Gamesright

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An der Alster 6
20099 Hamburg

[email protected]

Phone: 040 / 237 24 33 749
Fax: 040 / 81 987 28 7

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Blog Overview

Als Pioniere für Rückforderungen von Online-Sportwetten finanziert Gamesright bereits seit 2021 Verfahren gegen europäische Glücksspielanbieter. Über ein von Gamesright finanziertes Verfahren gegen den Sportwettenanbieter Tipico wird erstmalig der Bundesgerichtshof (BGH) entscheiden (Aktenzeichen I ZR 90/23, we reported). Der BGH hat nun den Termin für die Urteilsverkündung bekanntgegeben.

Background:

Über ein Jahrzehnt haben nahezu alle namhaften Anbieter von Online-Sportwetten ohne deutsche Lizenz verbotene Wetten angeboten. Sie berufen sich dabei auf Lizenzen aus dem Ausland und Versäumnisse der deutschen Behörden. Leidtragende sind die Spieler, die die omnipräsente Werbung der Anbieter geglaubt haben.

„Tipico hatte bis Oktober 2020 keine Lizenz für Online-Sportwetten in Deutschland.“

So warb beispielweise Tipico von 2013 bis 2020 mit der Fußball-Ikone Oliver Kahn und dem Werbe-Sloagen „Ihre Wette in sicheren Händen“. Tipico ist Partner der DFL und des FC Bayern. Kein Wunder also, dass die Spieler der Marke vertrauten. Was sie nicht wussten: Tipico hatte bis Oktober 2020 gar keine deutsche Lizenz und hätte daher keine Online-Sportwetten anbieten dürfen. Der Firmensitz liegt offiziell in Malta. Nahezu alle Betroffenen haben ihr Geld verloren. Viele darüber hinaus ihre Familien, ihre Existenzen. Der Drogenbeauftragte der Bundesregierung spricht von 1,3 Millionen Bürgern mit Glücksspielstörung.

Ebenfalls Pikant: 2016 übernahm der internationale Konzern CVC 60 Prozent des Wettanbieters. CVC gehört zu den zehn größten Private-Equity-Unternehmen weltweit, zu dessen Geldgebern der saudi-arabische Staatsfonds PIF gehören sollCVC is already involved in various sports leagues. The attempt to also to participate in the DFL failed in February 2024 after protests by fans. Fans der deutschen Vereine sprechen sich bereits seit längerem gegen die Verflechtung zwischen Wettunternehmen und dem Profisport aus. Die Beziehung sei auch deshalb ungesund, da die Wettanbieter einen etwa fünfmal größeren Umsatz machen würden, als die Vereine. Gamesright ist Partner von erstligist Mainz 05. Hans Sarpei klärt als Markenbotschafter über die Missstände auf.

„Die Entscheidung des BGH wurde verzögert.“

Nachdem die Beteilitung CVCs gescheitert war, sollte im März 2024 die Entscheidung im hiesigen Verfahren gegen Tipico verkündet werden. Doch Tipico gab sich verhandlungsbereit. Das Verfahren wurde im beiderseitigen Einvernehmen ausgesetzt, um Einigungsgespräche zu führen.

In der Zwischenzeit war eine weitere Verhandlung vor dem BGH angesetzt. Ein Spieler hatte in einem Parallelverfahren auf Rückzahlung gegen Betano (globaler Sponsor der UEFA EURO 2024) geklagt und vor dem Oberlandesgericht Dresden obsiegt. Betano hatte dagegen Revision zum BGH eingelegt. Mit seinem Hinweisbeschluss hat der BGH angekündigt, dem Spieler Recht zu gegeben. Daraufhin hat Betano die Revision zurückgenommen. Der Spieler erhält sein Geld also erstattet.

�An agreement with Tipico has failed.�

Trotz des klaren Hinweises des BGH ist eine Einigung mit Tipico nicht zustande gekommen. Tipico erkennt die Ausführungen des BGH nicht als abschließend an. Zudem hält man dort an der Meinung fest, viele Ansprüche würden bereits nach drei Jahren verjähren. Die Oberlandesgerichte nehmen demgegenüber zu Gunsten der Betroffenen eine Verjährung erst nach zehn Jahren an. Tipico möchte davon sieben Jahre abschneiden und – allenfalls – die unrechtmäßig vereinnahmten Zahlungen der letzten drei Jahre herausgeben.

Darüber wird der BGH noch vor der Sommerpause entscheiden, am 27.06.2024. Sollte er die zehnjährige Verjährung bestätigen, was zu erwarten ist, sind die Sportwettanbieter dazu verpflichtet, alle Verluste aus illegalen Sportwetten der letzten zehn Jahre zu erstatten. Experten schätzen den Schwarzmarkt über diesen Zeitraum auf 20-26 Milliarden Euro.

„Ein Urteil des BGH dürfte einen regelrechten Erdrutsch auslösen.“

Bereits heute entscheiden sich wöchentlich tausende der getäuschten Betroffenen, ihr Geld von den Anbietern illegaler Wetten zurückzuverlangen. Der Hinweis des BGH hat zudem die Zuversicht der Unternehmen gestärkt, die diese Rückforderungen finanzieren und möglich machen. Gamesright ist darauf ausgerichtet, zehntausende Rechtsstreitigkeiten über Jahre hinweg zu unterstützen.

Allerdings, sollte sich Tipicos Rechtsansicht zur Verjährung wider Erwarten durchsetzen, lässt sich die Verjährung nur durch eine schnelle Klageerhebung noch in 2024 aufhalten. Betroffene sollten daher unverzüglich handeln und sich anwaltlich beraten lassen. Gamesright trägt alle damit verbundenen Kosten und erhält nur dann eine Beteiligung, wenn tatsächlich Geld zurückgezahlt wird. Betroffene haben also jetzt keine Kosten und keine finanziellen Risiken – sie können nur gewinnen.

Conclusion

Der Bundesgerichtshof verhandelt am 27.6.2024 zwischen Gamesright und Tipico und wird voraussichtlich an diesem Tag sein Urteil verkünden. Mit einem ausführlichen Hinweisbeschluss hatte er bereits angekündigt, den Anspruch auf Rückerstattung eines Spielers zu bestätigen. Er ermutigt damit alle betroffenen Spieler, sich ihre Verluste zurückzuholen. Zugleich sendet er ein deutliches Signal an alle Anbieter, die ohne deutsche Lizenz Online-Sportwetten angeboten haben.

Please direct inquiries to: [email protected]

Sie möchten eine Rückforderung finanzieren lassen, oder Ihre Forderung verkaufen? Nutzen Sie bitte unser Antragsformular auf www.gamesright.com

*These are general views that cannot and should not replace the advice of a lawyer.
We do not provide legal advice or legal services.

Privacy Policy

Introduction

With the following privacy policy, we would like to inform you about which types of your personal data (hereinafter also referred to as "data") we process, for what purposes, and to what extent. This privacy policy applies to all processing of personal data carried out by us, both in the context of providing our services and in particular on our websites, in mobile applications, and within external online presences, such as our social media profiles (hereinafter collectively referred to as the "online offering").

The terms used are not gender specific.

As of: June 30, 2022

Created with Datenschutz-Generator.de by Dr. Thomas Schwenke

 

Table of Contents

 

Responsible

Attorney Hannes Beuck
Esplanade 41
20354 Hamburg

Authorized representatives:

Jan Beuck

E-mail address:

[email protected]

 

Contact Data Protection Officer

[email protected]

 

Overview of processing

The following overview summarizes the types of data processed and the purposes of their processing and refers to the data subjects.

 

Types of data processed

  • Inventory data.
  • Payment details.
  • Contact details.
  • Content data.
  • Contract data.
  • Usage data.
  • Meta/communication data.

 

Categories of data subjects

  • Customers.
  • Employees.
  • Interested persons.
  • communication partner.
  • users.
  • Business and contractual partners.

 

Purposes of processing

  • Provision of contractual services and customer service.
  • Contact requests and communication.
  • Security measures.
  • direct marketing.
  • Reach measurement.
  • Tracking.
  • Office and organizational procedures.
  • Remarketing.
  • Conversion measurement.
  • Affiliate tracking.
  • Managing and responding to inquiries.
  • Feedback.
  • Marketing.
  • Profiles with user-related information.
  • Provision of our online offering and user-friendliness.
  • Information technology infrastructure.

 

Relevant legal bases

Below you will find an overview of the GDPR legal bases on which we process personal data. Please note that in addition to the GDPR regulations, national data protection regulations may apply in your or our country of residence or domicile. Should more specific legal bases apply in individual cases, we will inform you of these in the privacy policy.

  • Consent (Art. 6 para. 1 sentence 1 lit. a. GDPR) – The data subject has given his or her consent to the processing of personal data concerning him or her for one or more specific purposes.
  • Contractual performance and pre-contractual inquiries (Art. 6 (1) (b) GDPR) – Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract.
  • Legal obligation (Art. 6 para. 1 sentence 1 lit. c. GDPR) – Processing is necessary to fulfill a legal obligation to which the controller is subject.
  • Legitimate interests (Art. 6 para. 1 sentence 1 lit. f. GDPR) – Processing is necessary to protect the legitimate interests of the controller or of a third party, unless such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data.

In addition to the data protection provisions of the General Data Protection Regulation, national data protection regulations apply in Germany. These include, in particular, the Federal Data Protection Act (BDSG). The BDSG contains, in particular, special provisions on the right to information, the right to erasure, the right of objection, the processing of special categories of personal data, processing for other purposes, and transmission and automated decision-making in individual cases, including profiling. Furthermore, it regulates data processing for the purposes of the employment relationship (Section 26 BDSG), particularly with regard to the establishment, implementation, or termination of employment relationships and the consent of employees. Furthermore, state data protection laws of the individual federal states may apply.

 

Security measures

In accordance with the legal requirements, taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing as well as the different probabilities of occurrence and the extent of the threat to the rights and freedoms of natural persons, we take appropriate technical and organisational measures to ensure a level of protection appropriate to the risk.

These measures include, in particular, ensuring the confidentiality, integrity, and availability of data by controlling physical and electronic access to the data, as well as the access, input, and transfer of data, ensuring its availability, and segregation. Furthermore, we have established procedures that ensure the exercise of data subjects' rights, the deletion of data, and responses to data threats. Furthermore, we consider the protection of personal data right from the development and selection of hardware, software, and processes in accordance with the principle of data protection, through technology design, and through data protection-friendly default settings.

SSL encryption (https): To protect the data you transmit via our online service, we use SSL encryption. You can recognize such encrypted connections by the prefix https:// in your browser's address bar.

 

Transmission of personal data

As part of our processing of personal data, it may happen that the data is transmitted to or disclosed to other bodies, companies, legally independent organizational units, or individuals. Recipients of this data may include, for example, service providers commissioned with IT tasks or providers of services and content integrated into a website. In such cases, we comply with legal requirements and, in particular, conclude appropriate contracts or agreements with the recipients of your data that serve to protect your data.

 

Data processing in third countries

If we process data in a third country (i.e. outside the European Union (EU), the European Economic Area (EEA)) or if the processing takes place in the context of the use of third-party services or the disclosure or transmission of data to other persons, bodies or companies, this will only be done in accordance with the legal requirements.

Subject to express consent or contractually or legally required transmission, we process or have the data processed only in third countries with a recognized level of data protection, contractual obligation through so-called standard protection clauses of the EU Commission, in the presence of certifications or binding internal data protection regulations (Art. 44 to 49 GDPR, information page of the EU Commission: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection_de).

 

Deletion of data

The data we process will be deleted in accordance with legal requirements as soon as the consent to processing is revoked or other permissions no longer apply (e.g. if the purpose of processing this data no longer applies or it is no longer required for that purpose). If the data is not deleted because it is required for other legally permissible purposes, its processing will be limited to these purposes. This means that the data will be blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons or whose storage is necessary to assert, exercise or defend legal claims or to protect the rights of another natural or legal person.

As part of our privacy policy, we can provide users with further information on the deletion and retention of data that applies specifically to the respective processing operations.

 

Use of cookies

Cookies are small text files or other storage devices that store information on end devices and read information from end devices. For example, they can store the login status in a user account, the contents of a shopping cart in an e-shop, the content accessed, or the functions used in an online offering. Cookies can also be used for various purposes, such as improving the functionality, security, and convenience of online offerings, as well as creating analyses of visitor flows.

Notes on consent: We use cookies in accordance with legal regulations. Therefore, we obtain prior consent from users, unless this is not required by law. Consent is particularly unnecessary if the storage and retrieval of information, including cookies, is absolutely necessary to provide users with a telemedia service they have expressly requested (i.e., our online offering). The revocable consent will be clearly communicated to users and will contain information about the respective cookie usage.

Notes on data protection legal bases: The legal basis under data protection law for processing users' personal data with the help of cookies depends on whether we ask users for their consent. If users consent, the legal basis for processing their data is their declared consent. Otherwise, the data processed with the help of cookies is processed on the basis of our legitimate interests (e.g. in the commercial operation of our online offering and improving its usability) or, if this occurs as part of the fulfillment of our contractual obligations, if the use of cookies is necessary to fulfill our contractual obligations. We explain the purposes for which we process cookies in the course of this data protection declaration or as part of our consent and processing procedures.

Storage period: With regard to the storage period, the following types of cookies are distinguished:

  • Temporary cookies (also: session cookies): Temporary cookies are deleted at the latest after a user has left an online offering and closed his or her device (e.g. browser or mobile application).
  • Persistent cookies: Persistent cookies remain stored even after the device is closed. For example, the login status can be saved or preferred content can be displayed directly when the user visits a website again. Likewise, the user data collected through cookies can be used to measure reach. Unless we provide users with explicit information about the type and storage period of cookies (e.g., when obtaining consent), users should assume that cookies are permanent and can be stored for up to two years.

General information on revocation and objection (opt-out): Users can revoke their consent at any time and also object to processing in accordance with the legal requirements of Art. 21 GDPR. Users can also declare their objection via their browser settings, e.g. by deactivating the use of cookies (although this may also limit the functionality of our online services). An objection to the use of cookies for online marketing purposes can also be made via the websites https://optout.aboutads.info and https://www.youronlinechoices.com/ be explained.

 

Business services

We process data of our contractual and business partners, e.g. customers and interested parties (collectively referred to as “contractual partners”) within the framework of contractual and comparable legal relationships as well as related measures and within the framework of communication with the contractual partners (or pre-contractually), e.g. to answer inquiries.

We process this data to fulfill our contractual obligations. This includes, in particular, the obligation to provide the agreed services, any update obligations, and remedy in the event of warranty and other service disruptions. Furthermore, we process the data to protect our rights and for the purposes of the administrative tasks associated with these obligations, as well as company organization. Furthermore, we process the data on the basis of our legitimate interests in proper and efficient business management and in security measures to protect our contractual partners and our business operations from misuse and the endangerment of their data, secrets, information, and rights (e.g., the involvement of telecommunications, transport, and other auxiliary services, as well as subcontractors, banks, tax and legal advisors, payment service providers, or tax authorities). Within the framework of applicable law, we only pass on contractual partners' data to third parties to the extent necessary for the aforementioned purposes or to fulfill legal obligations. Contractual partners will be informed of other forms of processing, e.g., for marketing purposes, within the framework of this privacy policy.

We will inform our contractual partners which data is required for the aforementioned purposes before or during data collection, e.g. in online forms, by special marking (e.g. colors) or symbols (e.g. asterisks or similar), or in person.

We delete the data after statutory warranty and similar obligations have expired, i.e. generally after four years, unless the data is stored in a customer account, e.g. as long as it must be retained for legal archiving reasons. The statutory retention period is ten years for documents relevant to tax law as well as for commercial books, inventories, opening balance sheets, annual financial statements, the work instructions necessary to understand these documents and other organizational documents and accounting documents, and six years for received commercial and business letters and reproductions of sent commercial and business letters. The period begins at the end of the calendar year in which the last entry was made in the book, the inventory, opening balance sheet, annual financial statements or management report was prepared, the commercial or business letter was received or sent, or the accounting document was created, furthermore the recording was made or the other documents were created.

To the extent that we use third-party providers or platforms to provide our services, the terms and conditions and data protection notices of the respective third-party providers or platforms apply to the relationship between users and the providers.

  • Types of data processed: Inventory data (e.g. names, addresses); payment data (e.g. bank details, invoices, payment history); contact data (e.g. email, telephone numbers); contract data (e.g. contract subject, term, customer category); usage data (e.g. websites visited, interest in content, access times); meta/communication data (e.g. device information, IP addresses).
  • Affected people: Customers; interested parties; business and contractual partners.
  • Purposes of processing: Provision of contractual services and customer service; security measures; contact requests and communication; office and organizational procedures; administration and response to inquiries.
  • Legal basis: Contractual fulfillment and pre-contractual inquiries (Art. 6 (1) (b) GDPR); Legal obligation (Art. 6 (1) (c) GDPR); Legitimate interests (Art. 6 (1) (f) GDPR).

Further information on processing procedures, methods and services:

  • Shop and e-commerce: We process our customers' data to enable them to select, purchase, or order the selected products, goods, and related services, as well as to pay for and deliver them or execute them. If necessary to execute an order, we use service providers, in particular postal, forwarding, and shipping companies, to carry out the delivery or execution for our customers. We use the services of banks and payment service providers to process payment transactions. The required information is marked as such within the order or similar purchase process and includes the information needed for delivery, provision, and billing, as well as contact information for any follow-up questions. Legal basis: Contractual fulfillment and pre-contractual inquiries (Art. 6 (1) (b) GDPR).

 

Provision of the online offer and web hosting

In order to provide our online offering securely and efficiently, we utilize the services of one or more web hosting providers, from whose servers (or servers managed by them) the online offering can be accessed. For these purposes, we may use infrastructure and platform services, computing capacity, storage space, and database services, as well as security and technical maintenance services.

The data processed in the context of providing the hosting service may include all information concerning the users of our online offering that arises during use and communication. This usually includes the IP address, which is necessary to deliver the content of online offerings to browsers, and all entries made within our online offering or on websites.

  • Types of data processed: Content data (e.g., entries in online forms); usage data (e.g., websites visited, interest in content, access times); meta/communication data (e.g., device information, IP addresses).
  • Affected people: Users (e.g. website visitors, users of online services).
  • Purposes of processing: Provision of our online offering and user-friendliness; information technology infrastructure (operation and provision of information systems and technical devices (computers, servers, etc.).
  • Legal basis: Legitimate interests (Art. 6 Para. 1 S. 1 lit. f. GDPR).

Further information on processing procedures, methods and services:

  • Collection of access data and log files: We ourselves (or our web hosting provider) collect data on every access to the server (so-called server log files). These server log files may include the address and name of the accessed web pages and files, the date and time of access, the amount of data transferred, notification of successful access, browser type and version, the user's operating system, the referrer URL (the previously visited page), and, as a rule, IP addresses and the requesting provider.

    The server log files can be used for security purposes, e.g. to avoid overloading the servers (particularly in the case of abusive attacks, so-called DDoS attacks) and to ensure the utilization of the servers and their stability; Legal basis: Legitimate interests (Art. 6 Para. 1 Clause 1 lit. f. GDPR); Deletion of data: Log file information is stored for a maximum of 30 days and then deleted or anonymized. Data that needs to be retained for evidentiary purposes is exempt from deletion until the respective incident has been finally resolved.

 

Contact and inquiry management

When you contact us (e.g. via contact form, email, telephone or via social media) as well as within the framework of existing user and business relationships, the information provided by the person making the inquiry will be processed to the extent necessary to answer the contact inquiries and any requested measures.

The answering of contact inquiries and the management of contact and inquiry data within the framework of contractual or pre-contractual relationships is carried out to fulfill our contractual obligations or to answer (pre-)contractual inquiries and otherwise on the basis of the legitimate interests in answering inquiries and maintaining user or business relationships.

  • Types of data processed: Contact data (e.g., email, telephone numbers); content data (e.g., entries in online forms); usage data (e.g., websites visited, interest in content, access times); meta/communication data (e.g., device information, IP addresses).
  • Affected people: communication partner.
  • Purposes of processing: Provision of contractual services and customer service; contact requests and communication; administration and response to inquiries; feedback (e.g. collecting feedback via online form); provision of our online offering and user-friendliness.
  • Legal basis: Contractual fulfillment and pre-contractual inquiries (Art. 6 (1) (b) GDPR); Legitimate interests (Art. 6 (1) (f) GDPR).

Further information on processing procedures, methods and services:

 

Cloud services

We use software services accessible via the Internet and running on the servers of their providers (so-called "cloud services", also referred to as "software as a service") for the following purposes: document storage and management, calendar management, email sending, spreadsheets and presentations, exchange of documents, content and information with specific recipients or publication of web pages, forms or other content and information as well as chats and participation in audio and video conferences.

Within this framework, personal data may be processed and stored on the providers' servers if it is part of communication processes with us or is otherwise processed by us as set out in this privacy policy. This data may include, in particular, user master data and contact details, data on transactions, contracts, other processes, and their contents. The providers of cloud services also process usage data and metadata, which they use for security purposes and to optimize their services.

If we use cloud services to provide forms, documents, and content to other users or publicly accessible websites, the providers may store cookies on users' devices for web analysis purposes or to remember users' settings (e.g., in the case of media control).

  • Types of data processed: Inventory data (e.g. names, addresses); contact data (e.g. email, telephone numbers); content data (e.g. entries in online forms); usage data (e.g. websites visited, interest in content, access times); meta/communication data (e.g. device information, IP addresses).
  • Affected people: Customers; employees (e.g. employees, applicants, former employees); interested parties; communication partners.
  • Purposes of processing: Office and organizational procedures; information technology infrastructure (operation and provision of information systems and technical equipment (computers, servers, etc.).).
  • Legal basis: Contractual fulfillment and pre-contractual inquiries (Art. 6 (1) (b) GDPR); Legitimate interests (Art. 6 (1) (f) GDPR).

 

Advertising communication via email, post, fax or telephone

We process personal data for the purposes of advertising communication, which can be carried out via various channels, such as e-mail, telephone, post or fax, in accordance with legal requirements.

Recipients have the right to revoke consent given at any time or to object to advertising communication at any time.

After revocation or objection, we will store the data required to prove previous authorization for contacting or sending for up to three years after the end of the year of revocation or objection based on our legitimate interests. The processing of this data is limited to the purpose of a possible defense against claims. Based on our legitimate interest in permanently respecting the user's revocation or objection, we also store the data required to avoid further contact (e.g., depending on the communication channel, the email address, telephone number, name).

  • Types of data processed: Inventory data (e.g. names, addresses); contact data (e.g. e-mail, telephone numbers).
  • Affected people: communication partner.
  • Purposes of processing: Direct marketing (e.g. by email or post).
  • Legal basis: Consent (Art. 6 Para. 1 S. 1 lit. a. GDPR); Legitimate interests (Art. 6 Para. 1 S. 1 lit. f. GDPR).

 

Web analysis, monitoring and optimization

Web analytics (also known as "reach measurement") is used to evaluate visitor traffic to our online offering and may include behavior, interests, or demographic information about visitors, such as age or gender, as pseudonymous values. Reach analysis allows us to determine, for example, when our online offering or its functions or content are most frequently used or encourage reuse. Likewise, we can understand which areas require optimization.

In addition to web analysis, we can also use testing procedures to, for example, test and optimize different versions of our online offering or its components.

Unless otherwise stated below, profiles, i.e., data summarized for a usage process, may be created for these purposes, and information may be stored in a browser or on a device and read from it. The information collected includes, in particular, websites visited and elements used there, as well as technical information such as the browser used, the computer system used, and information on usage times. If users have consented to the collection of their location data by us or by the providers of the services we use, location data may also be processed.

Users' IP addresses are also stored. However, we use an IP masking process (i.e., pseudonymization by shortening the IP address) to protect users. Generally, no real user data (such as email addresses or names) is stored for web analysis, A/B testing, and optimization; instead, pseudonyms are used. This means that neither we nor the providers of the software used know the actual identity of the users, but only the information stored in their profiles for the purposes of the respective processes.

  • Types of data processed: Usage data (e.g., websites visited, interest in content, access times); meta/communication data (e.g., device information, IP addresses).
  • Affected people: Users (e.g. website visitors, users of online services).
  • Purposes of processing: Reach measurement (e.g. access statistics, recognition of returning visitors); profiles with user-related information (creation of user profiles); tracking (e.g. interest/behavior-related profiling, use of cookies); provision of our online offer and user-friendliness.
  • Security measures: IP masking (pseudonymization of the IP address).
  • Legal basis: Consent (Article 6 (1) sentence 1 lit. a. GDPR).

Further information on processing procedures, methods and services:

 

Online marketing

We process personal data for the purposes of online marketing, which may include, in particular, the marketing of advertising space or the presentation of advertising and other content (collectively referred to as “content”) based on the potential interests of users and the measurement of their effectiveness.

For these purposes, so-called user profiles are created and stored in a file (so-called "cookie"), or similar processes are used to store user information relevant to the presentation of the aforementioned content. This information may include, for example, content viewed, websites visited, online networks used, as well as communication partners and technical information such as the browser used, the computer system used, as well as information on usage times and functions used. If users have consented to the collection of their location data, this may also be processed.

Users' IP addresses are also stored. However, we use available IP masking procedures (i.e., pseudonymization by shortening the IP address) to protect users. Generally, no real user data (such as email addresses or names) is stored as part of the online marketing process; instead, pseudonyms are used. This means that neither we nor the providers of the online marketing process know the actual identity of the users, only the information stored in their profiles.

The information in profiles is usually stored in cookies or similar processes. These cookies can generally also be read later on other websites that use the same online marketing process, analyzed for the purpose of displaying content, and supplemented with additional data and stored on the server of the online marketing process provider.

In exceptional cases, clear data may be assigned to profiles. This is the case, for example, if users are members of a social network whose online marketing processes we use, and the network links the users' profiles with the aforementioned information. Please note that users may enter into additional agreements with the providers, e.g., by providing consent during registration.

We generally only receive access to aggregated information about the success of our advertisements. However, as part of so-called conversion measurements, we can check which of our online marketing processes led to a so-called conversion, i.e., to the conclusion of a contract with us. Conversion measurements are used solely to analyze the success of our marketing measures.

Unless otherwise stated, we ask you to assume that cookies used will be stored for a period of two years.

  • Types of data processed: Usage data (e.g., websites visited, interest in content, access times); meta/communication data (e.g., device information, IP addresses).
  • Affected people: Users (e.g. website visitors, users of online services).
  • Purposes of processing: Reach measurement (e.g. access statistics, recognition of returning visitors); tracking (e.g. interest/behavior-related profiling, use of cookies); profiles with user-related information (creation of user profiles); provision of our online offer and user-friendliness; marketing.
  • Security measures: IP masking (pseudonymization of the IP address).
  • Legal basis: Consent (Article 6 (1) sentence 1 lit. a. GDPR).
  • Opt-out option: We refer to the privacy policies of the respective providers and the opt-out options provided for each provider. If no explicit opt-out option has been provided, you can disable cookies in your browser settings. However, this may limit the functionality of our online offering. We therefore recommend the following additional opt-out options, which are summarized for each area:

    a) Europe: https://www.youronlinechoices.eu.
    b) Canada: https://www.youradchoices.ca/choices.
    c) United States: https://www.aboutads.info/choices.
    d) Cross-regional: https://optout.aboutads.info.

Further information on processing procedures, methods and services:

  • Facebook Pixel and target group creation (Custom Audiences): With the help of the Facebook pixel (or comparable functions for transmitting event data or contact information via interfaces in apps), Facebook is able to determine visitors to our online offering as a target group for the display of advertisements (so-called "Facebook Ads"). Accordingly, we use the Facebook pixel to display the Facebook ads we place only to users on Facebook and within the services of partners cooperating with Facebook (so-called "Audience Network"). https://www.facebook.com/audiencenetwork/ ) who have also shown an interest in our online offering or who have certain characteristics (e.g. interest in certain topics or products that can be seen from the websites visited) that we transmit to Facebook (so-called "Custom Audiences"). With the help of the Facebook pixel, we also want to ensure that our Facebook ads correspond to the potential interests of users and do not appear annoying. With the help of the Facebook pixel, we can also track the effectiveness of Facebook ads for statistical and market research purposes by seeing whether users were redirected to our website after clicking on a Facebook ad (so-called "conversion measurement"); Service provider: Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland; Legal basis: Consent (Article 6 (1) sentence 1 lit. a. GDPR); Website: https://www.facebook.com; Privacy Policy: https://www.facebook.com/about/privacy; Standard contractual clauses (ensuring data protection levels when processing in third countries): The “Facebook EU Data Transfer Supplement” (https://www.facebook.com/legal/EU_data_transfer_addendum) in the case of order processing by Facebook as the basis for the processing of event data of EU citizens in the USA and the inclusion in the “Facebook Platform Terms of Use” (https://developers.facebook.com/terms) with regard to the independent processing of event data by Facebook in the context of advertising; Additional Information: The �Data Processing Conditions� (https://www.facebook.com/legal/terms/dataprocessing/update) with regard to event data that Facebook processes on its behalf to provide companies with reports and analyses; Furthermore, the "Controller Addendum" is considered a joint controllership agreement (Article 26 (1) (3) GDPR), which is relevant in the case of Facebook's independent processing of event data for the purposes of targeting, improving, and securing Facebook products.

 

Affiliate programs and affiliate links

We integrate so-called affiliate links or other references (which may include, for example, search masks, widgets, or discount codes) to offers and services from third-party providers (collectively referred to as "affiliate links") into our online offering. If users follow the affiliate links or subsequently take advantage of the offers, we may receive a commission or other benefits from these third-party providers (collectively referred to as "commission").

In order to track whether users have taken advantage of the offers of an affiliate link we use, it is necessary for the respective third-party providers to know that users have followed an affiliate link used within our online offering. The assignment of the affiliate links to the respective business transactions or other actions (e.g., purchases) serves solely the purpose of commission settlement and is canceled as soon as it is no longer required for this purpose.

For the purposes of the aforementioned assignment of affiliate links, the affiliate links may be supplemented with certain values that are part of the link or can be stored otherwise, e.g., in a cookie. These values may include, in particular, the source website (referrer), the time, an online identifier of the operator of the website on which the affiliate link was located, an online identifier of the respective offer, the type of link used, the type of offer, and an online identifier of the user.

Notes on legal basis: If we ask users for their consent to the use of third-party providers, the legal basis for data processing is consent. Otherwise, user data is processed based on our legitimate interests (i.e., interest in efficient, economical, and user-friendly services). In this context, we would also like to draw your attention to the information on the use of cookies in this privacy policy.

  • Types of data processed: Contract data (e.g., subject matter of the contract, term, customer category); usage data (e.g., websites visited, interest in content, access times); meta/communication data (e.g., device information, IP addresses).
  • Affected people: Users (e.g. website visitors, users of online services).
  • Purposes of processing: Affiliate tracking.
  • Legal basis: Consent (Art. 6 Para. 1 S. 1 lit. a. GDPR); Legitimate interests (Art. 6 Para. 1 S. 1 lit. f. GDPR).

 

Customer reviews and rating processes

We participate in review and rating processes to evaluate, optimize, and promote our services. If users rate us via the participating rating platforms or processes or otherwise provide feedback, the providers' general terms and conditions of use and privacy policies also apply. Typically, the rating also requires registration with the respective providers.

To ensure that the reviewers have actually used our services, we transmit, with the customer's consent, the necessary data regarding the customer and the service used to the respective review platform (including name, email address, and order number or item number). This data is used solely to verify the user's authenticity.

  • Types of data processed: Contract data (e.g., subject matter of the contract, term, customer category); usage data (e.g., websites visited, interest in content, access times); meta/communication data (e.g., device information, IP addresses).
  • Affected people: Customers; users (e.g. website visitors, users of online services).
  • Purposes of processing: Feedback (e.g. collecting feedback via online form); Marketing.
  • Legal basis: Legitimate interests (Art. 6 Para. 1 S. 1 lit. f. GDPR).

Further information on processing procedures, methods and services:

 

Presences in social networks (social media)

We maintain online presences within social networks and, in this context, process user data in order to communicate with the users active there or to offer information about us.

We would like to point out that user data may be processed outside the European Union. This could pose risks for users, for example, because it could make it more difficult to enforce their rights.

Furthermore, user data within social networks is generally processed for market research and advertising purposes. For example, user profiles can be created based on user behavior and the resulting interests of the users. These user profiles can then be used, for example, to place advertisements within and outside the networks that presumably correspond to the interests of the users. For these purposes, cookies are generally stored on users' computers in which the user behavior and interests are saved. Furthermore, user profiles can also store data independent of the devices used by the users (particularly if the users are members of the respective platforms and are logged in to them).

For a detailed description of the respective processing methods and the options for opting out, please refer to the privacy policies and information provided by the operators of the respective networks.

In the case of requests for information and the assertion of data subject rights, we would like to point out that these can be most effectively asserted with the providers. Only the providers have access to the user data and can directly take appropriate measures and provide information. If you still need assistance, please contact us.

  • Types of data processed: Contact data (e.g., email, telephone numbers); content data (e.g., entries in online forms); usage data (e.g., websites visited, interest in content, access times); meta/communication data (e.g., device information, IP addresses).
  • Affected people: Users (e.g. website visitors, users of online services).
  • Purposes of processing: Contact requests and communication; feedback (e.g. collecting feedback via online form); marketing.
  • Legal basis: Legitimate interests (Art. 6 Para. 1 S. 1 lit. f. GDPR).

Further information on processing procedures, methods and services:

 

Management, organization and tools

We use services, platforms, and software from other providers (hereinafter referred to as "third-party providers") for the purposes of organizing, managing, planning, and providing our services. We comply with legal requirements when selecting third-party providers and their services.

In this context, personal data may be processed and stored on the servers of third-party providers. This may affect various data that we process in accordance with this privacy policy. This data may include, in particular, user master data and contact details, data on transactions, contracts, other processes, and their content.

If users are referred to third-party providers or their software or platforms as part of their communication, business, or other relationships with us, these third-party providers may process usage data and metadata for security purposes, service optimization, or marketing purposes. We therefore ask you to observe the privacy policies of the respective third-party providers.

  • Types of data processed: Content data (e.g., entries in online forms); usage data (e.g., websites visited, interest in content, access times); meta/communication data (e.g., device information, IP addresses); contract data (e.g., subject matter of the contract, term, customer category).
  • Affected people: Communication partners; users (e.g. website visitors, users of online services); interested parties; business and contractual partners.
  • Purposes of processing: Provision of contractual services and customer service; office and organizational procedures; contact requests and communication; reach measurement (e.g. access statistics, recognition of recurring visitors); remarketing; conversion measurement (measurement of the effectiveness of marketing measures); marketing; profiles with user-related information (creation of user profiles).
  • Legal basis: Legitimate interests (Art. 6 Para. 1 S. 1 lit. f. GDPR).

Further information on processing procedures, methods and services:

 

Changes and updates to the privacy policy

We ask you to inform yourself regularly about the content of our privacy policy. We will adapt the privacy policy as soon as changes to the data processing we carry out make this necessary. We will inform you as soon as the changes require your cooperation (e.g., consent) or other individual notification.

If we provide addresses and contact information of companies and organizations in this privacy policy, please note that the addresses may change over time and ask you to check the information before contacting us.

 

Rights of the data subjects

As a data subject, you are entitled to various rights under the GDPR, which arise in particular from Articles 15 to 21 of the GDPR:

  • Right of objection: You have the right to object at any time to the processing of personal data concerning you based on Art. 6 (1) (e) or (f) GDPR, for reasons related to your particular situation; this also applies to profiling based on these provisions. If the personal data concerning you is processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for the purposes of such advertising; this also applies to profiling insofar as it is related to such direct marketing.
  • Right of revocation for consent: You have the right to revoke your consent at any time.
  • Right of providing information: You have the right to request confirmation as to whether the data in question is being processed and to obtain information about this data as well as further information and a copy of the data in accordance with the statutory requirements.
  • Right to rectification: In accordance with the statutory provisions, you have the right to request that the data concerning you be completed or that inaccurate data concerning you be corrected.
  • Right to erasure and restriction of processing: In accordance with the statutory provisions, you have the right to request that data concerning you be deleted immediately or, alternatively, to request that the processing of the data be restricted in accordance with the statutory provisions.
  • Right to data portability: You have the right to receive the data concerning you that you have provided to us in a structured, common and machine-readable format in accordance with the legal requirements or to request that it be transmitted to another controller.
  • Complaint to the supervisory authority: In accordance with the statutory provisions and without prejudice to any other administrative or judicial remedy, you also have the right to lodge a complaint with a data protection supervisory authority, in particular a supervisory authority in the Member State in which you habitually reside, the supervisory authority of your place of work or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.

 

Definitions

This section provides an overview of the terms used in this privacy policy. Many of the terms are taken from the law and are defined primarily in Art. 4 GDPR. The legal definitions are binding. The following explanations, however, are primarily intended to facilitate understanding. The terms are sorted alphabetically.

  • Affiliate Tracking: As part of affiliate tracking, links that link websites to websites with product or other offers are logged. The operators of the respective linking websites can receive a commission if users follow these so-called affiliate links and subsequently take advantage of the offers (e.g., purchase goods or use services). To do this, it is necessary for the providers to be able to track whether users who are interested in certain offers subsequently take advantage of them as a result of the affiliate links. Therefore, for affiliate links to function properly, they must be supplemented with certain values that become part of the link or are stored elsewhere, e.g., in a cookie. These values include, in particular, the source website (referrer), the time, an online identifier of the operator of the website on which the affiliate link was located, an online identifier of the respective offer, an online identifier of the user, as well as tracking-specific values, such as advertising material ID, partner ID, and categorizations.
  • Conversion measurement: Conversion measurement (also known as "visit action analysis") is a method used to determine the effectiveness of marketing measures. This typically involves storing a cookie on users' devices within the websites where the marketing measures are carried out and then retrieving it on the target website. For example, this allows us to understand whether the ads we place on other websites were successful.
  • Personal data: “Personal data” means any information relating to an identified or identifiable natural person (hereinafter referred to as “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 (e.g. a cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
  • Profiles with user-related information: The processing of "profiles with user-related information", or "profiles" for short, includes any type of automated processing of personal data consisting of the use of this personal data to analyze, evaluate, or predict certain personal aspects relating to a natural person (depending on the type of profiling, this may include different information relating to demographics, behavior, and interests, such as interaction with websites and their content, etc.). Cookies and web beacons are often used for profiling purposes.
  • Reach measurement: Reach measurement (also known as web analytics) is used to evaluate visitor traffic to an online offering and can include visitor behavior or interests in specific information, such as website content. With the help of reach analysis, website owners can, for example, identify when visitors visit their website and what content they are interested in. This allows them to, for example, better tailor website content to the needs of their visitors. For reach analysis purposes, pseudonymous cookies and web beacons are often used to recognize returning visitors and thus obtain more precise analyses of the use of an online offering.
  • Remarketing: “Remarketing” or “retargeting” is the term used when, for example, for advertising purposes, it is noted which products a user was interested in on a website in order to remind the user of these products on other websites, e.g. in advertisements.
  • Tracking: "Tracking" occurs when user behavior can be tracked across multiple online offerings. Typically, behavioral and interest information related to the online offerings used is stored in cookies or on the servers of the tracking technology providers (so-called profiling). This information can then be used, for example, to display advertisements to users that are likely to correspond to their interests.
  • Responsible: The “controller” is the natural or legal person, public authority, agency or other body which alone or jointly with others decides on the purposes and means of the processing of personal data.
  • Processing: "Processing" is any operation or set of operations performed on personal data or on sets of personal data, whether or not by automated means. The term is broad and encompasses virtually any handling of data, whether it involves collecting, analyzing, storing, transmitting, or deleting.
 
 

Imprint

Gamesright GmbH
Esplanade 41
20354 Hamburg

contact (at) gamesright.de

Please understand that we cannot offer telephone support.

District Court of Hamburg, HRB 175203
VAT identification number: not yet known
Authorized representative: Jan Beuck

In the event of a dispute regarding our contract, we will endeavor to resolve it amicably with you. Furthermore, we are not obligated to participate in dispute resolution proceedings and do not participate in dispute resolution proceedings before a consumer arbitration board.

The European Commission provides an online platform for out-of-court dispute resolution. The dispute resolution platform can be accessed via the following link:
http://ec.europa.eu/consumers/odr/