Terms and Conditions
All services rendered by the AuPair-Yes to the customer are made solely on the basis of the following General Terms and Conditions. Other conditions are only valid if they were agreed upon between AuPair-Yes and the customer individually.
2.Terms of Service
The following rules govern the conduct of people who browse and/or create a personal profile on AuPair-Yes.com website; hereinafter referred as users. Browsing and/or registering on this website indicates that you accept the terms and conditions herein listed regardless of whether you choose to register with us or not. Please do not browse this website if you do not accept the terms and conditions listed hereinafter. Before browsing and/or registering on our website, please read the terms and conditions carefully. Introduction and definitions AuPair-Yes.com is an online matching website connecting Au Pairs and Host Families from all around the world.
Through AuPair-Yes.com every user registered as a Host Family or an Au Pair is allowed to:
Look for and find a matching Au Pair or Host Family
Create a profile as a potential Au Pair or Host Family.
3. Collection, use, and visibility of your personal information on AuPair-Yes.com
What is personal data?
Personal data is individual information about factual circumstances that can be assigned to a specific person. In our website, it is mainly about personal information such as your name, your contact information or IP address.
Visibility of your personal data
To create your profile, you need to provide some personal data. This includes contact details and personal information about you. This data will be used to pass it on to specific groups of users in order to help you find a suitable Au Pair/Host Family. Part of your data, including the uploaded images, which is visible to all AuPair-Yes.com visitors. All other data is only visible to logged-in members. The email address, postal code, and street are only visible to the AuPair-yes.com team. This data is used only to verify that the user is a real person who has no fraudulent intentions.
By registering, you agree that your data may be accessed by AuPair-Yes.com. Certain data from your profile, such as your first name and country of origin, can appear in the search results on Google and other search engines. Each user has the option to deactivate or delete his/her profile at any time. After the deactivation/deletion, the data is usually removed from the search results within two weeks.
4. Messenger feature
Au Pairs, Premium Host Families have the possibility to send personal messages via AuPair-Yes.com. In order to prevent fraud and to ensure that these messages are only written by people who actually want to find an Au Pair or a Host Family, the messages are monitored by us and read in part by our employees. This serves only the protection of our users, the content of the messages is of course not transmitted to third parties.
5.Comments or posts
When writing comments or other posts, your IP address will be saved. This happens because we need to ensure the lawful use of the comment function. Should a user write insulting, unconstitutional or other illegal entries, we, as the body responsible for the content, could be prosecuted. We therefore need to store available data on the identity of the user.
6. Handling of payments / Premium membership
In order to upgrade to a Premium membership, you have the option to pay by bank transfer, PayPal or credit card.
ConCardis: https://www.concardis.com/de-en/protecting-your-data. Your data is not passed on to other third parties and it is not used for marketing purposes.
7.Automatic data storage when visiting the website
With every visit of the website, user data of the respective website visitors is transmitted by the respective Internet browser and stored in so-called server log files. These data are:
- IP address (Internet Protocol Address) of the accessing computer
- Referrer URL (origin URL) from which the user came to the visited page
- Name of the service provider used to access our website
- Information about retrieved files or information
- Date and time of retrieval
- Amount of transferred data
- Status message as to whether the retrieval was successful
- Operating system and information on the internet browser used, including installed add-ons
(e.g. for the Flash Player)
- HTTP status code
The main purpose of collecting this information is to help us ensure that our website works technically without problems. To improve our offer and service, we may also create usage statistics, which we use for internal purposes only.
AuPair-Yes.com makes use of hosting services that contribute to the operation of our online offer. Our hosting providers have potential access to data of interested parties, customers and users of AuPair-Yes.com. This includes contact data, content data, meta and communication data, contract data and also access data. The processing of the data serves solely the purpose of a smooth operation of the platform. The data is not used for any other purpose. The hosting provider works contractually according to the contract data processing according to §11 of the German Bundesdatenschutzgesetz (BDSG).
9. Integration of services and contents of third parties
We use third-party service or content offerings to enrich our online offering, such as fonts, embedded videos, or other plug-ins. For implementation, the third-party providers must process the IP address of the users, as this is the only way they can send the content to the respective browser. Third parties may also use so-called pixel tags (invisible graphics, also referred to as "web beacons") for statistical or marketing purposes. Thus, they can also gather information about the traffic of the respective page. The information may be stored pseudonymized as cookies on the user device.
9.1. Social media plug-ins
Social media plug-ins are the link between a website and social networks like Twitter or Facebook. They are the easiest way to share content with other users on social media platforms.
On our sites, we use Facebook plug-ins, 1601 South California Avenue, Palo Alto, CA 94304, US.
Via this plug-in, which can be recognized by the Facebook logo or the Like button, a connection is established between your browser and the Facebook server. This gives Facebook the information that you have visited our site and user profiles can be created.
On our sites, we use Instagram plug-ins, represented by Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA. This plug-in connects your browser to the Instagram server.
9.6. Google Maps
9.7. Google Fonts
We incorporate the fonts ("Google Fonts") provided by Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA.
9.8. Google reCAPTCHA
9.9. Use of analysis programs and tracking tools
This website uses Google Analytics, a web analytics service provided by Google Inc. ("Google"). Google Analytics uses so-called "cookies", text files that are stored on your computer and that allow an analysis of your use of the website. The information about your use of the website which is generated by the cookie is usually transmitted to a Google server in the USA and stored there. However, if IP anonymisation is activated on this website, your IP address will be shortened by Google beforehand within member states of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the US and be shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services related to website usage and internet usage to the website operator. The IP address which is provided by your browser within the scope of Google Analytics will not be merged with other Google data. You can prevent the storage of cookies by changing the respective setting of your browser software. However, we point out that in this case you may not be able to fully use all functions of this website. In addition, you may prevent the collection by Google of the data generated by the cookie and related to your use of the website (including your IP address) as well as the processing of this data by Google by downloading and installing the browser.
9.10. Google AdSense
This website uses Google AdSense, a service for integrating advertisements of Google Inc. ("Google"). Google AdSense uses so-called "cookies", text files that are stored on your computer and that allow an analysis of the use of the website. Google AdSense also uses so-called “web beacons” (invisible graphics). These web beacons can be used to evaluate information such as visitor traffic on these pages.
9.11. Google +1
The information about the use of this website (including your IP address) generated by cookies and web beacons as well as the delivery of advertising formats are transmitted to and stored by Google on servers in the USA. This information may be passed on by Google to contracting parties of Google. However, Google will not merge your IP address with other data you have stored. You can prevent the installation of cookies by setting your browser software accordingly. However, we point out that in this case you may not be able to fully use all the functions of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
- Collection and dissemination of information:
The Google +1 button lets you publish information worldwide. The Google +1 button will provide you and other users with personalized content from Google and their partners. Google stores both the information that you +1'd a piece of content as well as information about the page you viewed when you clicked +1. Your +1s can appear as clues along with your profile name and photo in Google services, such as in search results or in your Google profile, or elsewhere on websites and ads on the web. Google records information about your +1 activity to improve Google's services for you and others. To use the Google +1 button, you need to have a globally visible, public Google profile that at least has to contain the name chosen for the profile. This name will be used in all Google services. In some cases, this name may also replace a different name you used when sharing content through your Google Account. The identity of your Google profile may be displayed to users who know your email address or have other identifying information from you.
- Use of the information collected:
10. Revokement and deletion
Permission to use your data for the purposes stated above may be revoked at any time with future effect. The user can change or delete his/her data after login. Deletion of your account deletes all data stored by and about you, unless your data is subject to tax, commercial or other statutory storage requirements. Data that is subject to a retention period will be locked by us until the deadline. In order to stop fraudulent activity, we additionally need to keep some specific information. This helps us, for example, to prevent people with fraudulent intent from closing their account and then trying to continue their fraudulent activities with a new account. If an account is not being used, we leave it in our system for a maximum period of 25 months. Like this, the user can resume the search in a quick and easy way. If there is no further activity, we will delete the user and communication data that we do not need to protect our users against fraud.
11. Right to information
Each user has the right to ask us for information about what data we have stored about him, for what purpose it is stored, where this data comes from and to which recipients or categories of recipients this data may be shared. On request, AuPair-Yes.com can provide the user with his/her data in a common format. Each user has the right to complain to an inspecting agency about the handling of his/her data. For all information requests or data-processing revocations, please send an email to firstname.lastname@example.org
12. Information about our services via email
In addition to emails related to the placement process, we occasionally send other information about Au Pair related topics via email. These emails may also contain references to our services or products. If you do not want to receive such emails, you can object to the receipt at any time. To do so, please log in, go to the settings (https://www.AuPair-Yes.com/settings) and change the email notification setting. Alternatively, you can click on the "Unsubscribe" link in the respective email footer. You can also communicate your objection via email by sending an email with the subject "Objecting advertising" to email@example.com. The privacy statement is based on the legal bases of data protection, in particular the General Data Protection Regulation (GDPR) and the German BDSG (Bundesdatenschutzgesetz, a federal data protection act).
Free features on the website:
- Upload pictures
- Send standard requests to all Au Pairs
- For Au Pairs: Send and reply personalized messages to Host Families.
14. Matching System
On AuPair-Yes.com you can use various matching tools, such as:
- Your searching criteria define what kind of matching Au Pairs/Host Families are recommended to you.
- You can use the quick-search tool to browse profiles without affecting your search criteria.
15. Premium Membership
On AuPair-Yes you can choose one of several payment options to purchase a Premium Membership. As a Premium Member on AuPair-Yes. you can:
- Send and reply to personalized messages to Au Pairs/Host Families
- Neither the personal profile, nor Membership, can be forwarded to any third party. Every use of a personal account by any third party is prohibited. Any breach will entitle AuPair-Yes to block the user involved without notice. The registration and the use of the services of AuPair-Yes. are free of charge for Au Pairs.
- Host Families can register and send standard requests for free.
- The use of the Premium Membership and all advanced features of the website are available upon payment. The payment is a fixed amount for the entire duration of a fixed period of time. The Premium Membership ends automatically when the period of validity expires without any need of termination.
- Any physical person can register with AuPair-Yes as a Host Family/Au Pair with the purpose of finding a suitable Au Pair/Host Family.
- Data provided in the registration forms during registration must be true, complete and correct. AuPair-Yes.com has the right to verify the data provided and request relevant evidence proving provided data is reliable. If, after the registration, the data stored in the profile changes, the profile should be updated immediately. Any breach will entitle AuPair-Yes to block the user involved without notice. In order to register at AuPair-Yes the user must be of legal age. Exceptions shall be made in case of Au Pairs, who start searching for a Host Family shortly before turning 18. In this case, the Au Pair declares that registration is made with the full consent of the Au Pair’s legal representative.
- If the user’s access is limited due to breach of the duties and obligations of users or misuse of the website services, the user’s account will be blocked without any notice. The unused credit will be retained by AuPair-Yes and will not be refunded as a conventional penalty for breach of contract.
- AuPair-Yes cannot be held liable for the accuracy of the data given by the users during registration or in their personal profiles or messages and has no obligation to verify the accuracy or reliability of the data provided. AuPair-Yes has the right to contact any member at any time regarding any issue related to the user’s personal profile.
16. Duties and obligations of users
The user is solemnly responsible for all published content and has to obey the rules according to our terms and conditions of services. Services provided by AuPair-Yes are strictly for personal use only. Any transmission to third parties is banned. Personal data regarding any user (contact details and personal messages in particular) that were made visible to another user during communication, are strictly confidential and cannot be published or forwarded to a third party.
Every user of Au Pair-ye is banned from:
- Posting or transmitting any defamatory, threatening, obscene, indecent, seditious, abusive, pornographic, scandalous, offensive or illegal material or information.
- Creating a profile for another purpose than to find a Host Family or an Au Pair.
- Posting or transmitting any material for which the user has not obtained the necessary license or approvals or which constitutes or encourages conducts that are criminal offences, give rise to civil liability, are contrary to the law or infringe third parties rights.
- Spreading viruses, logic bombs, Trojan horses, worms or other malicious software or harmful data
- AuPair-Yes has the right but not the obligation to modify or delete such materials and block accounts. AuPair-Yes.com has the right to draw the same consequences, if the first contact has been made through the website and defamatory, threatening, obscene, indecent, seditious, abusive, pornographic, scandalous or offensive messages have been sent on other messaging systems or platforms.
- Contact details such as phone numbers, email addresses or social media profiles and links to other websites are not allowed in any other field other than fields which are intended for this purpose. Contact details are all details that allow in any way to contact the user beyond the service. Any kind of breach allows AuPair-Yes.com to delete the user personal profile as well as request the Premium Membership payment and/or restoration for damages.
- AuPair-Yes.com has the right to request documents and any other kind of evidence proving the provided data correct. If the data is incorrect, unreliable, incomplete or untruthful AuPair-Yes has the right to block the user and retain any payment previously made without notice as a conventional penalty for breach of contract. Failure to follow any of the above rules of conduct may result in immediate termination of membership and civil and criminal penalties. AuPair-Yes.com has the right to block the user and retain the money paid for premium services without notice as a conventional penalty for breach of contract.
17. Service information
The service provided by AuPair-Yes.com is limited by current availability of the present technologies. Users must be aware that the present technology may not be free from mistakes. A right to access the services does not exist at any time. In case of system failure there is no right for damages/losses, compensation, restoration or restitution of any money already paid.
AuPair-Yes.com tries to ensure that the website is available continuously. If the website is not available for any reason, AuPair-Yes.com cannot be held responsible. Access to AuPair-Yes.com may be limited without any notice in case of system failure, maintenance, repair or other reasons.
18. Connections to and from other websites
AuPair-Yes.com has no influence or responsibility for the design and/or the content of any inked website and has no obligation to check its content. AuPair-Yes.com is not responsible for any inappropriate, offensive, infringing or technically harmful content stored on any of the linked websites.
AuPair-Yes.com is not responsible for the accuracy of the personal data and any other information given by the users. AuPair-Yes cannot be held responsible if, despite the use of the service, the search has not been successful. AuPair-Yes.com has no duty to verify if users’ profiles are infringing any third parties’ rights or if personal data provided through profiles, messages (or other) is copied, transferred, published or forwarded in any way.
All information provided through AuPair-Yes.com should be considered informative material for users. AuPair-Yes.com is not responsible for the accuracy or the truthfulness of the information provided. The users must verify the accuracy of the required information themselves.
All agreements between users are completely beyond AuPair-Yes scope of responsibility. AuPair-Yes.com is not responsible for any kind of loss/damage that may arise from fraud/scam attempts through the website AuPair-Yes.com, deactivation, termination or cancellation of use. The account of each registered user may be deactivated at any time – a deactivated account is neither visible nor available to all the other users. The account of each user may be deleted by the user at any time – a deleted account is irretrievable and all information and data stored are irreversibly removed.
21. Right of cancellation
Each user has the right to cancel the account without specifying any reason. If the user cancels the Premium Membership and demands a refund of the Premium Membership payment, the cancellation notice must be submitted in writing within14 days after the start date of the Premium Membership. To exercise the right of refund, the refund policy must be fulfilled.
22. Withdrawal – refund policy
In case the user would like to cancel the Premium Membership within 14 days after payment, the money will be refunded.
- If the Premium Membership services have been used, AuPair-Yes.com will not refund the payment and retain it as a compensation for the services used.
- If the account has been deleted and therefore all the information stored is irretrievably removed, it is not possible to prove whether the refund policy has been fulfilled. Thus, a refund will not be granted.
The Premium Membership is considered provided if:
- Host Families send or reply to personalized messages or if any contact data has been exchanged through personalized messages, which enable users to communicate outside the scope of AuPair-Yes.com.
- Au Pairs have sent any messages after the account has been upgraded to Premium Membership.
The content and works provided on these web pages are governed by the copyright laws of Germany. Duplication, processing, distribution, or any form of commercialization of such material beyond the scope of the copyright law shall require the prior written consent of its author or creator.
By sending us a feedback, you agree to our publication of the information sent from you in connection with the feedback (like name, experience, fotos, video etc.) on our website/shop and social media platforms.
26. Breach of Terms and Conditions contract
In case of any breach of the terms and conditions listed, or in case of any breach of rights, laws, or third party’s rights enforceable in the Federal Republic of Germany, AuPair-Yes.com has the right to block the user at any time and without notice or motivation and any payment previously made will be retained by AuPair-Yes.com as a conventional penalty for breach of contract.
27. Applicable Law / Final Provisions
The validity of the UN sales law is excluded, German law applies. By accepting our offer regarding the premium membership, the general terms and conditions of AuPair-Yes are accepted. The exclusive place of jurisdiction for all disputes arising from this contract is the jurisdiction of our place of business (Hamburg).
AuPair-Yes.com has the right to change the Terms and Conditions at any time and will inform the users through email.
The laws applicable are the laws of the Federal Republic of Germany and the applicable European Union’s Laws. The Court of jurisdiction is Hamburg.
If any provision of the contract is entirely or partially invalid, or should the contract contain a loophole, the validity of the remaining provisions or the remaining valid parts of the provisions are to be considered valid.