Privacy Policy
We are delighted that you have taken an interest in our company. Data protection is a top priority for the management of yourdata GmbH. In principle, it is possible to use the yourdata GmbH website without providing any personal data. However, should a data subject wish to make use of specific services offered by our company via our website, the processing of personal data may be necessary. Where the processing of personal data is necessary and there is no legal basis for such processing, we generally seek the consent of the data subject.
The processing of personal data – such as a data subject’s name, address, email address or telephone number – is always carried out in accordance with the General Data Protection Regulation and in compliance with the country-specific data protection regulations applicable to yourdata GmbH. Through this privacy policy, our company aims to inform the public about the nature, scope and purpose of the personal data we collect, use and process. Furthermore, this privacy policy informs data subjects of their rights.
As the data controller, yourdata GmbH has implemented numerous technical and organisational measures to ensure the most comprehensive possible protection of the personal data processed via this website.
The privacy policy of yourdata GmbH is based on the terminology used by the European legislators and regulators when enacting the General Data Protection Regulation (GDPR). Our privacy policy is intended to be easy to read and understand for the general public as well as for our customers and business partners. To ensure this, we would like to explain the terminology used at the outset.
In this privacy policy, we use the following terms, amongst others:
a) Personal data
Personal data is any information relating to an identified or identifiable natural person (hereinafter referred to as the ‘data subject’). A natural person is regarded as identifiable if they can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier 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
A data subject is any identified or identifiable natural person whose personal data is processed by the controller.
c) Processing
Processing means any operation or set of operations which is carried out on personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, distribution or any other form of making available, the matching or linking, the restriction, erasure or destruction.
d) Restriction of processing
Restriction of processing means the marking of stored personal data with the aim of restricting its future processing.
e) Profiling
Profiling means any form of 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 concerning that natural person’s work performance, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
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 use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.
g) Controller
The controller is the natural or legal person, public authority, agency or 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 law or the law of the Member States, the controller or the specific criteria for its designation may be provided for by Union law or the law of the Member States.
h) Data processor
A data processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
i) Recipient
A recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, irrespective of whether or not they are a third party. However, public authorities which may receive personal data in the course of a specific investigation mandate under Union law or the law of the Member States shall not be regarded as recipients.
j) Third party
A third party is a natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons authorised to process the personal data under the direct responsibility of the controller or the processor.
k) Consent
Consent means any freely given, specific, informed and unambiguous indication of the data subject’s wishes, by a statement or by a clear affirmative action, by which the data subject signifies their agreement to the processing of personal data relating to them.
The data controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union, and other provisions relating to data protection is:
yourdata GmbH
Büchsenstr. 28
70174 Stuttgart
Germany
Tel.: +49 711 490 448 11
Email: info@yourdata.de
Website: www.yourdata.de
The data protection officer of the data controller is:
Mr Matthias Walliser, Dipl.-Ing. (BA)
Certified Data Protection Officer (udis)
walliser consulting gmbh
Altenwaldstr. 8
72768 Reutlingen
Tel. +49 7121 69 702 27
Email: beratung@walliser-datenschutz.de
Website: www.walliser-datenschutz.de
Any data subject may contact our Data Protection Officer directly at any time with any questions or suggestions regarding data protection.
The websites of yourdata GmbH use cookies. Cookies are text files that are placed and stored on a computer system via a web browser.
Numerous websites and servers use cookies. Many cookies contain what is known as a cookie ID. A cookie ID is a unique identifier for the cookie. It consists of a string of characters that enables websites and servers to associate the cookie with the specific web browser in which it was stored. This enables the websites and servers visited to distinguish the data subject’s individual browser from other web browsers that contain different cookies. A specific web browser can be recognised and identified via the unique cookie ID.
By using cookies, yourdata GmbH can provide users of this website with more user-friendly services that would not be possible without the use of cookies.
Cookies enable us to optimise the information and content on our website to suit the user’s needs. As already mentioned, cookies allow us to recognise users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, a user of a website that uses cookies does not have to re-enter their login details every time they visit the website, as this is handled by the website and the cookie stored on the user’s computer system. Another example is the shopping basket cookie in an online shop. The online shop uses a cookie to remember the items a customer has placed in their virtual shopping basket.
The data subject may prevent our website from setting cookies at any time by adjusting the settings of their web browser accordingly, thereby permanently objecting to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via a web browser or other software programmes. This is possible in all common web browsers. If the data subject disables the setting of cookies in their web browser, it may not be possible to use all the functions of our website to their full extent.
The yourdata GmbH website collects a range of general data and information each time a data subject or an automated system accesses the website. This general data and information is stored in the server’s log files. The following may be recorded: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (known as the referrer), (4) the sub-pages on our website accessed via an accessing system, (5) the date and time of access to the website, (6) an Internet Protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) other similar data and information used for security purposes in the event of attacks on our information technology systems.
When using this general data and information, yourdata GmbH does not draw any conclusions about the data subject. Rather, this information is required in order to (1) deliver the content of our website correctly, (2) optimise the content of our website and the advertising displayed on it, (3) ensure the ongoing functionality of our IT systems and the technology underpinning our website, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber attack. This anonymously collected data and information is therefore analysed by yourdata GmbH, on the one hand, for statistical purposes and, on the other hand, with the aim of enhancing data protection and data security within our company, in order to ultimately ensure an optimal level of protection for the personal data we process. The anonymous data from the server log files is stored separately from any personal data provided by a data subject.
The data subject has the option of registering on the data controller’s website by providing personal data. The personal data transmitted to the data controller in the process is determined by the relevant input form used for registration. The personal data entered by the data subject is collected and stored exclusively for internal use by the data controller and for its own purposes. The data controller may arrange for the data to be passed on to one or more data processors, such as a parcel delivery service, which will also use the personal data exclusively for internal purposes attributable to the data controller.
Furthermore, when a user registers on the data controller’s website, the IP address assigned by the data subject’s internet service provider (ISP), as well as the date and time of registration, are stored. This data is stored on the grounds that this is the only way to prevent the misuse of our services, and that, where necessary, this data enables us to investigate criminal offences that have been committed. In this respect, the storage of this data is necessary to safeguard the data controller. As a general rule, this data is not disclosed to third parties, unless there is a legal obligation to do so or the disclosure serves the purposes of criminal prosecution.
The registration of the data subject, involving the voluntary provision of personal data, enables the data controller to offer the data subject content or services which, by their very nature, can only be made available to registered users. Registered users are free to amend the personal data provided at the time of registration at any time or to have it completely deleted from the data controller’s database.
The data controller shall, upon request, provide any data subject at any time with information regarding which personal data relating to them is stored. Furthermore, the data controller shall rectify or erase personal data at the request or upon notification by the data subject, provided that this does not conflict with any statutory retention obligations. All employees of the data controller are available to the data subject as points of contact in this regard.
In accordance with legal requirements, the yourdata GmbH website contains information that enables users to contact our company quickly by electronic means and to communicate directly with us, including a general electronic mail address (e-mail address). If a data subject contacts the data controller by email or via a contact form, the personal data provided by the data subject is stored automatically. Such personal data, provided voluntarily by a data subject to the data controller, is stored for the purposes of processing the enquiry or contacting the data subject. This personal data is not disclosed to third parties.
The data controller shall process and store the data subject’s personal data only for the period necessary to fulfil the purpose of storage, or insofar as this is provided for by the European legislative and regulatory authorities or by another legislator in laws or regulations to which the data controller is subject.
If the purpose of storage ceases to apply or if a retention period prescribed by the European legislative and regulatory authorities or another competent legislator expires, the personal data will be routinely blocked or erased in accordance with the statutory provisions.
a) Right to confirmation
Every data subject has the right, as granted by the European legislator, to request confirmation from the controller as to whether personal data concerning them is being processed. Should a data subject wish to exercise this right to confirmation, they may contact a member of staff of the controller at any time.
b) Right of access
Every data subject affected by the processing of personal data has the right, as granted by the European legislator, to obtain from the controller, free of charge, information at any time regarding the personal data stored about them and a copy of that information. Furthermore, the European legislator has granted the data subject the right to obtain the following information:
- the purposes of the processing
- the categories of personal data being processed
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular where recipients are in third countries or are international organisations
- where possible, the envisaged period for which the personal data will be stored, or, if this is not possible, the criteria used to determine that period
- the existence of a right to rectification or erasure of personal data concerning them, or to restriction of processing by the controller, or a right to object to such processing
- the existence of a right to lodge a complaint with a supervisory authority
- where the personal data are not collected from the data subject: any available information as to the source of the data
- the existence of automated decision-making, including profiling, in accordance with Article 22(1) and (4) of the GDPR and — at least in such cases — meaningful information about the logic involved, as well as the significance and the intended consequences of such processing for the data subject
Furthermore, the data subject has the right to be informed as to whether personal data has been transferred to a third country or to an international organisation. Where this is the case, the data subject is also entitled to be informed of the appropriate safeguards relating to the transfer.
Should a data subject wish to exercise this right, they may contact a member of staff of the data controller at any time.
c) Right to rectification
Any data subject whose personal data is being processed has the right, as granted by the European legislator, to request the immediate rectification of inaccurate personal data concerning them. Furthermore, the data subject has the right, taking into account the purposes of the processing, to request that incomplete personal data be completed — including by means of a supplementary statement.
If a data subject wishes to exercise this right to rectification, they may contact a member of staff of the data controller at any time.
d) Right to erasure (right to be forgotten)
Any data subject affected by the processing of personal data has the right, as granted by the European legislator, to request that the controller erase personal data relating to them without delay, provided that one of the following grounds applies and insofar as the processing is not necessary:
- The personal data has been collected or otherwise processed for purposes for which it is no longer necessary.
- The data subject withdraws their consent on which the processing was based pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR, and there is no other legal basis for the processing.
- The data subject objects to the processing pursuant to Article 21(1) of the GDPR, and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
- The personal data has been processed unlawfully.
- The erasure of the personal data is necessary for compliance with a legal obligation under Union law or the law of the Member States to which the controller is subject.
- The personal data was collected in relation to information society services offered in accordance with Article 8(1) of the GDPR.
If any of the above reasons apply and a data subject wishes to request the erasure of personal data stored by yourdata GmbH, they may contact a member of staff of the data controller at any time. The member of staff at yourdata GmbH will ensure that the request for erasure is complied with without delay.
If the personal data has been made public by yourdata GmbH and our company, as the data controller, is obliged to erase the personal data in accordance with Article 17(1) of the GDPR, yourdata GmbH shall take appropriate measures, including technical measures, taking into account the available technology and the costs of implementation, to inform other data controllers who are processing the published personal data that the data subject has requested that these other data controllers delete all links to this personal data or any copies or replicas of this personal data, insofar as the processing is not necessary. The employee of yourdata GmbH will take the necessary steps on a case-by-case basis.
e) Right to restriction of processing
Any data subject whose personal data is being processed has the right, as granted by the European legislator, to request that the controller restrict the processing if any of the following conditions are met:
- The data subject disputes the accuracy of the personal data, for a period enabling the controller to verify the accuracy of the personal data.
- The processing is unlawful; the data subject objects to the erasure of the personal data and instead requests that the use of the personal data be restricted.
- The controller no longer requires the personal data for the purposes of the processing, but the data subject requires it to establish, exercise or defend legal claims.
- The data subject has objected to the processing pursuant to Article 21(1) of the GDPR, and it has not yet been determined whether the controller’s legitimate grounds override those of the data subject.
Where any of the above conditions are met and a data subject wishes to request the restriction of personal data stored by yourdata GmbH, they may contact a member of staff of the data controller at any time. The member of staff at yourdata GmbH will arrange for the processing to be restricted.
f) Right to data portability
Any data subject affected by the processing of personal data has the right, as granted by European legislation, to receive the personal data concerning them, which they have provided to a controller, in a structured, commonly used and machine-readable format. They also have the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, provided that the processing is based on consent pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR or on a contract pursuant to Article 6(1)(b) of the GDPR, and the processing is carried out by automated means, provided that the processing is not 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 portability in accordance with Article 20(1) of the GDPR, the data subject has the right to have their personal data transmitted directly from one controller to another, provided that this is technically feasible and does not adversely affect the rights and freedoms of others.
To exercise the right to data portability, the data subject may contact a member of staff at yourdata GmbH at any time.
g) Right to object
Any data subject affected by the processing of personal data has the right, granted by the European legislator, to object at any time, on grounds relating to their particular situation, to the processing of personal data concerning them which is carried out on the basis of Article 6(1)(e) or (f) of the GDPR. This also applies to profiling based on these provisions.
In the event of an objection, yourdata GmbH will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing is necessary for the establishment, exercise or defence of legal claims.
Where yourdata GmbH processes personal data for the purposes of direct marketing, the data subject has the right to object at any time to the processing of personal data for the purposes of such marketing. This also applies to profiling insofar as it is related to such direct marketing. If the data subject objects to yourdata GmbH regarding processing for the purposes of direct marketing, yourdata GmbH will no longer process the personal data for these purposes.
Furthermore, the data subject has the right to object, on grounds relating to their particular situation, to the processing of personal data concerning them carried out by yourdata GmbH for scientific or historical research purposes or for statistical purposes in accordance with Article 89(1) of the GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.
To exercise the right to object, the data subject may contact any member of staff at yourdata GmbH or another member of staff directly. The data subject is also free, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise their right to object by means of automated procedures using technical specifications.
h) Automated individual decision-making, including profiling
Every data subject whose personal data is being processed 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 them or similarly significantly affects them, 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 Member State law to which the controller is subject, and that law provides for appropriate measures to safeguard the rights and freedoms and legitimate interests of the data subject; or (3) is based on the data subject’s explicit consent.
If the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is it made with the data subject’s explicit consent, yourdata GmbH shall take appropriate measures to safeguard the data subject’s rights and freedoms as well as their legitimate interests, including at least the right to obtain human intervention on the part of the controller, to express their point of view and to contest the decision.
If the data subject wishes to exercise rights relating to automated decision-making, they may contact a member of staff of the data controller at any time.
i) Right to withdraw consent under data protection law
Any data subject whose personal data is being processed has the right, granted by the European legislator, to withdraw their consent to the processing of personal data at any time.
If the data subject wishes to exercise their right to withdraw consent, they may contact a member of staff of the data controller at any time.
The data controller collects and processes applicants’ personal data for the purpose of managing the recruitment process. This processing may also be carried out electronically. This is particularly the case where an applicant submits their application documents to the data controller electronically, for example by email or via a web form on the website. If the data controller enters into an employment contract with an applicant, the data provided will be stored for the purpose of managing the employment relationship in accordance with the relevant legal provisions. If the data controller does not enter into an employment contract with the applicant, the application documents will be automatically deleted two months after notification of the rejection decision, provided that no other legitimate interests of the data controller preclude such deletion. Other legitimate interests in this context include, for example, a duty to provide evidence in proceedings under the General Equal Treatment Act (AGG).
a) Description and scope of data processing
This website uses the web analytics software Matomo (www.matomo.org) to collect and store data for marketing and optimisation purposes. Usage profiles are created from this data under a pseudonym; cookies are used for this purpose. The data collected using Matomo technology (including your anonymised IP address) is transmitted to our server and stored for the purpose of analysing usage, which helps us to optimise the website. The information generated by the cookie in the pseudonymous user profile is not used to personally identify visitors to this website and is not combined with personal data relating to the holder of the pseudonym. You can enable the use of cookies – and thus participation in tracking – via the consent banner displayed at the top of the page.
b) Legal basis
The legal basis for the processing of users’ personal data is Article 6(1)(a) of the GDPR. Consent is given via the consent banner displayed at the top of the page.
c) Purpose of data processing
The processing of your personal data enables us to analyse our users’ browsing behaviour. By analysing the data collected, we are able to compile information on the use of the individual components of the website. This helps us to continuously improve the website and its user-friendliness. The anonymisation of the IP address ensures that users’ interests regarding the protection of their personal data are adequately safeguarded.
d) Duration of storage
The data will be deleted as soon as it is no longer required for the purposes for which it was recorded. This usually takes place after 6 months at the latest.
e) Right to object and option to delete
Cookies are stored on your computer and transmitted from it to our website. You therefore have full control over the use of cookies. By changing the settings in the consent banner, you can deactivate the transmission of cookies that you have enabled at any time. Any cookies already stored will then be deleted.
Further information on the privacy settings of the Matomo software can be found at the following link: https://matomo.org/docs/privacy/.
We use ‘Cloudflare Turnstile’, a service provided by Cloudflare Inc., 101 Townsend St., San Francisco, CA 94107, USA, to verify that data is being entered on our website by a human. Cloudflare Turnstile is a security and bot detection service.
This analysis begins automatically as soon as a website visitor accesses a website where Turnstile is enabled. For the purposes of this analysis, Turnstile evaluates various pieces of information (e.g. IP address, the length of time the visitor spends on the website, or the mouse movements made by the user). This analysis is used exclusively to detect automated access and is not carried out for marketing or analytical purposes. This analysis is used exclusively to detect automated access and is not carried out for marketing or analytical purposes.
Cloudflare receives the IP address, referrer URL and usage data. The purpose is to protect our website from misuse and spam. The legal basis is Article 6(1)(f) of the GDPR (legitimate interest in IT security).
EU Standard Contractual Clauses are in place; further information is available at https://www.cloudflare.com/de-de/privacypolicy/.
Data processing is based on standard contractual clauses, which can be found here: https://www.cloudflare.com/cloudflare-customer-scc/.
Further information on Cloudflare Turnstile can be found in the privacy policy at https://www.cloudflare.com/cloudflare-customer-dpa/.
Cloudflare is certified under the ‘EU-US Data Privacy Framework’ (DPF); see also: https://www.dataprivacyframework.gov/s/participant-search/participant-detail?contact=true&id=a2zt0000000GnZKAA0&status=Active .
Article 6(1)(a) of the GDPR serves as the legal basis for our company’s processing operations where we obtain consent for a specific purpose of processing. Where 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 required for the delivery of goods or the provision of other services or consideration – the processing is based on Article 6(1)(b) of the GDPR. The same applies to processing operations necessary for the implementation of pre-contractual measures, such as in cases of enquiries regarding our products or services. Where our company is subject to a legal obligation requiring the processing of personal data, such as to fulfil tax obligations, the processing is based on Article 6(1)(c) of the GDPR. Finally, processing operations may be based on Article 6(1)(f) of the GDPR. This legal basis applies to processing operations not covered by any of the aforementioned legal bases, where the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject do not override those interests. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this regard, the legislator took the view that a legitimate interest might be presumed where the data subject is a customer of the controller (Recital 47, second sentence, of the GDPR).
Where the processing of personal data is based on Article 6(1)(f) of the GDPR, our legitimate interest is the conduct of our business activities for the benefit of the well-being of all our employees and our shareholders.
The period for which personal data is stored is determined by the relevant statutory retention period. Once this period has expired, the relevant data is routinely deleted, provided it is no longer required for the performance of a contract or for entering into a contract.
We would like to inform you that the provision of personal data is, in some cases, required by law (e.g. tax regulations) or may also arise from contractual provisions (e.g. details of the contracting party). In some instances, it may be necessary for a data subject to provide us with personal data in order to conclude a contract, which we must then process. For example, the data subject is obliged to provide us with personal data when our company enters into a contract with them. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before providing personal data, the data subject must contact one of our staff members. Our staff member will explain to the data subject, on a case-by-case basis, whether the provision of personal data is required by law or under a contract, or is necessary for the conclusion of a contract; whether there is an obligation to provide the personal data; and what the consequences would be of failing to provide the personal data.
As a responsible company, we do not use automated decision-making or profiling.
This privacy policy was created using the privacy policy generator provided by DGD Deutsche Gesellschaft für Datenschutz GmbH, in cooperation with the data protection lawyers at the law firm WILDE BEUGER SOLMECKE | Rechtsanwälte.