YAWOA FOUNDATION
YAWOA FOUNDATION
TERMS OF USE
1. INTRODUCTION
Yawoa Foundation ("we," "our," or "us"). We are a pan-African non-profit organization devoted to fostering emerging artists from Africa and its diaspora, by offering them visibility platforms and welfare programs. These Terms constitute a legally binding agreement between you and Us. By accessing or using our website, you agree to be bound by this Terms. If you disagree with any part of this Terms, you must not use our website.
2. NO PROFESSIONAL ADVICE:
The information provided on our website is intended for general informational purposes only and is not meant to serve as legal, financial, or professional advice. This information should not be relied upon as a substitute for consultation with qualified professionals. If you require specific advice regarding your health, legal matters, or other professional concerns, we strongly recommend seeking the guidance of a licensed expert in the relevant field.
3. Accuracy of Information:
We make every effort to ensure the accuracy of the information presented on our website. However, we do not guarantee the completeness, reliability, or accuracy of this information. Any reliance you place on such information is strictly at your own risk.
4. USE OF SERVICES
To use the Services, you must meet the following requirements:
4.1. Age and Legal Capacity enter into must be at least 13 years old and have the legal capacity to enter binding contracts.
4.2. You must provide all requested information accurately and completely. This may include your full name, address, email address, telephone number, means of identification, and any other information or documentation that may be required from time to time to verify your identity.
4.3. By using the Services, you firmly attest and guarantee that you meet the eligibility requirements.
5. INTELLECTUAL PROPERTY
The Services are protected by copyright, trademark, and other laws of the Federal Republic of Nigeria. Nothing in the Terms gives you a right to use the Yawoa Foundation name or any of the Yawoa Foundation trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Yawoa Foundation, or the Services is entirely voluntary, and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
6. DISCLAIMERS AND LIMITATIONS OF LIABILITY
Please read this section carefully since it limits the liability of Yawoa Foundation and its affiliates, related companies, trustees, officers, employees, agents, representatives, partners, and licensors. Each of the subsections below only applies up to the maximum extent permitted under applicable law. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A. Waiver and Severability
The failure of Yawoa Foundation to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
B. Indemnification:
You agree to indemnify and hold Yawoa Foundation and its affiliates, officers, trustees, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys' fees, arising out of or related to your use of our website or violation of this disclaimer.
C. No Warranty:
Our website and its content are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied. We disclaim all warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
D. Limitations
You may end your legal agreement with Yawoa Foundation at any time for any or no reason by deactivating your accounts and discontinuing your use of the Services. You do not need to specifically inform Yawoa Foundation when you stop using the Services. We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or the Yawoa Foundation Rules, (ii) you create risk or possible legal exposure for us, or (iii) our provision of the Services to you is no longer commercially viable.
E. No Guarantees:
We do not guarantee the availability, accuracy, or completeness of the content and services offered on our website. We reserve the right to modify, suspend, or discontinue any aspect of our website at any time without prior notice.
7. Privacy
7.1. We respect your right to privacy. All information that we may collect via the Services is subject to our Privacy Statement. The Privacy Statement is incorporated by reference into these Terms. Yawoa Foundation will collect and process personal and transactional data in accordance with applicable privacy laws and our Privacy Policy.
7.2. Any information that you or other users provide to Us is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as outlined in the Privacy Policy) of this information, including the transfer of this information to the Federal Republic of Nigeria/or other countries for storage, processing and use by Us.
8. External Links:
Our website may contain links to third-party websites or resources. These links are provided solely for your convenience and do not imply endorsement or approval of the linked websites. We have no control over the content or practices of these websites and disclaim any responsibility for them.
9. Governing Law
These Terms and any action related thereto will be governed by the Nigerian laws without regard to or application of its conflict of law provisions or your state of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the Federal or State courts located in the Federal Republic of Nigeria, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are a Federal, State, or Local government entity in Nigeria using the services in your official capacity and legally unable to accept the controlling law, jurisdiction, or venue clauses above, then those clauses do not apply to you. For such government entities, these Terms and any action related thereto will be governed by the laws of the Federal Republic of Nigeria.
10. Changes to these Terms.
We reserve the right to update or modify this disclaimer at any time without prior notice. Any changes will be effective immediately upon posting on our website. Your continued use of our website following the posting of changes constitutes your acceptance of such changes.
11. Contact Information
For questions or concerns about these Terms or our services, please contact us at info@yawoafoundation.org
12. Entire Agreement
These Terms constitute the entire agreement between the parties and supersede all prior agreements and understandings.
By using Our website, you acknowledge that you have read, understood, and agreed to these Terms. If you do not agree with any part of these terms, please refrain from using our website.
YAWOA FOUNDATION
PRIVACY NOTICE
1. Introduction
Welcome to Yawoa Foundation (“we”, “us”, or “our”). We are a pan-African non-profit organization devoted to fostering emerging artists from Africa and its diaspora, by offering them visibility platforms and welfare programs.
This Privacy Notice outlines how we collect, use, and protect your data when you use our services.
By using our website, you consent to the practices described in this Privacy Notice.
Please take a moment to read this policy carefully.
2. Personal Data we collect
We may collect the following information from you:
Contact information: This includes information that can be used to identify you, such as your name, email address, phone number, date of birth and gender. This information is provided by you when you register on our website, sign up for our services, or contact us.
Payment and Financial information: If you make payments through our website, we collect your payment details, such as credit card information or bank account details. This information is securely processed by our payment gateway providers.
Demographic information & interests: Any information that describes your demographic or behavioral characteristics. Examples include your date of birth, age or age range, gender, geographic location (e.g., postcode/zip code), hobbies and interests, and/or lifestyle information. We use such information for improving the quality of our service offerings.
Health Information: When you sign up for our health services, we collect sensitive personal information related to your health, such as medical history, diagnoses, treatment details, and insurance information. This information is treated with the utmost confidentiality and is only accessible to authorized personnel.
Sensitive Personal Data: Where it becomes necessary to process your sensitive personal data for any reason, we rely on your prior express consent for any processing which is voluntary. We may enhance personal information we collect from you with information we obtain from third parties that are entitled to share that information; for example, information from other agencies, search information providers or public sources (e.g., for due Yawoa Foundation diligence purposes), but in each case as permitted by applicable laws.
3. Basis for Processing Personal Data
We or any third party acting on our behalf shall only process your personal data if at least one of these conditions are met:
a) Consent: This refers to any freely given, specific, informed, and unambiguous indication through a statement or a clear affirmative action that signifies your agreement to the processing of your Personal Data by Yawoa Foundation.
b) Contract: Processing is necessary for the performance of a contract or entering a contract at the request of the Data Subject only.
c) Legal obligation: Processing is necessary for compliance with a legal obligation to which We are subject.
d) Vital interest: Processing is necessary to protect the vital interests of the individual or of another natural person.
e) Legitimate interest: Processing is necessary to pursue our legitimate interest.
f) Public interest: Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in Yawoa Foundation.
g) Proper motives: Yawoa Foundation shall not seek consent that may engender direct or indirect propagation of atrocities, hate, child rights violation, criminal acts, and anti-social conducts.
4. How We Use Your Personal Data
To the extent permissible under applicable law, we may use your information for the following legitimate actions:
• Provide and manage our Services: To process your application for services, administer your accounts, provide customer support, and deliver the services you requested.
• Improve our Services: To understand your needs, enhance the website functionality, analyze trends, and improve our overall user experience.
• Communicate with you: To send you important updates, announcements, and other relevant information regarding our Services.
• Fulfill our mission: To support the development of African artists, promote cultural understanding, and address critical social challenges.
• Comply with legal obligations: To comply with applicable laws and regulations, including responding to legal requests or court orders.
5. Children's Privacy
We do not knowingly collect personal information from children under the age of 13. If you are a parent or guardian and you believe your child has provided us with personal information, please contact us. If inadvertent collection occurs, we will promptly take steps to delete such information.
6. Data Security:
To safeguard your personal information against unauthorized access, disclosure, alteration, or destruction, we implement appropriate technical and organizational measures.
While we endeavor to maintain the security of your information, it's important to note that no method of transmission over the internet or electronic storage is entirely secure.
7. Retention of Information:
We retain your personal information for the duration necessary to fulfill the purposes outlined in this Privacy Policy, unless extended retention is mandated or permitted by law.
8. User Rights
You have rights when it comes to our handling of your Personal Data. Those rights include:
• the right to request access to your Personal Data where those requests are reasonable and permitted by law or regulation. Yawoa Foundation shall provide reasonable and accessible means for Individuals to submit their requests, this process is handled and managed by the Data Protection Office in Yawoa Foundation.
• the right to request that Yawoa Foundation erase your Personal Data if it is no longer valid or necessary for the purposes for which it was collected or if it is incomplete or inaccurate,
• the right to rectify or amend inaccurate or incomplete Personal Data,
• the right to withdraw your Consent at any time. This can be initiated by contacting the Data Protection Office of Yawoa Foundation,
• the right to object to Yawoa Foundation’s processing of your Personal Data if there are compelling legitimate grounds to do so and to the extent permitted by law or regulation,
• the right to receive your Personal Data in a commonly used and machine-readable format and, the right to transmit these data to another Data Controller when the processing is based on (explicit) consent or when the processing is necessary for the performance of a contract,
• the right to lodge a complaint with the Nigeria Data Protection Commission where you believe our processing of your data violates the requirements of the Nigeria Data Protection Act 2023 (NDPA), and other applicable data protection regulations in force in Nigeria.
9. Data Collection Methods
• Electronic Messages: We keep record of your interactions with us via electronic media (such as email, text message, complaint forms etc.) in a secure manner while maintaining accuracy. When necessitated by legal or vital obligations, we archive these communications.
• Hard Copy Forms: We maintain accurate records of the information that you provide to us via hard copy forms in a secure manner. When necessitated by legal or vital obligations, we archive these communications.
• Web Forms: We keep record of your personal details provided via our web portal. Typically, such details are processed for contact, partnerships and recruitment purposes and are kept in a secure manner.
10. Transfer of Personal Data
Personal data collected by Yawoa Foundation may be transferred to selected partners with your consent. The following describes the various scenarios for which we may share your Personal Data to a third party.
• Transfer for Service Provision: we employ other companies and individuals to perform functions on our behalf as service providers. Service providers, and their selected staff, are only allowed to access and use your Personal Data on our behalf for the specific tasks that they have been requested to carry out, based on our instructions, and are required to keep your Personal Data confidential and secure.
• Transfer as a legal requirement: we may share your information with other parties when required by law or as necessary to protect our service. We may also share your information in connection with a transfer of assets, or if we are otherwise involved in a merger or transfer.
• Intra-Company transfers: your Personal Data may be transferred to or accessible by other entities within the Yawoa Foundation Group. However, these entities will be bound by the terms of this Policy.
• Out of Country Transfer: Your Personal Data may be transferred to a foreign country for storage or processing where it is necessary to do so in line with the permissible conditions defined by the NDPA. We will ensure that appropriate safeguards are in place to ensure the protection of your Personal Data being stored or processed out of the country.
11. How We Ensure Protection of Your Personal Data
We use appropriate measures (including physical access controls and secure software and operating environments) to keep your Personal Data confidential and secure. Yawoa Foundation is in compliance with these data protection regulations: NDPA and NDPR and this assures that your personal data is collected, managed, processed and stored according to the requirements stated in these regulations. Please note, however, that these protections do not apply to information you choose to share in public areas such as third-party social networks.
• Data Retention Policy: We ensure that your personal data are not retained for longer than necessary as determined by our data retention policy to reduce the likelihood/severity of a data breach.
• Personal Data Breach Notification: Yawoa Foundation will inform relevant authorities and if necessary, affected individuals of personal data breach within 72 hours of being aware of the breach where Personal Breach refers to a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data. This includes breaches that are the result of both accidental and deliberate causes.
12. Changes to This Notice
If we change the way we handle your Personal Data, we will update this Notice. We reserve the right to make changes to our practices and this Notice at any time, please check back frequently to see any updates or changes to our Notice.
13. Governing Law
This Privacy Notice is made pursuant to the Nigeria Data Protection Act (2023) and other relevant Nigerian laws, regulations or international conventions applicable to Nigeria. Where any provision of this Notice is deemed inconsistent with a law, regulation or convention, such provision shall be subject to the overriding law, regulation or convention.
14. Data Controller and Contact
If you have any questions or concerns about this Privacy Policy or our data practices, please contact us at:Yawoa Foundation info@yawoafoundation.org.