of Yoono to Process Customer Personal Data in connection with these Terms and Conditions.
Subscription Fees has the meaning given to it in clause 4.1.
Terms and Conditions means these terms and conditions of use applicable to the Services.
UK GDPR has the meaning given to that term by section 3(10) of the Data Protection Act 2018 as supplemented by section 205(4).
Website www.yoono.ai, or any other website through which Yoono provides the Services from time to time.
2. General.
2.1 These are the Terms and Conditions applicable to the use of the Services by the Customer.
2.2 In order to use the Services it is necessary for you to register as a Customer and by using the Services or by registering as a Customer, you agree that you have read these Terms and Conditions, you understand these Terms and Conditions and that you are bound by these Terms and Conditions. If you do not agree to these Terms and Conditions you may not use the Services.
2.3 These Terms and Conditions override all previous agreements and representations made between Yoono and any Customer.
3. Authorised Use.
3.1 The Services are provided for business use only and are not available for use by individuals acting as consumers. Individuals may only register to use the Services where they are doing so in a business capacity.
3.2 In consideration for the Customer’s payment of the Subscription Fees, Yoono grants the Customer a licence to use the Services in accordance with these Terms and Conditions.
3.3 The Services are designed to allow businesses to collect information about individuals with whom they have entered into, are entering into, or are considering entering into, a business or employment relationship. The Customer agrees that it shall not use Services for any other purpose.
3.4 Without prejudice to the generality of clause 3.3, the Customer agrees that it shall not use the Services or a Report for any purpose that (i) breaches any applicable law; (ii) contravenes any written commitments (including contractual commitments) given by the Customer or any affiliated party; or (iii) would reasonably be considered to be unfair, deceptive, immoral, unethical or obscene.
3.5 The Customer agrees that, as between it and Yoono, it is solely responsible for ensuring that its use of the Services, including any Report generated through use of the Services, complies with applicable laws and with these Terms and Conditions.
3.6 Without prejudice to the generality of clause 3.5, the Customer shall be responsible for ensuring that Report Subjects are provided with appropriate information about the creation and use of a Report by the Customer, and that the Customer complies with all transparency requirements under applicable laws, including without limitation under data protection laws. In this regard, Yoono draws the Customer’s attention to paragraph 11 of Appendix 1 to these Terms and Conditions.
3.7 Yoono reserves the right to refuse any application for registration as a Customer at any time and at its sole discretion.
3.8 Yoono reserves the right to monitor use of the Services by the Customer in order to detect unauthorised use within the meaning of these Terms and Conditions. Where Yoono reasonably suspects unauthorised use, it reserves the right to immediately suspend access to and use of the Platform by the Customer.
3.9 Yoono reserves the right to decline to provide access to the Services to any Customer, and to terminate these Terms and Conditions, in the event that Yoono, in its sole discretion and judgment, believes that the request for access is not bona fide or is in connection with an unauthorised use within the meaning of this clause 3.
4. Payment and credits.
4.1 In consideration for the licence to use the Software, the Customer agrees to pay the subscription fees associated with its chosen plan ("Subscription Fees") or to make a one-off purchase of credits. All Subscription Fees and one-off credit purchases are billed in advance on either a monthly or annual basis and are non-refundable. The Customer authorises Yoono to charge its designated payment method for the Subscription Fees or any one-off credit purchases on the first day of each billing cycle until the subscription is cancelled in accordance with these Terms and Conditions.
4.2 The Customer’s subscription tier entitles it to a specific number of non-transferable credits each billing cycle. These credits are the sole currency for purchasing Reports generated by the Product. The number of credits required for each report is clearly displayed within the Product.
4.3 Credits allocated each billing cycle will expire at the end of the same billing cycle. Unused credits do not roll over to subsequent billing cycles and have no monetary value.
4.4 If the Customer requires additional credits beyond its monthly or annual allocation, the Customer may purchase them at the then-current rates displayed within the Product. These purchased credits are also subject to the same expiration policy.
4.5 Yoono reserves the right to modify the Subscription Fees and the number of credits attached to each tier at any time. Yoono will provide the Customer with reasonable notice of any changes before they take effect. The Customer’s continued use of the Services after such changes constitutes its acceptance of the new fees and terms.
4.6 Unless expressly stated otherwise in these Terms and Conditions or required by applicable laws, termination or non-renewal under any section of these Terms and Conditions will not oblige Yoono to refund any Subscription Fees.
5. Security.
5.1 Yoono may require Authorised Users to use passwords or other login credentials to access the Services. The Customer shall be responsible for ensuring such credentials are kept secure and confidential and for protecting credentials against unauthorised use or disclosure to persons who are not Authorised Users.
5.2 The Customer shall immediately notify Yoono if it becomes aware of:
a) any unauthorised use or disclosure of a password or other login credential; or
b) any other unauthorised access or damage to, or use or alteration of, the Product.
5.3 The Customer shall not, and shall not permit any third party to, reverse engineer, decompile, translate, disassemble or otherwise attempt to extract any or all of the source code of the Product (except to the extent such restriction is expressly prohibited by applicable law).
5.4 The Customer shall not, and shall not permit any third party to, introduce, transmit, store, or otherwise incorporate any Malicious Software into or in connection with the Product. This includes, without limitation, any actions or omissions that knowingly or negligently facilitate the exchange or delivery of any such Malicious Software, whether directly or indirectly, through any computing environment related to the Product.
6. Intellectual Property.
6.1 All Intellectual Property Rights associated with the Services, including the Product and the production and visualisation of Reports by the Product, are the property of Yoono or its licensors (“Yoono IP”), and except as otherwise expressly stated in these Terms and Conditions, Yoono or its licensors retain all intellectual property rights in the Yoono IP.
6.2 Yoono grants Customer a non-exclusive, non-transferable, non-assignable licence to use the Yoono IP for the purposes of using the Services and generating Reports in accordance with these Terms and Conditions.
6.3 Customer acknowledges that Report Data may include data licensed by Yoono from third-party data providers. Customer understands that this data is not owned by Yoono, and is provided to Customer under the terms of Yoono’s third party data licence.
6.4 As between Yoono and Customer, all Intellectual Property Rights associated with Customer Supplied Data and Reports (together “Customer IP”), are the property of the Customer. To the extent necessary to give effect to this clause, subject to clause 6.4 and and to the extent permitted by third-party licences and applicable law, Yoono hereby assigns and/or sub-licences any rights in the Reports and in Report Data to the Customer.
6.5 Customer grants Yoono a non-exclusive, royalty-free licence to use the Customer IP for the purposes of providing Customer with the use of the Services in accordance with these Terms and Conditions.
6.6 Information contained in Reports may be derived from government sources (such as Companies House) under the terms of the Open Government Licence.
7. Use of Reports.
7.1 Notwithstanding that Reports constitute Customer IP pursuant to clause 6.4, Customer shall not, without the prior written consent of Yoono, resell the Reports to any third party, or otherwise provide the Reports to a third party as part of any commercial activity for which Customer is remunerated in any way.
7.2 For security reasons, unless otherwise agreed by Yoono in writing, Reports are solely accessible through the Services. Yoono reserves the right to require third parties to create an account and become Authorised Users prior to allowing access to Reports through the Services.
7.3 For security and privacy reasons, Reports are automatically deleted after 3 months. The Customer can select a longer retention period if desired.
7.4 If Yoono becomes aware of an actual or reasonably suspected Legal Challenge to a Report or any part of a Report, Yoono reserves the right to remove, modify or block access to that Report, or any part of it, for as long as Yoono deems reasonably necessary to investigate and, where relevant, respond to the Legal Challenge.
8. Data Protection.
8.1 The parties shall comply with their respective obligations as set out in Appendix 1 (Data Protection Appendix).
9. Limitation of Liability.
9.1 Yoono warrants that the Product has been developed and maintained with reasonable skill and care and in accordance with good market practice.
9.2 Except as expressly stated in these Terms and Conditions, Yoono does not give any representations, warranties or undertakings in relation to the Services, the Product or the Reports. Any representation, condition or warranty which might be implied or incorporated into these Terms and Conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law.
9.3 Without prejudice to the generality of clause 9.2, Yoono:
a) does not warrant the accuracy of the Report Data, or the suitability of the Report for Customer’s specific purpose, and the Customer acknowledges that Reports are not intended to be used as the sole basis for any business decision. The Customer acknowledges that Report Data is derived from a variety of publicly available sources, and it is the Customer’s responsibility to conduct its own further enquiries and to validate the accuracy and completeness of the Report Data before relying upon it; and
b) specifically excludes any liability for any inaccuracy, incompleteness or other error which arises because of Customer Supplied Data.
9.4 Neither party shall be liable to the other for any of the following types of loss, whether as a result of negligence or breach of contract or any other liability or obligation:
a) indirect loss;
b) loss of profit; or
c) loss of business.
9.5 The liability of Yoono for any claim (whether in contract, negligence, breach of statutory duty or under any indemnity or otherwise), shall be limited to the value of the Fees paid by the Customer to Yoono for the provision of the Services in the 12 months preceding the event giving rise to the liability.
9.6 Nothing in these Terms and Conditions excludes or limits Yoono’s liability for death or personal injury arising out of its negligence, or for any other liability that cannot be excluded or limited under applicable law.
10. Indemnification.
10.1 Customer indemnity. Customer will indemnify Yoono against all losses (including damages, costs and expenses) associated with defending, settling and/or paying any claims, actions or proceedings brought against Yoono as a result of any breach by Customer of clauses 3, 5, 6, 7 or 11 of these Terms and Conditions.
10.2 Indemnification exclusion. Customer will not be liable under the indemnity in this clause 10 to the extent that the damages, costs or other losses arise out a breach by Yoono of these Terms and Conditions.
10.3 Indemnification conditions. To be eligible for indemnification under this clause 10, Yoono must promptly notify Customer of any matter likely to give rise to indemnification, and must take all reasonable steps to resolve complaints and potential claims promptly, in good faith, and on reasonable commercial terms. Customer will have the right to take sole control of any legal proceedings, to the extent that those proceedings relate to a matter for which indemnification is sought. Without prejudice to the foregoing, any settlement requiring Yoono to admit liability, pay money or take (or refrain from taking) any action, will require the Customer’s prior written consent, not to be unreasonably withheld, conditioned or delayed.
11. Confidentiality.
11.1 Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, assets, affairs, customers, clients or suppliers of the other party or of any member of the group of companies to which the other party belongs, except as permitted by clause 11.2.
11.2 Each party may disclose the other party's confidential information:
a) to its employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of exercising the party's rights or carrying out its obligations under or in connection with these Terms and Conditions. Each party shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the other party's confidential information comply with this clause 11; and
b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
11.3 No party may use any other party's confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with these Terms and Conditions.
12. Publicity.
12.1 Yoono may reference the Customer’s name as a user of the Services and for this purpose display the Customer’s logo on its website and other promotional materials. Yoono will comply with any reasonable brand or style guidelines notified to it in connection with the use of the Customer’s name and/or logo.
12.2 The Customer may opt out of Yoono use of its name and/or logo under clause 12.1 by providing notice to Yoono.
13. Force Majeure.
13.1 Yoono reserves the right to remove access to the Services and suspend the performance of its obligations under these Terms and Conditions if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of Yoono including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, pandemics, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.
14. Notices.
14.1 Any notices to be sent by one party to the other under these Terms and Conditions shall be in writing and shall be delivered personally or sent by special delivery post (or equivalent service offered by the postal service from time to time) to the registered addresses of each party.
14.2 Notices shall be deemed to have been duly given; if delivered personally, upon delivery; if sent by post, two clear days after the date of posting.
15. Choice of Law and Jurisdiction.
15.1 These Terms and Conditions and all matters arising out of them shall be governed by, and construed in accordance with, the laws of England. The English Courts shall have exclusive jurisdiction over any claim or matter which may arise out of or in connection with these Terms and Conditions.
16. General.
16.1 Contact
You can contact our customer service team at support@yoono.ai. To give us formal notice of any matter under these Terms and Conditions, you must follow the procedure described in clause 14.
16.2 Assignment and other dealings
The Customer shall not assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights and obligations under a contract without Yoono’s prior written consent. Yoono may at any time assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights under any contract.
16.3 Entire agreement
Each request for Services incorporates these Terms and Conditions and constitutes the entire agreement between the parties for the Services and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement on the Portal or in these Terms and Conditions.
16.4 Variation
No variation of these Terms and Conditions shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
16.5 Waiver
A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not: waive that or any other right or remedy; or prevent or restrict the further exercise of that or any other right or remedy.
16.6 Severance
If any provision or part-provision of a contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the contract.
16.7 Third party rights
No one other than a party to this agreement shall have any right to enforce any of its terms.
16.8 Relationship of the parties
Yoono and Customer are independent contractors pursuant to these Terms and Conditions, and nothing in these Terms and Conditions will be construed to create a partnership, joint venture or agency relationship between them. Neither party has authority to enter into agreements of any kind on behalf of the other.
16.9 Changes to terms
Yoono may amend any term of the Terms and Conditions (and in particular the description of the Services or the Fees) at any time and such amendment shall apply to all future requests for Services.
Appendix 1 Data Protection Appendix (DPA).
1. Yoono's processing of personal data as a controller
1.1 The parties agree that in connection with the provision of the Services, Yoono will Process Personal Data as a separate and independent Controller for the following purposes: maintaining and developing Yoono's relationship with the Customer, billing and invoicing, compliance with quality control and risk management procedures, service improvement, security related processing (for example, automated scanning of incoming and outgoing emails for viruses), complying with legal and regulatory obligations; and establishing, exercising and defending legal claims. In doing so, Yoono will be separately responsible for complying with applicable Data Protection Laws. In such circumstance, the remainder of this DPA shall not apply.
1.2 Other than the Processing activities referred to in paragraph 1.1, Yoono will otherwise act as a Processor and the remaining provisions of the DPA shall apply.
2. Customer's documented instructions
2.1 In Processing Customer Personal Data as a Processor on the Customer’s behalf, Yoono will:
2.1.1 only Process Customer Personal Data in accordance with the Customer’s reasonable documented instructions, unless Processing is otherwise required by applicable law to which Yoono is subject, in which case Yoono will inform the Customer of that legal requirement before such Processing (unless Yoono is prohibited from informing the Customer). Yoono will not be required to comply with any unlawful instruction (in whole or in part);
2.1.2 ensure that any employee or contractor engaged by Yoono is subject to confidentiality undertakings or professional or statutory obligations of confidentiality;
2.2 The Customer instructs Yoono (and authorises Yoono to instruct each Subprocessor) to Process Customer Personal Data, including to transfer Customer Personal Data, subject always to complying with the terms of this DPA, as reasonably necessary to provide the Services and consistent with the Terms and Conditions.
2.3 Appendix 2 to sets out certain information regarding the Processing of the Customer Personal Data pursuant to the Terms and Conditions.
3. Technical and organisational measures
3.1 Yoono will implement and maintain appropriate technical and organisational measures in relation to the processing of Customer Personal Data.
3.2 Yoono reserves the right to unilaterally change the security measures provided that such change continues to offer a materially similar level of protection for Customer Personal Data.
4. Data protection impact assessments and prior consultations
Yoono will provide reasonable assistance to the Customer, at the Customer’s cost, with any data protection impact assessments and prior consultations with Supervisory Authorities which Customer demonstrates are required by Data Protection Law, in each case taking into account the information available to Yoono and Yoono’s role as a Processor.
5. Personal Data Breach
5.1 Yoono will notify the Customer without undue delay upon Yoono becoming aware of a Personal Data Breach. In such event, Yoono will:
5.1.1 provide the Customer with sufficient information (as is available) to allow the Customer to meet any obligations to assess and report a Personal Data Breach under the Data Protection Laws, which may be provided in stages as information becomes available to Yoono;
5.1.2 take reasonable steps to address and minimise the impact of the Personal Data Breach.
5.2 Yoono’s notification of or response to a Personal Data Breach under this paragraph 5 will not be construed as an acknowledgement by Yoono of any fault or liability with respect to the Personal Data Breach.
6. Data Subject requests
6.1 Yoono will:
6.1.1 notify the Customer if it receives a request from a Data Subject under any Data Protection Law in respect of Customer Personal Data which clearly relates to the Customer and seek to redirect the Data Subject to issue such a request to the Customer in their capacity as Controller; and
6.1.2 taking into account Yoono’s role as a Processor, implement technical and organisational measures to support the Customer in responding effectively to relevant requests from Data Subjects; and
6.1.3 on request by the Customer, co-operate with the Customer, at the Customer’s cost, to ensure the Customer can respond to such request in accordance with Data Protection Laws.
7. Subprocessors
7.1 The Customer hereby authorises Yoono to engage the Subprocessors listed at www.yoono.ai/sub-processors and any Yoono affiliates from time to time. For each Subprocessor, Yoono shall:
7.1.1 include terms in the contract between Yoono and each Subprocessor which comply with Data Protection Laws; and
7.1.2 remain fully liable to the Customer for any act or omission of its Subprocessor by the limits of liability set out in the Terms and Conditions.
8. Deletion and return of Personal Data
8.1 Yoono will, on the Customer’s request and in any event within a reasonable period following the termination of the Terms and Conditions:
8.1.1 at the Customer’s cost, assist in or facilitate the return/retrieval of a copy of Customer Personal Data Processed by Yoono on the date of termination of the Terms and Conditions; and/or
8.1.2 delete all other copies of Customer Personal Data Processed.
8.2 Yoono (and any Subprocessor) may retain Customer Personal Data to the extent and for such period as required by applicable law provided that Yoono will continue to ensure the confidentiality of all such Customer Personal Data.
9. Audit
Yoono will make available to the Customer, on request, reasonable information necessary to demonstrate compliance with this DPA. In the first instance, this shall be the provision of standardised documentation. To the extent Customer’s audit requirements under the Data Protection Law cannot reasonably be satisfied with the provision of this information, Yoono and will allow for audits of documents which expressly relate to compliance with Data Protection Law.
10. Restricted Transfers
Yoono will ensure that any Restricted Transfer of Customer Personal Data is undertaken in compliance with Data Protection Laws applicable to Yoono considering its role as a Processor, including by putting in place appropriate modules of the SCCs and undertaking transfer impact assessments for any such transfers (if required by Data Protection Laws). On this basis, Yoono is permitted by the Customer to transfer Customer Personal Data to such countries as necessary to provide the Services.
11. Responsibilities of the Customer
11.1 The Customer is responsible for ensuring that the processing activities relating to the Customer Personal Data, as specified in the Terms and Conditions and DPA, are lawful, fair and transparent in relation to the Data Subjects. In particular, the Customer will take all steps necessary, including without limitation, providing appropriate fair processing notices to Data Subjects and ensuring that there is a lawful basis for Yoono (and any Subprocessor) to process the Personal Data as part of the Services.
11.2 The Customer warrants that all disclosure of Personal Data to Yoono (and Processing on behalf of the Customer in accordance with Customer’s instructions) will be in accordance with Data Protection Laws.
11.3 The Customer shall be exclusively responsible for taking any decision in respect of a Data Subject based on the Information (including but not limited to taking any decisions relating to the entering into, or performance of, a contract between the Data Subject and the Customer) in accordance with Data Protection Law.
11.4 The Customer shall indemnify, keep indemnified and hold harmless Yoono (where applicable) in respect of all losses suffered or incurred by, awarded against, agreed to be paid by, or imposed upon (including, without limitation, an administrative fine imposed on Yoono), Yoono arising from or in connection with: (i) any breach by the Customer of any of its obligations under: (a) this DPA; (b) any data protection, confidentiality or security provisions of the Terms and Conditions; or (c) any applicable Data Protection Laws.
Appendix 2 – Customer Personal Data.
This Appendix 2 includes certain details of the Processing of Customer Personal Data as required by Data Protection Law.
Subject matter and duration of the Processing of the Personal Data
The subject matter and duration of the Processing of the Customer Personal Data are set out in the Terms and Conditions.
The nature and purpose of the Processing of the Personal Data
The nature and purpose of Processing of Customer Personal Data is to enable Yoono to provide the Services to the Customer, including in particular the generation of Reports by the Product as part of the Services. The generation of Reports involves the surfacing of information on a Report subject (see ‘types of Personal Data’ below) from a variety of publicly available sources (subject to further instruction by the Customer as to the types of sources and information to be used) and using AI models to compile that information into a Report, which also includes AI-generated summaries of the surfaced information.
The types of the Personal Data to be Processed
The types of Personal Data processed in connection with the Terms and Conditions will depend on the Customer's configuration of the Services but may include:
(a) An individual's name.
(b) Information as is found on a CV including contact information, job history and educational records.
(c) Images taken from the internet (media) and social media (public profiles only) which are flagged with potentially concerning themes (e.g., drugs or alcohol).
(d) Words for review which flag potentially concerning themes within articles e.g., the individual was part of a scam, was jailed for burglary and/or was reported to the RSPCA for animal cruelty.
(e) A word cloud of common phrases discovered about the named individual e.g., cheating, soldier, Russian, caught, thug.
(f) The results of politically exposed persons (“PEPs”) and sanctions checks.
(g) A summary of the individual’s social media accounts with links to the various accounts (e.g., X, Facebook, Instagram and LinkedIn).
(h) Screen shots of social media posts which can be viewed on a yearly basis up to 2002.
(i) A summary of education records (flagging any potential inaccuracies versus the information provided on the candidate’s CV) and skills/endorsements.
(j) Search results for records held by Companies House (persons of significant control, associated companies, formations and directorships).
(k) Search records associated with professional bodies (e.g., the Financial Conduct Authority).
(l) People that the AI model deems the individual to be associated with and the ability then to generate reports on such people.
(m) Bankruptcy and court order searches.
(n) Media mentions or websites where the individual’s name appears.
(o) Any mention of the individual in website takedown notices.
The categories of Data Subject to whom the Personal Data relates
Applicants or employees of the Customer and any other Data Subject to which the Customer requests that the Services be applied in relation to.