Privacy Policy

Digital Nightmare e.U.
Effective Date:
18/08/2020

last modified on:

Please read this privacy policy carefully before using Our Service.


"The protection of your personal data is very important to us. We therefore process your data exclusively on the basis of the legal provisions (GDPR, DSG 2018, TKG 2003 in the currently valid version)."




Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

    Under GDPR (General Data Protection Regulation), You can be referred to as the Data Subject or as the User as you are the individual using the Service.


  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Digital Nightmare e.U., Sterngasse 3/2/6, 1010 Vienna.

    For the purpose of the GDPR, the Company is the Data Controller.


  • Application means the software program provided by the Company downloaded by You on any electronic device.

  • Website refers to the following Website(s):
  • Service refers to the Application or the Website or both.

  • Country refers to: Austria

  • Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.

      Our Service Providers are listed below:

      • Digital Distribution Partners: means the digital distribution service operated and developed by Facbook Technologies, LLC. (Oculus App Store) or Google Inc. (Google Play Store) or GOG sp. z o.o. (GOG.com & GOG GALAXY) or itch corp (itch.io) or Valve Corporation (Steam) in which the application was purchased and downloaded.

      • Unity Engine means Unity game engine operated and developed by Unity Technologies.

      • Webhost: means World4you.com, the webhost of our Website. Our Website is operated on the webserver of World4you.com.

    "For the purpose of the GDPR, Service Providers are considered Data Processors!"



  • Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.

  • Facebook Fan Page is a public profile named DigitalN8m4r3 specifically created by the Company on the Facebook social network, accessible from https://www.facebook.com/DigitalN8m4r3

  • Personal Data is any information that relates to an identified or identifiable individual.

    For the purposes for GDPR, Personal Data means any information relating to You such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity.

    For the purposes of the CCPA, Personal Data means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You.


  • Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.

    • Our website(s) do not use cookies.



  • Device means any device that can access the Service such as a tv, computer, virtual reality headset, augmented reality headset, a cellphone or a digital tablet.

  • Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

  • Data Controller, for the purposes of the GDPR (General Data Protection Regulation), refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data.

  • Do Not Track (DNT) is a concept that has been promoted by US regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites.

  • Business, for the purpose of the CCPA (California Consumer Privacy Act), refers to the Company as the legal entity that collects Consumers' personal information and determines the purposes and means of the processing of Consumers' personal information, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers' personal information, that does business in the State of California.

  • Consumer, for the purpose of the CCPA (California Consumer Privacy Act), means a natural person who is a California resident. A resident, as defined in the law, includes (1) every individual who is in the USA for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the USA who is outside the USA for a temporary or transitory purpose.

  • Sale, for the purpose of the CCPA (California Consumer Privacy Act), means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer’s Personal information to another business or a third party for monetary or other valuable consideration.



This privacy policy applies to Applications and Websites manufactured, provided and operated by Digital Nightmare e.U.

This privacy policy describes our policies and procedures for collecting, using and disclosing your data when using the service and informs you about your data protection rights and how the law protects you.

We use your personal information to provide and improve the service. By using the service, you consent to the collection and use of information in accordance with this privacy policy.

Our website can usually be used without providing personal data.

However, we are not responsible and have no influence on the processing and use of your personal data by our service providers.

You can and must carry out this check yourself or have it initiated.




1. Data collected by Us

What Type of Data is being Collected: Personal Data

If you contact us by email or using the contact information published on this page or on another page of our website or using the contact form on our website, we may ask you to provide us with certain personal data. This data can be used by us to contact or identify you.

Personal data can include, but is not limited to:

  • email-address
  • First name and last name

Note:

The data you provide will be stored by us for the purpose of processing the request and in the event of follow-up questions. We will not pass on this data without your consent.




2. Data collected by Third-party Social Media Services

What Type of Data is being Collected: Personal Data, Usage Data

If you contact us via third-party social media services, data about you will be collected by third-party social media services.


    We maintain an online presence in the following third-party social media services:


    3. Facebook Fan Page

    Data Controller for the Facebook Fan Page

    The Company is the Data Controller of Your Personal Data collected while using the Service. As operator of the Facebook Fan Page (https://www.facebook.com/DigitalN8m4r3), the Company and the operator of the social network Facebook are Joint Controllers.

    The Company has entered into agreements with Facebook that define the terms for use of the Facebook Fan Page, among other things. These terms are mostly based on the Facebook Terms of Service: https://www.facebook.com/terms.php

    Visit the Facebook Privacy Policy https://www.facebook.com/policy.php for more information about how Facebook manages Personal data or contact Facebook online, or by mail: Facebook, Inc. ATTN, Privacy Operations, 1601 Willow Road, Menlo Park, CA 94025, United States.

    Facebook Insights

    We use the Facebook Insights function in connection with the operation of the Facebook Fan Page and on the basis of the GDPR, in order to obtain anonymized statistical data about Our users.

    For this purpose, Facebook places a Cookie on the device of the user visiting Our Facebook Fan Page. Each Cookie contains a unique identifier code and remains active for a period of two years, except when it is deleted before the end of this period.

    Facebook receives, records and processes the information stored in the Cookie, especially when the user visits the Facebook services, services that are provided by other members of the Facebook Fan Page and services by other companies that use Facebook services.

    For more information on the privacy practices of Facebook, please visit Facebook Privacy Policy here: https://www.facebook.com/full_data_use_policy


    Note:

    If you contact us via third-party social media services, we will not collect any data about you.


    We only use third-party social media services to:

    • present our Company and our Applications
    • communicate with customers / prospects



4. Data collected by Service Providers

4.1 When You visit Our Website

What Type of Data is being Collected: Personal Data, Usage Data

10.1 contains informationen regarding Our Webhost

Each time our website is accessed, our web host creates web server log files for operational security reasons, to create access statistics, etc. These log files are stored for two weeks in accordance with the GDPR. Among other things, error log files are also created, which are helpful when finding errors. These are also automatically deleted after two weeks.


    The web servers generate log files that contain the following information:

      the requested page (URL), the browser or the browser version, the operating system used, the referrer URL (the previously visited page), host name and IP address of the accessing computer, the time of the server request


    Note:

    We have concluded a corresponding contract data processing contract with the web host. We only get access to access statistics and error log files from our web host.



4.2 When you run our Application

What Type of Data is being Collected: Personal Data, Usage Data

10.3 contains informationen regarding Our Digital Distribution Partners

When You run our Application, our Application may need with your prior permission, access to the following information:

  • regarding your camera
  • regarding your Location
  • regarding your body height
  • regarding your dominant hand
  • regarding your username
  • regarding your email-address

This information is retrieved from our application. This is done automatically and via the APIs and SDKs of our digital sales partners.


When You run an Application from Us that we created with the Unity Engine, the Unity Engine may collect some or all of the following information:

unique device identifiers (e.g., IDFV for iOS devices and Android ID for Android devices); IP address; country of install (mapped from IP address); device manufacturer and model platform type (iOS, Android, Mac, Windows, etc.) and the operating system and version running on your system or device; language; CPU information such as model, the number of CPUs present, frequency, and instruction set support flags; the graphics card type and vendor name; graphics card driver name and version (e.g., “nv4disp.dll 6.10.93.71”); which graphics API is in use (e.g., “OpenGL 2.1” or “Direct3D 9.0c”); amount of system and video RAM present; current screen resolution; version of the Unity Editor used to create the game; sensor flags (e.g., device support for gyroscope, touch pressure or accelerometer); application or bundle identification (“app ID”) of the game installed; unique advertising identifiers provided for iOS and Android devices (e.g., IDFA or Android Ad ID); and a checksum of all the data that gets sent to verify that it transmitted correctly.

10.2 contains informationen regarding the Unity Engine


Note:

We have no access to this information.

We do not use your transferred data ourselves, these are automatically forwarded by our application to the digital sales partner from whom you obtained our application. This is done to provide functions of our application as well as functions of our digital sales partners.

In this respect, we are formally responsible (according to Art 4 Z.7 GDPR) but we do not save your data and do not process it.

We cannot control how our Digital Distributors interact with you, and you should ensure that you agree to our Digital Distributors' privacy policies and terms of service before you provide them with your information.




5. Reason for Data Collection

We only collect your data to:

  • provide and improve our service

  • answer your questions and assist you on request


We will only store your personal data for the period of time required to fulfill the purposes described above, unless further storage is required to establish, exercise or defend a legal claim or to comply with applicable laws.
Your personal data will be deleted or anonymized as soon as this is no longer necessary for the purposes mentioned above.


6. Who can Access your Data?

With the exception of Us and our service providers, other people can access the data that We and our service providers collect about you in the following situations:

  • 6.1 Other users

      Other users may have access to your display name and other service information (e.g. high scores) in some of our applications. No private information is shared with other users.

  • 6.2 Law enforcement

      In order to combat fraud and illegal activity, we can make data available to authorities upon lawful requests.

      We may also disclose your information based on your consent to comply with the law or to protect the rights, property, or safety of us or others.




7. Security of your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.




8.1 GDPR Privacy

General Data Protection Regulation

Your Rights under the GDPR

Under this Privacy Policy, and by law if You are in the European Economic Area (EEA), You have the rights:

  • Right to Information to (Art. 13 and 14 GDPR)
  • Right of access (Art. 15 GDPR)
  • Right to rectification (Art. 16 GDPR)
  • Right to erasure (Art. 17 GDPR)
  • Right to restriction of processing (Art. 18 GDPR)
  • Right to data portability (Art. 20 GDPR)
  • Right to object (Art. 21 GDPR)
  • Right not to be subject to automated individual decision-making(Art. 22 GDPR)


  • Right to Secrecy (Sect.1 para. 1 DSG)
    Every person shall have the right to secrecy of the personal data concerning that person, especially with regard to the respect for his or her private and family life, insofar as that person has an interest which deserves such protection. Such an interest is precluded if data cannot be subject to the right to secrecy due to the data’s general availability or because they cannot be traced back to the data subject (Sect. 1 para. 1 Datenschutzgesetz).

    The right to secrecy is a special right granted by the Austrian data protection act (Datenschutzgesetz, short DSG). It can be enforced before the data protection authority against a controller subject to the Datenschutzgesetz.


    • Note:


If You are in the European Economic Area (EEA), You have the right to complain to a Data Protection Authority about Our collection and use of Your Personal Data, more information below.

The Austrian Data Protection Authority is the national supervisory authority for data protection in Austria.

All complaints before the Austrian data protection authority must be made in German.

You can file a complaint with the Austrian Data Protection Authority online, all forms along with more information is available at the following link:

https://www.data-protection-authority.gv.at/




8.2 CCPA Privacy

California Consumer Privacy Act

Your Rights under the CCPA

Under this Privacy Policy, and by law if You are a resident of California, You have the following rights:

  • The right to notice. You must be properly notified which categories of Personal Data are being collected and the purposes for which the Personal Data is being used.

  • The right to access / the right to request. The CCPA permits You to request and obtain from the Company information regarding the disclosure of Your Personal Data that has been collected in the past 12 months by the Company or its subsidiaries to a third-party for the third party’s direct marketing purposes.

  • The right to say no to the sale of Personal Data. You also have the right to ask the Company not to sell Your Personal Data to third parties. You can submit such a request by visiting our "Do Not Sell My Personal Information" section or web page.

  • The right to know about Your Personal Data. You have the right to request and obtain from the Company information regarding the disclosure of the following:
    • The categories of Personal Data collected
    • The sources from which the Personal Data was collected
    • The business or commercial purpose for collecting or selling the Personal Data
    • Categories of third parties with whom We share Personal Data
    • The specific pieces of Personal Data we collected about You

  • The right to delete Personal Data. You also have the right to request the deletion of Your Personal Data that have been collected in the past 12 months.

  • The right not to be discriminated against. You have the right not to be discriminated against for exercising any of Your Consumer's rights, including by:
    • Denying goods or services to You
    • Charging different prices or rates for goods or services, including the use of discounts or other benefits or imposing penalties
    • Providing a different level or quality of goods or services to You
    • Suggesting that You will receive a different price or rate for goods or services or a different level or quality of goods or services.

9. Exercise your Rights

GDPR and CCPA

9.1A If you request this, we will provide you with a copy of your personal data in electronic form.

    Please note that we may ask you to confirm your identity before we respond to such requests. If you make an inquiry, we will do our best to answer you as soon as possible.


9.1B You have the right to information by sending us a written request with proof of identity.

    This right is free if you exercise it at most every twelve months. If You exercise this right to information several times within a shorter period, we can prescribe the administrative fee of EUR 27 per request for information.


    Please pay the administrative fee to the following account before You receive the information

    IBAN bank account:

    AT46 2011 1840 6956 1000

    BIC:

    GIBAATWWXXX

14. contains Our contact details


Note:

If You ask us to remove your personal data, we will keep your data as it is necessary for our legitimate business interests, to meet our legal obligations, resolve disputes and enforce our agreements.

We would like to point out that we will respond to your request within a period of one month and will either give reasons why we did not or did not fully comply with the request, or we would like to inform you that due to the complexity and number of requests, we might need two more months for an answer.




10.Service Provider

10.1 Webhost

World4You Internet Services GmbH



10.2 Unity Engine

Applications that we have created with the Unity Engine are subject to the privacy policy and terms of service of:

Unity Technologies



10.3 Digital Distribution Partners

Digital Distribution Partners, their privacy policies and terms of service, where we have released our Application or plan to do, are as follows:




11. Children's Privacy

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

We also may limit how We collect, use, and store some of the information of Users between 13 and 18 years old. In some cases, this means We will be unable to provide certain functionality of the Service to these users.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.




12. Links to other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.

We have marked all external links with the following symbol .

We have no control over and assume no responsibility for the content, cookies used, privacy policies or practices of any third party sites or services.

Note:

    Graphic links on our website are stored on our own servers to prevent the automatic connection to the third party link servers.

    By clicking on the corresponding graphic you will be forwarded to the third party link. If you are logged into your user account on that third party link, their network operator might assign the information collected about your visit to our site to your personal account. Initially, this data includes such things as your IP address, the date and time of your visit, and the page visited.

    To prevent this, you need to log out of your account on those third party services before clicking on the graphic.




13. Changes to this Privacy Policy

We may update our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.




14. Contact Us

If you have any questions about this Privacy Policy, you can contact us:




Note:

    We ask for your understanding that we cannot respond to telephone inquiries. A written request is required.


    We hereby expressly object to the use of published contact details by third parties for sending unsolicited advertising and information material. Digital Nightmare e.U. expressly reserves the right to take legal action in the event of unsolicited promotional information, such as spam e-mails.