Privacy Policy

Table of content

new game server

new game server

new game server

  1. Contact

Responsible

Responsible for data processing on this website and the offers described here is 
marbis GmbH
Griesbachstraße 10
76185 Karlsruhe

You can contact our customer service (info@nitrado.net) or our data protection team (datenschutz@nitrado.net) by e-mail at any time. We expressly point out that incoming e-mails are not only read by our data protection officer.

1.2 Data Protection Officer

You can also contact our data protection officer directly by mail to the above address (e.g., under the keyword "Attn. data protection officer") or by e-mail to dsb@nitrado.net.

  1. Data processing on this website / connection data

2.1 Calling up the website / connection data

Every time you use the website, connection data is collected that your browser automatically transmits to enable you to visit the website. This data includes in particular

  • the operating system and its interface

  • the date and time of the request

  • the content of the request (specific page)

  • the access status/HTTP status code

  • the information of a cookie and/or information in the local/session storage

  • the IP address

  • the amount of data transferred

  • the language and version of the browser

  • the website from which the request came and

  • the time zone difference to Greenwich Mean Time (GMT)

The processing of this data is necessary to enable the visit of the website and to maintain the website.

The legal basis of the processing is Art. 6 para. 1 lit. b DSGVO, insofar as the page view is for the initiation or execution of a contract, and otherwise Art. 6 para. 1 lit. f DSGVO. Our legitimate interest is to enable the website call itself and to ensure the functionality and security of our systems permanently.

To provide this website, we use Everflow of Everflow Technologies B.V., Herengracht 449A, 1017 BR Amsterdam, Netherlands. For more information, click here.

We have entered into an order processing agreement with Everflow Technologies B.V..

The access to information in the terminal device is carried out in accordance with § 25 para. 2 TTDSG.

2.2 Google reCAPTCHA

This website uses the reCAPTCHA tool, which is offered to persons in the European Economic Area by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, and to all other persons by Google LLC 1600 Amphitheatre Parkway Mountain View, CA 94043, USA (collectively "Google"). The tool checks whether input actually comes from a human being and thus prevents automated software ("bots") from performing (or performing) abusive activities on the website. For this purpose, reCAPTCHA uses JavaScript and tracking pixels, stores and reads cookies and information on your end device. In particular, the input behavior and a snapshot of the browser window are processed. In addition, Google reCAPTCHA reads cookies from other Google services. If you do not want such an assignment to your Google account, you must log out of Google before calling up the corresponding page.

The legal basis for the processing is Art. 6 para. 1 lit. f DSGVO. Our legitimate interest is in protecting our IT infrastructure, ensuring the stability of our website and preventing misuse.

We have concluded an order processing agreement with Google. In addition, an adequacy decision of the EU Commission for the United States - the headquarters of Google LLC - entered into force on July 10, 2023. Google LLC is certified under the new Data Privacy Framework.

You can find more information here.

  1. Data processing within the framework of the affiliate and partner program

3.1 Application / Applicant data

You can apply for one of our affiliate and/or partner programs. For the administration of your application and the decision on the conclusion of a contract, we process the applicant data provided by you. In particular, this includes the following information:

  • Language (mandatory information)

  • Telephone number (voluntary information)

  • Name of the company, individual or website as well as legal form(mandatory information)

  • Address, city, postal code and country (mandatory information)

  • Apartment, room, etc. (optional)

  • Type of partnership (e.g. app developer, blogs, websites, etc.) (Mandatory information)

  • Channel statistics (optional)

  • Interest in affiliate program (optional)

  • Game focus (optional) and

  • Planned advertising activities (mandatory information)

The provision of mandatory information is required for your application. The provision of voluntary information may influence the application process.

The legal basis of the processing is Art. 6 (1) lit. b DSGVO, insofar as the processing is necessary for the performance of a contract to which the data subject is a party, or for the performance of pre-contractual measures taken at the request of the data subject; Art. 6 (1) lit. c DSGVO, insofar as the processing is necessary for compliance with a legal obligation; and otherwise Art. 6 (1) lit. f DSGVO. Our legitimate interest is in the review of incoming applications, the performance of contracts to which the data subject is not a party, the performance of pre-contractual measures that are not at the request of the data subject, and the (possible) assertion, exercise or defense of legal claims.

We use Everflow (Everflow Technologies B.V.) and Spreadsheet (Google) to manage applications. For more information, see above under 2 Data processing on this website / connection data.

3.2 Partner program / Partner data

If we accept your application, you can benefit from our attractive partner offers. In this case, we will conclude a contract with you that regulates the details. In order to execute and terminate this contract, we link the applicant data mentioned above under 3.1 with further information and then process this data as partner data. In particular, this involves the following information:

  • Account manager

  • account status

  • Affiliate ID

  • Affiliate text

  • Discord

  • Email address

  • Group

  • Interests

  • Country

  • Name

  • Nitrado ID

  • Platforms

  • Server issues

  • Skype

  • Steam profile

  • Contract (Benefit Agreement) and

  • Start date of the contract

The provision of this data is necessary for the conclusion of a contract.

The legal basis of the processing is Art. 6 (1) lit. b DSGVO, insofar as the processing is necessary for the performance of a contract to which the data subject is a party, or for the performance of pre-contractual measures which are carried out at the request of the data subject; Art. 6 (1) lit. c DSGVO, insofar as the processing is necessary for the performance of a legal obligation; and otherwise Art. 6 (1) lit. f DSGVO. Our legitimate interest is in the review of incoming applications, the performance of contracts to which the data subject is not a party, the performance of pre-contractual measures that are not at the request of the data subject, and the (possible) assertion, exercise or defense of legal claims.

We use Everflow (Everflow Technologies B.V.) and Spreadsheet (Google) to manage our partners. For more information, see 3.1 Application / Applicant Data above.

4. Recipients of the data

4.1 Other companies of the "Nitrado Group”

For the initiation and execution of contracts, we use services of the following service providers:

  • Apex Hosting LLC, 7121 W Craig Road, Ste 113 PMB, 1203 Las Vegas, Nevada 89129, United States

  • Marbis/Nitrado USA, Inc., 4600 Kietzke Lane, Reno, Nevada 86502, USA

These companies act as processors for us. Therefore, we have concluded a corresponding agreement and standard contractual clauses (Implementing Decision (EU) 2021/914, Module 2 and Module 4) with them in accordance with Article 46 (2) lit. c DSGVO. More details are available upon request.

4.2 Other companies

In addition to the service providers mentioned in this privacy notice, we may also share your information with other recipients. These additional recipients include agencies, market research and consulting firms, the software vendors and IT service providers that maintain our software and service our systems, and the data center operators that host our website and databases. Our data centers are located in Australia (Sydney), Brazil (Sao Paulo), Germany (Frankfurt am Main), Japan (Tokyo), Singapore (Singapore), the United States (Los Angeles, New York, Miami) and the United Kingdom (London). If we pass on data to our service providers, these recipients may only use the data to perform their tasks. The service providers have been carefully selected and commissioned by us. Any processors are contractually bound to our instructions, have appropriate technical and organizational measures in place to protect the rights of data subjects, and are regularly monitored by us.

5. Data transfer to third countries

For the provision of our offers, we work in part with service providers who are based in third countries. Where this is the case, we have noted this. We would like to point out that for the United States, there is an adequacy decision in accordance with Article 45 (3) DSGVO. Otherwise, there is a risk that authorities in the respective third country (e.g. intelligence services) may access the transferred data, data subject rights may not be enforceable and/or effective legal remedies may not be available.

6. Storage period

In principle, we only store personal data for as long as it is required to fulfill the purposes for which we collected the data. In addition, as a trader, we are subject to certain retention obligations under tax law, e.g. from the German Fiscal Code (AO), the German Income Tax Act (EStG) or the German Commercial Code (HGB). According to Art. 6 Para. 1 lit. c DSGVO, we must continue to store personal data that is subject to such a retention obligation even after the purpose of the collection has been fulfilled. In this case, the storage period can be up to ten years.

If a contract is concluded, we store your applicant data as long as it is required for the implementation and termination of the contractual relationship. After termination of the contractual relationship, we retain the data for as long as is necessary to protect our legitimate interests (Art. 6 para. 1 lit. f DSGVO). Our legitimate interest in this case is to be able to fulfill claims that may only arise after fulfillment of the original contract, if necessary, and to defend ourselves against unlawfully raised claims. The storage period is based on the statutory limitation periods and is usually three years (§ 195 BGB).

If we reject your application, we will delete your data immediately. In justified exceptional cases, in particular if we suspect an attempt at fraud, we will continue to process certain data - the name and email address provided and the information from which the suspicion arises - even after the decision on your application. The legal basis of the processing in this case is the protection of legitimate interests (Art. 6 para. 1 lit. f DSGVO). Our legitimate interest is to prevent and clarify fraud attempts and cyber attacks, as well as to be able to examine and, if necessary, initiate legal action. The data will be deleted after two months following a decision on the application.

7. Your rights, in particular revocation and objection

If the legal requirements are met, you are entitled to the data subject rights formulated in the GDPR: 

  • Right of access of the data subject (Art. 15 GDPR);

  • Right to rectification (Art. 16 GDPR);

  • Right to erasure ("right to be forgotten", Art. 17 GDPR);

  • Right to restriction of processing (Art. 18 GDPR);

  • Right to data portability (Art. 20 DSGVO;

  • Right to object (Art. 21 DSGVO).

Insofar as we process your data on the basis of legitimate interests, you have the right to object to the processing of your data at any time, on grounds relating to your particular situation. If personal data is processed for the purpose of direct marketing, you have the right to object to the processing at any time;

To assert your rights, you can contact the above-mentioned contact persons at any time. This also applies if you wish to receive copies of guarantees demonstrating an adequate level of data protection. 

Requests to assert data protection rights and our responses to them will be kept for documentation purposes for a period of up to three years and, in individual cases, for the assertion, exercise or defense of legal claims even longer. The legal basis for the processing is Art. 6 (1) lit. f DSGVO. Our legitimate interest is the assertion, exercise or defense of legal claims and the fulfillment of our accountability obligations.

Finally, you have the right to complain about us to a competent data protection supervisory authority. You can assert this right, for example, with the

Landesbeauftragten für den Datenschutz und die Informationsfreiheit Baden-Württemberg

Lautenschlagerstraße 20

70173 Stuttgart

https://www.baden-wuerttemberg.datenschutz.de/kontakt-aufnehmen/

20. October 2023

© 2024 marbis GmbH. All rights reserved. All prices are shown as gross prices and include VAT.