Gamesright

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gamesright
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

Reimbursement of losses from illegal sports bets Court bombshell: Federal Court of Justice (BGH) finds players in the right!

8 April 2024

As pioneers in online sports betting reclaims, Gamesright has been financing proceedings against European gambling operators since 2021. A case financed by Gamesright has just become the first to make it to the Federal Court of Justice (BGH) (we reported).

For over a decade, online sports betting providers without a German license have offered prohibited bets. They cite licenses from abroad and negligence on the part of the German authorities. The ones who suffer are the players who believed the providers' advertising. Almost all of them have lost their money. Many have also lost their families and their livelihoods. The Federal Government's gambling atlas speaks of 1.3 million citizens with gambling disorders.

Now the Federal Court of Justice intends to rule in favor of the player in a decision that has not yet been published! The provider must then refund his money. The chances of all affected consumers have thus increased dramatically! Because it is common for local courts to follow the legal opinion of the Federal Court of Justice.

“The chances of all affected consumers have increased dramatically!”

The German press is reporting euphorically about the player-friendly decision. SPIEGEL, BILD, Zeit, Hamburger Abendblatt, Welt, Süddeutsche Zeitung, FAZ and many others specifically mention Gamesright.

Bild.de, for example, headlined on April 5, 2024:

„Claim back sports betting losses: How to get your money„

According to some experts, the BGH has left open whether players' claims expire after three or ten years. Money previously paid in can no longer be reclaimed after this period. The statute of limitations can be stopped by filing a lawsuit quickly. Those affected should therefore act immediately and seek legal advice. Gamesright bears all associated costs and only receives a share if money is actually paid back. Those affected therefore have no costs and no financial risks now - they can only win.

Conclusion

With the advisory decision of March 22, 2024, the Federal Court of Justice has clearly shown the direction in which its ruling will go. It is thereby encouraging all affected players to recoup their losses. At the same time, it is sending a clear signal to all providers who have offered online sports betting without a German license.

Please direct inquiries to: [email protected]

Would you like to finance a claim or sell your claim? Please use our application form on 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.

Data protection

Introduction

With the following data protection declaration, 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 data protection declaration applies to all processing of personal data carried out by us, both in the context of the provision of 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 "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 summarises the types of data processed and the purposes of their processing and refers to the persons concerned.

 

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.
  • Safety 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 legal bases of the GDPR on the basis of which we process personal data. Please note that in addition to the provisions of the GDPR, national data protection regulations may apply in your or our country of residence or domicile. If more specific legal bases are relevant in individual cases, we will inform you of these in the data protection declaration.

  • Consent (Art. 6 para. 1 sentence 1 lit. a. GDPR) – The data subject has given consent to the processing of personal data concerning him or her for a specific purpose or for several specific purposes.
  • Contract fulfilment and pre-contractual inquiries (Art. 6 Para. 1 Clause 1 lit. 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, except where 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 regulations of the General Data Protection Regulation, national regulations on data protection apply in Germany. This includes in particular the law on protection against misuse of personal data in data processing (Federal Data Protection Act - BDSG). The BDSG contains special regulations on the right to information, the right to erasure, the right to object, the processing of special categories of personal data, processing for other purposes and transmission and automated decision-making in individual cases, including profiling. It also regulates data processing for the purposes of the employment relationship (Section 26 BDSG), in particular with regard to the establishment, implementation or termination of employment relationships and the consent of employees. In addition, state data protection laws of the individual federal states may apply.

 

Safety 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 organizational measures to ensure a level of protection appropriate to the risk.

The measures include in particular ensuring the confidentiality, integrity and availability of data by controlling physical and electronic access to the data as well as access to it, input, transfer, ensuring availability and separation. Furthermore, we have set up procedures that ensure the exercise of data subject rights, the deletion of data and reactions to data threats. Furthermore, we take the protection of personal data into account when developing or selecting 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): We use SSL encryption to protect the data you transmit via our website. You can recognize encrypted connections of this type by the prefix https:// in the address line of your browser.

 

Transmission of personal data

As part of our processing of personal data, it may happen that the data is transmitted to other bodies, companies, legally independent organizational units or persons or that it is disclosed to them. The recipients of this data may include, for example, service providers commissioned with IT tasks or providers of services and content that are integrated into a website. In such cases, we observe the 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 only process or have the data processed 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 is deleted in accordance with legal requirements as soon as the consents to processing are 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 the purpose). If the data is not deleted because it is required for other legally permissible purposes, its processing will be restricted 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 data protection information, we can provide users with further information on the deletion and storage of data that applies specifically to the respective processing operations.

 

Use of cookies

Cookies are small text files or other storage notes that store information on end devices and read information from the end devices. For example, to 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 service. Cookies can also be used for different purposes, e.g. to ensure the functionality, security and convenience of online services and to create analyses of visitor flows.

Notes on consent: We use cookies in accordance with legal regulations. We therefore obtain prior consent from users, unless this is not required by law. Consent is not necessary in particular if the storage and reading of information, including cookies, is absolutely necessary in order to provide users with a telemedia service that they have expressly requested (i.e. our online offering). The revocable consent is clearly communicated to users and contains information on the respective cookie usage.

Notes on data protection legal bases: The legal basis under data protection law on which we process users' personal data using cookies depends on whether we ask users for consent. If users consent, the legal basis for processing their data is their declared consent. Otherwise, the data processed using 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 is done as part of fulfilling our contractual obligations, if the use of cookies is necessary to fulfill our contractual obligations. We will explain the purposes for which we process cookies in the course of this data protection declaration or as part of our consent and processing processes.

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: Permanent 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. The user data collected using cookies can also 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 that the storage period can be up to two years.

General information on revocation and objection (opt-out): Users can revoke the consent they have given at any time and also object to the processing in accordance with the legal requirements in Art. 21 GDPR. Users can also declare their objection via the settings of their browser, 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 in order to fulfil our contractual obligations. This includes in particular the obligations to provide the agreed services, any updating obligations and remedy in the event of warranty and other service disruptions. In addition, we process the data to protect our rights and for the purposes of the administrative tasks associated with these obligations and the company organization. In addition, we process the data on the basis of our legitimate interests in proper and economical business management and in security measures to protect our contractual partners and our business operations from misuse, 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 the data of contractual partners to third parties to the extent that this is necessary for the aforementioned purposes or to fulfil legal obligations. The contractual partners are informed about other forms of processing, e.g. for marketing purposes, in the context of this data protection declaration.

We 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 4 years, unless the data is saved in a customer account, e.g. as long as it must be kept for legal archiving reasons. The statutory retention period is ten years for documents relevant under tax law as well as for commercial books, inventories, opening balance sheets, annual financial statements, the work instructions required 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 drawn up, the commercial or business letter was received or sent, or the accounting document was created, 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 the 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. subject of 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; prospective customers; business and contractual partners.
  • Purposes of processing: Provision of contractual services and customer service; security measures; contact requests and communications; office and organizational procedures; administration and response to inquiries.
  • Legal basis: Contract performance and pre-contractual inquiries (Art. 6 Para. 1 S. 1 lit. b. GDPR); Legal obligation (Art. 6 Para. 1 S. 1 lit. c. GDPR); Legitimate interests (Art. 6 Para. 1 S. 1 lit. 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 associated services, as well as to pay for and deliver 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 in the order or comparable purchase process and includes the information required for delivery, provision and billing, as well as contact information in order to be able to hold any consultations; Legal basis: Contract fulfillment and pre-contractual inquiries (Art. 6 Para. 1 S. 1 lit. b. GDPR).

 

Provision of the online offer and web hosting

In order to provide our online offering securely and efficiently, we use 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 services 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 service that arises in the context of use and communication. This usually includes the IP address, which is necessary in order to be able to deliver the content of online services to browsers, and all entries made within our online service 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). The server log files can include the address and name of the websites and files accessed, the date and time of access, the amount of data transferred, notification of successful access, browser type and version, the user's operating system, 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, e-mail, telephone or via social media) and within the framework of existing user and business relationships, the information provided by the inquiring persons is processed to the extent necessary to answer the contact inquiries and any requested measures.

The answering of contact inquiries as well as the administration 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: Contract performance and pre-contractual inquiries (Art. 6 Para. 1 Clause 1 Letter b. GDPR); Legitimate interests (Art. 6 Para. 1 Clause 1 Letter 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, e-mail 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.

In this context, personal data may be processed and stored on the providers' servers if they are part of communication processes with us or are otherwise processed by us as set out in this data protection declaration. This data may include, in particular, master data and contact details of users, data on transactions, contracts, other processes and their contents. The providers of the cloud services also process usage data and metadata, which they use for security purposes and to optimize the service.

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 the purposes of web analysis 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: Contract performance and pre-contractual inquiries (Art. 6 Para. 1 Clause 1 Letter b. GDPR); Legitimate interests (Art. 6 Para. 1 Clause 1 Letter f. GDPR).

 

Advertising communication via email, post, fax or telephone

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

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

After revocation or objection, we 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 on the basis of our legitimate interests. The processing of this data is limited to the purpose of a possible defense against claims. On the basis of the 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 analysis (also known as "reach measurement") is used to evaluate the flow of visitors to our online offering and can include behavior, interests or demographic information about visitors, such as age or gender, as pseudonymous values. With the help of reach analysis, we can, for example, identify at what time our online offering or its functions or content are most frequently used or invite reuse. We can also understand which areas require optimization.

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

Unless otherwise stated below, profiles, i.e. data summarized for a usage process, can be created for these purposes and information can be stored in a browser or in 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 us or the providers of the services we use collecting their location data, location data can also be processed.

The IP addresses of the users are also stored. However, we use an IP masking process (i.e. pseudonymization by shortening the IP address) to protect users. In general, no clear user data (such as email addresses or names) is stored as part of web analysis, A/B testing and optimization, but rather pseudonyms. This means that neither we nor the providers of the software used know the actual identity of the users, 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.
  • Safety 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 procedures are used by means of which the information about the user relevant to the presentation of the aforementioned content is stored. This information may include, for example, content viewed, websites visited, online networks used, but also 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 can also be processed.

The IP addresses of the users are also stored. However, we use available IP masking procedures (ie pseudonymization by shortening the IP address) to protect the users. In general, no clear data of the users (such as email addresses or names) is stored as part of the online marketing process, but pseudonyms. 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 the profiles is usually stored in cookies or using similar processes. These cookies can generally also be read later on other websites that use the same online marketing process and analyzed for the purposes of displaying content, as well as supplemented with further data and stored on the server of the online marketing process provider.

In exceptional cases, clear data can be assigned to profiles. This is the case if, for example, the 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 can make additional agreements with the providers, e.g. by giving their consent during registration.

In principle, we only receive access to summarized information about the success of our advertisements. However, as part of so-called conversion measurements, we can check which of our online marketing processes have led to a so-called conversion, ie, for example, to the conclusion of a contract with us. The conversion measurement is used solely to analyze the success of our marketing measures.

Unless otherwise stated, please 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.
  • Safety 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 data protection information of the respective providers and the objection options specified for the providers (so-called "opt-out"). If no explicit opt-out option has been specified, you have the option of deactivating cookies in your browser settings. However, this may restrict functions of our online offering. We therefore also recommend the following opt-out options, which are offered in summary for the respective areas:

    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 the 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 only show the Facebook ads placed by us to those 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 advertisements for statistical and market research purposes by seeing whether users were redirected to our website after clicking on a Facebook advertisement (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; Data protection: https://www.facebook.com/about/privacy; Standard contractual clauses (ensuring data protection level when processing in third countries): The “Facebook EU Data Transfer Addendum” (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 from 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 in order to provide companies with reports and analyses; Furthermore, the "Addendum for Controllers" is considered an agreement on joint responsibility (Art. 26 Para. 1 Clause 3 GDPR), which is decisive in the case of Facebook's independent processing of event data for the purposes of targeting and improving and securing Facebook products.

 

Affiliate programs and affiliate links

In our online offering, we include so-called affiliate links or other references (which may include search masks, widgets or discount codes, for example) to the offers and services of third-party providers (collectively referred to as "affiliate links"). 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 be able to track whether users have taken advantage of the offers of an affiliate link used by us, it is necessary for the respective third-party providers to know that users have followed an affiliate link used within our online offer. The assignment of the affiliate links to the respective business transactions or other actions (e.g. purchases) serves solely the purpose of commission accounting 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 can be supplemented with certain values that are part of the link or can be stored elsewhere, e.g. in a cookie. The values can 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 use third-party providers, the legal basis for processing data is consent. Otherwise, user data is processed on the basis of our legitimate interests (i.e. interest in efficient, economical and recipient-friendly services). In this context, we would also like to draw your attention to the information on the use of cookies in this data protection declaration.

  • 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 general terms and conditions or terms of use and the data protection notices of the providers also apply. As a rule, the rating also requires registration with the respective providers.

In order to ensure that the people providing the reviews have actually used our services, we transmit 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) with the customer's consent. This data is used solely to verify the authenticity of the user.

  • 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 process user data in this context 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 may result in risks for users because it could, for example, make it more difficult to enforce user rights.

Furthermore, the data of users within social networks is usually processed for market research and advertising purposes. For example, user profiles can be created based on the user's usage behavior and the resulting interests. The user profiles can in turn be used, for example, to place advertisements within and outside the networks that presumably correspond to the user's interests. For these purposes, cookies are usually stored on the user's computers in which the user's usage behavior and interests are stored. Furthermore, data can also be stored in the user profiles regardless of the devices used by the user (especially 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 objection (opt-out), please refer to the data protection declarations 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 asserted most effectively with the providers. Only the providers have access to the user data and can take appropriate measures and provide information directly. If you still need help, you can 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. When selecting third-party providers and their services, we observe the legal requirements.

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 data protection declaration. This data may include, in particular, master data and contact details of users, data on transactions, contracts, other processes and their contents.

If users are referred to third-party providers or their software or platforms as part of communication, business or other relationships with us, the third-party providers may process usage data and metadata for security purposes, to optimize the service or for marketing purposes. We therefore ask that you observe the data protection notices 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. contract subject matter, 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 returning 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 regularly inform yourself 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 please 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 to object: You have the right to object at any time to the processing of personal data concerning you which is carried out on the basis of 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 are processed in order to conduct direct advertising, 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 advertising.
  • 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 or not data concerning you is being processed and to obtain information about this data as well as further information and a copy of the data in accordance with legal 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 made available 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 responsible party.
  • 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 are habitually resident, 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 you with 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 intended primarily to aid understanding. The terms are sorted alphabetically.

  • Affiliate Tracking: As part of affiliate tracking, links that the linked websites use to refer users to websites with product or other offers are logged. The operators of the respective linked websites can receive a commission if users follow these so-called affiliate links and then take advantage of the offers (e.g. buy 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 then take advantage of them at the instigation of the affiliate links. Therefore, in order for affiliate links to function, they must be supplemented with certain values that become part of the link or are stored elsewhere, e.g. in a cookie. The 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 evaluation") is a process that can be used to determine the effectiveness of marketing measures. This usually involves storing a cookie on the user's device within the websites on which the marketing measures take place and then retrieving it on the target website. For example, this allows us to see whether the ads we have placed 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.) (e.g. interests in certain content or products, click behavior on a website or location). Cookies and web beacons are often used for profiling purposes.
  • Reach measurement: Reach measurement (also known as web analytics) is used to evaluate the flow of visitors to an online offering and can include the behavior or interests of visitors in certain information, such as the content of websites. With the help of reach analysis, website owners can, for example, recognize at what time visitors visit their website and what content they are interested in. This enables them, for example, to better adapt the content of the website to the needs of their visitors. Pseudonymous cookies and web beacons are often used for the purposes of reach analysis in order to recognize returning visitors and thus obtain more precise analyses of the use of an online offering.
  • Remarketing: “Remarketing” or “retargeting” is 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” is when the behavior of users can be tracked across multiple online offerings. As a rule, behavior and interest information relating to the online offerings used is stored in cookies or on servers of the tracking technology providers (so-called profiling). This information can then be used, for example, to show users advertisements that are likely to correspond to their interests.
  • Responsible: The “controller” means 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 which is performed on personal data or on sets of personal data, whether or not by automated means. The term is broad and covers practically every handling of data, be it collection, evaluation, storage, transmission or deletion.
 
 

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 disagreement regarding our contract, we will endeavour to resolve it amicably with you. Furthermore, we are not obliged to participate in a dispute resolution procedure and do not participate in a dispute resolution procedure before a consumer arbitration board.

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