We are very delighted that you have shown interest in our enterprise. Splitscreen Studios GmbH (hereinafter referred to as “Splitscreen Studios” or “Controller”) operates interactive games and applications on the internet (collectively referred to as “Services”). Splitscreen Studios takes data privacy matters very seriously and wishes to ensure that the privacy of the Users is optimally protected when using the Services offered.
These data protection provisions apply to all services offered on websites operated by Splitscreen Studios but not to pages belonging to other providers to which the website may link. In this respect, the data provision conditions of the relevant provider shall apply.
The use of the Internet pages operated by Splitscreen Studio is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our websites, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.
The processing of personal data, such as the e-mail address of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to Splitscreen Studios. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.
As the controller, Splitscreen Studios has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through its websites. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.
The data protection declaration of Splitscreen Studios is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.
In this data protection declaration, we use, inter alia, the following terms:
- Personal data
Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
- Data subject
Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
- Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
- Controller or controller responsible for the processing
Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
- Third party
Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
2. 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:
Splitscreen Studios GmbH
Tel.: +49 40 49 20 58 75
E-Mail: [email protected]
The data subject may, at any time, prevent the setting of cookies through our websites by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our websites may be entirely usable.
4. Collection of general data and information
The website of Splitscreen Studios collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.
When using these general data and information, Splitscreen Studios does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber attack. Therefore, Splitscreen Studios analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
5. Registration on our websites
The data subject has the possibility to register on the websites of the controller with the indication of personal data.
The personal data entered by the data subject are collected and stored exclusively for internal use by the controller, and for his own purposes. The controller may request transfer to one or more processors (e.g. a payment provider) that also uses personal data for an internal purpose which is attributable to the controller.
By registering on the website of the controller, the IP address—assigned by the Internet service provider (ISP) and used by the data subject—date, and time of the registration are also stored. The storage of this data takes place against the background that this is the only way to prevent the misuse of our services, and, if necessary, to make it possible to investigate committed offenses. Insofar, the storage of this data is necessary to secure the controller. This data is not passed on to third parties unless there is a statutory obligation to pass on the data, or if the transfer serves the aim of criminal prosecution.
The registration of the data subject, with the voluntary indication of personal data, is intended to enable the controller to offer the data subject contents or services that may only be offered to registered users due to the nature of the matter in question. Registered persons are free to change the personal data specified during the registration at any time, or to have them completely deleted from the data stock of the controller. A user name, password and e-mail address are recorded for registration with the online services.
While the Services are being used by the User, the IP address and log files are recorded for 30 days. This data is recorded in order to be able to identify the individual responsible in the event of a breach of the rules and also to prevent a User from manipulating the Services offered or disrupting the operation of such Services. For the rest, as far as possible, any other evaluation of the data takes place in an anonymized form.
The data controller shall, at any time, provide information upon request to each data subject as to what personal data are stored about the data subject. In addition, the data controller shall correct or erase personal data at the request or indication of the data subject, insofar as there are no statutory storage obligations. The entirety of the controller’s employees are available to the data subject in this respect as contact persons.
6. Subscription to newsletter service
On the website of the controller, the option to subscribe to the controller‘s newsletter service is offered to the data subject. What kind of personal data from the data subject will be transmitted to the controller responsible for the processing in order to subscribe to the newsletter service is evident from the input fields available for said purpose.
- Content of newsletter
Splitscreen Studios keeps informing both its customers and business partners about its offers by way of newsletters issued in regular intervals. In principle, the newsletter issued by Splitscreen Studios can only be received by the target person if (1) said person has a valid e-mail address at their disposal and (2) said person subscribed to the newsletter service. If the target person provides an e-mail address in order to subscribe to the newsletter for the first time, a verification e-mail is sent to the target person as part of a legally required double-opt-in procedure. Said verification e-mail aims to establish that the owner of the e-mail address is in fact the person to authorize the reception of the newsletter, i.e. the target person.
- Double-Opt-In and logging
In addition to their e-mail address, Splitscreen Studios logs the IP address the target person’s computer system was assigned to by their internet service provider (ISP) at the time of registration, as well as time and date of registration. Said data is collected in order to be able to trace a possible malign misuse of the target person’s e-mail address. It also serves as means for legal protection of the controller responsible for the processing.
- Usage of e-mail dispatch service provider “MailChimp”
The newsletter is dispatched through “MailChimp”, an e-mail marketing tool by US-based company Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA.
E-mail addresses as well as user names of Splitscreen Studios’ newsletter recipients are stored on MailChimp’s servers in the US. MailChimp are using these data for dispatch and subsequent analysis of the newsletter on behalf of Splitscreen Studios. Furthermore, MailChimp may use these data for optimizing and improving their services, e.g. for tweaking the dispatch process, for visual reproduction of the newsletter, or for economic purposes such as determining the recipients’ home country. However, MailChimp are not using the data of Splitscreen Studios’ newsletter recipients in order to contact them directly, nor do they relay the data to third parties.
Splitscreen Studios confide in MailChimp’s reliability as well as their IT and data security. MailChimp are certified under the US-EU data privacy treaty “Privacy Shield” and thus bound to meet EU data privacy demands. Furthermore Splitscreen Studios and MailChimp have entered into a “data processing agreement”. In this agreement, MailChimp obligate themselves to securing the data of Splitscreen Studios’ clients, process their data according to MailChimp’s data privacy terms and especially to not disclose their data to third parties. MailChimp’s data privacy terms can be reviewed here.
- Data collection and analysis
The newsletters contain a so-called “web beacon”, i.e. a 1 by 1 pixels image file that is downloaded from MailChimp’s servers at the time the newsletter is being opened. During this download, technical information such as the recipient’s web browser and OS, as well as their IP address and the time of the download are being collected. This information is used to improve the dispatch service, either through technical data, or through determining target audiences and their reading behavior via location of access (determined through IP address information) or time of access.
Determining whether the newsletter was read, when it was read and which hyperlinks were clicked is also data that is being collected. While this information could be linked with individual recpients due to technical circumstances, neither Splitscreen Studios nor MailChimp intend on tracking individual recpients. Analysis of said data is being made in order to identify recipients’ reading behavior with the intent of tailoring newsletter content or offer differentiated newsletter content according to recipients’ interests.
- Online access and data management
In some cases, Splitscreen Studios may direct their newsletter recipients to MailChimp’s web site; for example, newsletters contain a link that recipients can use to read the newsletter online when e.g. their e-mail programs cannot display the newsletter properly. Furthermore, subscribed recipients can review and edit their data (such as their e-mail address) through MailChimp’s web site. MailChimp’s data privacy terms are also only accessible through their web site.
http://www.youronlinechoices.com/ (for Europe)
Subscription to Splitscreen Studios’ newsletter can be cancelled at any time, i.e. you can revoke your agreement into subscribing to the newsletter. This will also revoke your agreement in both MailChimp’s newsletter delivery and statistical analysis process. There is no way to separately revoke either MailChimp’s newsletter delivery or their statistical analysis.
A link for canceling newsletter subscription can be found at the bottom of each newsletter e-mail. There is also the possibility to cancel newsletter subscription at any time through the website of the controller responsible for the processing, or by contacting the controller responsible for the processing by any other means.
7. Contact possibility via the website
The websites of Splitscreen Studios contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.
8. Routine erasure and blocking of personal data
The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.
If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
9. Rights of the data subject
- Right of confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.
- Right of access
Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:
- the purposes of the processing;
- the categories of personal data concerned;
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
- the existence of the right to lodge a complaint with a supervisory authority;
- where the personal data are not collected from the data subject, any available information as to their source;
- the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.
- Right to rectification
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.
- Right to erasure (Right to be forgotten)
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
- The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
- The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
- The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
- The personal data have been unlawfully processed.
- The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
- The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the Splitscreen Studios, he or she may, at any time, contact any employee of the controller. An employee of Splitscreen Studios shall promptly ensure that the erasure request is complied with immediately.
Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employees of the Splitscreen Studios will arrange the necessary measures in individual cases.
- Right of restriction of processing
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
- The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
- The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
- The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
- The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the Splitscreen Studios, he or she may at any time contact any employee of the controller. The employee of the Splitscreen Studios will arrange the restriction of the processing.
- Right to data portability
Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may at any time contact any employee of the Splitscreen Studios.
- Right to object
Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.
The Splitscreen Studios shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.
If the Splitscreen Studios processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the Splitscreen Studios to the processing for direct marketing purposes, the Splitscreen Studios will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by the Splitscreen Studios for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may contact any employee of the Splitscreen Studios. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
- Automated individual decision-making, including profiling
Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, the Splitscreen Studios shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of the Splitscreen Studios.
- Right to withdraw data protection consent
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time. If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the Splitscreen Studios.
10. Data protection for applications and the application procedures
The data controller shall collect and process the personal data of applicants for the purpose of the processing of the application procedure. The processing may also be carried out electronically. This is the case, in particular, if an applicant submits corresponding application documents by e-mail or by means of a web form on the website to the controller. If the data controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If no employment contract is concluded with the applicant by the controller, the application documents shall be automatically erased two months after notification of the refusal decision, provided that no other legitimate interests of the controller are opposed to the erasure. Other legitimate interest in this relation is, e.g. a burden of proof in a procedure under the General Equal Treatment Act (AGG).
11. Data protection provisions about the application and use of Google Analytics (with anonymization function)
On this websites, the controller has integrated the component of Google Analytics (with the anonymizer function). Google Analytics is a web analytics service. Web analytics is the collection, gathering, and analysis of data about the behavior of visitors to websites. A web analysis service collects, inter alia, data about the website from which a person has come (the so-called referrer), which sub-pages were visited, or how often and for what duration a sub-page was viewed. Web analytics are mainly used for the optimization of a website and in order to carry out a cost-benefit analysis of Internet advertising.
The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States.
For the web analytics through Google Analytics the controller uses the application “_gat. _anonymizeIp”. By means of this application the IP address of the Internet connection of the data subject is abridged by Google and anonymised when accessing our websites from a Member State of the European Union or another Contracting State to the Agreement on the European Economic Area.
The purpose of the Google Analytics component is to analyze the traffic on our website. Google uses the collected data and information, inter alia, to evaluate the use of our website and to provide online reports, which show the activities on our websites, and to provide other services concerning the use of our Internet site for us.
Google Analytics places a cookie on the information technology system of the data subject. The definition of cookies is explained above. With the setting of the cookie, Google is enabled to analyze the use of our website. With each call-up to one of the individual pages of this Internet site, which is operated by the controller and into which a Google Analytics component was integrated, the Internet browser on the information technology system of the data subject will automatically submit data through the Google Analytics component for the purpose of online advertising and the settlement of commissions to Google. During the course of this technical procedure, the enterprise Google gains knowledge of personal information, such as the IP address of the data subject, which serves Google, inter alia, to understand the origin of visitors and clicks, and subsequently create commission settlements.
The cookie is used to store personal information, such as the access time, the location from which the access was made, and the frequency of visits of our website by the data subject. With each visit to our Internet site, such personal data, including the IP address of the Internet access used by the data subject, will be transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical procedure to third parties.
The data subject may, as stated above, prevent the setting of cookies through our websites at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Google Analytics from setting a cookie on the information technology system of the data subject. In addition, cookies already in use by Google Analytics may be deleted at any time via a web browser or other software programs.
Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/ and under http://www.google.com/analytics/terms/us.html. Google Analytics is further explained under the following Link https://www.google.com/analytics/.
12. Data protection provisions regarding the application and use of Facebook Connect
The controller responsible for the processing has integrated the component “Login with Facebook” by the Facebook Corporation on the websites of Splitscreen Studios. Facebook is a social network.
A social network is a place for social meetings on the Internet, an online community, which usually allows users to communicate with each other and interact in a virtual space. A social network may serve as a platform for the exchange of opinions and experiences, or enable the Internet community to provide personal or business-related information. Facebook allows social network users to include the creation of private profiles, upload photos, and network through friend requests.
The operating company of Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, United States. If a person lives outside of the United States or Canada, the controller is the Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.
With each call-up to one of the individual pages of the Internet websites, which is operated by the controller and into which the Facebook component (Facebook Connect) was integrated, the web browser on the information technology system of the data subject is automatically prompted to download display of the corresponding Facebook component from Facebook through the Facebook component. During the course of this technical procedure, Facebook is made aware of what specific sub-site of our website was visited by the data subject.
The affected person can use this feature by clicking the button “Login with Facebook” during the account registration process when they are already registered with Facebook for using the services of the controller responsible for the processing. Choosing to “Login with Facebook” will forward the affected person to Facebook’s website, where they are asked to first authenticate themselves through their Facebook login credentials. The next step is to connect the affected person’s Facebook profile with Splitscreen Studios’ services. Of the data transmitted during this process, only Facebook user´s name, email address and identification number (Facebook ID) are stored by the controller responsible for the processing for internal use at Splitscreen Studios.
The affected person may remove the link between Facebook Connect and Splitscreen Studios’ services at any time by adjusting their Facebook profile settings accordingly.
Splitscreen Studios use any data that was collected through Facebook Connect exclusively for identification and contract fulfilment purposes. Further information on Facebook Connect and user privacy settings can be found in the terms of contract and data privacy terms of Facebook Inc. The data protection guideline published by Facebook, which is available at https://facebook.com/about/privacy/, provides information about the collection, processing and use of personal data by Facebook. In addition, it is explained there what setting options Facebook offers to protect the privacy of the data subject. In addition, different configuration options are made available to allow the elimination of data transmission to Facebook. These applications may be used by the data subject to eliminate a data transmission to Facebook.
13. Data protection provisions about the application and use of YouTube
On this websites, the controller has integrated components of 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. YouTube allows you to publish all kinds of videos, so you can access both full movies and TV broadcasts, as well as music videos, trailers, and videos made by users via the Internet portal.
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.
With each call-up to one of the individual pages of the Internet sites, which is operated by the controller and on which a YouTube component (YouTube video) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to download a display of the corresponding YouTube component. Further information about YouTube may be obtained under https://www.youtube.com/yt/about/en/. During the course of this technical procedure, YouTube and Google gain knowledge of what specific sub-page of our website was visited by the data subject.
If the data subject is logged in on YouTube, YouTube recognizes with each call-up to a sub-page that contains a YouTube video, which specific sub-page of our Internet sites was visited by the data subject. This information is collected by YouTube and Google and assigned to the respective YouTube account of the data subject.
YouTube and Google will receive information through the YouTube component that the data subject has visited our websites, if the data subject at the time of the call to our websites is logged in on YouTube; this occurs regardless of whether the person clicks on a YouTube video or not. If such a transmission of this information to YouTube and Google is not desirable for the data subject, the delivery may be prevented if the data subject logs off from their own YouTube account before a call-up to our website is made.
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.
14. Data privacy terms regarding the disclosure of personal data to third parties
Splitscreen Studios will only disclose personal and/or payment-related data of affected persons to third parties as is required for the purposes of fulfilling contracts and handling payments as well as for the protection of their users, all within legal guidelines and provisions.
This applies in particular to the processing of payments as part of premium service and other purchases where external payment processors (e.g. Worldpay, Boa Compra, PayPal, DaoPay) are involved.
When a person chooses a particular means of payment during the order process in Splitscreen Studios‘ online shop, some of that person‘s data are automatically sent to the particular external payment processor. By choosing a means of payment, the acting person is consenting to the disclosure of the personal data required for completing the payment process. Data required for completing a payment may include personal data collected during an individual purchase.
Data are transmitted for the purposes of payment processing and fraud prevention. In particular, the controller responsible for the processing will transmit data to an external processor when there is a legitimate interest for the transmission. Personal data shared between external processor and the controller responsible for the processing may further be transmitted to credit inquiry agencies by the external processor. Transmissions of this kind are made for identity verification and credit screening purposes.
External payment processors may also transmit personal data to associated companies, suppliers and sub-contractors as is required for the fulfilment of contracts, or when data is processed by order of the payment processor.
The affected person may revoke their consent in the bespoke handling of personal data towards the external payment processor at any time. Said revocation will however not affect those personal data that are imperatively processed, utilized or transmitted for processing payments according to contract.
External payment processors are bound by contract to handle any personal data entrusted to them in a confidential and secure way and may only utilize the data for the purpose of fulfilling their contractual tasks. Splitscreen Studios have signed a “Data Processing Agreement” with all their external payment processors. Through this treaty, each of the external payment processors are bound to handle any data of the affected person confidentially and securely, and only for the purpose of fulfilling their contractual tasks.
15. Legal basis for the processing
Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfilment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d 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 abovementioned 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. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
16. The legitimate interests pursued by the controller or by a third party
Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favour of the well-being of all our employees and the shareholders.
17. Period for which the personal data will be stored
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfilment of the contract or the initiation of a contract.
The collected data shall only be kept as long as is necessary for Splitscreen Studios to provide the Services or as required by statutory regulations. Data such as user name, password, e-mail address, CID of the computer used and the times and type of use shall be kept until such time as the user’s user account is deleted. If a User cancels one of his/her play accounts, the data relating to this shall be deleted. The data will be deleted within a few days of cancellation.
The User may request at any time the deletion of specific or all data collected. If the User requests that the e-mail address, user name, IP address of the computer used and the times and type of use be deleted, this means that the corresponding User Account and play accounts will also be deleted because it is then no longer possible to communicate with the User and/or the security of the games can no longer be safeguarded.
18. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data
We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.
Splitscreen Studios can change these data protection provisions or change the content of the page or change or block access to these pages at any time. Splitscreen Studios will use suitable means to point out such changes.
20. Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or profiling.
Explanation to the newsletter section according to sample of lawyer Dr. Thomas Schwenke