Information on data privacy according to Art. 13, 14 of the GDPR for our survival game “Dead Man’s Diary”
We are committed to the protection of your personal data. Since protection of your privacy as well as of your business data is of pivotal importance to us, we will comply with the data privacy regulations applicable in Germany.
In the following, we inform you about the collection and possibly forwarding of personal data at the time of collection of such data in connection with the survival game “Dead Man’s Diary” offered by us.
1. Responsible data controller pursuant to Art. 4 (7) of the GDPR
The data controller pursuant to Art. 4 (7) of the GDPR is TML Studios/TML Edition GmbH, legally represented by the Managing Director Thomas Langelotz, Haarbergstraße 47, D-99097 Erfurt, Germany; info@tml-studios.de.
2. Collection and use of personal data
(1) For the purpose of providing the survival game “Dead Man’s Diary” (hereinafter referred to as the “Game”) via the respective stores, we do not collect any personal data directly by transmission from the respective player.
(2) However, we integrate a system called “Sentry” into the Game. “Sentry” is a so-called application monitoring and error tracking software, which in case of a crash of the Game enables the player to forward program-relevant data about the crash via “Sentry” to us. This may result in collection of personal data by the operator of “Sentry” and possibly forwarding of the same to us.
In this context, your personal data are not automatically stored in our company’s own systems.
The manufacturer and operator of “Sentry” is Functional Software, Inc., 132 Hawthorne Street, San Francisco, CA 94107, USA. We would like to point out that we have no knowledge of what personal data Functional Software Inc. may collect in the individual case. For more information, please refer to the data privacy policy of Functional Software Inc. at Privacy Policy 2.2.1 (November 10, 2020) | Sentry as well as Privacy Policy 3.0.0 (September 27, 2021) | Sentry.
(2) Furthermore, the tool “GameAnalytics” is integrated into the Game in order to obtain information for the improvement of the product. In this process, too, personal data of the players are collected and forwarded to us. The operator of the “GameAnalytics” tool is the company GameAnalytics, Vesterbrogade 34, 4, DK-1620 Copenhagen V, Denmark. We would like to point out that we have no knowledge of what personal data GameAnalytics may collect in the individual case. For more information, please refer to the GameAnalytics data privacy policy at Privacy Policy – GameAnalytics.
(3) We use the software “Aderow” for copy protection. The use of this software does not forward any personal data to us. Whether and to what extent Aderow GmbH collects personal data of the user or unauthorized persons when using or attempting to copy the software is beyond our knowledge. For more information, please refer to the data privacy policy of Aderow GmbH at https://www.aderow.com/data-protection-policy/.
(4) The PC version of our product is distributed via the service “Steam”. The operator of “Steam” is Valve GmbH, Rödingsmarkt 9, D-20354 Hamburg. Valve GmbH collects personal data of the users in the context of the use of the “Steam” service for the purpose of contract handling. We do not have access to these data, nor are they forwarded to us. For more information on the handling of personal data on the part of Valve GmbH, please refer to their data privacy policy at Consent to Privacy Policy (steampowered.com).
(5) Furthermore, the Game will be distributed via the Epic Game Store. During the processing of the contract, personal data will be collected and processed by Epic Games, Inc., 620 Crossroads Blvd., Cary, NC, USA. We do not have access to these data, nor are they forwarded to us. We would like to point out that we have no knowledge of what personal data Epic Games Inc. may collect in the individual case. For more information, please refer to the data privacy policy of Epic Games Inc. at https://www.epicgames.com/site/de/privacypolicy.
(6) If and insofar as we obtain the consent of the data subject for processing operations involving personal data, Art. 6 (1) lit. a of the EU General Data Protection Regulation (GDPR) serves as the legal basis for the processing of personal data.
In the processing of personal data necessary for the performance of a contract to which the data subject concerned is a party, Art. 6 (1) lit. b of the GDPR serves as the legal basis. This also applies to processing operations that are necessary for the performance of pre-contractual measures.
If and insofar as processing of personal data is necessary for the fulfillment of a legal obligation to which our company is subject, Art. 6 (1) lit. c of the GDPR serves as the legal basis.
If the processing is necessary to protect a legitimate interest of our company or a third party, and the interests, fundamental rights and freedoms of the data subject do not outweigh said interest, Art. 6 (1) lit. f of the GDPR serves as the legal basis for the processing.
(7) In addition, storage may take place if this has been provided for by the European or national legislator in Union regulations, laws or other provisions to which we are subject. Data will be locked or deleted also whenever a retention period prescribed by the referenced legal norms expires, unless there is a need for further retention of the data for conclusion or fulfillment of a contractual relationship.
3. Right to information
You may request confirmation from us as to whether any personal data concerning you are being processed by us.
If such processing is performed, you can request information from us about the following:
(1) the purposes for which the personal data are processed;
(2) the categories of personal data that are processed;
(3) the recipients or categories of recipients to whom your personal data have been or may be disclosed;
(4) the planned duration of the storage of your personal data or, if specific statements on this are not possible, criteria for determining the duration of retention;
(5) the existence of a right of rectification or erasure of your personal data, or of restriction of the processing by us, or of a right to object to such processing;
(6) the existence of a right of appeal to a supervisory authority;
(7) any available information on the origin of the data, if the personal data are not collected from the data subject;
(8) the existence of automated decision-making, including profiling, in accordance with Art. 22 (1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as about the scope and envisaged consequences of such processing for the data subject.
You have the right to request information on whether your personal data are transferred to a third country or an international organization. In this context, you may request to be informed about the appropriate safeguards pursuant to Art. 46 of the GDPR in connection with the transfer.
4. Right to rectification
You have a right against us to rectification and/or completion, if and insofar as the processed personal data concerning you are inaccurate or incomplete. We will make the correction without undue delay.
5. Right to restrict processing
Under any of the following conditions, you may request restriction of the processing of your personal data:
(1) You contest the accuracy of your personal data for a period of time that allows us to verify the accuracy of the personal data;
(2) the processing is unlawful and you object to the erasure of the personal data and instead request restriction of the use of the personal data;
(3) we no longer need the personal data for the purposes of processing, but you do need them for asserting, exercising, or defending legal claims; or
(4) you have objected to the processing pursuant to Art. 21 (1) of the GDPR and it has not yet been ascertained whether our legitimate reasons outweigh your reasons.
Where the processing of your personal data has been restricted, such data may be processed – with the exception of their storage – only with your consent or for asserting, exercising, or defending legal claims or for the protection of the rights of another person or entity, or for reasons of important public interest of the Union or a Member State.
If the processing has been restricted in accordance with the above conditions, you will be informed by us before the restriction is lifted.
6. Right to erasure
a) Obligation to delete
You may request that we delete your personal data without undue delay if and insofar as any of the following reasons applies:
(1) Your personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
(2) You revoke your consent on which the processing was based pursuant to Art. 6 (1) lit. a or Art. 9 (2) lit. a of the GDPR, and there is no other legal basis for the processing.
(3) You object to the processing pursuant to Art. 21 (1) of the GDPR, and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 (2) of the GDPR.
(4) Your personal data have been processed unlawfully.
(5) Deletion of your personal data is necessary for compliance with a legal obligation under Union or Member State law to which we are subject.
(6) Your personal data have been collected in relation to the offer of information society services referred to in Art. 8 (1) of the GDPR.
b) Notification of third parties
If we have disclosed your personal data and are required to erase them under Art. 17 (1) of the GDPR, we shall take reasonable measures, including technical measures, to inform data controllers processing the personal data that you, as the data subject, have requested erasure of all links to copies or replications of such personal data, taking into account the available technology and the cost of implementation.
c) Exceptions
The right to erasure does not exist if and insofar as the processing is necessary
(1) for exercise of the right to freedom of expression and information;
(2) for compliance with a legal obligation that requires processing under Union or Member State law to which we are subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in us;
(3) for reasons of public interest in the area of public health pursuant to Art. 9 (2) lit. h and i as well as Art. 9 (3) of the GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes pursuant to Art. 89 (1) of the GDPR, if and insofar as the right referred to in Section a) is likely to render impossible or seriously prejudice the achievement of the purposes of such processing; or
(5) for the purpose of asserting, exercising, or defending legal claims.
7. Right to information
If you have asserted the right to rectification, erasure or restriction of processing against us, we shall notify all recipients to whom your personal data have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort.
You have the right to be informed about these recipients.
8. Right to data portability
You have the right to receive your personal data that you have provided to us in a structured, common and machine-readable format. In addition, you have the right to transfer these data to another data controller without hindrance from us if and insofar as
(1) the processing is based on consent pursuant to Art. 6 (1) lit. a of the GDPR or Art. 9 (2) lit. a of the GDPR, or on a contract pursuant to Art. 6 (1) lit. b GDPR, and
(2) the processing is done using automated procedures.
In exercising this right, you also have the right to have your personal data transferred directly from us to another data controller, if and insofar as this is technically feasible. No freedoms or rights of other persons may be affected by this.
The right to data portability does not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us.
9. Right to revocation and objection
You have the right to object at any time to the processing of your personal data carried out in accordance with Art. 6 (1) I lit. e or f of the GDPR for reasons resulting from your special situation; this also applies to any profiling based on these regulations.
In this case, we will cease to process your personal data unless we can demonstrate compelling legitimate grounds for the processing that outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
Whenever your personal data are processed for direct advertising purposes, you have the right to lodge at any time an objection to the processing of your personal data for the purposes of such advertising; this also applies to profiling if and insofar as it is related to such direct advertising.
If you object to processing for direct advertising purposes, your personal data will no longer be processed for these purposes.
In connection with the use of information society services – notwithstanding Directive 2002/58/EC – you may exercise your right to object by means of automated procedures using technical specifications.
Right to revoke the declaration of consent under data privacy law
You have the right to revoke your declaration of consent under data privacy law at any time. Such revocation will not affect the lawfulness of the processing carried out on the basis of the consent before revocation.
10. Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, workplace or the place of the alleged infringement, if you are of the opinion that the processing of your personal data infringes the GDPR.
The supervisory authority with which the complaint has been lodged will inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Art. 78 of the GDPR.
11. Confidentiality
(1) We shall keep confidential all information to be treated as confidential which has come to our knowledge in the run-up to and in the context of the contractual relationship and shall use such information towards third parties – irrespective of the purpose – only with the prior consent of the respective counterparty. Information to be treated as confidential includes information expressly designated as confidential by the party providing the information, and any information whose confidentiality is clearly evident from the circumstances of its disclosure. In particular, your personal data and the data used must be treated confidentially by us should we become aware of them.
(2) The obligations under paragraph (1) shall not apply to such information or parts thereof which we can prove to have been or become
– known or generally accessible to us before the date of receipt;
– publicly known or generally accessible before the date of receipt;
– publicly known or generally accessible after the date of receipt without any culpability on our part for this.
(3) Any public declarations of the Parties on cooperation shall be made only by prior mutual consent.
(4) The obligations under paragraph (1) persist indefinitely beyond the expiry of the Agreement and for as long as no exceptional circumstance under paragraph (2) is proven.
