Last Update and effective since: April 8th, 2019
This Privacy Policy applies to the websites and games (henceforth called “Service”) of Cubiest GmbH (henceforth called “company”). By using the company’s Service, you are consenting to this Privacy Policy and therefore the way your data will be processed as explained below. This Privacy Policy will be updated in response to changing legal, technical or business requirements. As we take your privacy seriously, we will inform you about changes per email, if you subscribed to any mailing list of the company. Additionally, we will also display a notification on the websites informing you about the change of the privacy policy. If applicable, a similar approach will be taken for the company’s other Services.
The use of the websites of the company is possible without providing any personal data; however, if a data subject wants to use special company services via our websites, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the company. By means of this data protection declaration, our company would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.
As the controller, the company has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through our websites. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed.
If you have any questions or concerns after reading this page, please reach out to us via our Contacts page.
The data protection declaration of the company is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.
In this data protection declaration, we use, inter alia, the following terms:
Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
The Data Protection Officer of the controller is:
Any data subject may, at any time, contact our Data Protection Officer directly with all questions and suggestions concerning data protection.
The web pages of the company use cookies. Cookies are text files your web browser saves and stores on your computer. Further below, we will refer to how the major browsers handle cookies and the actions you can take.
Many websites on the Internet and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which web pages and servers can be assigned to the specific web browser in which the cookie was stored. This allows visited websites and servers to differentiate the individual web browser of the data subject from other web browsers that contain other cookies. A specific web browser can be recognized and identified using the unique cookie ID.
Through the use of cookies, the company can provide the users of our websites with more user-friendly services that would not be possible without the cookie setting.
By means of a cookie, the information and offers on our websites can be optimized with the user in mind. Cookies allow us, as previously mentioned, to recognize our websites users. The purpose of this recognition is to make it easier for users to utilize our websites. The websites user that uses cookies, e.g. does not have to enter access data each time the websites are accessed, because this is taken over by the websites, and the cookie is thus stored on the user’s computer. Another example is the cookie of a shopping cart in an online shop. The online store remembers the articles that a customer has placed in the virtual shopping cart via a cookie.
The data subject may, at any time, prevent the setting of cookies through our websites by means of a corresponding setting of the web browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an web browser or other software programs. This is possible in all popular web browsers. If the data subject deactivates the setting of cookies in the web browser used, not all functions of our websites may be entirely usable.
Our websites uses cookies for the following:
Please note that we delete our cookies within 2 years after they are set via the cookie’s expiration date.
Third-party cookies:
To manage the company’s websites cookies, you can visit the Cookie Preferences page.
Of course, you and your web browser can refuse the saving of cookies. Depending on your web browser provider, you have different options to manage your cookies and cookie preferences. Their respective web pages are listed below. Please mind that we don’t own the websites mentioned below and therfore have no control over their content or actions. They are simply listed for your convenience. Visiting these sites is at your own risk:
The websites of the company collect a series of general data and information when a data subject or automated system calls up the websites. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our websites (so-called referrers), (4) the sub-websites, (5) the date and time of access to the websites, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.
When using these general data and information, the company does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our websites correctly, (2) optimize the content of our websites as well as its advertisement, (3) ensure the long-term viability of our information technology systems and websites technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, the company analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our company, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
The data you provide:
The data we collect automatically:
We do not knowingly collect or solicit personal data of any child below the age of 16 or 13 years. For children below the age of 13 years: If you are under the age of 13, please do not provide any information about yourself to us, this includes, but is not limited to, your name, email address, personal address and telephone number. For example, if you need to use the Service on our Contacts site, please ask your parent/guardian.
For children below the age of 16 years: If you are under the age of 16, please do not provide any personal information about yourself to us if you do not have been given consent by the holder of parental responsibility over you. This information includes, but is not limited to, your name, email address, personal address and telephone number. You will have to provide information like this if you intend to use the Service on our Contacts site, for example.
If you are the holder of parental responsibility of a child under the age of 16 and have any questions or concerns that your child may have provided personal data to us, please get in contact with us here using the appropriate form.
On the websites of the company, users are given the opportunity to subscribe to our company’s newsletters. The input masks used for this purpose determines what personal data are transmitted, as well as when the newsletters are ordered from the controller.
The company informs its customers and business partners by means of newsletters about company offers. The
company’s newsletters may only be received by the data subject if (1) the data subject has a valid e-mail
address and (2) the data subject registers for the newsletter shipping. A confirmation e-mail will be sent to
the e-mail address registered by a data subject for the first time for newsletter shipping, for legal reasons,
in the double opt-in procedure. This confirmation e-mail is used to prove whether the owner of the e-mail
address as the data subject is authorized to receive the newsletter.
If you do not click on the activation-link, we will remove your email address from the respective newsletter 14
days after your email was added.
During the registration for the newsletter, we also store the IP address of the computer assigned by the Internet service provider (ISP) and used by the data subject at the time of the registration, as well as the date and time of the registration. The collection of this data is necessary in order to understand the (possible) misuse of the e-mail address of a data subject at a later date, and it therefore serves the aim of the legal protection of the controller.
The personal data collected as part of a registration for the newsletter will only be used to send our
newsletter.
In addition, subscribers to the newsletter may be informed by e-mail, as long as this is necessary for the
operation of the newsletter service or a registration in question, as this could be the case in the event of
modifications to the newsletter offer, or in the event of a change in technical circumstances. There will be no
transfer of personal data collected by the newsletter service to third parties. The subscription to our
newsletter may be terminated by the data subject at any time. The consent to the storage of personal data,
which the data subject has given for shipping the newsletter, may be revoked at any time. For the purpose of
revocation of consent, a corresponding link is found in each newsletter. It is also possible to unsubscribe
from the newsletter at any time directly on the websites of the controller, or to communicate this to the
controller in a different way.
The newsletter of the company contains so-called tracking pixels. A tracking pixel is a miniature graphic embedded in such e-mails, which are sent in HTML format to enable log file recording and analysis. This allows a statistical analysis of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, the company may see if and when an e-mail was opened by a data subject, and which links in the e-mail were called up by data subjects.
Such personal data collected in the tracking pixels contained in the newsletters are stored and analyzed by the controller in order to optimize the shipping of the newsletter, as well as to adapt the content of future newsletters even better to the interests of the data subject. These personal data will not be passed on to third parties. Data subjects are at any time entitled to revoke the respective separate declaration of consent issued by means of the double-opt-in procedure. After a revocation, these personal data will be deleted by the controller. The company automatically regards a withdrawal from the receipt of the newsletter as a revocation.
The website cubiest.com of the company contains information that enables a quick electronic contact to our company, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.
The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.
If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.
Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:
Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the company, he or she may, at any time, contact any employee of the controller. An employee of company shall promptly ensure that the erasure request is complied with immediately.
Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employees of the company will arrange the necessary measures in individual cases.
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the company, he or she may at any time contact any employee of the controller. The employee of the company will arrange the restriction of the processing.
Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may at any time contact any employee of the company.
Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.
The company shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.
If the company processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the company to the processing for direct marketing purposes, the company will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by the company for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may contact any employee of the company. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, the company shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of the company.
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.
If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the company.
On our websites, the controller has integrated components of Twitter. Twitter is a multilingual, publicly-accessible microblogging service on which users may publish and spread so-called ‘tweets,’ e.g. short messages, which are limited to 280 characters. These short messages are available for everyone, including those who are not logged on to Twitter. The tweets are also displayed to so-called followers of the respective user. Followers are other Twitter users who follow a user’s tweets. Furthermore, Twitter allows you to address a wide audience via hashtags, links or retweets.
The operating company of Twitter is Twitter, Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, UNITED STATES.
With each call-up to one of the individual pages of any website of the company, which is operated by the controller and on which a Twitter component (Twitter button) was integrated, the web browser on the information technology system of the data subject is automatically prompted to download a display of the corresponding Twitter component of Twitter. Further information about the Twitter buttons is available here. During the course of this technical procedure, Twitter gains knowledge of what specific sub-page of our websites was visited by the data subject. The purpose of the integration of the Twitter component is a retransmission of the contents of our websites to allow our users to introduce this web page to the digital world and increase our visitor numbers.
If the data subject is logged in at the same time on Twitter, Twitter detects with every call-up to our websites by the data subject and for the entire duration of their stay on our websites which specific sub-page of our webpage was visited by the data subject. This information is collected through the Twitter component and associated with the respective Twitter account of the data subject. If the data subject clicks on one of the Twitter buttons integrated on our websites, then Twitter assigns this information to the personal Twitter user account of the data subject and stores the personal data.
Twitter receives information via the Twitter component that the data subject has visited our websites, provided that the data subject is logged in on Twitter at the time of the call-up to our websites. This occurs regardless of whether the person clicks on the Twitter component or not. If such a transmission of information to Twitter is not desirable for the data subject, then he or she may prevent this by logging off from their Twitter account before a call-up to our websites is made.
The applicable data protection provisions of Twitter may be accessed here.
On our websites, the controller has integrated components of YouTube. YouTube is an Internet video portal that enables video publishers to set video clips and other users free of charge, which also provides free viewing, review and commenting on them. YouTube allows you to publish all kinds of videos, so you can access both full movies and TV broadcasts, as well as music videos, trailers, and videos made by users via the Internet portal.
The operating company of YouTube is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, UNITED STATES. The YouTube, LLC is a subsidiary of Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, UNITED STATES.
With each call-up to one of the individual pages of any website of the company, which is operated by the controller and on which a YouTube component (YouTube video) was integrated, the web browser on the information technology system of the data subject is automatically prompted to download a display of the corresponding YouTube component. Further information about YouTube may be obtained here. During the course of this technical procedure, YouTube and Google gain knowledge of what specific sub-page of our websites was visited by the data subject.
If the data subject is logged in on YouTube, YouTube recognizes with each call-up to a sub-page that contains a YouTube video, which specific sub-page of our websites was visited by the data subject. This information is collected by YouTube and Google and assigned to the respective YouTube account of the data subject.
YouTube and Google will receive information through the YouTube component that the data subject has visited our websites, if the data subject at the time of the call to our websites is logged in on YouTube; this occurs regardless of whether the person clicks on a YouTube video or not. If such a transmission of this information to YouTube and Google is not desirable for the data subject, the delivery may be prevented if the data subject logs off from their own YouTube account before a call-up to our websites is made.
YouTube’s data protection provisions, available here, provide information about the collection, processing and use of personal data by YouTube and Google.
Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a
specific processing purpose. If the processing of personal data is necessary for the performance of a contract
to which the data subject is party, as is the case, for example, when processing operations are necessary for
the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The
same applies to such processing operations which are necessary for carrying out pre-contractual measures, for
example in the case of inquiries concerning our products or services. Is our company subject to a legal
obligation by which processing of personal data is required, such as for the fulfillment of tax obligations,
the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be
necessary to protect the vital interests of the data subject or of another natural person. This would be the
case, for example, if a visitor were injured in our company and his name, age, health insurance data or other
vital information would have to be passed on to a doctor, hospital or other third party. Then the processing
would be based on Art. 6(1) lit. d GDPR.
Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for
processing operations which are not covered by any of the abovementioned legal grounds, if processing is
necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where
such interests are overridden by the interests or fundamental rights and freedoms of the data subject which
require protection of personal data. Such processing operations are particularly permissible because they have
been specifically mentioned by the European legislator. He considered that a legitimate interest could be
assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.
We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also
result from contractual provisions (e.g. information on the contractual partner).
Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data,
which must subsequently be processed by us. The data subject is, for example, obliged to provide us with
personal data when our company signs a contract with him or her. The non-provision of the personal data would
have the consequence that the contract with the data subject could not be concluded.
Before personal data is provided by the data subject, the data subject must contact any employee. The employee
clarifies to the data subject whether the provision of the personal data is required by law or contract or is
necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and
the consequences of non-provision of the personal data.
As a responsible company, we do not use automatic decision-making. Automatic profiling will be limited to our games to deduct and analyze your playstyle and in-game choices and prefences in order to improve the overall game experience for all players. The collected data will be pseudonymised. This profiling will not be shared with any third party.
This Privacy Policy has been generated by the Privacy Policy Generator of the DGD - Your External DPO that was developed in cooperation with German Lawyers from WILDE BEUGER SOLMECKE, Cologne, and was adjusted to fit the requirements of the company.