Datenschutzrichtlinie

We want you to feel comfortable on crumbs.gg (our “website”) and not have to worry about the security of your data. That is why data protection is an important part of our corporate philosophy.

In this Privacy Policy, you will find all the information about which Personal Data we collect and process and for what purpose. Equally, we will also inform you of your data protection rights and how you can assert them.

General Principles

What is Personal Data?

Personal Data is “any information relating to an identified or identifiable natural person”. This includes, for example, name or address data, telephone number, mobile number, or online identifiers such as your device id and your IP address.

What is processing?

“Processing” means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means. The term is broad and covers virtually any handling of data.

Who is responsible for data processing?

The responsible party for data processing is Crumbs GmbH,Hagenholzstrasse 68., 8050 Zürich, Switzerland (“Crumbs”, “we”, “us”, or “our”). If you have any questions or if you wish to exercise your rights, please contact us by email using support@crumbs.gg or write to us at the above address.

What law applies?

Our use of your Personal Data is subject to both the Swiss Federal Data Protection Act, as amended (“nDSG”) and the EU`s General Data Protection Regulation (“GDPR”), and of course we process your Personal Data accordingly.

Further and under consideration that the nDSG has been modeled on the basis of the GDPR, no conflict should arise pursuing a uniform approach. However, should ambiguity occur the most stringent provision is chosen to ensure the most comprehensive approach when it comes to protecting your personal data. The association SwissPrivacy.Law has published a comparison table between the nDSG and the GDPR which can be consulted by visiting here.

What are the Legal Bases for processing Personal Data

In accordance with the nDSG and the GDPR, we have to have at least one of the following legal bases to process your Personal Data: a) you have given your consent, b) the data is necessary for the fulfillment of a contract / pre-contractual measures, c) the data is necessary for the fulfillment of a legal obligation, or d) the data is necessary to protect our legitimate interests, provided that your interests are not overridden.

Who is the competent data protection authority?

The supervisory authority in Switzerland is: The Swiss Federal Data Protection and Information Commissioner, Feldeggweg 1, CH-3003 Bern, Switzerland, www.edoeb.admin.ch

How long will you keep my data?

We process and store your Personal Data only for the period of time required to achieve the respective processing purpose or for as long as a legal retention period exists (in particular commercial and tax law in accordance with Switzerland's Commercial Law and Fiscal Code and others for up to 8 years). Once the purpose has been achieved or the retention period has expired, the corresponding data is routinely deleted.

What Personal Data do we process?

Technical Data

When you access our website, some access data is recorded automatically and stored in a log file on our website's server. This means if you browse and simply have a look at our website, we process a) the IP address of your computer, b) the date and time of your access, c) the name and URL of the accessed file, d) the browser used, e) the amount of bytes transferred, f) the status of the page request, g) the session ID and g) the referrer URL. The legal basis for processing is our legitimate interest.

Hosting of our website

We use the hosting services of Vercel Inc, for the purpose of hosting and displaying our website. Vercel does so on the basis of processing on our behalf, and that also means that all data collected on our website is processed on Vercel's servers. The basis for processing is our legitimate interest, and the initiation and/or fulfillment of a contract.

Cookies

We use so-called cookies on our website. Cookies are pieces of information that are transmitted from our web server or third-party web servers to your web browser and stored there for later retrieval. Cookies may be small files or other types of information storage. There are different types of cookies: i) Essential Cookies. Essential cookies are cookies to provide a correct and user-friendly website; and ii) Non-essential Cookies. Non-essential Cookies are any cookies that do not fall within the definition of essential cookies, such as cookies used to analyze your behavior on a website (“analytical” cookies) or cookies used to display advertisements to you (“advertising” cookies).

As set out in Switzerland`s Unfair Competition Act (as amended) (“UCA”), the Telecommunications Act (as amended) (“TA”) and the EU`s Privacy and Electronic Communications Directive (“PECD”), we need to obtain consent for the use of Non-essential Cookies. For further information on the cookies we use, please refer to our Cookie Policy. The legal basis for processing is our legitimate interest and your consent.

Cookie consent

Our website uses a cookie consent tool to obtain your consent to the storage of cookies and to document this consent. When you enter our website, the following Personal Data is transferred to us: a) Your consent(s) or revocation of your consent(s); b) Your IP address; c) Information about your browser; d) Information about your device; d) Time of your visit to our website. The basis for processing is our legitimate interest and your consent.

Economic analyses and market research

For business reasons, we analyze the data we have on web and server traffic patterns, website interactions, browsing behavior etc. The analyses serve us alone and are not disclosed externally and processed using anonymous analyses with summarized and or anonymized values. For this purpose we use Hotjar (Hotjar Ltd) and PostHog (PostHog Inc). The legal basis is our legitimate interest and your consent. For further information on our use of HotJar and PostHog, please refer to our Cookie Policy.

Contacting us and using our services

You can contact us in various ways and data is always collected in the process. You provide us with most of the data that we process when you contact us such as your name, and email address. This data is collected and processed exclusively for the purpose of contacting you and processing your request and then deleted again, provided that there is no legal obligation to retain it.

We process the personal data that arises when you use our services in order to provide our contractual services. In particular, this includes our support, correspondence with you, invoicing, fulfillment of our contractual, accounting and tax obligations. Accordingly, the data is processed on the basis of the fulfillment of our contractual obligations and our legal obligations.

Lastly, we process data in the context of administrative tasks as well as organization of our operations, financial accounting and compliance with legal obligations, such as archiving. In this regard, we process the same data that we process in the course of providing our contractual services. The purpose and our interest in the processing lies in the administration, financial accounting, office organization, archiving of data, i.e., tasks that serve the maintenance of our business activities, performance of our tasks and provision of our services.

The legal basis for processing the above is our legitimate interest, the provision or initiation of a contractual service and your consent.

Registration

As part of the registration process, users provide their Full Name, Email address, and their chosen password. The data provided will be used for the purposes of creating and using the account and providing and/or using our services.

Alternatively, you are able to sign up using the convenience login and sign up from Google or Apple. For convenience login and sign up, you will be asked to provide your basic information (i.e., name, email address, and display picture) linked to your account. When registering via Google's or Apple's connect function, you agree to the relevant terms and conditions and consent to certain data from your respective profile being transferred to us.

In the context of the use of our registration and the use of your account, the legal basis for the data processing is the fulfillment of our contractual obligations and, in individual cases, the fulfillment of our legal obligations as well as consent.

Service offers of third-party providers

We use service offers of third-party providers on the basis of our legitimate interests and for establishing the contract between you and us in order to integrate their services. This always requires that the third-party providers are aware of certain and mostly technical or anonymised information as without that data they would not be able to provide their services. Your information is therefore necessary for us to provide our services to you. The following provides an overview of third-party providers, together with links to their privacy policies, which contain further information on the processing of data and so-called opt-out measures:

• Clerk Inc. for authentication and user management;
• OpenAI OpCo, LLC to provide in game interactions;
• Google LLC Firebase Firestore for game data storage, real time communication, game updates, players profiles; and
• Sentry (Functional Software, Inc.) technical monitoring and health of the system.

Credit/Debit Cards Payments

Payment by credit card and debit card is made via the payment service provider Stripe to which you pass on your payment details during the checkout, for payment processing. The legal basis for the provision of a payment system is the establishment and implementation of the user contract for the use of the service.

Data Sharing

In certain cases, it is necessary to transmit the processed Personal Data in the course of data processing. In this respect, there are different recipient bodies and categories of recipients.

Internal

If necessary, we transfer your Personal Data within unboxing cycles. Of course, we comply with the associated legal framework and ensure that your data is processed properly. Access to your Personal Data is only granted to authorized employees who need access to the data due to their job, e.g., to provide our services or to contact you in case of queries.

External bodies

Personal Data is transferred to our service providers in the following instances:

• in the context of fulfilling our contract with you,
• to use marketing services and to advertise our services online,
• to communicate with you,
• to provide our website, and
• to state authorities and institutions as far as this is required or necessary.

International transfers

We may transfer your Personal Data to other companies as necessary for the purposes described in this Privacy Policy. In order to provide adequate protection for your Personal Data when it is transferred, we have contractual arrangements regarding such transfers. We take all reasonable technical and organizational measures to protect the Personal Data we transfer.

Security of your data

In order to protect the data stored with us in the best possible way against accidental or intentional manipulation, loss, destruction or access by unauthorized persons, we use appropriate technical and organizational security measures. The security levels are continuously reviewed in cooperation with security experts and adapted to new security standards.

Nevertheless, internet-based data transmissions can always have security gaps, so that absolute protection cannot be guaranteed. And databases or data sets that include Personal Data may be breached inadvertently or through wrongful intrusion. Upon becoming aware of a data breach, we will notify all affected individuals whose Personal Data may have been compromised as expeditiously as possible after which the breach was discovered.

Marketing

Insofar as you have given us your separate consent to process your data for marketing and advertising purposes, we are entitled to contact you for these purposes via the communication channels you have given your consent to.

You may give us your consent in a number of ways including by selecting a box on a form where we seek your permission to send you marketing information, or sometimes your consent is implied from your interactions or contractual relationship with us. Where your consent is implied, it is on the basis that you would have a reasonable expectation of receiving a marketing communication based on your interactions or contractual relationship with us.

Direct Marketing generally takes the form of email using the services of Postmark (ActiveCampaign, LLC) but may also include other less traditional or emerging channels. These forms of contact will be managed by us, or by our contracted service providers. Every directly addressed marketing sent or made by us or on our behalf will include a means by which you may unsubscribe or opt out.

Social Media

General

We are present on social media on the basis of our legitimate interest. If you contact or connect with us via social media, we and the relevant social media platform are jointly responsible for the processing of your data and enter into a so-called joint controller agreement. The Personal Information collected when contacting us is to handle your request and the bases are both your consent and our legitimate interest.

Market research and advertising

In addition, your data may be processed for market research and advertising purposes. For example, usage profiles can be created from your usage behavior and the resulting interests. This allows, for example, advertisements to be placed within and outside the platforms that presumably correspond to your interests. The legal basis is our legitimate interest.

When you visit our profiles and interact with us and others

When you visit our social media profiles, we, as the operator of the profile, process your actions and interactions with our profile (e.g., the content of your messages, enquiries, posts or comments that you send to us or leave on our profile or when you like or share our posts) as well as your publicly viewable profile data (e.g., your name and profile picture). Which Personal Information from your profile is publicly viewable depends on your profile settings, which you can adjust yourself in the settings of your social media account. The legal basis is our legitimate interest and your consent.

Advertising

We would like to show you interesting advertising outside of our website and use various third-party tools and cookies for this purpose. These collect and process information about your activities on our website - for example, which products you are interested in or which pages you visit. By knowing what you are looking for and how you use our website, we can adapt our advertising to your needs. And thus increase the likelihood that you will also be shown suitable and interesting advertising outside our website.

We also analyze this data to evaluate the relevance of the advertisements and to optimize the advertisements for you. Through the tools, your browser regularly establishes a connection to the server of the tool provider when you visit our website. For some tools, we have no direct influence on what data is processed by the providers. The following personal data may be processed by third-party providers i) HTTP header information (e.g., IP address, web browser, website URL, date and time); ii) measuring pixel-specific data (e.g., pixel ID and cookie ID); and iii) additional information about visits to our website. The legal bases for processing are our legitimate interest and your consent in case of cookies. For further information, please refer to our Cookie Policy.

Your Rights and Privileges

Privacy rights

Under the nDSG and GDPR, you can exercise the following rights:

• The right to access;
• The right to rectification;
• The right to erasure;
• The right to restrict processing;
• The right to object to processing;
• The right to data portability;
• The right to complaint to a supervisory authority

Updating your information

If you believe that the information we hold about you is inaccurate or request its rectification, deletion, or object to its processing, please do so by contacting us.

Withdrawing your consent

You can withdraw consents you have given at any time by contacting us.

Access Request

In the event you want to make a Data Subject Access Request, please contact us. We will respond to requests regarding access and correction as soon as reasonably possible. Should we not be able to respond to your request within thirty (30) days, we will tell you why and when we will be able to respond to your request. If we are unable to provide you with any Personal Data or to make a correction requested by you, we will tell you why.

What we do not do

• We do not request Personal Data from minors and children;
• We do not use Automated decision-making including profiling; and
• We do not sell your Personal Data.

Validity and questions

This Privacy Policy was last updated on Friday, 24th of November 2023, and is the current and valid version. However, we may update this policy for a number of reasons, such as to reflect a change in the law or to accommodate a change in our business practices and the way we use cookies. We recommend that you check here periodically for any changes. If you have any data protection questions, please feel free to contact us using support@crumbs.gg or write to us at the above address.