BBG Apps Terms of Service and Privacy Policy

Terms of Use

BBG Entertainment GmbH, Cuvilliésstr. 14, 81679 Munich, Germany (hereinafter referred to as „BBG“), offers this app – (hereinafter referred to as „app„) for Apple Devices, Android Devices, and Windows/Windows Phone Devices (hereinafter referred to as „mobile devices„) through the Apple iTunes App Store, the Google Play Store, the Amazon App Store, the Windows/Windows Phone Store, or other App Stores (hereinafter jointly and severally referred to as „App Store(s)„). The users of the app shall be referred to below as „users.“

The app, as defined above, may also include existing supplemental services such as the purchase of virtual currency to unlock premium features (hereinafter collectively referred to as „premium features„) as well as additional services, such as the multiplayer gaming against other players simultaneously.

Table of contents:

§ 1 Scope

1.1 BBG allows users to use the app within its existing technical and operational bounds. BBG provides all of its services in connection with the app based exclusively on the Terms of Use described here as well as other conditions, insofar as these additional conditions are referred to in these Terms of Use.

1.2 BBG does not recognize the validity of any general terms and conditions or any of the user’s other conditions. Any general terms and conditions or other conditions of the user shall only become an integral part of the contract if confirmed by BBG in writing.

1.3 BBG may utilize the services of independent third parties (hereinafter called „third party service(s)„), such as the App Store and social networks, for the app. Third party services are not services from third parties that provide the service under the direction of BBG. Third party services are not services of BBG. They shall be identified accordingly by BBG or the third party. Questions that may arise in connection with third party services are not affected by these Terms of Use. BBG is not responsible for third party services. Third party services may possibly be subject to the general terms and conditions of their provider.

§ 2 Authorized Users

2.1 The app that is provided by BBG is exclusively geared to consumers. Use of the app for commercial purposes is not permitted. Participation in the app is solely for the purpose of entertainment.

2.2 Only those users who are over the age of 18 or have the explicit permission of a parent or legal guardian are entitled to use our services.

2.3 By making use of the app, the user expressly acknowledges his/her full legal age and legal capacity. In the case of minors, the user expressly asserts the consent of his/her parent(s) or legal guardian. BBG is entitled, but not required, to request documentation at any time that the user has reached full legal age or has the consent of his/her parent(s) or legal guardian.

2.4 Once a minor uses the app after reaching the age of majority, all of the contracts and agreements in connection with this account that were concluded before reaching full legal age shall be deemed accepted, provided the user does not revoke his/her acceptance from BBG within two weeks of reaching full legal age.

§ 3 Formation of contracts

3.1 Downloading and installation of the app from the App Store is required to use the app. To do this, an existing account must be used or a new one created for the App Store. By downloading the app from the App Store, the user receives a personal, timely, non-exclusive, unrestricted, non-transferable license to install the app on a mobile device. The license applies to all of the mobile devices that are connected with the App Store account.

3.2 Furthermore, to use the app it may be necessary that the user be logged on to services for example from Apple, Google, Amazon or Microsoft as the manufacturer of the mobile device as well as the developer of the mobile device’s operating system.

3.3 The user can read these Terms of Use in the App Store and print them out or store them to a durable storage medium before downloading the app.

3.4 The formation and fulfillment of contracts, especially those regarding the purchase of the app and/or premium features for real money, shall also be subject to the terms and conditions of the App Store, see § 5.1 and § 5.3 of these Terms of Use.

§ 4 Limits to use / prohibited behaviors

4.1 BBG provides the app only for use in accordance with these Terms of use.

4.2 The user is not entitled to use measures, mechanisms or software in connection with the app that may affect or interfere with the function or the operation of the app. The user shall not take measures that may cause an unreasonable or excessive burden on the technical capacity of BBG. In particular, the user shall not be permitted to block, overwrite or modify contents generated by BBG without the express written consent of BBG.

4.3 The user shall not be permitted to add elements to the app or change, delete or modify elements of the app in any other form without the explicit prior consent of BBG. In particular, the user shall not be permitted to copy, export or otherwise use graphic elements or try to decompile the app’s source code. This shall not apply if decompiling is permitted by law in accordance with § 69e of the German Copyright Act (Urhebergesetz, UrhG).

4.4 The user may under no circumstances use any aids that influence the operation of the app (such as „bots,“ „hacks“ etc.). The user shall also not offer or advertise any of these aids. The user shall, in particular, be prohibited from obtaining premium features or other advantages through the use of third party software or other applications that systematically or automatically control the app or specific functions of the app. This also applies to using program errors or bugs to the user’s own advantage („exploits“).

4.5 The user shall not insert or transmit any content with illegal or offensive contents into or within the app. This also applies to content of communications insofar as BBG enables the users to communicate with each other in the app. The same applies for the user generated display name. The user is not entitled to the allocation of a certain name. The chosen name must not infringe on the rights of third parties (in particular copyright, personal rights, trademark rights, company rights, etc.) and must not offend against good morals, e.g. hurt the religious feelings of third parties, be racist, discriminatory, pornographic, or sexist. BBG expressly disapproves of such behavior. BBG is entitled to change or delete the chosen name for technical, ethical or other reasons without the user’s approval.

4.6 The user shall not be allowed to advertise for products or programs of third parties in the app. The user shall also not make any mention of such advertising.

4.7. The user is not allowed to save, use, publish, transfer or distribute content which breaks the law or infringe any rights of third parties in the app or otherwise by using the app. The user is especially only allowed to upload content for which he own the copyright.

4.8 BBG shall be entitled to prevent non-compliance with § 4 of these Terms of Use. BBG shall also be entitled to delete the user’s content. This shall also apply if there is solid evidence of a violation of these Terms of Useor the contents are otherwise unlawful behavior. Users shall not have the right to request the recovery of deleted contents.

4.9 BBG shall be entitled to use appropriate measures and programs to uncover breaches of contractual obligations by the users, particularly to review individual actions for plausibility and compliance with § 4.1 to 4.8.

4.10 In the event of a culpable breach of his/her contractual obligations on the part of the user, particularly against § 4.1 to 4.8, BBG shall be entitled to block the user’s access to the app after a prior warning that it may block him/her. A warning is expandable, in case of a breach of his/her contractual obligations by the user in such a way, that an acceptance of the breach without further consequences than a warning would be unreasonable for BBG.

4.11 The conditions laid down in § 4 shall not limit BBG’s right to terminate a user’s access – in particular the right to terminate the contract with immediate effect – in accordance with § 11. They also shall not limit BBG’s right to enforce virtual house rules.

4.12 Settings, contacts or in-app purchases as defined in § 5.3 (collectively „user results„) are in most cases not bound to the installed app on the mobile device. BBG cannot ensure the same user experience when using the app over different mobile devices or mobile data connections. The app’s response time, in particular, may be worse than when using the app on land line data networks (like fixed lines via Wi-Fi).

§ 5 App purchase / premium features / data connections

5.1 The free or paid app may be downloaded and purchased in the App Store (hereinafter referred to as „app purchase„). App purchases are processed by the App Store. The formation and fulfillment of the contract and payment processing are determined by the App Store’s terms and conditions.

5.2 Users have the opportunity, in addition to the use of the basic version, to purchase premium features for the app from BBG for a fee. If the users purchase virtual currency, this currency can be exchanged for, among other things, various premium features. BBG shall expressly inform the users about the respective functions, requirements and prices of the premium features before they are acquired in the app.

5.3 Premium features and/or their temporary use may be purchased directly in the app (hereinafter referred to as „in-app purchase„). In-app purchases are processed by the App Store. The formation and fulfillment of the contract and payment processing are determined by the App Store’s terms and conditions.

5.4 Paid apps and/or premium features and/or their temporary use may be purchased using real money. The purchase of premium features and/or their temporary use using real money is only possible as an in-app purchase. The App Store terms and conditions shall apply.

5.5 The app and the premium features are not goods as defined in § 90 of the German Civil Code (Bundesgesetzbuch, BGB). BBG therefore does not transfer ownership to the premium features, but merely grants a right of use within the app. Even though the term „sell“ is used in connection with the purchase of the app and/or the premium features, it means the granting of the right of use. The terms „buyer,“ „seller,“ „sale,“ „purchase“ and similar terms have corresponding meanings. The scope and duration of the granted right of use depend on the respective app or premium feature. The right of use for the app and/or premium features shall expire at the latest when the contract between the user and BBG for the use of the app expires.

5.6 The purchase of the premium features and/or their temporary use includes the possibility to acquire these in two ways, either through one-time purchase or in different time-limited periods. In the case of conclusion a temporary use of the premium features BBG is entitled to charge the credit card or the bank account of the user with the usage fee plus any applicable sales tax. Content and prices for the temporary use resulting at the time the contract goes into effect. The contract schedule of prices and services are provided in the game at any time. The temporary use contract has the specific period which can be found in the schedule of prices and services. The period of the temporary use automatically ends with the end of the temporary use contract. If the user fails to pay its payment obligations, the temporary use ends automatically and the access to the premium features will be set back to the basic functionality.

5.7 If BBG incurs charges for return debits and/or cancellation fees due to the late cancellation of direct debits due to the fault of the user or a lack of funds to cover the charges, the user shall be responsible for the costs incurred as a result of these actions. If BBG incurs charges for return debits (for example, due to insufficient funds) due to the fault of the user, the user agrees to reimburse BBG for the incurred, proven and reasonable losses.

5.8 The user may only offset counterclaims against BBG that are undisputed or legally binding. The user may only exercise a right of retention if his/her counterclaim is based on the same contractual relationship. The assignment of the user’s claims against BBG to third parties is hereby excluded.

5.9 For the using of the app a mobile data connection is required. BBG would like to point out that using the app can sometimes, depends on the use of the app, require a high volume of data and the user may incur charges that must be paid to the provider of the mobile data connection. The prices for use of the mobile data services arise from the service descriptions of the respective mobile service provider. BBG cannot offer any assistance in this context.

§ 6 Duties and obligations of the user

6.1 The user’s main obligation is the payment of any possible fees.

6.2 BBG protects its systems from computer viruses. Nevertheless, infections with computer viruses can never be completely excluded. In addition, it is possible that unauthorized third parties may send e-mails using the name of BBG without BBG’s consent, and that these e-mails may contain computer viruses, spyware or links to web content which, in turn, may contain viruses or spyware. BBG does not have any influence on this. The user should therefore be cautious when opening all incoming messages that are sent using the name of BBG. This also applies to messages from other users.

6.3 BBG shall not be liable for damages or loss of data on the user’s mobile devices that is caused by the installation of software that does not originate from BBG.

6.4 The user undertakes to never under any circumstances use another user’s mobile device or App store account or app account, user name or password without their permission. If a third party uses one of these accounts after having gained access to the login data because the user did not sufficiently safeguard these against third party access, the user shall allow himself/herself to be treated as if he/she had accessed the account. The same applies to the use of a mobile device by a third party. If the user is not using his/her own mobile device or his/her own mobile data connection to use the app, he/she must obtain the consent of the respective owner. In this case, the user shall assure BBG that the consent has been given. BBG disclaims any liability of any unauthorized access of personal information of users by third parties (e.g. as a result of unauthorized access by “hackers”), unless such access is due to a fault on the part of BBG, e.g. by omitting protection measures.

6.5 In the event that BBG has a justifiable reason to believe that an unauthorized third party is in possession of access data, BBG may, but is not required to, at its own discretion, change the account access data without prior notice or suspend the respective account. BBG will promptly inform the user and will, upon request, communicate the new access data to them without undue delay. The user has no right to demand that the original access data be restored.

6.6 The user shall immediately notify BBG as soon as he/she becomes aware that unauthorized third parties know the login data for his/her App Store account or unauthorized third parties have used his/her mobile device. BBG would especially like to point out that login data should be changed at regular intervals for security reasons.

6.7 Users can contact BBG through the communication media and addresses listed below:

BBG Entertainment GmbH
Cuvilliésstr. 14
81679 Munich
Germany

E-Mail: info@bbg-entertainment.com
tel: +49 (0)89 35498-100
fax: +49 (0)89 35498-499

For evidentiary reasons, BBG recommends that the user submits any important declarations (such as terminations, complaints, etc.) in writing (e.g., by e-mail), unless these Terms of Use allow for another form.

6.8 BBG would like to expressly point out that the persons responsible for customer service are not authorized to agree to changes to these Terms of Use.

6.9 The user is responsible for ensuring that his/her mobile device is maintained in a condition that allows use of the app. BBG provides system requirements and compatibility information to the best of its knowledge. Due to the large number of network operators, mobile devices and operating system versions, it is not possible for BBG to test and ensure the operability of the app in all the various constellations. BBG recommends that, in addition to the prerequisites and compatibility information published by BBG to the best of its knowledge, the user carefully read the description of the app in the App Store.

§ 7 Further developments / condition / defects

7.1 It is in the nature of the provided app that it should continuously be developed and updated. Changes may also arise from the installation of updates that ensure and improve the app’s usability. Changes and ongoing developments should offer the user the best possible entertainment fun. BBG therefore provides the user access to the app in its latest existing version. Changes and ongoing developments may affect the system requirements and compatibility requirements. The user therefore has no right to maintain or achieve a certain state (version) or functional scope of the app. Any of the user’s claims for defects that affect the usability of the app itself shall remain unaffected. Because of the continual development of the app, BBG reserves the right to offer new app and/or premium features and/or to withdraw, modify or offer them as part of the free basic version. If the user has already made advance payments for premium features and cannot use them for the above reasons or because they are also offered in the free basic version, BBG shall, depending on what the user chooses, offer other premium features for the app. In these cases, the user is free to terminate the contract with immediate effect. Any further claims by the user to this regard shall be excluded.

7.2 BBG would like to point out that the app is state of the art, but that it cannot guarantee that the app is bug-free. For this reason, the user shall expect that apps like this one do not function perfectly. BBG shall make every effort to provide an app that is as bug-free as possible to ensure complete usability. However, as with any software, minor software errors in an app cannot be entirely prevented. The app can be considered to be defective enough that the user would be entitled to assert claims based on defects if the usability of the app is seriously and constantly interrupted.

7.3 The user shall always document any possible defects in the app, especially any displayed error messages, and shall report them in writing. Before reporting an error, the user should consult help documentation provided by BBG to eliminate problems. The user shall help BBG as much as possible to correct the problems.

7.4 Errors caused by external influences, operating errors by the user, force majeure or modifications or other manipulations that were not carried out by BBG are excluded from any claims based on a defect.

7.5 BBG does not grant guarantees within the meaning of the law.

§ 8 Limitation of liability / availability

8.1 Insofar as BBG charges a fee for its services, BBG shall be liable without limitation only in the case of intentional or gross negligence. In the event of a breach of essential contractual obligations, BBG shall also be liable for minor negligence. Essential contractual obligations (also referred to as cardinal obligations within the meaning of case law) are understood to be those obligations that allow for the proper execution of the contract and rely on the fulfillment of its users.

8.2 When BBG provides services free of charge, BBG shall only be liable for damages caused intentionally or as a result of gross negligence.

8.3 The above limitations of liability shall not apply to liability for injury to life, limb and health or in the event that a guarantee has been issued by BBG or liability under the Product Liability Act. BBG’s liability within the coverage of § 44a of the Telecommunications Act (Telekommunikationsgesetz, TKG) shall remain unaffected by this.

8.4 BBG shall be liable for consulting services only insofar as the questions were related to the app.

8.5 A change in the burden of proof to the disadvantage of the user is not part of the previous provisions.

8.6 BBG warrants an annual average of 90% availability of components of the app that are not available offline. This does not include periods in which the servers for the app cannot be accessed via the Internet due to technical or other problems beyond BBG’s control (e.g., force majeure, the fault of third parties, etc.). This also does not include periods in which regular maintenance work is carried out. BBG may restrict or block access to the app to the extent that the security of network operation, maintenance of network integrity, in particular avoidance of severe disturbances of the networks, the software, or the stored data so demands; these periods shall also not be taken into consideration when calculating availability. BBG’s liability for non-availability of the server due to intentional and gross negligence shall remain unaffected. § 9 will contain more information on the liability of BBG.

§ 9 Third party contents / responsibility

BBG may provide users with a function or platform through which they can communicate with one another. The users shall be responsible for the content of these communications as well as all other contents that are published by the users. This content is considered by BBG to be third party content as defined in § 8(1) of the German Telemedia Act (Telemediengesetz, TMG). BBG does not consider the content to be its own nor does it necessarily agree with these contents. If links are published to other external web pages operated by third parties, BBG shall not be responsible for the content of the linked pages. BBG does not control these pages and expressly distances itself from their contents. If illegal contents are reported to BBG, BBG shall exercise its right to delete the content and shall immediately remove it.

§ 10 Commercial property rights and copyrights / user-generated content

10.1 The contents of the app and any websites of BBG are the sole property of BBG or the relevant licensor. The contents are protected under national and international law, and especially copyright law. The unauthorized dissemination, copying, reuse or other breach of BBG’s intellectual property rights or copyrights shall be prosecuted under civil and/or criminal law.

10.2 The user shall retain all rights to the information posted by him/her. By introducing contents into the app, the user grants BBG a non-exclusive license, at no charge and freely revocable at any time, to make these contents publicly available to third parties worldwide in the context of the app. BBG does not have any further rights of use to the information provided by the user. The license shall be terminated when the user deletes his/her content. BBG is not obligated to provide a facility for the content to be deleted.

§ 11 Term of the contract, ordinary termination of the contract / virtual domiciliary right / extraordinary termination of the contract

11.1 The contracts between the user and BBG have been concluded for an indefinite period, unless otherwise agreed in writing.

11.2 Both parties have the right to terminate the contract(s) at any time with a notice period of two weeks, unless otherwise agreed in writing.

11.3 BBG reserves the right to exercise its virtual domiciliary right at any time.

11.4 The parties‘ right to terminate the contract with immediate effect at any time shall remain unaffected by the above provisions. BBG, in particular, has the right to terminate the contract for cause if the user culpably violates laws, these Terms of Use or rules for the use of premium features and repeatedly misbehaves in the same or similar manner despite receiving warnings against such actions.

11.5 In the event of serious violations, termination with immediate effect is permitted without the need for any prior warning.

11.6 A serious violation is a violation that is so severe that BBG cannot reasonably be expected to adhere to the contract.

11.7 As a rule, BBG cannot reasonably be expected to adhere to the contract in the following cases:

1. When the user violates criminal laws;
2. When the user uses the app in an unauthorized manner (see § 4 above);
3. When the user provides false data when paying for premium services (see § 5).

11.8 In the event that BBG lawfully issues notice of termination for cause, BBG shall be entitled to charge an amount equivalent to 75% of the sum total of all fees the user would have had to pay during the term of the contract (including but not limited to services not yet provided by BBG, especially for virtual currency that have already been ordered) had the user terminated the contract within the set time limit. The user’s right to furnish proof that BBG has suffered no damage or considerably less damage remains unaffected. Insofar as the user has already received the service to be provided by BBG, there is no right to any refund. In particular, there shall be no refunds for virtual currency that the user has already ordered and received from BBG. Differing contract provisions belonging to the App Store shall take precedence.

11.9 BBG shall be granted an exceptional right of termination in the event that BBG loses the authority to operate the app. In this case, BBG may terminate all of the contracts relating to the operation and use of the app (such as the contract on the use of the app and/or the contract on the provision and use of premium features) with immediate effect. Other rights of termination shall remain unaffected. § 11.4 shall apply accordingly.

11.10. BBG shall be granted an exceptional right of termination in the event that BBG stops running the app. BBG may terminate all of the contracts relating to the operation and use of the app (such as the contract on the use of the app and/or the contract on the provision and use of premium features) with immediate effect. BBG will announce the date of the suspension of operations and the date up to which premium features can still be purchased 6 months in advance. Other rights of termination shall remain unaffected § 11.4 shall apply accordingly.

11.11 Notice of termination must be made in writing, whereas any message in text form shall be considered to be in compliance with the requirement of written form. The user must be informed of the reasons for the termination of the contract with immediate effect in writing at his/her request, provided they were not already stated in the notice of termination. No reasons for termination are required for ordinary termination of the contract. From the moment of deletion of user’s account further usage of the app will not be possible anymore until a new account is created.

§ 12 Changes to the Terms of Use

12.1 BBG reserves the right to change or expand on these Terms of Use with effect for the future at any time if it appears to be necessary and provided that it does not adversely affect the user under the principle of equity and good faith. A change may be especially necessary in order to make adjustments due to a change in the legal situation. New court decisions are also considered to be a change in the legal situation. Changes and further development of the app may also necessitate a change or addition to the Terms of Use.

12.2 Any changes or additions shall be announced in an appropriate manner in text form at least one month prior to the effective date of the change or addition.

12.3 The user shall have the right to object to the change or addition with BBG within one month from the publication of this notice. In the event of an objection in good time, both parties have the right to terminate the contract with immediate effect in accordance with this contract’s provisions on termination. Other rights of termination shall remain unaffected. If the user does not object to the change or addition within the stipulated period or he/she continues to use the services, the change or addition shall be deemed accepted and become part of the contract.

12.4 In its notice regarding the changes to the Terms of Use, BBG shall expressly point out the opportunity to object to changes and to terminate the contract, the time limit and the legal consequences, including but not limited to those relating to non-objection.

§ 13 Final provisions

13.1 If one party hesitates to enforce, delays or sets aside his or her rights under these Terms of Use or grants the other party time, these rights shall remain unaffected.

13.2 The users shall not be entitled to transfer their rights under this contractual relationship to third parties. This shall not apply if BBG has approved it in writing beforehand.

13.3 BBG will, failing an agreement to the contrary in the Terms of Use or any other agreement, usually get in contact with the user by e-mail. The user will ensure that e-mail messages from BBG reach him at the e-mail address he has specified during registration or subsequently submitted (changed) to BBG. The user is responsible for choosing and maintaining spam filter settings and for regularly checking all incoming e-mail sent to this address. Apart from that, BBG reserves the right to use another form of communication.

13.4 The contracts concluded based on these Terms of Use and all related claims shall be exclusively governed by the laws of the Federal Republic of Germany; the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

13.5 Should individual provisions of these Terms of Use be or become invalid, this shall not affect the validity of the remaining provisions.

13.6 Any amendments and additions to this usage contract as well as supplementary agreements must be in writing in order to be legally valid. This also applies to any changes to the requirement for written form. The requirement for written form does not apply to changes to these Terms of Use.

Munich, 24th of Mai 2018

BBG Entertainment GmbH
Cuvilliésstr. 14
81679 Munich
Germany

E-Mail: info@bbg-entertainment.com
Tel: +49 (0)89 35498-100
Fax: +49 (0)89 35498-499

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Privacy Policy

BBG Entertainment GmbH

Version: 2.0 as of 24th of May 2018

BBG Entertainment GmbH, represented by its President Stephan Berendsen, Cuvilliésstr. 14, 81679 Munich, Germany, telephone +49 89 354 98 100, e-mail: info@bbg-entertainment.com(hereinafter “BBG”), respects your right for privacy. BBG always endeavors to offer you an outstanding service for all products and services. In addition, BBG would like to provide Users of the offering with supplemental information concerning the handling of personal data by means of this Privacy Policy.

Of course, BBG will treat all personal data that a User transmits in the course of the business relationship in compliance with the applicable data protection provisions. The details about how BBG handles personal data can be found in this Privacy Policy.

1. Scope of application

This Privacy Policy is applicable to all websites operated by BBG as well as all BBG apps that can be loaded via the Apple App Store, Google Play Store, Amazon App Store Windows/Windows Phone Store, or other App Stores(“offering”) and is oriented towards Users of this offering (“Users”).

If other BBG offerings have differing privacy policies, the differing privacy policy published on the respective website or in the respective offering shall apply. The BBG offering might contain cross-references („links“) to other websites or offerings of third-party providers. By clicking on such a link, Users sometimes leave the websites or offerings of BBG and reach the websites or offerings of third parties, for which content, compliance with data protection or privacy policy, BBG assumes no responsibility. The processing of Users’ personal data is executed by the third party operating the website and offering the service. In particular, BBG is not responsible that the same data protection standards that are observed by BBG do apply on websites or offerings not operated by BBG. BBG has no influence on that process. This also applies to personal data entered by the User on third party websites or offerings which come through to BBG, e.g. when entering BBG’s Facebook profile. For this reason, Users should carefully read through the privacy policies of third party websites and offerings.

2. Personal data

“Personal data” are individual details about personal or objective circumstances of a specific or determinable natural person.These data include name, mailing address, birth date and gender as well as information through the use of the offering, e.g. game and exercise results and individual high scores the User achieves. Information that the User provides to other Users via the offering of BBG (e.g. photos, chat-contents) may also constitute personal data.

3. Collecting and Use of Data, Google Analytics, Social Plugins and Advertising

3.1 Data Processing when using the Offering and Downloading the App

3.1.1 Data processing and logging for internal system purposes and statistical purposes

BBG’s system automatically records information during the visit to and use of BBG’s offering which BBG uses to in case it is required to enable the use and recording of the offering, so called usage data. This might include data such as browser type, browser language, operating system of the device used, display resolution, language and time zone settings, User’s geographical origin, date and time of the visit, access time or the address of the pages visited, and potentially the User’s IP address and the domains from which the User is accessing BBG’s offering.

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, it is theoretical possible to determine the identity of the connection holder via the ISP. BBG stores the IP address of the User which he possesses during his registration, when logging in, when placing an order as well as in the event of the deactivation of the user account. BBG uses it to recognize the session in order to identify the User for the use of the offering and to provide appropriate settings during use of the offering until the browser is closed, for the defense against attacks, especially on the offering, as well as for the further development of the offering. Legal basis for the data processing and logging for the purposes stipulated in this section is article 6, paragraph 1, page 1 lit f) GDPR. BBG’s justified interest is the putting forward of an offering, the improvement of the offering to ensure the best possible user experience and comfort as well as IT system security.

3.1.2 Downloading the App

When the app is being downloaded, the following data are being transferred to the respective sales platform from which the app is being purchased (e.g. Apple App Store, Google Play Store, Amazon App Store and Windows Store): User name, e-mail address, customer account number, date and time of download, payment information, and the individual device number. The sole responsibility of logging these data sits with the provider of the respective platform. BBG only processes those data supplied by the platform provider which are required for the download.

3.2 Analysis of the Offering

3.2.1 Analysis of the Offering by Google Analytics

The offering of BBG uses Google Analytics, a web analytics service of Google LLC. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; „Google“). Google Analytics uses so-called “Cookies”, text files, which are stored on your computer and enable an analysis of the use of the offering by the User. By activating IP anonymization on this offer, the IP address of the User will however be shortened by Google within the member states of the European Union or other contracting states of the agreement on the European Economic Area. Only in exceptional cases will the full IP address be transferred to a server in the US and shortened there. Google will, on behalf of BBG, use the information to analyze the use of the offering by the User, in order to compile reports about the activities of Users on the offering and in order to provide further services associated with the use of the offering and the internet. Google will in no way combine the IP address of a User with other data of Google. Users can prevent the saving of cookies by a corresponding setting in the browser software; BBG however points out that in this case Users can if applicable not use all functions of the offering of BBG in full. The Users can object to the collection and use of their IP address by Google Analytics by downloading and installing the browser plugin available here:

http://tools.google.com/dlpage/gaoptout?hl=en.

Alternatively to using the browser plugin or within browsers on mobile devices, Users can click on the following link to prevent the collection by Google Analytics in the future:

https://tools.google.com/dlpage/gaoptout?hl=en

Thereby, an opt-out-cookie will be placed on your device. In case Users delete the cookies, they will have to click the link again.

BBG informs its Users that the BBG offering is amended by Google’s offering of the Google Analytics’s Code „gat._anonymizeIp();“, to ensure the anonymization of logged IP-addresses, whereas the anonymization already takes places within the EU.

Additional information on Google’s data processing is available in Google’s Privacy Policy at:

https://www.google.com/policies/privacy/.

BBG uses Google Analytics in order to analyze the use of its offerings and to continuously optimize it, making it more interesting for Users as per findings from reviewing the statistics.

For transmitting to the USA, there is a ruling about its adequacy by the EU-Commission (Nr. 2016/1250), for companies, which meet certain criteria and an adequate protection level; also known as “EU-US Privacy Shield”.  These companies are listed in the so called “Privacy Shield List” or “Privacy Policy List”. Google is among the companies listed. Die transmission to Google in connection with Google Analytics is based on articles 45 and 28 GDPR.

Legal basis for the data processing and logging for the purposes stipulated in this section is article 6, paragraph 1, page 1 lit f) GDPR. BBG’s justified interest is the improvement and development of the offering.

3.2.2 Analysis of the Offering by AddApptr

Parts of the offering may be financed by advertising. For offering and providing, advertising financed, services, Users are shown advertising during the use of the offering based on the analysis of the User’s data in order to finance the offering instead of Users paying for the offering. In order to enable advertising based on monitoring User behavior (session duration, time, etc.) BBG uses the tracking system AddApptr of AddApptr GmbH, Mittelweg 24d, 20148 Hamburg, Germany. This accesses the device ID. There neither is an assignment to an individual’s identity nor to the device ID.

Through using the offering, AddApptr GmbH receives aforementioned data to place advertising based on the usage. Further information on AddApptr GmbH are available on www.addapptr.com.

Additional information on AddApptr’s data processing is available in AddApptr’s Privacy Policy at:

https://www.addapptr.com/data-privacy

Legal basis for the usage of and by AddApptr is article 6, paragraph 1, page 1 lit f) GDPR. BBG’s justified interest is the financing of the offering in order for it be free of charge for Users.

3.3 Analysis of Usage Behavior for Scientific and Commercial Purposes

In the course of the performance of the contractual relationship between BBG and the User, BBG analyses the usage behavior and the usage results of the User for the respective User (please refer to number 3.6 for more detail). Besides that, BBG may collect and store anonymized data about User activity and results with BBG’s offerings for scientific and commercial purposes and to improve the offering.

Data will be analyzed statistically with respect to usage data (e.g. date and time, time and extent of usage including individual exercises being played and the User’s results), age, gender and geographic location of the respective User. BBG uses special software for this purpose. All data is analyzed anonymously and is deleted on a regular basis. The results of these statistics help BBG improve the quality of its products and services.

3.4 Combination of Data

During the course of the contractual relationship between BBG and the User, BBG combines the Users’s statistical and personal data for the individual User (please refer to number 3.6 for more detail). Statistical data in this sense are the exercises selected or level, date and time, time and frequency of exercises or level, achieved exercise and game results, the User’s progress in the individual exercises or Leveln,

Besides that, statistical data will only be combined with personal User data, if this is necessary to prevent infringement or breach of contract. If BBG notices that a User is in violation of this agreement, BBG reserves the right to combine the IP Address of this User with other stored data about him in order to be able to notify him about his violation of this agreement. Legal basis for the combination of personal data is article 6, paragraph 1, page 1 lit f) GDPR. BBG’s justified interest is the prevention of infringement and breach of contract for using the offering and offerings through the offered products and services.

There is no automated decision making, inclusive of profiling, as article 22, paragraphs 1 and 4 GDPR, by BBG.

3.5 Cookies

BBG uses so-called “cookies.” A cookie contains information that the BBG offering sends to the User’s browser, which then stores the information on the User’s system. If cookies are used, BBG’s offering is able to note information about the User and his settings until the User closes the current browser window (so-called “session cookies”) or until the user deactivates or deletes the cookie or the validity of the cookie expires. BBG uses cookies for purposes as described below.

3.5.1 Session Cookies

BBG uses session cookies when Users use the BBG offering through a website provided by BBG. In this case, BBG’s web server automatically sends a session cookie to the User’s browser, which makes it easier for the User to navigate in the offering. The session cookie contains a value, by means of which the BBG software can determine which page is supposed to be displayed when the User clicks the “back” button in his browser. In addition cookies contain information about the User ID, which BBG automatically allocates to each User. The cookies also contain data about the language and territory selections of User. The cookie is deleted as soon as the User logs out or closes his browser session. These session cookies are used upon the User agreeing to their use as per article 6 paragraph 1, page 1, lit a) GDPR.

3.5.2 Other Cookies

Other cookies will be specifically used in connection with the usage of Google Analytics (see number 3.2.1) as well as the Social Media-Plugins (see number 3.8). For further information, please refer to the respective paragraphs of this Privacy Policy.

3.6 Contractual Relationship

BBG uses personal User data to the extent necessary for establishing, performing or ending of the contractual relationship with the respective Users. This is the case if, among other things, Users sign-up to register for BBG products and services or wish to utilize paid for BBG products and services via the BBG offering.

3.6.1 Reasoning

When the User registers, BBG collects User data entered upon the registration as well as additional personal data (user name, e-mail address and password for the user account, registration date, date and time of log-in), which BBG requires to quality the contract with the User about using the offering. The transmission of these personal data is not required legally but is needed for the contract about using the offering, respectively the products and services, to come into effect. Legal basis for the data processing is article 6 paragraph 1, page 1, lit b) GDPR.

Besides that, Users can, at or after the registration, voluntarily enter additional data in their user account (e.g. chosen user name, gender, birthday, address incl. state, as well as a photo of the User). The transmission of these personal data is neither legally required legally nor needed for the contract to come into effect. BBG process these voluntarily added data as per the Users agreement as per article 6 paragraph 1, page 1, lit a) GDPR.

3.6.2 Performance

To the extent necessary for the performance of the contractual relationship between BBG and the respective Users, BBG uses personal data of Users, for example, for the transmission or furnishing of products or services within the framework of the use contract that has been concluded and for the use possibilities in connection with the usage contract (e.g. support etc.), including acquiring additional services through in App purchase on the respective sales platform. BBG processes Users’ personal usage data (e.g. chosen user name, log-in date, date and time, time and extent of use of offering incl. individual exercise performed and exercise results) and combine them with the user account so that User’s personal data to offer the User functions of products and services as requested by the User.

This may include the display of the progress of the respective user or the comparison of results with other users, for example between friend lists and this specific User. For this purpose, BBG especially analyses User behavior and results and combines statistical with personal User data, as required to render the possible uses requested by the User. Legal basis for aforementioned data processing is article 6, paragraph 1, page 1 lit b) GDPR.

In addition, relevant personal data are used in order to gain knowledge of malfunctions or an abuse of BBG’s offering. Legal basis for aforementioned data processing is article 6, paragraph 1, page 1 lit f) GDPR.

If BBG collaborates with third parties, e.g. hosting companies, software developers, payment providers, for purposes of rendering the services, BBG will obligate them to observe the applicable data protection provisions and guarantee adequate data protection.

If the operation of the entire offering or a portion of the offering or a product or service of BBG, for which Users have registered, is transmitted to a third party in whole or in part (e.g. language versions), BBG is entitled to provide such third party with the Users’ personal data for the purpose of further operating or offering or portions of the offering or the product or service. Legal basis for transmitting personal User data is article 6, paragraph 1, page 1 lit f) GDPR. BBG’s justified interest is the commercial utilization of its offering. Of course, in case this happens, BBG will promptly inform the User about this proceeding.

3.6.3 Payment Process

Data required for purposes of processing payments will be logged and recorded. For Users acquiring a Premium-Account, BBG will record the User’s complete address information for tax purposes. Other data required for the processing payments (as far as needed for e.g. Direct Debit: account holder, account number, Bank or for Credit Card Payment: credit card holder, credit card company, card number and expiration date), will not be logged by BBG but directly by the contracted payment provider . BBG has no access to these data. The User’s address will be transmitted to BBG by the payment provider (including to the provider of the sales platform used to acquire the BBG App) during their invoicing process with BBG. BBG may transmit user data logged as result of the use of the offering to the contracted payment provider. Amongst other, BBG collaborates with Paypal S.à.r.l. et Cie, S.C.A., headquartered in Luxembourg and Moneybookers Limited headquartered in London and has entered into the required contractual agreements with these providers ensuring the protection of Users’ personal data. Legal basis for processing these data in connection with the payment process is article 6, paragraph 1, page 1 lit b) GDPR.

In order to process payments, BBG may also contract fraud management service providers resulting in a higher level of security for Users and BBG and to help better safeguard financial information. For this purpose, BBG may transmit data to the fraud management service provider. Legal basis for transmitting these data is article 6, paragraph 1, page 1 lit f) GDPR. BBG’s justified interest is the detection of fraud and abuse of its offering.

3.6.4 Termination

BBG also uses personal data of the respective affected parties in the course of the termination of the contractual relationship with a User to the extent necessary to wind up the obligatory relationship. Legal basis for processing these data in connection with the payment process is article 6, paragraph 1, page 1 lit b) GDPR.

3.7 Communication

User data can be used within the framework of communication. In this regard as well, BBG will adhere to standards set by applicable data protection regulations.

3.7.1 User inquires

BBG will record any personal data the User enters voluntarily, e.g. in case of User inquires, and process those data to handle the User inquiry. Legal basis for recording these data and using personal data is article 6, paragraph 1, page 1 lit b) GDPR, in case the User enters these data in order to close the contract with BBG. In other cases, the recording and usage is based on article 6, paragraph 1, page 1 lit f) GDPR, whereas BBG’s justified interest is the processing of the individual user’s inquiry.

BBG archives correspondence with Users with the objective of improving BBG’s products and services as well as BBG’s offering based on article 6, paragraph 1, page 1 lit f) GDPR. BBG’s justified interest is the improvement and development of the offering and all products and services being part of the offering.

3.7.2 Surveys

BBG 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 BBG. BBG processes personal data acquired through surveys exclusively with User consent based on article 6, paragraph 1, page 1 lit a) GDPR.

3.7.3 Communication between Users through the Offer

Users are able to communicate with each other about BBG’s offering, e.g. by using chat functions. The communication about BBG’s offering is volunteered by the individual User and is, as a general rule, not subject to any control of the contents by BBG. Nevertheless, BBG reserves the right to delete entries at its own discretion and to exclude Users from further use, in particular if entries contain elements which are relevant and constitute a case under criminal law or are not compatible with the principles, respectively objectives, of BBG. Legal basis for transmitting communication among Users as part of BBG’s offering is article 6, paragraph 1, page 1 lit b) GDPR.

3.8 Social Plugins

The offering of BBG uses so-called plugins of social networks. There is Facebook’s “Like” button on the social network facebook.com of Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”), the social network Google Plus’s “+1” button of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”), as well as buttons of the Twitter service of Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA (“Twitter”). This allows Users torecommendthis offeringto friends inFacebook,to otherusers of GooglePlusas well as followers onTwitter.For example, ifthe“Like“buttonis clicked, a message appears on the User’sFacebook pagethatthe User recommendouroffering. If the User clickstheGooglePlus „+1″ button, the recommendation appears on theUsers’s GooglePlusprofile orappears in the search resultsof the search engine“Google“.Moreover, the recommendation of BBG’s offeringmay be associatedwith the User’s profilename andthe profilephoto by third parties, which will be displayedon the Interneton websites andads. If Users send Twitter messages,it is possible toshare content of BBG’s offeringon Twitter, or to followuson Twitter.

For more detailed information for what purpose and to what extent Facebook, Google Plus and Twitter use your data as well as your rights with respect and settings options for protecting your privacy please refer to the Facebook privacy policy at https://www.facebook.com/about/privacy/, the privacy policy of Google Plus for the “+1” button http://www.google.com/intl/de/+/policy/+1button.html, and for further information on the privacy policy of Twitter under https://twitter.com/privacy.

Use of the aforementioned social plugins by Facebook, Google and Twitter is aimed at optimizing the offering to reflect Users needs and wishes. Using the Social Plugins is a User’s voluntary act.

Legal basis for using the social plugins explained below in more detail is the individual User’s consent communication as per article 6, paragraph 1, page 1 lit a) GDPR.

3.8.1 Facebook Plugin

If Users visit our offering, which contains a Facebook social plugin, the User’s browser or device establishes a direct connection to the servers of Facebook. The content of the social plugin is transferred directly by Facebook to the Users’ browser or device which embeds the latter into the offering. Therefore, BBG cannot influence the amount of data Facebook is collecting with the help of this social plugin and can only base any information on the knowledge it has: Facebook is, through the integration of the social plugin, aware which offering Users access. While Users are logged in to their Facebook account, Facebook can assign the Users’ visit to their Facebook account. If Users interact with the social plugin, such as click on the “Like” button or leave a comment, the corresponding information with this interaction is transmitted from Users’ devices directly to Facebook and is stored there. If a User has no account on Facebook the IP address will be, according to Facebook, anonymously stored in Germany. If a User has an account on Facebook and does not wish for Facebook to collect information about them through BBG’s offering, the User must log out on Facebook before visiting the offering.

For transmitting to the USA, there is a ruling about its adequacy by the EU-Commission (Nr. 2016/1250), for companies, which meet certain criteria and an adequate protection level; also known as “EU-US Privacy Shield”.  These companies are listed in the so called “Privacy Shield List” or “Privacy Policy List”. Facebook is among the companies listed. Die transmission to Facebook in connection with the social plugin is based on articles 45 GDPR.

3.8.2 Google +

If Users visit the offering, which contains Google’s social plugin, their device establishes a direct connection to the servers of Google. The content of the social plugin, the “+1” buttons, is transferred directly by Google to your device which embeds the latter into the offering. Therefore, BBG cannot influence the amount of data Google is collecting with the help of this social plugin and can only base any information on the knowledge it has. According to Google, it does not collect personal data collected, if Users do not click on the button. Concurringly, personal data are only collected and processed for members that are logged into their account including their IP address.

For transmitting to the USA, there is a ruling about its adequacy by the EU-Commission (Nr. 2016/1250), for companies, which meet certain criteria and an adequate protection level; also known as “EU-US Privacy Shield”.  These companies are listed in the so called “Privacy Shield List” or “Privacy Policy List”. Google is among the companies listed. Die transmission to Google in connection with the social plugin is based on articles 45 GDPR.

3.8.3 Twitter

If Users visit the offering which contains Twitter’s social plugin, their device establishes a direct connection to Twitter’s servers. The content of the Twitter buttons is transmitted from Twitter directly to the device of the User. Therefore, BBG cannot influence the amount of data Twitter is collecting with the help of this social plugin and can only base any information on the knowledge it has. Twitter only transmits your IP address and the text of the offering, when using the button or a Twitter message. It is not used for other purposes than the ones mentioned before, except for displaying the button or a Twitter message.

For transmitting to the USA, there is a ruling about its adequacy by the EU-Commission (Nr. 2016/1250), for companies, which meet certain criteria and an adequate protection level; also known as “EU-US Privacy Shield”.  These companies are listed in the so called “Privacy Shield List” or “Privacy Policy List”. Twitter is among the companies listed. Die transmission to Twitter in connection with the social plugin is based on articles 45 GDPR.

3.9 Advertising, market and opinion research

In addition to the degree which is admissible according to the statutory regulations BBG 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.

3.9.1 Information about the BBG Service per email

If Users declare their permission to use and process their email address, BBG will send the desired information to the respective Users, usually in the form of newsletters or invitations to participate in special offers or competitions.

In order to send newsletters or other information to Users per email (“Newsletter-Service”) BBG needs at least one valid email address of the User.

For the registration to the Newsletter-Service BBG uses the so-called double-opt-in procedure. In this procedure Users will only receive newsletters or other information after they have clicked on a special link for confirmation, which will be sent to their email address after their registration for the Newsletter-Service. This procedure should guarantee, that the respective User is the owner of the submitted email address. The confirmation through the special link has to be made within a short timeframe after the registration or the submitted email address will be deleted from BBG’s database. Until the owner of the email address confirms his wish to participate in the Newsletter-service, another registration with this email address for the Newsletter-Service will not be possible. Aforementioned newsletters or other communication pieces are send based on User’s consent as per article 6, paragraph 1, page 1 lit a) GDPR.

If the User has provided BBG with his email address during an existing customer relationship with him, BBG may send information about BBG, previously contracted services and services similar to those services which he had already contracted. Users can object to the use of their email address for the receipt of such BBG information in writing (e.g. by e-mail) at any time, without incurring transmission cost other than the delivery cost to convey the objection (at basic rates). BBG will inform the User in every newsletter and email about his rights and offer him the option to directly object to the receipt of further Newsletters or information.

Legal basis for processing the User’s personal data to send non-product related newsletters using personal data is article 6, paragraph 1, page 1 lit f) GDPR, whereas BBG’s justified interest is to advertise its own, similar products and services as part of the current customer relationship with the User. The User’s interests worthy of protection are sufficiently maintained as per §7 Sec. 3 of the “Law again Unfair Competition” (Gesetz gegen unlauteren Wettbewerb (UWG)).

3.9.2 Market research

BBG can use information stored about Users for internal surveys about demography, user interests, User interest and User behavior. This usage is carried out in an anonymized way. For purposes of advertising and market research, BBG can analyze information about Users in anonymized or aggregated form. If and insofar as BBG uses User data for creating User profiles it shall discontinue the usage if this is objected to by the respective Users. BBG uses data not anonymized nor aggregated based on article 6, paragraph 1, page 1 lit f) GDPR. BBG’s justified interest is to improve and develop the offering, products and services, of BBG.

3.10 Data transmission

BBG is entitled to transmit and store Users’ personal data to other member states of the European Union or within the European Economic Area for the purposes stated in this Privacy Policy, as far as the User consented to it or it being permitted by law. The transmission of personal data to countries outside or the European Union or the European Economic Area requires the explicit permission of the User or as far as permitted by law. Further details are available as part of the aforementioned description of services, which BBG utilized to put forward this offering.

BBG will not transmit any personal data to third parties in any unlawful way.

3.11 Special Terms for Professional Solutions

Parts of the offering may also be apps and software („Professional Solutions“), which are licensed to a licensee (e.g. medical personnel) to be used by the licensee’s customers (“End User”).

In that case, personal data are entered when setting up a User profile for the End User based on the data provided by the End User as well as further personal data (e.g. predetermined user name, e-mail address and the password for the User profile, registration date, date and time of logins). Transmitting these personal data is neither mandated legally nor is it a prerequisite to entering into a contract.

In addition, when using the Professional Solutions, personal usage data as mention under number #2 are being recorded (e.g. browser type, browser language, operating system of the device used, display resolution, language and time zone settings, users’ geographic location, date and time of last visit, time at accessing the site, visiting time and URLs of sites visited, possibly users’ IP address and domain from which Users access the BBG offering, information on the usage of the offering including exercise and game results as well as individual high scores by user).

On a case by case basis, the licensee may transmit additional personal data of the End User to BBG.

The logging and processing of all aforementioned personal data of the End User is executed as per the licensee’s briefing for the purposes stated by the licensee. Legal basis for logging and processing End Users’ personal data by BBG is article 6, paragraph 1, page 1 lit b) GDPR, whereas BBG is being active as the licensee’s provider of the job order as per article 28 GDPR. The legal basis for the logging and procession of Users’ personal is being determined by the licensee; only the licensee is responsible for this. For further information regarding the legal basis, one can inquire with the licensee.

Besides that, BBG will use personal data of the End User and those of the licensee regarding the usage of the Professional Solution only in an anonymized and aggregated form, without there being the option to trace them back to individuals. BBG will use the data only for its own purposes, in particular to calculate statistics being available as consulting information to the licensee and to optimize the Professional Solution and other offerings.

4. Data integrity and security

BBG endeavors to achieve a level of correctness of the stored personal data of Users that is corresponding to the current standards. For this purpose, BBG will take a precautionary measure by allowing individual persons reasonable access to the stored personal data of Users in order to check, correct or anonymize (if necessary), block or delete such data. Within the framework of BBG’s offering Users also have the opportunity, following authentication, to independently inspect and/or modify the data they have transmitted.

The protection of personal data that BBG has received from Users of the offering is an important component of the company philosophy of BBG. BBG protects personal data of Users of offerings of BBG against loss, abuse and modification by means of modern security measures of a physical, technical and administrative nature. All servers are hosted by BBG or selected partners, who can ensure the same data security as BBG and are obliged to comply with data protection law.

As is the case with all transmissions of data via the Internet, however, a residual risk also remains in the case of sending and receiving personal data.

BBG points out to Users that, in spite of the stringent requirements BBG places on data protection, all information that a User voluntarily releases via the Internet can also potentially be used by others. For this reason, BBG cannot assume any responsibility or liability for the disclosure of information as a result of errors in data transmission and/or unauthorized access by third parties.

5. User Rights

Each User has the right to inquire and receive information about their personal data being stored. More detail is available under number 6.

Each User has the right to the correction, blocking and deletion of his personal data in accordance with the statutory provisions. If the User does not undertake any amendment or deletion himself, BBG as well as the person responsible for the Privacy Policy at BBG are available at the address stated at the end of this Privacy Policy and are happy to receive corresponding applications. BBG will appropriately amend or, as the case may be, delete Users’ personal data of BBG’s offering as quickly as possible. BBG points out that, due to technical and organizational conditions, it is possible that, even after the request for amendment or deletion, some measures will still be carried out that have already begun, but have not yet been completely executed, after Users notified BBG of the request for deletion. BBG likewise points out, however, that deletion of User data is only possible if it is not precluded by legal provisions, particularly with respect to data storage timelines, data for billing and/or bookkeeping purposes.

Each User is at liberty at all times to object to the processing and use of his personal data for purposes of direct marketing and data analyses, which are based on article 6, paragraph 1, page 1 lit f) GDPR. In the instance of the last stated case, this applies only if BBG cannot prove reasons worthy of protection for processing, which outweigh the User’s interests, rights and freedom of choice or which are designed to claim, execute or defend legal claims (article 21, paragraph 1, GDPR).

In particular, Users can object to the use of their e-mail address for the receipt of newsletters and/or information of BBG at all times without cause and without incurring transmission cost for this purpose other than the delivery cost to convey the objection (at basic rates). BBG will clearly point out their right to objection to its Users both when collecting the email address as well as with each use in newsletters or other information.

If Users provide data concerning them and BBG processes these data based on Users’ consent, Users can demand to have BBG transmit the data to them in a structured, commonly used and machine-readable format or that these data are transmitted to another named responsible as far as that is technically feasible (so called Right of Transferring Data).

Each User consent to the use of his personal data can be freely revoked by the User at any point in time effective as of the time is was revoked.

In addition, the User can file a complaint against the data processing with the overseeing authorities if he believes it to be violating current law.

BBG as well as the person responsible for the Privacy Policy at BBG are available at the address stated at the end of this Privacy Policy for corresponding applications or, as the case may be, communication by Users

6.  Information

Users as well as third parties sometimes have a right to information with respect to the data gathered and stored by BBG.

In specific individual cases, BBG is entitled to give information or obligated to give such information to the competent offices on the basis of statutory provisions.

6.1  Users right to information

In response to a request by a User, BBG will at no charge give information concerning all personal data stored by BBG concerning him. In principle, such information is transmitted in electronic form (via email). Such Customer inquiries are to be directed to the address stated at the end of this Privacy Policy.

If the User takes advantage of this opportunity for the issuance of information via email, the stated email address (both sender and recipient) will not be used for any purpose other than the issuance of information and the documentation thereof.

6.2  Third Party´s Right to information

In individual cases, BBG can be entitled to inform third parties concerning personal data of the Users of offerings of BBG. BBG reserves the use of its right to give information in individual cases following detailed review and careful consideration.

If BBG is legally obligated to forward its data to local, state, national or international agencies, BBG will comply with such obligation.

In addition, BBG will disclose data to third parties if applicable statutes and regulations require so. In these cases, the disclosure, respectively transmission of information, is based on article 6, paragraph 1, page 1 lit c) GDPR.

Moreover, BBG can disclose information in order to review or prevent illegal activities or a suspicion of fraud or to initiate appropriate counter-measures or in order to enforce or apply the contracts of BBG. In these cases, the disclosure and the possible transmission to maintain aforementioned justified interest of BBG based on article 6, paragraph 1, page 1 lit f) GDPR may be required, and therefore legal.

7. Time to Storage

BBG processes and stores personal User data only as long as is required to provide the offering, respectively to achieve the purpose of the processing or to maintain the legally required time limits for storing data.

If the User registers for the BBG offering, BBG stores the relevant personal data until the User deletes his account unless there is a legally required time limit or a BBG has a justified interest requiring the data to be processed (e.g. the processing of outstanding payments or balances), that requires the data to be stored longer.

8.  Amendment of the Privacy Policy

BBG reserves the right to amend this Privacy Policy from time to time, but BBG will always observe the applicable statutes concerning data protection. BBG recommends that Users review the current Privacy Policy at the time of each visit to the BBG offering. BBG will naturally inform the Users in advance if it wishes to use the Users’ personal data to a greater extent than set forth in this Privacy Policy.

9.  Contact

Your interests are important to BBG. You can reach BBG as well as the person responsible for the Privacy Policy for processing personal data at BBG to discuss related matters at:

BBG Entertainment GmbH
Department: Data Protection
Cuvilliésstr. 14
81679 Munich
Germany

Email: datenschutz@bbg-entertainment.com