DATENSCHUTZ | ByteRockers' Games

Privacy Policy

Preamble

We, ByteRockers’ Games (hereinafter also referred to as "ByteRockers’.", "we" or "us") are a software developer for computer games. We are a company under German law

ByteRockers’ Games GmbH & Co. KG

Schlossstraße 110

12163 Berlin

Tel: +49 (0)30 - 232 57 33 90

E-mail: info@byterockers.games

The protection of your data (hereinafter also referred to as "personal data") is important to us. In this document we inform you about the general handling of your personal data, your rights and data protection at ByteRockers’ in general.

The EU General Data Protection Regulation (Regulation (EU) 2016/679; hereinafter: "GDPR") has imposed obligations on us to ensure the protection of personal data of the data subject.

With this Privacy Policy, we inform you about the way in which your personal data is processed by us. The topic of data protection is complex and for many people opaque. We have endeavoured to inform you in a particularly transparent and comprehensive manner about the processing of your data. If you have any questions, please contact us.

Our Privacy Policy is divided into sections. The general section contains the information that applies to all processing of personal data and processing situations. The following sections only contain information whose content only relates to the processing situation specified there with the designation of the respective offer or product.

First Part: General

1. Definitions

In this Privacy Policy, we use the terms of the GDPR, which are set out in the GDPR in particular in Art. 4 GDPR.

2. Name and address of the controller

The body responsible for processing your personal data within the meaning of Art. 4 No. 7 GDPR is us, the

ByteRockers’ Games GmbH & Co. KG

Castle Road 110

12163 Berlin

HRA 40774 B registered at the Amtsgericht Berlin-Charlottenburg

Tel: +49 (0)30 - 232 57 33 90

E-mail: info@byterockers.games

Our personally liable shareholder is the ByteRockers’ Games Verwaltungs GmbH, HRB 111212 B, registered at the Amtsgericht Berlin-Charlottenburg, represented by its managing director Martin Knauf. You can find further information about us in the imprint on our website at https://www.byterockers.games/impressum?lang=en.

3. Data Protection Officer

Currently, we process data only for the purpose of conducting our business and improving our software. The processing of personal data does not constitute our main activity, the development of games. We are not a public body, do not process critical categories of data and our processing does not require regular and systematic monitoring. For this reason, we are not obliged to appoint a data protection officer pursuant to Article 37 (1) of the GDPR.

4. Legal basis for data processing

Processing of personal data is only permitted if the data processing falls under one of the following justifications:

Consent (Art. 6 para. 1 sentence 1 lit. a GDPR): Where the data subject has voluntarily, in an informed manner and unambiguously indicated by a statement or other unambiguous affirmative act that he or she consents to the processing of personal data relating to him or her for one or more specified purposes;
Necessity for the contract (Art. 6 para. 1 sentence 1 lit. b GDPR): If the processing is necessary for the execution of a contract to which the data subject is a party or for the realisation of pre-contractual measures taken at the request of the data subject;
Legal obligation (Art. 6 para. 1 sentence 1 lit. c GDPR): If processing is necessary for compliance with a legal obligation to which the controller is subject (e.g. a legal obligation to keep records);
Protection of vital interests (Art. 6 para. 1 sentence 1 lit. d GDPR): Where processing is necessary to protect the vital interests of the data subject or another natural person;
Acting in the public interest (Art. 6 para. 1 sentence 1 lit. e GDPR): Where processing is necessary for the execution of a task carried out in public interest or in exercise of official authority vested in the controller, or
Legitimate interest (Art. 6 para. 1 sentence 1 lit. f GDPR): If the processing is necessary to protect legitimate (in particular legal or economic) interests of the controller or a third party, unless the conflicting interests or rights of the data subject override (in particular if the data subject is a minor).

In the following, we set out the respective justification for the data processing. A processing operation may also be based on several legal bases.

We do not collect personal information from children. In the event of unintentional collection, we will delete it immediately.

5. Data deletion and storage period

For the processing operations carried out by us, we indicate below how long the data will be stored and when it will be deleted or blocked. If no explicit storage period is specified below, your personal data will be deleted or blocked as soon as the purpose or legal basis for the storage no longer applies.

However, storage may take place beyond the specified time in the event of a (threatened) legal dispute with you or other legal proceedings or if storage is provided for by statutory regulations to which we are subject as the responsible party (e.g. § 257 of the German Commercial Code – HGB, § 147 German Tax Code – AO). If the storage period prescribed by the legal regulations expires, the personal data will be blocked or deleted unless further storage by us is necessary and there is a legal basis for this.

6. Location of your data

Your data will only be stored on servers in the European Union, unless we explicitly indicate a different storage location.

7. Data security

We use appropriate technical and organisational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorised access by third parties. When assessing the suitability of a technical or organisational measure, we take into account the state-of-the-art technology, the cost of implementation as well as the nature, scope, context and purpose of the processing, as well as the existing risk of a data breach (including its likelihood and impact) for the data subject. Our security measures are continuously improved in line with technological developments.

We will be happy to provide you with more information on request.

8. Cooperation with processors

As with any company, we use external domestic and foreign service providers to handle our business related processes. For example, we do not operate our servers ourselves, but through a third party.

These third parties, so-called processors, are only active according to our instructions and have been contractually obligated by us to comply with the data protection provisions pursuant to Art. 28 GDPR.

If personal data is passed on by us to other companies or is passed on to us by other companies, this is done on the basis of existing legally binding agreements with processors.

9. Conditions for the transfer of personal data to third countries

Your personal data may be passed on or disclosed to third party companies. These may also be located outside the European Economic Area (EEA), i.e. in third countries such as the United States. Such processing takes place exclusively for the fulfilment of contractual and business obligations and to maintain your business relationship with us. We will inform you about the respective details of the transfer in the relevant places below.

Some third countries are certified by the European Commission as having a level of data protection comparable to the EEA standard through so-called adequacy decisions (a list of these countries and a copy of the adequacy decisions can be found here: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/adequacy-decisions_en). However, in other third countries to which personal data may be transferred, there may not be a consistently high level of data protection due to a lack of legal provisions. If this is the case, we ensure that data protection is adequately guaranteed.

Adequate data protection is ensured through binding corporate rules, standard contractual clauses of the European Commission (SCC), certificates and recognised codes of conduct. Please contact us if you would like more information on this. In the case of data processing in third countries, we will ensure that the standard of protection there meets that of the GDPR.

10. No automated decision making (including profiling)

We do not intend to use any personal data collected from you for any automated decision-making process (including profiling).

11. No obligation to provide personal data

We do not make the conclusion of contracts with us dependent on you first providing us with personal data that is not necessary for the conclusion of the contract itself. In principle, there is also no legal or contractual obligation for you to provide us with your personal data; however, it may be that we can only provide certain offers to a limited extent or not at all if you do not provide the necessary data. If this should exceptionally be the case in the context of the products we offer, we will inform you of this separately.

12. Legal obligation to transmit certain data

We may be subject to legal or statutory obligations to provide the lawfully processed personal data to third parties, in particular public bodies (Art. 6 para. 1 sentence 1 lit. c GDPR).

13. Your rights

You can exercise your rights as a data subject regarding your processed personal data at any time by contacting us using the contact details provided in sections 2 and 3 above. You have the right as a data subject:

to request information about your data processed by us in accordance with Art. 15 GDPR. In particular, you can request information about the processing purposes, the category of data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right of complaint, the origin of your data if it has not been collected by us, as well as the existence of automated decision-making, including profiling, and, if applicable, meaningful information about its details;
In accordance with Art. 16 GDPR, you may immediately request the correction of incorrect data or the completion of your data stored by us;
to request the deletion of your data stored by us in accordance with Art. 17 GDPR, unless the processing is necessary to exercise the right to freedom of expression and information, to comply with a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;
to request the restriction of the processing of your data in accordance with Art. 18 GDPR, insofar as the accuracy of the data is disputed by you or the processing is unlawful;
in accordance with Art. 20 GDPR, you have the right to receive the data you have provided to us in a structured, common and machine-readable format or to request that it be transferred to another controller ("data portability");
to object to the processing pursuant to Art. 21 GDPR, provided that the processing is based on Art. 6 (1) sentence 1 lit. e or lit. f GDPR. This is particularly the case if the processing is not necessary to fulfil a contract with you. Unless it is an objection to direct marketing, when you exercise such an objection, we ask you to explain the reasons why we should not process your data as we have done. In the event of your justified objection, we will review the merits of the case and either cease or adapt the data processing or show you our compelling legitimate grounds on the basis of which we will continue the processing;
to revoke your consent given once (also before the application of the GDPR, i.e. before 25.5.2018) - i.e. your voluntary will made understandable in an informed and unambiguous manner by means of a declaration or other unambiguous confirming action that you agree to the processing of the personal data concerned for one or more specific purposes - at any time vis-à-vis us, if you have given such consent. This has the consequence that we may no longer continue the data processing based on this consent in the future and that
to complain to a data protection supervisory authority about the processing of your personal data in our company in accordance with Art. 77 GDPR, for example to the data protection supervisory authority responsible for us: Berlin Commissioner for Data Protection and Freedom of Information, Friedrichstr. 219, 10969 Berlin, Tel. 030/13889-0, Fax. 030/2155050, E-Mail: mailbox@datenschutz-berlin.de

14. Changes to the data protection notice

In the context of the further development of data protection law as well as technological or organisational changes, our data protection statement is regularly reviewed to see whether it needs to be adapted or supplemented. You will be informed of any changes at https://www.byterockers.games/datenschutz?lang=en. This Privacy Policy has last been updated in July 2022.

Second Part: Use of our website

Information about ByteRockers’ and the services we offer, in particular our computer games, can be found, among other places, at https://www.byterockers.games/ together with the associated sub-pages (hereinafter collectively referred to as the "Website").

1. Personal data processed

When you visit our website, personal data may be processed.

a) General use of our website

When using the website for information purposes, even without creating a user account, the following personal data is collected, stored, and processed by us:

the IP address,
the number and type of interactions,
the page from which our website was requested (so-called referrer URL),
the name and URL of the requested page,
the date and time of the visit,
the description of the type, language and version of the web browser used,
the amount of data transferred,
the operating system,
the message whether the visit was successful (access status/http status code) as well as
the GMT time zone difference.

The processing of the personal data described above serves statistical purposes and to improve the quality of our website, in particular the stability and security of the connection. The legal basis for the processing is Article 6 para. 1 sentence 1 lit. f GDPR. As far as you want to inform yourself about our games, the processing is justified due to Art. 6 para. 1 sentence 1 lit. b GDPR.

b) Contact

If you contact us, the data transmitted in this way will be processed (for example, surname and first name, address, company, e-mail address and the time of transmission).

The processing is for the purpose of communication. The legal basis is Art. 6 para. 1 sentence 1 lit. b) GDPR, insofar as it concerns a contract-related request and otherwise Art. 6 para. 1 sentence 1 lit. a) or lit f) GDPR.

2. Use of cookies, plugins and other services on our website

a) Cookies

On our website, we use cookies, similar technologies such as HTML5 storage or local shared objects (hereinafter "Cookies") and other services.

Cookies are usually small text files that are assigned to the browser you are using by means of a characteristic string of characters and are stored on your hard drive and through which certain information flows to the body that sets the Cookie. Cookies cannot execute programmes or transfer viruses to your computer and therefore cannot cause any damage. They serve to make the website as a whole more user-friendly and effective, i.e. more pleasant for you.

Cookies can contain data that make it possible to recognise the device used. In some cases, however, Cookies only contain information on certain settings that are not personally identifiable. However, Cookies cannot directly identify a user.

We distinguish between session Cookies, which are deleted as soon as you close your browser, and permanent Cookies, which are stored beyond the individual session. With regard to their function, we distinguish between the following Cookies:

Essential Cookies: these are essential to navigate the website, use basic functions and ensure the security of the website; they do not collect information about you for marketing purposes nor do they store which web pages you have visited;
Performance Cookies: these collect information about how you use our website, which pages you visit and, for example, whether errors occur during website use; they do not collect information that could identify you - all information collected is anonymous and is only used to improve our website and find out what interests our users;
Advertising Cookies, Targeting cookies: These are used to offer the website user tailored advertising on the website or offers from third parties and to measure the effectiveness of these offers; advertising and targeting cookies are stored for a maximum of 12 months;
Sharing Cookies: These are used to improve the interactivity of our website with other services (e.g. social networks); sharing cookies are stored for a maximum of 12 months.

Any use of cookies that is not absolutely technically necessary constitutes data processing that is only permitted with your express and active consent pursuant to Art. 6 (1) sentence 1 lit. a GDPR. This applies in particular to the use of advertising or sharing cookies. Furthermore, we will only pass on your personal data processed by cookies to third parties if you have given your express consent in accordance with Art. 6 (1) sentence 1 lit. a GDPR.

b) Listing of services

We use the following services on our website:

YouTube

These services are third-party services with which we have concluded commissioned data processing agreements in accordance with Art. 28 GDPR.

"YouTube" is a service of YouTube LLC, 901 Cherry Ave, San Bruno, CA 94066, USA. YouTube LLC is a subsidiary of Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. The service of YouTube enables us to display videos located on the servers of YouTube LLC on our website. You can find the service's privacy policy at https://policies.google.com/privacy.

We have integrated YouTube videos into our website, which are stored on http://www.YouTube.com and can be played directly from our website. These are all integrated in "extended data protection mode", i.e. no data about you as a user is transmitted to YouTube if you do not play the videos. Personal data is only transmitted when you click the “play”-button of the videos. We have no influence on this data transmission; this also applies to the type of personal data.

By visiting the website, YouTube receives the information that you have called up the corresponding sub-page of our website and, in addition, the personal data that is processed on our website in accordance with point 1 lit a) of this section. This takes place regardless of whether you have a user account with YouTube or Google and are logged in to it or whether you do not have a user account. If you are logged in to YouTube or Google, the personal data processed will be directly assigned to your user account. If you do not want the data to be associated with your YouTube profile, you must log out before clicking on the “play”-button.

YouTube stores this data as usage profiles and uses it for the purposes of advertising, market research and/or demand-oriented design of its website. Such an evaluation is carried out in particular (even for users who are not logged in) to provide personalized advertising. You have the right to object to the creation of these user profiles, whereby you would have to contact YouTube to exercise this right.

If you have any questions regarding the services mentioned above, please do not hesitate to contact us.

c) Data processing abroad

The services of YouTube LLC also process your data abroad, in particular in the United States of America.

YouTube has submitted to the EU-US Privacy Shield, which the ECJ has declared invalid in terms of Art. 45, 46 GDPR. Currently, there is no adequacy decision of the European Commission regarding the conformity of data processing in the USA with the GDPR.

There are agreements between YouTube and us to ensure the protection of your data. We will be happy to provide you with further information on request.

d) Cookie Policy

For more information on how to manage your Cookie settings and disable certain types of tracking, please see our Cookie Policy.

3. Duration of data processing

Your data will only be processed for as long as is necessary to achieve the above-mentioned processing purposes; the legal bases stated in the context of the processing purposes apply accordingly. For the storage period of personal data processed with the help of cookies, please refer to the Cookie Policy.

Third parties used by us will store your data in their own systems for as long as is necessary in connection with the provision of the services for us in accordance with the respective order.

4. Transfer of personal data to third parties; justification basis

The following categories of recipients, which are usually processors, may have access to your personal data:

Service providers for the operation of our website and the processing of data stored or transmitted by the systems (e.g. for data centre services, payment processing, IT security). The legal basis for the transfer is then Art. 6 para. 1 sentence 1 lit. b or lit. f GDPR, insofar as it does not involve order processors;
Government agencies/authorities, insofar as this is necessary to fulfil a legal obligation. The legal basis for the disclosure is then Art. 6 para. 1 sentence 1 lit. c GDPR;
Persons employed to carry out our business operations (e.g. auditors, banks, insurance companies, legal advisors, supervisory authorities, parties involved in company acquisitions or the establishment of joint ventures). The legal basis for the disclosure is then Art. 6 para. 1 sentence 1 lit. b or lit. f GDPR.

For the guarantees of an adequate level of data protection in the event of a transfer of data to third countries, see No. 8 of the first section.

In addition, we will only pass on your personal data to third parties if you have given your express consent to do so in accordance with Art. 6 Para. 1 S. 1 lit. a GDPR.

Third part: Use of our software

1. General personal data processed during use

In the course of using our software, we process the following personal data:

the IP address,
the name of your user account at the respective store (e.g. Steam) and the respective user account number (e.g. Steam_ID),
your location data,
payment details,
the log-in behaviour, especially the times when you are logged in,
the player's behaviour, e.g. the time you spend in a level,
the installation time.

When using our software, in particular when playing the games, the processing of the personal data is necessary to fulfil and process the contract existing between you and us. We need the data either to verify your authorisation, to ensure adequate matchmaking or to process payments. For this reason, the data processing is justified according to Art. 6 para. 1 sentence 1 lit. b) GDPR.

2. Processing of personal data by game stores

We distribute our games to you via stores, such as Steam. In this regard, there are Terms of Use between you and the respective store for the respective platform. In this case, your personal data will also be processed by the store operator, e.g. Valve Corp. in the case of Steam, as the controller within the meaning of the GDPR. We have no influence on this data processing.

You can find information about data processing at the respective store, for example at Valve Corp. or Steam at https://store.steampowered.com/privacy_agreement/?snr=1_44_44_.

3. Use of services in our games

For some of our games, we process further personal data in addition to the data mentioned under point 1 of this section and/or use services of third-party providers. In detail, we collect additional personal data for the following games to the extent and in the manner described in each case:

a) Microsoft PlayFab

We use the "Playfab" service of Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA (hereinafter "Playfab") to analyse the personal data collected by us pursuant to section 1 of this paragraph.

PlayFab is a back-end platform for live games with managed game services, real-time analytics and LiveOps. We can use PlayFab to create and run games, analyse game data and improve the overall game experience. For example, we analyse how much time a player spends in a level and how that player behaves to continuously improve your gaming experience.

By using PlayFab, we transfer your data referred to in paragraph 1 of this section to Microsoft Corporation. Your data will be processed by Microsoft outside the European Union, among other places. There are agreements between Microsoft and us to ensure the protection of your data.

We will be happy to provide you with further information on request.

b) Unity Analytics

To analyse your gaming behaviour, we use the Analytics service (hereinafter "Unity Analytics") of Unity Technologies SF, 30 3rd Street San Francisco CA 94103, USA (hereinafter "Unity").

Unity Analytics allows us to analyse personal data in detail with regard to gameplay, in particular the respective player behaviour. This service enables us to continuously improve the gaming experience. The collection of personal data is therefore justified by Art. 6 para. 1 sentence 1 lit. b) GDPR.

By using Unity Analytics, we transfer your data referred to in paragraph 1 of this section to Unity Technologies SF. Your data will be processed by Unity outside the European Union, among other countries. There are agreements between Unity and us to ensure the protection of your data.

We will be happy to provide you with further information on request.

c)Admob

We use the service AdMob (hereinafter "AdMob"). Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland is behind this service. AdMob enables the placement of mobile advertisements.

We have no control over the collection of personal data by AdMob. AdMob's privacy policy applies: http://de.admob.com/home/privacy.

If you do not want to receive personal ads, click the following links:

Android: https://adssettings.google.com/authenticated

iOS: https://support.apple.com/de-de/HT202074

d) Firebase

We use the Google Firebase service (hereinafter "Firebase"), which is economically backed by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.

Firebase enables us to analyse and categorise groups of users and for the delivery of push messages.

We have no control over the collection of personal data by Firebase. Firebase's privacy policy applies: https://policies.google.com/technologies/partner-sites

e) TV Smiles

TV Smiles (hereinafter "TV Smiles") is a service provided by TVSMILES GmbH, Friedrichstrasse 45, Berlin 10969, Germany. This service enables us to display personalised advertising.

For more information, please visit https://www.tvsmiles.tv/AGB-datenschutz.

f) Stomt

Stomt (hereinafter "Stomt") is a service provided by STOMT GmbH, Feuerbachstraße 1, 14471 Potsdam, Germany. This enables us to obtain feedback from you regarding our products.

Further information can be found at https://www.stomt.com/privacy

g) Fungle

We use Vungle (hereinafter "Vungle"), a service that specialises in mobile advertising. Our free apps are ad-supported. The advertising partner of the apps is Vungle Inc. We have no control over the collection of personal data by Vungle Inc, Greifswalder Strasse 226, 10405 Berlin, Germany.

Vungle's privacy policy applies: https://vungle.com/privacy/

If you do not wish to receive personal advertising, follow these links:

Android: https://adssettings.google.com/authenticated

iOS: https://support.apple.com/de-de/HT202074

h) AddColony

We use AdColony (hereinafter "AdColony"), a service that specialises in mobile advertising. Our free apps are ad-supported. The advertising partner of the apps is AdColony Inc. We have no control over the collection of personal data by AdColony Inc.

AdColony's privacy policy applies: https://www.adcolony.com/privacy-policy/.

If you do not wish to receive personal advertising, follow these links:

Android: https://adssettings.google.com/authenticated

iOS: https://support.apple.com/de-de/HT202074

i) Overview of the services used in our games

The table below shows you which services we use in the respective games. Services used are marked with an "X" or explicitly identified.

Fourth Part: Applicants

ByteRockers’ processes the application documents submitted by the respective applicant and the personal data contained therein (such as the applicant's first and last name, telephone number, etc.) for the purpose of initiating an employment relationship.

If the applicant is employed by us, the application documents become part of the personnel file. If the applicant is rejected, the application documents will be deleted as soon as we no longer need them, but no later than three years after the rejection of the application.

The processing is based on Art. 6 para. 1 lit. b) GDPR and possibly on § 26 of the German Federal Data Protection Act (BDSG).

Cookie Policy

Essential Cookies: these are essential to navigate the website, use basic functions and ensure the security of the website; they do not collect information about you for marketing purposes nor do they store which web pages you have visited;
Performance Cookies: these collect information about how you use our website, which pages you visit and, for example, whether errors occur during website use; they do not collect information that could identify you - all information collected is anonymous and is only used to improve our website and find out what interests our users;
Advertising Cookies, Targeting cookies: These are used to offer the website user tailored advertising on the website or offers from third parties and to measure the effectiveness of these offers; advertising and targeting cookies are stored for a maximum of 12 months;
Sharing Cookies: These are used to improve the interactivity of our website with other services (e.g. social networks); sharing cookies are stored for a maximum of 12 months.

Cookies help us to continuously improve the user experience of our website.

Activate, manage and delete cookies

In addition to the settings you can make on our website with regard to cookies, most internet browsers also offer setting options. For example, you can find out how to delete cookies for the most common browsers on the websites listed:

Cookie settings on our website

In the following, you can adjust your cookie settings on our website. We distinguish between the aforementioned cookie categories (essential cookies, performance cookies, advertising cookies and sharing cookies). Only the "essential cookies" are required to use the website.

Cookie-Richtlinie

Privacy Policy

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