Privacy Policy

 

Privacy Policy

We are very delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the management of the StreamBreak Interactive GmbH. The use of the Internet pages of the StreamBreak Interactive GmbH is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.

The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the StreamBreak Interactive GmbH. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.

As the controller, the StreamBreak Interactive GmbH has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.

1. Definitions

The data protection declaration of the StreamBreak Interactive GmbH is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.

In this data protection declaration, we use, inter alia, the following terms:

2. Name and Address of the controller

Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:

StreamBreak Interactive GmbH
Hammer-Purgstall-Gasse 8
1020 Vienna
Austria
Email: contact@streambreak.tv
Website: www.streambreak.tv

3. Cookies

The Internet pages of the StreamBreak Interactive GmbH use cookies. Cookies are text files that are stored in a computer system via an Internet browser.

Many Internet sites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited Internet sites and servers to differentiate the individual browser of the dats subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified using the unique cookie ID.

Through the use of cookies, the StreamBreak Interactive GmbH can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.

By means of a cookie, the information and offers on our website can be optimized with the user in mind. Cookies allow us, as previously mentioned, to recognize our website users. The purpose of this recognition is to make it easier for users to utilize our website. The website user that uses cookies, e.g. does not have to enter access data each time the website is accessed, because this is taken over by the website, and the cookie is thus stored on the user's computer system. Another example is the cookie of a shopping cart in an online shop. The online store remembers the articles that a customer has placed in the virtual shopping cart via a cookie.

The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.

4. Collection of general data and information

The website of the StreamBreak Interactive GmbH collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.

When using these general data and information, the StreamBreak Interactive GmbH does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, the StreamBreak Interactive GmbH analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

5. Subscription to our newsletters

On the website of the StreamBreak Interactive GmbH, users are given the opportunity to subscribe to our enterprise's newsletter. The input mask used for this purpose determines what personal data are transmitted, as well as when the newsletter is ordered from the controller.

The StreamBreak Interactive GmbH informs its customers and business partners regularly by means of a newsletter about enterprise offers. The enterprise's newsletter may only be received by the data subject if (1) the data subject has a valid e-mail address and (2) the data subject registers for the newsletter shipping. A confirmation e-mail will be sent to the e-mail address registered by a data subject for the first time for newsletter shipping, for legal reasons, in the double opt-in procedure. This confirmation e-mail is used to prove whether the owner of the e-mail address as the data subject is authorized to receive the newsletter.

During the registration for the newsletter, we also store the IP address of the computer system assigned by the Internet service provider (ISP) and used by the data subject at the time of the registration, as well as the date and time of the registration. The collection of this data is necessary in order to understand the (possible) misuse of the e-mail address of a data subject at a later date, and it therefore serves the aim of the legal protection of the controller.

The personal data collected as part of a registration for the newsletter will only be used to send our newsletter. In addition, subscribers to the newsletter may be informed by e-mail, as long as this is necessary for the operation of the newsletter service or a registration in question, as this could be the case in the event of modifications to the newsletter offer, or in the event of a change in technical circumstances. The subscription to our newsletter may be terminated by the data subject at any time. The consent to the storage of personal data, which the data subject has given for shipping the newsletter, may be revoked at any time. For the purpose of revocation of consent, a corresponding link is found in each newsletter. It is also possible to unsubscribe from the newsletter at any time directly on the website of the controller, or to communicate this to the controller in a different way.

6. Newsletter-Shipping with SendinBlue

StreamBreak Interactive GmbH ships newsletter with SendinBlue (SendinBlue SAS) and is using their newsletter service on the website. SendinBlue, a simplified joint-stock company registered with the Paris Trade and Companies Register under number 498 019 298 with its registered office at 55 rue d’Amsterdam, 75008 Paris (hereafter “SendinBlue“) operates a solution relating to marketing and/or transactional email and/or SMS via its website www.sendinblue.com. All the collected data needed for the subscription, as described above, will be stored only on the servers of SendinBlue, so StreamBreak Interactive GmbH can use their service. For further information visit https://www.sendinblue.com/legal/privacypolicy/

7. Newsletter-Tracking

The newsletter of the StreamBreak Interactive GmbH contains so-called tracking pixels. A tracking pixel is a miniature graphic embedded in such e-mails, which are sent in HTML format to enable log file recording and analysis. This allows a statistical analysis of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, the StreamBreak Interactive GmbH may see if and when an e-mail was opened by a data subject, and which links in the e-mail were called up by data subjects.

Such personal data collected in the tracking pixels contained in the newsletters are stored and analyzed by the controller in order to optimize the shipping of the newsletter, as well as to adapt the content of future newsletters even better to the interests of the data subject. These personal data will be passed on to the . Data subjects are at any time entitled to revoke the respective separate declaration of consent issued by means of the double-opt-in procedure. After a revocation, these personal data will be deleted by the controller. The StreamBreak Interactive GmbH automatically regards a withdrawal from the receipt of the newsletter as a revocation.

8. Streamer’s access to his/her StreamBreak analytics data

As a streamer on the third-party streaming platforms “Twitch” and/or “Mixer”, you may access the following anonymous analytics data concerning our interactive gaming application (“App”) at any time via https://www.streambreak.tv/dashboard/ if and after you have used the App during your streams: (i) number of viewers who watched your stream of the App, (ii) number of viewers who played a game within the App, (iii) name of the game(s) within the App played by your viewers and (iv) number of interactions of the players within such game(s).

When you wish to access this analytics data, we process your user-name that you use on the corresponding third-party streaming platform so that we can provide you with the data applicable to your stream(s) and we do so in order to fulfil your respective request (Article 6 (1) lit b) GDPR).

If you do not provide us with your user-name, we unfortunately cannot give you access to that analytics data.

In order to be able to fulfil the above mentioned purposes, we work together with service providers (so-called “Processors“), who process your personal data on our behalf and for our purposes – but not for their own purposes. These processors are as follows:

Processor Country Basis for Data-Transfer to non-EU-countries
Amazon Web Services, Inc., 410 Terry Avenue North, Seattle WA 98109, USA: Hosting and communication between the third-party streaming platforms “Twitch” and “Mixer” and the App as well as with the games within the App USA Privacy Shield. The Privacy Shield status of Amazon Webservices Inc can be accessed here: Link
WORLD4YOU Internet Services GmbH, Hafenstrasse 35, 4020 Linz, Austria: Hosting Austria n/a because within EU
Uberspace, Jonas Pasche, Kaiserstrasse 15, 55116 Mainz, Germany: Hosting Germany n/a because within EU

9. Stream-Viewers who decide to play a game within our interactive gaming application (“App”)

When you watch a stream on the third-party streaming platforms “Twitch” and/or “Mixer”, the broadcasting streamer may engage the App for letting you play games or watch other viewers play. When you decide to play, we process (i) your user-name that you use on the concerned third-party streaming platform, (ii) your corresponding avatar and (iii) the points in time when you interact with a game within the App for the following purposes:

We process that data for the above purposes in order to fulfil your respective request to participate in a game (Article 6 (1) lit b) GDPR).

If you do not provide us with your user-name, your corresponding avatar and/or the points in time when you interact with a game within the App, you may still play games within the App, but you only can do so as an anonymous user and therefore you particularly will not be featured with your user-name in any high-score list; consequently, you will not be able to receive any possible rewards from the broadcasting streamer.

In order to be able to fulfil the abovementioned purposes, we work together with service providers (so-called “Processors“), who process your personal data on our behalf and for our purposes – but not for their own purposes. These processors are as follows:

Processor Country Basis for Data-Transfer to non-EU-countries
Amazon Web Services, Inc., 410 Terry Avenue North, Seattle WA 98109, USA: Hosting and communication between the third-party streaming platforms “Twitch” and “Mixer” and the App as well as with the games within the App USA Privacy Shield. The Privacy Shield status of Amazon Webservices Inc can be accessed here: Link
WORLD4YOU Internet Services GmbH, Hafenstrasse 35, 4020 Linz, Austria: Hosting Austria n/a because within EU
Uberspace, Jonas Pasche, Kaiserstrasse 15, 55116 Mainz, Germany: Hosting Germany n/a because within EU

10. Routine erasure and blocking of personal data

The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.

If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.

11. Rights of the data subject

12. Legal basis for the processing

Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).

13. The legitimate interests pursued by the controller or by a third party

Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.

14. Period for which the personal data will be stored

The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.

15. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data

We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.

16. Existence of automated decision-making

As a responsible company, we do not use automatic decision-making or profiling.

This Privacy Policy has been generated by the Privacy Policy Generator of the External Data Protection Officers that was developed in cooperation with the Media Law Lawyers from WBS-LAW.

Google Analytics

This website uses Google Analytics, a web analysis service of Google Inc. “(“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there. However, if IP anonymization is activated on this website, Google will reduce your IP address within Member States of the European Union or in other states party to the Agreement on the European Economic Area beforehand. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide the website operator with further services associated with website and Internet use.

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 this website. You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=en.

This website uses Google Analytics with "anonymizeIp". As a result, IP addresses are further processed in abbreviated form to exclude an affiliation to people. As far as the data collected about you is personal, it will be excluded immediately and the personal data will be deleted immediately.

We use Google Analytics to analyze and regularly improve the use of our website. We can improve our offer and make it more interesting for you as a user. For the exceptional cases in which personal data is transferred to the USA, Google has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework. The legal basis for the use of Google Analytics is Art. 6 I 1 f) GDPR.

Third Party Information: Google Dublin, Google Ireland Ltd, Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001. User conditions: http://www.google.com/analytics/terms/de.html, privacy: http://www.google.com/intl/de/analytics/learn/privacy.html and policies: http://www.google.de/intl/de/policies/privacy.