Privacy Policy for Yotascale Cloud Cost Management

This Privacy Policy is to help you understand what information Yotascale Inc., a Delaware corporation with a principal office at 228 Hamilton Avenue, Third Floor, Palo Alto, California, 94301 (“Yotascale,” “we,” “us,” “our”) and you, as a user (“you” or “your”) may collect, use, share with respect to your use of Yotascale Cloud Cost Management (the “Products and Services” including website domains).

It is important that you carefully read and understand the terms and conditions of this Policy. By accessing our Products and Services, you are providing your consent to our collection, use and disclosure of information about you as described in this Policy. BY ACCESSING THE PRODUCTS AND SERVICES YOU ARE CONSENTING TO THIS PRIVACY POLICY.

Please note that this Policy contains disclaimers of warranties and limitations on liability that may be applicable to you.

1. Right to Change Terms

We reserve the right at any time, with or without cause, to (a) change the terms and conditions of this Policy; Any changes we make will be effective immediately upon our making such changes available on our Products and Services, with or without additional notice to you. You agree that your continued use of our Products and Services after such changes constitutes your acceptance of such changes. You hereby acknowledge that you have carefully read all of the terms and conditions of our Privacy Policy and agree to all such terms and conditions. This Privacy Policy can be access at www.yotascale.com/privacy and is publicly available. YOUR CONTINUED USE OF OUR PRODUCTS AND SERVICES AFTER SUCH POSTING MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED PRIVACY POLICY.

2. Personal Information

In this Policy, our use of the term “personal information” includes other similar terms under applicable privacy law such as “personal data” and “personally identifiable information.” In general, personal information includes any information that identifies, relates to, describes, or is reasonably capable of being associated, or reasonably linked or linkable with a particular individual.

3. Collections and Use of Information

Yotascale collects information that you provide us directly or automatically when using our Products and Services. This information may include data collected about your name, email, location, activity and Products and Services usage. We may use the information for purposes such as to: provide our Products and Services functionality, improve the quality of our Products and Services, personalize your experience, track usage of our Products and Services, provide feedback to businesses and professionals whose products or services are listed on our Products and Services, provide customer support, message you (in ways described by this privacy policy and managed by you in your account settings), back up Products and Services systems and allow for disaster recovery, enhance the security of our Products and Services, fulfill transactions authorized by you on our Products and Services, and comply with legal obligations.

4. Legal Bases for Processing Your Data

Pursuant to the California Consumer Privacy Act (CCPA), EU General Data Protection Regulation (GDPR) (and other relevant laws such as the UK Data Protection Act 2018), in general, we process your personal information for the following legal bases:

  1. Performance of our contract with you.
  2. To comply with a legal obligation to which Company Name is subject.
  3. For our legitimate business interests.
  4. With your consent.
5. Purposes of Use and Processing

While the purposes for which we may process personal information will vary depending upon the circumstances, in general, we use personal information for the business and commercial purposes set forth below:

  1. Providing our Services and related support.
  2. Protecting the integrity of the Services.
  3. Analyzing and improving the Services and our business.
  4. Personalizing the Services.
  5. Advertising, marketing, and promotional purposes.
  6. Securing and protecting our business.
  7. Defending our legal rights.
  8. Auditing, reporting, corporate governance.
  9. Complying with legal obligations.
6. Investigations

Yotascale may investigate and disclose information from or about you, as permitted by applicable law, if we have a good faith belief that such investigation or disclosure is (a) reasonably necessary to comply with legal process and law enforcement instructions and orders, such as a search warrant, subpoena, statute, judicial proceedings, or other legal process served on us; (b) helpful to prevent, investigate, or identify possible wrongdoing in connection with the Products and Services; or (c) helpful to protect our rights, reputation, property, or that of our users, subsidiaries, or the public.

7. Vendors and Service Providers

We may engage vendors, agents, service providers, and affiliated entities to provide services to us or to Users on our behalf, such as support for the internal operations of our Services, online stores (including payment processors), products and services (e.g., forum operations, and technical support processing), as well as related offline product support services, data storage and other services. In providing their services, they may access, receive, maintain, or otherwise process personal information on our behalf. Our contracts with these service providers do not permit use of your personal information for their own marketing and other purposes. These disclosures are generally made under terms comparable to this Policy, and the recipients are limited to using the information the purpose for which it was provided. We may disclose automatically collected and other aggregate non-personally identifiable information with interested third parties, to assist such parties in understanding the usage, viewing, and demographic patterns for certain programs, content, services, advertisements, promotions, and/or functionality on our Service.

8. Business Transfers

If Yotascale is acquired by or merged with another entity, if substantially all of our assts are transferred to another company, or as part of a bankruptcy proceeding, Yotascale may transfer the information we have collected about you to the other company.

9. Registration

Access to certain functionalities of our Product and Services will required you to register with and/or provide certain information to Yotascale. We reserve the right to decline to provide access to our Products and Services or Information to any person for any or no reason. If and when you register with or provide information to Yotascale, you agree to (a) provide accurate, current and complete information about yourself, your business or service as a part of your account, as prompted (including your email address) and (b) maintain and update your information provide by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate this Agreement and your use of our Products and Services, account, and/or Information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password.

10. Cookies and Other Tracking Technologies

Yotascale, and third parties we interact with, including our third-party service providers, use cookies, web beacons, local shared objects (sometimes called flash cookies), and similar technology in connect with your use of our Products and Services and third-party websites (collectively referred to in this policy as “Cookies”). Cookies are small data files that may have unique identifiers, and reside, among other places, on your computer or mobile device, in emails we send to you, and on our Products and Services. We may use Cookies to transmit information about you and your use of our Products and Services, such as your browser type, search preferences, data relating to advertisements that have been displayed to you or that you have clicked on, and the date and time of your use. When we use Cookies, we do so in order to further Products and Services features and processes, provide authentication and security for your transactions on our Products and Services, store your preferences, facilitate relevant advertising, and help Yotascale learn more about how users engage with our Products and Services. Our Cookies may be persistent or stored only during an individual session.

When you visit our website, cookies and similar technologies may be used by our online data partners or vendors to associate these activities with other personal information they or others have about you, including by association with your email address. We (or service providers on our behalf) may then send communications and marketing to these email addresses. You may opt out of receiving this advertising by visiting https://app.retention.com/optout

11. Account Termination and Data Retention

You can close your Yotascale account at any time. When you close your account, you will cease to provide ongoing or future data to Products and Services. Your private contact details, such as your full name, email, & password will not be maintained. However, your data collected about your location, activity, and usage may be maintained and kept in an anonymized and deidentified format to improve the Products and Services functionality. Unless prohibited by applicable law, public postings or comments you provided to the forum associated with your public profile prior to closing your account, will remain public. We may retain information about you for the purposes authorized under this Policy unless prohibited by law.

12. Information Security and Accuracy

Yotascale intends to protect your personal information and to maintain its accuracy. We implement reasonable physical, administrative, and technical safeguards to help us protect your personal information from unauthorized access, use and disclosure. For example, we encrypt certain sensitive personal information such as credit card information when we transmit such information over the Internet. We also require that our suppliers protect such information from unauthorized access, use and disclosure.

Please send any questions to security@yotascale.com.

13. Data Storage

Any information you provide through our Products and Services may be transferred over secure communication lines using HTTPS to, stored in, or processed on Amazon Web Services cloud in accordance with their data privacy two white papers that maybe accessed here: https://d1.awsstatic.com/whitepapers/compliance/Using_AWS_in_the_context_of_Common_Privacy_and_Data_Protection_Considerations.pdf and https://d1.awsstatic.com/whitepapers/preparing-california-consumer-privacy-act.pdf.

14. Links to Other Sites

Our Products and Services contain links to other sites that not controlled by Yotascale. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our Products and Services and read the privacy of each and every site you visit. This privacy policy applies only to Information collected by Products and Services.

15. No Use by Children

You hereby affirm that you are over the age of 16, as these Products and Services are not intended for children under 16. If you are under 16 years of age, then you may not use our Products and Services. You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set for in this Agreement, and to abide by and comply with this Policy.

16. California

This section applies only to California consumers. It describes how we collect, use, and share California consumers’ Personal Information in our role as a business, and the rights applicable to such residents. If you are unable to access this Privacy Policy due to a disability or any physical or mental impairment, please contact us and we will arrange to supply you with the information you need in an alternative format that you can access. For purposes of this section “Personal Information” has the meaning given in the California Consumer Privacy Act (“CCPA”).   We might collect the following statutory categories of Personal Information:

  1. Personal Information: Your personal information includes all the data you provide us when you sign up for an account or enroll in our services, including your name, email address, telephone number. If you make a payment for services, your card information is not held by us, it is collected by our third-party payment processors, who specialize in the secure online capture and processing of card transactions.
  2. Geolocation data, such as IP address. We collect this information from your device.
  3. Inferences.
  4. Other personal information, in instances when you interact with us online, by phone or mail in the context of receiving help through our help desks or other support channels; participation in customer surveys or contests; or in providing the Service.

As a California Resident, you have certain rights regarding the Personal Information we collect or maintain about you. Please note these rights are not absolute, and there may be cases when we decline your request as permitted by law.

  1. The right of access means that you have the right to request that we disclose what Personal Information we have collected used and disclosed about you in the past 12 months.
  2. The right of deletion means that you have the right to request that we delete Personal Information collected or maintained by us, subject to certain exceptions.
  3. The right to non-discrimination means that you will not receive any discriminatory treatment when you exercise one of your privacy rights.

As a California Resident, you can exercise your rights yourself or you can alternatively designate an authorized agent to exercise these rights on your behalf. Please note that to protect your Personal Information, we will verify your identity by a method appropriate to the type of request you are making. We may also request that your authorized agent have written permission from you to make requests on your behalf, and we may also need to verify your authorized agent’s identity to protect your Personal Information.  Please use the contact details above if you would like to:

  1. Access this policy in an alternative format,
  2. Exercise your rights,
  3. Learn more about your rights or our privacy practices, or
  4. Designate an authorized agent to make a request on your behalf.

Please contact us using the information set out below, in Section 18, Privacy Inquires and Correcting Your Information, if you wish to exercise any of your rights or if you have any enquiries or complaints regarding the processing of your personal information by us.

17. European Union, UK and similar jurisdictions

Subject to the conditions set out in the applicable law, Users in in the European Union/European Economic Area, and the United Kingdom ( as well as in other jurisdictions where similar rights apply) have the following rights regards our processing of their personal information:

  1. Right of access: If you ask us, we will confirm whether we are processing your personal information and, if necessary, provide you with a copy of that personal information (along with certain other details).
  2. Right to correction (rectification): If the personal information we hold about you is inaccurate or incomplete, you are entitled to request to have it corrected. If you are entitled to have information corrected and if we have shared your personal information with others, we will let them know about the rectification where possible.
  3. Right to erasure: You can ask us to delete your personal information in some circumstances, such as where we no longer need it or if you withdraw your consent (where applicable). If you request that we delete your personal information, we may do so by deleting your account(s) with us.
  4. Right to restrict (block) processing: You can ask us to restrict the processing of your personal information in certain circumstances, such as where you contest the accuracy of that personal information, or you object to our use or stated legal basis.
  5. Right to data portability: You have the right, in certain circumstances, to receive a copy of personal information we have obtained from you in a structured, commonly used, and machine-readable format, and to reuse it elsewhere or to ask us to transfer this to a third party of your choice.
  6. Right to object: Where our processing is based on our legitimate interests, we must stop such processing unless we have compelling legitimate grounds that override your interest or where we need to process it for the establishment, exercise, or defense of legal claims. Where we are relying on our legitimate interests, we believe that we have a compelling interest in such processing, but we will individually review each request and related circumstances.
  7. Right to object to marketing: You can ask us to stop processing your personal information to the extent we do so based on our legitimate interests for marketing purposes. If you do so, we will stop such processing for our marketing purposes.
  8. Right not to be subject to automated decision-making: You have the right not to be subject to a decision when it is based on automatic processing if it produces a legal effect or similarly significantly affects you unless it is necessary for entering into or performing a contract between us. Company Name does not engage in automated decision-making.
  9. Right to withdraw your consent: In the event your personal information is processed based on your consent, you have the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.
  10. Right to lodge a complaint: You also have the right to lodge a complaint with a supervisory authority if you consider that our processing of your personal information infringes the law.

Please note that some of these rights may be limited, such as where we have an overriding interest or legal obligation to continue to process the data. Please contact us using the information set out below, in Section 18. Privacy Inquires and Correcting Your Information, if you wish to exercise any of your rights or if you have any enquiries or complaints regarding the processing of your personal information by us.

18. Privacy Inquires and Correcting Your Information

If you would like to review, correct, update, delete or otherwise limit Yotascale’s use of your personal information that was previously provided to Yotascale, you may contact Yotascale at legal@yotascale.com We will comply with your request as much as is practicable and as required by any relevant laws.

19. Notice

By use of our Products and Services, you consent to receive electronic communications from Yotascale. You also agree that any such communications satisfy any legal requirement to make such communications in writing under this Policy or under any applicable laws or regulations. Specifically, we may provide notice to you by sending an email to the address that you provided as part of your registration for our Products and Services. Any notice to Yotascale will be provided by both (a) sending an email to legal@yotascale.com; and (b) providing a copy by certified mail, return receipt requested to:

Yotascale Inc.
228 Hamilton Ave, 3rd Floor
Palo Alto, CA 94301

20. Governing Law & Venue

This Policy shall be governed in all respects by the laws of the United States of America and by the laws of the State of Texas. The courts of Harris County, Texas shall be the exclusive forum for any mediation, arbitration, litigation or dispute resolution.

21. Enforceability

If any provision of this Policy is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Policy and shall not affect the validity and enforceability of any remaining provisions.

22. Entire Agreement

This Policy, along with the Terms of Use (available at www.yotascale.com/terms-and-conditions), constitute the entire terms with respect to the relationship between Yotascale and you and supersedes all prior agreements, whether written or oral, concerning such relationship. This Policy may not be changed, waived or modified except by Yotascale as provided herein or otherwise by written instrument signed by Yotascale.

Effective June 1, 2021.
Last modified as of May 22nd, 2023.