Acceptance of the Terms and Conditions

Y Innovations (herein referred to as the “Company,” “we,” “us” or “our”) provides and makes available this web site (the “Web Site”). All use of the Web Site is subject to the terms and conditions contained in this Terms of Use Agreement (the “Agreement”). Please read this Agreement carefully. By accessing, browsing or otherwise using the Web Site, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not accept the terms and conditions of this Agreement, you shall not access, browse or use the Web Site.

You understand and agree that we may change this Agreement at any time without prior notice. You may read a current, effective copy of this Agreement at any time by selecting the “Terms of Use” link on the Web Site. The revised terms and conditions will become effective at the time of posting. Any use of the Web Site after such date shall constitute your acceptance of such revised terms and conditions. If any change to this Agreement is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Web Site.

Your access to and use of the Web Site is also subject to the Company’s Privacy Policy (located elsewhere on this Web Site), which is hereby incorporated herein by reference.

Intellectual Property Rights

This Web Site contains material, including but not limited to features, functionality, software, text, audio, graphics and images, and the design, selection and arrangement thereof (collectively referred to as the “Content”). We may own the Content or portions of the Content may be made available to us through arrangements that we have with third parties.

The Content is protected by United States and foreign intellectual property laws. We grant you a personal, non-exclusive, and non-transferable right to access and use the Web Site solely in accordance with this Agreement. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy or display the Content except as permitted under this Agreement. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other web site or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the Content and Web Site shall automatically terminate and you shall immediately destroy any copies you have made of the Content.

Trademarks

The trademarks, service marks, and logos of the Company (the “Company Trademarks”) used and displayed on this Web Site are registered and unregistered trademarks or service marks of the Company. Other company, product, and service names located on the Web Site may be trademarks or service marks owned by third parties (the “Third-Party Trademarks”, and, collectively with the Company Trademarks, the “Trademarks”). Nothing on this Web Site or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Web Site without the prior written consent of the Company specific for each such use. The Trademarks may not be used to disparage the Company or the applicable third-party, the Company’s or third party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any web site is prohibited without the Company’s prior written consent. All goodwill generated from the use of any Company Trademark shall inure to the Company’s benefit.

Certain elements of the Web Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors, except as otherwise expressly permitted by this Agreement. None of the Content for this Web Site may be retransmitted without the express written consent from the Company for each and every instance.

Prohibited Uses

Your use of the Web Site is subject to applicable law and the terms of this Agreement. You agree not to:

1. take any action that imposes an unreasonable load on the Web Site’s infrastructure,
2. use any device, software or routine to interfere or attempt to interfere with the proper working of the Web Site or any activity being conducted on the Web Site,
3. attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Web Site,
4. delete or alter any material posted on the Web Site by the Company or any other person or entity,
5. frame or link to any of the materials or information available on the Web Site,
6. use the Web Site in a way that violates any applicable laws or regulations (including without limitation any laws relating to data or software exports to or from the United States and other countries),
7. use any automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website,
8. introduce any viruses, Trojan horses, worms, or other malicious or harmful material, or
9. send or otherwise transmit any unlawful, infringing, harmful, harassing, defamatory, threatening, obscene, offensive, hateful, or otherwise objectionable material of any kind, or any kind of unsolicited advertising, solicitation or promotional materials.

Links to External Sites

The Web Site contains links to third-party web sites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites.

We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. Such links to External Sites do not imply Y Innovations endorsement of material on any other site, and Y Innovations disclaims all liability with regard to your access of External Sites. You should take precautions when downloading files from all web sites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk.

Reliance on Web Site and Updates

Y Innovations may periodically make improvements and/or changes to the Web Site at any time. Although we attempt to periodically update information on the Web Site, the information, materials and services provided on or through the Web Site may occasionally be inaccurate, incomplete or out of date. Y Innovations does not have a duty to update information contained in this Web Site, and Y Innovations will not be liable for any failure to update such information. We make no representation as to the completeness, accuracy or currentness of any information on this Web Site, and we undertake no obligation to update or revise the information contained on this Web Site, whether as a result of new information, future events or circumstances or otherwise. It is your responsibility to verify any information contained in this Web Site before relying upon it.

Limitation of Liability and Disclaimer of Warranties

THE COMPANY, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, CONTRACTORS, OR LICENSORS (COLLECTIVELY, THE “COMPANY PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE COMPANY PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE WEB SITE AND THE CONTENT AT YOUR OWN RISK.

THE COMPANY PARTIES DO NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE WEB SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO COMPANY PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.

THE WEB SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

IN NO EVENT SHALL ANY COMPANY PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE ACCESS, USE OR INABILITY TO USE THE WEB SITE AND THE CONTENT, OR ANY ERRORS OR OMISSIONS IN THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, THE LIABILITY OF THE COMPANY PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company Parties from and against any claims, liabilities, damages, judgements, awards, losses, costs, expenses, fees, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from or relating to your breach of this Agreement or your access to, use or misuse of the Content or Web Site. The Company shall provide notice to you of any such claim, suit, or proceeding. The Company reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting the Company’s defense of such matter.

Termination of the Agreement

The Company reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Web Site or the Content at any time and for any reason without prior notice or liability. The Company reserves the right to change, suspend, or discontinue all or any part of the Web Site or the Content at any time without prior notice or liability.

Sections 2 (Use of the Web Site), 3 (Limitation of Liability and Warranty), 4 (Indemnification), 5 (Termination of Agreement), and 8 (Miscellaneous) shall survive the termination of this Agreement.

User Must Comply with Applicable Laws

This Web Site is based in Cambridge, MA. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Web Site or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.

U.S. Government Restricted Rights

The Content is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Use of the Web Site or Content by the Government constitutes acknowledgement of our proprietary rights in the Web Site and Content.

Miscellaneous

This Agreement is governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the City of Cambridge in the Commonwealth of Massachusetts. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Failure of the Company to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against the Company unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by the Company and you, this Agreement constitutes the entire Agreement between you and the Company with respect to the subject matter, and supercedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees. Any information submitted or provided by you to the Web Site might be publicly accessible. Important and private information should be protected by you. The Company is not liable for protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use.

Contact Information

How to contact us: info@y-innovations.com

Our Policy

Welcome to the web site (the “Site”) of Y Innovations Group (“Y Innovations”, “we”, “us” and/or “our”). This Site is operated by Y Innovations and has been created to provide information about our company to our visitors (“you”, “your”). This Privacy Policy (the “Policy”) sets forth Y Innovations practices with respect to information including personally identifiable data (“Personal Data”) and other information that is collected from visitors to the Site.

By using the Site, you are acknowledging that you have reviewed and understand the privacy practices described in this Policy. This Site is intended for use only in the United States. If you use the Site, you acknowledge and agree that your Personal Data may be transferred from your current location to the offices and servers of Y Innovations and the authorized third parties referred to herein located in the United States.

Personal Data We Collect

When you use the Site, we may collect and process information about you. In the twelve months preceding the effective date of this Privacy Policy, we have collected the following categories of Personal Data:

• Identifiers, such as your name, address, email address and telephone numbers;
• Professional or employment information, such as your job title, specialty, educational and professional history, institutional affiliations and place of work;
• Employment-related information, such as information required to administer an employment relationship with us;
• Internet or other similar network activity information, such as your internet protocol (IP) address, login data, unique device identifiers, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, mobile device carrier and other technology on the devices you use to access the Site; as well as usage information, such as information about how you use the Site and our products and services, referring/exit web pages, date/time stamps, error logs, and the frequency of your use of the Site;
• Marketing information, such as your preferences in receiving marketing communications from us, and communications that we exchange with you, including when you contact us with questions, feedback, or otherwise; and
• Other information that we may collect which is not specifically listed here, but which we will use in accordance with this Privacy Policy or as otherwise disclosed at the time of collection.

Information We May Obtain

• Social media information: We may maintain pages on social media platforms, such as LinkedIn. When you visit or interact with our pages on those platforms, you or the platforms may provide us with information through the platform.
• Other sources: We may obtain your personal information from other third parties, such as marketing partners, data providers, and publicly-available sources.

How We Collect Personal Data

We may collect Personal Data directly from you, as described below. This Site does not collect anything from you automatically.

• Personal Data that you provide: We collect Personal Data when you voluntarily give it to us — for example when you write to us with an inquiry, or apply for a role. Wherever we collect Personal Data we make an effort to provide a link to this Privacy Policy.
• The forms on this Site do not transmit anything to us. When you use the contact or newsletter form, the Site composes a message in your own email application, addressed to us, and pre-fills what you typed. Nothing is sent to us unless you send it, and no form data reaches any server as a result of your filling the form in. If your device has no email application configured, nothing is sent at all — in that case please write to us directly at the address shown on the form.
• Nothing is collected automatically by the Site: The Site sets no cookies, uses no local or session storage, runs no analytics or tracking service, and builds no profile of you. See the Cookie Policy below.
• Hosting records: Like any website, this Site is delivered by a hosting provider, and that provider keeps standard server access logs — typically the requesting IP address, the browser user-agent, the page requested, and the time — for security, abuse prevention, and reliability. Those records are held by the provider under its own retention practices. We do not use them to identify or track individual visitors.
• “Do not track” signals: Because the Site performs no tracking, there is nothing for a “do not track” browser signal to switch off.

Cookie Policy

Does this Site use cookies? No. This Site sets no cookies, first-party or third-party. It also does not use local storage, session storage, or any equivalent technology to keep information on your device. Nothing you do here is written to your browser or retained between visits.

Does this Site use analytics or tracking? No. We run no analytics, advertising, or visitor-tracking service on this Site, and we do not build profiles of visitors. If we introduce one, we will update this policy before doing so.

Does this Site contact any third party? One, and only for typography. The Site loads its typefaces from Google Fonts, so your browser requests those font files from Google’s servers. That request discloses your IP address and browser user-agent to Google and is governed by Google’s own privacy policy; we receive no data from it and it places no cookie on this Site. No other third-party service is contacted, and the Site loads no third-party scripts.

The Innovation Portal is different. Our client portal is a separate, password-protected application at portal.y-innovations.com. Because it has to keep you signed in, it does set essential session cookies. Those cookies exist only to maintain your authenticated session and to keep it secure; they are not used for analytics, advertising, or tracking, and the portal is available only to clients we have provisioned an account for.

Our Use of Your Personal Data and Other Information

Y Innovations uses the Personal Data for various business purposes and in a manner that is consistent with this Privacy Policy. If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. For instance, if you contact us by email, we will use the Personal Data you provide to answer your question or resolve your problem. Also, if you provide Personal Data in order to obtain access to certain features, we will use your Personal Data to provide you with access to such features and to monitor your use of such features. Any of the Personal Data you provide may be used as set forth below:

• To respond to your questions or resolve your problems;
• To provide you with access to certain features;
• To communicate with you about our products, services, and related issues;
• To conduct internal or statistical analysis, market research, and marketing activities;
• To protect our rights and interests;
• To ensure the security of our Site, assets, systems, and networks, or to prevent, detect, and investigate fraud, unlawful or criminal activities;
• To enforce our terms and conditions; and
• For compliance and protection: We may use personal information to comply with legal obligations, and to defend us against legal claims or disputes, including to:
  • protect our, your or others’ rights, privacy, safety, or property (including by making and defending legal claims);
  • audit our internal processes for compliance with legal and contractual requirements and internal policies;
  • enforce the terms and conditions that govern the services;
  • prevent, identify, investigate, and deter fraudulent, harmful, unauthorized, unethical, or illegal activity, including cyberattacks and identity theft; and
  • comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.

If Y Innovations intends on using any Personal Data in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time at which the Personal Data is collected.

Our Disclosure of Your Personal Data and Other Information

Y Innovations is not in the business of selling your information. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Data with certain third parties without further notice to you, as set forth below:

• Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.
• Related Companies: We may also share your Personal Data with our subsidiaries and affiliates for purposes consistent with this Privacy Policy.
• Agents, Consultants and Related Third Parties And Service Providers: Y Innovations, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases and processing payments. When we employ another entity to perform a function of this nature, we only provide them with the information that they need to perform their specific function.
• Legal Requirements: Y Innovations may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of Y Innovations, (iii) act in urgent circumstances to protect the personal safety of our users or the public, or (iv) protect against legal liability.

Privacy Rights and Choices

Opt out of direct marketing communications: You may opt out of marketing-related communications by following the opt-out or unsubscribe instructions contained in the marketing communication (if any) we send you. You may continue to receive service-related and other non-marketing communications.

Privacy rights requests: We also offer you choices that affect how we handle the personal information that we control. Depending on your location and the nature of your interactions with our services, you may request the following in relation to personal information:

• Information about how we have collected and used personal information. We have made this information available to you without having to request it by including it in this Privacy Policy.
• Access to a copy of the personal information that we have collected about you. Where applicable, we will provide the information in a portable, machine-readable, readily usable format.
• Correction of personal information that is inaccurate or out of date.
• Deletion of personal information that we no longer need to provide the services or for other lawful purposes.
• Additional rights, such as to object to and request that we restrict our use of personal information.
• Appeal our denial of your privacy request by contacting us as set out below.

To make a request, please email us or write to us as provided in the How to Contact Us section below. We may ask for specific information from you to help us confirm your identity. Depending on where you reside, you may be entitled to empower an “authorized agent” to submit requests on your behalf. We will require authorized agents to confirm their identity and authority, in accordance with applicable laws. You are entitled to exercise the rights described above free from discrimination.

Limits on your privacy rights and choices: In some instances, your choices may be limited, such as where fulfilling your request would impair the rights of others, our ability to provide a service you have requested, or our ability to comply with our legal obligations and enforce our legal rights. If you are not satisfied with how we address your request, you may submit a complaint by contacting us as provided in the How to Contact Us section below. Depending on where you reside, such as if you reside in the European Economic Area or United Kingdom, you may have the right to complain to a data protection regulator where you live or work, or where you feel a violation has occurred.

Children

Y Innovations does not knowingly collect Personal Data from children under the age of 16. If you are under the age of 16, please do not submit any Personal Data to us. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Data to us without their permission. If you have reason to believe that a child under the age of 16 has provided Personal Data to Y Innovations, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Web Sites

This Privacy Policy applies only to our Site. Our Site may contain links to other web sites not operated or controlled by Y Innovations (the “Third Party Sites”). The policies and procedures we described here do not apply to the Third Party Sites. The links from our Site do not imply that Y Innovations endorses or has reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.

Retention of Personal Information

Where required under applicable laws, we retain personal information only for as long as is necessary to fulfill the purposes for which it was collected and processed, in accordance with our retention policies, and in accordance with applicable laws and regulatory obligations or until you withdraw your consent (where applicable). To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of personal information, the purposes for which we use personal information and whether we can achieve those purposes through other means, and the applicable legal and regulatory requirements.

Security

Y Innovations takes reasonable steps to protect the Personal Data from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or email transmission is ever fully secure or error free. In particular, email sent to or from us may not be secure. Therefore, you should take special care in deciding what information you send to us via email. Please keep this in mind when disclosing any Personal Data to Y Innovations via the Internet.

Job Applicants

When you apply for one of our open positions, we collect the information that you provide in connection with your job application. This includes name, contact information, professional credentials and skills, educational and work history, and other information that may be included in a resume or provided during interviews (which may be recorded). This may also include demographic or diversity information that you voluntarily provide. We may also conduct background checks and receive related information. We use applicants’ information to facilitate our recruitment activities and process employment applications, including evaluating candidates and monitoring recruitment statistics. We also use successful applicants’ information to administer the employment relationship. We may also use and disclose applicants’ information to improve our website and for the compliance and protection purposes described above.

Other Terms and Conditions

Your access to and use of the Site is subject to the Terms of Use.

Governing Law

This Privacy Policy and any dispute arising out of or relating to it or to your use of the Site are governed by the internal substantive laws of the Commonwealth of Massachusetts, United States, without regard to its conflict of laws provisions. You agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the Commonwealth of Massachusetts. This is the same governing law and venue as the Terms of Use.

The Site is operated from the United States. If you access it from outside the United States, you do so on your own initiative and are responsible for compliance with local law. Where the law of your own jurisdiction grants you data protection rights that cannot be waived by agreement, nothing in this section is intended to remove them.

Changes to Y Innovations Privacy Policy

Our business may change from time to time. As a result, at times it may be necessary for Y Innovations to make changes to this Privacy Policy. Y Innovations reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated above. Your continued use of the Site after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.

Update Your Information; Contacting Y Innovations

To keep your Personal Data accurate, current, and complete, please contact us as specified below. We will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted to us.

Please also feel free to contact us if you have any questions about Y Innovations Privacy Policy or our information practices. You may contact us as follows: info@y-innovations.com