Privacy Policy

Octo Games guarantees protection and preservation of personal data provided by users during registration and continued use of the Website. Personal data is collected for the purpose of ensuring security, conducting communications, as well as managing the account.
Your personal data is processed only within the scope of the legal provisions of the European Union's data protection law, in particular the General Data Protection Regulation (hereafter "GDPR").
If you refuse or withdraw your consent, or if you choose not to provide us with any personal information, we may not be able to provide you with the Services that can be offered on our Website. Consent can be withdrawn at any time by sending a request to support@octo.games or deleting your account. Please note that we may also rely on legitimate interests or fulfillment of a contract to continue processing your personal information.

1. DEFINITIONS AND INTERPRETATIONS

In this Privacy Policy the following terms shall have the following meanings:
Cookie: means a small text file placed on Your computer or device by Our Websites when You visit certain parts of Websites.
GDPR: means the General Data Protection Regulation (EU) 2016/679, of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data, and repealing Directive 95/46/EC, as amended, replaced or superseded and in force from time to time and as transposed into member-state legislation.
Privacy Policy: means this Privacy Policy updated from time to time and made public on Our Websites.
Personal Data: means any information which relates to an identified or identifiable natural person. An identifiable person is one who can be identified directly or indirectly in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
We, us, our: refers to Octo Games.
Website: means the website, which is owned by us.
Services: mean all Our products; Website or other.
You, Your: You, as User or Guest, depending on your status at the Website.

2. Type, scope, purposes of, and legal basis for automated data processing

In general, it is possible to use our website without registering. Even if you use our website without registering, personal data can still be processed.

2.1 Provision of our website

When you access our website using your device, we automatically process the following data:
date and time of access
duration of your visit
type of device
operating system used
the functions that you use
quantity of data sent
type of event
IP address
referrer URL
domain name
We process this data on the basis of Article 6 (1) (f) GDPR to provide the service, to ensure the technical operation, and to identify and rectify faults. In this way, we pursue the interest of facilitating and ensuring the long-term use of our website and its technical functional capability. When our website is selected, this data is automatically processed. You cannot use our services unless this data is provided. We do not use this data for the purpose of drawing conclusions about you or your identity.
We generally delete this data, unless, in exceptional cases, we need it for longer for the above-mentioned purposes. In such cases, we delete the data immediately after these purposes cease to apply.

2.2 Cookies

When you visit our website, cookies, may be stored on your device in order to provide you with a comprehensive scope of functions, make it easier to use our service, and optimize our offerings. If you do not wish to allow the use of cookies, you can prevent them from being stored on your device by configuring the relevant settings in your Internet browser or using the specific opt-out options. Please note that the functional capability and functional scope of our offering could be restricted as a result. Please refer to our Cookie Policy for details on the type, scope, purposes of, legal basis for, and opt-out options for data processing in relation to cookies.

3. Individual services and functionalities

You can voluntarily enter personal data or register for services and functions at several locations on our website, e.g., through registering a user, newsletter registrations, requests for information, contact requests, etc. When you register for and use the services and functions described below, we record, process, and use personal data as outlined here.

3.1 Registration process

Registration with an individual profile is required to use Support tickets, browsing some parts of our website, and other services.
When registering the following mandatory information is requested:
Username, E-mail address, and Password.
It is not possible to register unless this mandatory data is specified.
We process the data collected on the basis of Article 6 (1) (b) and (f) GDPR in order to create your profile for you to identify you each time you log in, and use our services.
We delete the data as soon as the purpose of processing no longer applies, provided no other legal retention requirements exist.

3.2 Support tickets

When you use Support tickets any personal data you enter that is not required for the purpose of the Support ticket will be deleted as soon as the purpose of processing no longer applies, provided no other legal retention requirements exist.

3.3 Transactions

We may share your private personal data with our partners to make a transaction.
All transactions are carried out using third-party services.
We delete the data as soon as the purpose of processing no longer applies, provided no other legal retention requirements exist.

4. Recipients of personal data

Internal recipients: Within Octo Games the only people who have access are those who need it for the purposes named in Sections 2 and 3.
External recipients: We only forward your personal data to external recipients outside Octo Games if this is necessary for the administering or processing of your issue, if another legal authorization exists, or if we have your consent to forward the data.
External recipients can be:
a) Processors
External service providers that we use to provide services, for example in the areas of technical infrastructure and maintenance for the Octo Games offering or the provision of content. The service providers may use the data only for the purposes we have specified and in accordance with our instructions.
b) Public bodies
Authorities and public institutions, such as public prosecutors, courts, or financial authorities to which we must transfer personal data for legal reasons. The data is transferred on the basis of Article 6 (1) (c) GDPR.
c) Private bodies
Dealers, cooperation partners, or support staff to whom the data is transferred on the basis of consent, to implement a contract with you, to safeguard legitimate interests, or handling transactions. The data is transferred on the basis of Article 6 (1) (a), (b) and/or (f) GDPR.

5. International transfers of personal data

If data is transferred to bodies whose headquarters or whose place of data processing is not located in a member state of the European Union or in another country outside of the European Union who is a signatory to the treaty, we ensure before forwarding the data that, outside of legally permitted exceptional cases pertaining to the recipient, either an appropriate level of data protection exists (e.g., through an adequacy decision of the European Commission, through suitable guarantees such as self-certification by the recipient for the EU-US Privacy Shield, or the agreement of EU standard contractual clauses between the European Union and the recipient) or you give sufficient consent for the transfer of the data.
We can provide you with an overview of the recipients in third countries and a copy of the specifically agreed regulations to ensure the appropriate level of data protection. To obtain these, please contact the address specified in Section 1.

6. Duration of storage

For information on the duration of storage of personal data, please refer to the relevant section on data processing relating to certain services and functions above in Section 2 and Section 3. In addition, as a general rule, we store your personal data only for the length of time necessary to fulfill the purposes, or – in the case of consent – until you withdraw your consent. If you object, we delete your personal data unless its further processing is permitted according to the relevant legal provisions. We also delete your personal data if we are obliged to do so for legal reasons.

7. Rights of data subjects

As the data subject affected by the data processing, you have several rights. Specifically,
Right of access: You have the right to obtain information from us about the data that we have stored about you.
Right of rectification and erasure: You have the right to demand that we rectify incorrect data and – provided the legal requirements are met – that we delete your data.
Restriction of processing: You have the right – provided the legal requirements are met – to demand that we restrict the processing of your data.
Data portability: If you have provided us with data on the basis of a contract or consent, you have the right, in accordance with the legal requirements, to obtain the data you have provided in a structured, standard, and machine-readable format or you can demand that we transfer this data to another controller.
Objection to the processing of data on the legal basis of "legitimate interests": You have the right to object at any time, on grounds relating to your particular situation, to our processing of your data, provided this objection is based on the legal basis of "legitimate interests". If you exercise your right to object, we will cease the processing of your data unless we can – pursuant to the legal requirements – prove compelling legitimate reasons for the further processing, which override your rights.
Objection to cookies: You can also object to the use of cookies at any time. For details on how to object, please refer to our Cookie Policy.
Withdrawal of consent: If you have given us consent to process your data, you can withdraw this consent at any time with effect for the future. The lawfulness of the processing of your data remains unaffected up until the time of the withdrawal of consent.
Right to lodge a complaint with a supervisory authority: You can also submit a complaint to the competent supervisory authority if you believe that the processing of your data is in breach of the legislation. To do so, you can apply to the data protection authority that is responsible for your town /city or country or the data protection authority that is responsible for us.
Contacting us: Please do not hesitate to contact us if you have any questions regarding the processing of your personal data, your rights as a data subject, and any consent that you may have given. To exercise all of these above-mentioned rights, please contact us by e-mail at the address specified above in Section 1. In doing so, please ensure that it is possible for us to uniquely define you.

8. Links to third-party offerings

Websites and services delivered by other providers that are linked to by our website have been and are structured and provided by third parties. We do not have any influence over the structure, content, or role of these third-party services. We explicitly distance ourselves from all content in all linked third-party offerings. Please note that the third-party offerings linked to from our website may install their own cookies on your device or collect personal data. We have no influence over this. Please contact the providers of these linked third-party offerings as required for the relevant information.

9. hCaptcha

We use the hCaptcha anti-bot service (hereinafter "hCaptcha") on our website. This service is provided by Intuition Machines, Inc., a Delaware US Corporation ("IMI"). hCaptcha is used to check whether the data entered on our website (such as on a login page or contact form) has been entered by a human or by an automated program. To do this, hCaptcha analyzes the behavior of the website or mobile app visitor based on various characteristics. This analysis starts automatically as soon as the website or mobile app visitor enters a part of the website or app with hCaptcha enabled. For the analysis, hCaptcha evaluates various information (e.g. IP address, how long the visitor has been on the website or app, or mouse movements made by the user). The data collected during the analysis will be forwarded to IMI. hCaptcha analysis in the "invisible mode" may take place completely in the background. Website or app visitors are not advised that such an analysis is taking place if the user is not shown a challenge. Data processing is based on Art.6(1)(f) of the GDPR (DSGVO): the website or mobile app operator has a legitimate interest in protecting its site from abusive automated crawling and spam. IMI acts as a "data processor" acting on behalf of its customers as defined under the GDPR, and a "service provider" for the purposes of the California Consumer Privacy Act (CCPA). For more information about hCaptcha and IMI's privacy policy and terms of use, please visit the following links: https://hcaptcha.com/privacy/ and https://hcaptcha.com/terms.

10. Status

The latest version of this privacy policy applies. Status [22/10/2021].