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Privacy policy of YouSellWeSend

Status: 29.05.2020

The following data protection provisions apply to the online offering at www.yousellwesend.de. In this context, we collect personal data if you visit us on our website and if you use our customer portal.

Data protection information in connection with the visit to our website

Responsible entity

The responsible party is YouSellWeSend GmbH, Högerdamm 41, 20097 Hamburg, Germany.

Phone: +49 40 303832570, o. hereafter “YSWS” or “we” or “us”.

Collection, processing and use of personal data

General

Personal data is any information relating to an identified or identifiable natural person (e.g. name, address, telephone number, date of birth or e-mail address).

In principle, you can use our online services without providing personal data. However, the use of certain services may require the provision of personal data, e.g. registration or participation in a competition. Mandatory data is regularly marked with an *.

Processing purposes

We process your personal data for the following purposes:

  • Provision of this online offer. (Legal basis: fulfillment of contract)
  • Processing of contact requests (legal basis: fulfillment of contract)
  • For the functionality and optimization of the website (legal basis is the legitimate interest of us to constantly improve the quality of the website and to ensure ease of use).
  • Analysis of the website to determine user behavior and, if necessary, play out interest-based advertising (legal basis is consent.);
  • Sending a newsletter with the consent of the recipient by e-mail or SMS/MMS. (Legal basis: fulfillment of contract)

Disclosure of data to third parties; service providers

Disclosure of data to third parties

As a matter of principle, we will only disclose your personal data to third parties if this is necessary for the performance of the contract, if we or the third party have a legitimate interest in the disclosure, or if we have your consent to do so. If data is transferred to third parties on the basis of a legitimate interest, this will be explained in these data protection provisions.

In addition, data may be transferred to third parties if we are required to do so by law or by enforceable governmental or court order.

Service provider

We reserve the right to use service providers for the collection or processing of data. Service providers only receive the personal data from us that they require for their specific activities. For example, your e-mail address may be passed on to a service provider so that they can deliver a newsletter that you have ordered. Service providers may also be commissioned to provide server capacity. Service providers are usually integrated as so-called order processors, who may only process personal data of the users of this online offer according to our instructions.

Transfer of data to non-EEA countries.

In cases where personal data is transferred to countries that do not offer the same level of protection as within the European Union and you have not expressly consented to the transfer of your data to those countries through your consent, we will ensure that certain contractual obligations under applicable data protection law (including the execution of the European Union standard contractual clauses approved by the European Commission) are agreed with each service provider, unless we can rely on other legal bases for the transfer of personal data.

Duration of storage; retention periods.

We store your data for as long as this is necessary for the provision of our online offer and the associated services or we have a legitimate interest in the continued storage. In all other cases, we delete your personal data with the exception of data that we must retain in order to comply with contractual or statutory (e.g., tax or commercial) retention periods (e.g., invoices). Contractual retention periods may also result from contracts with third parties (e.g. holders of copyrights and ancillary copyrights).

We block data that is subject to a retention period until the period expires.

Log files

Every time you use the Internet, certain information is automatically transmitted by your Internet browser and stored by us in so-called log files.

The log files are stored by us exclusively for the investigation of malfunctions and security reasons (e.g. for the clarification of attempted attacks) for 7 to 10 days and then deleted. Log files whose further storage is required for evidentiary purposes are exempt from deletion until the final clarification of the respective incident and may be passed on to investigating authorities in individual cases.

The following information in particular is stored in the log files:

  • IP address (Internet Protocol address) of the terminal device from which the online service is accessed;
  • Internet address of the website from which the online offer was accessed (so-called origin or referrer URL);
  • Name of the service provider used to access the online service;
  • Name of the retrieved files or information;
  • Date and time and duration of the retrieval;
  • volume of data transferred;
  • Operating system and information about the Internet browser used, including installed add-ons (e.g. for Flash Player);
  • http status code (e.g. “request successful” or “requested file not found”).


Calendly usage

On our website we provide a link to Calendly. Through this, we offer you the opportunity to arrange appointments with us. If you make use of the function, Calendly will receive personal data from you and may also use it for its own purposes. You can find out which personal data Calendly processes here: https://calendly.com/de/privacy

Please note that if you use Calendly, data may be transferred to an unsafe third country. Unfortunately, it is not technically possible to refuse this processing. If you do not want Calendly to collect data about you and use it for its own purposes, you should not use Calendly.

Cookies and other tracking technologies

In addition to the processing of personal data listed above, cookies and other tracking technologies are stored on your terminal device during or even after your visit to yousellwesend.de. Cookies are small text files that are sent when a website is visited and stored in the user’s browser. If the corresponding Internet page is called up again, the user’s browser sends back the content of the cookies and thus enables recognition of the user. Third-party technologies such as scripts, pixels and tags that www.yousellwesend.de embeds on www.yousellwesend.de for advertising purposes also set cookies on your terminal device. Certain cookies are automatically deleted at the end of the browser session (so-called session cookies), others are stored for a specified time or permanently in the user’s browser and then delete themselves automatically (so-called temporary or permanent cookies).

What cookies do we use in general?
Depending on their function and purpose, cookies are divided into different categories by yousellwesend.de.

“Essential” cookies
Certain cookies are required so that we can provide our online offer in a secure and
user-friendly online offer. This category includes, for example

  • Cookies that serve to identify or authenticate our users,
  • Cookies to ensure the security of the information technology systems,
  • Cookies for abuse prevention,
  • Cookies that temporarily store certain user input

These cookies allow you to safely navigate our website and use the features as desired. Without these cookies, essential services of yousellwesend.de could not be provided. We only use these cookies when you visit our website. They are usually deleted after you close your browser. In addition, these cookies are used to retrieve the optimized website display when accessed with a mobile device, so that your data volume is not unnecessarily consumed. The legal basis is our legitimate interest and the user of our website that yousellwesend.de can be used safely and easily manageable and that the quality of our website and content is constantly improved. No consent is required for the use of “essential” cookies. They cannot be deactivated. You can find an overview and more detailed information about the “Essential” cookies we use here.

“Statistics” cookies
“Statisitk” cookies allow us to record the usage behavior (e.g. advertising banners clicked, subpages visited, search queries made) of our users. In doing so, we collect information about how users interact with our website. This allows us to see which pages have been visited and to get a complete picture of user activity on our website. This category includes, for example

  • Cookies to create personalized content profiles,
  • Cookies to select personalized content,
  • Cookies to measure content performance.

The purpose in using “statistics” cookies is to improve the performance of the website and to tailor yousellwesend.de to the needs of users in order to make www.yousellwesend.de more user-friendly. We also need statistical information about the use of our online offer and therefore take range measurements, which we evaluate in statistical form and thus obtain market-wide comparable values. In this context, we create usage profiles with the help of cookies or by evaluating log files. As a rule, we either do not use the IP addresses of users at all or shorten them immediately after collection. Useful functions can also be ensured by “statistics” cookies. Such cookies are only used if the corresponding function has been activated or requested by you. Since we would like to offer you a website that is designed for optimal user-friendliness, “statistics cookies” are usually activated as soon as you visit our website. However, you can deactivate these cookies at any time – either via the buttons provided or via the settings in your browser. Data collected using “statistics” cookies cannot be used to identify you personally or to track your activities on other websites. The legal basis for the use of “statistics” cookies is, on the one hand, the legitimate interest of yousellwesend.de to gain knowledge about the market value of the website in direct comparison with third-party websites. The legitimate interest also results from the economic usability of the findings resulting from the range measurement. On the other hand, the legal basis is your consent. This applies, for example, to the formation of user categories, which form the basis for the interest-based targeting of advertising media or advertising measures. You can find an overview and more detailed information about the “statistics” cookies we use here. For tools that work with opt-out cookies, it should be noted that the opt-out function is device- or browser-related and generally only applies to the end device or browser currently in use. If you use multiple devices or browsers, you must set the opt-out on each individual device and in each browser used.

“External media” cookies
We also use cookies for advertising purposes Legal basis for the processing of personal data in connection with “cookies”.

  • Insofar as we obtain the consent of the data subject for processing operations of personal data, Art. 6 para. 1 lit. a EU General Data Protection Regulation
    (DSGVO) serves as the legal basis.
  • When processing personal data that is required for the fulfillment of the contractual relationship with www.yousellwesend.de, Art. 6 (1) lit. b DSGVO serves as the legal basis. This also applies to processing operations that are necessary for the implementation of pre-contractual measures.
  • When processing personal data that is required for the fulfillment of the contractual relationship with www.yousellwesend.de, Art. 6 (1) lit. b DSGVO serves as the legal basis. This also applies to processing operations that are necessary for the implementation of pre-contractual measures.

If the legal basis is your consent, you are entitled to revoke your consent at any time without affecting the lawfulness of the processing carried out on the basis of the consent until revocation. If the legal basis is the legitimate interest, you are also generally entitled to object to the processing of personal data concerning you at any time for reasons arising from your particular situation. In this respect, Art. 21 DSGVO applies.

How can you manage, prevent or delete cookies?
www.yousellwesend.de offers you the possibility within the framework of a consent management (“Cookie Banner”) to decide on the setting of cookies according to your specifications. You have the option at any time to change the decision made there and, for example, to subsequently revoke any consent given. You can access the settings options for this here. We use Borlabs Coockie for consent management. Borlabs Coockie collects log file data and consent data using JavaScript. This JavaScript allows us to inform users about their consent to certain cookies and other technologies on our website and to collect, manage and document this consent. You can permanently prevent JavaScript from running at any time by making appropriate settings in your browser, which would also prevent Usercentrics from running the JavaScript. For more information about Borlabs Coockie’s privacy practices, please visit https://de.borlabs.io/datenschutz/. You can manage (enable/disable and delete) cookie settings on our website using the features mentioned above, but also by changing your browser settings. Most browsers allow you to manage your cookies by either accepting or rejecting all cookies or by only agreeing to certain types of cookies. The procedure for managing and deleting cookies can be found in under the help function of your browser. If you change your cookie settings, certain cookies will be blocked. You may then not be able to take full advantage of some features of our website. Also, we may not be able to provide some content that you have previously viewed or used.

Cookies and tracking mechanisms in particular
Here you will find a complete overview of all cookies and tracking mechanisms used on our website. In addition to the name of each cookie and other tracking mechanism, we have also listed the purpose of use and important notes here. For more information and assistance related to web tracking mechanisms, please visit www.YourOnlineChoices.com.

Google Analytics
In particular, we also have your user data processed by means of Google Analytics. Google Analytics is operated by Google LLC., which may also result in the transmission of data to the USA. The data processing carried out here is essentially carried out by Google. Google does not process your data anonymously. We also do not know which data Google processes for which purpose. Google may use your data for its own purposes, such as profiling, and may link it to other data, such as Google accounts. In addition to Google, government authorities may also have access to this data. We use Google Analytics with the additional function offered by Google to anonymize IP addresses: In this case, the IP address is usually already shortened by Google within the EU and only in exceptional cases in the USA and stored in shortened form. You can object to the collection or analysis of your data by this tool by downloading and installing the browser plugin available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de


User rights

Data subject rights

You have a right to information and – under certain conditions – to rectification, deletion, restriction of processing or objection to the processing of your personal data as well as to data portability.

You may also object at any time to the processing of your personal data for promotional purposes. („Advertising contradiction „). Bitte berücksichtigen Sie, dass es aus organisatorischen Gründen zu einer Überschneidung zwischen Ihrem Widerruf und der Nutzung Ihrer Daten im Rahmen einer bereits laufenden Kampagne kommen kann.

Provided that you send us a Consent to processing of your data, you can revoke this at any time with effect for the future. The legality of the processing of your data until the revocation remains unaffected.

Please use the information under Contact to assert your rights. In doing so, please ensure that we are able to clearly identify you.

Right of complaint to the supervisory authority

You have the right to file a complaint with a data protection authority. To do so, you can contact the data protection authority responsible for your place of residence or your federal state or the data protection authority responsible for us. This is:

The Hamburg Commissioner for Data Protection and Freedom of Information.

Ludwig-Erhard-Strasse 22

20459 Hamburg

Contact

For information and suggestions on the subject of data protection, we or our data protection officer are available to you at the e-mail address datenschutz@4elements-gruppe.de gladly at your disposal.

If you would like to contact us, you can reach us as follows:

YouSellWeSend GmbH, ℅ 4elements management GmbH, Högerdamm 41, 20097 Hamburg, Germany.

Phone: +49 40 303832570

Our data protection officer is Dr. Stefanie Wegener. She can be reached as follows: swegener@ra-wegener.de

Appendix: Technical notes

Internet Explorer: Instruction under https://support.microsoft.com/de-de/topic/l%C3%B6schen-und-verwalten-von-cookies-168dab11-0753-043d-7c16-ede5947fcac64d#ie=ie-11-win-7
Mozilla Firefox: Instruction under https://support.mozilla.org/de/kb/cookies-erlauben-und-ablehnen
Google Chrome: Instruction under https://support.google.com/chrome/answer/95647
Safari: Instruction under http://help.apple.com/safari/mac/8.0/#/sfri11471

Data protection information in connection with the use of the customer portal

Responsible entity
The responsible party is YouSellWeSend GmbH, Högerdamm 41, 20097 Hamburg, Germany.
Phone: +49 40 303832570, o. hereinafter “YSWS” or “we” or “us”.

Collection, processing and use of personal data

Personal data is any information relating to an identified or identifiable natural person (e.g. name, address, telephone number, date of birth or e-mail address). When we process personal data, this means that we collect, store, use, transmit to others or delete this data, for example. Yousellwesend.de collects and processes your personal data
exclusively in the following cases:

  • If you sign up for a test account and then test Yousellwesend.de;
  • If you as a customer use the customer portal of Yousellwesend.de. The provision of your personal data in the context of the conclusion and existence of the contractual relationship with Yousellwesend.de is voluntary. However, for the use of the customer portal of Yousellwesend.de it is necessary that you provide personal data. If you do not want Yousellwesend.de to process personal data from you, Yousellwesend.de will not be able to provide its services in the customer portal as stated in the General Terms and Conditions. Which data Yousellwesend.de collects in detail, please refer to the following statements.

What data does Yousellwesend.de collect from its customers to fulfill the contractual relationship?

In order for Yousellwesend.de to provide the services described in more detail in the General Terms and Conditions, it is necessary to process the personal data described below, among other things, as part of the
within the framework of the registration process.

Registration process
When initially registering free of charge for a test account, the user is asked to enter his e-mail address and a password. If the user registers as a customer, the following personal data will be stored
data is stored:

  • Company name, name, position, e-mail address, phone number

Processing purposes
We process your personal data for the following purposes:

  • Provision of a test account for testing the customer portal.
  • Provision of our customer portal as described in the GTC for use. (Legal basis: fulfillment of contract)
  • Processing of contact requests (legal basis: fulfillment of contract)
  • For the functionality and optimization of the website (legal basis is the legitimate interest of us to constantly improve the quality of the website and to ensure ease of use).
  • Analysis of the website to determine user behavior (in this respect, see the explanations here).

Disclosure of data to third parties; service providers

Disclosure of data to third parties
As a matter of principle, we will only disclose your personal data to third parties if this is necessary for the performance of the contract, if we or the third party have a legitimate interest in the disclosure, or if we have your consent to do so. If data is transferred to third parties on the basis of a legitimate interest, this will be explained in these data protection provisions.

In addition, data may be transferred to third parties if we are required to do so by law or by enforceable governmental or court order.

Service provider
We reserve the right to use service providers for the collection or processing of data. Service providers only receive the personal data from us that they require for their specific activities. For example, your e-mail address may be passed on to a service provider so that they can deliver a newsletter that you have ordered. Service providers may also be commissioned to provide server capacity. Service providers are usually integrated as so-called order processors, who may only process personal data of the users of this online offer according to our instructions.

Transfer of data to non-EEA countries
In cases where personal data is transferred to countries that do not offer the same level of protection as within the European Union and you have not expressly consented to the transfer of your data to those countries through your consent, we will ensure that certain contractual obligations under applicable data protection law (including the execution of the European Union standard contractual clauses approved by the European Commission) are agreed with each service provider, unless we can rely on other legal bases for the transfer of personal data.

Duration of storage; retention periods
We store your data for as long as this is necessary to provide the contractual relationship and the associated services or we have a legitimate interest in continuing to store it. In all other cases, we delete your personal data, with the exception of data that we must retain in order to comply with contractual or statutory (e.g., tax or commercial) retention periods (e.g., invoices). We block data that is subject to a retention period until the period expires.

Log files
Each time you use the Internet, certain information is automatically transmitted by your Internet browser and stored by us in so-called log files. You can see the data collected by us in this respect here.

User rights

Data subject rights
You have a right to information and – under certain conditions – to correction, deletion, restriction of processing or objection to the processing of your personal data as well as to data portability. You can also object at any time to the processing of your personal data for advertising purposes (“advertising objection”). Please take into account that, for organizational reasons, there may be an overlap between your revocation and the use of your data in the context of an already ongoing campaign. If you have given us consent to process your data, you can revoke this at any time with effect for the future. The lawfulness of the processing of your data until the revocation remains unaffected.

Please use the information under Contact to assert your rights. In doing so, please ensure that we are able to clearly identify you.

Right of complaint to the supervisory authority

You have the right to file a complaint with a data protection authority. To do so, you can contact the data protection authority responsible for your place of residence or your federal state or the data protection authority responsible for us. This is:
The Hamburg Commissioner for Data Protection and Freedom of Information.
Ludwig-Erhard-Strasse 22
20459 Hamburg

Contact
For information and suggestions on the subject of data protection, we or our data protection officer will be pleased to be at your disposal at the following e-mail address: datenschutz@4elements-gruppe.de. If you would like to contact us, you can reach us as follows: YouSellWeSend GmbH, ℅ 4elements management GmbH, Högerdamm 41, 20097 Hamburg, Germany, phone: +49 (0) 40 303832550.
Our data protection officer is Dr. Stefanie Wegener. She can be reached as follows: swegener@ra-wegener.de

Important