Privacy Policy

Effective date: January 16, 2024

yWorks GmbH ("us", "we", or "our") operates the yWorks websites and web services (hereinafter referred to as the "Service").

This page informs you of our policies regarding the collection, use and disclosure of personal data when you use our Service and the choices you have associated with that data.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible from https://www.yworks.com

Definitions

Service

Service are the websites and web services operated by yWorks GmbH

Personal Data

Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).

Usage Data

Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

Cookies

Cookies are small files stored on your device (computer or mobile device).

Data Controller

Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed. For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.

Data Processors (or Service Providers)

Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.

Data Subject (or User)

Data Subject is any living individual who is using our Service and is the subject of Personal Data.

Name and Address of the Controller

Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:

yWorks GmbH

vor dem Kreuzberg 28

72070 Tübingen, Germany

WWW: https://www.yWorks.com
email: contact@yWorks.com

phone: +49 7071 9709050
fax: +49 7071 9709051

Data Protection Officer

Data Protection Officer

c/o yWorks GmbH

vor dem Kreuzberg 28

72070 Tübingen, Germany
email: dpo@yWorks.com

Each data subject may at any time contact our data protection officer directly with all questions and suggestions regarding data protection.

Information Collection and Use

We collect several different types of information for various purposes to provide and improve our Service to you.

Types of Data Collected

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:

• Email address
• First name and last name
• Cookies and Usage Data

Usage Data

We may also collect information on how the Service is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

Due to security reasons, especially in order to prevent attacks targeting our web server, we will store this data for a short period of time. We cannot identify an individual person using this information. The data will be anonymized by shortening the IP address on the domain level. After this, it is not possible anymore to identify any user. Anonymized data will be used for statistical purposes. We do not compare this data to other databases and we do not forward it to any third parties, neither in total nor in part.

Tracking and Cookies

We use tracking technologies to track the activity on our Service and we hold certain information. We do not use so-called cookies for this purpose, though.

Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyse our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

• Session Cookies. We use Session Cookies to operate our Service.
• Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
• Security Cookies. We use Security Cookies for security purposes.
• Tracking Cookies are not used.

Use of Data

yWorks GmbH uses the collected data for various purposes:

• To provide and maintain our Service
• To notify you about changes to our Service
• To allow you to participate in interactive features of our Service when you choose to do so
• To provide customer support
• To gather analysis or valuable information so that we can improve our Service
• To monitor the usage of our Service
• To detect, prevent and address technical issues
• To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or inquired about unless you have opted not to receive such information

Legal Basis for Processing Personal Data under the General Data Protection Regulation (GDPR)

If you are from the European Economic Area (EEA), yWorks GmbH legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.

The collected data is processed by yWorks GmbH based on:

• Obtained consent for a specific purpose (Art. 6(1) lit. a GDPR).
• In order to fulfill a contract to which the data subject is party, e.g. technical support (Art. 6(1) lit. b GDPR).
• Legal obligations by which processing of personal data is required, e.g. tax obligations (Art. 6(1) lit. c GDPR).
• Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the aforementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. In this case our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.

Retention of Data

yWorks GmbH will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.

yWorks GmbH will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer periods.

Existence of automated decision-making

As a responsible company, yWorks GmbH does not use automatic decision-making or profiling.

Transfer of Data

Your information, including Personal Data, may be transferred to - and maintained on - computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.

If you are located outside Germany and choose to provide information to us, please note that we transfer the data, including Personal Data, to Germany and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

yWorks GmbH will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organisation or a country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure of Data

Legal Requirements

yWorks GmbH may disclose your Personal Data in the good faith belief that such action is necessary to:

• To comply with a legal obligation
• To protect and defend the rights or property of yWorks GmbH
• To prevent or investigate possible wrongdoing in connection with the Service
• To protect the personal safety of users of the Service or the public
• To protect against legal liability

Security of Data

The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

Our Policy on "Do Not Track" Signals under the California Online Protection Act (CalOPPA)

We do not support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.

You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

Your Data Protection Rights under the General Data Protection Regulation (GDPR)

yWorks GmbH aims to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Data.

If you wish to be informed about what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the following data protection rights:

The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.

The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.

The right to object. You have the right to object to our processing of your Personal Data.

The right of restriction. You have the right to request that we restrict the processing of your personal information.

The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.

The right to withdraw consent. You also have the right to withdraw your consent at any time where yWorks GmbH relied on your consent to process your personal information.

Please note that we may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

Service Providers

We may employ third party companies and individuals to facilitate our Service ("Service Providers"), provide the Service on our behalf, perform Service-related services or assist us in analysing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Hosting und Content Delivery Networks (CDN)

We host our website with IONOS SE, located at Elgendorfer Str. 57, 56410 Montabaur. When you visit our website, IONOS collects various logfiles, including your IP address. For more information, please refer to the IONOS privacy policy at https://www.ionos.de/terms-gtc/terms-privacy.

The use of IONOS is justified by Art. 6 para. 1 lit. f DSGVO, as we have a legitimate interest in presenting our website as reliably as possible.

IONOS utilizes the services of Cloudflare Inc., located at 101 Townsend St., San Francisco, CA 94107, USA, as a sub-processor.

Cloudflare provides a global content delivery network with DNS, which means that the transfer of information between your browser and our website is routed through Cloudflare's network. This allows Cloudflare to analyze data transactions between your browser and our website and act as a filter for potential malicious data traffic from the Internet.

The data transmission to the US is done in accordance with the Standard Contractual Clauses (SCC) of the European Commission. You can find more details about this at the following link: https://www.cloudflare.com/privacypolicy/.

To learn more about Cloudflare's security measures and data privacy policies, please visit: https://www.cloudflare.com/privacypolicy/.

Order processing

In order to ensure that our data processing activities comply with data protection regulations, we have entered into a contract for data processing with the aforementioned service provider.

This contract, which is required by data protection laws, ensures that the personal data of our website visitors is processed in accordance with our instructions and in compliance with the GDPR (General Data Protection Regulation).

Usage Analysis

We may use third-party Service Providers to monitor and analyse the use of our Service.

Matomo

On our website we use the open source web analysis tool Matomo to analyze user movements on our website for the purpose of improving our services.

Matomo does not set cookies on the user's computer for this purpose. The analysis is carried out using pseudonymised IP addresses in combination with a server-side parameter. This technique is used to record statistical data about visits and page views on out pages. It is not possible, however, to draw conclusions about the identity of individual users. Personal data is not collected. Matomo is hosted on our servers and does not transfer any data to servers outside the control of yWorks GmbH.

The data is collected to evaluate user movements on our websites in a privacy-friendly manner for the purpose of improving our services. You can opt of being tracked below:

Behavioral Remarketing

yWorks GmbH uses remarketing services to advertise on third party websites to you after you visited our Service. We and our third-party vendors use cookies to inform, optimise and serve ads based on your past visits to our Service.

Google Ads (AdWords)

Google Ads (AdWords) remarketing service is provided by Google Inc.

You can opt-out of Google Analytics for Display Advertising and customise the Google Display Network ads by visiting the Google Ads Settings page: https://www.google.com/settings/ads

Google also recommends installing the Google Analytics Opt-out Browser Add-on - https://tools.google.com/dlpage/gaoptout - for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

Google AdWords remarketing service is provided by Google Inc. 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, UNITED STATES.

Video Plugins

YouTube

This website links to videos which are hosted on YouTube. YouTube is an Internet video portal that enables video publishers to set video clips and other users free of charge, which also provides free viewing, review and commenting on them.

The operating company of YouTube is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, UNITED STATES. The YouTube, LLC is a subsidiary of Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, UNITED STATES.

The video clips will load only after actively clicking on them. This will ensure that no personal information is transferred to YouTube when you visit our website without watching a YouTube video. Only when you play a video, data is transferred. We have no influence on this data transfer.

Further information about YouTube may be obtained under https://www.youtube.com/intl/en-US/yt/about/.

YouTube's data protection provisions, available at https://www.google.com/intl/en/policies/privacy/, provide information about the collection, processing and use of personal data by YouTube and Google.

Vimeo

This website links to videos which are hosted on the video portal Vimeo. The operating company is Vimeo Inc., 555 West 18th Street, New York, New York 10011, USA.

The video clips will load only after actively clicking on them. In this process Vimeo obtains your IP address. This also applies if you are not logged in to Vimeo or do not have an account with Vimeo. The information collected by Vimeo is transmitted to the Vimeo server in the United States.

If you are logged in to your Vimeo account, you allow Vimeo to associate your surfing behavior directly with your personal profile. You can prevent this by logging out of your Vimeo account.

For more information on how to deal with user data, see the Vimeo Privacy Policy at https://vimeo.com/privacy.

Social Plugins

This website uses so-called "social plugins". These are the plugins of the services Twitter, LinkedIn, and Facebook. Through these plugins, data, including personal information, might be sent to the US service providers and may be used by them.

In order to prevent data from being transferred to the service providers without the user's knowledge, we use the so-called Shariff solution. This solution ensures that initially no personal data is passed on to the providers of the individual social plug-ins when you visit our website. Only when you click on one of the social plugins, data can be transmitted to the service provider and stored there.

More information about Shariff can be found on the provider's website (German): Heise Medien Gmbh & Co. KG: https://www.heise.de/ct/artikel/Shariff-Social-Media-Buttons-mit-Datenschutz-2467514.html

Once you click one of the social buttons data will be transferred to the following providers:

X, formerly known as Twitter

X remarketing service is provided by X Corp., 1355 Market Street, Suite 900, San Francisco, CA 94103, UNITED STATES.

You can opt-out from X's interest-based ads by following their instructions: https://support.twitter.com/articles/20170405

You can learn more about the privacy practices and policies of Twitter by visiting their Privacy Policy page: https://twitter.com/privacy

LinkedIn

LinkedIn is a service provided by LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA.

You can opt-out from LinkedIn’s interest-based ads by following their instructions: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out

You can learn more about the privacy practices and policies of LinkedIn by visiting their Privacy Policy: https://www.linkedin.com/legal/privacy-policy

Facebook

Facebook remarketing service is provided by Facebook Inc.

You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/policies/cookies

To opt-out from Facebook's interest-based ads, follow these instructions from Facebook: https://www.facebook.com/help/568137493302217

Facebook adheres to the Self-Regulatory Principles for Online Behavioural Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA https://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada https://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe https://www.youronlinechoices.eu/, or opt-out using your mobile device settings.

For more information on the privacy practices of Facebook, please visit Facebook's Data Policy: https://www.facebook.com/privacy/explanation

Error Monitoring

The application yEd Live and the demo applications (yFiles Online Demos) use the error monitoring service Sentry (Sentry, 1501 Mariposa St #408, San Francisco, CA 94107, USA), to improve the technical stability of our services by monitoring stability and identify code errors. Sentry is used solely for this purpose. No data will be used for advertising purposes. The collected data, e.g. hardware specifications or time of error are collected anonymously and without any personal data and will be deleted after error analysis. The data will be processed on our own servers.

In addition to that a script will be loaded from Sentry’s content delivery network (CDN). During this process the client IP address will be transferred. You will find further information in Sentry’s privacy policy: https://sentry.io/privacy/.

Customers and Evaluators

In order to be able to offer customers and evaluators the services agreed as part of contractual or pre-contractual measures (e.g. technical support), we store contact details such as email addresses up to one year after the end of the contractual relationship or the last contact.

In order to optimize our products for the benefit of our customers, we reserve the right to contact customers. This can also be done by a contractual partner, to whom the contact details will be passed on solely for this purpose. You can object to contacting and forwarding at any time in accordance with GDPR Art. 21 by sending an email to dpo@yWorks.com.

yEd Live

In addition to the previously mentioned points in this data protection guideline, it is important for users of the AI assisted graph generation feature in yEd Live to take note of the following: In order to utilize this feature, it is required that the entered data is transmitted to OpenAI for processing. To protect your privacy, please refrain from providing any customer information or personally identifiable information while using the feature. yEd Live can be used without any restrictions without this feature. Data transfer occurs only after the request has been submitted. For additional information on how OpenAI manages user data, please visit: https://openai.com/policies/privacy-policy.

In addition, we store the anonymized request on our services. The data is used in accordance with data protection regulations for the purpose of improving this feature.

Data Explorer

In addition to the previously mentioned points in this data protection guideline, it is important for users of the AI assisted graph generation feature in Data Explorer to take note of the following: In order to utilize this feature, it is required that the entered data along with the database schema is transmitted to OpenAI for processing. To protect your privacy, please refrain from providing any customer information or personally identifiable information while using the feature. Data Explorer can be used without any restrictions without this feature. Data transfer occurs only after the request has been submitted. For additional information on how OpenAI manages user data, please visit: https://openai.com/policies/privacy-policy.

In addition, we store the anonymized request on our services. The data is used in accordance with data protection regulations for the purpose of improving this feature.

App Generator

In addition to the previously mentioned points in this data protection guideline, it is important for users of the AI assisted project and template generation to take note of the following: In order to utilize this feature, it is required that data is transmitted to OpenAI for processing. For use of the AI assisted automatic template generation, an abstract representation of the loaded data is transmitted to create related template bindings. For use of the AI assisted project generation, the user request and contextual data (e.g. in case of Neo4j the database schema) is transmitted to create the App Generator project, however, no login credentials (e.g. in case of Neo4j the database login) are sent. To protect your privacy, please refrain from providing any customer information or personally identifiable information while using the feature. App Generator can be used without any restrictions without this feature. Data transfer occurs only after the request has been submitted. For additional information on how OpenAI manages user data, please visit: https://openai.com/policies/privacy-policy.

In addition, we store the anonymized request on our services. The data is used in accordance with data protection regulations for the purpose of improving this feature.

yFiles Dev Suite

In addition to the previously mentioned points in this data protection guideline, the yFiles dev suite contains tutorial videos that are hosted on the video portal Vimeo. The operating company is Vimeo Inc., 555 West 18th Street, New York, New York 10011, USA.

The video clips are embedded on the tutorial and demo sub pages of the yFiles Dev Suite. When you open such a page, Vimeo obtains your IP address. This also applies if you are not logged in to Vimeo or do not have an account with Vimeo. The information collected by Vimeo is transmitted to the Vimeo server in the United States.

If you are logged in to your Vimeo account, you allow Vimeo to associate your browsing behavior directly with your personal profile. You can prevent this by logging out of your Vimeo account.

For more information on how to deal with user data, see the Vimeo Privacy Policy at https://vimeo.com/privacy.

yWorks OpenAI GPTs and Connected Services

In addition to the points mentioned in our data protection guideline, we would like to bring to your attention some important information about the privacy and data handling while using the yWorks OpenAI GPTs and connected services:

When you make a request or provide an AI prompt, it is sent to our server, along with your IP address. However, please be assured that we take privacy seriously and handle this information securely.

To process your prompt, it is transmitted to OpenAI. We recommend reviewing OpenAI's privacy policy at https://openai.com/policies/privacy-policy to understand how they manage user data.

We store the diagram created from your prompt as an image, solely for the purpose of making it available to you. However, this image is deleted after a few minutes to protect your privacy.

Please note that apart from this, yWorks does not process any other data. To protect your privacy, please refrain from providing any customer information or personally identifiable information in your prompts.

Links to Other Sites

Our Service may contain links to other sites that are not operated by us. If you click a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children's Privacy

Our Service does not address anyone under the age of 18 ("Children").

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, please contact us:

• By email: dpo@yworks.com
• By visiting this page on our website: https://www.yworks.com/contact
• By phone: +49 7071 9709050
• By mail: yWorks GmbH Vor dem Kreuzberg 28 72070 Tübingen Germany