We, kiek ma games (hereinafter „kiek ma games“ or “we”), inform you according to the General Data Protection Regulation (hereinafter „GDPR“) about our processing of personal data. The protection of your data is important to us. In this document we inform you about the general handling of your personal data, your rights and data protection at kiek ma games in general.

I. General Information

1. Definitions

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

2. Controller

The controller within the meaning of the GDPR and other national data protection laws of EU countries and other data protection laws is:

kiek ma games GmbH – in foundation
(The GmbH is currently still being founded)
Hämmerlingstraße 109d
12555 Berlin
Germany

Phone: +49 (0) 176 61652445
Email: info@kiekma.games

3. Data Protection Officer

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

4. Legal basis for processing personal data

If we obtain the consent of a data subject for processing personal data, the legal basis for processing such personal data is Art. 6 para. 1 let. a) GDPR. If we process personal data that are necessary to perform a contract to which you as the data subject is a party, the legal basis for processing such personal data is Art. 6 para. 1 b) GDPR. The same applies if processing personal data is necessary to perform pre-contractual measures. If processing personal data is necessary to perform a legal obligation of our company, the legal basis for such data processing is Art. 6 para. 1 let. c) GDPR. If processing personal data is necessary to protect a legitimate interest of our company or a third party and the interests, fundamental rights and fundamental freedoms of the data subject do not outweigh that legitimate interest, the legal basis for such data processing is Art. 6 para. 1 let. f) GDPR.

5. Erasure of data and duration of data storage

Personal data will be erased or blocked as soon as it is no longer needed for the purposes for which it was stored and no other legal basis allows us the processing of the personal data. Personal data may also be blocked if provided for by EU or national regulations, laws, or other provisions to which we are subject. Personal data will also be blocked or erased if recordkeeping obligations under the aforementioned norms expire, unless continued storage of such data is necessary to enter into or perform a contract.

6. Recipient of personal data

For the processing of personal data we sometimes are in need to provide those personal data to a processor who processes the personal data on our behalf. If we use a processor for a processing-purpose, we inform you about it in the specific section of the privacy policy.

7. Processing of personal data in third countries

For technical reasons we are sometimes in need to process personal data in countries which are not located in the EU/EEC. We will explicitly inform you about such cases in this privacy policy.

If we process personal data in such countries and those countries do not guarantee adequate level of data privacy protection which is verified by an adequacy decision of the Commission according to art. 45 para. 3 GDPR, we enter into a contract with the processor according to art. 46 GDPR which includes the EU-Standard Contractual Clauses. A copy of those clauses can be found here: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32021D0914&from=EN

8. Rights of the data subjects

If we process your personal data, you are a data subject within the meaning of the GDPR and you have the following rights against us as the controller:

a)    Right to information

You may demand that we confirm whether or not personal data about you are processed by us. If we do process such personal data, you may demand the following information from the controller:

• the purposes for which your personal data are processed;
• the categories of personal data that are processed;
• the recipients or categories of recipients to whom your personal data have been or will be disclosed;
• how long we plan to store your personal data or, if that time period cannot be ascertained yet, the criteria used to determine how long we will store your personal data;
• whether you have a right to rectification or erasure of your personal data, a right to restricted processing by the controller, or a right to object to such processing;
• whether you have a right to lodge a complaint with a supervisory authority;
• any available information about the origin of data if they were not collected directly from the data subject; and
• whether your personal data will be transferred to any third country or international organization; in connection with such transfers you may demand to be informed of appropriate safeguards within the meaning of art. 46 GDPR.

b)    Right to rectification

You have the right against us to have incorrect personal data rectified and/or to have incomplete personal data completed if the personal data we process are incorrect or incomplete. We must rectify data without undue delay.

c)    Right to restricted processing

Under the following conditions you may demand restricted processing of your personal data:

• if you dispute the correctness of your personal data for a time period that allows the controller to review whether your personal data are correct;
• if processing is unlawful and you decline to have your personal data erased and instead demand restricted use of your personal data;
• if the controller no longer needs your personal data for the purposes for which they are processed, but you need such data to assert, exercise, or defend legal rights or claims, or
• if you have objected to processing of your personal data in accordance with art. 21 para. 1 GDPR and it has not yet been determined whether there are overriding legitimate reasons of the controller.

If processing of your personal data is restricted, such data may – except for their storage – be processed only with your consent, or to assert, exercise, or defend legal rights or claims, to protect the rights of another natural person or legal entity, or for reasons related to an important public interest of the European Union or any member state.

If processing of your personal data has been restricted under the aforementioned conditions, you will be notified by the controller before the restriction is lifted.

d)    Right to erasure

Erasure obligation

You may demand that the controller erase your personal data without undue delay and the controller has an obligation to do so if one of the following reasons applies:

• your personal data are no longer needed for the purposes for which they were collected or are otherwise processed;
• you have revoked your consent on which the processing of your data is based in accordance with art. 6 para. 1 let. a) or art. 9 para. 2 let. a) GDPR, and there is no other legal basis for processing your personal data;
• you have objected to processing of your personal data in accordance with art. 21 para. 1 GDPR and there are no overriding legitimate grounds for processing your personal data, or you object to processing in accordance with art. 21 para. 2 GDPR;
• your personal data have been processed unlawfully;
• erasing your personal data is necessary to comply with a legal obligation under European law or member state law to which the controller is subject; or
• your personal data were collected with respect to offered information society services within the meaning of art. 8 para. 1 GDPR.

Information to third parties

Where the controller has made personal data public and has an obligation under art. 17, para. 1 GDPR to erase such personal data, the controller, taking into account available technology and the cost of implementation, must take reasonable steps, including technical measures, to inform controllers which are processing such personal data that the data subject has requested the erasure by such controllers of any links to, or copies or duplicates of, such personal data.

Exceptions

There is no right to erasure if processing personal data is necessary

• to exercise the right to freedom of expression and information;
• to comply with a legal obligation which requires processing of your personal data under EU or member state law to which the controller subject, or to perform a task that is in the public interest, or to exercise official authority vested in the controller;
• for reasons of the public interest in the area of public health within the meaning of art. 9 para. 2 let. f) and i) and art. 9 para. 3 GDPR; or
• to assert, exercise, or defend legal rights or claims.

e)    Right to notification

If you have exercised your right to rectification, erasure, or restricted processing against the controller, the controller has an obligation to notify all recipients to whom your personal data have been disclosed of such rectification, erasure, or restricted processing, unless this proves impossible or would be associated with unreasonable expense.

You have a right to be informed of all such recipients by the controller.

f)     Right to data portability

You have a right to receive personal data you have made available to the controller in a structured, standard, and machine-legible format. You also have the right to transfer your personal  data to another controller without any interference by the controller to whom the personal data were made available, if

• processing is based on consent within the meaning of Art. 6 para. 1 let. a) GDPR or Art. 9 para. 2 let. a) GDPR or on a contract within the meaning of Art. 6 para. 1 b) GDPR, and
• data processing is automated.

In exercising the right to data portability you further have the right to have your personal data transferred directly from one controller to another controller, if and to the extent that this is technically feasible. No rights or freedoms of any other persons may be infringed thereby.

The right to data portability does not apply to processing of personal data that is necessary to perform a task that is in the public interest or to processing of personal data in the exercise of official authority vested in the controller.

g)    Right of objection

You have the right for reasons related to your particular situation to object to processing of your personal data at any time based on art. 6 para. 1 let. e) or f) GDPR; the same applies to any profiling based on the aforementioned provisions.

If you object, the controller will no longer process your personal data, unless the controller can show that there are compelling protected reasons for processing your personal data that override your interests, rights and freedoms, or if your data are processed to assert, exercise, or defend legal rights or claims.

If your personal data are processed for direct advertising purposes, you have a right to object to processing of your personal data for purposes of such advertising at any time; the same applies to any profiling associated with such direct advertising.

If you object to processing of your personal data for purposes of direct advertising, your personal data will no longer be processed for such purposes.

In connection with use of information society services you may exercise your right of objection – regardless of Directive 2002/58/EC – by using automated processes for which technical specifications are used. For this purpose you may send an email to our data protection officer.

h)    Right to revoke consent to data processing

You have a right to revoke your consent to data processing at any time. If you exercise your right of revocation, the lawfulness of data processing that occurs before revocation based on your consent will remain unaffected.

i)     Automated decision in a particular case, including profiling

You have a right not to be subjected to a decision that is made exclusively by means of automated processing – including profiling – if such a decision has legal consequences for you or otherwise substantially impairs your interests. This does not apply if the decision

• is necessary to enter into or perform a contract between you and the controller,
• is permitted under EU or member state law to which the controller is subject and such law provides for appropriate safeguards to protect your rights, freedoms, and legitimate interests, or
• is made with your express consent.

However, such decisions may not be made with respect to special categories of personal data within the meaning of art. 9 para. 1 GDPR, unless art. 9 para. 2 let. a) or g) GDPR applies and appropriate safeguards have been implemented to protect your rights, freedoms, and legitimate interests.

In the first and the last cases above the controller must implement appropriate safeguards to protect your rights, freedoms, and legitimate interests, which must include, at a minimum, a right to have a person acting on behalf of the controller take action, a right to present your own point of view, and a right to contest the decision.

j)     Right to lodge complaint with supervisory authority

Without prejudice to any other available administrative or judicial remedies, you have a right to lodge a complaint with a supervisory authority, in particular a supervisory authority located in the member state of your habitual residence, at your workplace, or at the place of the purported infringement, if in your opinion the processing of your personal data violates the GDPR.

The supervisory authority where the complaint is lodged will then notify the complainant of the progress and outcome of the complaint, including judicial remedies available under art. 78 GDPR.