Responsible Body

Roman Wiegand

SMD Design

Markusstraße 12

36041 Fulda

Germany

 

contact@smd-design.games

This Privacy Policy describes how the Controller processes personal data collected on this website and through associated webpages, functions, services and content (hereinafter jointly referred to as "Website") and describes the scope and purpose of the processing

1. User rights

1.1. Users have the right to obtain information free of charge on the personal data the Controller has collected about them. In addition, Users have the right to correct any inaccurate data, restrict the processing of their personal data or delete it, and, where applicable, assert their right to data portability. Users also have the right to submit a complaint to the relevant supervisory authorities if they suspect that data has been processed unlawfully.

1.2. Users can also withdraw any consent they may have given. Such a revocation of consent shall have future effect only.

2. Right to object

Users can choose to opt out of the future processing of their personal data at any time in accordance with statutory provisions. This right to object applies in particular to the processing of data for the purposes of direct advertising.

3. Amendments to this Privacy Policy

3.1. The Controller reserves the right to amend this Privacy Policy at any time to reflect changes in the legal situation or changes relating to the Website or data processing. If Users’ consent is required or if the Privacy Policy contains provisions for the contractual relationship with the Users, the changes shall only be made with the consent of the Users.

3.2. Users are requested to check the Privacy Policy on a regular basis to keep up-to-date with its content.

4. General information on data processing and legal basis

4.1. The personal data of the Users processed in the context of this Service include inventory data (e. g., names and addresses of customers) , usage data (e. g., the websites visited, interest in this contents), meta/communication data (device IDs, IP addresses).

4.2. The term "User" covers all categories of data subjects concerned. It includes in particular visitors to this Website. The terminology used within this Privacy Policy, such as "Users", is gender-neutral.

4.3. All the personal User data that is collected is processed in accordance with the relevant data protection regulations. That means the Controller only processes User data where this is permitted by law. This applies, in particular, if data processing is required or prescribed by law in order to furnish this contractual services (e.g. to process breeding) and provide online services, or if the Users has provided a consent, or if it is for the purposes of the legitimate interests of the Controller (i.e. this interest in analyzing, optimizing and (in case of commercial use) running this Website in a secure and commercially viable manner within the meaning of Art. 6 (1) f. of the General Data Protection Regulation (GDPR).

4.4. In regard to the processing of personal data on the basis of the General Data Protection Regulation (GDPR), please note that the legal basis for the data subject giving consent is Art. 6 (1) a. and Art. 7 GDPR, the legal basis for processing data in order to perform this contractual services and discharge this contractual obligations is Art. 6 (1) b. GDPR, the legal basis for processing data in order to comply with this legal obligations is Art. 6 (1) c. GDPR, and the legal basis for processing data for the purposes of this legitimate interests is Art. 6 (1) f. GDPR.

5. Security safeguards

The Controller applies state-of-the-art organizational, contractual and technical security measures to ensure compliance with the provisions of data protection legislation and thereby to protect the data the Controller processeses against accidental or intentional manipulation, loss, destruction or access by unauthorized persons.

6. Deletion of data

The data stored by us is deleted once it is no longer required for the designated purpose and provided that the Controller have no statutory obligation to retain said data. In the event User’s data is not deleted because it is required for other purposes permitted by law, then its processing shall be restricted accordingly, i.e. the data shall be blocked and no longer processed for other purposes. This applies, for example to User data that must be retained due to commercial or tax requirements.

7. Forwarding of data to third parties and third-party providers

7.1. Data is only forwarded to third parties to the extent permitted by law. The Controller only forward User data to third parties if, for example, this is necessary in order to fulfil the contractual obligations towards the Users or if the Controller make use of third party services within the scope of this legitimate interests.

7.2. Insofar as the Controller make use of third-party services to furnish own services, the Controller ensures appropriate legal safeguards are in place and take appropriate technical and organizational steps to ensure that personal data is protected in compliance with applicable statutory requirements

7.3. Insofar as content, tools or any other resources from other providers (hereinafter referred to as “third-party providers”) are used within the scope of this Privacy Policy and the third-party providers have their registered headquarters in a third country, it should be assumed that data will be transferred to the country of domicile of the third-party provider. The term “third country” refers to countries in which the GDPR does not constitute directly applicable legislation, i.e. essentially countries outside the EU or the European Economic Area. Data shall be transferred to third countries if an adequate level of data protection is in place, if the Users have provided their consent, or if this transfer is permitted by law in any other way.

8. Cookies & reach measurement

8.1. Cookies are data files that are transferred from this web server or third parties’ web servers to the User’s web browser and stored there for later retrieval. Cookies may comprise small files or any other kinds of information storage. When the User browses the same website in the future, the data stored in the cookie can be retrieved by the Website to notify the Website of the User's previous activity. The Controller uses so-called "session cookies", which information are only stored for the duration of the current visit to this Website (e. g. to enable your login status). A session cookie stores a randomly generated unique identification number, a so-called session-ID. A cookie also contains information about its origin and the storage period. These cookies cannot store any other data. Session cookies are deleted when Users have finished using my online offer and, for example, log out or close the browser.

8.2. This Privacy Policy also explains to Users how the Controller uses cookies in a pseudonymized manner to measure reach.

8.3. If the User does not wish cookies to be stored on their computer, the Controller hereby request that they disable the relevant option in their browser settings. Stored cookies can be deleted in the browser settings at any time. Disabling cookies may prevent the User from enjoying the full functionality of this Website.

8.4. Users can block cookies that are used for tracking and online advertising by visiting the opt-out page of the network advertising initiative (http://optout.networkadvertising.org/) and also by managing their preferences on the U.S. website http://www.aboutads.info/choices or the European website http://www.youronlinechoices.com/uk/your-ad-choices/.

9. Collection of access data (logfiles)

9.1. For the purposes of this legitimate interests, the Controller’s server provider collects data every time the server on which the service is located is accessed. This data is collected in the form of server log files. These logs include the name of the webpage and/or file accessed by the User, the date and time of access, the amount of data transferred, notification of successful retrieval, details of the web browser used (including the version), the User’s operating system, the referrer URL (of the previous page linking to this Website), the IP address and the requesting provider.

9.2. Log file information is retained for security reasons (e.g. to detect improper use or fraud) for a maximum of seven days before being deleted. Data that is to be retained as evidence shall be excluded from deletion until the relevant case has been finalized.

10. Particular Functions of the Website

10.1. This Website will be further developed and may change in the future. In particular, individual functions of the Website can be added or removed. The functions described below therefore apply if they are made available within the Website (e.g., commercial use, newsletter, third-party services).

10.2. The legal basis for data processing within the framework of the following functions of the Website is Art. 6 (1) b. GDPR. If IP addresses are stored, this is done in accordance with Art. 6 (1) f. GDPR based on the legitimate interests of defending and/or pursuing possible inadmissible content.

11. Processing of data within the course of customer relations

11.1. If this Website is used for commercial purposes, the Controller processes minimal inventory data (e. g., names and addresses) of the customers and interested parties for the purpose of fulfilling the contractual obligations and services in accordance with Art. 6 (1) b. GDPR.

12. Contact and enquiries

If a User gets in touch with us by email, we process the User’s details in order to respond to and deal with the query or request according to Art. 6 (1) b. GDPR.

13. Online Presences in Social Media

13.1. We maintain online presences within social networks and platforms in order to communicate with the customers, interested parties and users who are active there and to inform them about our services.

13.2. We point out that data of users outside the area of the European Union can be processed. This can pose risks for users because, for example, the enforcement of users' rights could be made more difficult. With regard to US providers certified under the Privacy Shield, we would like to point out that they commit themselves to comply with the data protection standards of the EU.

13.3. Furthermore, user data is normally processed for market research and advertising purposes. Thus, for example, user profiles can be created from the user behavior and the resulting interests of the users. The usage profiles can in turn be used, for example, to place advertisements inside and outside the platforms that presumably correspond to the interests of the users. For these purposes, cookies are usually stored on the user's computer, in which the user's usage behavior and interests are stored. Furthermore, data can also be stored in the user profiles independently of the devices used by the users (especially if the users are members of the respective platforms and are logged in to these).

13.4. The processing of users' personal data is based on our legitimate interests in effective user information and communication with users. If the users are asked by the respective providers for a consent to the data processing (i.e. declare their consent e.g. by ticking a checkbox or confirming a button), the legal basis of the processing is a consent.

13.5. For a detailed description of the respective processing and the possibilities of objection (opt-out), we refer to the information provided by the providers linked below.

13.6. Also in the case of requests for information and the assertion of user rights, we point out that these can be asserted most effectively with the providers. Only the providers have access to the data of the users and can directly take appropriate measures and provide information. If you still need help, you can contact us.

13.7. Facebook (Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland) - Privacy Policy: https://www.facebook.com/about/privacy/,Opt-Out: https://www.facebook.com/settings?tab=ads and http://www.youronlinechoices.com, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt000000000GnywAAC&status=Active.

13.8. Twitter (Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA) - Privacy Policy: https://twitter.com/de/privacy, Opt-Out: https://twitter.com/personalization, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000TORzAAO&status=Active.

13.9. Twitch (Twitch Interactive, Inc., c/o Corporation Service Company, 2710 Gateway Oaks Drive, Suite 150N, CA 95833, USA) - Privacy Policy: https://www.twitch.tv/p/legal/privacy-policy/.

13.10. Google/ YouTube (Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA) - Privacy Policy: https://policies.google.com/privacy, Opt-Out: https://adssettings.google.com/authenticated, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active.

14. Google Analytics

14.1. For the purposes of this legitimate interests (i.e. this interest in analyzing, optimizing and (in case of commercial use) running this Websites in a commercially viable manner within the meaning of Art. 6 (1) f. of the GDPR, the Controller uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google uses cookies. The information generated by cookies concerning the use of the Websites by the User will generally be transmitted to and stored by Google on servers in the USA.

14.2. Google is certified under the Privacy Shield framework which offers a guarantee of compliance with European data protection legislation (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

14.3. Google will use this information on this behalf for the purpose of evaluating use of this Websites by the User, compiling reports on activity on the Websites, and providing us with other services relating to the use of the Websites and use of the Internet. This process may involve creating pseudonymized usage profiles of Users from the processed data.

14.4. The Controller only uses Google Analytics with IP anonymization enabled. That means Google truncates the User’s IP address within Member States of the European Union and in other countries that are party to the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and truncated there.

14.5. The IP address transmitted by the User’s browser is not associated with any other data held by Google. Users can prevent cookies from being installed on their computer by adjusting their browser settings accordingly. Users can also prevent Google from collecting data generated by cookies concerning their use of the Websites and can prevent Google from processing this data by downloading and installing a browser plug-in from the following link: http://tools.google.com/dlpage/gaoptout?hl=en.

14.6. For more information on how Google uses data and how to opt out, please refer to Google’s websites: https://www.google.com/intl/en/policies/privacy/partners (“How Google uses data when you use this partners' sites or apps”), http://www.google.com/policies/technologies/ads (“How Google uses data in advertising”), http://www.google.com/settings/ads (“Control the information Google uses to show you ads”).

15. Newsletter and commercial communication

15.1. With the following declarations we would like to inform our Users about the contents of our newsletters as well as other types of business e-mails and electronic mail (short „newsletter“) as well as the registration, dispatch and statistical evaluation procedures and your rights of objection. By subscribing to our newsletter, you declare your agreement with the reception and the described procedures. The legal basis of your consent is Art. 6 (1) a, Art. 7 GDPR.

15.2. Contents of the newsletter: We send out newsletters, e-mails and other electronic notifications with advertising information (hereinafter referred to as „newsletters“) only with the consent of the recipients or a legal permission. Insofar as the contents of a newsletter registration are specifically described in detail, they are decisive for the User's consent. In general, our newsletters contain information on trends in communication, marketing, our services and our business.

15.3. Newsletter service provider: The newsletters are sent by „MailChimp“, a service provided by Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA (hereinafter referred to as „newsletter service provider“) on the basis of a data processing agreement within the meaning of Art. 28 (3) Sent. 1 DSGVO. The privacy policy of the newsletter service provider company can be viewed here: https://mailchimp.com/legal/privacy/. The Rocket Science Group LLC d/b/a MailChimp is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with the European data protection level (https://www.privacyshield.gov/participant?id=a2zt0000000TO6hAAG&status=Active).

15.4. Opt-in and logging: The registration for our newsletter is done in a so-called double opt-in procedure. This means that Users will receive an e-mail after the registration, in which Users will be asked to confirm your registration. This confirmation is necessary so that no one can register with other e-mail addresses. The subscriptions to the newsletter are logged in order to be able to prove the registration process according to the legal requirements. This includes saving the logon and confirmation time as well as the IP address. The changes to your data stored by the shipping company are also logged.

15.5. Furthermore, the newsletter service provider can, according to his own information, use this data in a pseudonymized form, i. e. without being directly associated with a User, for the optimization or improvement of his own services, e. g. for the technical optimization of the sending and presentation of the newsletter or for statistical purposes to determine from which countries the recipients come. However, the newsletter service provider does not use the data of our newsletter recipients to contact them himself or to pass the data on to third parties.

15.6. Registration data: To subscribe to the newsletter, please fill in the e-mail-address and complete the optional information. We use this information for the individual addressing of our newsletter subscribers.

15.7. Statistical survey and analysis - The newsletters contain a so-called „web-beacon“, i.e. a pixel-sized file, which is retrieved from the newsletter service provider’s server when the newsletter is opened. In the course of this retrieval, technical information such as information about the browser and your system, as well as your IP address and time of retrieval are first collected. This information is used for the technical improvement of the services based on the technical data or target groups and their reading behavior based on the retrieval locations (which can be determined by means of the IP address) or access times. Statistical surveys also include determining whether the newsletters are opened, when they are opened, and which links are clicked and when. For technical reasons, this information can be assigned to the individual newsletter recipients. However, it is not our intention to monitor individual Users. The evaluations serve us much more to recognize the reading habits of our Users and to adapt our contents to them or to send different contents according to the interests of our Users.

15.8. The newsletter is sent on the basis of the consent of the recipients in accordance with Art. 6 (1) lit. a, Art. 7 GDPR. The statistical surveys and analyses are conducted on the basis of our legitimate interests in accordance with Art. 6 (1) lit. f of the GDPR. We are interested in using a User-friendly and secure newsletter system that serves our business interests and meets the expectations of our Users. The registration procedure is recorded in accordance with Art. 6 (1)(c). GDPR on the basis of a legal obligation to prove the consent of the newsletter recipients (e.g. in accordance with Art. 7 (1) GDPR).

15.9. Cancellation/Revocation - Newsletter recipients can cancel the receipt of our newsletter at any time, i.e. revoke their consent. Newsletter recipients will find a link to unsubscribe from the newsletter at the end of each newsletter. By unsubscribing from the newsletter, the personal data will be deleted, if they only apply to the newsletter subscription unless their storage is legally required or necessary for contractual reasons, and their processing in this case is limited to these exceptional purposes only.

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16. Integration of third-party services and content

16.1. For the purposes of the legitimate interests (i.e. this interest in analyzing, optimizing and (in case of commercial use) running this Websites in a commercially viable manner within the meaning of Art. 6 (1) f. of the GDPR), the Controller uses third-party content and service delivery providers on this Websites in order to incorporate content and services such as videos and fonts, for example (hereinafter jointly referred to as “Content”). The third-party provider of this Content always requires the User's IP address in order to send the Content to the browser of the respective User. In other words, the IP address is required to display this Content. The Controller endeavors only to use such Content where the respective provider uses the IP address exclusively to deliver said content. Third-party providers may additionally use “pixel tags” (invisible image files, also known as web beacons) for statistical or marketing purposes. Pixel tags can be used to analyze information such as the number of visitors accessing the pages of this Website. The pseudonymized information may additionally be stored on User devices in the form of cookies. This information includes technical information on the browser and operating system, referring websites, time spent on the Website, and further details on how Users make use of this Websites, plus it can also be combined with comparable information from other sources.

16.2. The list below provides an overview of third-party providers and their Content as well as links to their privacy policies, which contain further information on data processing and opt-out mechanisms, some of which have already been discussed here:

Videos on the “YouTube” platform provided by the third-party company Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy policy: https://www.google.com/policies/privacy/; opt-out: https://www.google.com/settings/ads/. Notes on Google, Inc.: Google is certified under the Privacy Shield framework which offers a guarantee of compliance with European data protection legislation (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

External fonts provided by the third-party provider Google, Inc., https://www.google.com/fonts („Google Fonts“). The integration of the Google fonts is performed by a request on Google's server (usually in the USA). Privacy policy: https://www.google.com/policies/privacy/, opt-out: https://www.google.com/settings/ads/.