PRIVACY

General information on data protection

The following data protection declaration explains which data we collect and what we use it for. It also explains how and for what purpose this is done.

How do we collect your data?

On the one hand, your data is collected when you give it to us: for example by entering it in the contact form.

If you contact us by e-mail or contact form with regard to questions of any kind, you give us your voluntary consent for the purpose of contacting you. To do so, you must provide us with a valid e-mail address. This serves to assign the inquiry and to answer it afterward. The indication of further data is optional. The information you provide will be stored for the purpose of processing the inquiry and for possible follow-up questions. Personal data will be deleted automatically on a regular basis after your inquiry has been completed.

Other data is automatically collected by our IT systems when you visit the website. These are mainly technical data (e.g. Internet browser, operating system or time of page view and similar). These data are collected automatically as soon as you enter our website. As a rule, this is information which does not allow any conclusions to be drawn about your person. This information is technically necessary in order to correctly deliver the contents of websites requested by you and is mandatory when using the Internet.

What do we use your data for?

Part of the data is collected to ensure that the website is provided without errors. They are processed in particular for the following purposes: Ensuring a trouble-free connection of the website, ensuring a smooth use of our website, evaluation of the system security and stability as well as for other administrative purposes and for this purpose to optimise our internet presence and the technology behind it.

The processing of your personal data is based on our legitimate interest from the aforementioned purposes for data collection. We do not use your data to draw conclusions about your person. Recipients of the data are only us as site operators or as the responsible body and, if applicable, processors of orders.

Retention period & deletion of data

We adhere to the principles of data avoidance and data economy. We therefore only store your personal data for as long as is necessary to achieve the purposes stated here or as required by the various storage periods provided for by law. After the respective purpose has ceased to apply or these periods have expired, the corresponding data is routinely blocked or deleted in accordance with the statutory provisions.

1. Definitions

The YESSS data protection declaration is based on the terms used by the European legislator for directives and regulations when the basic data protection regulation (DS-GVO) was issued. Our data protection declaration should be easy to read and understand both for the public and for our customers and business partners. To ensure this, we would like to explain the terms used in advance.

We use the following terms, among others, in this data protection declaration:

a) Personal data

Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as "data subject"). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, online identification, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

(b) Data subject

Data subject means any identified or identifiable natural person whose personal data are processed by the controller.

(c) Processing

Processing is any operation or set of operations, performed with or without the aid of automated means, which is performed upon personal data, such as collection, recording, organisation, organisation, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

(d) Restriction of processing

Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.

(e) Profiling

Profiling is any automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to the performance of work, economic situation, health, personal preferences, interests, reliability, conduct, location or change of location of that natural person.

(f) Pseudonymisation

Pseudonymisation is the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the need for additional information, provided that this additional information is kept separately and is subject to technical and organisational measures which ensure that the personal data is not attributed to an identified or identifiable natural person.

(g) Controller or controller

Controller or data controller is the natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or national law, provision may be made for the controller or for the specific criteria for his or her designation in accordance with Union or national law.

(h) Processor

A processor is a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller.

(i) Recipient

The recipient is any natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not that person is a third party. However, authorities which may receive personal data in the context of a specific investigation mandate under Union or national law shall not be considered as recipients.

(j) Third parties

Third party means any natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or the processor, are authorized to process the personal data.

(k) Consent

Consent shall mean any freely given and informed unequivocal expression of the data subject's wishes in the specific case, in the form of a statement or any other unequivocal affirmative act by which the data subject signifies his or her consent to the processing of personal data relating to him or her.

3. Collection of general data and information

The YESSS website collects a series of general data and information every time a data subject or automated system accesses the website. These general data and information are stored in the log files of the server. The (1) browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrer), (4) the sub-websites that are accessed via an accessing system on our website, (5) the date and time of access to the Internet site, (6) an Internet Protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information which serve to avert danger in the event of attacks on our information technology systems.

When using these general data and information, YESSS does not draw any conclusions about the person concerned. Rather, this information is required in order to (1) deliver the contents of our website correctly, (2) optimise the contents of our website as well as the advertising for it, (3) ensure the permanent operability of our information technology systems and the technology of our website, and (4) to provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber attack. These anonymously collected data and information are therefore statistically evaluated by YESSS on the one hand and also with the aim of increasing data protection and data security in our company, in order to ultimately ensure an optimal level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by an affected person.

GOOGLE ANALYTICS

This website uses Google Analytics, a web analytics service provided by Google Ireland Limited. If the person responsible for data processing on this website is located outside the European Economic Area or Switzerland, Google Analytics data processing is carried out by Google LLC. Google LLC and Google Ireland Limited are hereinafter referred to as "Google".

Google Analytics uses "cookies", which are text files placed on the visitor's computer, to help the website analyze how users use the site. The information generated by the cookie about the use of the website by the visitor (including the abbreviated IP address) will generally be transmitted to a Google server and stored there.

Google Analytics is only used with the extension "_anonymizeIp()" on this website. This extension ensures an anonymization of the IP address by shortening it and excludes a direct personal reference. The extension shortens the IP address of Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area before. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. The IP address transmitted by the corresponding browser within the scope of Google Analytics is not merged with other Google data.

On behalf of the site operator, Google will use the information collected to evaluate the use of the website, to compile reports on website activities and to provide further services to the site operator in connection with the use of the website and the Internet (Art. 6 para. 1 lit. f DSGVO). The legitimate interest in the data processing lies in the optimisation of this website, the analysis of the use of the website and the adaptation of the contents. The interests of the users are sufficiently protected by the pseudonymisation.

Google LLC. is certified according to the so-called Privacy Shield (list entry here) and guarantees an appropriate level of data protection on this basis. The data sent and linked to cookies, user IDs (e.g. user ID) or advertising IDs are automatically deleted after 50 months. Data whose retention period has been reached is automatically deleted once a month.

The collection by Google Analytics can be prevented by adjusting the cookie settings for this website. The collection and storage of the IP address and the data generated by cookies can also be refused at any time with effect for the future. The corresponding browser plugin can be downloaded and installed under the following link: https://tools.google.com/dlpage/gaoptout.

The site visitor can prevent the collection by Google Analytics on this website by clicking on the following link an opt-out cookie is set to prevent future collection of data when visiting this website.

Further information on the use of data by Google, setting and objection options can be found in the Google privacy policy (https://policies.google.com/privacy) and in the settings for the display of advertising by Google (https://adssettings.google.com/authenticated).

4. Possibility of contact via the website

Due to legal regulations, the YESSS website contains information that enables rapid electronic contact with our company and direct communication with us, which also includes a general address for so-called electronic mail (e-mail address). If a data subject contacts the data controller by e-mail or via a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data transmitted by a data subject to the controller on a voluntary basis are stored for the purposes of processing or for contacting the data subject. Such personal data shall not be disclosed to third parties.

5. Routine deletion and blocking of personal data

The controller shall process and store personal data relating to the data subject only for the period of time necessary to achieve the purpose of storage or where provided for by the European legislator or other legislator in laws or regulations to which the controller is subject.

If the purpose of storage ceases to apply or if a storage period prescribed by the European Directives and Regulations Giver or any other competent legislator expires, the personal data will be blocked or deleted as a matter of routine and in accordance with the statutory provisions.

6. Rights of the data subject

(a) Right to confirmation

Every data subject has the right, granted by the European Directive and Regulation, to obtain from the controller confirmation as to whether personal data relating to him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may at any time contact an employee of the controller.

(b) Right of access

Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to obtain at any time and free of charge from the data controller information on personal data relating to him/her and a copy thereof. The European Data Protection Supervisor has also granted the data subject access to the following information:

o the purposes of processing

o the categories of personal data processed

o the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular to recipients in third countries or international organisations

o if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration

o the existence of a right of rectification or erasure of personal data relating to him or her or of a restriction on processing by the controller or a right to object to such processing

o the existence of a right of appeal to a supervisory authority

o if the personal data are not collected from the data subject: All available information on the origin of the data

o the existence of automated decision-making, including profiling, in accordance with Article 22(1) and (4) of the DPA and, at least in these cases, meaningful information on the logic involved and the scope and intended impact of such processing on the data subject

The data subject shall also have the right to obtain information as to whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject shall also have the right to obtain information on the appropriate safeguards relating to the transfer.

If a data subject wishes to exercise this right of access, he or she may at any time contact an employee of the controller.

(c) Right of rectification

Any person affected by the processing of personal data has the right, granted by the European legislator, to request the rectification without delay of inaccurate personal data concerning him. The data subject shall also have the right to obtain the completion of incomplete personal data, including by means of a supplementary declaration, having regard to the purposes of the processing.

If a data subject wishes to exercise this right of rectification, he or she may at any time contact an employee of the controller.

d) Right of erasure (right to be forgotten)

Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to obtain from the controller the immediate erasure of personal data relating to him/her, if one of the following reasons applies and provided that the processing is not necessary:

o The personal data have been collected or otherwise processed for purposes for which they are no longer necessary.

o The data subject withdraws the consent on which the processing was based in accordance with Article 6(1)(a) of the DPA or Article 9(2)(a) of the DPA, and there is no other legal basis for the processing.

o The data subject lodges an objection to the processing pursuant to Article 21 (1) DPA and there are no overriding legitimate reasons for the processing, or the data subject lodges an objection to the processing pursuant to Article 21 (2) DPA.

o The personal data were processed unlawfully.

o The deletion of the personal data is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject.

o The personal data was collected in relation to information society services offered, in accordance with Article 8 (1) of the DS-GVO.

If one of the above reasons applies and a data subject wishes to request the deletion of personal data stored by YESSS, he/she may contact an employee of the data controller at any time. The YESSS employee will ensure that the request for deletion is complied with immediately.

If the personal data have been made public by YESSS and our company as the responsible party is obliged to delete the personal data in accordance with Art. 17 Para. 1 DS-GVO, YESSS shall take appropriate measures, also of a technical nature, taking into account the available technology and the implementation costs, in order to inform other persons responsible for data processing who process the published personal data, that the data subject has requested these other persons responsible for data processing to delete all links to these personal data or copies or replications of these personal data, insofar as the processing is not necessary. The YESSS employee will arrange the necessary steps in individual cases.

e) Right to restriction of processing

Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to obtain from the controller the restriction of processing if one of the following conditions is met:

o the accuracy of the personal data is contested by the data subject, for a period of time sufficient to enable the controller to verify the accuracy of the personal data

o The processing is unlawful, the data subject refuses to have the personal data deleted and instead requests the restriction of the use of the personal data.

o The controller no longer needs the personal data for the purposes of the processing, but the data subject needs them in order to assert, exercise or defend legal claims.

o The data subject has lodged an objection to the processing pursuant to Art. 21 (1) DPA and it is not yet clear whether the controller's legitimate reasons outweigh those of the data subject.

If one of the above-mentioned conditions is met and a data subject wishes to request the restriction of personal data stored at YESSS, he or she may contact an employee of the data controller at any time. The YESSS employee will arrange for the restriction of the processing.

(f) Right to data portability

Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to receive the personal data concerning him/her which have been made available to a controller by the data subject in a structured, common and machine-readable format. He or she also has the right to have this data communicated to another controller without hindrance by the controller to whom the personal data has been made available, provided that the processing is based on the consent pursuant to Article 6 paragraph 1 letter a DPA or Article 9 paragraph 2 letter a DPA or on a contract pursuant to Article 6 paragraph 1 letter b DPA and that the processing is carried out by means of automated procedures, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Furthermore, when exercising their right to data transfer pursuant to Art. 20 Para. 1 DPA, the data subject has the right to request that personal data be transferred directly from one controller to another controller, insofar as this is technically feasible and provided that this does not adversely affect the rights and freedoms of other persons.

In order to assert the right to data transfer, the person concerned can contact a YESSS employee at any time.

(g) Right of appeal

Every person concerned by the processing of personal data has the right, granted by the European legislator, to object at any time, for reasons arising from his or her particular situation, to the processing of personal data concerning him or her carried out pursuant to Article 6(1)(e) or (f) of the DPA. This also applies to profiling based on these provisions.

In the event of an objection, YESSS shall no longer process the personal data unless we can prove compelling reasons for processing that are worthy of protection and outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.

If YESSS processes personal data for the purpose of direct marketing, the data subject shall have the right to object at any time to the processing of personal data for the purpose of such marketing. This also applies to profiling, insofar as it is connected to such direct marketing. If the data subject objects to YESSS to the processing for the purpose of direct marketing, YESSS shall no longer process the personal data for these purposes.

In addition, the data subject has the right to object, for reasons arising from his or her particular situation, to the processing of personal data concerning him or her that is carried out at YESSS for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 para. 1 DS-GVO, unless such processing is necessary for the fulfilment of a task in the public interest.

In order to exercise the right of objection, the data subject may contact any YESSS employee or any other employee directly. The data subject shall also be free to exercise his right of objection in relation to the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures involving technical specifications.

(h) Automated case-by-case decisions, including profiling

Every person concerned by the processing of personal data has the right, granted by the European legislator, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him/her or significantly affects him/her in a similar way, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is authorised by Union or national legislation to which the controller is subject and such legislation provides for adequate measures to safeguard the rights and freedoms and legitimate interests of the data subject, or (3) is made with the explicit consent of the data subject.

If the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the controller or (2) is taken with the express consent of the data subject, YESSS shall take appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, including at least the right to obtain the intervention of a person from the controller, to put forward its point of view and to challenge the decision.

If the data subject wishes to exercise rights relating to automated decisions, he or she may at any time consult a member of the controller's staff.

(i) Right to withdraw consent for data protection

Every person affected by the processing of personal data has the right, granted by the European Directive and Regulation Giver, to revoke his or her consent to the processing of personal data at any time.

If the data subject wishes to exercise his or her right to withdraw consent, he or she may at any time contact an employee of the controller.

7. The legal basis of the processing

Art. 6 I lit. a DS-GVO serves our company as a legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations necessary for the supply of goods or provision of other services or consideration, the processing is based on Art. 6 I lit. b DS-GVO. The same applies to such processing operations which are necessary to carry out pre-contractual measures, for example in cases of enquiries about our products or services. If our company is subject to a legal obligation which makes it necessary to process personal data, for example to fulfil tax obligations, processing is based on Art. 6 I lit. c DS-GVO. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our company were to be injured and his or her name, age, health insurance details or other vital information had to be disclosed to a doctor, hospital or other third party. In this case the processing would be based on Art. 6 I lit. d DS-GVO. Finally, processing operations could be based on Art. 6 I lit. f DS-GVO. Processing operations which are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or of a third party, unless the interests, fundamental rights and freedoms of the data subject prevail. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47 sentence 2 DS-GVO).

8. Legitimate interests in the processing pursued by the controller or a third party

If the processing of personal data is based on Article 6 I lit. f DS-GVO, our legitimate interest is to carry out our business activities for the benefit of the well-being of all our employees and our shareholders.

9. The duration for which personal data are stored

The criterion for the duration of storage of personal data is the respective legal retention period. After expiry of the period, the corresponding data is routinely deleted, provided that it is no longer required for the fulfilment or initiation of the contract.

10. Legal or contractual provisions on the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of not providing the data

We would like to inform you that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual regulations (e.g. information on the contractual partner). Sometimes it may be necessary for a contract to be concluded that a data subject provides us with personal data, which must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with him/her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before the person concerned makes personal data available, the person concerned must contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what the consequences would be if the personal data were not provided.

11. Existence of automated decision making

As a responsible company, we avoid automatic decision making or profiling.

12. Online presence in social media

We maintain an online presence within social networks and platforms in order to communicate with the customers, interested parties, and users active there and to be able to inform them about our services. When accessing the respective networks and platforms, the terms and conditions and data processing guidelines of their respective operators apply. Unless otherwise stated in my privacy policy, we process the data of users if they communicate with us within the social networks and platforms, e.g. write articles on our online presences or send us messages.

LinkedIn

Within our online offer, functions and contents of the service LinkedIn, offered by the inkedIn Ireland Unlimited Company Wilton Place, Dublin 2, Ireland, can be integrated. This may include, for example, content such as images, videos or text and buttons that allow users to share content from this site within LinkedIn. If users are members of the LinkedIn platform, LinkedIn may assign the access to the above-mentioned content and functions to the user profiles there. LinkedIn's privacy policy: https://www.linkedin.com/legal/privacy-policy. LinkedIn is certified under the Privacy Shield Agreement and thus offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000L0UZAA0&status=Active). Privacy policy: https://www.linkedin.com/legal/privacy-policy, Opt-Out: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out.

Xing

Within our online offering, functions and content of the Xing service offered by XING AG, Dammtorstraße 29-32, 20354 Hamburg, Germany, can be integrated. This may include, for example, content such as images, videos or texts and buttons with which users can share content from this online offering within Xing. If the users are members of the Xing platform, Xing can assign the access to the above-mentioned contents and functions to the user profiles there. Privacy policy of Xing: https://www.xing.com/app/share?op=data_protection.

Instagram | Facebook

Within our online offer, we use our online offer on the basis of a legitimate interest (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO) Social Plugins ("Plugins") of the social network instagram.com and facebook.com, which is operated by Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland ("Facebook"). The plugins can display interaction elements or content (e.g. videos, graphics or text contributions) and can be recognized by one of the Facebook logos (white "f" on blue tile, the terms "Like", "Like" or a "thumbs up" sign) or are marked with the addition "Facebook Social Plugin". The list and appearance of the Facebook Social Plugins can be viewed here: https://developers.facebook.com/docs/plugins/.

Facebook is certified under the Privacy Shield Agreement and thus offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).

If a user calls up a function of this online offer that contains such a plugin, his device establishes a direct connection with the Facebook servers. The content of the plugin is transmitted by Facebook directly to the user's device and integrated into the online offer by the user. User profiles can be created from the processed data. I therefore have no influence on the extent of the data that Facebook collects with the help of this plugin and therefore inform the users according to our state of knowledge.

By integrating the plugins, Facebook receives the information that a user has called up the corresponding page of the online offer. If the user is logged in to Facebook, Facebook can assign the visit to his or her Facebook account. If users interact with the plugins, for example, by pressing the Like button or posting a comment, the corresponding information is transmitted directly from your device to Facebook and stored there. If a user is not a member of Facebook, it is still possible for Facebook to find out his or her IP address and store it. According to Facebook, only an anonymized IP address is stored in Germany.

The purpose and scope of the data collection and the further processing and use of the data by Facebook, as well as the relevant rights and settings to protect the privacy of users, can be found in the Facebook data protection information: https://www.facebook.com/about/privacy/.

If a user is a Facebook member and does not want Facebook to collect data about him/her via this online offer and link it with his/her membership data stored on Facebook, he/she must log out of Facebook before using our online offer and delete his/her cookies. Further settings and objections to the use of data for advertising purposes are possible within the Facebook profile settings: https://www.facebook.com/settings?tab=ads or via the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. The settings are platform-independent, i.e. they are adopted for all devices, such as desktop computers or mobile devices.

13. Final provisions

Changes to our privacy policy

We reserve the right to adapt this data protection declaration so that it always meets the current legal requirements or to implement changes to our services in the data protection declaration, e.g. when introducing new services. The new data protection declaration then applies to your next visit.

Questions to the data protection officer

This privacy statement was created by the Privacy Statement Generator of the DGD Deutsche Gesellschaft für Datenschutz GmbH.

If you have any questions regarding data protection, please write us an e-mail or contact the person responsible for data protection in our organization directly.

Contact for data protection issues:

Represented by:

Jess Kahlke | Senior Concept Developer & Copywriter

E-mail: say[at]yesss.berlin