Data Protection Policy Blindflug

This Data Protection Policy describes the collection and further processing of personal data by Blindflug Studios AG, Fabrikstrasse 54, 8005 Zürich, Switzerland (hereinafter "Blindflug"). Blindflug attaches great importance to the protection of personal data and collects, processes and uses and personal data solely for providing and improving its products and services and in accordance with the principles described below and in compliance with the applicable data protection provisions. Personal data is all information relating to an identified or identifiable natural person, which includes, for example, your name as well as your postal and e-mail addresses.In the event that the activities covered by this notice are governed by other data protection policies, are evident from the circumstances, or are governed by applicable laws outside of the European Union and the European Economic Area, then such applicable law and resulting policies shall control. The term personal data shall include all information relating to an identified or identifiable person. This Data Protection Policy describes the general processing of personal data by Blindflug in Section A. Section B describes specific provisions for specific applications (e.g. payment, newsletter and personalized advertisement). If the user provides personal data of other persons (i.e. invitation of a friend) to Blindflug, the user should only provide such personal data if he is entitled to do so and in compliance with the applicable data protection regulations and only if the affected person agrees to said disclosure according to this data protection policy.

A. General Privisions

1. Data Controller, Data Protection Officer

The Data Controller in accordance with the Swiss Data Protection Regulations and the EU General Data Protection Regulation (GDPR) of every website, Smart device Application, presence on social media, multimedia portals, chatbots and any other user touchpoint of Blindflug (hereinafter each "Website") shall be Blindflug Studios AG, Fabrikstrasse 54, 8005 Zürich, Switzerland. Blindflug has not appointed a data protection officer according to article 37 GDPR.

2. Processing of personal data Blindflug collects and processes personal data of

  • users and registered users of a Blindflug registered Website (i.e. visitors, account holders etc.);
  • individuals purchasing and receiving/benefitting products and services of Blindflug;
  • potential users of the Blindflug products and services;
  • recipients of Blindflug newsletters;
  • participants in research campaigns and opinion surveys conducted by Blindflug (such as beta versions of Smart Device Applications etc.);

(together "Users").

The personal data of Users is generally collected directly by Blindflug while using any Website as well as through direct communication such as email, telephone or in any other way possible. Personal data can also be collected indirectly through social media sites or other third-party processors (e.g., Blindflug’s Partners (as defined further below, including but not limited to dealers, suppliers and other business partners).

In particular, the following categories of personal data are processed by Blindflug:

  • Personal data including but not limited to first and last name, email address, address, player's pseudonym residence, telephone number, age, date of birth;
  • Data pertaining to orders and purchases including but not limited to billing address, products and services ordered and purchased, information and queries and complaints relating to products and services, User care, rescissions and disputes;
  • Geo-Tracking Data including but not limited to routes, locations, duration of stay:
  • Data in connection with marketing and communication , including but not limited to information relating to newsletter and other communication channels, opt-ins and opt-outs, invitations to and participations at events and special activities, communication preferences, correspondence and communication with Blindflug (including records of the communication); personal preferences and interests and User segmentation information;
  • Data concerning the use of the Website including but not limited to the IP address and other user identification (e.g. user name of social media, MAC address of devices, cookies, beacons, etc.), date and time of Website visits, visited sites and contents, and referring websites;
  • Data in connection with communication including but not limited to preferred means of communication, correspondence and communication with Blindflug (including records of the communication);

(together "User Data")
In addition, Blindflug collects:

  • Personal Data of employees of partners dealers, retailers, suppliers and further business partners of Blindflug ("Partner Data") including but not limited to contact details, function, previous contacts, marketing activities (e.g. newsletters etc.), business transactions, requests, offers, tenders, conditions and contracts, professional or other interests of the individuals.

In the course of business, Users will be required to provide User Data necessary regarding the products and services or if required by law. Without this data, Blindflug will not be able to render its products and services to the User. This provision shall analogously apply to Partner Data.

Any access to the Website is logged, therefore Blindflug collects any data regarding the usage and User journey of and through the Website which cannot be deactivated by the user of the Website.

3. Purpose of processing and legal grounds
3.1 Purpose of data processing

In particular, but not limited to, and in accordance with the applicable law, Blindflug may process personal Data for the following Purposes:

  • In connection with products and services offered, conclusions of contracts, executions of contracts, maintenance and development of User relations, communication, Customer service and support, promotions, advertisement and marketing (including newsletters and mailing of promotional materials), communication, invitation to events and participation in promotions, organization of joint activities with Partners;
  • Management of the Users and other activities, operation, maintaining and developing the Website (including the provision of functions which require identifiers or other personal data) and additional IT systems;
  • protection of Users, employees and other individuals and protection of data, secrets and assets of and entrusted to Blindflug as well as the protection and security of systems and premises of Blindflug;
  • compliance with legal and regulatory requirements, including the internal rules of Blindflug, enforcement and exploitation of legal rights and claims, defense against legal claims, litigation, complaints, combating abusive conduct, engaging in legal investigations and proceedings and responding to inquiries of public authorities;
  • sale or acquisitions of business divisions, companies or parts of companies and other corporate transactions and the transfer of personal data associated therewith; and
  • for other lawful purposes where such processing was evident from the circumstances or indicated at the time of the collection.

(together the "Purpose of Data Processing").

3.2 Legal grounds of Data processing

Blindflug uses the personal data for the Purpose of Data Processing based on the following legal grounds:

  • performance of contracts;
  • compliance with legal obligations of Blindflug;
  • consent of User (can be withdrawn at any time);
  • legitimate interests of Blindflug, including but not limited to
    • purchase and rendering of products and services;
    • advertising and marketing activities;
    • efficient and effective User support, maintenance of contact and other communication with Users;
    • understanding User behavior, activities, concerns and needs, market studies;
    • efficient and effective improvement of existing products and services as well as development of new products and services;
    • efficient and effective protection of User data, secrets and assets of and entrusted to Blindflug as well as the protection and security of systems and premises of Blindflug;
    • maintenance and security, efficiency of business and development, Websites and IT systems;
    • reasonable corporate governance and development;
    • compliance with legal and regulatory requirements and internal rules of Blindflug;
    • prevention of fraud, offences and crimes as well as related investigations, handling of claims and actions against Blindflug, legal proceedings, cooperation with public authorities, legal actions.

4. Transfer and Disclosure of Data

In accordance with applicable data protection laws, Blindflug may transfer personal data, to the following categories of commissioned data processors:

  • service providers;
  • dealers, retailers, suppliers and other business partners;
  • local, national and foreign authorities;
  • acquirers or parties interested in acquiring business units, companies or other parts of Blindflug;
  • other parties in potential or actual legal proceedings;
  • other Group companies of Blindflug.

(together "Commissioned Data Processors"). Blindflug may disclose personal data to Commissioned Data Processors and to any country worldwide, including namely all countries in which Blindflug is represented by Group companies, affiliates or other offices and representatives as well as to countries in which service providers of Blindflug process their data. If data is disclosed to countries without an adequate protection, Blindflug shall ensure an adequate protection of the transferred User data or Partner Data (e.g. by EU standard clauses, binding corporate rules, EU-U.S. and/or the Swiss-U.S. Privacy Shield Framework).

5. Data Retention

In general, Blindflug retains personal data for no longer than it is necessary for the purposes for which the personal data are processed. Notwithstanding the general principle, Blindflug may process personal data for longer periods subject to the following rules and obligations: Blindflug retains personal data as long as Blindflug (i) is obligated to do so (by way of contract, law or other provisions) or (ii) has an overriding interest (e.g. an interest for reasons of proof in case of claims, documentation of compliance with certain legal or other requirements). Deviating rules are reserved with respect to anonymization or pseudonymization of personal data subject to applicable law.

Blindflug retains contract related personal data (including business records and communication) as long as the contractual relation is in force and for ten years after termination of the contractual relationship unless (i) a shorter or longer statutory storage obligation is applicable, (ii) the retention is required for reasons of proof or another valid reason based on applicable law, or (iii) the deletion of the data is required earlier.

Log files are retained for 12 months.

6. Cookies, Tracking and Social Plug-Ins 6.1 Cookies

Blindflug uses cookies on its Websites.

Blindflug uses cookies to learn more about the way a User interacts with the Website in order to improve the User's experience when visiting the Website.

Blindflug uses session cookies that are automatically deleted when the Website is closed and that enable the server to establish a stable connection to the User (e.g. that the user doesn’t lose already entered date) while the User is using the Website. Blindflug also uses permanent cookies that are only deleted after a per Website specified time.

Permanent cookies are used to remember the preferences of the User on the Website and remain on the User's device even after the browser is closed or the device is restarted. Blindflug uses these cookies to analyze user behavior and to determine visit patterns so that the Website functionality can be improved for all Users.

Cookies do not cause any damage and do not contain any viruses. If the User nevertheless does not wish cookies to be set, browser settings can be changed that cookies are only created or generally rejected with the consent of the User.

Please note, however, that if cookies are not allowed or rejected on the Website, some functionalities may be restricted or unavailable.

Blindflug is entitled to install a code in transactional emails, newsletters and other marketing emails to determine whether the recipient has opened an email or downloaded images contained in the email. However, the recipient can block this application in his or her email program. In any case, the recipient agrees to the use of this technology by receiving newsletters and other marketing e-mails.

If Blindflug places third-party advertising on the Website (e.g. banners) or intends to place its own advertisement on a third party's website, cookies may be used by companies specializing in the use of this advertising. Blindflug does not pass on any personal data to such companies, i.e. third parties merely place a permanent cookie with the Users of the Website to recognize users. This is in the sole interest of Blindflug and enables Blindflug to place targeted advertisements for these persons on the websites of third parties (e.g. in connection with products for which these persons have shown interest in the online shop). Blindflug does not pass on any personal data to the operators of external websites.

6.2 Analytic Tools

6.2.1 Facebook Pixel and Custom Audience

Blindflug uses the Facebook Pixel of the social network Facebook, 1601 South California Avenue, Palo Alto, CA 94304, USA. When visiting the Website, a direct connection is established between the User's browser and the Facebook server via the Facebook pixel. Facebook receives the information that the user has visited the website with their IP address. This enables Facebook to associate the visit to the website with the User's account. The information obtained can be used to display Facebook Ads or for tracking functionalities. Please note that Blindflug is not aware of the content of the transmitted data and its use by Facebook. Further information can be found in Facebook's data protection declaration at https://www.facebook.com/about/privacy.

Facebook Pixel are used to display Facebook ads to users who have shown interest in certain products and services of Blindflug or certain topics or products through visiting other websites. By using the Facebook Pixel, Blindflug tries to make sure that only potential Users of Blindflug products and services are shown advertisements of Blindflug accordingly. In addition, Blindflug may have the possibility to see statistics of the conversion rate of its advertisements.

6.2.2 Google Tag Manager and Google Analytics

The Website uses Google Tag Manager and Google Analytics, a web analysis service provided by Google Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on the user's computer, to help the Website analyze how users use the Website. The information generated by cookies about the use of the Website is generally transferred to a Google server in the USA and stored there. However, if IP anonymization is activated, the IP address of the user will be shortened by Google in advance within member states of the European Union or in other states of the European Economic Area. Only in exceptional cases the full IP address will be transmitted to a Google server in the USA and shortened there. On behalf of the operator of the Website, Google will use this information to evaluate the use of the user of the Website, to compile reports on website activities and to provide further products and services associated with website and Internet use to the website operator. The IP address transmitted by the user's browser as part of Google Analytics is not merged with other Google data. The user may refuse the use of cookies by selecting the appropriate settings on his browser, however please note that if you do this you may not be able to use the full functionality of the Website. In addition, the user can prevent the collection by Google of the data generated by the cookie and relating to the use of the website by the user (including your IP address) and the processing of this data by Google by the user downloading and installing the browser plug-in available under the following link (http://tools.google.com/dlpage/gaoptout?hl=en).

Further information on terms of use and data protection can be found at http://www.google.com/analytics/terms/de.html or http://www.google.com/intl/de/analytics/privacyoverview.html.

6.3 Social Plug-ins and Social Sign-Ups

The Website uses social plugins, e.g. from Facebook, Twitter or Google+ and may offer the possibility to sign up via Facebook or Google. The plugins are marked with the logo of the provider and can be e.g. "Like" buttons or a Twitter button or Google+ button.

If the User uses a Website that contains such a plugin, its browser establishes a direct connection with the servers of the respective provider. The content of the plugin is transmitted directly from the provider of the plug-in to the browser of the User and integrated into the Internet site of the latter. By integrating the plug-ins, the respective provider receives the information that the User has visited the Website. If the User is logged in to the Provider's site at the same time, the provider can assign the visit to the profile of the User. If the User interacts with the plugins - for example, by clicking the "Like" button or commenting - the corresponding information is transmitted directly from the User's browser to the provider and stored with the provider's premises.

If the User does not want the provider to collect data about him via the Website, he must log off from the provider's services before visiting the Website. Even when logged out, the providers collect anonymous data via the social plugins and set a cookie for the User. This data can be assigned to the corresponding profile if the User logs on to the provider later.

If a login (Social Sign-Up) is offered via a social login service - e.g. Facebook Connect or Google - data is exchanged between the provider and the Website. With Facebook Connect, for example, transferred data contains data from the public Facebook profile of the User. By using such login services, the User expressly consents to the transfer of data to the respective provider.

The purpose and scope of the data collection and the further processing of the data by the provider as well as the relevant rights and setting options for the protection of privacy can be found in the privacy notices of the providers.

  • Facebook Ireland Ltd. or Facebook Inc.: http://de-de.facebook.com/policy.php
  • Google Inc.: http://www.google.de/intl/de/privacy/plusone/
  • Twitter Inc.: http://twitter.com/privacy

If the User does not want the providers to collect data via these cookies, the User can select the function "Block third-party cookies" in his browser settings. In such case, the browser will not send cookies to the server for embedded content from other providers. With this setting, other functions of the Website may no longer work.

6.4 Other Tools and Applications

The Website uses Google Maps as an Application to provide location products and services to the User. By using the Website, the User declares to agree the collection and processing of automatically processed data by Google Inc., its agents and representatives and third parties. Terms and Conditions of Google Maps can be found at https://www.google.com/intl/ch-de/help/terms_maps.html.

7. Commissioned service providers and third parties

In order to ensure a convenient experience, Blindflug may cooperate with service providers (or third parties) for payment, Customer service, programming, testing etc. Using these service providers, Blindflug may transfers data to the following companies for the purpose described:

  • Google Play Store, Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; Distribution and Sales partner;
  • App Store, Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA; Distribution and Sales partner;
  • Playfab Inc., One Microsoft Way, Redmond, Washington 98052, USA; Player Authentication and linked accounts, Storing and managing of player data;
  • Unity Technologies, 30 3rd Street, San Francisco, CA 94103, USA; Platform provider.

8. Rights of the Users, visitors and partners

Any affected individual may request information from Blindflug if data concerning them is being processed. In addition, any affected individual has the right to request the correction, deletion or restriction of its own personal data as well as to object to the processing of its own personal data per se. Should the processing of personal data be based on consent, the affected individual may withdraw such consent at any time.

Request shall be submitted to

Blindflug Studios AG
Data Protection
Fabrikstrasse 54
8005 Zürich
Switzerland
info@blindflugstudios.ch

Blindflug reserves the right to restrict the rights of the affected individual in accordance with applicable law and e.g. not to disclose comprehensive information or not to delete data.

In the event that Blindflug makes an automated decision with respect to a certain individual which may have a legal effect for the affected individual or seriously affect him or her in a similar way, the affected individual shall have, in accordance with applicable law, the right to communicate with Blindflug and to request a reconsideration of the decision or to request the prior evaluation by Blindflug. In such case, the affected individual may no longer be able to use certain automated products and services. The individual will be informed thereof subsequently or separately in advance.

Any affected individual may also raise a complaint with the competent data protection authority, which in the case of a Blindflug is the Federal Data Protection and Information Commissioner in Switzerland ( http://www.edoeb.admin.ch) or the respective data protection authority in the user's country of residence.

9. Changes to this Data Protection Policy

Blindflug reserves the right to amend this Data Privacy Notice at any time and without prior notice or announcement. The latest version posted on the Blindflug Website shall be applicable.

Blindflug shall inform the affected person of any update or amendments by email or in another appropriate manner.

The amendments shall be deemed to have been accepted unless the affected individual objects within 30 days of notification. In case of objection Blindflug shall be free to terminate any agreement with the affected individual with immediate effect.

B. Specific Provisions

The provisions of section A hereinabove shall be supplemented by the following provisions for certain activities of Blindflug. The provisions of this Section B shall take precedence.

1. Payment

Payments are not provided by Blindflug but only through third party providers. Blindflug does not collect and/or store any payment data such as credit card or bank account information or any other financial data other than the payment amount and date of the transaction itself as well as what product and/or service has been purchased. Any payment and the respective data are under control of the respective third party payment provider and the payment providers data protection policy shall unconditionally apply.

Blindflug does not take any responsibility whatsoever for such payment providers.

2. Newsletter and personalized advertisement

If agreed upon by the User, Blindflug may send newsletters or other commercial communications regarding its products and services to the User. Based on the information provided, Blindflug may personalize the information provided to the User that the User only receives information that Blindflug deems interesting and relevant to the User. For this purpose, Blindflug analyses the data including but not limited to information about age, gender, interests and preferences as well as other information collected and data that can be derived from linking various data of the User and otherwise.

Blindflug may send newsletters or other commercial communications in connection with its products and services to Users. In accordance with the applicable law, Blindflug reserves the right to do so without the prior consent of existing Users.

The User may at any time unsubscribe from any newsletters or other commercial communications on the Website or via the link provided in each mailing. The termination of one newsletter may not entail the termination of other newsletters.

Personalized advertising may also be placed during the visit of the Website. Each such personalized advertisement displayed is generated by Blindflug using cookies and other analytic tools (see section A. 6 above).