The following privacy policy applies to the use of the website hopepunkgame.com (hereinafter referred to as the “Website”).

We attach great importance to data protection. Your personal data is collected and processed in compliance with applicable data protection regulations, particularly the EU General Data Protection Regulation (GDPR). We collect and process your personal data in order to provide you with the aforementioned portal. This statement describes how and for what purpose your data is collected and used, and the choices available to you regarding your personal data.

By using this website, you consent to the collection, use, and transfer of your data in accordance with this privacy policy.

1 Controller

The controller responsible for the collection, processing, and use of your personal data within the meaning of the GDPR is

Dominik Schönleben, c/o COCENTER, Koppoldstr. 1, 86551 Aichach, contact@hopeful-games.com

If you wish to object to the collection, processing, or use of your data by us in accordance with these data protection provisions—either in whole or regarding specific measures—you may direct your objection to the controller named above.

You may save and print this privacy policy at any time.

2 General Use of the Website

2.1 Access Data

We collect information about you when you use this website. We automatically capture information regarding your usage behavior and your interaction with us, and we log data concerning your computer or mobile device. We collect, store, and use data regarding every instance of access to our online services (so-called server log files). Access data includes the name and URL of the file accessed, the date and time of access, the volume of data transferred, the notification of successful retrieval (HTTP response code), browser type and version, operating system, referrer URL (i.e., the previously visited page), IP address, and the requesting provider.

We use this log data—without linking it to your person or creating a profile—for statistical analyses aimed at operating, securing, and optimizing our online services. We also use it to anonymously track the number of visitors to our website (traffic) and the scope and nature of the use of our website and services, as well as for billing purposes to measure the number of clicks received from cooperation partners. Based on this information, we can provide personalized and location-based content, analyze data traffic, troubleshoot and fix errors, and improve our services. We reserve the right to review the log data retrospectively if there is a justified suspicion of unlawful use based on concrete evidence. We store IP addresses in log files for a limited period if required for security purposes or necessary for the provision or billing of a service—for example, when you use one of our offerings. We delete the IP address after the ordering process is cancelled or after payment is received, provided it is no longer required for security purposes. We also store IP addresses if we have a concrete suspicion of a criminal offense in connection with the use of our website. Additionally, we store the date of your last visit (e.g., upon registration, login, clicking links, etc.) as part of your account.

2.2 Email Contact

When you contact us (e.g., via a contact form or email), we store the information you provide in order to process your inquiry and handle any follow-up questions. We store and use additional personal data only if you consent to this or if it is legally permissible without specific consent.

2.3 Matomo

This website collects and stores data using the web analytics software Matomo (www.matomo.org)—a service provided by InnoCraft Ltd., 150 Willis St, 6011 Wellington, New Zealand (“Matomo”)—based on our legitimate interest in the statistical analysis of user behavior for optimization and marketing purposes pursuant to Art. 6(1)(f) GDPR. Pseudonymized user profiles may be created and analyzed from this data for the same purpose. Cookies may be used for this purpose. Cookies are small text files stored locally in the cache of the site visitor’s internet browser. Among other things, cookies enable the recognition of the internet browser. The data collected using Matomo technology (including your pseudonymized IP address) is processed on our servers.

The information generated by the cookie within the pseudonymized user profile is not used to personally identify the visitor to this website and is not combined with personal data regarding the bearer of the pseudonym.

If you do not consent to the storage and analysis of data from your visit, you may object to such storage and use at any time by clicking below. In this case, a so-called opt-out cookie will be placed in your browser, resulting in Matomo collecting no session data whatsoever. Please note that if you delete your cookies entirely, the opt-out cookie will also be deleted and may need to be reactivated by you.

Opt-out complete; your visits to this website will not be recorded by the Web Analytics tool. Note that if you clear your cookies, delete the opt-out cookie, or if you change computers or Web browsers, you will need to perform the opt-out procedure again.

You may choose to prevent this website from aggregating and analyzing the actions you take here. Doing so will protect your privacy, but will also prevent the owner from learning from your actions and creating a better experience for you and other users.

You are not opted out. Uncheck this box to opt-out. You are currently opted out. Check this box to opt-in.

The tracking opt-out feature requires cookies to be enabled.

2.4 Real Cookie Banner

We use the “Real Cookie Banner” consent tool to manage the cookies and similar technologies (tracking pixels, web beacons, etc.) we employ, as well as the associated consents. You can find details on how “Real Cookie Banner” works at https://devowl.io/de/rcb/datenverarbeitung/.

The legal bases for the processing of personal data in this context are Art. 6(1)(c) and Art. 6(1)(f) of the GDPR. Our legitimate interest lies in managing the cookies and similar technologies used and the associated consents.

Providing personal data is neither contractually required nor necessary for the conclusion of a contract. You are not obliged to provide the personal data. If you do not provide the personal data, we will be unable to manage your consents.

2.5 Legal Basis and Storage Period

The legal basis for the data processing described in the preceding sections is Article 6(1)(f) of the GDPR. Our interests in processing the data include, in particular, ensuring the operation and security of the website, analyzing how visitors use the website, and making the website easier to use.

Unless otherwise specified, we store personal data only for as long as is necessary to fulfill the purposes for which it is processed.

3 Facebook Custom Audiences & Meta Pixel

On our website, we use the “Custom Audiences” remarketing feature provided by Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, USA, or—if you are based in the EU—Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.

3.1 Data categories and description of data processing

IP address, cookie ID, location information. When you visit the social network Facebook or other websites that use this remarketing function, you may be shown interest-based advertisements (“Facebook Ads”). We use the remarketing function to optimize and economically operate our website, to display advertisements that interest you, and to make our website more user-friendly. When you access our website, your browser establishes a connection to Facebook’s servers. Facebook receives information indicating that you have viewed or clicked on a corresponding advertisement. If you are logged into Facebook at the time, Facebook can associate this information with your account. For information regarding processing by Facebook, please consult Facebook’s privacy policy at https://www.facebook.com/policy.php. Specific information and details regarding the Facebook Pixel and how it works can be found in the Facebook Help Center:
https://www.facebook.com/business/help/651294705016616.

3.2 Purpose of processing

Display of personalized advertising, measurement and evaluation of advertising, advertising billing, analysis of viewing behavior.

3.3 Legal bases

If you have given your consent (“opt-in”) for the processing of your personal data via the third-party provider’s “Custom Audiences” feature, the legal basis is Art. 6(1) sentence 1(a) GDPR. Additionally, our legitimate interest in data processing—based on the purposes mentioned above—serves as the legal basis pursuant to Art. 6(1) sentence 1(f) GDPR.

3.4 Retention period

Facebook grants us access to this data for 180 days.

3.5 Data transmission/Recipient category

Facebook Ireland.

3.5 Right to object (“Opt-out”)

Users who are not logged in can deactivate the “Facebook Custom Audiences” function by clicking the link labeled “Change privacy settings” and unchecking the box for “Facebook Pixel” under “Marketing”.

Logged-in Facebook users can also deactivate the “Facebook Custom Audiences” feature at this link: https://www.facebook.com/settings/?tab=ads#.

4 Your rights as a data subject

Under applicable laws, you have various rights regarding your personal data. If you wish to exercise these rights, please direct your request via email or post—clearly identifying yourself—to the address specified in Section 1.

Below is an overview of your rights.

4.1 Right to confirmation and access

You have the right at any time to obtain confirmation from us as to whether or not personal data concerning you is being processed. If this is the case, you have the right to obtain free information from us regarding the personal data stored about you, along with a copy of such data. Furthermore, you have the right to the following information:

1. the purposes of the processing;
2. the categories of personal data being processed;
3. the recipients or categories of recipients to whom the personal data have been or will be disclosed, particularly recipients in third countries or international organizations;
4. where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
5. the existence of the right to request rectification or erasure of personal data concerning you, or restriction of processing by the controller, or the right to object to such processing;
6. the right to lodge a complaint with a supervisory authority;
7. where the personal data are not collected from you, any available information as to their source;
8. the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and—at least in those cases—meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for you.

If personal data is transferred to a third country or an international organization, you have the right to be informed of the appropriate safeguards pursuant to Article 46 GDPR regarding the transfer.

4.2 Right to rectification

You have the right to obtain from us without undue delay the rectification of inaccurate personal data concerning you. Taking into account the purposes of the processing, you have the right to have incomplete personal data completed, including by means of a supplementary statement.

4.3 Right to erasure (“right to be forgotten”)

You have the right to request that we erase personal data concerning you without undue delay, and we are obliged to erase personal data without undue delay if one of the following grounds applies:

1. The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
2. You withdraw your consent on which the processing was based pursuant to Article 6(1)(a) or Article 9(2)(a) of the GDPR, and there is no other legal ground for the processing.
3. You object to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21(2) of the GDPR.
4. The personal data have been processed unlawfully.
5. The erasure of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which we are subject.
6. The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.

Where we have made the personal data public and are obliged to erase them, we shall, taking account of available technology and the cost of implementation, take reasonable steps, including technical measures, to inform controllers who are processing the personal data that you have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

4.4 Right to restriction of processing

You have the right to request that we restrict the processing of your data if one of the following conditions applies:

1. you contest the accuracy of the personal data, for a period enabling us to verify the accuracy of the personal data;
2. the processing is unlawful and you opposed the erasure of the personal data and requested the restriction of their use instead;
3. we no longer need the personal data for the purposes of the processing, but you require the data for the establishment, exercise, or defense of legal claims; or
4. you have objected to the processing pursuant to Article 21(1) GDPR, pending the verification whether the legitimate grounds of our company override yours.

4.5 Right to data portability

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 you have the right to transmit those data to another controller without hindrance from us, provided that

1. the processing is based on consent pursuant to Article 6(1)(a) or Article 9(2)(a) of the GDPR or on a contract pursuant to Article 6(1)(b) of the GDPR, and
2. the processing is carried out by automated means.

In exercising your right to data portability pursuant to paragraph 1, you have the right to have the personal data transmitted directly from us to another controller, where technically feasible.

4.6 Right to object

You have the right to object, on grounds relating to your particular situation, at any time to the processing of personal data concerning you which is based on Article 6(1)(e) or (f) of the GDPR; this also applies to profiling based on those provisions. We shall no longer process the personal data unless we demonstrate compelling legitimate grounds for the processing which override your interests, rights, and freedoms, or for the establishment, exercise, or defense of legal claims.

Where personal data are processed by us for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing; this also applies to profiling to the extent that it is related to such direct marketing. You have the right to object, on grounds relating to your particular situation, to the processing of personal data concerning you that is carried out for scientific or historical research purposes or for statistical purposes pursuant to Article 89(1) GDPR, unless the processing is necessary for the performance of a task carried out in the public interest.

You have the right to object, on grounds relating to your particular situation, to the processing of personal data concerning you that is carried out for scientific or historical research purposes or for statistical purposes pursuant to Article 89(1) GDPR, unless the processing is necessary for the performance of a task carried out in the public interest.

4.7 Automated decision-making, including profiling

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.

4.8 Right to withdraw data protection consent

You have the right to withdraw your consent to the processing of personal data at any time.

4.9 Right to lodge a complaint with a supervisory authority

You have the right to lodge a complaint with a supervisory authority—particularly in the Member State of your habitual residence, place of work, or the place of the alleged infringement—if you believe that the processing of personal data concerning you is unlawful.

5 Data security

We make every effort to ensure the security of your data within the framework of applicable data protection laws and available technical capabilities.

Your personal data is transmitted to us in encrypted form. This applies to your orders as well as the customer login area. We use the SSL (Secure Socket Layer) encryption system; however, please note that data transmission over the Internet (e.g., via email communication) may have security vulnerabilities. Complete protection of data against access by third parties is not possible.

To safeguard your data, we maintain technical and organizational security measures that we continuously update in line with the state of the art.

Furthermore, we do not guarantee that our service will be available at specific times; disruptions, interruptions, or outages cannot be ruled out. The servers we use are regularly and carefully backed up.

6 Automated decision-making

No automated decision-making based on the collected personal data takes place.

7 Disclosure of data to third parties; no data transfer to countries outside the EU

In principle, we use your personal data only within our company.

If and to the extent that we engage third parties to fulfill contracts (such as logistics service providers), they receive personal data only to the extent necessary for the provision of the respective service. In the event that we outsource certain aspects of data processing (“data processing on behalf of a controller”), we contractually oblige the data processors to use personal data only in accordance with the requirements of data protection laws and to ensure the protection of the data subjects’ rights.

No transfer of data to entities or persons outside the EU takes place, nor is any such transfer planned, other than in the cases specified in Section 2.3 of this statement.

8 Data Protection Officer

If you have any further questions or concerns regarding data protection, please contact our Data Protection Officer: Dominik Schönleben.

The templates for the above privacy policy were provided by Jan Lennart Müller of IT-Recht Kanzlei München, Maximilian Greger of LAW-Blog, and JuraForum.de.