Legal

The trade name “Yeesshh” refers to one or more legal entities, including subsidiaries, affiliates, and holding company Foamball holding SL, within Yeesshh Ltd, a limited liability company registered under the laws of Ireland. 

This Privacy Policy is part of the General Conditions for the use of Yeesshh.com. Personal information provided to Yeesshh through the website or other electronic means will be handled with utmost confidentiality. We are committed to protecting and respecting the privacy of our partners and their customers.

• About Yeesshh: Yeesshh is a service and brand of Yeesshh LTD.
• Yeesshh operates as a B2B service, collecting information from business partners (customers or providers) to conduct business. We do not collect personally identifiable data about ad viewers. We do collect non-personally identifiable data such as IP addresses, user agents, and other request headers to optimize ad delivery and prevent ad repetition.
• Rights of Affected Parties: Yeesshh is committed to respecting and facilitating the exercise of data protection rights, including access, rectification, cancellation, and opposition. These rights can be exercised by emailing info@yeesshh.com with a copy of your ID and specifying the desired action.
• Quality of the data: You are responsible for ensuring that the information provided to Yeesshh is true, accurate, and complete, and for keeping it updated. Providing false or incomplete information may prevent Yeesshh from operating with you. Yeesshh commits to using personal data only for specified purposes and not to unlawfully transfer it to third parties. The registration of your data using the signup form is mandatory, at least for those fields marked as such, and you have been informed and have provided your consent to the contents of this privacy policy.
• Security measures: Yeesshh guarantees the implementation of appropriate security measures to protect personal data in accordance with current legislation, preventing loss, misuse, alteration, unauthorized access, and theft.
• Commercial communications: Partners can opt-out of future commercial communications by emailing info@yeesshh.com or following the unsubscribe link in the communication. Accepting Yeesshh’s Privacy Policy means you consent to receive marketing emails from Yeesshh, which can be opted out of at any time using the provided link.

This Website uses cookies to enhance your browsing experience and comply with the latest European regulations. Below, we explain what cookies are, which ones we use, and how you can manage them.

• Cookies used: While visiting our Website, third-party cookies may be generated to customize applications and measure functionality. Yeesshh cannot access these third-party cookies, just as third parties cannot access the cookies used by Yeesshh. Visit the respective third-party websites to understand their cookie operations.
• Cookie Consent and Control:
  
  • Consent Management: Upon your first visit, you will be prompted to accept or reject cookies through a cookie consent banner. You can manage your preferences at any time.
  • Browser Settings: You can also manage cookie settings through your browser. Most browsers allow you to configure settings to enable or disable cookie storage or to reject cookies from specific sites.
• Types of Cookies
  • Essential Cookies: Necessary for the functioning of the website.
  • Performance Cookies: Collect information on how users interact with the website.
  • Functional Cookies: Enable improved functionality and personalization.
  • Targeting Cookies: Used for advertising and tracking user behavior.
• Contact: To obtain further information about this Privacy Policy or the use of cookies on our Website you can contact us at info@yeesshh.com

This Data Processing Agreement (DPA) is between the Partner and Yeesshh (as defined under the Terms and Conditions) and forms an integral part of the Terms and Conditions available at Yeesshh Legal and the user agreement at Yeesshh Advertiser Agreement (if applicable). Partner and Yeesshh are jointly referred to as the “Parties.” In the event of any conflict between this DPA and the Terms and Conditions, the terms of this DPA shall prevail. This Agreement applies to the extent that the EU Data Protection Law applies to the Processing of Personal Data under this Agreement, including if (a) the Processing is carried out in the context of the activities of an establishment of either Party in the European Economic Area (EEA), and/or (b) the Personal Data relates to Data Subjects in the EEA and the Processing relates to the offering of goods or services or monitoring behavior in the EEA.

• Definitions: “Controller” or “Data Controller” means the entity that determines the purposes and means of the Processing of Personal Data.“Processor” or “Data Processor” means the entity which Processes Personal Data on behalf of the Data Controller. “Data Subject” means the individual to whom Personal Data relates, including End Users.“End User” means the end user of an internet connected device, such as a visitor to a web page, a user of a mobile app, or a user of an IoT device, or a visitor on advertisement or campaign webpage.“GDPR” means Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (also known as “General Data Protection Regulation”).“Personal Data” means any information relating to an identified or identifiable person as defined in Article 4.1 of the GDPR.“Processing” means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction (“Process”, “Processes” and “Processed” shall have the same meaning).“Sub-Processor” means any Data Processor engaged by the Processor.“Services” means services provided by the Yeesshh in accordance with the general legal terms mentioned above.
• Processing of personal data: Under this DPA, with respect to Personal Data, the Partner is the Data Controller or Processor, and Yeesshh is engaged by the Partner as a Processor. The terms of this Agreement apply to both roles of the Partner regarding the Processing of Personal Data. Within the scope of this DPA, the Partner engages Yeesshh to collect, process, and/or use Personal Data on the Partner’s behalf. Yeesshh will only Process Personal Data on the Partner’s behalf and in accordance with the Partner’s instructions. The instructions from the Partner to Process Personal Data include:

1. Processing Instructions:
   
   1. Processing shall be carried out in accordance with this DPA, the Terms and Conditions, and pursuant to the features and limitations of the applicable Services provided by Yeesshh to the Partner.
   2. Processing shall be carried out in compliance with other reasonable instructions provided by the Partner, consistent with the Terms and Conditions.

Yeesshh will be under no obligation to comply with instructions that Yeesshh deems as violating applicable laws. Yeesshh uses Personal Data solely to provide the Services in accordance with the Terms & Conditions, such as performing tracking services, serving End Users with interest-based advertising, measuring the effectiveness of advertising campaigns, and providing the Partner with advertising reports. On the Partner’s demand, Yeesshh may also combine Personal Data from different sources to improve Services and integrate Services with external platforms, all conducted on the Partner’s behalf.

Yeesshh also processes Personal Data on the Partner’s behalf for fraud prevention, bot detection, rating, analytics, viewability, and ad security services. Yeesshh may process data based on extracts of Personal Data in aggregated and non-identifiable forms, including for testing, development, control, and operation of the Services.

Types of Processed Data: Yeesshh may process the following information on the Partner’s behalf:

• IP addresses
• Language information
• Session-based browsing behavior
• Header information
• End User’s device-related data (type/model of device, operating system, wireless carrier)
• Geographical location (geo-location) of the device
• Cookies and advertising identifiers of the device
• Other information received from the Partner or third parties engaged by Yeesshh on the Partner’s behalf, such as non-precise device location based on IP address, device specifications, and user interest information.

The Partner authorizes Yeesshh to store and use cookies or pixel tags on the End User’s device to perform Services. Without derogating from any of the obligations of the Partner hereunder, the Partner shall not provide Yeesshh with:

1. Data that identifies an individual, such as name, address, phone number, email address.
2. Data regarding children or any special categories of personal data as defined under Article 9 of the GDPR, except as expressly agreed in writing between the Parties and in accordance with the applicable law.

This type of data is not necessary to use Yeesshh’s Services. The Partner is responsible for ensuring their own compliance with various laws and regulations, including the GDPR. To the extent required under applicable law, the Partner shall provide an appropriate notice to Data Subjects about the Processing of their Personal Data in connection with the use of Services under this DPA and the legal terms and shall receive and document the Data Subjects’ consent where required by applicable law.

The Partner must also ensure that the End User is provided with clear and comprehensive information about cookies or other information on the End User’s device in connection with the use of Services by the Partner, and obtain consents if applicable. The Partner shall inform the End User about third-party cookies (or other tracking technologies) placed on the Partner’s site(s), specifying the purpose of these cookies (e.g., targeted advertising) and the type of data collected. The Partner shall inform End Users of options to deactivate Yeesshh’s cookies by including a link to Yeesshh’s legal terms in the privacy policy and when legally compulsory, providing appropriate notice, consent, and choice mechanisms that comply with relevant laws and regulations, including GDPR.

The Partner acknowledges and agrees that they retain sole responsibility for the lawfulness of the Processing and warrant to Yeesshh that they are legally allowed to engage Yeesshh to process Personal Data on their behalf. The Partner must provide all necessary notices and obtain all required consents from Data Subjects for the Processing described in this DPA.

Rights of Data Subjects Yeesshh shall notify the Partner via e-mail if it receives a request from a Data Subject regarding access to, correction, amendment, deletion of, or objection to the processing of that Data Subject’s Personal Data. Yeesshh shall not respond to any such Data Subject request without the Partner’s prior written consent, except to confirm that the request relates to the Partner. To the extent that the Partner responds to any such Data Subject request, Yeesshh shall provide the Partner, to the extent required by law, with commercially reasonable cooperation and assistance in handling the Data Subject’s request. Yeesshh reserves the right to charge additional fees for cooperation with the Partner regarding this DPA.

Yeesshh’s Staff Yeesshh shall ensure that its personnel engaged in the Processing of Personal Data are informed of the confidential nature of the Personal Data, have received appropriate training on their responsibilities, and are subject to obligations of confidentiality. Such obligations shall survive the termination of that individual’s engagement with Yeesshh. Yeesshh shall ensure that access to Personal Data is limited only to those members of personnel who require that access to fulfill Yeesshh’s obligations under the Terms and Conditions.

Security Pursuant to Article 28, Section 3(c) of the General Data Protection Regulation (GDPR), Yeesshh shall take the measures required by Article 32 of the GDPR. Yeesshh shall provide sufficient guarantees of implementing appropriate technical and organizational measures to ensure that the processing meets the requirements of the GDPR and ensures the protection of the rights of the Data Subject. Yeesshh imposes appropriate contractual obligations upon its personnel that engage in the Processing of Personal Data, including relevant obligations regarding confidentiality, data protection, and data security. Yeesshh ensures that its applicable personnel have been properly informed of the confidential nature of the Personal Data, have received appropriate training, and have executed written confidentiality agreements. Yeesshh will further ensure that such confidentiality agreements will survive the termination of employment or other engagement of its personnel.

Audit Rights To the extent that applicable law requires the Partner to monitor the adequate Processing of Personal Data, the Partner has the right to request an audit from Yeesshh to review whether Yeesshh and its Sub-Processors are compliant with the following regulations:

1. Any provisions of the law,
2. The terms of this DPA, and
3. The Partner’s instructions.

Yeesshh may provide the Partner with a copy of its most recent third-party audits or certifications issued by an independent, third-party auditor, as applicable, or any summaries thereof to fulfill the Partner’s audit rights. If an audit is required by law and its requirements cannot be fulfilled by the provision of such certification, the Partner may conduct an on-site audit of Yeesshh, either by the Partner or through a third-party independent contractor selected by the Partner at the Partner’s expense. Such an audit may be conducted subject to the following terms:

1. The audit will be pre-scheduled in writing with Yeesshh at least 30 days in advance and will be performed once a year at most.
2. If applicable, all personnel performing the audit, whether employed or contracted by the Partner, will execute a Yeesshh standard non-disclosure agreement prior to the initiation of the audit, and a third-party auditor will additionally execute a non-competition undertaking.
3. The Partner will take all necessary measures to ensure and verify that the auditors do not access, disclose, or compromise the confidentiality and security of Personal Data other than the Partner’s Personal Data on Yeesshh’s information and network systems.
4. The Partner will take all necessary measures to prevent any damage or interference with Yeesshh’s or its service providers’ information and network systems.
5. The Partner will bear all costs and assume responsibility and liability for the audit and any failures or damage caused as a result thereof.
6. Any audit activities on Yeesshh’s third-party service providers’ information systems will be pre-scheduled and agreed upon with the applicable providers.
7. The Partner will keep the audit results in strict confidentiality, use them solely for the specific purposes of the audit under this Section and the GDPR, and not use the results for any other purpose or share them with any third party without Yeesshh’s prior explicit written confirmation.
8. If the Partner is required to disclose the audit results to a competent authority, the Partner will provide Yeesshh with prior written notice, explaining the details and necessity of the disclosure, as well as provide all further necessary assistance to prevent such disclosure.

Security Breach Management and Notification If Yeesshh becomes aware of any accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to any Personal Data transmitted, stored, or otherwise processed on Yeesshh’s equipment or in Yeesshh’s facilities (“Security Breach”), Yeesshh will promptly:

1. Notify the Partner of the Security Breach,
2. Investigate the Security Breach and provide the Partner with all relevant information about the Security Breach, and
3. Take all commercially reasonable steps to mitigate the effects and minimize any damage resulting from the Security Breach.

Subprocessing and Transborder Data Transfers The Partner authorizes Yeesshh to appoint Sub-Processors to provide the Services. Yeesshh may continue to use the Sub-Processors already engaged by Yeesshh according to this DPA. Yeesshh may integrate the Partner’s services with external service providers’ platforms to provide its Services on the Partner’s behalf and for the purposes of serving the Partner’s interests, where such external service providers may be Sub-Processors, which the Partner hereby agrees to. A full list of such Sub-Processors is available upon the Partner’s written request directed to Yeesshh. Notwithstanding the provisions above, the Partner authorizes Yeesshh to subcontract the Processing to Sub-Processors based outside of the European Economic Area (EEA) to the extent necessary to perform the Services, provided that the Sub-Processors offer sufficient guarantees in relation to the required level of data protection, e.g., through a subcontracting agreement based on the standard contractual clauses launched by virtue of the EU Commission Decision on standard contractual clauses for the transfer of personal data to processors established in third countries under Directive 95/46/EC or GDPR (“Model Contract Clauses”), or based on other applicable transborder data transfer mechanisms.

Other Terms This Agreement shall become effective as of May 25, 2018. The Partner authorizes Yeesshh to retain Personal Data for three months from the date of its collection on the Partner’s behalf and for serving its interests, including fraud prevention, ad security services, reporting services, complaints, or chargeback handling. This data may be deleted from Yeesshh’s servers after this retention period and/or after the termination of the Agreement or earlier at the Partner’s written request.

Notices If the Partner wishes to make any inquiries about this Agreement, please contact support@yeesshh.com.

Liability The Partner shall indemnify and hold Yeesshh, its officers, directors, employees, contractors, and agents harmless from and against all claims, liabilities, administrative fines, suits, judgments, actions, investigations, settlements, penalties, fines, damages, and losses, demands, costs, expenses, and fees, including reasonable attorneys’ fees and expenses, arising out of or in connection with any claims, demands, investigations, proceedings, or actions brought by data subjects, legal persons (e.g., corporations and organizations), or supervisory authorities under the data protection laws that apply to Yeesshh in respect of processing of Personal Data on behalf of the Partner through Services. The liability of each party under this Agreement shall be subject to the exclusions and limitations of liability set out in the legal terms.

Governing Law This Agreement shall be governed by, and construed in accordance with, the laws of Ireland, without giving any effect to any choice of law and provisions thereof that would cause the application of the laws of any other jurisdiction.