General Terms and Conditions | General Data Protection Regulation
1 Subject; Area of Validity
1.1 The following general terms and conditions regulate the use of online and mobile application and other services provided by Kaydee Limited (hereinafter referred to as “Kaydee Limited”), 18 Wells St W1T3PQ London, on Kaydee Limited’s websites and in app stores.
1.2 Kaydee Limited offers online and mobile application and other services within the context of its technical and operational capabilities, with an average annual availability of 90% (ninety percent). This does not include periods of time during which the use of online and mobile application and other services are interrupted or affected due to urgent technical reasons or required maintenance work. Kaydee Limited is not liable for these instances in accordance with the conditions of this contract. This also does not include periods of time in which Kaydee Limited’ general servers or the servers of certain application do not allow online access due to reasons beyond Kaydee Limited’ control (force majeure, third party responsibility, etc.).
1.3 Kaydee Limited continuously updates, changes, and develops its online and mobile application and other services at its own discretion. Users can therefore only participate in the respective online game, mobile game, or other offer in its respective form provided at any given time. Kaydee Limited retains the right to cease operating an online or mobile game or remove a specific service without explanation.
1.4 Online and mobile application and other services offered by Kaydee Limited are intended solely for the purpose of entertainment. The use of these application or services for business or commercial purposes is strictly prohibited.
1.5 Users are responsible for ensuring that their own software and hardware is suitable and up-to-date.
1.6 In addition to these general terms and conditions, any existing rules of the respective online or mobile game shall also apply. In the case of an inconsistency between these general terms and conditions and the rules of the game, the provisions of these general terms and conditions shall take precedence when settling the instance of contradiction. In addition, specific terms and conditions shall also apply to certain online or mobile application, specific versions and/or components of online or mobile application, and individual services offered on Kaydee Limited’ websites as appropriate. Users will be appropriately informed of any specific terms and conditions prior to use of the respective offer.
1.7 Users have the opportunity to use the services of Kaydee Limited’ contractual partners for various online and mobile application and other services. In these cases, a separate contract between the user and the respective contractual partner of Kaydee Limited shall be concluded. Users will be informed of this in an appropriate manner prior to concluding the contract.
1.8 Other provisions or general terms and conditions of a user, which deviate from Kaydee Limited’ general terms and conditions, shall only apply if Kaydee Limited gives prior written consent to their validity.
2 Conclusion of Contract
2.1 In order to use the online and mobile application and other services provided by Kaydee Limited, users must register for and, if needed, install the app in question.
2.2 Only natural persons are eligible for registration. Only individual persons are permitted to be authorized users (no groups, families, spouses or life partners, etc.).
2.3 Children under 13 years of age are not permitted to register. Minors over 13 years of age may only register with the permission of their legal guardians and, in the case that the respective game or service has an age rating, only after reaching the minimum age requirement.
2.4 Users are not permitted to download mobile application via the Apple App Store if they are:
located in a country that is subject to an embargo by the US government or in a country that the US government classifies as supportive of terrorism.
on the US government’s list of prohibited or restricted parties.
2.5 Users must enter a player name and generally an email address registered to the user in order to register for the online application; the mobile application require a player name. Users have no claim to a particular player name. The selected player name may not infringe upon the rights of third parties and violate existing legal prohibitions or common decency. Moreover, no email or web address may be used as a player name. Users must ensure that the information provided to Kaydee Limited during registration is genuine and complete.
2.6 Certain application also allow registration using Facebook login credentials. The data required for registration shall be taken from the user’s Facebook account for this purpose.
2.7 Users must register for their accounts themselves. Registration performed via third parties, especially those that register individual people commercially at various service providers (registration services and/or entry services), is not permitted.
2.8 After successful registration, the user creates an account (“user account”) which the user can manage independently. The user account cannot be transferred without the explicit consent of Kaydee Limited.
2.9 Users have no right to claim registration or activation.
3 General User Obligations
3.1 User data
Users agree to immediately provide Kaydee Limited with any future changes to data entered upon registration, in particular any change to the email address. Users are obliged to confirm for Kaydee Limited the accuracy of their data upon request.
3.2 Login data, identification, passwords
3.2.1 Users are required to maintain strict confidentiality regarding all login data, identification, and passwords.
3.2.2 The terms “login data”, “identification”, and “passwords” include all letter and/or character and/or number sequences used to authenticate the user and prevent unauthorized use by third parties. The password should not be identical to the player name, and it should consist of a combination of numbers and letters.
3.2.3 Users are required to protect all login data, identification, and passwords from third-party access.
3.2.4 In the event that a user has reason to believe that third parties have obtained or may have obtained unauthorized login data, identification, or passwords, they shall inform Kaydee Limited immediately and change their data or have it changed by Kaydee Limited. In this case or in the event that Kaydee Limited has concrete evidence of misuse of data, Kaydee Limited has the right to temporarily block access to the user’s account. If there is evidence of misuse of data, Kaydee Limited shall inform the user.
3.2.5 Users are under no circumstances entitled to use the login data of another user, unless the rules of the respective online or mobile game or other service allow for exceptions.
3.3 Use of Kaydee Limited’ websites and website content
3.3.1 Kaydee Limited’ websites and mobile application include various content that is protected by trademarks, copyrights, or other means for the benefit of Kaydee Limited or third parties. Unless explicitly permitted within these general terms and conditions, users may not edit, copy, distribute, publicly reproduce, use for advertising purposes, or use beyond the contractually agreed purposes any of Kaydee Limited’ websites, mobile application, or the content or any portion thereof. Only technical copies intended for browsing purposes and permanent copies intended solely for private use shall be permitted. Copyright information and brand names may not be changed, hidden, or removed.
3.3.2 The term “content” includes all data, images, text, graphics, music, sounds, sound sequences, videos, software programs and codes, and other information provided by Kaydee Limited. The term “content” also includes, in particular, all services available for download.
3.3.3 Users are obliged to abstain from any measure which may compromise or interrupt the proper functioning of Kaydee Limited’ websites, any individual services and/or offers there, or its online and mobile application. Users are also required to abstain from any measure which may allow unauthorized access to data. Content may only be called up in a manner that does not affect other users’ use of Kaydee Limited’ websites and content. The transfer of data or software that may affect the hardware or software of recipients is not permitted.
3.3.4 Any use of Kaydee Limited’ websites or mobile application for commercial purposes, especially advertising purposes, requires the express prior written consent of Kaydee Limited.
3.3.5 Users are not entitled to publish content on Kaydee Limited’ websites, online application, mobile application, or other services.
3.3.6 Kaydee Limited’ websites may not be used via an anonymization service that hides the user’s true IP address.
3.4 Use of client software
In the case of offers which require the prior installation of a client software, Kaydee Limited grants the user an unrestricted, non-exclusive, non-transferable, personal, and time-limited in terms of the user agreement right to install the client software and use it for the agreed purposes according to these general terms and conditions and the rules of the respective game. The software may not be used for commercial purposes in any manner. Modifications to the client software and a back-translation of the relinquished programming code into other code forms (decompilation) and other types of reverse engineering of the software’s various production levels are prohibited if these are not required for establishing interoperability. Kaydee Limited is liable for damages to the user in accordance with the statutory liability provisions.
4 Specific Terms for the Use of Online and Mobile application
4.1 The user may only take part in every round (e.g. World, Universe, etc.) of an online game or mobile game using one user account, unless the respective rules of the game allow for exceptions from this. The use of several user accounts by one user is not permitted. Multiuser accounts such as these may be deleted or banned at the reasonable discretion of Kaydee Limited.
4.2 Users are prohibited from enacting any form of manipulative interference in online or mobile application. In particular, users are not entitled to utilize measures, mechanisms, or software that could interfere with the function or progress of the game. Users may not take measures that may cause an unreasonable or excessive burden on technical capacity. Users are not allowed to block, rewrite, or modify content generated by the game administration or to interfere with the game in any other manner.
4.3 Under no circumstances may users
a) create or use cheats, mods and/or hacks, or any other third party software products that may change the result of the online or mobile application,
b) use software that allows the mining of data or otherwise intercepts or collects information in connection to the online and mobile application,
c) use virtual items that are being used in online or mobile application outside of the online or mobile application, purchase virtual items for “real” money, or sell or swap virtual items,
d) sell, buy, or trade user accounts.
This includes all circumventions, similar actions, or actions that produce an effect that matches the aforementioned bans.
4.4 Users are also prohibited from running the online game (including all individual web pages) with programs other than the internet browser or the client program that has been provided. This refers in particular to so-called bots and other tools meant to replace or supplement the web interface. Also prohibited are scripts and completely or partially automated programs that provide users with an advantage over other users. This includes auto-refresh functions and other integrated browser mechanisms if they concern automated procedures.
4.5 It is prohibited to apply measures that hide advertisements. It is of no significance whether advertising is deliberately hidden or can not be displayed in general e.g. by so-called pop-up blockers, text-based browsers, or similar.
4.6 The automated creation of user accounts, regardless of whether the home page is displayed or not, is not permitted.
4.7 Kaydee Limited or contractors authorized by Kaydee Limited hold all and exclusive rights to items used and virtual items provided in online or mobile application. Users will only receive a non-exclusive right of use to the virtual items for the duration of the user agreement.
4.8 Chip transfers
a) Giving chips as gifts
You may give chips to your buddies using the “send chips” tool. This tool is found by clicking on a picture of a buddy at the table or by viewing their profile page. However, you are not allowed to send these gifts in exchange for money or an equivalent to money. Doing so could result in your accounts being blocked or a chip penalty being stipulated at the reasonable discretion of Kaydee Limited.
b) Chip transfers
The only permissible method for transferring chips between accounts is the “send chips” tool (see Point a). Losing chips on purpose (e.g. purposefully losing a poker hand at the table) in order to send chips to a buddy (or to yourself at another account) represents a breach of the general terms and conditions. Doing so could result in your account being blocked and a chip penalty being stipulated at the reasonable discretion of Kaydee Limited.
c) Chip farming / scripting
The misuse of scripts or manual processes in order to create chips is not permitted. Doing so could result in Kaydee Limited blocking the respective user account or stipulating a chip penalty.
5 Specific conditions for the use of communication facilities (particularly discussion forums, chats, comments)
5.1 Kaydee Limited may provide users with different communication facilities for self-created entries and posts on Kaydee Limited’ websites, in the game, and on social networks (particularly discussion forums, chats, blogs, guest books, etc. as well as the utilization of their comment functions, altogether known as the “communication facilities”), which the user may use when available. In this regard, Kaydee Limited only provides users with the technical environment for an exchange of information. However, users do not have the right to claim communication features.
5.2 Users take full responsibility for the content and entries they post. Users agree to release Kaydee Limited from any legitimate claims from third parties arising from a culpable violation of the users’ obligations. Kaydee Limited explicitly does not claim content entered by users as its own. However, users shall grant Kaydee Limited the permanent, irrevocable, non-exclusive right to use the content and contributions posted by the users.
5.3 Within the context of these communication facilities, users are prohibited from publishing or distributing content on Kaydee Limited’ websites that:
a) violates an applicable law, goes against common decency, or breaches the general terms and conditions or the rules of the respective game;
b) violates trademarks, patents, utility or design patterns, copyrights, trade secrets, or other rights of third parties;
c) is obscene, racist, violent, pornographic, of adult content, or otherwise threatening to the development of children and adolescents, or of a detrimental nature;
d) is of an abusive, harassing, or defamatory nature;
e) includes chain letters or pyramid schemes;
f) falsely suggests that it is provided or supported by Kaydee Limited;
g) contains personal data of third parties without their explicit consent;
h) is commercial, in particular promotional, in nature.
5.4 The inclusion of websites or names of companies and products is only permitted if this is not primarily for advertising purposes.
5.5 All users of these communication facilities are required to use acceptable words. Abusive criticism or derogatory attacks shall be avoided.
5.6 Notwithstanding any other rights under these general terms and conditions, Kaydee Limited has the right to fully or partially remove content and entries that violate the rules of these general terms and conditions. Kaydee Limited also has the right to exclude users who violate these rules, in whole or temporarily, from further use of Kaydee Limited’ online and mobile application, websites, and other services.
6 Consequences of a Breach of Duty
6.1 Kaydee Limited is not liable for damages resulting from a user’s breach of duty.
6.2 Regardless of any additional legal or contractual rights, it is at the reasonable discretion of Googame Studios to take the following actions against any user who culpably breaches statutory law, third party rights, these general terms and conditions, or any respective additional regulations and game rules:
a) remove content,
b) issue a warning to the user,
c) temporarily or permanently block a user from specific or all online and mobile application and content of Kaydee Limited’ websites,
d) suspend a user, also from certain game functions (e.g. chat)
e) issue a temporary or permanent virtual ban from the game in cases of a violation of item 6 of these general terms and conditions, or
f) immediately terminate the contract.
6.3 If users have been blocked or excluded, they may not log in again to a service provided by Kaydee Limited without the prior consent of Kaydee Limited.
7 Usage fees
7.1 Users can play the online and mobile application offered essentially free of charge. However, the user can pay money to purchase virtual currency (e.g. rubies, gold, jewels, the “premium currency”), certain virtual features, and other services (together with the “purchasable features”) within the context of the online application and mobile application. The price for the desired virtual currency appears in euros, US dollars, or in another currency applicable to the user’s region. The user can purchase advantages or virtual items in the online or mobile game with the premium currency purchased.
7.2 Users will receive specific information on the features available for purchase, particularly the function of the feature in question, how long the feature for purchase will be available (if applicable), the respective purchasing price, and the payment method available in the online or mobile game.
7.3 Users can submit their offers to purchase the available features by selecting the desired item and desired payment method offered in the respective online game or mobile game, clicking on the Buy Now button, and thus concluding the order process.
7.4 The payment options vary according to the online or mobile game, the participant’s country, and the technically feasible payment options available in the market. Kaydee Limited reserves the right to amend their payment options.
7.5 The money is collected via the service provider commissioned by the user for the respective payment process or via a transfer made by the user. For mobile application, money is collected via the respective app store. In individual cases, the general terms and conditions included by the authorized service provider may be applicable in addition to the general terms and conditions of Kaydee Limited.
7.6 After completion of the payment process or, in the case of a transfer, after the receipt of the money in Kaydee Limited’ account, Kaydee Limited shall credit the purchased features to the user’s account. The credit simultaneously represents that the user has accepted a contract from Kaydee Limited regarding the purchase of available features.
7.7 In mobile application on the portals of individual business partners and in online and mobile application that have been integrated into social networks, the conclusion of the contract may deviate from the procedure described here. In these cases, users will be informed on the specific procedure for concluding a contract.
7.8 The user acknowledges and agrees that all information provided as part of a payment transaction (in particular bank account, credit card number, etc.) is complete and correct.
7.9 Kaydee Limited retains the right to revise the fees for features available for purchase. This includes Kaydee Limited’ right to increase or decrease the fees for all individual features in all future cases of purchases of purchasable features.
7.10 Statutory interest shall accrue in instances of default. Kaydee Limited is also entitled to block the user account, recover further damages, and terminate services.
7.11 Should Kaydee Limited incur back charges or cancellation fees at the fault of the user (including an inadequate account balance), the user shall bear the costs incurred from this.
8 Limitation of liability
8.1 Users are held personally liable for any violation of a third party’s rights. Users agree to reimburse Kaydee Limited for all damages resulting from the culpable non-observance of the obligations of these terms and conditions. Users release Kaydee Limited from all eligible claims that other users or third parties may file against Kaydee Limited due to a violation of their rights by content posted by the user or due to a violation of other obligations. Users shall assume the costs of Kaydee Limited’ legal defense, including all court and legal fees. This condition does not apply if the user is not responsible for the infringement.
8.2 The liability of Kaydee Limited, on whatever legal grounds, whether due to contractual misconduct or a breach of duty, is ultimately determined in accordance with the following rules:
8.2.1 If Kaydee Limited provides the respective liability-causing service free of charge, Kaydee Limited is liable only for malice and gross negligence.
8.2.2 In the case of non-gratuitous services, Kaydee Limited’ liability is limited to cases of malice and gross negligence, but unlimited in cases of personal injury. In cases of slight negligence, however, Kaydee Limited will only be liable for a breach of essential contractual obligations such as delay or unavailability which Kaydee Limited is held responsible for. In the case of a breach of an essential contractual obligation, liability is limited to the typical contractual damages that Kaydee Limited had to calculate upon conclusion of the contract due to the circumstances prevailing at this time.
“Essential contractual obligations”, as previously stated, are the obligations that may be relied upon by the user and that ensure that the contract runs in accordance with its regulations and achieves the contractual aim.
8.2.3 Kaydee Limited assumes no liability for interruptions within the network that are not the fault of Kaydee Limited.
8.2.4 Kaydee Limited is liable for a loss of data in accordance with the foregoing paragraphs only if such a loss could not have been avoided by adequate backup measures taken by the user.
8.2.5 The aforementioned liability limitations do not apply in cases of explicit guarantees made by Kaydee Limited, in cases of malice, and for damages due to the loss of life, limb, or health. Liability shall remain unaffected under the Product Liability Act.
9 Contract Duration; Deletion of User Accounts
9.1 Unless expressly stated otherwise for the respective online game, mobile game, or other service, the contract for the use of the Kaydee Limited’ website, online application, mobile application, and other services runs for an indefinite period. The contract begins upon accreditation or activation of an account by Kaydee Limited.
9.2 The contract may be terminated by either party at any time with immediate effect, provided that a temporary contract period has not been agreed.
9.3 Either party has the right to terminate the contract for good cause without giving a period of notice. “Good cause” constitutes, in particular, if
a) a user has defaulted on payment of the fees, and does not pay despite reminders,
b) a behavior significantly affecting the game experience of other players is being displayed,
c) cheats, mods, and/or “hacks” as well as any other form of software, tools, or scripts that alter the gaming experience or the game mechanism of online or mobile application are being used,
d) third parties make use of a user’s account, unless the rules of the game allow for specific exceptions,
e) a user makes use of a third party user account or uses more than one user account per online game, unless the rules of the game allow for specific exceptions,
f) a user uses virtual items being used in online or mobile application outside of the online or mobile application, attempts to buy or sell these virtual items for “real” money, or tries to trade them,
g) a user has sold, bought, or traded a user account, or
h) the user culpably violates laws that serve to protect other players or Kaydee Limited
i) the user deliberately violates these general terms and conditions, additional governing provisions, and/or the rules of the game.
9.4 Termination must always be made in writing. Terminations sent via email are considered to have been made in writing.
9.5 In the case of extended inactivity, Kaydee Limited is entitled to delete the inactive user account after giving prior notice of this and only after at least 3 months of inactivity. Moreover, Kaydee Limited is entitled to delete a user account at the end of the contract at its own discretion.
10 Governing law
The laws of the Federal Republic of Germany shall apply; the UN Convention on Contracts for the International Sale of Goods (CISG) shall be excluded. The mandatory provisions of the country in which the user resides shall remain unaffected by this legal decision.
11 Amendments to these general terms and conditions; Miscellaneous
11.1 Kaydee Limited retains the right to modify these terms and conditions (a) in the event of any amendments made due to legal changes, (b) in the event of any amendments made due to decisions by the Supreme Court, (c) because of technical necessity, (d) in order to maintain company operations, (e) in the event of a change in market conditions, (f) for the benefit of the user. No amendment will take place if such amendment would substantially disrupt the contractual balance between the parties. Users will be informed of any amendments to the general terms and conditions via the Kaydee Limited’ website and via the respective online or mobile game at least four weeks before the amendment is scheduled to take effect. Alternatively, Kaydee Limited may send its users the amended general terms and conditions via email or inform them that the amended general terms and conditions can be accessed via the Kaydee Limited’ websites. The user is entitled to object to any amendment within four weeks. The terms and conditions are deemed to have been accepted if the user remains silent for the four-week period or if the user opens the game again after receiving notification of the amended terms and conditions. Kaydee Limited will specifically inform its users about the four-week period, the right of withdrawal, and the legal significance of remaining silent.
11.2 Kaydee Limited can transfer its rights and obligations from this contract to associated companies in accordance with Para. 15 of the Stock Corporation Act (AktG).
11.3 Users are only entitled to an offset if their counterclaim has been legally established or has been recognized by Kaydee Limited and is uncontested or has resulted from this synallagmatic legal relationship. Users can only exercise a right of retention provided that it pertains to claims arising from this contract.
11.4 Kaydee Limited generally communicates with the user via email – unless indicated otherwise by these terms and conditions. Users need to ensure that they regularly check the email account specified at registration for messages from Kaydee Limited. When contacting Kaydee Limited, users must indicate which online or mobile game and which user account the message concerns.
11.5 Should any provision of these terms and conditions be or become invalid and/or oppose statutory provisions, the validity of the remaining provisions of the terms and conditions shall remain unaffected.
GDPR
Privacy Policy for End Users | GDPR
Kaydee Limited (“Kaydee Limited”) is committed to protecting the privacy and security of your personal data although we don’t collect any data at all.
This privacy policy describes how we could collect and use your personal data when you use our mobile apps, online games as well as portals and websites.
It applies to all end users, including paying and non-paying users.
ONE. Introduction
Kaydee Limited (“Kaydee Limited”, “We”) is the data controller in respect of your personal data and is committed to protecting and respecting your privacy and personal integrity when you are using the mobile apps and online games as well as portals and websites offered by us (together “Services”). This Privacy Policy will help you understand what personal data we could collect about you, why it could be collected and how it could be used by us. It will clarify how you can exer-cise your rights when you trust us to handle your personal data for you. If you have any questions, you are welcome to contact us by using the contact information provided by google playstore.
Please note that our Services may contain links to websites that can be held by partner com-panies. If you follow a link to any of these websites or use these third-party services, you should be aware that they have their own privacy policies and that we do not assume any liability for their processing of your personal data. Therefore, please make sure to read their privacy policies before providing your personal data to them.
We offer our Services only to players who are at least 16 years old. Hence, we do not knowingly market to or solicit personal data from persons under the age of 16.
TWO. Data processing
In general, If we have to then we need to record the data which you disclose when using Services as part of your login or registration and possibly during use of fee-based services. Data are those which contain information about personal or factual circumstances. When logging in and registering as a user on our website, you only have to provide an email address and, if applicable, a username and password. When registering for certain Services, email addresses are not collected during registration but only later during the use of the Service. The password is stored in “hash” form, which never allows for an inference of the actual password.
In the context of implementing the concluded user contract, particularly in the context of fee-based Services you have chosen, the disclosure of further data, such as the full name, address, account details, credit card numbers, etc., may be required. It is sometimes also necessary to request personal information such as your name, address, email address, and telephone number for the purposes of processing your inquiries or providing you with support. we will handle these data confidentially and in compliance with the legal data protection provisions. In principle, we will not disclose such information to third parties without your permission, unless this is required for the implementation and execution of the contract, for processing your request or for your support or in the case of a legal permit.
2. Legal basis for data processing
Insofar as we obtain the consent of the data subject for processing of personal data, Art. 6(1)(a) of EU General Data Protection Regulation (GDPR) serves as the legal basis for personal data processing.
In personal data processing required for the fulfilment of a contract of which the data subject is a party, Art. 6(1)(b) GDPR serves as the legal basis. This also applies to the processing required in order to carry out pre-contractual actions.
Insofar as personal data processing is required for the fulfilment of a legal obligation which our company is subject to, Art. 6(1)(c) GDPR serves as the legal basis.
In the event that vital interests of the data subject or another natural person require personal data processing, Art. 6(1)(d) GDPR serves as the legal basis.
If processing is required to protect the legitimate interests of our company or of a third party, and if the interests, fundamental rights, and freedoms of the data subject do not prevail over the interests mentioned first, Art. 6(1)(f) serves as the legal basis for processing.
3. Deletion of data and duration of storage
The personal data of the data subject are deleted or blocked as soon as the purpose of storage no longer exists. In addition, such storage may occur if this is provided for by the European or national legislator in EU regulations, laws or other regulations to which the controller is subject. The blocking or deletion of data also occurs when the storage period prescribed in the abovementioned regulations lapses, unless further storage of the data is required for conclusion or fulfilment of a contract.
4. Data security
We makes reasonable efforts to prevent unauthorised access to your personal data as well as unauthorised use or falsification of these data and to minimise the corresponding risks. However, the provision of personal data, whether it be in person, over the phone or over the Internet, always involves risks and no technological system is completely free of the possibility of being manipulated or sabotaged.
Kaydee Limited processes the information collected from you in accordance with German and European data protection law. All employees are obliged to comply with data secrecy and data protection provisions and are instructed in this regard. Your data are transmitted in an en-crypted form using the SSL method.
THREE. Provision of our services and creation of log files
1. Description and scope of data processing
Each time our website is accessed, our system automatically collects data and information from the computer system of the accessing computer.
The following data could be collected but we don’t collect it:
Internet protocol
IP address
URL of the referring website from which the file was requested
Date and time of access
Browser type and operating system
the page visited by you
amount of transferred data
access status (file transferred, file not found etc.),
duration and frequency of use
The data is also stored in the log files of our system.
When accessing mobile apps, the following data and information could be collected but we don’t:
Internet protocol
IP address
date and time of access
device type and operating system
amount of transferred data
access status (file transferred, file not found etc.),
duration and frequency of use
Google Play IDs and Game Center IDs can possibly be stored to log you in to several devices.
If an error occurs during the use of our Services and we want to rectify this, we may also col-lect other data, e.g. Player ID and username.
2. Legal basis for data processing
The legal basis for the temporary storage of data and log files is provided by Art. 6(1)(f) GDPR.
3. Purpose of data processing
The temporary storage of the IP address by the system is necessary to allow delivery of the Services to the computer of the user. For this purpose, the user’s IP address must be stored for the duration of the session.
The storage in log files is done to ensure the functionality of the Services. In addition, the data is used by us in order to optimise the website and to ensure the security of our information technology systems. Evaluation of the data for marketing purposes does not take place in this context. Only a statistical evaluation of datasets takes place.
Kaydee Limited reserves the right to store IP addresses and log files for a maximum period of 30 days after the website is used to monitor compliance with the terms of use and rules of the game. In particular, this procedure is used to prevent any cases of abuse or to resolve them and, on a case-by-case basis, to pass on the data for this purpose to investigative authorities. Apart from that, any other analysis of data is done in anonymous form as much as possible. After the end of this period, the IP address and log files are completely deleted, unless there are mandatory statutory storage requirements or specific prosecution- and abuse investigation proceedings pending.
These purposes also constitute our legitimate and predominant interest in data processing according to Art. 6(1)(f) GDPR.
4. Storage duration
The data are deleted as soon as they are no longer necessary to fulfil the purpose of their collection. In the case when data are collected for the purpose of making the website availa-ble, this is the case when the respective session is over.
Log files which contain personal data are generally deleted after seven days at the latest. Ad-ditional storage is possible in the case of so-called error logs which allow us to fix errors. These error logs are deleted after maximum 30 days, collected IP addresses are anonymised after 30 days.
5. Possibility of objection and removal
The collection of data for the purpose of making the website available and the storage of the data in log files is essential for the operation of the website. As a consequence, there is no objection possibility on the part of the user.
FOUR. Inquiries via contact form, email, and support tool
1. Description and scope of data processing
a) Contact form
On our website, a contact form is available which can be used to contact us electronically. Should a user choose this option, the data entered in the input mask will be transmitted to us and stored. These data are:
Name
Email address
Message
Additionally, at the point of sending the message, the following data are stored:
IP address of the user
Date and time of submission
For the processing of the data, reference is made to this privacy policy in the context of the submission process.
We disable our contact form for our convenience
b) Email
Alternatively, it is possible to contact us via our provided email addresses. In this case, the personal data of the user transmitted with the email are stored.
c) Support tool
Alternatively, you can contact us via our support tool integrated into our Service. It will then store your user data and the content of the support inquiry as well as the time of the inquiry.
No data are transmitted to third parties in this context. The data are used exclusively for the processing of the conversation.
2. Legal basis
Legal basis for data processing is Art. 6(1)(f) GDPR. If the e-mail contact is aimed to conclude a contract or serves the contract execution, additional legal basis for the processing is Art. 6(1)(b) GDPR.
3. Aim of data processing
The processing of the personal data serves us only to process the contact and the support request. The other personal data processed during the submission process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.
4. Storage duration
The data are deleted as soon as they are no longer necessary to fulfil the purpose of their collection.
5. Possibility of objection and removal
At any time after contacting us, you have the option to object to personal data processing, regardless of whether this was done via a contact form, email or support tool. In such a case, the conversation cannot continue and your concern may not be conclusively handled. All per-sonal data stored in the course of contacting will be deleted in this case. This shall not apply if mandatory statutory retention requirements preclude this.
FIVE. Submission of newsletters
You can subscribe on our websites or in our games for a newsletter on the respective game. For this, we require your email address.
In addition, we must verify, taking into consideration the relevant legal regulations, that you are the actual owner of the provided email address and wish to receive the newsletter. For this purpose, we send you a validation email.
Our newsletters contain a pixel-size image (tracking pixels), which is retrieved by a server of the newsletter sender when the newsletter is opened. As part of this retrieval, technical information, such as information about your browser or operating system, as well as your IP address, location, and time of retrieval, is collected. This information is anonymised and evaluated independently of the individual.
Since the submission and receipt of the newsletter depend on your consent, you can revoke this consent for collection and storage of your data at any time without providing the reasons for it. For this purpose, use the unsubscribe link which can be found at the end of our newsletter.
Additionally, you have the option to opt-out of receiving newsletters in the Data Usage Window inside any of our games under “Settings”.
SIX. Submission of push notifications
1. Description and scope of data processing
If you have selected the appropriate settings on your device, Kaydee Limited can send push notifications to your mobile device to give you updates for games and other relevant news. You can manage push notifications on the page “Options” or “Settings” in the mobile app or in the settings of your device.
2. Legal basis for data processing
The legal basis for data processing in the presence of a contract is according to Art. 6(1)(b) GDPR.
3. Purpose of data processing
Push notifications are special notifications which are displayed directly on your mobile device. The notifications contain, for instance, the information that one of your buildings in the game has been completed. As a rule, push notifications contain short messages which focus on the essential.
4. Storage duration
The messages are stored within our push gateway for up to 21 days. The messages are also stored in anonymised form in our event tracking system for an indefinite amount of time. To our knowledge, messages may be stored by the supplier of your mobile device.
5. Possibility of objection and removal
You can switch off the push notifications as follows:
a) Android
Open Settings > Apps & notifications > Notifications > App notifications > Name of the app. On this screen you can control if and how Push Notifications are shown to you.
b) iOS
Open settings > Notifications > Name of the app. On this screen you can control if and how Push Notifications are shown to you.
c) Data Usage Window
Additionally, you have the option to opt-out of receiving push notifications sent for marketing purposes in the Data Usage Window inside any of our games under “Settings”.
SEVEN. Use of cookies
1. Description and scope of data processing
In order to ensure that you receive the most relevant information and the best service when you visit the Website, information and data will be collected through the use of cookies. It helps us (and other authorized third parties) to provide you with a personalized experience when you visit our Website, and it also allows us to improve our Service and make sure that you will easily find what you want. We want you to understand our use of cookies. Hence, we explain the types of technologies we use, what they do and your choices regarding their use.
Cookies are small pieces of data (text files) that are sent to your browser from a web server and stored on your device so that the website can recognize your device. There are two types of cookies, permanent and temporary (or “session”) cookies. Permanent cookies are stored as a file on your computer or mobile device for a longer period of time. Session cookies are temporarily placed on your computer when you visit our Website but are erased when you shut down the page. If you do not want to accept cookies, you can adjust the settings in your web browsers security preferences, see more information on this below.
We and our service providers may use the following categories of cookies:
a) Essential Cookies
These cookies are strictly necessary for us to provide our Services. For example, we may use these cookies to authenticate and identify our members when they use our Site so we can provide our Services. Without these cookies we would not be able to recognise you and you would not be able to access our Services. They also help us to enforce our Terms and Conditions and maintain the security of our Services.
b) Performance and Functionality Cookies
These cookies are not strictly necessary but allow us to personalize your online experience of our Site. For example, they allow us to remember your preferences and mean that you do not need to re-enter information you have already provided e.g. when signing-up to our Ser-vices. We also use these cookies to collect information (e.g. popular pages, viewing patterns, click-throughs) about our visitors’ usage of our Services so that we can improve our Site and Services and conduct market research. If you choose to delete these cookies you will have limited functionality of our Services.
c) Advertising Cookies
These cookies use information about your usage of our Site and other websites, e.g. the pages you visit or your response to ads, to deliver ads that are more tailored to you, both on and off our Site. These types of ads are called “Interest-Based Advertising.” Many of these types of cookies belong to our service providers. For third party advertisers, see more below.
2. Legal basis for the data processing
The legal basis for personal data processing with the use of cookies is Art. 6(1)(f) GDPR.
3. Purpose of data processing
We use the information from cookies to make our Website user-friendly and to enable us to provide you with personalized recommendations. We may also use several authorized third parties who put cookies on our Website to deliver services that they provide (third party cookies).
We may use session cookies to allow you to move between pages on our Website without having to re-enter information.
Permanent cookies are used in several ways, including:
To allow you to move between pages on our Services without having to re-enter information.
To help us recognize you when you return to our Website to use our Services.
To allow you access to stored information.
To allow us to recommend other games that suit your preferences.
To ensure that you do not get asked to fill in survey forms repeatedly.
We (and our authorized third parties) may use non-personal information from both permanent cookies and session cookies for statistical purposes as follows:
To determine which are the most popular parts of our Services.
To monitor the use of our Services and our Website (frequency and time).
To provide anonymous information to third parties so that more appropriate advertising can be directed at you.
To track product success.
To determine how frequently you and other users visit our Services and your interaction in our games.
We set and read our own cookies to provide the following functions (first-party cookies):
a) Remember Me Cookie
To provide you with ‘remember me’ functionality: We allow users to log into the game via this cookie. This can be disabled by deselecting “Remember Me” on manual login. If you select the “Remember Me” function, a permanent cookie will be installed in the device you are using, so that you do not need to log in again when browsing the Services. If you log out of a Service, the cookie will be deleted again.
b) Language Version Cookie
To ensure the right language version of the game is shown to you.
c) Portal Cookie
To allow us to optimize our landing pages and improve our marketing: we store details of the landing page you visited as well as an identifier in a cookie.
d) 3rd Party Snippet Cookie
We set a cookie to record your decision about 3rd party tracking snippets and cookies.
We also use several third-party cookies as part of our Services. These cookies are governed by the respective sites and are not controlled by us. You can switch off the installation of some of these cookies in your general browser settings, for others you will need to go to the respective websites and follow the instructions provided.
For instance, it is checked which language version you use to access our Services. If you became aware of our Services through one of our partners, we store the information on who the partner is.
Third party advertisers: We may use advertisers, third party ad networks, and other advertising companies to serve advertisements on our Services. Please be advised that such advertising companies may gather information about your visit to our Services or other sites to enable such advertising companies to market products or services to you, to monitor which ads have been served to your browser and which webpages you were viewing when such ads were delivered. If you would like more information about third party advertisers, please click here. Please note that the collection and use of information by third party advertisers is not covered by this privacy policy.
In the abovementioned purposes, our legitimate interest also consists in personal data processing according to Art. 6(1)(f) GDPR.
4. Storage duration
The data are deleted as soon as they are no longer necessary to fulfil the purpose of their collection.
5. Possibility of objection and removal
If you do not want these cookies to be stored on your computer or wish to be informed of their storage, you can prevent the installation of cookies by a corresponding adjustment to your browser software by selecting the option “do not accept cookies” in your browser settings or declining the use of third party tracking on the first visit to the website. Your browser manufacturer’s instructions will give you more details on how this works or see https://www.aboutcookies.org. You can also opt-out of receiving third-party cookies in general at http://www.youronlinechoices.com. However, we would like to point out that by preventing cookies, you may find that you cannot use all the website’s functions to the full extent.
a) Android
Open the settings in your app list and tap on the “Ad” button. Once you have opened the ad window, you can disable the Google Advertising ID.
b) iOS
Open the settings on your mobile end device (e.g. iPhone or iPad) and select the menu option “Data protection”. Under the option “Advertising”, you can switch off the ad tracking.
c) Data Usage Window
Additionally, you have the option to opt-out of using third-party tracking in the Data Usage Window inside any of our games under “Settings”.
EIGHT. Transfer of personal data to third parties
Kaydee Limited will only transfer your personal and/or billing-related data to third parties, in the sense of companies cooperating with Kaydee Limited or external service providers, insofar as this is required for the fulfilment of the contract, for payment processing as well as for the pro-tection of other users and is legally permitted or prescribed.
This applies in particular to the processing of payments made via external service providers chosen by you (e.g. banks, credit card companies, payment service providers such as Al-lopass, Amazon, Apple, Boacompra, Facebook, Google, Boku Payments, DaoPay, HiPay, Mobiyo, PayPal, Samsung, Sofortüberweisung, Worldpay). Your legally protected interests will be considered in accordance with the statutory provisions. The external service providers are required to treat your data confidentially and securely and may only use your data to the extent necessary to fulfil their task.
In the event of payment delay, we may commission a debt collection agency or a lawyer to collect the outstanding debt. For this purpose, the necessary data will be passed on and used in compliance with all data protection guidelines.
In addition, your personal information will be shared if it is necessary to protect other users or to counter threats to state or public security or to prosecute criminal offences and if is permitted by statutory data protection provisions. Your protectable interests will be considered in accordance with the statutory provisions. Please note that Kaydee Limited may be obliged to disclose data due to statutory provisions or, for instance, a judicial order (e.g. disclosure to investigative authorities). Disclosure always occurs only insofar as it is necessary and legally permitted or prescribed.
NINE. Use of third-party login services (“social logins”)
1. Login via Facebook Connect
We offer you the possibility to log in to our services via Facebook Connect. This is a service of Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA or, if you reside in the EU, Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”). If you use it, additional registration is not necessary. To log in, you are redirected to the Facebook website where you can log in with your user data. This links your Facebook profile and our service. Through the link, we automatically receive information from Facebook. The following information is transferred to us: Email address
This information is mandatory for the conclusion of the contract in order to identify you. Further information on Facebook and privacy settings can be found in the data protection guidelines at: https://www.facebook.com/about/privacy/update.
2. Login via Google Sign-In
We offer you the possibility to log in to our services via your Google account. This is a service of Google Inc. (1600 Amphitheatre Parkway Mountain View, CA 94043, USA (“Google”). If you use it, additional registration is not necessary. To log in, you are redirected to the Google website where you can log in with your user data. This links your Google profile and our service. Through the link, we automatically receive information from Google. The following information is transferred to us: Email address
This information is mandatory for the conclusion of the contract in order to identify you. Fur-ther information on Google and privacy settings can be found in the data protection guidelines at: https://policies.google.com/privacy.
TEN. Use of third-party analysis services
1. Adjust
a) Description and scope of data processing
We use mobile tracking technologies. For this we use the services of adjust GmbH, Saarbrücker St. 38a, 10405 Berlin, Germany. With the help of these services we collect statistical data about the use of our services to continually improve them. When you use our apps, your device sends us information that we collect and analyse. The following data is collected: IP address that is immediately anonymised, MAC address, anonymised Device ID (IDentifier For Advertisers – IDFA or Google Advertiser ID – GAID), browser type, language, Internet service provider, network status, time zone, access and exit page URL, time and date of access, clickstream data and other statistical information about the use of our services. There are no direct personal identifiers. The data collected in this way is used to create anonymous user profiles. The data collected with the tracking technology will not be used to personally identify the visitor of these websites without the express consent of the person concerned. For more information, please refer to the Adjust data protection policy at: https://www.adjust.com/privacy-policy.
b) Legal basis for the data processing
The legal basis for this processing is Art. 6(1)(f) GDPR. We have entered into a data processing agreement with Adjust.
c) Purpose of the data processing
The purpose is to improve your user experience with our services and to make our offer more attractive to you. In addition, the data collected is used to analyse the performance of marketing campaigns and generate performance reports.
d) Storage duration
The data will be retained by us for the duration of use of the service and by Adjust for 28 days.
e) Objection and deletion
Data collection and storage can be halted at any time with future effect by configuring your mobile device as described above at IX.5.
2. Google Analytics
a) Description and scope of the data processing
This website uses the “Google Analytics” service, which is provided by Google Inc. (1600 Amphitheatre Parkway Mountain View, CA 94043, USA) for analysis of website usage by users. The service uses “cookies” – text files which are stored on your device. The information collected by the cookies is usually sent to a Google server in the USA and stored there.
IP anonymisation is used on this website. The IP address of users within the member states of the EU and the European Economic Area will be abbreviated. This abbreviation eliminates the personal reference to your IP address. Under the data processing agreement, which we have established with Google Inc., Google uses the information collected to analyse website usage and activity and to provide services related to internet usage.
b) Legal basis for the data processing
The legal basis for this processing is Art. 6(1)(f) GDPR. We have entered into a data processing agreement with Google.
c) Purpose of data processing
On our behalf, Google uses this information to analyse your website usage, to compile reports on website activity and to provide other services relating to website and internet usage. The IP address transmitted by your browser through Google Analytics is not amalgamated with other Google data.
d) Storage duration
The data will be retained by Google for 26 months; due to the abbreviation of the IP addresses, no personal data will be stored.
e) Objection and deletion
You have the option of preventing the storage of cookies on your device by configuring your browser accordingly. There is no guarantee that you will be able to access all functions of this website without restrictions if your browser does not allow cookies. Furthermore, you can use a browser plug-in to prevent the information collected by cookies (including your IP address) from being sent to and used by Google Inc. The following link takes you to the required plug-in: https://tools.google.com/dlpage/gaoptout.
More information on how Google Inc. uses your data, can be found here: https://support.google.com/analytics/answer/6004245.
3. Hotjar
a) Description and scope of data processing
We use the services of Hotjar Ltd, Malta. This is an analysis tool that helps us to track how you use our website, such as how you navigate through our site. Among other things, Hotjar uses “cookies” (small text files that are stored on your display device) to perform the analysis. More information about Hotjar’s cookies can be found here: https://www.hotjar.com/cookies. We have also embedded the Hotjar tracking code on our website, which is used for the collection of (i) device-specific data (i.e. collection and storage of the IP address in anonymised form, size of the device screen, device type and browser information, country as geographical location and preferred language when displaying a website) and (ii) log data (i.e. referring domain, visited page(s), country as geographical location and preferred language when displaying a website, date and time of website access). Hotjar also uses third-party services such as Google Analytics and Optimizely. More information about Hotjar’s data protection services can be found here: https://www.hotjar.com/privacy.
b) Legal basis for the data processing
The legal basis for this processing is Art. 6(1)(f) GDPR. We have entered into a data processing agreement with Hotjar.
c) Purpose of the data processing
The purpose is to improve your user experience with our website and to make our offer more attractive to you. If you do not wish to allow cookies, you can disable them (see above). If you register with us, your data will not be linked to your personal data.
d) Storage duration
The data will be retained for 365 days by Hotjar ( https://help.hotjar.com/hc/en-us/articles/115011640427-Data-Retention).
e) Objection and deletion
You can opt-out of the future collection and storage of your data by Hotjar here: https://www.hotjar.com/opt-out.
ELEVEN. Use of third-party advertising services
1. General information
The website may occasionally contain advertisements from third parties and interactive links to third-party websites for which we are not responsible. In particular, we have no influence whatsoever on the content and design of the external sites linked to the websites to which you may be directed via these sites. The respective providers are exclusively responsible for the content and design of these websites as well as compliance with data protection regulations. Advertisers occasionally use technologies that send advertisements that appear on our websites directly to your browser, automatically transmitting your IP address. The advertisers concerned sometimes also use cookies and other technical means to measure the efficiency of their advertising or to optimise their content. This applies in particular, but not exclusively, to the classification of websites to certain interest categories within the scope of your Internet use. No connection will be established between this information and your name, address, telephone number or email address. We have no influence on that. The handling of data by these third parties is therefore not covered by this data protection declaration. Therefore, please contact the respective provider directly for information on their data protection regulations. You can disable the use of cookies in your browser settings (see above).
We forward your anonymised Device ID (IDentifier For Advertisers – IDFA or Google Advertiser ID – GAID) to some of our marketing partners within and outside of Europe (e.g. in the USA), in order to generate advertising for certain user groups with the help of our partners or to exclude users from certain advertising efforts. You can revoke data collection, storage, and transfer by applying your mobile device settings as described above.
2. AppNexus
Kaydee Limited uses the advertising display services of the external vendor AppNexus Inc., 28 West 23rd Street, 4th Floor, New York, NY 10010, USA, https://www.appnexus.com („AppNexus“). For this purpose, we have implemented the AppNexus tracking pixel (i.e. a code snippet) on our website. The tracking pixel allows players’ actions to be tracked on our website. No personal reference is established. Only statistical information is collected and transmitted to Ap-pNexus. This is intended to optimise advertising campaigns and to broadcast advertisements of interest to Internet users. Should wish otherwise, you can disable the AppNexus tracking by tapping the opt-out button at https://www.appnexus.com/en/company/platform-privacy-policy#choices. For more information on data protection at AppNexus, please visit: https://www.appnexus.com/en/company/platform-privacy-policy.
3. Facebook Pixel
On grounds of our legitimate interests in and for these purposes of analysis, optimisation and economic operation of our Services, our services use the so-called “Facebook pixel” by the Facebook social network, operated by Facebook Inc., 1601 S. California Ave., Palo Alto, CA 94304, USA or, if you are an EU resident, Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”).
The Facebook pixel is a code snippet placed on our website.
Facebook Pixel allows Facebook to identify the visitors of our online content as a target group for displaying advertisement (known as “Facebook ads”). Accordingly, we use Facebook Pixel to display our posted Facebook ads only to Facebook users who have shown an interest in our services or who share certain factors (such as interests in certain topics or products determined on the basis of visited web pages), which we transmit to Facebook (which is known as Custom Audiences). Facebook Pixel also helps us understand the effectiveness of Facebook ads for statistical and market research purposes, by showing whether users have been redirected to our services after clicking on a Facebook ad (known as conversion, and allowing to determine on which devices a user is performing an action), in order to create so-called lookalike audiences or statistical twins (i.e. to broadcast ads to target groups that are similar to existing customers) and to obtain comprehensive statistics about the use of the website. Facebook Pixel establishes a direct connection to the Facebook servers when you visit our website. This way, the Facebook server is notified that you have visited our website and Facebook assigns this information to your personal Facebook user account.
Facebook is certified under the Privacy Shield Agreement and therefore offers a guarantee of compliance with European data protection laws: https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active.
For further information about the collection and use of data by Facebook and your privacy protection rights and options, please see the Facebook data protection policy at https://www.facebook.com/about/privacy/update. For specific information and details about Facebook Pixel and how it works, please visit the Facebook help section at https://www.facebook.com/business/help/651294705016616. You can disable this function as shown at https://de-de.facebook.com/business/help/1415256572060999?helpref=uf_permalink or at https://www.facebook.com/settings?tab=ads. You must be logged into Facebook to do this.
4. Google DoubleClick
DoubleClick is a service of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). DoubleClick uses cookies to display advertisements relevant to you. Your browser is assigned an pseudonymised identification number (ID) to check which ads have been displayed in your browser and which ads have been interacted with. These cookies do not contain any personal information. The use of DoubleClick cookies only allows Google and its partner websites to display ads based on previous visits to our site or other websites on the Internet. The information generated by cookies is transmitted by Google to a USA-based server and stored for analysis. You can reject the use of cookies by selecting the appropriate settings on your browser. However, please note that this may limit the full functionality of our website for you. You can also prevent Google from collecting and processing cookie-generated data about your use of the website by disabling the use of cookies in your browser settings (see above). You can also opt out of the collection and categorisation of interest-based information by disabling it on the DoubleClick cookie settings page at: https://support.google.com/ads/answer/7395996
5. WordPress
Kaydee Limited uses WordPress.com to build this website. Kaydee Limited does not save your data in the database but WordPress.com may set a cookie to help them understand how visitors engage with websites that participate in their ad program. You may see a “cookie banner” on their users’ websites, particularly if you are in the European Union. If so, then their ad program does not set, or allow their ad partners to set, cookies that are used to show you targeted ads before you accept. You can find their Cookie Privacy Policy at https://automattic.com/cookies/
TWELVE. Use of other third-party services
1. Episerver Campaign (formerly optivo Broadmail)
Our newsletters are sent via Episerver Campaign (formerly optivo broadmail), an email marketing platform provided by Episerver GmbH, Wallstraße 16, 10179 Berlin.
The e-mail addresses of our newsletter recipients and other data described in this notice are temporarily stored for this purpose on Episerver servers in data centres within Germany and are subject to the German Data Protection Act. Episerver uses this information to send and assess newsletters on our behalf. Episerver may also use this information to improve its own services, such as technically optimising newsletter dispatch and presentation. However, Episerver does not use the data of our newsletter recipients to write to them, and never forwards the information to third parties if not legally required. The security scheme of Episerver Campaign for the Omni channel and the email marketing cloud is ISO 27001 certified. For further information, please visit: https://www.episerver.de/produkte/plattform/episerver-campaign/sicherheit.
Our newsletters contain a pixel-sized image (pixel code) that is retrieved by an Episerver server when the newsletter is opened. Technical information is collected as part of this retrieval, such as information about your browser or operating system, as well as your IP ad-dress, and the place and time of retrieval. This information is anonymised and assessed without personal information.
2. Google Maps
Our websites use maps from Google Inc., 1600 Amphitheatre Parkway Mountain View, CA 94043, USA. When you access one of our pages featuring a relevant map, map content is retrieved from Google’s servers. If you are signed in with your Google account, Google can merge your browsing behaviour with other information. The use of Google Maps is in the interest of an easy-to-understand representation of our Services. This constitutes a legitimate interest within the meaning of Art. 6(1)(f) GDPR. Google’s data protection policy applies: https://policies.google.com/privacy?hl=de&gl=de.
3. LinkedIn
Our websites use buttons from LinkedIn Corp., 2029 Stierlin Court, Mountain View, CA 94043, USA. The contents of LinkedIn servers are retrieved when you access one of our pages with a relevant button. If you are logged into your LinkedIn account, LinkedIn can merge your browsing behaviour with other information. The use of LinkedIn buttons is in the interest of exchanging information about our Services and improving them. This constitutes a legitimate interest within the meaning of Art. 6(1)(f) GDPR. LinkedIn’s data protection policy applies: https://www.linkedin.com/legal/privacy-policy.
4. Litmus
Litmus is a service provided by Litmus Software, Inc. (675 Massachusetts Ave., 10th Floor, Cambridge, MA 02139, USA) for analysing emails. The newsletters contain a pixel-sized image (pixel code) that is retrieved by a Litmus server when the newsletter is opened. Technical information is collected as part of this retrieval, such as information about your browser or operating system, as well as your IP address, and the place and time of retrieval. This information is anonymised and assessed without personal information.
5. Mailgun
Mailgun is a service provided by Mailgun, Inc. (620 Folsom St, Ste 100, San Francisco, CA 94107, USA) for sending our e-mails. This service may also collect information about the date and time when messages were read by the user and when the user interacts with incoming messages (such as by clicking on links contained in them). The company is a party to the Safe Harbour Agreement with the EU and is committed to upholding European data protection standards: https://www.mailgun.com/privacy.
6. Pinterest
Our websites use buttons from Pinterest, Inc., 808 Brannan St, San Francisco, CA 94103, USA. The contents of Pinterest servers are retrieved when you access one of our pages with a relevant button. If you are logged into your Pinterest account, Pinterest can merge your browsing behaviour with other information. The Pinterest data protection policy applies: http://pinterest.com/about/privacy/.
7. Twitter
Our websites use buttons from Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA. The contents of Twitter servers are retrieved when you access one of our pages with a relevant button. If you are logged into your Twitter account, Twitter can merge your browsing behaviour with other information. The use of Twitter buttons is in the interest of exchanging information about our Services and improving them. This constitutes a legitimate interest within the meaning of Art. 6(1)(f) GDPR. The Twitter data protection policy applies: https://twitter.com/de/privacy.
8. YouTube
Our websites use videos from YouTube, LLC 901 Cherry Ave., 94066 San Bruno, CA, USA, a company of Google Inc., Amphitheatre Parkway, Mountain View, CA 94043, USA. In doing so, we use the “Enhanced Data Protection Mode” option made available by YouTube. By loading one of our sites via a YouTube video, contents from YouTube will be loaded. If you are logged on to your YouTube account, YouTube shall have the possibility to amalgamate your navigation behaviour with other data. The use of YouTube videos serves the purpose of offering an easy-to-understand representation of our Services. YouTube’s privacy policies apply: https://www.google.de/intl/de/policies/privacy/.
9. Xing
Our websites use buttons by Xing AG, Dammtorstraße 29-32, 20354 Hamburg, Germany. By loading one of our sites via said buttons, contents from Xing will be loaded. To the best of our knowledge, no personal information is collected, and your navigation behaviour shall not be analysed. The data protection provisions for Xing’s buttons shall apply: https://www.xing.com/app/share?op=data_protection.
THIRTEEN. Rights of the data subject
If your personal data are processed, you are a data subject as defined by the GDPR, and you have the following rights before the controller:
1. Right to information
You can request the controller to provide you with a confirmation of whether personal data concerning you are being processed by us.
If such processing should exist, you can demand that the controller provide you with the following information:
the purposes toward which your personal data are being processed;
The categories of personal data which are being processed;
The recipients and/or the categories of recipients to whom the affected personal data has been- or continues to be disclosed;
The planned storage duration of your personal data or, if specific information cannot be provided, criteria for determining the storage duration;
the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
the right to lodge a complaint with a supervisory authority;
where the personal data are not collected from the data subject, any available infor-mation as to their source;
the existence of automated decision-making, including profiling, referred to in Arti-cle 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such pro-cessing for the data subject.
You shall be entitled to demand information as to whether the personal data concerning you are being transferred to a third country or to an international organisation. In this regard, you can demand to be briefed on the applicable guarantees pursuant to Art. 46 GDPR associated to said transfer.
We shall respond to inquiries within a month upon receipt of the request.
2. Right to rectification
You also have the right to rectification and/or completion before the controller, provided that the processed personal data concerning you are incorrect or incomplete. The controller shall have the obligation to implement the rectification immediately.
3. Right to restriction of processing
Under the following circumstances, you may claim the restriction of the processing of the personal data concerning you:
if the accuracy of the personal data is contested by the data subject, for a period ena-bling the controller to verify the accuracy of the personal data;
if the processing is unlawful and you oppose the erasure of the personal data, request-ing that their use be restricted instead;
if the controller no longer needs the personal data for the purposes of its processing, but you require it for the assertion, exercise, or defence of legal claims; or
if you have filed an objection to the processing pursuant to Art. 21(1) GDPR, and it has not been yet determined whether the controller’s stated grounds outweigh yours.
If processing has been restricted, such personal data shall, with the exception of storage, only be processed either with your consent; for the purposes of asserting, exercising, or defending legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest of the Union or of a Member State.
If the processing restriction was imposed under any of the above circumstances, you will be briefed by the controller before the restriction is lifted.
4. Right to erasure
You shall have the possibility to erase your account yourself at: https://goodbye.Kaydee Limited.com/login. We will then erase all your personal data, provided that we are not legally mandated to storing them. After one year of inactivity, we will also erase your account with us.
a) Obligation to erase
You have the right to claim that the controller erase all personal data concerning you without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
the personal data concerning you are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
you have revoked your consent on the basis of which the data collection was ground-ed, Pursuant to Art. 6(1)(a) or Art. 9(2)(a) GDPR, and no other legal grounds exist for their processing.
you file an objection to the processing, pursuant to Art. 21(1) GDPR, and there are no outweighing grounds for the processing, or you file an objection to the processing pur-suant to Art. 21(2) GDPR.
the personal data concerning you have been unlawfully processed;
the personal data concerning you have to be erased to comply with a legal obligation which requires processing under the laws of the European Union or the Member States, to which the processor is subject;
the personal data concerning you have been collected in relation to the offer of information society services referred to in Article 8(1) GDPR.
b) Information for third parties
If the controller has made public the personal data concerning you and is obliged, pursuant to Art. 17(1) GDPR, to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers who are processing the personal data that you, as data subject, have requested the erasure by said controllers of any links to, or copy or replication of, this personal data.
c) Exceptions
The right to erasure shall not apply whenever the processing is required for the purposes of:
exercising the right of freedom of expression and information;
complying with a legal obligation which requires processing under the laws of the European Union or the Member States, to which the processor is subject, or performing a task in the public interest or in exercise of public authority vested in the processor;
reasons of public interest in the area of public health in accordance with Art. 9(2)(h) and (i), as well as Art. 9(3) GDPR;
archival, scientific, or historiographical research purposes serving the public interest pursuant to Art. 89(1) GDPR, provided that the deletion right described in paragraph (a) does not render impossible or impede the realisation of the objectives of the processing;
for the establishment, exercise or defence of legal claims.
5. Right to briefing
If you assert the right to rectification, erasure, or restriction of processing before the controller, the latter has the obligation to notify all recipients to whom the personal data concerning you were disclosed of this data rectification, erasure, or the restriction of its processing, unless this should prove impossible or associated with a disproportionate cost.
You have the right to be informed of these recipients by the controller.
6. Right to data portability
You have the right to receive the personal data concerning you which you have provided to the controller in a structured, accessible, and machine-readable format. Furthermore, you have the right to transfer this data to another controller without restriction from the controller to whom the personal data had been provided, provided that
the processing is grounded on consent pursuant to Art. 6(1)(a) GDPR, or Art. 9(2)(a) GDPR, or on a contract pursuant to Art. 6(1)(b) GDPR, and
the processing is carried out by automated means.
In exercising this right, you have the further right to request that the personal data concerning you be directly transferred by one controller to another, provided that this is technically feasible. The liberties and rights of other persons may not be compromised by these actions.
The right of data portability shall not apply to processing personal data which is required for the performance of a task carried out in the public interest or in exercise of public authority vested in the controller
7. Right to object
You have the right to object to personal data processing concerning you on grounds relating to your particular situation, at any time, on the basis of Art. 6(1)(e) or (f) GDPR, including profiling based on those provisions.
The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the assertion, exercise or defence of legal claims.
If personal data are processed for direct marketing purposes, you shall have the right to object at any time to processing of personal data concerning you for said marketing purposes, including profiling to the extent that it is related to such direct marketing.
If you object to processing for direct marketing purposes, personal data concerning you shall no longer be processed for such purposes.
In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by using automated means which use technical specifications.
8. Right of withdrawal of consent under data protection law
You have the right to withdraw your declaration of consent under data protection law at any time. Withdrawal of consent shall not affect the lawfulness of data processing based on consent effective prior to its withdrawal.
9. Automated individual decision-making, including profiling
You shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly affects you in a significant manner. The above shall not apply if the decision
is required for entering into, or performance of, a contract between yourself and a data controller,
is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or
is made with your express consent.
Decisions referred to in paragraph 2 shall not be based on special categories of personal data referred to in Article 9, Para. 1 GDPR, unless Article 9, Para. 2, lit. (a) or (g) applies and suitable measures are in place to safeguard your rights and freedoms and legitimate interests.
In the cases referred to in points (1) and (3), the data controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, entailing, at a minimum, the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.
10. Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement if you consider that personal data processing relating to you infringes the GDPR.
The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Article 78 of the GDPR.
FOURTEEN. Final provisions
Kaydee Limited may alter these data protection provisions at any time. Kaydee Limited shall notify any such changes through appropriate channels.
Our GDPR was created with GDPR-Generator from ActiveMinds AG.
Kaydee Limited 