Privacy Policy

for customers, contractual partners, and prospects

Effective date: February 18, 2025

Welcome to yWorks GmbH ("us", "we", or "our"). As yWorks, we are committed to safeguarding your personal information as you engage with our products and services.

This document outlines our dedication to protecting the collection, use, and sharing of your data in relation to your purchases, updates, information requests, and software support interactions. Our aim is to enhance your experience and tailor our services to meet your needs.

Your use of our products and services signifies your acceptance of the procedures delineated in this policy. Any terminology not explicitly defined in this Privacy Policy is in line with the interpretations in our associated legal agreements.

Definitions

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).

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 engaging with our products and services, including customers making purchases, seeking updates, requesting information, or receiving software support. This encompasses any living person who is the focus of Personal Data within our operations.

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.

Data Collection and Use

This section describes the data collection and use of data of individuals who have purchased products or services from our company and have an active business relationship with us, entities with whom we have a legal agreement or contract in place for the provision of services, collaboration, or other related activities, and individuals who have shown interest in our products or services, but have not yet entered into a formal business relationship with us.

What data do we collect

We collect data from our customers, their employees and their sub contractors who use our products or services (e.g. work with our software library). We may collect and process various types of personal data for the purposes of providing our services. This may include but is not limited to contact details such as names, email addresses, and phone numbers, professional information such as job titles and company names, support messages, and access credentials for account management.

Purpose and Legal Base of Data Collection

We collect data in order to fulfill our contract, as well as for the processing of orders and maintaining the business relationship. (Art 6 lit. 1b, GDPR). Additionally, we collect data to comply with legal obligations (Art 6 lit. 1c, GDPR), or based on legitimate interests (Art 6 lit. 1f, GDPR).

Retention of Data

We will retain your personal data as long as the purpose for storage exists or, if you have the right to revoke consent, until you withdraw your consent. Storage may also occur if mandated by the European or national legislator in Union regulations, laws, or other provisions to which we are subject.

Transfer of Data

Some third-party providers, who offer services under contract, are based in countries that may have data protection laws different from those in your country of residence. When transferring data to countries outside the European Economic Area, the United Kingdom, or Switzerland, we use the European Commission approved standard contractual clauses for data protection, binding corporate rules for transfers to data processors, or other suitable legal mechanisms to ensure the transfer is safeguarded.

Disclosure of Data

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

Visitors of our Website

We collect addidional data from visitors of our website. You find information about the kind of data, purpose and legal base of data collection and retention and transfer of data here.

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).

Existence of automated decision-making

yWorks GmbH does not use automatic decision-making or profiling.

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.

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.

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.

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.

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