Data Privacy Policy

The Data Controller and Owner responsible for operating this website and the game application KapiTaler (hereinafter also referred to as "service") in the sense of the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection provisions is the:

KAPITALER GmbH

Stockholmer Platz 1
70173 Stuttgart
Germany

Email: admin@kaitaler.com
Internet: www.kapitaler.com
Seat of the company: Ludwigsburg


General information about data processing

1. Scope of processing of personal data

The use of our service is possible without an indication of personal data.
In principle, we process personal data of our users only insofar as this is necessary for the provision of our service, functioning website, its content and services. The processing of personal data of our users takes place regularly only with the consent of the user. An exception applies to cases in which prior consent cannot be obtained for reasons of fact and the processing of the data is permitted by law.

2. Legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for processing of personal data, Art. 6 para. 1 lit. a EU General Data Protection Regulation (GDPR) as legal basis.
In the processing of personal data necessary for the performance of a contract to which the data subject is a party, Art. 6 para. 1 lit. b GDPR as legal basis. This also applies to processing operations required to carry out pre-contractual actions.
Insofar as processing of personal data is required to fulfill a legal obligation that is subject to our company, Art. 6 para. 1 lit. c GDPR as legal basis.
In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR as legal basis.
If processing is necessary to safeguard the legitimate interests of our company or a third party, and if the interests, fundamental rights and freedoms of the data subject do not prevail over the first interest, Art. 6 para. 1 lit. f GDPR as legal basis for processing.

3. Data deletion and storage duration

The personal data will be deleted as soon as it is no longer necessary for the purpose of its collection. In addition, such storage may be provided for by the European or national legislator in EU regulations, laws or other regulations to which the controller is subject. Blocking or deletion of the data also takes place when a storage period prescribed by the standards mentioned expires, unless there is a need for further storage of the data for conclusion of a contract or fulfillment of the contract.


Server data and creation of log files

1. Description and scope of data processing

Each time our service is called, our system automatically collects data and information from the computer system of the calling computer.
The following data is collected here:
- Information about the browser type and version used
- The operating system of the user
- Date and time of access
- Website from which the user's system accesses our service
- Web page accessed by the user's system through our server
- The IP address of the user. The software is set so that the IP addresses are not completely stored, 2 bytes of the IP address are masked (e.g. 192.168.xxx.xxx). In this way, an assignment of the shortened IP address to the calling computer is no longer possible.
The data is stored in the log files of our system without any data that allows the data to be assigned to a user. A storage of this data together with other personal data of the user does not take place.

2. Legal basis for data processing

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

3. Purpose of the data processing

Storage in log files is done to ensure the functionality of our service. In addition, the data is used to optimize the service and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context. A merge of this data with other data sources will not be done. We reserve the right to retrospectively review these server logs, to enable the storage of full IP addresses in server logs for a limited period of time, if we become aware of any concrete indications of unlawful use, and in the event of improper interference by users in the service or in the case of other legal violations by the users in order to provide the necessary evidence of abuse. After the end of the prosecution and abuse investigation procedures, the stored server logs will be completely deleted.

4. Duration of storage

The data will be deleted as soon as it is no longer necessary for the purpose of its collection.

5. Contradiction and removal possibility

The collection of the data for the provision of the service and the storage of the data in log files is essential for the operation of the service. There is consequently no contradiction on the part of the user.


Use of cookies

1. Description and scope of data processing

Our service uses cookies. Cookies are text files that are stored in the Internet browser or the Internet browser on the user's computer system. If a user calls up a website, a cookie can be stored on the user's operating system. This cookie contains a characteristic string that allows the browser to be uniquely identified when the website is reopened.
We use cookies to make our website more user-friendly. Some elements of our service require that the calling browser be identified even after a page break.
The following data is stored and transmitted in the cookies:
- lang, session_lang: language settings
- io, kapitaler_c_sid, kapitaler_c_u: Session informationen
These are mostly so-called "session cookies" to automatically recognize you. This recognition is based on the session id stored in the cookies and serves to optimize our service and to give you easier access to our service. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of our service.

2. Legal basis for data processing

The legal basis for the processing of personal data using cookies is Article 6 - lit. f GDPR.

3. Purpose of the data processing

The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our service cannot be offered without the use of cookies. For these, it is necessary that the browser is recognized even after a page break. The user data collected through technically necessary cookies will not be used to create user profiles.
For these purposes, our legitimate interest in the processing of personal data pursuant to Art. 6 para. 1 lit. f GDPR.

4. Duration of storage, objection and disposal options

Cookies are stored on the computer of the user and transmitted by this to our server. Therefore, as a user, you have full control over the use of cookies. By changing the settings in your internet browser, you can disable or restrict the transmission of cookies. Already saved cookies can be deleted at any time. This can also be done automatically. If cookies are disabled for our service, it may not be possible to fully use all features of the service. The transmission of Flash cookies cannot be prevented by the settings of the browser, but by changing the settings of the Flash Player.


Registration

1. Description and scope of data processing

On our service, we offer users the opportunity to register. The data is entered into an input mask and transmitted to us and stored. A transfer of data to third parties does not take place. The following data is collected during the registration process:
- Player name (Nickname or fantasy name)
- Email address (optional input)
As part of the registration process, the consent of the user to process this data is obtained.
After the registration process, the user has to classify his age by selecting / deselecting the option "16+". The chat function of the service will only be activated for users over 16 years of age. Younger users are excluded from the chat, they can not write and read chat posts. This protects the privacy of younger users when using the Service. The classification of the users age will not be published, the transfer of the data to third parties will not take place.
When registering, we do not ask for your full name, address, telephone number or bank details.
The specification of personal data such as e-mail is optional and not required during registration.

2. Legal basis for data processing

Legal basis for the processing of the data is in the presence of the consent of the user Art. 6 para. 1 lit. a GDPR.

3. Purpose of the data processing

User registration is required for the provision of certain content and services to our service:
- Chat
- Multiplayer Games
- Player profile with player statistics and achievements
- Function of the ingame currency
- Participation in tournament games
For our service in its simple version (game against computer) no registration is required.
We recommend that you enter your e-mail address during registration in order to be able to reset the user password later. Your email address cannot be viewed by other users. Advertising messages will not be sent to the specified e-mail address.

4. Duration of storage

The data will be deleted as soon as it is no longer necessary for the purpose of its collection. This is the case for the data collected during the registration process if the registration on our service is cancelled or modified.
If a user account is inactive for a period of 2 months, the user profile with all personal data will be completely deleted. Restoring the deleted profile is not possible.
In the event of misuse of the users in our service, Internet offer or other legal violations and violations of the terms of use, access to the user account may be blocked. In this case we reserve the right not to delete the login data (player name, Facebook Id) even after expiry of this inactivity deadline or cancelling the registration, we reserve the right to save the IP address of the blocked user in order to obtain the access lock permanently.

5. Contradiction and removal possibility

As a user, you have the option of cancelling the registration at any time. You can change the personal data at any time.


Facebook Connect

1. Description and scope of data processing

We offer you the opportunity to sign up for our service with Facebook Connect or directly through Facebook Games or Facebook Gameroom to start our service. An additional registration is not required. To login, you will be redirected to the Facebook page, where you can log in with your usage data. This links their Facebook profile and our service. By linking, we automatically receive the following information from Facebook Inc.:
- Facebook user ID
- language
- time zone
Our service may also ask some Facebook permissions allowing it to perform actions with the User's Facebook account. For more information about the following permissions, refer to the Facebook permissions documentation and to the Facebook privacy policy https://www.facebook.com/about/privacy

2. Legal basis for data processing

Legal basis for the processing of the data is in the presence of the consent of the user Art. 6 para. 1 lit. a GDPR.

3. Purpose of the data processing

- Facebook user id: this is mandatory for user identification to connect users to their player profile
- Language: choice of language fro our service
- Time zone: showing local time for start and end of tournaments and daily bonus

4. Duration of storage

The data will be deleted as soon as it is no longer necessary for the purpose of its collection. This is the case for the data collected during the registration process if the registration on our service is cancelled or modified.
If a user account is inactive for a period of 2 months, the user profile with all personal data will be completely deleted. Restoring the deleted profile is not possible.
In the event of misuse of the users in our service, Internet offer or other legal violations and violations of the terms of use, access to the user account may be blocked. In this case we reserve the right not to delete the login data (player name, Facebook Id) even after expiry of this inactivity deadline or cancelling the registration, we reserve the right to save the IP address of the blocked user in order to obtain the access lock permanently.

5. Contradiction and removal possibility

As a user, you have the option of cancelling the registration in our service at any time. You can change the personal data saved in our service at any time.
For more information on Facebook Connect and privacy settings, please refer to the privacy policy and the terms of use of Facebook Inc.


Data in the user profile

1. Description and scope of data processing

On our service we offer the possibility to voluntarily supplement the user profile with further data:
- Time zone and summer time selection
- Avatar (profile picture)
- country
Player name, avatar is published for other users in the profile. The country is only displayed when participating in the World Cup tournament.
In addition, the following data is published in the player profile:
- Registration date
- Number of games played
- number of victories
- Overall Rating
- Week Rating
- Skill
- Experience
- Tournament medals
- Number of Likes other users
- Clan
- Gifts from other users
- VIP game token
The player profile stores the state of the game account (game currency) and purchased VIP cards. These data will not be published, other users will not be able to view this data.

2. Legal basis for data processing

Legal basis for the processing of the data is in the presence of the consent of the user Art. 6 para. 1 lit. a GDPR.

3. Purpose of the data processing

- Time Zone and Summer Time: is required to calculate the user's local time for start and end of tournaments and daily bonus
- Avatar (profile picture): is required to make our service entertaining to users
- Country: the entry is required for participation in the tournament World Cup
- Registration Date, Player Statistics, Achievements, Experience, Likes, Clan, VIP token and Gifts are required to make our service enjoyable for users.
- Game currency and VIP cards are required for additional features and services of the service that make the game more entertaining.

4. Duration of storage

The data will be deleted as soon as it is no longer necessary for the purpose of its collection. This is the case for the data collected during the registration process if the registration on our service is cancelled or modified.

5. Contradiction and removal possibility

As a user, you have the option of cancelling the registration at any time. The data stored about you can be changed at any time in player profile settings. Player statistics cannot be changed, you can only delete them together with profile.


Contact

1. Description and scope of data processing

We offer you the opportunity to contact us by e-mail and / or via a contact form. In this case, the information provided by the user will be stored for the purpose of processing his contact. In this context, there is no disclosure of the data to third parties. The data is used exclusively for processing the conversation. A comparison of the data collected with data, which may be collected by other components of our service, also does not occur.

2. Legal basis for data processing

Legal basis for the processing of the data is in the presence of the consent of the user Art. 6 para. 1 lit. a GDPR.
The legal basis for the processing of the data transmitted in the course of sending an e-mail is Article 6 - lit. f GDPR.

3. Purpose of the data processing

The processing of the personal data from the input mask serves us only to process the contact. In the case of contact via e-mail, this also includes the required legitimate interest in the processing of the data. The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.

4. Duration of storage

The data will be deleted as soon as it is no longer necessary for the purpose of its collection. For the personal data from the input form of the contact form and those sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is ended when it can be inferred from the circumstances that the relevant facts have been finally clarified.
The additional personal data collected during the sending process will be deleted at the latest after a period of seven days.

5. Contradiction and removal possibility

The user has the possibility at any time to revoke his consent to the processing of the personal data. If the user contacts us by e-mail, he may object to the storage of his personal data at any time. In such a case, the conversation cannot continue.
If you wish to withdraw your consent and / or object to its storage, please email us at admin@kapitaler.com
All personal data stored in the course of contacting will be deleted in this case.


Chat

1. Description and scope of data processing

We offer you the opportunity to chat with other users of the service. All messages in chat rooms are recorded.

2. Legal basis for data processing

Legal basis for the processing of the data is in the presence of the consent of the user Art. 6 para. 1 lit. a GDPR.

3. Purpose of the data processing

These chat logs are used for purposes of troubleshooting, optimizing software, identifying and tracking improper access attempts, and maintaining terms of service. Under no circumstances will this data be used to create personality profile.
This storage takes place for our security in the event that the author intervenes in this by his message in the chat in rights of third parties and / or illegal content is sold. Thus, there is a self-interest on our part of the stored data of the author, especially since we may be prosecuted for such violations. A passing on to third does not take place. A comparison of the data collected with data, which may be collected by other components of our service, also does not occur.

4. Duration of storage

The data in chat logs will be deleted as soon as it is no longer necessary for the purpose of its collection.
The data collected in chat logs will be deleted at the latest after a period of seven days.

5. Contradiction and removal possibility

The user has the possibility at any time to revoke his consent to the processing of the personal data. In such a case, the conversation cannot be continued in the chat.
If you wish to withdraw your consent and / or object to its storage, please email us at admin@kapitaler.com
All your personal data stored in chat logs will be deleted in this case.


Game protocols

1. Description and scope of data processing

The game process is recorded in game logs. The following data is collected here:
- Player name and game type
- The game procedures and deals
- Date and time of access to the game

2. Legal basis for data processing

Legal basis for the processing of the data is in the presence of the consent of the user Art. 6 para. 1 lit. a GDPR.

3. Purpose of the data processing

These logs are used for purposes of troubleshooting, optimizing software, identifying and tracking inadmissible attempts to access, suspecting abuse. prevent the security of our information technology systems and to maintain the conditions of use. Under no circumstances will this data be used to create personality profile.
A passing on to third does not take place. A comparison of the data collected with data, which may be collected by other components of our service, also does not occur.

4. Duration of storage

The data will be deleted as soon as it is no longer necessary for the purpose of its collection.

5. Contradiction and removal possibility

The user has the possibility at any time to revoke his consent to the processing of the personal data. In such a case, our service can only be used to a limited extent.
If you wish to withdraw your consent and / or object to its storage, please email us at admin@kapitaler.com
Any personal information that has been saved will be deleted in this case.


Use of Facebook components

1. Description and scope of data processing

Our service employs components provided by facebook.com. Facebook is a service of Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA.
Each time our service receives an access request equipped with a Facebook component, the component prompts your browser to download an image of this Facebook component. Through this process, Facebook is informed precisely which page of our website is being visited.
When you access our service while logged into Facebook, Facebook uses information gathered by this component to identify the precise page you are viewing and associates this information to your personal account on Facebook. Whenever you click on the “Like“ button, for example, or enter a comment, this information is transmitted to your personal account on Facebook and stored there. In addition, Facebook is informed of your visit to our website. This occurs regardless of whether you click on a component or not.

2. Legal basis for data processing

Legal basis for the processing of the data is in the presence of the consent of the user Art. 6 para. 1 lit. a GDPR.

3. Purpose of the data processing

You can find an overview of Facebook plugins at https://developers.facebook.com/docs/plugins/
The data protection policies of Facebook provide additional information, in particular about the collection and use of data by Facebook, your rights in this regard as well as the options available to you for protecting your privacy: https://www.facebook.com/about/privacy/

4. Duration of storage

See Facebook Privacy Policy

5. Contradiction and removal possibility

See Facebook Privacy Policy
If you wish to prevent the transfer to and storage of data by Facebook about you and your interaction with our website, you must first log out of Facebook before visiting our website.


Use of PayPal as payment method

1. Description and scope of data processing

If, while completing your order, you decide to use PayPal as an online payment service, your contact details will be sent to PayPal during the order process. PayPal is a service from PayPal (Europe) S.à.rl & Cie. SCA, 22-24 Boulevard Royal, L-2449 Luxembourg. PayPal assumes the function of an online payment service and trustee, and offers buyer protection services.
The personal data transmitted to PayPal usually includes your first name, last name, address, telephone number, IP address, e-mail address, or other data required to process your order, such as the quantity of articles ordered, the article number, invoice amount, percentage taxes and invoice details, etc.

2. Legal basis for data processing

The transfer of your data to PayPal is based on Art. 6 para. 1 lit. a EU-GDPR (consent) and Art. 6 para. 1 lit. b EU-GDPR (processing to fulfill a contract).

3. Purpose of the data processing

This information needs to be transferred to process your order using your chosen payment method, mainly in order to confirm your identity and manage your payment and the customer relationship.
Please note the following however: PayPal may also pass on your personal data to subcontractors or other affiliates, to the extent necessary for fulfilling the contractual obligations arising from your order or for processing personal data in your order.
Depending on the payment type you pre-select in your PayPal account, which may include payment by invoice or direct debit, PayPal will transfer the personal data transferred to PayPal to credit agencies. The information transferred serves to identify you and to verify your creditworthiness with regard to the order you have placed. Please refer to the PayPal Privacy Policy for more information on the credit agencies PayPal transfers data to and which data is collected, processed, stored and passed on by PayPal: https://www.paypal.com/webapps/mpp/ua/privacy-full

4. Duration of storage

See PayPal Privacy Policy

5. Contradiction and removal possibility

See PayPal Privacy Policy


Use of HandyPay as payment method

1. Description and scope of data processing

For the processing of the technical part of mobile payment we use the services of Micropayment GmbH, Scharnweberstraße 69, 12587 Berlin. When paying with this payment method, the privacy policy and conditions of the company Micropayment GmbH apply, which you can view as part of the payment process.

2. Legal basis for data processing

The transfer of your data to Micropayment GmbH is based on Art. 6 para. 1 lit. a EU-GDPR (consent) and Art. 6 para. 1 lit. b EU-GDPR (processing to fulfill a contract).

3. Purpose of the data processing

This information needs to be transferred to process your order using your chosen payment method, mainly in order to confirm your identity and manage your payment and the customer relationship.

4. Duration of storage

See micropayment GmbH Privacy Policy

5. Contradiction and removal possibility

You have the option to revoke your consent to data processing at any time. Revocation does not affect the effectiveness of historical data processing operations.
You also have the right to obtain free information about your processed personal data, their origin and recipient and the purpose of the data processing as well as a right to correct, block or delete this personal data. Please set up your privacy concerns for payment with micropayment to: privacy@micropayment.de.
See micropayment GmbH Privacy Policy


The rights of Users

If personal data is processed by you, you are the person concerned within the meaning of the GDPR and you have the following rights towards the responsible person:
- Right to information
- Right to rectification
- Right to restriction of processing
- Right to cancellation
- Right to information
- Right to Data Portability
- Right of objection
- Right to complain to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you shall have the right to complain to a supervisory authority, in particular in the Member State of its residence, place of work or place of alleged infringement, if you believe that the processing of the personal data concerning you is against the GDPR violates. The supervisory authority to which the complaint has been submitted shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy pursuant to Article 78 of the GDPR.
On the basis of the Federal Data Protection Act, you may contact us at no cost admin@kapitaler.com if you have questions relating to the collection, processing or use of your personal information, if you wish to request the correction, blocking or deletion of the same, or if you wish to cancel explicitly granted consent. Please note that you have the right to have incorrect data corrected or to have personal data deleted, where such claim is not barred by any legal obligation to retain this data.

Warranty and Limitation of Liability

We reserve the right to change the contents of this Privacy Policy at any time without notice.
If you have any difficulties in using our service, we may agree to assist in resolving your query, although we are not obliged to provide such assistance. We shall take all reasonable measures to answer your requests within 10 days of receiving such a request if not sooner – although we shall not be liable to you if we fail to respond to any request within this time.

DISCLAIMER: The English version is a translation of the original in German for information purposes only. In case of a discrepancy, the German original will prevail: the German original Privacy Policy

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