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Toplitz Productions GmbH
HRB 235946 - AG München
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Limitation of liability for internal content
The content of our website has been compiled with meticulous care and to the best of our knowledge. However, we cannot assume any liability for the up-to-dateness, completeness or accuracy of any of the pages.
Limitation of liability for external links
Our website contains links to the websites of third parties (“external links”). As the content of these websites is not under our control, we cannot assume any liability for such external content. In all cases, the provider of information of the linked websites is liable for the content and accuracy of the information provided. At the point in time when the links were placed, no infringements of the law were recognisable to us. As soon as an infringement of the law becomes known to us, we will immediately remove the link in question.
The content and works published on this website are governed by the copyright laws of Austria. Any duplication, processing, distribution or any form of utilisation beyond the scope of copyright law shall require the prior written consent of the author or authors in question.
Name and address of the controller or processor
The controller or processor within the meaning of the General Data Protection Regulation and other national data protection laws of the EU Member States, as well as other data protection regulations, is:
Toplitz Productions GmbH
Processing personal data
We process our users' personal data only insofar as this is necessary for provision of an operational website and of our content and services. As a rule, our users' personal data is only processed with the users’ consent. An exception applies in those cases where prior consent cannot be obtained for circumstantial reasons and the processing of the data is permitted by law.
Legal basis for processing personal data
Insofar as we obtain the consent of the data subject for the processing of personal data, Art. 6(1)(a) of the EU General Data Protection Regulation (GDPR) serves as the legal basis for the processing of personal data.
For the processing of personal data required for the performance of a contract to which the data subject is a party, Art. 6(1)(b) of the GDPR serves as the legal basis. This also applies to processing operations that are necessary for carrying out pre-contractual measures.
Insofar as the processing of personal data is required to fulfil a legal obligation to which our company is subject, Art. 6(1)(c) of the GDPR serves as the legal basis.
In the event that the vital interests of the person concerned or of another natural person necessitate the processing of personal data, Art. 6(1)(d) of the GDPR serves as the legal basis.
If processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the former interest, Art. 6(1)(f) of the GDBP serves as the legal basis for processing.
Data deletion and storage duration
The personal data of the data subject will be deleted or blocked as soon as the purpose of storage ceases to exist. Data may be stored beyond this limit if this has been provided by the European or national legislation in EU regulations, laws or other provisions to which the data controller is subject. Blocking or erasing of data will also be carried out if a retention period prescribed by the aforementioned standards expires, unless data storage is a necessity for concluding or performing a contract.
Server log files
Every time you visit our website, our system automatically collects data and information from the computer system of the accessing computer.
The following data is collected:
- Information about the browser type and version
- The user’s operating system
- Date and time of access
- Websites from which the user’s system reaches our website
- Websites which the user’s system accesses from our website
The data is also stored in the log files of our system. Not included is the user's IP addresses or other data that enables the data to be attributed to a user. This data is not stored together with other personal data of the user.
The legal basis for the temporary storage of data is Article 6(1)(f) of the GDPR.
Purpose of data processing
The data is stored in log files to ensure the website's functionality. The data is also used to optimize the website and to ensure the security of our information technology systems. No evaluation of the data for marketing purposes is undertaken in this context.
These purposes also give rise to our legitimate interest in data processing pursuant to Art. 6(1)(f) of the GDPR.
Duration of storage
The data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected. In the case of data collection for provision of the website, this will be undertaken when the respective session has ended.
Options for objection and remedy
Collection of data for provision of the website and storage of data in log files is absolutely necessary for website operation. Consequently, there is no option to object on the part of the user.
As previously, we will provide information about our new products , send you press samples, etc. at irregular intervals. We assure you that we have never used your data for any other purpose in the past or disclosed it to third parties – and will not do so in future.
If you would like to keep informed of our services and offers from today on, simply wait for our next email.
If you are no longer interested in receiving emails from us, please send a message via our Contact Form.
You can contact us via the email address provided. In this case, the user’s personal data that was transmitted in the email will be stored.
This data will not be disclosed to third parties in this context. The data will only be used to process the conversation.
The legal basis for the processing of data is Art. 6(1)(a) of the GDPR if the user has given their consent.
The legal basis for processing the data transferred in the course of sending an email is Art. 6(1)(f) of the GDPR. If the email contact is intended to conclude a contract, then further legal basis for the processing is Art. 6(1)(b) of the GDPR.
Purpose of data processing
We only process personal data from an email for the purpose of facilitating contact with you. In the event of contact by email, this also constitutes the necessary legitimate interest in processing the data.
Duration of storage
The data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected. For personal data which was transmitted by email, this is the case when the conversation with the user has ended. The conversation will have ended when it is evident from the circumstances that the matter at hand has been conclusively resolved.
Personal data that was additionally collected during the sending procedure will be deleted at the latest after a period of seven days.
Options for objection and remedy
The user has the option of revoking their consent to the processing of personal data at any time. If the user contacts us by email, they may object to the storage of their personal data at any time. It will not be possible to continue the conversation in this case.
The revocation of consent and objection to storage may be made by letter or email.
All personal data stored in the course of contacting us will be deleted as a result.
Disclaimer for Facebook Our website uses so called Social Plugins („Plugins) of the social network facebook.com, which is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”). The plugins are identifiable by one of the Facebook logos (white “f” on a blue background or a “thump-up” sign) or are identified by the phrase “Facebook Social Plugin”. The list and the look of Facebook Social Plugins can be found here: developers.facebook.com/plugins. Purpose and detail of the data assessment and the further use and analysis of the Data through Facebook and your thus related personal rights and control functions to protect your private data can be found in the data disclaimer of Facebook: www.facebook.com/policy.php. If you are a member of Facebook and do not want Facebook to collect your data via our website and stores it in relationship to your Facebook member account, you will need to log out of Facebook prior to the visit of our website and you may also have to delete any related cookies stored locally by Facebook. Furthermore it is possible to block the data generation of Facebook Plug-ins by using browser add-ons such as „Facebook Blocker“
Participating in the competition
Scope of application
These terms apply when persons participate in competitions organized by UIG Entertainment (hereinafter referred to as the “organizer”) at https://www.facebook.com/UIGEntertainment/?fref=ts.
Participation is free and voluntary and without obligations for the participants.
The chance of winning is not influenced by any actions on the part of participants.
The judge’s decision is final.
Terms of participation
All persons who Like the page at https://www.facebook.com/UIGEntertainment are entitled to take part in competitions and sweepstakes. The organizer reserves the right to exclude participants from the competition with immediate effect who contravene criminal laws, morality or these terms of the game.
It is not possible to pay the prize in cash, real assets, exchange it or transfer it to other persons. The winner will be notified via Facebook message within 5 days after the deadline for entries.
Data protection notice for the competition
The data entered by participants to take part in the competition is only used to process and carry out the competition, and – other than as published below – is not disclosed to third parties or used for advertising purposes without the participant’s consent.
Participants agree that the photos, names or pictures they submitted may be published on Facebook and elsewhere.
Changes to the rules of participation and termination of the competition
The organizer reserves the right to change the terms of participation at any time. Any such change must be announced immediately. The organizer furthermore reserves the right to suspend or terminate the competition or prize draw for cause at any time. This is true in particular for causes which would disrupt or prevent the competition or prize draw from being carried out as planned.
Additional terms of participation (such as the type and duration of the competition or the type and scope of the prize) are indicated for the competition in each case. If individual provisions of the terms of participation are or become invalid, this will not affect the validity of the remaining provisions. The invalid provision will be replaced with an appropriate arrangement which comes closest to its intended purpose.
No affiliation with Facebook
The prize competition is not affiliated with Facebook and is in no way sponsored, endorsed or organized by Facebook.
Collection of data
If you send us support requests by e-mail, we collect and process the data from your request in order to respond to it.
1. Legal basis
The legal basis for the processing of the data that you transmit to us by e-mail is Art. 6 Para. 1 Letter b) GDPR, if the conclusion of a contract is requested and in other cases Art. 6 Para. 1 Letter f) GDPR. We have a predominant interest in answering support requests in order to support our users and to evaluate these support requests also with regard to future optimization of the apps and support.
The processing of the personal data serves us to process the support request as well as for future optimization of the apps and support. The other personal data processed during the sending process serve to ensure the security of our information technology systems.
3. Duration of storage
The data will be deleted as soon as they are no longer required for the purpose of your collection. For the purposes of fraud prevention and support improvement, the data will be stored for six months.
1. Right of access
You have the right to request information from us at any time about whether and which personal data we store about you. To do this, you can send us an application by e-mail to the above address.
If data has been processed, you can request information from us about the following:
(1) the purposes for which the personal data will be processed;
(2) the categories of personal data that will be processed;
(3) the recipients or categories of recipients to whom the personal data relating to you has been or will be disclosed;
(4) the planned duration of the storage of the personal data relating to you or, if it is not possible to provide specific information in this regard, criteria for determining the duration of the storage;
(5) the existence of a right to rectify or delete personal data concerning you, a right to limit the processing by the controller or a right to object to such processing;
(6) the existence of a right of appeal to a supervisory authority;
(7) all available information on the origin of the data, if the personal data are not collected from the data subject;
(8) You have the right to request information as to whether the personal data concerned will be transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate safeguards pursuant to Art. 46 GDPR in connection with the transfer.
2. Right to rectification
You have the right to demand that we immediately correct and/or complete any of your incorrect or incompletely processed personal data.
3. Right to limit the processing
You are entitled to demand a limitation of the processing of your personal data if you dispute the accuracy of the personal data concerning you, for a period of time that allows us to verify the accuracy of the personal data or if the processing is unlawful and you reject the deletion of the personal data and instead request the limitation on the use of the personal data or if we no longer need your personal data for processing purposes but you need it to assert, exercise or defend your own legal claims, or if you object to the processing in accordance with Art. 21 para. 1 GDPR, for as long as is not yet ascertained whether the justifiable grounds of the controller outweigh your grounds. We will inform you in advance should the restriction be revoked.
4. Right to deletion
Under certain circumstances, we are obliged to delete your personal data once you have requested this.
You are entitled to demand deletion of your personal data if one oft he following applies: The personal data is no longer required for the purposes for which it was collected or processed in some other way. You withdraw your consent that the processing was based on Art. 6 para. 1 a) or Art. 9 para. 2 a) of the GDPR , and there are currently no valid legal grounds for processing. You submit an objection to the processing of your data pursuant to Art. 21 para. 1 of the GDPR and there are no overriding justifiable grounds for the processing, or you submit an objection to the processing of your data pursuant to Art. 21 para. 2 of the GDPR . The personal data was processed unlawfully. The deletion of the personal data is required to fulfil a legal obligation in accordance with EU law or the law of individual member states, to which we are a member. Once you have made your request we are obliged to delete the data with immediate effect. The lawfulness of the data processing for the period between the consent and the withdrawal of this consent shall remain unaffected.
If we have made the personal data concerning you public and if we are obliged to delete them pursuant to Art. 17 para. 1 GDPR, we shall take appropriate measures, also of a technical nature, taking into account the available technology and the implementation costs, to inform those responsible for data processing who process the personal data that you as the data subject have requested the deletion of all links to this personal data or copies or replications of this personal data.
The right to deletion does not exist if the processing is necessary.
(1) to exercise the freedom of expression and information;
(2) to fulfil a legal obligation which makes processing necessary under the law of the European Union or of the Member States to which the controller is subject or to perform a task carried out in the public interest or in the exercise of official authority vested in the controller;
(3) for reasons of public interest in the field of public health pursuant to Art. 9 para. 2 lit. h and i as well as Art. 9 para. 3 GDPR;
(4) to assert, exercise or defend legal claims.
5. Right to information
If you have exercised your right to correction, deletion or limitation of processing, we are obliged to notify all recipients to whom the personal data concerning you have been disclosed of this correction, deletion or limitation of processing, unless this proves impossible or involves a disproportionate effort. You have the right to be informed about these recipients.
6. Right to object
You have the right at any time to object to the processing of your personal data carried out pursuant to Art. 6 para. 1 lit. f) GDPR; this also applies to profiling based on these provisions.
You have the right, for reasons arising from your particular situation, to object at any time to the processing of your personal data, which is carried out, among other things, on the basis of Art. 6 para. 1 lit. e or f GDPR, pursuant to Art. 21 GDPR. We will cease processing your personal data unless we can prove compelling reasons for processing, worthy of protection which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
If your personal data is processed for the purpose of direct advertising, you have the right to object at any time to the processing of the personal for the purpose of such advertising; this also applies to profiling insofar as it is connected with such direct advertising.
If you object to the processing for purposes of direct marketing, the personal data will no longer be processed for these purposes.
You have the possibility to exercise your right of objection through automated procedures using technical specifications in connection with the use of information society services, notwithstanding Directive 2002/58/EC.
7. Right to withdraw consent
You have the right to revoke your data protection consent at any time. The revocation of your consent does not affect the legality of the processing that took place on the basis of your consent until you revoke your consent.
8. Right to data portability
You are entitled to demand from us to transfer your data to third parties upon request.
You have the right to receive personal data concerning you in a structured, common and machine-readable format and you have the right to transfer this data to another controller without our interference. The condition is that a) the processing is based on consent pursuant to Art. 6 para. 1 lit. a) GDPR or Art. 9 para. 2 lit. a) GDPR or on a contract pursuant to Art. 6 para. 1 lit. b) GDPR and b) the processing is carried out using automated procedures. When exercising your right to data transfer, you have the right to demand that we transfer your personal data directly to another controlling body, provided this is technically feasible. Freedoms and rights of other persons must not be affected by this.
The right to data transfer does not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the person responsible.
9. Automated decision in individual cases including profiling
You have the right not to be subject to any decision based solely on automated processing, including profiling, that has any legal effect on you, or similarly significantly affects you. This does not apply if the decision
(1) is necessary for the conclusion or performance of a contract between you and us,
(2) is lawful under the laws of the Union or the Member States to which we are subject and those laws contain reasonable measures to protect your rights and freedoms and your legitimate interests; or
(3) with your express consent.
However, these decisions may not be based on special categories of personal data pursuant to Art. 9 para. 1 GDPR, unless Art. 9 para. 2 lit. a or g GDPR apply and appropriate measures have been taken to protect the rights and freedoms as well as your legitimate interests.
With regard to the cases mentioned in (1) and (3), we shall take appropriate measures to protect the rights and freedoms as well as your legitimate interests, including at least the right to obtain the intervention of a person on the part of the responsible person, to present your own position and to contest the decision.
10. Right of appeal
You have the right to complain to a regulatory agency.
Without prejudice to any other administrative or judicial remedy, you have the right to complain to a supervisory authority, in particular in the Member State of your residence, place of work or place of presumed infringement, if you consider that the processing of your personal data is in breach of the GDPR.
The responsible data protection authorities are both the data protection authority at the customer's place of residence and the data protection authority responsible for us.
Toplitz Productions Gaming Content Guidelines
We are passionate about allowing our streamers the freedom to express themselves whilst enjoying the games we create. To ensure that you do so fairly, and in line with intellectual property and specifically copyright rules, we have set out the following guidelines for the use of gameplay and screenshots from our games (“Gaming Content”).
1. You may create, upload, livestream and monetise videos on online live streaming websites using our Gaming Content, but only using the authorised Monetization Methods (including advertising and partner programs of live streaming services and available to the public for free). Other forms of monetization of our intellectual property for commercial purposes are not permitted (including limiting access to our content for payment of any kind) or licensing our content to another company for a fee of any kind.
2. You may only use our Gaming Content which has been officially released to the public, or from promotional materials officially released (such as product trailers) and please do not post spoilers which ruin the experience for others.
3. You should include your own creative input and commentary on our Gaming Content. It is not permitted to make videos and images that just contain mere copies of our Gaming Content without any of your creative input or commentary.
4. If you want to use the intellectual property of a third party (e.g music) together with our Gaming Content, you are responsible for obtaining any necessary third-party permissions. Please note that some game soundtracks or songs may not be owned by us, but instead are licensed from an artist. As this varies from game to game, please be aware that music may trigger content flags and potential removal of the video. Game soundtracks may not be posted or distributed separately and apart from game footage.
5. You are not permitted to imply or state that your videos are officially affiliated with, sponsored, endorsed or approved by us.
6. We reserve the right to remove any content that we believe is unlawful, infringing, inappropriate, or not in line with these Guidelines at any time.
We will update these Guidelines from time to time. Please refer to the latest version before sharing your content.
We hope that the above Guidelines are set out clearly. However, please understand that we will not be able to respond to individual enquiries regarding these Guidelines. If you still have questions, please refer to the Frequently Asked Questions set out below:
1. What content is acceptable under the Guidelines? Additionally, what content is not acceptable?
We encourage you to use our Gaming Content in videos and images that feature your creative input and commentary. However, you may not simply upload or livestream an existing video, gameplay footage without your own creative input, or a copy of content created by someone else without their express permission and please do not post spoilers.
2. Do the Guidelines cover video uploads or livestreams as well?
These Guidelines cover both uploads and livestreams.
3. What exactly are the "Monetization Methods" as referred to in the Guidelines?
Streamers can monetise their streams through partner programs and/or advertising from YouTube, Twitch, Facebook, or other video sharing services. Collecting voluntary contribution, such as through SuperChat on YouTube and Bits on Twitch, is permitted as long as your video is also available for free to the public on YouTube, Twitch, Facebook, Twitter or other video sharing services.
4. Can I sell content that I create and upload or livestream on a sharing service if it includes your content or other creator content?
No, you may not sell any videos, music or images that you have created using our content or any other unauthorised IP content of a third party.
5. What about corporate entities, do the Guidelines apply to them?
The Guidelines are only applicable to individual streamers.
6. Will there be cases where we will remove content from sharing services?
Yes, we reserve the right to remove any content that we believe is unlawful, infringing, inappropriate, or not in line with these Guidelines. In some cases, we may take down videos on behalf of our third-party partners and in line with our End User License Agreement and Terms of Service.
7. What do you mean by content that is "unlawful, infringing, or inappropriate"?
Examples of unlawful, infringing, or inappropriate content includes some of the following, although these are given for guidance only and there may be others as set out in more detail in our ToS:
a. Content that infringes any of our intellectual property rights, our developers, or any other third-party intellectual property rights.
b. Content that violates any applicable laws or regulations.
c. Content that features pirated software.