Data protection declaration of Infernum Productions AG
Version: 1.0 of 20.12.2011
Infernum Productions AG, Alt-Moabit 91B, 10559 Berlin, Germany, (hereinafter “Infernum”) respects your right to privacy. Infernum always makes an effort to offer you an excellent service for all products and services. In addition, Infernum would also like to inform its Users about the handling of personal data through this data protection declaration.
It goes without saying that Infernum shall treat all personal data, which a user sends over the course of the business relationship, strictly confidential by complying with the applicable data protection provisions. The details can be seen from this data protection declaration.
- Data categories and collection of data
- Use of data
- Data integrity and security
- Rights of the Users
- Inclusion, validity and actuality of the data protection declaration
- Change to the data protection declaration
This data protection declaration shall apply to all websites and games operated by Infernum and is oriented to the users of this offer (“Users”).
Insofar as other websites of Infernum have a deviating data protection declaration this shall apply. Websites of third parties are also excluded from the scope to which the offer possibly refers by so-called links or which are connected with the offer of Infernum by Connect Services (“connected websites”). Infernum does not assume any responsibility for their contents or the compliance with the data protection. For this reason the Users should read the data protection declarations of linked websites and offers carefully.
Infernum makes every effort to constantly optimise its products and services. For this purpose Infernum would like to understand the interests and wishes of its Users better. For this purpose Infernum collects personal data of its Users.
2.1 Personal data
Personal data are individual details about personal or factual circumstances of a certain or definable natural person. These include e.g. name, postal address, telephone number, etc.
Information which the User mentions towards other users about the offer of Infernum can also represent personal data.
2.2 Special types of personal data
Infernum does not collect any data which gives details of the racial and ethnic origin, political opinions, religious or philosophical convictions, affiliation to a union, health or sexual life unless the User discloses these voluntarily himself in his communication with Infernum.
2.3 Stock data
Infernum collects personal data insofar as they are necessary for the substantiation, contextual design or change to the contractual relationship between Infernum and the respective user concerning the use of the offer of Infernum (so-called stock data).
The according necessary data shall be collected for the processing of payments. Such data (insofar as necessary or applicable: Direct debit procedure: Account holder, account number, bank/payment by credit card: Card holder, card company, card number, expiry date) will be collected either by Infernum or directly by the involved payment service provider.
2.4 Use data
Infernum shall collect and use data of a User insofar as this is necessary in order to enable the use and if applicable settlement of the offer (use data). Use data are in particular features for the identification of the User, details about the start and end, the scope of the respective use and details about the products and services used by the User as well as technical data of the used device (e.g. type or identification numbers).
Infernum shall only collect and process personal data of Users insofar as Infernum assumes that this reasonably serves the lawful business purpose and the personal data were notified voluntarily by the User (e.g. in forms or otherwise on the offer operated by Infernum in electronic or other communication or through the registration with the offer via social networks). Decisive hereby for Infernum is the aim of the product and service optimisation in the interest of the Users.
3.1 Data transmission and recording for internal system and statistical purposes
In addition to the user inputs information (use data) are possibly also automatically recorded by the system of Infernum during the visit to the offer of Infernum. These among others include data such as the browser type, the browser language, the geographical origin of the User, the date as well as the time of the visit, the access time or the address of the visited sites, possibly the IP address of the User and the domains from which the User accesses the offer of Infernum as well as technical data of the used device.
IP addresses serve the purpose of the clear identification of the computers which are connected with the Internet. The location of the computer can also be derived from this. The IP address is transmitted with each server enquiry so that the server knows where the answer has to be sent to. The IP address is allocated to each user of an Internet-Service-Provider (ISP) as soon as he connects with the Internet. The ISP can understand which IP address at which time was allocated to which of its customers. As long as the IP address is stored there is the theoretical possibility to determine the identity of the connection holder via the detour of the ISP. Infernum stores the IP address of the User which he enters with his registration, when logging in, when placing an order as well as in the event of the deactivation of the user account. Infernum uses it to recognise the session and for the defence again attacks.
3.2 Analysis of offers
The offer of Infernum uses among others Google Analytics, a web analysis service of Google Inc. (“Google”). Google Analytics uses so-called “Cookies”, text files, which are stored on your computer and which enable an analysis of the use of the offer by the User. The information about the use of the offer by the User generated by the cookie (including his IP address) is transmitted to a server of Google in the USA and stored there. Google shall use this information in order to evaluate the use of the offer of Infernum, in order to compile reports about the activities of Users on the offer for Infernum as operator and in order to provide further services associated with the use and the Internet use. Google shall also if applicable transmit this information to third parties insofar as this is stipulated by law or insofar as third parties process these data by order of Google. Google will in no way connect the IP address of a User with other data of Google. Users can prevent the installation of the cookies by a corresponding setting of the browser software; Infernum however points out to the Users that in this case Users can if applicable not use all functions of the offer of Infernum in full. By using the offer of Infernum Users declare that they agree with the processing of the data collected about them by Google in the manner described above and for the afore-mentioned purpose. The Users can object to the collection and use of their IP address by Google Analytics (more detailed information in this respect under: http://tools.google.com/dlpage/gaoptout?hl=de. Infernum points out to its Users on the offer of Infernum Google Analytics was extended by the code offered by Google “gat._anonymizeIp();” in order to guarantee an anonymisation of the collected IP addresses.”
3.3 Shopping analysis
Infernum will possibly record, store and evaluate which actions Users carry out within the offer of Infernum. This in particular comprises the contents of the placed order, the time of order or the chosen payment type (e.g. payment by credit card). For this purpose Infernum also uses special programmes.
Statistical data shall only be compared with the personal data of Users if this is necessary for preventing or detecting infringements of rights and unlawful conduct. Should Infernum determine that a User breaches its contractual duties Infernum explicitly reserves the right to merge the IP address or other technical attributes of the User with other data which are available at Infernum about this User in order to be able to inform the User of his breach. The information shall incidentally be exclusively be evaluated anonymously and then deleted again at regular intervals. The statistics help Infernum to improve the service of the offers of Infernum and the products and services of Infernum.
Infernum uses "Cookies".
3.4.1 Session Cookies
If registered or non-registered Users access the offer of Infernum via one of the websites of the offer of Infernum the webserver of Infernum automatically sends a session cookie to the browser of the User which facilitates it the navigation on the offer of Infernum. These session cookies contain a reference value as information with which the software of Infernum can determine which site should be displayed if the User clicks on the button “back” in his browser. When the offer of Infernum is called by a registered User a cookie is set for the connection in order to state that the User was authenticated. In addition, the user ID, which is allocated to each User by Infernum, the Shop-ID and the actual contents of the shopping basket (Order ID) are allocated to a certain User. Further the actual language and country setting is stored. The session cookie is deleted as soon as the User logs out. If the User goes to the offer via a business partner the webserver of Infernum also sends a session cookie to the browser of the User that contains an origin code for this business partner. Infernum uses these data for statistics and marketing purposes.
3.4.2 Other cookies
If the User registers at Infernum or completes a form he can select via his browser settings whether the offer should send a cookie to his local hard drive (insofar as his browser is not set to the extent that he automatically always allows such cookies). The User can however deactivate it at all times via his browser settings. Should the User not accept this type of cookie he can nevertheless use the offer of Infernum. If he accepts this type of cookie it saves him time as the completion of forms and/or renewed visits to the offer cease to apply. Even if the User has accepted this type of cookie he can set in his browser at all times that he should receive a notification if a cookie is sent to him. Thus, the User always has the possibility to decide whether he would like to accept or refuse the cookie.
3.5 Contractual relationship
Infernum uses personal data of Users insofar as this is necessary to establish, execute or terminate a legally binding debt relationship or a debt relationship which is similar to a legal transaction with the respective Users. This is among others the case if Users would like to use the products and services of Infernum through the offer of Infernum.
Within the framework of the use of the offer of Infernum both the simple transmission of certain personal data by the User (e.g. in certain forms) as well as the registration of a User for the use of the offer of Infernum and/or of the products and services of Infernum in electronic or other communication may be necessary.
Infernum makes it possible for its users to register with Infernum among others via the Facebook Connect Service, the Google ID procedure or the Open ID procedure used by Yahoo. The basic details from the Facebook or Google profile of the User are transmitted to Infernum hereby at the request of the User of Facebook or Google so that these can be used for keeping the user account. These include among others the name, the profile photo and the profile information of the User as well as the names and the profile photos of the friends of the User.
In case of certain products and services through the offer of Infernum it may be necessary for Infernum to compare some data of the registration of the User with databases of third parties or another source of information of third parties. The identity of the User and other attributes can be checked hereby and it thus ensured that the identity of the User is not used improperly.
Insofar as it is necessary for carrying out the contractual relationship between Infernum and the respective users Infernum shall use personal data of Users e.g. for the transmission or provision of products or services within the framework of the concluded use contract and for the possibilities for use associated with the use contract (e.g. support, etc.).
In addition, corresponding data are also used in order to draw attention to interferences to functions or an abuse of the offer operated by Infernum.
Infernum is entitled to forward user data to service providers commissioned with collecting the fee for the payment processing insofar as this is necessary for determining the fee and for the settlement with the User.
Infernum is further entitled to make user data available to third parties to whom receivables of Infernum against users of Infernum have been assigned insofar as this is necessary for collecting the receivable. Infernum shall inform the User about the names of the third parties.
In case Infernum cooperates with third parties for the provision of the services Infernum shall oblige these to comply with the applicable data protection provisions and to guarantee sufficient data protection.
Should the operation of the whole offer or a part of the offer or a product or a service of Infernum, for which the user(s) have registered be assigned to a third party in full or in part (e.g. individual language versions) Infernum is entitled to hand the personal data of the Users over to this for the further operation of the offer or the product or the service.
3.5.3 Integration of functions of social networks
Infernum uses functions of social networks, among others so-called Plug-Ins of the social network facebook.com, which is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304 USA (“Facebook”). If users call websites of the online offer of Infernum which are fitted with such a function a connection can be established to the servers of the social network and hereby the function be presented on the website by a notification to the browser of the respective User. It can be transmitted to the server of the respective social network hereby which of the websites were visited by the User. If the User is logged in as member of the corresponding social network this can possibly allocate the information to the personal user account of the User with this social network. When using the functions (e.g. clicking of a Facebook I like button, submission of a comment) this information can be allocated to the user account of the respective User at the social network, which the User can as a rule prevent by logging out before using the function. More detailed information concerning the collection and use of data by the operator of a social network and concerning the rights of the User as well as possibilities for the protection of the privacy of the User can be found in the data protection instructions of the respective social network.
3.5.4 Payment processing
Infernum is entitled to forward user data to a commissioned service provider for the payment processing. Infernum cooperates among others with Nextidea GmbH with registered seat in Münster. Insofar as Users provide credit card data to Infernum for the payment in the real time process the credit card numbers are used exclusively for the payment processing and no other purposes. Infernum can use the services of a provider for fraud management for the payment processing in order to create an increased degree of security against fraud for the benefit of the Users and Infernum and to promote the protection of financial information.
Infernum also uses personal data of the respective persons concerned in the course of the termination of the contractual relationship with a User insofar as this is necessary for the processing of the debt relationship. This can for example comprise the compensation of a still outstanding balance.
User data can be used within the framework of communication. Infernum shall also comply with its standards set in this data protection declaration hereby.
3.6.1 User enquiries
Infernum shall process personal data with enquiries of Users for the purpose of the answer.
Infernum archives correspondence with Users with the aim of improving the products and services as well as the offer of Infernum and for own business purposes.
Infernum shall occasionally request Users to provide data within the framework of surveys. The User is at liberty to decide whether he would like to provide corresponding information and consents to the collection and processing of these data. The survey data are used for monitoring and improving the offer, the products and services as well as for improving the offer of services of Infernum.
3.6.3 Communication between Users through the offer
Some information among others the communication between Users about offers of Infernum can also be visible for other Users of the offer of Infernum. Infernum recommends Users to handle their data carefully and sparingly as well as to carefully weigh up what and with whom the User communicates.
The communication about the offer of Infernum is as a rule not subject to any control of the contents by Infernum. Nevertheless, Infernum reserves the right to delete entries at its own discretion and to exclude Users from the further use in particular if entries satisfy factual elements which are relevant under criminal law or are not compatible with the aims of Infernum.
3.7 Advertising, market and opinion research
In addition to the degree which is admissible according to the statutory regulations Infernum shall only collect, process and use personal data of Users for purposes of advertising and/or purposes of market and opinion research insofar as the respective User has explicitly previously consented to a collection, processing and use for purposes of the market and opinion research or to a processing and use for purposes of advertising.
3.7.1 Information about own offers by e-mail
Insofar as the User of Infernum have granted their consent to the processing and use of the e-mail address entered by them Infernum shall send the requested information to the respective Users mostly in the form of newsletters.
Infernum at least requires the e-mail address of the User for sending newsletters or other information via e-mail (“Newsletter-Service”).
Details beyond this within the framework of the Newsletter-Service are voluntary and shall be used in order to address the respective Users personally and if applicable to be able to clarify queries.
If the User has provided his e-mail address to Infernum within the framework of his existing customers relations then information about Infernum or about those services can be sent to him by e-mail which are similar to those services which already used at Infernum. The User can revoke his consent in this respect in writing at all times (e.g. by e-mail) without costs being incurred for this apart from the costs for sending the objection (concerning the basic tariffs). The User will be given the possibility to reject the receipt of further information and to send a corresponding objection in each information sent by Infernum and in each newsletter.
3.7.2 Information about offers of third parties
Infernum may make it possible for third parties to contact Users for advertising purposes if the User has consented hereto. As long as the respective User does not object hereto User data can also be used in order to send such advertising messages to the User which correspond with his interests (based on the information which the User sent to Infernum and on his acts within the offer operated by Infernum).
3.7.3 Market research
Infernum can use information stored about Users for internal surveys about demography, user interests and user behaviour. This use is carried out anonymised. For purposes of the advertising and market research Infernum can evaluate information about Users in an anonymised and aggregated form. If and insofar as Infernum uses User data for creating user profiles it shall discontinue their use if this is objected to by the respective Users.
3.8 Data transmission to third parties
Infernum is entitled to transmit personal data of Users for the purposes stated in this data protection declaration to other members states of the European Union or within the European Economic Area and to store these. A forwarding of data to countries outside of the European Union or the European Economic Area is carried out exclusively based on the consent of the Users.
Infernum shall not unlawfully transmit personal data of Users to third parties. The regulations of Subclause 3.5.2 [Execution of contract – payment service provider among others], 3.5.4., 3.7.2, 3.8 and 6.2 [Right to information of third parties] remain unaffected.
Infernum will make an effort to achieve a degree of accuracy of the stored personal data of Users which corresponds with the actual standards. Precautionary measures will be taken on the part of Infernum by the fact that individuals can receive access to the stored personal data of Users within a reasonable framework in order to check, if applicable to correct or to anonymise, to block or to delete these data. There is in addition the possibility for our users within the framework of the offer of Infernum to independently view and/or to change the data transmitted by them after authentication.
The protection of personal data, which Infernum has received from Users of the offer of Infernum is an important part of the corporate philosophy of Infernum. Infernum protects personal data of the Users of the offer of Infernum against loss, abuse and change by security measures of a physical, technical and administrative type.
As with all transmissions of data via the Internet there also remains a residual risk however when sending and receiving personal data. Infernum tries to minimise this risk by the fact that Infernum encodes the data sent by the users of the offer of Infernum with orders of products and services or the use of the offer of Infernum (partly) with the help of the Secure Socket Layer-Protocol (SSL).
Infernum points out to Users that despite the high demands of Infernum from the data protection all information which a User releases voluntarily via the Internet, can potentially also be used by others. For this reason Infernum not assume any responsibility or liability for the disclosure of information owing to faults with the data transmission and/or unauthorised access by third parties.
According to the statutory provisions each User has a right to correction, blocking and deletion of his personal data. Insofar as a change or deletion is not carried out by the User himself Infernum and the data protection officer of Infernum shall be pleased to be available for corresponding applications at the address stated at the end of this data protection declaration. Infernum will change or delete the personal data accordingly as soon as possible. Infernum points out that owing to technical and organisational conditions it may be possible that several measures are still carried out even after the request for change or deletion which were already started however were not yet carried out in full after Users informed Infernum about the request for deletion. Infernum likewise points out that a deletion of User data however is only possible if this is not opposed by any legal regulations, in particular with regard to data for settlement-related and/or accounting purposes.
Each User is at liberty at all times to object to the processing and use of his personal data for purposes of advertising or the market and opinion research. In particular Users can object to the use of their e-mail address for the receipt of newsletters and/or information of Infernum at all times without other costs incurred to the Users for this purpose than the transmission costs according to the basic tariffs. Infernum will clearly point out their right to objection to its Users both when collecting the e-mail address as well as with each use in newsletters or other information.
Infernum as well as the data protection officer of Infernum will be available for corresponding applications or notifications of Users at the address stated at the end of this data protection declaration.
Both the Users as well as third parties as correspondingly entitled to the provision of information with regard to the data collected and stored by Infernum.
Infernum is entitled to provide information in certain individual cases or obliged to provide such information towards the responsible authorities owing to statutory regulations.
6.1 Right to information of the Users
Upon request of a User Infernum shall provide information free of charge about all personal data stored by Infernum relating to him. This information is principally transmitted in an electronic form (by e-mail). Enquiries are to be addressed to the address stated at the end of this data protection declaration.
Should the User take advantage of this possibility for the provision of information via e-mail the stated e-mail address (both sender as well as recipient) will not be used for any other purposes than those for the provision of information and its documentation.
6.2 Right to information of third parties
Infernum can be entitled to provide information towards third parties about personal data of the Users of the offer of Infernum in an individual case. Infernum reserves the right to use its right in this respect to provide information in the individual case after detailed examination and carefully weighing up the facts.
Should Infernum be legally obliged to forward its data to local, state, national or international authorities Infernum shall comply with this obligation.
Further Infernum shall disclose data towards third parties if this is requested by applicable laws and regulations.
In addition, Infernum can disclose information in order to examine or prevent illegal activities or a suspicion of fraud or to initiate corresponding counter-measures or in order to asset or apply the contracts and licence rights of Infernum.
With the use of the offer and the thus associated services of Infernum Users consent to the use of data as described above.
This data protection declaration is currently valid in the version 1.0 of 09.12.2011.
Infernum reserves the right to change this data protection declaration at all times, however Infernum shall always comply with the respective applicable laws concerning data protection. Infernum recommends to inform oneself with each visit to the websites and the offer of Infernum about the actual data protection declaration. In case Infernum would like to use the personal data of the Users to a larger extent than according to this data protection declaration Infernum shall of course inform the Users hereof in advance.
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Infernum Productions AG
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