Bermuda Yellow Pages Limited - Privacy Policy

Bermuda Yellow Pages Limited (BYP) is committed to protecting your personal privacy.

BYP subscribes to the provisions of the Standard for Electronic Transactions issued under the Electronic Transactions Act 1999. The BYP Privacy Policy outlines the type of information that is collected by BYP on the Site, and how it is used and protected. The BYP Privacy Policy also tells you what to do if you do not want personal Information collected when visiting the Site.

What information do we collect?
When you visit the Site, you may provide BYP with two types of information:
• Anonymous statistics collected as you browse the Site; and
• Personal information that you knowingly give to BYP.

You can be assured that BYP does not collect personal information about you from the Site unless you provide it to BYP, therefore, you can visit the Site without telling BYP who you are or revealing personally identifiable information about yourself.

The anonymous statistics collected by BYP include details such as which pages are viewed, which browsers people use when visiting the Site, how many people visit the Site and from which domains people come. None of this information is associated with you as an individual.
 
Collecting information and Cookies
Browsing BYP’s website is generally done anonymously. BYP does not generally collect personal information when you merely browse. We do automatically collect the type of computer and operating system you are using.

Like most web sites, BYP uses "Cookie" technology in order to improve online services to you. Cookies are small files consisting of a string of text that a website can send to your internet browser. These small files identify your browser so that the Web Site can recognize you as a previous visitor and thus save and remember any preferences that may have set while browsing the Site. A cookie cannot retrieve any other data from your hard drive, pass on computer viruses, or capture your email address.

BYP also lets third parties that place advertisements on this Web Site use cookies. Any third party advertiser’s use of cookies is subject to that party’s own privacy practices and not this one.

On occasion BYP may use a “clear gif” or “click-through URL.” (Click-throughs). When you click one of these Click-throughs, you will pass through BYP’s Site before being delivered to your destination website. Click-throughs are tracked by BYP to help us determine your interests and measure the effectiveness of our service to you.

You have the option of setting your browser to disable cookies. This may, however, impair your ability to use the Web Site.

When visitors supply personal information about themselves to YP for a specified purpose, YP uses the information for that purpose only.

BYP may use e-mail to respond to visitors’ e-mails or to send information that a visitor has requested. BYP also uses an opt-in e-mail mailing list for promotions. E-mail addresses entered using the e-join button on the Web Site are added to the list. If you receive an unwanted e-mail from BYP, you can unsubscribe by: clicking on the "unsubscribe" link on the e-mail and following the instructions, or
contacting YP at gtaylor@bermudayp.com and requesting removal from the list, or contacting BYP at Tel +1 (441) 297-YELL or Fax +1 (441) 296-0216 and requesting removal from the list.

Why we collect personal information
When BYP collects and uses personal information from you, we do so to provide you enhanced service, access to our products and services, and improve and broaden the range of products services available to you. In addition, we use your personal information to provide you with information we think would be of interest or value to you. This may occasionally include information from other companies about products and services. We may also use your personal information to contact you to participate in quality control or other market research surveys with the goal of improving customer satisfaction and developing better products and services.

When we disclose personal information
Any personal information, such as your name or e-mail address, that you provide to BYP through the Web Site, will not be sold or shared with third parties other than companies affiliated with BYP and its service providers unless you specifically authorize it or unless required by law. BYP may share non-personally identifiable information that it collects through the Web Site with third parties other than companies affiliated with BYP and its service providers in order to assess the results of a promotion, event or third party relationship, to provide information to current or prospective customers or to enhance your online experience.
At times, BYP may be required by law or other legal process to disclose personal information about you. We may also disclose information about you if we believe that disclosure is necessary for the public interest.

How to protect your personal information
BYP urges you to take every precaution possible to protect your personal information when you use the Internet. BYP recommends changing your passwords often and to use a secure internet browser. Good choices for passwords include combinations of letters and numbers and upper and lower case.

This BYP Privacy Policy is subject to change at any time. We encourage you to review the Privacy Policy regularly for any changes.

Bermuda Yellow Pages Limited, 26 Victoria Street Hamilton HM 12 Bermuda.

Bermuda Yellow Pages Limited - Terms and Conditions of Use
These Terms and Conditions of Use (Terms) apply to the BYP Web site located at www.bermudayp.com, and all associated BYP Web sites linked to www.bermudayp.com by BYP, its subsidiaries and affiliates (collectively, the Site).

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Ownership of Site;
The Site is the property of Bermuda Yellow Pages Limited (BYP) and its licensors.

License:
BYP reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms, BYP grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content:
The Site contains user, audio and visual interfaces, text, graphics, photographs, trade marks, images, logos, sounds, music, artwork and computer code (collectively, Content). It includes but is not limited to the design, structure, selection, coordination, creative expression, look and feel and arrangement of all or any part of the Content. The Site is controlled by BYP. The Content is either owned by or licensed to BYP and is protected by intellectual property, unfair competition and other laws including but not limited to trade dress, copyright, patent and trade mark laws.

Reservation of Rights:
Except as expressly provided in these Terms, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including mirroring) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without BYP’s express prior written consent.

Limited Use License:
You may use information on BYP products and services purposely made available by BYP for downloading from the Site, provided that you do not remove or change any proprietary notice language in any and all copies of such documents, use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any Web site, networked computer or broadcast it in any media, make no modifications to any such information, and do not make any additional representations or warranties relating to such documents.

Picture Database License:
BYP purposely makes available certain pictures and photographs for your use (Pictures). BYP grants you a limited license to use the Pictures as you wish for any lawful purpose including downloading from the Site, provided that you do not remove or change any proprietary notice language in any and all copies of the Pictures whether downloaded directly from the Site or copied to others by you or by others to you; make no modifications to any such information; do not make any additional representations or warranties relating to the Pictures; include these terms and conditions of use to anyone to whom you give a copy of the Pictures; do not sell or otherwise barter the Pictures; use only the Pictures found in the BYP picture database at www.bermudayp.com/pixbase/index.html; do not use the Pictures in any unlawful way or for any unlawful purpose or otherwise use the Pictures in such manner as to be disrespectful of BYP, cause embarrassment to BYP, to cause distress to anyone or otherwise be in poor taste.

Prohibited Use:
You may not use any deep-link, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.

BYP reserves the right to bar any such activity. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any BYP server, or to any of the services offered on or through the Site, by hacking, password mining or any other illegitimate means. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of BYP, including any BYP account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or BYP’s systems or networks, or any systems or networks connected to the Site or to BYP. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to BYP on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of BYP or others.

Other Terms and Conditions:
Additional terms and conditions (Additional Terms) may apply to products or services and to specific areas or features of the Site, including without limitation contests and promotions, all of which Additional Terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and the Additional Terms posted for or applicable to any specific area of the Site or for any product or service offered on or through the Site, the latter terms shall control with respect to your use of that area of the Site or the specific product or service.

BYP’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

BYP may make changes to any products or services offered on the Site, or to the applicable prices (if any) for any such products or services, at any time, without notice.

Any of the Additional Terms may be changed from time to time and are effective immediately upon posting such changes on the Site.

Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to open an account (including setting up an BYP ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify BYP immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by BYP or any other user of or visitor to the Site due to someone else using your BYP ID, password or account.

You may not use anyone else’s BYP ID, password or account at any time without the express permission and consent of the holder of that BYP ID, password or account. BYP cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy
BYP’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms by this reference. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

The Guide to Using Bermuda Yellow Pages Limited Trade Marks and Copyrights

The guidelines contained within this document (Guidelines) are for those individuals and/or companies wishing to use Bermuda Yellow Pages Limited (BYP) trade marks, service marks or images (Marks) in promotional, advertising, instructional, or reference materials, or on their web sites, products, labels, or packaging.

If you are a licensee of a BYP trade mark or service mark and have been provided with special trade mark usage guidelines with your license agreement, please follow those guidelines.

If your license agreement does not provide usage guidelines, then follow these Guidelines.

BYP’s trade marks, service marks, trade name, and trade dress are valuable assets. In following these guidelines, you help us protect our valuable trade mark rights and strengthen our corporate and brand identities. By using a BYP trade mark, in whole or in part, you are acknowledging that BYP is the sole owner of the trade mark and promising that you will not interfere with BYP's rights in the trade mark, including challenging BYP's use, registration of, or application to register such trade mark, alone or in combination with other words and that you will not harm, misuse, or bring into disrepute any BYP trade mark. The goodwill derived from using any part of a BYP trade mark exclusively inures to the benefit of and belongs to BYP. Except for the limited right to use as expressly permitted under these Guidelines, no other rights of any kind are granted by these Guidelines, by implication or otherwise.

Questions regarding these Guidelines may be addressed to BYP by contacting gtaylor@bermudayp.com.

Authorized Use of BYP Trade marks Advertising, Promotional, and Sales Materials:
Only BYP and its authorized licensees may use the BYP Logo in advertising, promotional, and sales materials.

Publications:
You may use any BYP Marks in connection with book titles, magazines or periodicals provided you comply with the following requirements:

The use is referential and less prominent than the rest of the title.

The use reflects favorably on both BYP and BYP products or services.

Your name and logo appear more prominent than the BYP word mark on all printed materials related to the publication.

Any BYP owned trade mark, graphic symbol, logo, icon or image does not appear on or in the publication or on any materials related to the publication, seminar, or conference without express written permission from BYP.

A disclaimer of sponsorship, affiliation, or endorsement by BYP, similar to the following, is included on the publication and on all related printed materials: "(Title) is an independent (publication) and has not been authorized, sponsored, or otherwise approved by Bermuda Yellow Pages Limited."

A trade mark attribution notice is included in the credit section giving notice of BYP’s ownership of its Marks. Please refer to the section below titled "Proper Trade mark Notice and Attribution."

Web Sites:
Web sites that serve only as noncommercial electronic informational forums concerning a BYP product or service may use the appropriate BYP word mark, provided such use complies with the guidelines set forth in Section 2 above.

Unauthorized Use of BYP Trade marks Company, Product, or Service Name:
You may not use or register, in whole or in part, BYP, YELLOW PAGES, iYELLOW PAGES, or any other BYP trade mark, including BYP-owned graphic symbols, logos, icons, or an alteration thereof, as or as part of a company name, trade name, product name, or service name except as specifically noted in these guidelines.

BYP-owned Graphic Symbols:
You may not use any BYP-owned graphic symbol, logo, or icon on or in connection with web sites, products, packaging, manuals, promotional/advertising materials, or for any other purpose except pursuant to an express written trade mark license from BYP, such as a reseller agreement.

Variations, Takeoffs or Abbreviations:
You may not use an image of a real BYP or other variation of the BYP logo for any purpose. Third parties cannot use a variation, phonetic equivalent, foreign language equivalent, takeoff, or abbreviation of a BYP trade mark for any purpose.

Disparaging Manner:
You may not use a BYP trade mark or any other BYP-owned graphic symbol, logo, or icon in a disparaging manner.

Endorsement or Sponsorship:
You may not use BYP, YELLOW PAGES, iYELLOW PAGES, or any other BYP trade mark, including BYP-owned graphic symbols/logos, or icons, in a manner that would imply BYP's affiliation with or endorsement, sponsorship, or support of a third party product or service.

Merchandise Items:
You may not manufacture, sell or give-away merchandise items, such as T-shirts and mugs, bearing BYP, YELLOW PAGES, iYELLOW PAGES or any other BYP trade mark, including symbols, logos, or icons, except pursuant to an express written trade mark license from BYP.

BYP's Trade Dress:
You may not imitate the distinctive BYP Web site design or logos.

Slogans and Taglines:
You may not use or imitate a BYP slogan or tagline.

Domain Names:
You may not use an identical or virtually identical BYP trade mark as a second level domain name.

Rules for Proper Use of BYP Trade marks
Trade marks are adjectives used to modify nouns; the noun is the generic name of a product or service. As adjectives, trade marks may not be used in the plural or possessive form. Correct Use: I bought two YELLOW PAGES directories. Incorrect Use: I bought two YELLOW PAGES’.

An appropriate generic term must appear after the trade mark the first time it appears in a printed piece, and as often as is reasonable after that. Suggested generic terms are provided in the BYP Trade Mark List which is posted on the BYP web site at: www.bermudayp.com/privacypolicy.html#list

Always spell and capitalize BYP's trade marks exactly as they are shown in the BYP Trade mark List. Do not shorten or abbreviate BYP product names. Do not make up names that contain BYP trade marks.

Trade Mark Notice and Attribution
A proper trade mark notice or attribution should be as follows:

You should use the appropriate trade mark symbol (TM for goods, sm for services, ® for registered trade marks) the first time the BYP trade mark appears in the text of the advertisement, brochure, documentation or other material.

Refer to the BYP Trade mark List for the correct trade mark symbol, spelling of the trade mark, and generic term to use with the trade mark. Generally, the symbol appears at the right shoulder of the trade mark.

You should include an attribution of BYP's ownership of its trade marks within the credit notice section of your advertisement, brochure, documentation or other material. Acceptable formats are as follows:
_______ is a registered trade mark of Bermuda Yellow Pages Limited.
_______ is a trade mark of Bermuda Yellow Pages Limited.

Endorsement or Sponsorship
BYP does not support the use of its logos, company name, product or service names by other parties in marketing, promotional or advertising materials as their use may create the perception that BYP endorses or sponsors the product, service or promotion.

Bermuda Yellow Pages Limited, 26 Victoria Street Hamilton HM 12 Bermuda.

Bermuda Yellow Pages Limited - Trademark List - June 2004
The following is a list of trade marks and service marks either owned or licensed by Bermuda Yellow Pages Limited (BYP).

When using any of these marks in publications please use an appropriate trade mark attribution notice. For example: “HELLO YELLOW” is a registered trade mark of Bermuda Yellow Pages Limited registered in Bermuda.

The list also includes one or more suggested generic terms for each trade mark. For all publications, include an appropriate generic term after the trade mark the first time it appears. Thereafter, the generic term should appear frequently with the trade mark (Note: These generic terms are only suggestions, and there may be other words that are equally appropriate). For example: YELLOW PAGES directory

Remember that trade marks are adjectives, and cannot be made plural or possessive.

For more information on how to use BYP’s trade marks, refer to the document titled, "The Guide to Using BYP Trademarks," or contact BYP at the address noted below.

The absence of a product or service name or logo from this list does not constitute a waiver of BYP’s trade mark or other intellectual property rights concerning that name or logo.

If you have any questions or comments regarding the list, please contact us by e-mail at gtaylor@bermudayp.com.
This list includes updates as of 30 June, 2004.
Bermuda Yellow Pages Limited, 26 Victoria Street Hamilton HM 12 Bermuda.

Bermuda Yellow Pages Limited - Claim of Copyright Infringement
Bermuda Yellow Pages Limited (BYP) values intellectual property rights. BYP respects those rights belonging to others and asks users to respect BYP’s rights and those of others.

BYP may, in its sole and absolute discretion, terminate the accounts of users who violate the intellectual property rights of BYP or others.

If you believe that your work has been copied and is being used on BYP's web site in a way which constitutes infringement of your copyright, please let us know by contacting us using any one of the following addresses:

By email: gtaylor@bermudayp.com

By mail: Gary Taylor,
Bermuda Yellow Pages Limited,
26 Victoria Street,
Hamilton HM 12, Bermuda
By Telephone: 441.295 YELL

In order to assist us in evaluating your claim, please provide the following information in your notice (Notice) to us:

Your contact details including your name, address, telephone number and email address;

Your signature as owner of the copyright interest or as the person authorized to act on behalf of the owner of that interest. This signature may be electronic or physical;

A detailed description of the copyrighted work that you claim has been infringed and the name of the owner;

A description sufficient for us to find the location of the material that you claim is infringing on the BYP web site;

A statement by you that to the best of your knowledge and belief that the disputed use is not authorized by the copyright owner, its agent, or under the law and that you are acting in good faith;

A declaration by you that all of the information provided by you in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Bermuda Yellow Pages Limited, 26 Victoria Street Hamilton HM 12 Bermuda.