Privacy Policy

Table of contents

 

  1. Who are we? (controller)
  2. Contact details of our data protection officer
  3. What do we process your personal data for and on what legal basis?
  4. Who receives your personal data and why?
  5. When do we give data to countries that do not belong to the european economic area?
  6. How long do we store your data?
  7. Are you obliged to provide us with personal data?
  8. Log files (Browser information)
  9. Cookies
  10. Newsletter
  11. Your rights (rights of the data subject)
  12. Contact

 

The following privacy policy applies to the online service under esports.com (“Online Service”).

If you wish to read or print the entire document in context, please click here.

We participate in the “IAB Europe Transparency & Consent Framework” and adhere to its specifications and guidelines. We use the Consent Management Platform (CMP) with the identification number 5 in connection with cookie-based processes.

 

1. Who are we? (controller)

 

Responsible in the sense of data protection law is eSports.com GSA GmbH, Medienallee 7 D-85774 Unterfoehring, info@esports.com, hereinafter “we” or “us”.

Exceptions are explained in this privacy policy.

 

2. Contact details of our data protection officer

 

Should you have any questions regarding this privacy policy or generally regarding the processing of your data within the context of this Online Service, please contact our data protection officer:

eSports.com GSA GmbH, Medienallee 7 D-85774 Unterfoehring, datenschutz@esports.com

 

3. What do we process your personal data for and on what legal basis?

 

Personal data is any information relating to an identified or identifiable natural person. When we process personal data, this means that we for example collect, store, use, transmit to others or delete them.

We process your personal data for the following purposes and on the basis of the legal bases mentioned. In the event that the data pro-cessing is based on the legal basis of legitimate interest, we will also explain our legitimate interest that we are pursuing with the pro-cessing.

General purposes of processing:

  1. Purpose of the processing:
    Provision of this Online Service. This includes in particular:

    • Enabling the use of the Online Service for non-registered us-ers;
    • Providing a contact facility and answering inquiries sent through it

    the legal basis of the processing and, where relevant, information on the legiti-mate interest:
    Performance of the contract

  2. Purpose of the processing:
    Conducting competitions in accordance with the respective competi-tion conditions.
    the legal basis of the processing and, where relevant, information on the legiti-mate interest:
    Performance of the contract
  3. Purpose of the processing:
    Detection and, if necessary, blocking of users who have installed a so-called adblocker and thus block advertising.
    the legal basis of the processing and, where relevant, information on the legiti-mate interest:
    Legitimate interest (in making our wholly or partially advertising-financed services availa-ble only to users who do not block advertising)
  4. Purpose of the processing:
    Dispatch of an e-mail newsletter on own offers without registration.
    the legal basis of the processing and, where relevant, information on the legiti-mate interest:
    Legitimate interest (in direct marketing, as long as such direct marketing does not require con-sent under German competition law because it is directed at existing customers)
  5. Purpose of the processing:
    Information security: determination of malfunctions and guarantee of system security, including detection and tracking of unauthorised access and attempted access to our web servers.
    the legal basis of the processing and, where relevant, information on the legiti-mate interest:
    Fulfilment of our legal obligations to comply with data security as well as a legitimate inter-est (in the elimination of faults, the guarantee of system security and the detection and tracking of unauthorised access attempts or accesses)
  6. Purpose of the processing:
    Compliance with statutory retention obligations and other legal obliga-tions (e.g. in connection with tax audits).
    the legal basis of the processing and, where relevant, information on the legiti-mate interest:
    Fulfilment of our legal obligations, particularly with regard to the retention of certain infor-mation and in connection with tax audits; legit-imate interest (in creating the conditions for compliance with legal obligations)
  7. Purpose of the processing:
    Protection and defence of our rights.
    the legal basis of the processing and, where relevant, information on the legiti-mate interest:
    Legitimate interest (in the assertion and de-fence of our rights)
  8. Purpose of the processing:
    Sale of all or part of the business.
    the legal basis of the processing and, where relevant, information on the legiti-mate interest:
    Legitimate interest (in transferring customer data to the purchaser in connection with the sale of our business operations; as a rule, this requires that the customers have agreed to a transfer of contract or have not objected to a transfer after receiving sufficient information)

Please note your right to object to the processing of data for direct marketing purposes or for personal reasons (see sections Your right to object to direct marketing and Your right to object for personal reasons).

Purposes of processing in connection with cookies and similar technologies

Cookie-based processes are integrated into this Online Service. We participate in the “IAB Europe Transparency & Consent Frame-work” and adhere to its specifications and guidelines. Below you will find information on the purposes for which we or our partners use cookies and similar technologies. You can learn more about this in our CMP.

  1. Purpose of the processing:
    Select basic ads. Ads can be shown to you based on the content you’re viewing, the app you’re using, your approximate location, or your device type.
    the legal basis of the processing and, where relevant, information on the legiti-mate interest:
    Legitimate interest or consent (according to the legal basis in our CMP)
  2. Purpose of the processing:
    Create a personalised ads profile. A profile can be built about you and your interests to show you personalised ads that are relevant to you.
    the legal basis of the processing and, where relevant, information on the legiti-mate interest:
    Consent
  3. Purpose of the processing:
    Select personalised ads. Personalised ads can be shown to you based on a profile about you ads that are relevant to you.
    the legal basis of the processing and, where relevant, information on the legiti-mate interest:
    Consent
  4. Purpose of the processing:
    Create a personalised content profile. A profile can be built about you and your interests to show you personalised content that is relevant to you.
    the legal basis of the processing and, where relevant, information on the legiti-mate interest:
    Consent
  5. Purpose of the processing:
    Select personalised content. Personalised content can be shown to you based on a profile about you.
    the legal basis of the processing and, where relevant, information on the legiti-mate interest:
    Consent
  6. Purpose of the processing:
    Measure ad performance. The performance and effectiveness of ads that you see or interact with can be measured.
    the legal basis of the processing and, where relevant, information on the legiti-mate interest:
    Legitimate interest or consent (according to the legal basis in our CMP)
  7. Purpose of the processing:
    Measure content performance. The performance and effectiveness of content that you see or interact with can be measured. be measured.
    the legal basis of the processing and, where relevant, information on the legiti-mate interest:
    Legitimate interest or consent (according to the legal basis in our CMP)
  8. Purpose of the processing:
    Apply market research to generate audience insights. Market re-search can be used to learn more about the audiences who visit sites/apps and view ads.
    the legal basis of the processing and, where relevant, information on the legiti-mate interest:
    Legitimate interest or consent (according to the legal basis in our CMP)
  9. Purpose of the processing:
    Develop and improve products. Your data can be used to improve existing systems and software, and to develop new products.
    the legal basis of the processing and, where relevant, information on the legiti-mate interest:
    Legitimate interest
  10. Purpose of the processing:
    Ensure security, prevent fraud, and debug. Your data can be used to monitor for and prevent fraudulent activity, and ensure systems and processes work properly and securely.
    the legal basis of the processing and, where relevant, information on the legiti-mate interest:
    Legitimate interest
  11. Purpose of the processing:
    Technically deliver ads or content. Your device can receive and send information that allows you to see and interact with ads and content.
    the legal basis of the processing and, where relevant, information on the legiti-mate interest:
    Performance of contract, legitimate interest
  12. Purpose of the processing:
    Match and combine offline data sources. Data from offline data sources can be combined with your online activity in support of one or more purposes.
    the legal basis of the processing and, where relevant, information on the legiti-mate interest:
    Consent
  13. Purpose of the processing:
    Link different devices. Different devices can be determined as belonging to you or your household in support of one or more of purposes.
    the legal basis of the processing and, where relevant, information on the legiti-mate interest:
    Consent
  14. Purpose of the processing:
    Receive and use automatically-sent device characteristics for identi-fication. Your device might be distinguished from other devices based on information it automatically sends, such as IP address or browser type.
    the legal basis of the processing and, where relevant, information on the legiti-mate interest:
    Consent
  15. Purpose of the processing:
    Use precise geolocation data. Your precise geolocation data can be used in support of one or more purposes. This means your location can be accurate to within several meters.
    the legal basis of the processing and, where relevant, information on the legiti-mate interest:
    Consent
  16. Purpose of the processing:
    Actively scan device characteristics for identification. Your device can be identified based on a scan of your device’s unique combina-tion of characteristics.
    the legal basis of the processing and, where relevant, information on the legiti-mate interest:
    Consent

 

4. Who receives your personal data and why?

 

Transfer of data to third parties

Your personal data will only be passed on to third parties by us if this is necessary for the performance of the contract, if we or the third party have a legitimate interest in passing on the data, if we have your consent to do so or if this is necessary to fulfil a legal obligation.

We may disclose personal data to a third party, in particular

  • if we should be obliged to do so on the basis of legal requirements or by enforceable official or court order in individual cases;
  • in connection with legal disputes (to courts or our lawyers) or audits (to auditors);
  • in connection with possible criminal offences to the competent investigating authorities;
  • in the event of a sale of the business (to the acquirer).

Insofar as data can be regularly transferred to other third parties, this is explained in this privacy policy. In the case of a transmission based on consent, the explanation can also be provided when consent is obtained.

Disclosure of data to service providers

We reserve the right to use service providers for the collection or processing of data. Service providers will only receive the personal da-ta from us that they need for their specific activities. For example, your e-mail address may be passed on to a service provider so that they can deliver a newsletter you have ordered. Service providers may also be commissioned to provide server capacity. Service pro-viders are usually integrated as so-called processors, who may only process the personal data of the users of this Online Service accord-ing to our instructions.

To the extent that service providers are not already named in this privacy policy (e.g. in the section on credit checks and reports to credit agencies), the following categories of service providers are involved:

IT service provider (technical support), Germany & USA

 

5. When do we give data to countries that do not belong to the European Economic Area?

 

We also provide personal data to third parties or processors based in non-EEA countries. In this case, we ensure prior to disclosure that the recipient either has an adequate level of data protection (e.g. on the basis of an adequacy decision by the EU Commission for the re-spective country pursuant to Art. 45 GDPR or the agreement of so-called EU standard contractual clauses of the European Commission with the recipient pursuant to Art. 46 GDPR) or that our users have given their express consent.

These are third parties or processors in the following countries: USA

You can obtain from us an overview of the recipients in third countries and a copy of the concretely agreed regulations to ensure the ap-propriate level of data protection. Please use the information in the Contact section for this purpose.

 

6. How long do we store your data?

 

We store your data for as long as this is necessary to provide our Online Service and the associated services or we have a legitimate in-terest in further storage. In all other cases, we delete your personal data with the exception of those data which we must continue to keep in order to comply with statutory (e.g. tax or commercial law) retention periods (e.g. invoices).

We will block data that are subject to a retention period until the expiry of the period.

Specifically, the following retention periods apply to the personal data processed within the scope of this Online Service:

Log files: 7 to 10 days

Competition data: 6 months.

 

7. Are you obliged to provide us with personal data?

 

In principle, you are not obliged to provide us with your personal data. However, the use of certain services may require you to provide personal data, e.g. registration or participation in a competition. If this is the case, we will point this out to you. Mandatory information is regularly marked with an *. If you do not wish to provide us with the necessary data, you will unfortunately not be able to use the corre-sponding services.

 

8. Log files (browser information)

 

Whenever you use the Internet, your Internet browser automatically transmits certain information and we store this information for 7 to 10 days to determine malfunctions and for security reasons (e.g. to clarify attempted attacks) and then delete it. Log files, with regard to which further storage is required for evidence purposes, are excluded from deletion until the respective incident has been finally clarified and may be passed on to investigating authorities in individual cases.

In particular, the following information is stored in the log files:

  • IP address (Internet Protocol address) of the terminal device from which the Online Service is accessed;
  • Internet address of the website from which the Online Service was accessed (so-called origin or referrer URL);
  • Name of the service provider through which the Online Service is accessed;
  • Name of the retrieved files or information;
  • Date and time and duration of the retrieval;
  • transferred data volume;
  • Operating system and information on the internet browser used, including installed add-ons (e.g. for the Flash Player); and
  • http status code (e.g. “request successful” or “requested file not found”).

 

9. Cookies

 

Information on the cookies used in this Online Service can be found in our Cookie Policy as well as in our Consent Management Platform (also CMP). Insofar as it comes to the processing of personal data in connection with cookie-based processes, you will also find more detailed information on the purposes pursued there. Information on how you can object to such processing can also be found in our Cookie Policy.

10. Newsletter

 

Newsletter with registration
We offer you the possibility to subscribe to a newsletter. You can withdraw your corresponding consent at any time. You will find in-formation on this in the section Your right to withdraw consent.

E-Mail Newsletter without registration
If we receive your e-mail address in connection with the sale of a product or service and you have not objected to this, we reserve the right to send you regular offers on similar goods or services from our portfolio by e-mail. You can object to this at any time without in-curring any costs for you; information on this can be found in the section Your right to object to direct marketing.

 

11. Your rights (rights of the data subject)

 

How can you assert your rights?
Please use the information in the Contact section to assert your rights. Please make sure that we can clearly identify you.

Please note that your data will initially only be blocked for use for the original purpose, if deletion conflicts with statutory retention periods.

Your rights of access and rectification
You may request that we confirm whether we are processing personal data relating to you and you have a right to be informed about your personal data processed by us. If your data is incorrect or incomplete, you may request that your data be corrected or completed. If we have passed on your data to third parties, we will inform them of the correction, insofar as this is required by law.

Your right to erasure
If the legal requirements are met, you can demand that we delete your personal data without undue delay. This is especially the case if

  • your personal data are no longer needed for the purposes for which they were collected;
  • the legal basis for the processing was exclusively your consent and you have withdrawn this consent
  • you have objected to the processing for advertising purposes (“advertising objection”);
  • you have objected to processing on the basis of the legal basis legitimate interest for personal reasons and we cannot demon-strate that there are overriding legitimate grounds for processing;
  • your personal data have been processed unlawfully; or
  • Your personal data must be deleted in order to comply with legal requirements.

If we have passed on your data to third parties, we will inform them about the deletion, as far as this is legally required.

Please note that your right to erasure is subject to restrictions. For example, we do not have to or are not allowed to delete any data that we are required to retain for statutory retention periods. Data that we need to establish, exercise or defend legal claims are also excluded from your right to erasure.

Your right to restriction of processing
If the legal requirements are met, you may demand that we restrict processing. This is particularly the case if

  • • the accuracy of your personal data is contested by you, and then until we have had the opportunity to verify the accuracy;
  • • the processing is not lawful and you request a restriction of use instead of deletion (see previous section);
  • • we no longer need your data for the purposes of processing, but you need it to establish, exercise or defend your legal claims;
  • • you have objected for personal reasons, and then until it is established whether your interests prevail.

If there is a right to restrict processing, we will mark the data concerned to ensure that they are processed only within the strict limits ap-plicable to such restricted data (namely in particular to defend legal claims or with your consent).

Your right to data portability
You have the right to receive in a transferable format personal data that you have given us for the performance of the contract or on the basis of your consent. In this case, you can also request that we transmit this data directly to a third party, as far as this is technically fea-sible.

Your right to withdraw consent
If you have given us consent to process your data, you can withdraw this consent at any time in our CMP with effect for the future. The lawfulness of the processing of your data until withdrawal remains unaffected.

Your right to object to direct marketing
You can also object at any time in our CMP to the processing of your personal data for marketing purposes (“advertising objection“). Please note that for organisational reasons there may be an overlap between your revocation and the use of your data in the context of an ongoing campaign.

Your right to object for personal reasons
You have the right to object to data processing by us for reasons arising from your particular situation, insofar as this is based on legit-imate interests as the legal basis. We will then stop processing your data unless we can – in accordance with the legal requirements – demonstrate compelling legitimate grounds for further processing, which override your rights.

Your right to lodge a complaint with a supervisory authority
You have the right to lodge a complaint with a data protection authority. In particular, you can contact the data protection authority re-sponsible for your place of residence or your federal state or the authority responsible for the place where the violation of data protection law took place. Alternatively, you can also contact the data protection authority competent for us.

 

12. Contact

 

For information and suggestions on the subject of data protection, we or our data protection officer are available to you under the e-mail datenschutz@esports.com.

If you would like to contact us, you can reach us as follows:

eSports.com GSA GmbH, Medienallee 7 D-85774 Unterfoehring, info@esports.com