Privacy Policy

German version can be found here

Fine Yellow UG (haftungsbeschränkt) (“fineyellow”) is committed to protecting your privacy when you access and use the fineyellow Sites and use and/or receive the fineyellow Services and to ensure the security and integrity of your personal data in accordance with applicable data protection laws.

Personal data means any information relating to an identified or identifiable natural person.

This Privacy Policy governs the websites of fineyellow including api.fineyellow.com (“fineyellow Sites”) and the applications and services offered by or related to fineyellow (“fineyellow Services”). It gives details of what data is collected by and/or provided to fineyellow when accessing and using the fineyellow Sites and using and/or receiving the fineyellow Services, how fineyellow may store and use such personal data and what rights you have as a data subject regarding your personal data.

A. DATA CONTROLLER

The data controller for the processing of personal data is

Fine Yellow UG (haftungsbeschränkt)

Greifswalderstr. 203

10405 Berlin

assunta@fineyellow.com

For further information on this Privacy Policy and for exercising your statutory data protection rights laid down in Section H of this Privacy Policy, you may contact fineyellow under the aforementioned contact details.

B. COLLECTION OF PERSONAL DATA

fineyellow collects your personal data when

  • you use the fineyellow Sites or use and/or receive the fineyellow Services,
  • you contact fineyellow via any means, including via phone, email, social media or contact forms,
  • you disclose or submit information via channels operated by fineyellow (including the fineyellow Sites and the fineyellow Services, blogs and community forums) or register for or log-in to such channels operated by fineyellow, and
  • when third parties (e. g. business partners, resellers, subcontractors) provide fineyellow your personal data in accordance with applicable data protection laws.

C. TYPES OF DATA COLLECTED

fineyellow may collect the following data of you:

  • Contact Data: Personal information such as name, address, telephone number, email address, birth date, company information and employment status.
  • Contract Data: Information relating to any contract between you and fineyellow such as customer numbers, contract numbers and contractual dates.
  • Transaction Data: Details about transactions made between you and fineyellow.
  • Payment Data: Information such as bank account data and credit card data.
  • Preferences: Information regarding how you wish to interact with fineyellow such as information regarding how you wish to be contacted by fineyellow and how you wish to use and/or receive the fineyellow Services.
  • Input Data: Information you provide when you contact fineyellow or information you disclose or submit within channels operated by fineyellow (including the fineyellow Sites, the fineyellow Services, blogs and community forums) or when you register for or log-in to such channels operated by fineyellow.
  • Usage Data: Information about how you use and interact on the fineyellow Sites and in relation to the fineyellow Services such as type, IP address, IP location and unique device identifiers of your internet access device, information on browser type and version, information on browser plug-in types and versions, log-in data, mobile network information, time zone settings, operating system and platform, URL clickstream to, through and from the fineyellow Sites and fineyellow Services, length and time of visit to the fineyellow Sites and use of fineyellow Services, information on what features of the fineyellow Sites and fineyellow Services are being used, interactions with user interfaces, page interactions including scrolling and mouseovers.

D. PURPOSES OF PROCESSING | LEGAL BASIS OF PROCESSING |
LEGITIMATE INTERESTS

fineyellow will only process your personal data insofar as such processing is permissible under applicable laws.

The following table describes for what purposes and on what specific legal basis fineyellow processes your personal data and – where the processing is based on Art. 6 (1) f) of the EU General Data Protection Regulation (GDPR) – gives details about fineyellow’s legitimate interests for such processing:

Purpose of Processing Legal Basis Legitimate Interests
Specific purposes chosen by you Art. 6 (1) a) GDPR n/a
Providing marketing information and communication regarding any services of fineyellow, including newsletters Art. 6 (1) a) GDPR n/a
Verification of your identity for the use of certain fineyellow Sites and the use of certain fineyellow Services Art. 6 (1) a) GDPR n/a
Fulfilling fineyellow’s obligations under contracts entered between you and fineyellow (including any contract regarding the fineyellow Services), performing such contracts and taking necessary steps requested by you before entering into such contract Art. 6 (1) b) GDPR n/a
Complying with a statutory duty or an order of a competent court or public authority Art. 6 (1) c) GDPR n/a
Providing the possibility to be contacted for any reason and to be able to respond to enquiries and feedback Art. 6 (1) a) GDPR Art. 6 (1) b) GDPR Art. 6 (1) f) GDPR To ensure fineyellow’s availability for any requests
Providing the fineyellow Sites and the fineyellow Services for the public and for registered users Art. 6 (1) b) GDPR Art. 6 (1) f) GDPR To inform about and carry out the business activities of fineyellow
Enabling and maintaining the functionality of the fineyellow Sites and the fineyellow Services Art. 6 (1) b) GDPR Art. 6 (1) f) GDPR To inform about and carry out the business activities of fineyellow
Ensuring the usability of the fineyellow Sites and the fineyellow Services Art. 6 (1) b) GDPR Art. 6 (1) f) GDPR To ensure, that the fineyellow Sites and the fineyellow Services can be used in a suitable manner
Continuous optimization of the fineyellow Sites and the fineyellow Services Art. 6 (1) b) GDPR Art. 6 (1) f) GDPR To ensure, that the fineyellow Sites and the fineyellow Services remain innovative, up to date and can be used in a suitable manner
Analyzing and monitoring the use of the fineyellow Sites and the fineyellow Services Art. 6 (1) b) GDPR Art. 6 (1) f) GDPR To understand and meter how the fineyellow Sites and the fineyellow Services are used in order to recognize any faults and disruptions, to enhance their functionality and to improve user experience
Ensuring the overall system security, health and stability of the fineyellow Sites and the fineyellow Services Art. 6 (1) b) GDPR Art. 6 (1) c) GDPR Art. 6 (1) f) GDPR To provide the fineyellow Sites and the fineyellow Services free from errors and defects and to ensure their security
Preventing unauthorized or unlawful use of and access to the fineyellow Sites and the fineyellow Services Art. 6 (1) c) GDPR Art. 6 (1) f) GDPR To protect your data and your interests, to ensure the security of the fineyellow Sites and fineyellow Services and to protect fineyellow’s business activities, business interests, intellectual property and other rights of fineyellow
Safeguarding and defending fineyellow’s vital interests and exercising any rights and asserting any claims fineyellow may have Art. 6 (1) f) GDPR To protect fineyellow’s business activities, business interests, intellectual property and other rights of fineyellow and to safeguard any rights and remedies available to fineyellow

The respective legal basis mentioned in the above table is further described as follows:

  • Art. 6 (1) a) GDPR: You have given your consent to the processing of your personal data by fineyellow.
  • Art. 6 (1) b) GDPR: The processing by fineyellow is necessary for the performance of a contract to which you are a party or in order to take steps at your request prior to entering into such contract.
  • Art. 6 (1) c) GDPR: The processing is necessary for fineyellow to comply with its legal obligations.
  • Art. 6 (1) f) GDPR: The processing is necessary to pursue fineyellow’s or a third party’s legitimate interests, except where your interests or fundamental rights and freedoms which require protection of personal data override such legitimate interests.

E. USE OF COOKIES

fineyellow uses cookie technology on the fineyellow Sites. When you access and use the fineyellow Sites, a cookie may be placed within the memory of your internet access device. A cookie is a small piece of data containing alphanumerical information that a fineyellow Site can store via your internet access device for later retrieval. fineyellow uses such cookies to provide you with a personalised and improved user experience.

The fineyellow Sites use both transient cookies and persistent cookies.

  • Transient cookies: Transient cookies are automatically deleted upon closing of your browser. Such transient cookies also include, in particular, session cookies. Session cookies contain a session identifier, allowing different requests from your browser to be assigned to your particular browsing session and will allow your internet access device to be recognised upon your return to the fineyellow Sites.
  • Persistent cookies: Persistent cookies will be automatically deleted after a specified period of time, which may vary depending on the type of cookie placed. fineyellow may use persistent cookies to help fineyellow to track use of the fineyellow Sites, such as the number and frequency of visits to the fineyellow Sites and which parts of the fineyellow Sites are visited.

Many browsers accept cookies per default. However, your browser settings can be configured in order to prevent the storage of cookies. You may also delete cookies placed by the fineyellow Sites at any time within your browser settings. Deactivating the storage of or deleting cookies may limit the functionality of the fineyellow Sites.

F. RECIPIENTS OF PERSONAL DATA | THIRD-PARTY SERVICES

fineyellow will not sell, license, rent or trade your personal data. fineyellow will not otherwise disclose your personal data except as described within this Privacy Policy.

To facilitate the purposes for processing your personal data (as described in Section D of this Privacy Policy), fineyellow may disclose your personal data with the following third parties in connection with services that these third parties perform for, or with, fineyellow, always provided that these third parties are restricted from using such personal data in any way other than to provide services for fineyellow:

  • Email service providers,
  • processing facility providers,
  • infrastructure providers,
  • data platform providers,
  • data storage providers,
  • learning system management providers,
  • single sign on solution providers,
  • billing solution providers,
  • communication and messaging solution providers,
  • marketing automation technology providers, and
  • data analytics providers.

fineyellow may also disclose your personal data to third parties, if required by law, e.g. in order to respond to a court or government request.

Integrated Third-Party Services
fineyellow uses Google Analytics on the fineyellow Sites, a cookie-based web analytics service provided by Google, LLC. The information generated by the cookie about your use of the fineyellow Sites is usually transmitted to a Google server in the USA and stored there. As “IP anonymisation” is activated for the fineyellow Sites, any collected IP address will be truncated by Google within the European Union or within the European Economic Area before being transmitted to a Google server in the US, and only in exceptional cases will your full IP address be transmitted to a Google server in the US and be truncated there. Google will use this information on fineyellow’s behalf to analyse the use of the fineyellow Sites, to compile reports on website activity and to provide services to fineyellow related to the use of the fineyellow Sites. According to Google’s terms, the IP address transmitted by a browser in the context of Google Analytics will not be merged with other data of Google. Your browser settings can be configured in order to prevent the storage of cookies. Deactivating the storage of cookies may limit the functionality of the fineyellow Sites. Transmission of the data generated by the cookie and relating to the usage of the fineyellow Sites (incl. your IP address) to Google as well as the processing of these data by Google can be prevented by downloading and installing the browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout. Information on the data use and retention practices of Google and its affiliates and subsidiaries can be found within the Google Privacy Policy. Google, LLC has joined the EU-US Privacy Shield.
fineyellow uses Hotjar on the fineyellow Sites, a service provided by Hotjar, Ltd. Hotjar analyses user motion on the fineyellow Sites and creates patterns (so-called heatmaps), providing the possibility to better understand user behaviour. Hotjar collects certain data described in section C of this Privacy Policy by using tracking-codes and cookies and saves them into an anonymised user profile on behalf of fineyellow. Your browser settings can be configured in order to prevent the storage of cookies. Deactivating the storage of cookies may limit the functionality of the fineyellow Sites. Transmission of the data generated by the cookie and relating to the usage of the fineyellow Sites (incl. your IP address) to Hotjar as well the processing of these data by Hotjar can be prevented by following the instructions under the following link: https://www.hotjar.com/opt-out. Information on the data use and retention practices of Hotjar can be foun within the Hotjar Privacy Policy.
fineyellow uses Google AdWords Conversion on the fineyellow Sites, a service provided by Google, LLC. By using a tracking code and a cookie on the fineyellow Sites, it can be determined whether you have been forwarded to the fineyellow Sites by clicking on content on pages of Google and which actions you perform thereafter. The usage data obtained in this way is evaluated by Google on behalf of fineyellow. Google AdWords Conversion enables fineyellow to evaluate the success of individual advertising measures on Google’s sites, to make the fineyellow Site and fineyellow Services more appealing and to dynamically adjust them to your preferences. If you are logged into a Google service with a user profile, Google may also associate your visit to the fineyellow Sites with such user profile. Your browser settings can be configured in order to prevent the storage of cookies. Deactivating the storage of cookies may limit the functionality of the fineyellow Sites. You may also opt-out this tracking process by opting out of interest-based advertising from Google at https://youradchoices.com/. Information on the data use and retention practices of Google can be found within the Google Privacy Policy.
fineyellow uses Facebook-Pixel on the fineyellow Sites, a service provided by Facebook, Inc. By using an invisible pixel and a cookie on the fineyellow Sites, it can be determined whether you have been forwarded to the fineyellow Sites by clicking on content on pages of Facebook and/or Instagram and which actions you perform thereafter. Facebook-Pixel enables fineyellow to evaluate the success of individual advertising measures on Facebook and Instagram, to make the fineyellow Site and fineyellow Services more appealing and to dynamically adjust them to your preferences. If you are logged into a Facebook or Instagram service with a user profile, Facebook may also associate your visit of the fineyellow Sites with such user profile. Your browser settings can be configured in order to prevent the storage of cookies. Deactivating the storage of cookies may limit the functionality of the fineyellow Sites. You may also opt-out this tracking process by opting out of interest-based advertising from Facebook at [opt-out link]. Information on the data use and retention practices of Facebook can be found can be found within the Facebook Privacy Policy.
fineyellow uses Pinterest Conversion Tag on the fineyellow Sites, a service provided by Pinterest, Ltd. By using an invisible pixel and a cookie on the fineyellow Sites, it can be determined whether you have been forwarded to the fineyellow Sites by clicking on content on pages of Pinterest and which actions you perform thereafter. The usage data obtained in this way is evaluated by Pinterest on behalf of fineyellow. If you are logged into a Pinterest service with a user profile, Pinterest may also associate your visit of the fineyellow Sites with such user profile. Your browser settings can be configured in order to prevent the storage of cookies. Deactivating the storage of cookies may limit the functionality of the fineyellow Sites. You may also opt-out this tracking process by opting out of interest-based advertising from Pinterest at [opt-out link coming soon]. Information on the data use and retention practices of Pinterest can be found can be found within the Pinterest Privacy Policy.
fineyellow uses Facebook Login by Facebook, Inc. and Sign in with Twitter by Twitter, Inc. These tools enable fineyellow to verify your identity for the use of certain fineyellow Sites and fineyellow Services by means of existing Facebook or Twitter profiles, without leading you through a separate registration process. You may initiate the respective login process by clicking on the Facebook Login or Sign in with Twitter button. After entering your login data, a connection will be established between your Facebook or Twitter profile and the fineyellow Sites. Depending on your personal privacy settings with Facebook and Twitter, these providers may transfer publicly accessible data of your respective profile (such as name, profile picture, age, gender, user name and user ID) to fineyellow. Certain usage data as described in Section C of this Privacy Policy may also be transmitted to Facebook or Twitter. Information on the data use and retention practices of Facebook and Twitter can be found within the Facebook Privacy Policy and the Twitter Privacy Policy.
The fineyellow Sites use embedded videos offered by YouTube, a service of YouTube, LLC. fineyellow has activated the “extended data protection mode” offered by YouTube. According to YouTube, data will therefore only be transferred to YouTube when an embedded video is played. I you play these videos, YouTube may collect certain usage data as described in Section C of this Privacy Policy and other information about your use of the video. If you are logged into a YouTube service with a user profile, YouTube may also associate such information with such user profile. Information on the data use and retention practices of YouTube can be found within the Google Privacy Policy.
To send out emails to you, fineyellow uses MailChimp, a service of Rocket Science Group, LLC. Your email address and other data described in section C of this Privacy Policy may be transmitted to a MailChimp server in the USA and stored there. In order to analyse the behaviour of recipients, the collected data is used by MailChimp on behalf of fineyellow. Among others this allows fineyellow to optimise its emails for advertising purposes. According to MailChimp, MailChimp may use parts of such data to improve its own service. Information on the data use and retention practices of MailChimp can be found within the MailChimp Privacy Policy. Rocket Science Group has joined the EU-US-Privacy Shield.

G. RETENTION TIME

Your personal data collected by fineyellow is stored for the time necessary for the purposes for which such data has been collected (as outlined in Section D of this Privacy Policy) and/or as long as fineyellow has a legitimate interest to store such data. fineyellow also stores your personal data as long as required by law or pursuant to a court order or an order of a public authority. If necessary, fineyellow stores your personal data until the expiry of applicable limitation periods in order to be able to assert any legal claims we may have.

H. DATA SUBJECT RIGHTS

You have the following rights under the GDPR with regards to the processing of your personal data:

  • The right to obtain confirmation as to whether or not your personal data is being processed and, where that is the case, access to such personal data and certain relevant information. Such information includes, inter alia, the purposes of processing, the categories of personal data concerned, and the recipients or categories of recipients to whom the personal data is been or will be disclosed (Art. 15 GDPR). Please note that the rights and freedoms of other individuals may restrict your right of access.
  • The right to obtain the rectification and completion of your personal data, where such data is inaccurate or incomplete (Art. 16 GDPR).
  • The right to obtain the erasure of your personal data without undue delay under certain circumstances (“right to be forgotten”) (Art. 17 GDPR).
  • The right to obtain the restriction of processing of your personal data under certain circumstances (Art. 18 GDPR).
  • The right to receive your personal data in a structured, commonly used and machine-readable format and the right to transmit such data to another controller without hindrance from fineyellow (Art. 20 GDPR).
  • The right to object to the processing of your personal data in certain circumstances, where the processing is based on legitimate interests of fineyellow pursuant to Art. 6 (1) f) GDPR or such personal data is processed for direct marketing purposes (Art. 21 GDPR).
  • The right to withdraw, at any time, any consent you had previously provided to fineyellow regarding fineyellow’s processing of your personal data. Such withdrawal will not affect the lawfulness of the processing prior to your withdrawal.

To exercise the above rights, please contact fineyellow (see Section A of this Privacy Policy).

Irrespective of the above rights, you have the right to lodge a complaint with a competent supervisory authority.

I. DATA SECURITY

fineyellow has established a privacy program designed to help protect your personal data. fineyellow maintains reasonable administrative and technical safeguards intended to protect against the loss, misuse, unauthorised access, alteration, or disclosure of your personal data. All data is securely stored and can only be accessed by entitled employees of fineyellow on a “need to know basis”.

J. VERSION

This is the current version of fineyellow’s Privacy Policy. fineyellow may revise this Privacy Policy from time to time. Changes to this Privacy Policy will be made by updating this page and will be communicated to you, if required. Please check back regularly to see any updates made to this Privacy Policy.

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