Privacy Policy
1. General Information
1.1. Purpose of the Privacy Policy
For Frientag LTD (hereinafter "GamerTag", "we", "us") the protection of the personal data of all GamerTag platform users is of great importance. Therefore, we comply with the applicable legal provisions on the protection and processing of personal data, in particular the General Data Protection Regulation ("GDPR"), the Austrian Data Protection Act ("DSG"),the Austrian Telecommunications Act ("TKG") and the Maltese Data Protection Act, together with subsidiary legislation (“MDPA”).
The aim of our privacy policy is to provide all necessary information about the processing of your personal data when using the GamerTag platform in the most precise, transparent, understandable and easily accessible way possible and to support you in exercising your privacy rights according to section 3 of this Policy.
1.1. Contact of the Controller
Name: Frientag LTD
Location: SOHO St. Julians Punchbowl Centre, Elia Zammit Street, ST. JULIANS, STJ 3154, MALTA
Register Number: C 104278
Tax Number: MT30515025
Telephone: +43 676 842750771
E-Mail support@gamertag.app
2. Processing of Data
2.1. Processing of Personal Data and the Respective Purpose
2.1.1. Registration Procedure
To access the GamerTag platform, a user account is required. To create an account, we need to process the following data at registration: account data (e-mail address, username, profile name, age, gender, user region )
We need this information to set up a functioning account which can be added to the GamerTag environment. Thus, the processing is based on contractual obligations according to Art 6 para 1 lit b GDPR.
2.1.2. Platform Use
To display your profile on our platform and enable you to interact with other users, we process the following data: account data and user activity data (shared content, comments, usage time and other interactions on the platform).
Processing this data is necessary to enable your account to interact with other participants of the GamerTag platform. Thus, the processing is based on contractual obligations according to Art 6 para 1 lit b GDPR.
2.1.3. Paid In-App Purchases and Subscriptions
If you purchase in game assets or subscribe to paid premium services, we process the following data: username, e-mail address, product information, billing information
Processing this data is necessary to perform the requested purchase or paid service. Thus, the processing is based on contractual obligations according to Art 6 para 1 lit b GDPR
2.1.4. Tailored User Suggestions
Bringing together users with similar or comparable gaming preferences and interests is the major service of GamerTag. To provide this service GamerTag creates user profiles and creates matching groups supported by Artificial Intelligence (“AI”). To perform this functionality the following data is required: account data and user activity data.
Processing this data is necessary to provide tailored contact suggestions which our users expect. Thus, the processing is based on contractual obligations according to Art 6 para 1 lit b GDPR.
2.1.5. Nearby Players
The function "Nearby Players" offers the user the opportunity to see if other participants of the GamerTag are nearby and playing similar games on our GamerTag map. To provide this service the following data is processed: username, selected Game, Avatar, location data
Processing is necessary to perform the requested service. Thus, the processing is based on contractual obligations according to Art 6 para 1 lit b GDPR.
We make use of MapBox Inc, located in 1133 15th St NW, Suite 825, Washington DC 2000, USA, as a processor for the service. The company is part of the EU-US Data Privacy Framework and GamerTag has concluded a respective processing agreement with MapBox. Your location data is not transferred to MapBox.
2.1.6. Security and Compliance
Maintaining a platform for a big community makes it necessary, that GamerTag ensures a safe and secure environment for all its participants. GamerTag regularly checks posts and comments from all users - supported by AI - for possible inappropriate or illegal content. In addition, GamerTag provides the opportunity that each user may report content which appears inadmissible. For this purpose, GamerTag processes the following data: user activity data, account data of potential infringing user, account data of reporting user.
GamerTag has a legitimate interest in protecting all users from harmful or offensive communication and content which violates the law or general principles of respectful behavior. Thus, the processing is based on Art 6 para 1 lit f GDPR. Based on Art 10 GDPR in conjunction with Sec 4 Para 3(2) DSG the legitimate interest of GamerTag on ensuring a safe platform community justifies these measures also if data related to criminal convictions and offences is processed.
2.1.7. Optimization of platform and AI
GamerTag utilizes information of user interaction to develop and extend the functionality of the platform. GamerTag only uses personal data for these purposes if it is needed. Otherwise only aggregated or anonymized data will be used for optimization purposes. For optimization GamerTag processes the following data: account data and user activity data. If consent from the individual user is obtained, GamerTag also uses information from Cookies and other trackers (see Pt 2.1.9 for more information)
GamerTag has a legitimate interest in developing the scope of services and the performance of its AI-solution. The measures also provide a clear benefit to the users since the measures will also lead to a general improvement of usability and platform experience. Thus, the processing is based on Art 6 para 1 lit f GDPR.
2.1.8. Behavioral Advertising
The GamerTag platform is not only a place for gaming enthusiasts to interact but also a potential tailored showroom for interesting commercials. To provide each user with a set of personalized advertisements, the GamerTag AI-solution creates and developes an individualized commercial profile of a user. According to the result, products or services from advertising partners - which match with the profile – will be displayed to the user. To generate the consumer profile, GamerTag processes the following data: account data and user activity data. If consent from the individual user is obtained, GamerTag also uses information from Cookies and other trackers (see Pt 2.1.9 for more information)
GamerTag only makes use of behavioral advertising after your freely given consent according to Art 6 para 1 lit a GDPR. You may withdraw your consent with effect for the future at any time without giving any reasons e.g. by accessing the privacy settings of your account. After revocation, the user will not receive any further personalized advertisements and the profile will not be further developed.
2.1.9. Newsletter
If you signed up for the GamerTag newsletter, we will process your account data. We make use of Sengrid to facilitate our newsletter management. Sengrid is a tool by Twilio Ireland Limited, 3 Dublin Landings, North Wall Quay, Dublin 1, Ireland. Twillo Ireland acts as our processor.
The processing is based on your freely given consent according to Art 6 para 1 lit a GDPR. You may withdraw your consent with effect for the future at any time without giving any reasons e.g. by our unsubscribe link, which you can find in every newsletter.
2.1.10. Cookies and other tracking technologies
In order to make the GamerTag platform user-friendly and needs-orientated and to gather information for a better AI-support, we use cookies and other trackers. Cookies are small text files that are stored on your end device. Other measures for tracking are scripts or pixels. For simple and transparent information, we refer to all these tracking technologies as Cookies. There are Cookies that are activated without your consent because they are technically necessary for us to provide our services ("strictly necessary" in accordance with Sec 165 Para 3 TKG). We also use Cookies that require your freely-given consent (Sec 165 Para 3 TKG in conjunction with Art 6 Para 1 lit a GDPR) before they can be used.
Some of the services used are third-party providers based outside the EU or outside the EEA. If there is no adequacy decision for the country in accordance with Art 45 Para 3 GDPR and no other suitable guarantees in accordance with Art 46 GDPR (i.e. no level of data protection equivalent to the EU), data will only be transferred to this country if you have given your express voluntary consent in advance (Art 49 Para 1 lit a GDPR in conjunction with Art 6 Para 1 lit a GDPR). You can revoke your consent at any time without reason with effect for the future, in particular via the "Cookie settings" in the upper right corner of the Gamer Passport” in “in the section “cookie settings”. For more detailed information on the provider, purpose or location and storage duration of the Cookies used, please refer to our Cookie Policy
2.2. Transfer of Personal Data
Personal data relevant for the respective above-mentioned purposes can be transferred to the following recipients:
to external third parties to a necessary extent based on our legitimate interest (e.g. personnel consultants and service providers, auditors, insurers, legal representatives, labor market service, other third parties involved in the fulfillment of the contract with the data subject or the provision of services by the controller to the data subject and other third parties involved in the employment relationship, e.g. insurance companies, tax consultants, operators of the IT infrastructure);
to courts, authorities and other public bodies to the extent required by law (e.g. Chamber of Labor, Data Protection Authority).
In addition, we work together with external service providers (processors) and transmit your personal data to them to the extent necessary to provide our service. Our processors are manly supplier of IT-services and services for contract administration:
Software and service provider (supply of IT applications) for e-mail as well as for administrative tasks.
General IT administration (including support, software and maintenance, data centers and cloud services)
We have concluded a processor agreement with all our processors in accordance with Art 28 GDPR.
If your personal data is transferred to a third country to which no adequacy decision as defined in Art 45 GDPR applies, the protection of your data will be ensured by means of suitable safeguards as defined in Art 46 GDPR. In the absence of such, we will inform you of this and a transfer will only take place with your explicit consent as defined in Art 49 Para 1 lit a GDPR.
2.3. Retention Periods
We only store your personal data for as long as we need it to fulfill the purposes described above.
We store your account and user activity data as long as your user account is active. After account deletion we store the data for another further six months on the basis of our legitimate interests. For example, we have an interest in being able to respond to any follow-up questions or complaints from you or other users referring to your account in an appropriate and informed manner. Content from you on other accounts will be deleted six months after the deletion of your account or six months after the deletion of the account on which the content is visible - whichever is earlier.
Your location data is only stored for the time you are using the "Nearby Player" service and up to 20 minutes after closing to provide a quick restart in case of lost connection.If you revoke your consent on behavioral advertising, GamerTag will store your commercial profile for six months. GameTag has a legitimate interest on this storage period since the development of a commercial profile demands time and resources. Otherwise GamerTag would need a significant time to redevelop a profound user profile, in case you want to renew the respective consent. After the retention period GamerTag fully anonymize the profile.
If you have registered for our newsletter, we will store the data until you withdraw your consent, but for no longer than six months after the last contact with us.
If you enter with us into a contractual relationship by one of our paid services, we are subject to mandatory retention periods (in particular Sec 190, 212 Company Act “UGB” as well as the Maltese Companies Act Chapter 386) and tax law requirements (in particular Sec 132 Austrian Tax Code “BAO” as well as the Maltese Income Tax Act Chapter 123). We therefore store the respective data for 10 years. In individual cases, this period can be also longer, eg until the end of the business relationship or a legal dispute or until the expiry of the warranty and guarantee periods as well as the limitation periods in the event of the assertion of claims for damages.
If Cookies are set, we will store your personal data for as long as necessary to fulfill their purposes. You can find more information on the storage periods of the Cookies used in our Cookie Policy https://gamertag.app/legal/tracking-technologies
When we no longer need your personal data, we delete it from our systems and records or anonymize it so that you can no longer be identified.
3. Data Subject Rights
You have the right to access your personal data, right to rectification, erasure, restriction of processing and data portability. If the processing is based on your consent, you can withdraw it at any time with the effect for the future, e.g. by e-mail to suppport@gamertag.app . In addition, you can object to data processing if it is based on our legitimate interests on grounds relating to your particular situation. In this case will no longer process your personal data unless we can demonstrate compelling legitimate grounds. This grounds must override your interests and rights or the processing is necessary for the establishment, exercise or defense of our legal rights.
If you feel that the processing of your data is unlawful or that your data subject rights are infringed in any other manner, you are entitled to file a complaint at the Data Protection Authority. In Austria this is the Austrian Data Protection Authority, Barichgasse 40-42, 1030 Vienna. In Malta this is the Office of the Maltese Information and Data Protection Commissioner, Floor 2, Airways House, Triq Il-Kbira, Tas-Sliema SLM 1549, Malta. Prior to your formal complaint or if you need any help exercising your rights, kindly contact us under support@gamertag.app.
4. Modifications
In the course of the development of our platform, we will continuously adapt this privacy policy. We will announce changes on our website ([https://gamertag.app/legal/privacy-policy]). You should therefore access this privacy policy regularly to keep yourself informed of the current status.
July 2024