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ESL Gaming GmbH
Co-CEOs: Ralf Reichert, Craig Levine
Managing Directors: Ralf Reichert, Stefan Beitz
Registergericht AG Köln HRB Nr. 36678
USt-ID: DE216144739
Schanzenstrasse 23
51063 Köln
Germany
E-Mail: info@eslgaming.com
Alternative Dispute Resolution in Consumer Matters:
According to the Act on Alternative Dispute Resolution in Consumer Matters (German: Verbraucherstreitbeilegungsgesetz), the possibility of an alternative dispute resolution in consumer matters through a consumer conciliation body is given. We are neither willing nor obliged to participate in such an alternative dispute resolution through a consumer conciliation body.
OS-Platform:
According to the EU-Regulation on consumer ODR, the EU-Commission provides a platform for out-of-court online resolution of disputes arising from online sales or services contracts (so-called: ODR platform). It can be reached under: http://ec.europa.eu/odr/. Our email address can be found in our imprint. We are neither willing nor obliged to participate in such a resolution.
External Content:
The content shown in the video players embedded on this website is controlled by ESL Gaming America Inc., 1212 Chestnut St, Burbank, CA 91506, USA. Therefore, we cannot assume any liability for such external content. However, as soon as an infringement of law or third party rights becomes known to you, please let us know. In this case, we will immediately remove the content in question.
Welcome to our privacy policy. We take the concerns of privacy very seriously and want to make sure that your privacy is protected whenever you use our service. Below we inform you about the nature, scope and purpose of the processing of personal data within our online offering and the related websites, features and content, as well as external online presence, such as web sites. our Social Media Profile (collectively referred to as "Online Offering").
Together with our Terms and Conditions and our Cookie Policy, this Privacy Policy constitutes the content of our agreement with you.
ESL Gaming GmbH, represented by the Managing Directors Ralf Reichert and David Neichel, Schanzenstraße 23, 51063 Cologne, Germany
Register Court: Disctrict Court Cologne, HRB 36678
E-Mail: info@eslgaming.com
Our data protection officer ("DPO”) is:
Dr. Christian Rauda
Jungfrauenthal 8
20149 Hamburg
E-Mail: dpo@eslgaming.com
- inventory data (e.g., name, address).
- contact data (e.g., e.mail, telephone number).
- content data (e.g., text inputs, photographs, videos).
- usage data (e.g., visited websites, interest in content, access times ).
- meta / data communication (e.g., device-information, ip-addresses).
Visitors and users of the online offer (in the following the affected persons are referred to collectively as "users").
- Provision of the online offer, its functions and contents.
- Answering contact requests and communicating with users.
- security measures.
- audience measurement / marketing
For the purposes of this Privacy Policy, "personal data" means any information relating to an identified or identifiable natural person (hereinafter the "data subject"). These include in particular your name, your e-mail address [and possibly your address and your telephone number]. Personal information also includes information about your use of our website. In this context, we collect personal information from you as follows: information about your visits to our website, such as the extent of the data transfer, the location from which you retrieve the data from our website, as well as other connection data and sources that you retrieve. This usually happens through the use of logfiles and cookies. Further information on log files and cookies can be found below and in our cookie policy.
"Processing" means any process performed with or without the aid of automated procedures or any such process associated with personal data. The term goes far and includes virtually every handling of data.
"Responsible person" means the natural or legal person or public authority or institution that decides, alone or in concert with others, on the purposes and means of processing personal data.
According to Art. 13 DSGVO we inform you about the legal basis of our data processing. If this is not mentioned, the following applies: The legal basis for obtaining consent is Art. 6 para. 1 lit. a and Art. 7 GDPR, for the processing for the fulfillment of our services and the performance of contractual measures as well as the answering of inquiries, this results from Art. 6 para. 1 lit. b DSGVO, for processing in order to fulfill our legal obligations Art. 6 para. 1 lit. c DSGVO, and for processing in order to safeguard our legitimate interests, Art. 6 (1) lit. f DSGVO. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d DSGVO as legal basis.
If, in the course of our processing, we disclose data to other persons and companies (contract processors or third parties), transmit them or otherwise grant access to the data, this is done exclusively on the basis of a legal permission (eg if a transmission of the data to third parties pursuant to Art Art. 6 para. 1 lit. b DSGVO is required to fulfill the contract), you have consented to the transmission, a legal obligation to do so or based on our legitimate interests (eg the use of agents, webhosters, etc.).
Insofar as we commission third parties to process data on the basis of a so-called "contract processing contract", this is done in accordance with Art. 28 GDPR.
If we process data in a third country (outside the European Union (EU) or the European Economic Area (EEA)) or if this is done in the context of the use of third party services or disclosure or transmission of data to third parties, this is done only if there is fulfillment of our contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or have the data processed in a third country only in the presence of the special conditions of Art. 44 et seq. DSGVO. This means that the processing is conducted e.g. on the basis of specific guarantees, such as the officially recognized level of data protection (e.g. for the US through the Privacy Shield) or compliance with officially recognized special contractual obligations (so-called "standard contractual clauses").
4. Your rights
You have the right to request a confirmation as to whether data concerning you are being processed and for information about this data as well as for further information and a copy of the data in accordance with Art. 15 GDPR.
In accordance with Art. 16 GDPR you have the right to demand the completion of the data concerning you or the correction of the incorrect data concerning you.
In accordance with Art. 17 GDRP, you have the right to demand that the relevant data be deleted immediately or, alternatively, to require a restriction on the processing of your data in accordance with Art. 18 GDPR.
You have the right to demand that the data relating to you that you provide us in accordance with Art. 20 GDRP be obtained and request their transmission to other responsible persons.
You also have according to Art. 77 GDRP the right to file a complaint with the competent supervisory authority.
You have the right to withdraw a granted consent according to Art. 7 para. 3 GDRP with effect for the future. For this purpose it is sufficient to send an e-mail to the following address: privacy@eslgaming.com
You can object to the future processing of your data in accordance with Art. 21 GDPR at any time. The objection may in particular be made against processing for direct marketing purposes. You should address your withdrawal to us as follows: via e-mail to: privacy@eslgaming.com
After you have revoked your consent, we will use your information solely to provide you with information about our service and we will refrain from submitting any further advertising to you.
5. Cookies
"Cookies" are small files that are stored on users' computers. Different information can be stored within the cookies. A cookie is primarily used to store the information about a user (or the device on which the cookie is stored) during or after his visit to an online offer. Temporary cookies, or "session cookies" or "transient cookies", are cookies that are deleted after a user leaves an online service and closes his browser. In such a cookie, e.g. the contents of a shopping cart are stored in an online store or a login jam. The term "permanent" or "persistent" refers to cookies that remain stored even after the browser has been closed. Thus, e.g. the login status will be saved if users visit it after several days. Likewise, in such a cookie the interests of the users can be stored, which are used for range measurement or marketing purposes. As a "third-party cookie", cookies will be offered by providers other than the person responsible for the online offer (otherwise, if only the cookies are called "first-party cookies").
We can use temporary and permanent cookies and clarify this separately as part of our cookie policy.
If you do not want cookies to be stored on your computer, you can disable the corresponding option in the system settings of your browser. Saved cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.
A general objection to the use of cookies used for online marketing purposes can be found in a variety of services, especially in the case of tracking, via the US website http://www.aboutads.info/choices or the EU page http://www.youronlinechoices.com/ be explained. Furthermore, the storage of cookies can be achieved by switching them off in the settings of the browser. Please note that you may not be able to use all features of this online offer.
You can find more information in our cookie policy.
6. Deletion of data
The data processed by us are deleted or limited in their processing in accordance with Articles 17 and 18 GDPR. Unless explicitly stated in this privacy policy, the data stored by us are deleted as soon as they are no longer required for their purpose and the deletion does not conflict with any statutory storage requirements. If the data is not deleted because it is required for other and legitimate purposes, its processing will be restricted. This means that The data is blocked and not processed for other purposes. This applies, for example for data that must be kept for commercial or tax reasons.
According to legal requirements in Germany the storage takes place especially for 6 years according to § 257 Abs. 1 Nr. 2-3, Abs. 4 HGB (trading books, inventories, opening balance sheets, annual accounts, trade letters, accounting documents, etc.) and for 10 years according to § 147 para. 1 AO, §§ 257 para. 1 no. 4, para. 4, 238 HGB (books, records, management reports, accounting documents, commercial and business letters, documents relevant for taxation, etc.).
7. Business-related processing
In addition we process
- conctracual data (eg., Subject of contract, duration, customer category).
- payment data (eg., Bank details, payment history)
from our customers, prospects and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.
8. Hosting
The hosting services we use are for the purpose of providing the following services: infrastructure and platform services, computing capacity, storage and database services, security and technical maintenance services we use to operate this online service. Here we, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties and visitors to this online offer on the basis of our legitimate interests in an efficient and secure provision of this online offer acc. Art.6 para. 1 lit. f GDRP i.V.m. Art. 28 GDRP (conclusion of contract processing contract).
9. Collection of access data and log files
We, or our hosting provider, collects on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. GDRP Data on every access to the server on which this service is located (so-called server log files). The access data includes name of the retrieved web page, file, date and time of retrieval, amount of data transferred, message about successful retrieval, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider.
Logfile information is stored for security purposes (for example, to investigate abusive or fraudulent activities) for a maximum of 7 days and then deleted. Data whose further retention is required for evidential purposes shall be exempted from the cancellation until final clarification of the incident.
10. Provision of contractual services
We process inventory data (e.g., names and addresses as well as contact information of users), contract data (e.g., services used, names of contacts, payment information) for the purpose of fulfilling our contractual obligations and services in accordance with Art. Article 6 (1) (b) GDPR. The entries marked as obligatory in online forms are required for the conclusion of the contract.
The deletion of the data takes place after expiration of legal warranty and comparable obligations, the necessity of the storage of the data is checked every three years; in the case of legal archiving obligations, the deletion takes place after its expiration. Information in the customer's account remains until it is deleted.
11. contact
When contacting us (for example, by contact form, e-mail or via social media) your details for processing the contact request and their processing acc. Art. 6 para. 1 lit. b) GDRP processed. The information can be stored in a Customer Relationship Management System ("CRM System") or comparable request organization. We delete the requests, if they are no longer required. We check the necessity every two years; Furthermore, the legal archiving obligations apply.
12.1. Newsletter
Below we would like to inform you about the content of our newsletter as well as the registration, shipping and statistical evaluation procedures as well as your right of withdrawal. By subscribing to our newsletters, you agree to its receipt and the procedure described below.
Consent to receive the newsletter: We only send newsletters with the consent of the recipient or a legal permission. Insofar as the contents of a newsletter are concretely described, this is decisive for your consent. Incidentally, our newsletter contains information about our services and us.
Double opt-in and logging: Registration for our newsletter is done in a so-called double-opt-in procedure. After registration, you will receive an e-mail asking you to confirm your registration. This is necessary so that nobody can log in with external e-mail addresses. Registration for the newsletter will be logged in order to prove the registration process according to the legal requirements. This includes the storage of your registration and confirmation time, as well as your IP address. Likewise, a change of your stored data is logged.
Credentials: To sign up for the newsletter, you must enter your e-mail address. Optionally, we kindly ask you to provide your first name as well as surname for personal address in the newsletter.
The dispatch of the newsletter and the associated performance measurement is based on your consent in accordance with. Art. 6 para. 1 lit. a, Art. 7 GDRP in connection with § 7 Abs. 2 Nr. 3 UWG or on the basis of the legal permission according to Art. § 7 Abs. 3 UWG.
The logging of your registration is based on our legitimate interests in accordance with. Art. 6 para. 1 lit. f GDRP. Our interest includes the use of a user-friendly and secure newsletter system that serves our business interests as well as meeting the expectations of users and allows us to provide evidence of consent.
You can terminate the receipt of our newsletter at any time, ie. withdraw your consent for the future. A link to cancel the newsletter can be found at the end of each newsletter. We may save the submitted email addresses for up to three years based on our legitimate interests before we delete them for the purposes of newsletter distribution, to provide proof of formerly granted consent. The processing of this data is limited to the purpose of a possible defense against claims. In the event that you desire a premature cancellation, you must confirm to us the former existence of a consent.
13.2. Newsletter - Shipping Service
The newsletters will be sent by MailChimp, a mail-order service provider of Rocket Science Group, LLC, 675 Ponce De Leon Ave # 5000, Atlanta, GA 30308, USA. You can view the privacy policy of the shipping service provider here: https://mailchimp.com/legal/privacy/. The Rocket Science Group LLC is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European data protection standards (https://www.privacyshield.gov/participant?id=a2zt0000000TO6hAAG&status=Active). The shipping service provider is based on our legitimate interests acc. Art. 6 para. 1 lit. f GDRP and a contract processing agreement acc. Art. 28 (3) sentence 1 GDRP.
The shipping service provider may use the data of the recipients in pseudonymous form, i.e. without assignment to a user, to optimize or improve their own services, e.g. for the technical optimization of shipping and the presentation of newsletters or for statistical purposes. However, the shipping service provider does not use the data of our newsletter recipients to address them themselves or to pass the data on to third parties.
13.3. Newsletter - measuring success
Included in the newsletter is a so-called "web-beacon", i.e. a pixel-sized file which is retrieved from our server when the newsletter is opened or from its server in the case of the use of a mailing service provider. As part of this call, technical information, such as information about the browser and your system, as well as your IP address and time of the call will be collected.
This information is intended to improve the technical performance of the service based on the technical data or the target groups and your reading behavior based on their call locations (which can be determined with the help of the IP address) or the access times. Likewise, it is determined if and when the newsletters are opened and which links are clicked. For technical reasons, this information can be assigned to the individual newsletter recipients. This is based on recognizing the reading habits of our users and adapting our content to them or sending different content according to the interests of our users.
14. Social Media
We maintain online presences within social networks and platforms in order to communicate with customers and users active there and to inform them about our services. When calling the respective networks and platforms, the terms and conditions and the data processing guidelines of the respective operators apply.
Unless otherwise stated in our Privacy Policy, users' data will be processed as long as they communicate with us within social networks and platforms, e.g. write posts on our online presence or send us messages.
15. Integration of services and contents of third parties
Based on our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 (1) lit. f GDRP), we make use of content or services offered by third-party providers in order to provide their content and services, such as including videos (hereinafter collectively referred to as "Content").
This always presupposes that the third-party providers of this content perceive the IP address of the users, since they could not send the content to their browser without the IP address. The IP address is therefore required for the presentation of this content. We endeavor to use only content whose respective providers use the IP address solely for the delivery of the content. Third parties may also use so-called pixel tags (invisible graphics, also referred to as "web beacons") for statistical or marketing purposes. The "pixel tags" can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user's device and may include, but is not limited to, technical information about the browser and operating system, referring websites, visit time, and other information regarding the use of our online offer.
15.1. Youtube
We embed videos on our website that are hosted on the YouTube platform, a service provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. We also have channels on the YouTube platform itself with our own video content and we can access certain information regarding our content from these channels over a so-called API (application programming interface). We use the YouTube API to retrieve information about our uploaded videos on YouTube (e.g. title or number of views) and to retrieve information about our YouTube live streams (e.g. live status of the channel, viewer numbers). Recipients of the information from the API can be our employees or freelancers responsible for working on or with the content of our respective YouTube channels. The information from the API is processed by us so we can check if the videos on our channels on YouTube are functioning correctly and so we can operate them in a reasonably efficient way and to ensure a better user experience, by knowing which videos interest people. These are legitimate interests of ours and the legal basis for the processing is Art. 6 para. 1 let. f) GDPR. The information from the API is stored by us for as long as our legitimate interests are given, which can depend on criteria such as the importance or popularity of the videos.
It is possible that Google also processes certain personal data of yours when you watch embedded videos on our website or content on our channels on the YouTube platform. For further information regarding this, please check the following links:
The YouTube Terms of Service (ToS) can be accessed here: https://www.youtube.com/t/terms
You can receive further information on data protection regarding YouTube from Google’s privacy policy which you can access here: https://policies.google.com/privacy
15.2. Facebook
We also use social plugins ("plugins") of the social network facebook.com, which is provided by Facebook Ireland, on the basis of our legitimate interests (analysis, optimization and economical operation of our online offer as defined in Art. 6 (1) lit. f GDRP) Ltd., 4 Grand Canal Square, Grand Canal Harbor, Dublin 2, Ireland ("Facebook"). The plugins can represent interaction elements or content (eg videos, graphics or text contributions) and can be recognized by one of the Facebook logos (white "f" on blue tile, the terms "Like" or a "thumbs up" sign) or are marked with the addition "Facebook Social Plugin". The list and appearance of Facebook Social Plugins can be viewed here: https://developers.facebook.com/docs/plugins/.
Facebook is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European privacy legislation (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
When a user invokes the feature that contains such a plugin, their device establishes a direct connection to the Facebook servers. The content of the plugin is transmitted by Facebook directly to the device of the user and incorporated by him into the online offer. In the process, user profiles can be created from the processed data. We have no control over the amount of data Facebook collects using this plugin.
By integrating the plugins, Facebook receives the information that a user has accessed the corresponding page of the online offer. If the user is logged in to Facebook, Facebook can assign the visit to his Facebook account. If users interact with the plugins, for example, press the Like button or leave a comment, the information is transmitted from their device directly to Facebook and stored there. If a user is not a member of Facebook, there is still the possibility that Facebook will find out and save their IP address. According to Facebook, only an anonymous IP address is stored in Germany.
The purpose and scope of the data collection and the further processing and use of the data by Facebook, as well as the related rights and setting options for the protection of your privacy, can be found in the privacy policy of Facebook: https://www.facebook.com/about/privacy/.
If a user is a Facebook member and does not want Facebook to collect data about him via this online offer and link it to his member data stored on Facebook, he must log out of Facebook and delete his cookies before using our online offer. Other settings regarding the use of data for advertising purposes are possible within the Facebook profile settings: https://www.facebook.com/settings?tab=ads or via the US-American site http://>www.aboutads.info/choices/ or the EU page http://www.youronlinechoices.com/. The settings are platform independent, i.e. they are adopted for all devices, such as desktop computers or mobile devices.
15.3. Twitter
Features of Twitter, a service provided by Twitter, Inc. 1355 Market St, Suite 900, San Francisco, CA 94103, USA, are included on our pages. By clicking on the Twitter button and the "Re-Tweet" function, the websites you visit are linked to your Twitter account and shared with other users. This data is also transmitted to Twitter. We point out that we as the provider of the pages are not aware of the content of the transmitted data and their use by Twitter.
More information can be found in the privacy policy of Twitter at: https://twitter.com/privacy?lang=en
Opt-Out: https://twitter.com/personalization.
15.4. Reddit
On our pages plugins of the social network Reddit (Reddit Inc., 520 Third Street, Suite 305, San Francisco, CA 94107, USA) are integrated. The Reddit plugins can be recognized by the orange Reddit smiley logo on our site. If you click on the Reddit Share button while logged in to your Reddit account, you can link the contents of our pages to your Reddit profile. This allows Reddit to associate your visit to our pages with your user account. We point out that we as the provider of the pages are not aware of the content of the transmitted data and their use by Reddit.
For more information, see the Reddit privacy policy at: https://www.reddit.com/help/privacypolicy If you do not want Reddit to associate visiting our pages with your Reddit user account, please log out of your Reddit user account beforehand.
15.5. Google+
On our pages are integrated plugins of the social network Google+, a service provided by Google LLC, 1600 Amphitheater, Parkway Mountain View, CA 94043, USA. The Google + plugins can be recognized by the G + logo on our site. If you click the "G + -Button" while you are logged into your Google + account, you can link the contents of our pages to your Google + profile. This allows Google to associate the visit of our pages with your user account. We point out that we as the provider of the pages are not aware of the content of the transmitted data and their use by Google.
For more information, please see the Google Privacy Policy at https://www.google.com/intl/en/policies/privacy/
If you do not want Google to associate your visit to our pages with your Goggle + user account, please log out of your Google + user account beforehand.
15.6. Twitch TV
Twitch TV plug-ins (Twitch Interactive, Inc., 225 Bush Street, 9 th Floor, San Francisco, CA 94104, USA) are integrated into our pages.
Privacy Policy: https://www.twitch.tv/p/legal/privacy-policy/
If you do not want Twitch to associate visiting our pages with your Twitch TV user account, please log out of your Twitch TV user account beforehand.
15.7. Fanmiles
On our pages plugins of Fanmiles (Fanmiles GmbH, Oranienstraße 6, 10997 Berlin Germany) are integrated.
Privacy Policy:
https://intercom.help/fanmiles/terms-of-use-and-privacy/
If you do not want Fanmiles to associate visiting our pages with your Fanmiles account, please log out of your Fanmiles account.
15.8. Fancams - Joint Controllership
What does joint controllership mean?
You can use your webcam or other device ("Fancam”) to film yourself watching our tournaments. Through this you can digitally come together with other fans and cheer for your team. To offer you this possibility, we ("we” stands in this privacy policy for ESL Gaming GmbH) cooperate with Discord Inc., 444 DeHaro Street, San Fracisco, California 94107, USA ("Discord”).
Discord and we jointly determine if and how personal data of yours ("you” means you as a Fancam user and data subject) is processed, when you upload your image, spoken word or other content ("Content”) to the Discord channel where you use your Fancam. Since we and our Partners each are controllers of your data when doing so, the working relationship is called a joint controllership.
Who processes which data and why?
We host the Fancam channel and encourage viewers to visit our Discord Fancam channel. Regarding this, we decide on if and how the Fancam Content is used (e.g. the image and spoken word of the viewers) and control the use of the material uploaded via a Fancam and are the initiator of the processing of personal data viewers provide through their Fancams over the digital channel provided by Discord. We process your personal data you upload via your Fancam (e.g. your nickname, image, spoken word and other content) for the following purposes:
- For broadcasting the event with an online audience (linear and digital) and creating a better experience for all viewers of the event when they see the fans of a team cheer and root for their team;
- To grant our viewers an interactive experience the tournament together with other fans, despite not being together at a venue;
- For marketing/advertising purposes connected to the event (e.g. creating ESL One trailers and ads);
- For protecting our artistic expression when creating great esports photo and video content;
- For fulfilling the interest of fans and the general public in esports by having a tournament with an audience;
- For the internal and external documentation and communication of the event.
These are our legitimate interests. The legal basis for this is Art. 6 para. 1 let. f) GDPR. We will store your personal data for as long as it is covered by such legitimate interests. The storage period is determined by the necessity of the establishment, exercise or defense of legal claims (Art. 17 para. 3 let. e) GDPR), especially regarding our intellectual property rights in the video and photo material (e.g. copyrights which expire after 70 years after the author’s death, as set out in sect. 64 of the German Act on Copyright and Related Rights (Urheberrechtsgesetz)). If you do not want your data to be processed, please do not use the Fancam channel. To object to the processing of your personal data after you have uploaded your Content, please let us know at: privacy@eslgaming.com.
Discord is the technical operator of the channel to which the Fancam Content is uploaded and through which it will be broadcasted. Discord processes personal data of Fancam users for its own purposes and not on behalf of ESL. This includes e.g. providing other technical infrastructure as needed and through this processing personal data such as usernames and IP-addresses for the functionality of the service or using data for its own analytical purposes. Please check Discord’s privacy policy regarding the details on how Discord processes your personal data in connection with its services.
Who is responsible for what?
Under the GDPR you have certain rights, namely:
- Right of information: You have the right to be provided information regarding the processing of your personal data by us, in accordance with Art. 13 and 14 GDPR.
- Right of access: You have the right to obtain confirmation as to whether or not we are processing your personal data and, if this should be the case, access to the personal data, in accordance with Art. 15 GDPR.
- Right to rectification: You have the right to obtain rectification of inaccurate or incomplete personal data concerning you, in accordance with Art. 16 GDPR.
- Right to erasure ("right to be forgotten”): Under certain circumstances you have the right to obtain the erasure of personal data concerning you, in accordance with Art. 17 GDPR.
- Right to restriction: Under certain circumstances you have the right to obtain the restriction of processing, in accordance with Art. 18 GDPR.
- Right to data portability: Under certain circumstances you have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and the right to transmit this data to another controller, in accordance with Art. 20 GDPR.
- Right to object: Under certain circumstances you have the right to object to the processing of personal data concerning you, in accordance with Art. 21 GDPR. This includes but is not limited to the right to object in cases in which we process your personal data on the legal basis of Art. 6 para. 1 let. f) GDPR.
- Right to lodge a complaint: You have the right to lodge a complaint with a supervisory authority, in particular in the Member State of the EU of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR (Art. 77 GDPR).
- Right to withdraw consent: If a processing of your personal data is based on your consent as set out in Art. 6 para. 1 let. a) GDPR or Art. 9 para. 2 let. a) GDPR, you have the right to withdraw your consent at any time, in accordance with Art. 7 para. 3 GDPR. Such withdrawal does not affect the lawfulness of processing based on consent before its withdrawal.
- Right to not be subject to a decision based solely on automated processing: You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you, as set out in Art. 22 para 1 GDPR.
We (ESL Gaming GmbH) are a contact point for you to exercise these rights of yours when we process your personal data in connection with the joint controllership. You can at any time of course also contact Discord to exercise your data subject rights via Discord’s in-app privacy settings and customer support functionality.
Discord and we can assist each other to comply with our obligations set out in the GDPR we may have towards you. Irrespective of this, the GDPR grants you the possibility to exercise your rights in respect of and against each of the joint controllers.
How is your data secured?
We have implemented technical and organizational measures to ensure a level of security appropriate to the risk presented by the processing in accordance with Art. 24 and 32 GDPR.
What happens in a case of a personal data breach?
In case of a personal data breach and if this breach is likely to result in a risk to your rights and freedoms, we will, if necessary, with the assistance of our Partners and without undue delay and, where feasible, not later than 72 hours after having become aware of it, notify the personal data breach to the competent supervisory authority. Should such breach likely result in a high risk for your rights and freedoms, we or - where required by article 34 GDPR - Discord will inform you about the personal data breach without undue delay.
Contact:
If you want to contact us to exercise your rights or if you have any questions for us regarding the use of your data, you can contact us via email:
privacy@eslgaming.com
You can also at any time contact Discord for this at: privacy@discordapp.com
Depending on your request, it is possible that Discord and we will forward your request to one another, should this be necessary to help each other out to answer your request or to get directly in touch with you for this purpose. The legal basis for this is Art. 6 para. 1 lit. f) GDPR, as we each have a legitimate interest in answering your inquiry effectively and satisfactorily for you. In case of a forward of your request, we and Discord inform each other about the matter to the extent necessary for answering your request.
16. Customer Service & User Requests
To communicate with you when you have questions or other requests regarding our products or events, we have implemented customer service channels (e.g. a chat function on our website) through which you can reach us. When you use this function to communicate with us, we process your email address so we can answer your request and any other personal data you may provide us when contacting us (e.g. you tell us your name, nickname or other information).
Recipients of the processed personal data are the respective internal employees and freelancers of ours that are responsible for pursuing our purposes for the processing.
The customer service functionality on our website is provided by Zendesk, Inc. that processes the personal data on our behalf. Since Zendesk, Inc. is established in the USA, we have concluded a data processing agreement with it including the EU Standard Contractual Clauses, which provide adequate guarantees to ensure data protection at European level.
Should we communicate with you via email, your personal data in that conversation will be processed by Google LLC and Google Ireland Limited on our behalf. Since Google LLC is established in the USA, we have concluded a data processing agreement with it including the EU Standard Contractual Clauses, which provide adequate guarantees to ensure data protection at European level.
Depending on the specific conversation with you, the personal data can either be processed in order to take steps at your request prior to entering into a contract with us or to perform a contract you have concluded with us. Also, the processing can be necessary for us to comply with legal documentation obligations. Also, the processing can be necessary for the purposes of our legitimate interest to respond to your request when you contact us and are not our contractual partner as well as to have proof regarding substantial content of our conversation, including but not limited to cases of potential legal claims on our or your side.
The legal basis for processing the personal data in order to take steps at your request prior to entering into a contract with us or to perform a contract you have concluded with us is Art. 6 para. 1 let. b) GDPR. The legal basis for processing the data for compliance with our legal obligations is Art. 6 para. 1 let. c) GDPR. The legal basis for processing the data due to our legitimate interest is Art. 6 para. 1 let. f) GDPR.
The data is stored at least for the time until our contract with you is fully performed. If the data has been stored in order to take steps at your request prior to entering into a contract with us, we will store the data for as long as reasons objectively exist to believe that the respective conversation will be continued within the foreseeable future. If your communication is considered a commercial or business letter under Sect. 147 para. 1 no. 2 of the Fiscal Code of Germany, it is stored for 6 years as set out in Sect. 147 para. 3 sent. 1 of the Fiscal Code of Germany. Should it be considered documentation according to Sect. 257 para. 1 no. 2 and 3 of the German Commercial Code, the storage duration also is 6 years and if it is considered documentation according to Sect. 257 para. 1 no. 1 and 4 of the German Commercial Code, the storage duration is 10 years, as set out in Sect. 257 para. 4 of the German Commercial Code.
If the data is also processed for another purpose set out in this privacy policy, the storage period regarding that purpose applies as well.
17. information about your rights
You can always ask for free which personal data we have stored about you. If your data is incorrect, we look forward to correcting it. Please inform us if your data has changed.
Information requests, complaints or suggestions concerning our data protection please send to the following address:
ESL Gaming GmbH
Schanzenstraße 23
51063 Köln
or via e-mail to:
privacy@eslgaming.com
If you have questions about data protection, you can also contact the data protection officer by e-mail privacy@eslgaming.com
Last Update: August 18th, 2020
In addition to the data mentioned in the privacy policy, cookies are stored on your computer when you use our website. Cookies are small text files that are stored on your hard drive assigned to the browser you are using and by which the body that sets the cookie (here through us), certain information flow. Cookies can not run programs or transmit viruses to your computer. They serve to make the Internet offer more user-friendly and effective overall.
1. Use of Cookies
This website uses the following types of cookies, the scope and operation of which are explained below:
| Cookie Name | Vendor | Duration | Justification | Third-Party |
|---|---|---|---|---|
| gs_* | GoSquared | 2 years | https://www.gosquared.com/customer/en/portal/articles/1647641-what-cookies-does-gosquared-use- | Yes |
| _ga | 2 years | Registers a unique ID that is used to generate statistical data on how the visitor uses the website | Yes | |
| _gid | 1 day | Registers a unique ID that is used to generate statistical data on how the visitor uses the website. | Yes | |
| _gat | 1 day | Used by Google Analytics to throttle request rate | Yes | |
| collect | Session | Used to send data to Google Analytics about the visitor's device and behavior. Tracks the visitor across devices and marketing channels. | Yes | |
| IDE | 1 Year | Used by Google DoubleClick to register and report the website user's actions after viewing or clicking on e of the advertiser's ads with the purpose of measuring the efficacy of an ad and to present targeted ads to the user. | Yes | |
| r/collect | Session | This cookie is used to send data to Google Analytics about the visitor's device and behavior. It tracks the visitor across devices and marketing channels. | Yes | |
| p.gif | Adobe | Session | Keeps track of special fonts used on the website for internal analysis. The cookie does not register any visitor data. | Yes |
| yt-player-headers-readable | Youtube | Persistent | Used to determine the optimal video quality based on the visitor's device and network settings. | Yes |
| GPS | Youtube | 1 day | Registers a unique ID on mobile devices to enable tracking based on geographical GPS location. | Yes |
| PREF | Youtube | 8 Months | Registers a unique ID that is used by Google to keep statistics of how the visitor uses YouTube videos across different websites. | Yes |
| test_cookie | Youtube | 1 Day | Used to check if the user's browser supports cookies. | Yes |
| VISITOR_INFO1_LIVE | Youtube | 8 Months | Tries to estimate the users' bandwidth on pages with integrated YouTube videos. | Yes |
| YSC | Youtube | Session | Registers a unique ID to keep statistics of what videos from YouTube the user has seen. | Yes |
| yt-remote-cast-installed | Youtube | Session | Stores the user's video player preferences using embedded YouTube video | Yes |
| yt-remote-connected-devices | Youtube | Persistent | Stores the user's video player preferences using embedded YouTube video | Yes |
| yt-remote-connected-id | Youtube | Persistent | Stores the user's video player preferences using embedded YouTube video | Yes |
| yt-remote-fast-check-period | Youtube | Session | Stores the user's video player preferences using embedded YouTube video | Yes |
| yt-remote-session-app | Youtube | Session | Stores the user's video player preferences using embedded YouTube video | Yes |
| yt-remote-session-name | Youtube | Session | Stores the user's video player preferences using embedded YouTube video | Yes |
| _fbp | 3 Months | Used by Facebook to deliver a series of advertisement products such as real time bidding from third party advertisers. | Yes | |
| fr | 3 Months | Used by Facebook to deliver a series of advertisement products such as real time bidding from third party advertisers. | Yes | |
| tr | Session | Used by Facebook to deliver a series of advertisement products such as real time bidding from third party advertisers. | Yes | |
| i/jot | Session | Sets a unique ID for the visitor, that allows third party advertisers to target the visitor with relevant advertisement. This pairing service is provided by third party advertisement hubs, which facilitates real-time bidding for advertisers | Yes | |
| i/jot/syndication | Session | Sets a unique ID for the visitor, that allows third party advertisers to target the visitor with relevant advertisement. This pairing service is provided by third party advertisement hubs, which facilitates real-time bidding for advertisers | Yes | |
| selecteddivision | TET | 1 Year | Remember preferred division (ie rankings) | No |
| langforward | TET | 1 Year | Remember preferred division (ie rankings) | No |
| PHPSESSID | TET | Session | Session ID | No |
| CookieConsent | TET | 1 Year | Storage of the acknowledgement of Cookies | No |
| cookie_notice_accepted | TET | 1 Month | Cookies acknowledged cookies | No |
| countdown | TET | Session | Keep track of the countdown | No |
| trp_language | TET | 1 Month | Saves the user's preferred language on the website. | No |
2. GOOGLE
In addition to the in para. 1 we use more cookies from Google.
2.1. Google Analytics: http://www.google.com/intl/en_uk/analytics/ Google Analytics is an analysis tool provided by Google. Google Analytics allows us to collect and analyze data. We use Google Analytics to obtain information about how users of our website find and how they use it. Google Analytics helps us to improve our website and to ensure that our website meets the needs of users. Google Analytics sends us anonymous information about the number of visitors to our website and the pages they visit. We do not transmit personally identifiable information collected by the cookie to third parties. The only information disclosed is such information that can not be linked to a particular user but, for example, such data that relates to the number of visitors associated with a particular advertising campaign. [The period over which the cookie is stored on the visitor's computer can vary from a few days to over a year, depending on how often the visitor visits our website.]
2.2.Google Adwords: http://www.google.com/intl/en/policies/technologies/ads/ We use Google Adwords, for example Google's platform for marketing. Google and third parties advertise on their websites that link to the ESLgaming website. Google uses cookies to track your ad's performance in order to measure advertising performance for advertisers. The moment the user clicks on an ad served by Google, the cookie is set for conversion tracking. If the user visits certain pages on the advertiser's website, Google and ESL can recognize that the user clicked on the ad and was redirected to that page. These cookies lose their validity after 30 days and are not used for personal identification. You can disable the use of cookies by Google by visiting the page that disables Google advertising.
2.3. Google Double Click: http://www.google.com/doubleclick/ Google Double Click allows us to obtain information related to our marketing campaigns. Google Doubleclick is a third-party cookie set by the google.com domain. It allows us to measure the efficiency of advertising campaigns, to tailor advertisements to the interests of visitors and to address advertising campaigns that are of importance to the visitor. As a result, Google DoubleClick allows us to personalize our ads by showing previous visitors to the ESLgaming website ads on websites other than the ESLgaming website. There will be no personal information about our visitors, which are collected by the cookie, to third parties. The expiry date of the cookies depends on how often the user visits our website. The period can be from a few days to more than a year. If you do not wish to see interest-based ads, you can opt out of Google's use of cookies by visiting Google's Ads Settings. For further information visit Google's privacy policy.
2.4. Google Adsense: http://www.google.com/adsense/ Google Adsense allows us to display targeted text, video or image advertisements on our website. Google Adsense is a third-party cookie set by google. There will be no personal information about our visitors, which are collected by the cookie, to third parties. The expiry date of the cookies depends on how often the user visits our website. The period can be from a few days to more than a year.
2.5. Google Tag Manager: http://www.google.com/tagmanager/ Google Tag Manager makes it possible for us to add and update website tags – including conversion tracking, site analytics remarketing. The Google Tag Manager does not collect personal data. It facilitates the integration and management of our tags. Tags are small code elements which serve to measure traffic and visitor behaviour, to detect the impact of online advertising or to test and optimize our websites. For further information about the Google Tag Manager visit: https://www.google.com/intl/de/tagmanager/use-policy.html
2.6. Google Safeframe: Google Safeframe is a technology to enhance the delivery of ads on websites and allow the measurement of viewable impressions. It allows us to protect our site and users from having a degraded experience due to faulty advertisements.
2.7. Google Publisher Tag http://www.doubleclickbygoogle.com We use Google Publisher Tag to use more granular levels of inventory in the DFP front-end. We are able to create much more specific targeting based on your site content.
2.8. Objection to the use of cookies set by Google
If you want to object to the use of cookies set by Google, visit the following website: http://www.google.com/settings/ads.
The Google cookies and the cookies named in section 1 are the main cookies we use. However, please be aware that our business partners may also use cookies that are not expressly stated here.
3. WHAT CAN I DO IF I DO NOT ACCEPT COOKIES?
You can freely decide if you want to accept cookies. By setting your web browser, you can avoid receiving cookies. In the Help menu of your browser, you will find information on how to prevent the use of cookies. However, this may result in our service not functioning properly. The procedure required to prevent the use of cookies depends on the web browser used.
4. DO YOU NEED HELP OR HAVE ANY QUESTIONS?
If you have any questions about the cookies we use, please contact us as follows: privacy@eslgaming.com
5. YOUR RIGHTS
Regarding your rights regarding your personal data, we refer to our privacy policy.