Privacy policy – Yellow Hearts

Person in charge

Samad Ghodrati Noushahr
Martinistr. 24
48268 Greven

Authorized representatives: Samad Ghodrati Noushahr

E-mail address: info@yellow-hearts.com

Phone: 0251 22 25 0

Imprint: https://www.yellow-hearts.com/imprint

Relevant legal bases

Relevant legal bases according to the GDPR: Below you will find an overview of the legal bases of the GDPR on the basis of which we process personal data. Please note that in addition to the regulations of the GDPR, national data protection regulations may apply in your or our country of residence or domicile. Furthermore, if more specific legal bases are relevant in individual cases, we will inform you of these in the privacy policy.

Consent (Art. 6 para. 1 sentence 1 lit. a) GDPR) – The data subject has given his or her consent to the processing of personal data concerning him or her for a specific purpose or purposes.
Performance of a contract and pre-contractual enquiries (Art. 6 para. 1 sentence 1 lit. b) GDPR) – The processing is necessary for the performance of a contract to which the data subject is a party or to take steps taken at the request of the data subject prior to entering into a contract.
Legitimate interests (Art. 6 para. 1 sentence 1 lit. f) GDPR) – The processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, unless such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require the protection of personal data.

National data protection regulations in Germany: In addition to the data protection regulations of the GDPR, national regulations on data protection apply in Germany. These include, in particular, the Act on Protection against Misuse of Personal Data in Data Processing (Federal Data Protection Act – BDSG). In particular, the BDSG contains special provisions on the right to information, the right to erasure, the right to object, the processing of special categories of personal data, processing for other purposes and transmission as well as automated decision-making in individual cases, including profiling. In addition, state data protection laws of the individual federal states can be applied.

Overview of processing

The following overview summarises the types of data processed and the purposes of their processing, and refers to the data subjects.

Types of data processed

Contact details.
Content Data.
Usage.
Meta, communication and procedural data.

Categories of data subjects

Communication.
User.

Purposes of processing

Provision of contractual services and customer service.
Contact requests and communication.
Security Measures.
Managing and responding to requests.
Feedback.
Provision of our online offer and user-friendliness.
Information technology infrastructure.

Safety measures

In accordance with the legal requirements, taking into account the state of the art, the implementation costs and the type, scope, circumstances and purposes of the processing, as well as the different probabilities of occurrence and the extent of the threat to the rights and freedoms of natural persons, we take appropriate technical and organisational measures to ensure a level of protection appropriate to the risk.

The measures include, in particular, safeguarding the confidentiality, integrity and availability of data by controlling physical and electronic access to the data, as well as access, input, disclosure, availability and separation. We have also put in place procedures to ensure that the rights of data subjects are exercised, that data is deleted and that data is endangered. Furthermore, we take the protection of personal data into account as early as the development or selection of hardware, software and processes in accordance with the principle of data protection, through technical design and through data protection-friendly default settings.

TLS encryption (https): In order to protect your data transmitted via our online offer, we use TLS encryption. You can recognize such encrypted connections by the prefix https:// in the address bar of your browser.

International data transfers

Data processing in third countries: If we process data in a third country (i.e. outside the European Union (EU), the European Economic Area (EEA)) or if the processing takes place in the context of the use of third-party services or the disclosure or transfer of data to other persons, bodies or companies, this will only take place in accordance with the legal requirements.

Subject to explicit consent or contractually or legally required transfer (see Art. 49 GDPR), we only process or have the data processed in third countries with a recognised level of data protection (Art. 45 GDPR), in the presence of and compliance with contractual obligations through so-called standard protection clauses of the EU Commission (Art. 46 GDPR) or in the case of certifications or binding internal data protection regulations (see Art. 44 to 49 GDPR, Information page of the EU Commission: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection_de).

Trans-Atlantic Data Privacy Framework (TADPF): As part of the so-called “Data Privacy Framework” (DPF), the level of data protection has also been recognized in the EU for certain companies from the USA. The list of certified companies as well as further information on the DPF can be found on the website of the US Department of Commerce at https://www.dataprivacyframework.gov/. Information in German and other languages can be found on the website of the EU Commission: https://commission.europa.eu/law/law-topic/data-protection/international-dimension-data-protection/eu-us-data-transfers_de We also inform you about the companies we use that are certified under the Data Privacy Framework.

Deletion of data

The data processed by us will be deleted in accordance with the legal requirements as soon as their consents to processing are revoked or other permissions cease to apply (e.g. if the purpose of the processing of this data has ceased to apply or it is not necessary for the purpose). Unless the data is deleted because it is necessary for other and legally permissible purposes, its processing will be limited to these purposes. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons or the storage of which is necessary for the assertion, exercise or defence of legal claims or for the protection of the rights of another natural or legal person.

Our data protection notice may also contain further information on the retention and deletion of data, which applies primarily to the respective processing.

Rights of data subjects

Rights of data subjects under the GDPR: As data subjects, you have various rights under the GDPR, which result in particular from Art. 15 to 21 GDPR:

Right to object: You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you that is carried out on the basis of Art. 6 (1) (e) or (f) GDPR; this also applies to profiling based on these provisions. If the personal data concerning you is processed for the purpose of direct marketing, you have the right to object at any time to the processing of the personal data concerning you for the purpose of such marketing; this also applies to profiling, insofar as it is related to such direct advertising.
Right of revocation in the case of consent: You have the right to revoke any consent you have given at any time.
Right: You have the right to request confirmation as to whether the data in question is being processed and to obtain information about this data, as well as further information and a copy of the data in accordance with the legal requirements.
Right to rectification: In accordance with the legal requirements, you have the right to request the completion of the data concerning you or the correction of the incorrect data concerning you.
Right to erasure and restriction of processing: In accordance with the legal requirements, you have the right to demand that data concerning you be deleted immediately, or alternatively to demand a restriction of the processing of the data in accordance with the legal requirements.
Right to data portability: You have the right to receive data concerning you that you have provided to us in a structured, commonly used and machine-readable format in accordance with the legal requirements or to request its transmission to another controller.
Complaint to supervisory authority: Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, your place of work or the place of the alleged infringement, if you believe that the processing of personal data concerning you violates the requirements of the GDPR.

Use of cookies

Cookies are small text files or other memory notes that store information on end devices and read information from the end devices. For example, to store the login status in a user account, a shopping cart content in an e-shop, the accessed content or the functions used in an online offer. Cookies can also be used for various purposes, e.g. for the purposes of functionality, security and comfort of online offers as well as for the creation of analyses of visitor flows.

Notes on consent: We use cookies in accordance with the legal regulations. Therefore, we obtain prior consent from users, unless this is not required by law. In particular, consent is not necessary if the storage and reading of the information, i.e. also of cookies, is absolutely necessary in order to provide the users with a telemedia service (i.e. our online offer) that they expressly request. Strictly necessary cookies usually include cookies with functions that serve the display and functionality of the Online Offering, load balancing, security, the storage of Users’ preferences and choices, or similar purposes related to the provision of the main and ancillary functions of the Online Offering requested by the Users. The revocable consent is clearly communicated to the users and contains the information on the respective use of cookies.

Information on data protection legal bases: The legal basis on which we process users’ personal data with the help of cookies depends on whether we ask users for consent. If the users consent, the legal basis for the processing of their data is the declared consent. Otherwise, the data processed with the help of cookies will be processed on the basis of our legitimate interests (e.g. in the business operation of our online offer and improvement of its usability) or, if this is done in the context of the fulfilment of our contractual obligations, if the use of cookies is necessary to fulfil our contractual obligations. We will explain the purposes for which we process cookies in the course of this privacy policy or as part of our consent and processing processes.

Storage period: With regard to the storage period, the following types of cookies are distinguished:

Temporary cookies (also: session or session cookies): Temporary cookies are deleted at the latest after a user has left an online offer and closed their device (e.g. browser or mobile application).
Persistent cookies: Permanent cookies remain stored even after the end device is closed. For example, the login status can be saved or preferred content can be displayed directly when the user visits a website again. Likewise, the user data collected with the help of cookies can be used to measure reach. Unless we provide users with explicit information about the type and storage period of cookies (e.g. as part of obtaining consent), users should assume that cookies are permanent and that the storage period can be up to two years.

General information on revocation and objection (so-called “opt-out”): Users can revoke the consent they have given at any time and object to the processing in accordance with the legal requirements. To this end, users can, among other things, restrict the use of cookies in the settings of their browser (although this may also limit the functionality of our online offer). An objection to the use of cookies for online marketing purposes can also be declared via the websites https://optout.aboutads.info and https://www.youronlinechoices.com/.

Legal bases: Legitimate interests (Art. 6 para. 1 sentence 1 lit. f) GDPR); consent (Art. 6 para. 1 sentence 1 lit. a) GDPR).

Further information on processing processes, procedures and services:

Processing of cookie data on the basis of consent: We use a cookie consent management procedure within the framework of which the consent of the users to the use of cookies, or the processing and providers mentioned in the context of the cookie consent management procedure, can be obtained, as well as managed and revoked by the users. In this case, the declaration of consent is stored in order not to have to repeat its query again and to be able to prove consent in accordance with the legal obligation. The storage can take place on the server side and/or in a cookie (so-called opt-in cookie, or with the help of comparable technologies) in order to be able to assign the consent to a user or his device. Subject to individual information on the providers of cookie management services, the following information applies: The duration of the storage of consent can be up to two years. In this case, a pseudonymous user identifier is formed and stored at the time of consent, information on the scope of the consent (e.g. which categories of cookies and/or service providers) as well as the browser, system and device used; Legal bases: consent (Art. 6 para. 1 sentence 1 lit. a) GDPR).

Provision of the online offer and web hosting

We process users’ data in order to be able to provide them with our online services. For this purpose, we process the user’s IP address, which is necessary to transmit the content and functions of our online services to the user’s browser or device.

Types of data processed: Usage data (e.g. websites visited, interest in content, access times); Meta, communication and procedural data (e.g. IP addresses, times, identification numbers, consent status).
Data subjects: Users (e.g. website visitors, users of online services).
Purposes of processing: Provision of our online offer and user-friendliness; Information technology infrastructure (operation and provision of information systems and technical devices (computers, servers, etc.)); Security measures; Provision of contractual services and customer service.
Legal bases: Legitimate interests (Art. 6 para. 1 sentence 1 lit. f) GDPR).

Further information on processing processes, procedures and services:

Provision of online offer on rented storage space: For the provision of our online offer, we use storage space, computing capacity and software that we rent or otherwise obtain from a corresponding server provider (also called “web host”); Legal bases: Legitimate interests (Art. 6 para. 1 sentence 1 lit. f) GDPR).
Collection of access data and log files: Access to our online offer is logged in the form of so-called “server log files”. The server log files can include the address and name of the websites and files accessed, date and time of access, data volumes transferred, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page) and, as a rule, IP addresses and the requesting provider.The server log files can be used for security purposes, e.g. to avoid overloading the servers (especially in the case of abusive attacks, so-called DDoS attacks) and to ensure the load on the servers and their stability; Legal bases: Legitimate interests (Art. 6 para. 1 sentence 1 lit. f) GDPR); Deletion of data: Log file information is stored for a maximum period of 30 days and then deleted or anonymized. Data whose further retention is necessary for evidentiary purposes is exempt from deletion until the respective incident has been finally clarified.
1&1 IONOS: Services in the field of the provision of information technology infrastructure and related services (e.g. storage space and/or computing capacities); Service provider: 1&1 IONOS SE, Elgendorfer Str. 57, 56410 Montabaur, Germany; Legal bases: Legitimate interests (Art. 6 para. 1 sentence 1 lit. f) GDPR); Website: https://www.ionos.de; Privacy Policy: https://www.ionos.de/terms-gtc/terms-privacy; Data Processing Agreement: https://www.ionos.de/hilfe/datenschutz/allgemeine-informationen-zur-datenschutz-grundverordnung-dsgvo/auftragsverarbeitung/.

Contact and Enquiry Management

When contacting us (e.g. by post, contact form, e-mail, telephone or via social media) as well as in the context of existing user and business relationships, the information of the enquiring persons will be processed insofar as this is necessary to answer the contact enquiries and any measures requested.

Types of data processed: Contact details (e.g. e-mail, telephone numbers); Content data (e.g. entries in online forms); Usage data (e.g. websites visited, interest in content, access times); Meta, communication and procedural data (e.g. IP addresses, times, identification numbers, consent status).
Data subjects: Communication.
Purposes of processing: Contact requests and communication; Managing and responding to requests; Feedback (e.g. collecting feedback via online form); Provision of our online offer and user-friendliness.
Legal bases: Legitimate interests (Art. 6 para. 1 sentence 1 lit. f) GDPR); Performance of a contract and pre-contractual enquiries (Art. 6 para. 1 sentence 1 lit. b) GDPR).

Further information on processing processes, procedures and services:

Contact: If users contact us via our contact form, e-mail or other communication channels, we process the data provided to us in this context to process the request communicated; Legal bases: Performance of a contract and pre-contractual enquiries (Art. 6 para. 1 sentence 1 lit. b) GDPR), legitimate interests (Art. 6 para. 1 sentence 1 lit. f) GDPR).

Modification and update of the Privacy Policy

We ask you to regularly inform yourself about the content of our privacy policy. We will adapt the privacy policy as soon as the changes in the data processing we carry out make it necessary. We will inform you as soon as the changes require you to cooperate (e.g. consent) or other individual notification.

If we provide addresses and contact information of companies and organizations in this privacy policy, please note that the addresses may change over time and please check the information before contacting us.

Definitions

This section provides an overview of the terminology used in this Privacy Policy. Insofar as the terms are defined by law, their legal definitions shall apply. The following explanations, on the other hand, are primarily intended to serve understanding.

Personal data: “Personal data” means any information relating to an identified or identifiable natural person (hereinafter “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, an online identifier (e.g. a cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Person in charge: “Controller” means 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.
Processing: “Processing” means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means. The term is far-reaching and encompasses practically any handling of data, be it collection, evaluation, storage, transmission or deletion.