A. Privacy declaration for THE CYCLE by Yager Development

The information in this declaration applies to the processing of personal data on our platform “thecycle.game” and the game “THE CYCLE” and is intended in particular to inform you of the scope of processing, the purposes of processing, the recipients, legal bases, storage periods and your rights. Personal data are all information relating to an identified or identifiable natural person (hereinafter also referred to as “data subject”), including for example your name, your address or your e-mail address. “Processing” of personal data means in particular the collection, storage, use, and transmission of such data.

I. Name and Address of the data controller

The data controller within the meaning of the General Data Protection Regulation (GDPR) and other national data protection laws of the member states, as well as other data protection regulations, is:

YAGER Development GmbH
Pfuelstraße 5
10997 Berlin
Germany

Fon: +49 30 695976-60
Fax: +49 30 695976-80
contact (at) yager.de

 

II. Contact data of the data protection officer

The data protection officer can be consulted under the following contact details:

YAGER Development GmbH
– Data Protection Officer –
Pfuelstraße 5
10997 Berlin
Germany

privacy (at) yager.de

 

III. General information data processing

1.  Legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for the processing of personal data, legal basis is Art. 6 para. 1 lit. a GDPR.

Insofar as the processing of personal data is required for the performance of a contract to which the data subject is a party, legal basis is Art. 6 para. 1 lit. b GDPR. This also applies to processing operations that are necessary to carry out pre-contractual measures.

Insofar as the processing of personal data is required to fulfill a legal obligation to which our company is subject, legal basis is Art. 6 para. 1 lit. c GDPR.

If processing of data is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, legal basis is Art. 6 para. 1 lit. f GDPR.

2. Data deletion and storage time

The personal data of the data subject will be deleted or processing restricted as soon as the purpose of storage ceases to apply. In certain cases, data can be stored if this has been provided for by the European or national legislator in EU regulations, laws or other provisions to which the data controller is subject.

IV. Provision of the website and creation of log files

1. Description and extent of data processing

Every time you visit our website, our system automatically collects data and information from the computer system of the accessing device (computer, smartphone, tablet, etc.).

The following data is collected:

  • The IP address of the accessing device
  • Information about the browser type and version used
  • The operating system of the accessing device
  • Referrer-URL
  • Date and time of access

The data is also stored in the log files of our system. This data is not stored together with other personal data of the user.

2. Legal basis for data processing

Legal basis for the temporary storage of data and log files is Art. 6 para. 1 lit. f GDPR.

3. Purpose of data processing

The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user’s device. For this, the IP address of the user must remain stored for the duration of the session. The data is stored in log files to ensure the functionality of the website. In addition, the data serves us to optimize the website and to ensure the security of our information technology systems.

Our legitimate interest in data processing also lies in these purposes.

4. Storage time

The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.

If the data is stored in log files, this will happen after seven days at the latest. Further storage is possible. In this case, however, the IP addresses of the users are deleted or made anonymous, so that an identification of the accessing client is no longer possible.

V. User requests by contact form and e-mail

1. Description and extent of data processing

There is a contact form on our website which can be used for making contact. If a user uses this option, the data entered in the input mask is transmitted and saved including the time of the request. In addition, the IP address of the used device is stored.

It is also possible to contact us via the e-mail address provided on our website. In this case, the user’s personal data transmitted via e-mail will be stored.

2. Legal basis for data processing

The legal basis for the processing of the data is Art. 6 para. 1 lit. f GDPR and, insofar as the personal data are processed for the execution of a contract, Art. 6 para. 1 lit. b GDPR.

3. Purpose of data processing

The purpose of data processing is the handling of requests, in particular support requests for technical problems with the game and the handling of other questions. The processing of personal data serves us solely to handle the contact approach. This is also our legitimate interest in the processing of the data.

4. Storage time

The data will be deleted as soon as the purpose of its collection is no longer given. For the personal data from the input mask of the contact form and those that were sent by e-mail, this is the case when the respective conversation with the user is finished. The conversation is finished when the circumstances indicate that the matter in question has been solved.

If data is collected in the course of e-mail communication which we are obliged to store due to tax, commercial law or other regulations, it will not be deleted until the respective legal retention or storage periods have expired. The legal basis for this data storage is Art. 6 para. 1 lit. c GDPR.

 

VI. Registration

1. Description and extent of data processing

On our website, we offer users the opportunity to register for the game by providing personal data. The data is entered into an input mask and transmitted to us and saved. The data will not be passed on to third parties. The following data is collected during the registration process:

  • E-mail address

At the time of registration, the following data is also stored:

  • The IP address of the user
  • The date and time of registration

2. Legal basis for data processing

The legal basis for the processing of data is Art. 6 para. 1 lit. b GDPR.

3. Purpose of data processing

Registration of the user is necessary for the fulfillment of the contract with the user and/or for the execution of pre-contractual measures.

The user and Yager Development GmbH conclude a contract for the use of the game THE CYCLE (more details in the terms of use for THE CYCLE). The personal data provided are used to identify the user by creating a user account. The creation of the user account enables the user to participate in the online game THE CYCLE.

4. Storage time

The data will be deleted as soon as the purpose of its collection is no longer given. For the data collected during the registration process, this is usually the case when the user contract is terminated and the user’s account is deleted.

If data is collected in the course of the registration which we are obliged to store due to tax, commercial law or other regulations, it will not be deleted until the respective legal retention or storage periods have expired. The legal basis for this data storage is Art. 6 para. 1 lit. c GDPR.

5. Possibility of opposition and elimination

As a user, you have the possibility to cancel the registration at any time. Write us a message at the following address:

E-Mail: support@yager.de

If the data is required to fulfill a contract or to carry out pre-contractual measures or if there are legal storage obligations, premature deletion of the data is only possible insofar as contractual or legal obligations do not prevent deletion. If deletion is not possible, processing may be restricted.

VII.  Newsletter

1. Description and extent of data processing

If you register on our website and provide us with your e-mail address, we may subsequently use this for sending you a newsletter in which we inform you at regular intervals about news in connection with THE CYCLE (e.g. about patches, updates, community events, special promotions etc.). The data from the input mask is transferred to us during registration:

  • E-mail-address

In addition, the following data is collected upon registration:

  • IP address of the accessing device
  • The date and time of registration

2. Legal basis for data processing

The legal basis for sending the newsletter and the related processing of the e-mail address is Art. 6 Abs. 1 lit. a GDPR.

The legal basis for the collection of further personal data is Art. 6 para. 1 lit. f GDPR.

3. Purpose of data processing

In this regard, the collection of the user’s e-mail address serves to deliver the newsletter. The collection of other personal data as part of the registration process serves to prevent misuse of the services or the e-mail address used. This also constitutes our legitimate interest in the processing.

4. Storage time

The data will be deleted as soon as the purpose of its collection is no longer given. The user’s e-mail address will therefore be stored until the user objects to receiving the newsletter. If we need the user’s e-mail address for further purposes (see further details in this data privacy declaration), the deletion will be replaced by the corresponding restriction on processing, i.e. we will no longer use the e-mail address for sending the newsletter.

The other personal data collected during the registration process will generally be deleted after a period of seven days.

5. Possibility of opposition and elimination

The affected user can object to the dispatch of the newsletter at any time. For this purpose, there is a corresponding link in every newsletter. Furthermore, the user can unsubscribe from the newsletter in his account settings. For the contradiction, no other costs arise than the transmission costs according to the basic rates.

6. Recipients of the data and transfer to a third country

As part of sending the newsletter, we use the service of ActiveCampaign (“ActiveCampaign”), LLC, 1 North Dearborn St, 5th Floor, Chicago, IL 60602 USA.

ActiveCampaign is a newsletter management service provider that handles the sending of our newsletter for us as a processor (cf. Art. 28 GDPR). Your personal data is processed by this company in the USA on our behalf within the scope of the newsletter dispatch.
In connection with the registration, in addition to the email address, the registration time, the confirmation time, the IP address are recorded and stored on the servers of ActiveCampaign.

According to the current legal situation, the USA is considered an unsafe third country with an insufficient level of data protection. We point out that there is a risk that data may be transferred to the USA and processed by US authorities, particularly in the context of counterintelligence and counterterrorism.

However, ActiveCampaign is committed to complying with the Standard Contractual Clauses for the transfer of personal data to third countries under Directive 95/46/EC (Standard Contractual Clauses – SCC) and further requirements.

We have concluded a contract for commissioned processing with ActiveCampaign in accordance with Art. 28 GDPR to protect your personal data. In addition, we have agreed to the Standard Contractual Clauses with ActiveCampaign.

For more information, please visit:

https://www.activecampaign.com/legal/scc and at https://www.activecampaign.com/legal/privacy-policy

VIII. Gaming operations

1. Description and extent of data processing

As part of the provision of the game, we track certain entries. Processing and storage in-game mode includes the following data:

  • user’s behavior
  • buying behavior
  • Information on operating systems and hardware used

2. Legal basis for data processing

The legal basis for the processing of the data is Art. 6 para. 1 lit. f GDPR and, insofar as the personal data are processed for the execution of a contract, Art. 6 para. 1 lit. b GDPR.

3. Purpose of data processing

The purpose of data processing is the technical implementation and provision as well as the operation of the game and the improvement of our services.
These purposes also constitute our legitimate interest in the processing of personal data.

4. Storage time

The data will be deleted as soon as the purpose of its collection is no longer given. This is the case as soon as the data is no longer required for the use and provision of the game, for example if you have deleted your account and there are no further reasons for storing the data.
If certain data is collected in the course of gaming operations which we are obliged to store due to tax, commercial law or other regulations, it will not be deleted until the respective legal retention or storage periods have expired. The legal basis for this data storage is Art. 6 para. 1 lit. c GDPR.

IX. Embedded YouTube-Videos

1. Description and extent of data processing

Our website shows embedded YouTube-Videos. YouTube is a service of Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). The function for embedded YouTube videos uses cookies that are placed on your device. If you have a YouTube account, it is possible for Google to link you to your YouTube account. As we have activated privacy-enhanced mode for embedded YouTube videos, this is only possible when actively clicking the YouTube video. The information generated by the cookies is transferred by Google to a server in the USA for evaluation and stored there. Google will not match this information with any other information Google collects.

2. Legal basis for data processing

The legal basis for the processing of users’ personal data is Art. 6 para. 1 lit. f GDPR.

3. Purpose of data processing

We use the function of YouTube embedded videos, in particular, to be able to display to you video content offered on YouTube. This enables us to present you video content parallel on our website and on YouTube and improves the functionality of our website. In these purposes lies also our justified interest in the processing of the data.

4. Duration of storage and the possibility of objection

Cookies are stored on the user’s device and transmitted to our site by the user. Therefore, you as a user also have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it is possible that not all functions of the website can be used to the full extent.

In addition, you can prevent Google from collecting the data generated by the cookies and related to your use of the websites and Google from processing this data by downloading and installing the browser plug-in available under the following link:

https://www.google.com/settings/ads/plugin

For more information about Google’s privacy practices, please visit

https://www.google.com/intl/de/policies/privacy/

5. Recipient of the data and transfer to a third country

The recipient of the data is Google. For the cases in which personal data are transferred to the USA, a transfer to Google in the USA as a third country in the sense of the GDPR is permissible according to Art. 44, 45 GDPR, as an adequate level of data protection is provided for the USA in relation to this company. For details on Privacy Shield, please refer to Section VII., No. 6 of this Privacy Policy.

X. Other recipients of personal data

For the provision of our website and the offered contact possibilities, we make use of other service providers, including host providers and e-mail providers, each based in the European Union, who process the data stored by them exclusively on our behalf as processors according to Art. 28 GDPR.

XI. Rights of the data subject

If your personal data are processed, you are a data subject within the meaning of the GDPR and you have the following rights against the controller (in the case of the fulfilment of further conditions regulated in the relevant regulations, if applicable):

  • The right of access according to Art. 15 GDPR
  • The right to rectification according to Art. 16 GDPR
  • The right to erasure (“right to be forgotten”) according to Art. 17 GDPR
  • The right to restriction of processing according to Art. 18 GDPR
  • The right to a notification according to Art. 19 GDPR
  • The right to data portability according to Art. 20 GDPR
  • The right to object according to Art. 21 GDPR
  • The right not to be subject to a decision based solely on automated processing according to Art. 22 GDPR
  • The right to withdraw consent to the processing of personal data according to Art. 7 para. 3 GDPR

To assert these rights, please contact our data protection officer.

Without prejudice to any other administrative or judicial remedy, you also have the right to lodge a complaint with a supervisory authority, in particular in the Member State where you are staying, working or suspected of infringing, if you believe that the processing of personal data concerning you infringes the GDPR.