Privacy Policy

This privacy policy document applies to the game "Insomnia" by Krakentanz. Krakentanz UG (haftungsbeschränkt) is a German corporation, with registered offices in Baumeisterstraße 9, 12159 Berlin („Krakentanz“). Krakentanz respects your privacy and provides you with this Privacy Policy („Privacy Policy“) so that you may understand the ways in which we do and do not use the information you transmit when accessing and playing games by Krakentanz, accessing and using websites, platforms, software services and related services („game“).

Please note that your access and/or playing of the game constitutes your acceptance of this Privacy Policy as well as our Terms of Use. If you do not agree with this privacy policy please do not access and/or play the game.

Please note that if you exercise this right, your user license to use the game and related services will cease automatically.

1. Definitions

„Applicable Data Protection Legislation“ means any legislation in force from time to time which implements the European Union Directive 95/46/EC and Directive 2002/58/EC and the General Data Protection Regulation („GDPR“) 2016/679 of April 27th, 2016 and is applicable to this Agreement and all other applicable laws and regulations that may apply to the transfer of Personal Data.

„Personal Data“ shall mean any information relating to a Data subject; an identifiable person is one who can be defined, directly or indirectly, notably 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 his/her physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. Contact data and Service Data are Personal Data.

„Contact Data“ means any names, phone numbers, e-mail addresses and certain financial details held within commercial systems to conduct the Parties' relationship management and billing transactions between the Parties;

„Controller“, „Data Subject“, „Personal Data“, „Process/Processing“ and „Processor“, shall have the same meaning as in the European Union Directive 95/46/EC or the General Data Protection Regulation 2016/679 of April 27th, 2016.

„Service Data“ means any Party's Personal Data (that is not Contact Data) held within the Parties' systems, applications or databases and that may be accessed, processed, used or stored as a consequence of performing the services under the Agreement.

„Third Country“ means a country that is: (i) outside of the European Economic Area; and (ii) not the subject of a formal decision by the European Commission, made pursuant to Section 25(6) of the European Union Directive 95/46/EC or under Article 45 (1) of the General Data Protection Regulation 2016/679, stating that that country ensures an adequate level of protection for personal Data.

2. Purpose of use and collection of information

In order to access and play the game you must register an account with the platform/service providers that are providing the game etc. to you. To create an account you are required to provide certain mandatory information such as your name, your email address, account login etc. which is mandatory in order to be able to establish an account. Krakentanz and/or the platform/service providers (i.e. Apple App Store, Google Play, PlayStation (PSVR), Xbox etc.) collects financial information on the terms and conditions set out in this Privacy Policy and/or the platform/service providers' own Privacy Policies, which can be found on the respective platforms. Krakentanz does not use financial information for any purpose other than processing payments.

Information provided by you or collected in relation to the game can be used to comply with applicable laws or respond to legal process (like requests from law enforcement or other public or government authorities).

Processing of this information may be necessary for the purpose of performance of a contract to which you are a party, and/or to facilitate the delivery of requested products and services and/or to enable maintenance and update of the game under Article 6(1)(b) of the GDPR. We only process your information to the extent that is necessary to achieve the purposes for which the information has been collected.

3. Cookies and logs

Krakentanz does not maintain any technical infrastructure (Servers) that communicate with the game. No information of your useage of the game or your actions in the context of the game are collected by or produced to Krakentanz beyond information regarding your purchase of the game.

4. Storage of Personal data

With respect to processing of Personal Data Krakentanz is Data Controller. Krakentanz shall (i) Not keep the Personal Data for longer than is necessary for the purposes of performing the Agreement unless further storage is required in order to establish, exercise or defend a legal claim or to comply with applicable law, including accounting rules; (ii) Store, process and use the Personal Data for the sole purpose of performing the Agreement; and (iii) Ensure that their employees and employees of their affiliates and subcontractors involved in the performance of the Agreement comply with the provisions of this agreement (iv) Implement all reasonable technical and organizational measures to protect your Personal Data against any accidental or unlawful destruction, accidental loss, unauthorized alteration, communication or access, (v) Where applicable report to you, upon its occurrence, any unauthorized access, disclosure, use, modification or destruction of your Personal Data, (vi) Refrain from exporting or transferring your Personal Data to any Third Country, and from collecting, using or Processing Personal Data within any Third Country, unless prior to the transfer we have ensured that an adequate level of protection of the Personal Data has been implemented in accordance with the terms and conditions stated in section 9 of this Agreement (International Data Transfers). Personal Data are deleted or anonymized as soon as it no longer serves one of the above mentioned purposes and in any event no later than three (3) years after your interaction with us has ended.

5. Information we share with third parties

As a general rule we will not share Personal Data that directly identifies you (such as your name, e-mail or postal address etc.) with independent third parties without your consent, unless it is either required by law or we determine that disclosure is reasonably necessary to enforce our rights, property or operations or to protect our players or third parties.

Notwithstanding the forgoing, we may share information about you with certain third parties based on the legal basis in Articles 6(1)(b), 6(1)(c) and 6(1)(f) of the GDPR as follows: 1) We may share information about you with third party agents and contractors in order to provide the game to you, for ongoing development, for analytical purposes etc. We will only provide information to such third party agents and contractors for their performances of their specific assignments for us and consistent with this Privacy Policy, and for no other purposes and provided that such third party agents and contractors have ensured an adequate level of protection of the Personal Data in accordance with all Applicable Data Protection Legislation and/or though agreements with us. 2) When required by applicable law, rule, regulation, legal process, in the process of negotiations of, any mergers and acquisitions, sale of company assets, financing or acquisition of all or a portion of our business by another company where personally identifiable information submitted to us may be transferred to the acquiring entity. 4) When ordered or requested by courts, legal authorities etc. and required in order for us to abide by applicable laws, or to protect our rights, in defense in law suits, property or safety of Krakentanz, the game, end users etc.

Where applicable certain third parties' use of Personal Data will not be covered by this Privacy Policy. In such instances you must review such third parties' privacy policies. (See section two for reference to distribution through Oculus/Meta services)

6. Security

Krakentanz has taken reasonable steps to ensure that the personally identifiable information it may collect. Personal Data is stored in operating environments that are not available to the public and that are only accessible to authorized employees. However, there is no such thing as perfect security. As a result, although we strive to protect personally identifying information, we cannot ensure or warrant the security of any information transmitted to us through or in connection with the game, that we store on our systems or that is stored on our service providers' systems.

7. Your Choices and Controls

You have the following rights regarding your Personal Data:

The right to request access

5:47 PM 1/6/2022 In accordance to Chapter III, Article 15 of the GDPR a Data Subject may request access to processed Personal Data. This includes confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information:
Where Personal Data are transferred to a third country or to an international organization, you have the right to be informed of the appropriate safeguards pursuant to Article 46 relating to the transfer.

You shall be provided a copy of the Personal Data undergoing processing. For any further copies requested, we may charge a reasonable fee based on administrative costs. Where you make the request by electronic means, and unless otherwise requested by you, the information shall be provided in a commonly used electronic form. The right to obtain a copy shall not adversely affect the rights and freedoms of others. Please note that the access may be restricted due to intellectual property rights or trade secrets.

The right to object

You have the right to object to the Personal Data processing on grounds relating to your particular situation when the data are processed based on the balancing-of-interest rule in Article 6(1)(f) of the GDPR, see Article 21 of the GDPR. In this case, we will cease the processing unless there are compelling legitimate grounds for the processing which override your interests, rights and freedoms or if the processing is necessary for the establishment, exercise or defense of legal claims.

Right of correction and erasure

You have the right to have inaccurate Personal Data rectified, in accordance with Article 16 of the GDPR.
You have the right to have your Personal Data erased where one of the following grounds applies, see Article 17 of the GDPR:

The right to withdraw consent

If we have asked for your consent to our processing of your Personal Data, you have the right to withdraw your consent at any time, in accordance with Article 7 of the GDPR. If you withdraw your consent, we will cease processing of the Personal Data for which you have withdrawn consent, unless we have a legal obligation to keep some or parts of your data. The withdrawal of your consent does not affect the lawfulness of processing based on your consent before its withdrawal.

The right to data portability

You have the right to receive your Personal Data that you have provided to us in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hinderance if the processing is based on consent or contract performance, in accordance with Article 20 of the GDPR.

If you wish to invoke any of the rights described above, you may contact us at any time by emailing us at krakentanz -at- protonmail.com. We will process and answer your requests without undue delay.

8. Changes to our Privacy Policy

This Privacy Policy is subject to change. You are encouraged to check back and review this Privacy Policy from time to time so that you will always know what information is collected, how it is used and to whom it is disclosed. Your continued use of our services and playing of the game subject to this Privacy Policy will signify your acceptance of Privacy Policy changes.

9. Contact

If you have any questions, complaints or comments regarding our Privacy Policy, please contact us via insomnia_support@mitgutemerfolg.org