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TERMS OF SERVICE

These Terms of Service govern your rights and obligations, as users of the Portals administered and managed by OffGamers. Unless otherwise provided by OffGamers, all Portals introduced and managed by OffGamers shall be governed by these Terms of Service.

By registering an account with OffGamers and continued use of the Portals, it shall be deemed as acceptance of these Terms of Service by you., You hereby acknowledge and accept that your continued usage of the Portals shall be governed by these Terms of Service and any other guidelines and procedures, specific rules, procedures, terms and conditions for the products, services or facilities offered as determined or as may be amended by OffGamers at any time or from time to time at its absolute discretion. Such other guidelines and procedures, specific rules, procedures, terms and conditions for the products, services or facilities offered shall be deemed to be incorporated by reference and form part of these Terms of Service.

The Services are provided by OffGamers Global Pte. Ltd. (“OffGamers”), located at 50 Tagore Lane, #04-11C Entrepreneur Centre, Singapore 787494.

1. Definitions

In these Terms of Service, the following words and expression shall have the following meanings unless the context otherwise requires:

Account: means your account duly registered with OffGamers to facilitate your use of the Services available on the Portals (or any of them);

CD Key: means a printed matter containing letters and numbers, found on a card, sticker, or disc included with your game's packaging. The CD Key is usually included in the emailed purchase receipt for online purchases since no physical media is delivered;

Digital Goods: means digitized content, such as CD Key, Gift Card, Time Card, Expansion, Game Points, Pre-paid Card, Trial/Beta/Item Code, Game Key, Softpin and related features and functionality;

Expansion: means an expansion to a particular Game;

Game Key: means an activation key containing letters and numbers for a particular game;

Game Points: means a game currency that can be spent on a particular game to acquire items or services;

Gift Card: means an electronic gift card purchased on any of the Portals which contains a stored value available for redemption on the Portals;

OffGamers Points: means the points rewarded to you by OffGamers for purchase of goods and services on the Portals, and includes such other description used for these points at any time;

Parties: means collectively, OffGamers and you and “Party” shall mean any one of them;

Portals: means collectively, the web portals presently known as OffGamers.com and such other web portals of OffGamers introduced, administered and managed by OffGamers from time to time;

Pre-paid Card: means any card, the value of which you have paid for and loaded onto such card;

Services: means the services provided by OffGamers on the Portals, including, without limitation, publishing, reselling and retailing online games and related merchandise,;

Softpin: means activation codes that are generated by game publishers for use on a particular game;

Store Credit: means the electronic credit value available in the Account at any time;

Terms of Service: means these Terms of Service governing the use of the Services by you as may be amended at any time and from time to time as and when OffGamers shall in its absolute discretion deems necessary and shall include: (i) any guidelines, privacy policy, rules, procedures, Terms of Service for products, services or facilities, as determined by OffGamers from time to time; and (ii) any documents, directives, correspondence and agreements referred to in these Terms of Service and forming a part hereof, together with any amendments made at any time or from time to time to any of the foregoing;

Time Card: means a type of voucher that allows a player to activate or renew subscription time to a particular game; and

Trial/Beta/Item Code: means an activation key that is used to access a particular game or online services for a limited time.

2. Licence to Use

In consideration for you agreeing to these Terms of Service and your continued observance and compliance of these Terms of Service, OffGamers hereby grants you a revocable, non-commercial, non-exclusive, non-transferable license to access the Portals and use the Services in accordance with and and subject to the terms and conditions stated herein.

The Portals and Services provided by OffGamers and any portion thereof may not be reproduced, duplicated, copied, downloaded, sold, resold, visited or otherwise exploited for commercial purposes without the express consent from OffGamers. Any unauthorised use shall terminate the license granted by OffGamers.

3. Representations and Warranties

Each time when you access the Portals (or any of them), you irrevocably and unconditionally represent and warrant that:

  • you are of legal age in your country to access the Portals and by using the Services, you and your parent or guardian accept and agree to be bound by these terms.
  • you represent that you have either reached the age of “majority” or “legal responsibility” where you live, or your parent or legal guardian agrees to be bound by these Terms on your behalf.
  • the use of the Portals by you will not contravene any law or regulations in any jurisdiction in which
  • OffGamers has operations, or require OffGamers to be subject to any additional licensing requirement under the laws of that jurisdiction; and
  • your personal information and the documentation submitted in this respect, including, without limitation, your full name, telephone number, correspondence address and email address, are true and accurate. You shall forthwith promptly notify us in writing of any changes in your personal information.

4. Use of Services

  • You shall procure, at your own costs and expenses, the requisite equipment and software to connect and access the Portals and the ensuing use of the Services. You shall bear all charges and fees imposed by third parties in relation to and in connection with you connecting your equipment to the Portals (or any of them).
  • It is a pre-requisite to have a valid Account with OffGamers in order to access and utilize the Services and/or Portals. You may register for an Account here.
  • You shall keep the password to the Account secure and confidential. You shall not at any time or under any circumstances reveal or disclose your password to the Account to any unauthorized party and shall take all steps to prevent the disclosure of the password to the Account to any unauthorized party.
  • It is your responsibility to secure the information of your Account. Any notification or confirmation received by OffGamers from your Account shall be deemed to have been issued by you notwithstanding that such notification or confirmation may have been issued by a third party, whether authorized or otherwise, and you shall be bound by such notification or confirmation.
  • OffGamers shall not be liable for acting on the notification or confirmation sent through your Account. OffGamers shall not be obliged to investigate the authenticity or authority of persons effecting the notification or confirmation or verify the completeness of such notification or confirmation. Such notification or confirmation shall be deemed irrevocable and binding on you upon receipt by OffGamers notwithstanding any error, fraud, forgery and lack of clarity or misunderstanding in respect of the terms of such notification or confirmation.
  • Save as otherwise permitted by OffGamers, you shall not, directly or indirectly, use the Services for any commercial purposes.
  • You shall not to use the Portals or the Services (or any of them) to conduct any fraudulent, immoral or illegal activities or such activities that may infringe the intellectual property rights of third parties.
  • Unless otherwise permitted by OffGamers in writing, you shall not upload, post, email transmit or otherwise make available any unauthorized or illegal activities on the Portals or directly to other users of the Portals.
  • You shall not use any intellectual property belonging to OffGamers or any publishers listed on the Portals, including, without limitation, trademarks or trade names, whether registered or not, without the prior written consent of OffGamers.
  • You shall not be disruptive, be offensive or be a nuisance in any manner whatsoever to other users of the Portals or the employees of OffGamers.
  • You shall not directly or indirectly recruit and/or poach any customers obtained from the usage of the portals.
  • It is your primary responsibility to ensure that you are acquainted with the guidelines and procedures and these guidelines and procedures shall be deemed to be incorporated by reference and form part of the Term of Service, and may be updated from time to time by OffGamers at OffGamers's sole discretion. OffGamers shall not be liable for any errors, losses or damages caused by your use of the Services.
  • It is your responsibility to secure the information of your Account. Any notification or confirmation received by OffGamers from your Account shall be deemed to have been issued by you notwithstanding that such notification or confirmation may have been issued by a third party, whether authorized or otherwise, and you shall be bound by such notification or confirmation.
  • OffGamers shall not be liable for acting on the notification or confirmation sent through your Account. OffGamers shall not be obliged to investigate the authenticity or authority of persons effecting the notification or confirmation or verify the completeness of such notification or confirmation. Such notification or confirmation shall be deemed irrevocable and binding on you upon receipt by OffGamers notwithstanding any error, fraud, forgery and lack of clarity or misunderstanding in respect of the terms of such notification or confirmation.
  • You shall immediately notify OffGamers upon receipt of incomplete, garbled or inaccurate data or information from OffGamers. You shall also immediately notify OffGamers upon receipt of any data or information which is not intended for you. This shall be deemed to be confidential in nature and you shall delete such data or information from your Account. You shall continue to be bound by the requisite confidentiality obligations applicable thereafter and you shall not disclose such information to any third party.
  • You may need your own OffGamers account to use our Services and you are required to verify your details by providing your name and mobile number to receive a security token that allows you to access our Portals. You may be required to be logged in to the account and have a valid payment method associated with it.
  • You acknowledge and agree that OffGamers may at its absolute discretion refuse or permit you to use the Services at any point of time and OffGamers shall notify you via e-mail or any other form of communication of such refusal.
  • Unless otherwise permitted by OffGamers in writing, you shall not upload, post, email transmit or otherwise make available any unauthorized or illegal activities on the Portals or directly to other users of the Portals.
  • You shall not upload, post, email, transmit or in any other manner whatsoever make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication equipment, including, without limitation, the Portals.
  • You irrevocably and unconditionally allow and permit OffGamers to send to your Account updates on services and events offered or provided by OffGamers.

5. Digital Goods

  • The value of the Digital Goods reflected in the Account does not represent any credit value in real currency. The Digital Goods cannot be exchanged for real cash.
  • Unless otherwise permitted by OffGamers in writing, you are prohibited from selling, transferring or otherwise dispose of the Digital Goods to any other persons, whether within or outside the confines of the Portals (or any of them).
Refund and Exchange Policy & Disclaimer

Unless otherwise specified, any form of Digital Goods purchased into the customer's Account is non-refundable, non-transferable, and non-exchangeable.

OffGamers retains sole discretion to consider refund or exchange requests under exceptional cases, such as if the goods bought-in in any form of Digital Goods is deemed faulty or damaged.

The customer is required to submit a request to OffGamers.com within 6 months from the date of purchase on any faulty or damaged goods. Failure to do so will automatically forfeit the customer's right to make any refund or exchange.

6. Payment

  • You may pay for the Services in such currency that is available on the Portals in accordance with the prevailing exchange rate determined by OffGamers at its absolute discretion.
  • You shall be solely liable to make payments and applicable taxes, if any, in relation to and in connection with the usage of the Services (or any of them) through the Account.
  • OffGamers shall have the absolute discretion to cancel any payment request made by you without assigning any reasons whatsoever.
  • OffGamers shall be entitled to vary or modify or remove the modes of payment available on the Portals (or any of them) at any time without prior notice to you. Any payment accepted for orders in processing prior to the removal of the affected payment mode will be completed.
  • Please read the description thoroughly and confirm that the game name, server, account name and the amount purchased are correct.
  • OffGamers assumes no liability for wrong purchases made by the customer due to negligence and/or false/wrong information provided, which may result in damages/ losses. By purchasing any products from OffGamers, the customer understands, acknowledges and accepts this release of liability.
  • If you encounter any difficulties, please do not hesitate to contact our technical support for further assistance.

7. Availability of Services

  • The Services are usually available on a daily basis unless otherwise specified herein.
  • There may be certain times that the Services may not be available due to maintenance or malfunction of the Portals or such other reasons beyond the control of OffGamers. OffGamers makes no warranty that the Services will be available at the times stated herein.
  • Unless otherwise provided in these Terms of Service, OffGamers shall be entitled, at its absolute discretion, to change the procedures and/or the mode of operation of the Services at any time and from time to time for any reason whatsoever.
  • Notwithstanding any provisions to the contrary in these Terms of Service, OffGamers shall be entitled to:
    1. immediately terminate, discontinue, withdraw or suspend your use of the Services; or
    2. impose conditions or restrictions on your use of the Service.
  • In addition to above, if you do not utilise the Services for a continuous period of three (3) months, OffGamers may, at its absolute discretion, charge a fee for the maintenance of your Account.

8. Store Credit

  • To use Store Credit, you must maintain sufficient Store Credit in the Account before you use the Services.
  • Store Credit can be topped-up in the Account through the payment methods listed on the Portals. Store Credit can be used to purchase any of the Services or Digital Goods.
  • If there is insufficient Store Credit when you purchase any of the Services, OffGamers shall have the absolute discretion to either:
    1. reject or suspend the transaction; or
    2. require you to pay the shortfall through any of the other methods of payment available on the Portals.
  • OffGamers shall, as and when it deems fit, amend, modify, remove or add any Store Credit or Store Credit account without prior notice to you.
  • The Store Credit in the Account shall automatically expire, without prior notice given by OffGamers, on the last day of the second (2nd) year from the day when the Store Credit was first credited into the Account or such other timeframe as OffGamers may determine.
  • When the Account is closed, Store Credit is no longer accessible by you and any remaining balance of Store Credit will be refunded.

9. Gift Card

  • Each Gift Card must be redeemed in a single transaction by purchasing any Services on any of the Portals.
  • If the transaction value is more than the Gift Card value, such Gift Card value in excess of the transaction value will be credited into the Account as Store Credit.
  • If the transaction value is more than the Gift Card value, you are required to settle the shortfall with the Store Credit available in the Account or such methods of payment available on the Portals.
  • The Gift Card has a set dollar value that is printed on the front of the Card and cannot be used to purchase other Gift Cards.
  • Each Gift Card is not transferable and cannot be exchanged with cash.
  • OffGamers shall not be liable for any Gift Card that is stolen, misplaced or misused without authorisation. For the avoidance of doubt, OffGamers shall not be obliged to enquire or verify at the redemption of the Gift Card, if such Gift Card has been properly obtained.
  • OffGamers shall not be held responsible for the loss or damage of the Gift Card and any losses or damages suffered by the holder of the Gift Card that arise from or are in connection with the loss or damage of the Gift Card.
  • Notwithstanding above, if OffGamers has any doubts as to the authenticity of a Gift Card, OffGamers shall have the absolute discretion to withhold, suspend or cancel such Gift Card without any prior reference to you.
  • OffGamers reserves the right to deactivate/disable the Gift Card if it is fraudulently obtained or used in any means of payment for unsanctioned services unauthorized by OffGamers.
  • Each Gift Card shall be subject to such further rules and regulations as OffGamers may introduce at any time or from time to time.
  • Each Gift Card shall automatically expire, without prior notice given by OffGamers, on the last day of the second (2nd) year from the day when that Gift Card was first purchased or such other timeframe as OffGamers may determne.

10. OffGamers Points

  • You will be rewarded with OffGamers Points for each purchase of goods or services on the Portals.
  • You may redeem the OffGamers Points for goods or Services on the Portals. The OffGamers Points required to redeem such good or service shall be as stated in the Portals.
  • The redemption of the OffGamers Points shall be subject to such further rules and regulations as OffGamers may introduce at any time or from time to time.
  • OffGamers Points cannot be exchanged for cash.
  • Each OffGamers Points shall automatically expire, without prior notice given by OffGamers, on the last day of the second (2nd) year from the day when that OffGamers Points was first rewarded to you or such other timeframe as OffGamers may determine.
  • OffGamers Points will be forfeited once an account is closed and you will not be able to reactivate your account or redeem them after.

11. Softpin

  • Does not include manuals, installation CDs, box, physical card or other physical elements.
  • You will be able to view your code(s) in your order history page after the completion of your order.
  • Refund on pre-order item is available 2 weeks prior to product release. This does not apply to pre-order of CD Game Key. Once product is released there no refund, transfer or exchange shall be permitted.
  • Once you have completed the purchase for any pre-order, CD Key, Time Card, Game Expansion, Game Point, Pre-paid Card, Trial/Beta/Item Code, Game Key from OffGamers, this would mean you agree that all information you have entered are accurate and correct.
Refund and Exchange Policy & Disclaimer

OffGamers shall not be held responsible for the loss or damage of the Gift Card and any of the losses or damages suffered by the holder of the Gift Card that arise from or in connection with the loss or damage of the Gift Card.

Any form of CD Key, Gift Card, Time Card, Expansion, Game Points, Pre-paid Card, Trial/Beta/Item Code, Game Key, Softpin purchased into the customer's account is neither refundable nor exchangeable.

However, refund or exchange request in exceptional cases will be considered if the goods bought-in in any form of CD Key, Gift Card, Time Card, Expansion, Game Points, Pre-paid Card, Trial/Beta/Item Code, Game Key is deemed faulty or damaged.

The customer is required to submit a request to OffGamers.com within 6 months from the date of purchase on any faulty or damaged goods. Failure to do so will automatically forfeit the customer's right to make any refund or exchange.

OffGamers reserves the right to amend any of the terms and conditions above without prior notice.

12. Limitation on Liability

You agree and confirm that:

(a) OffGamers shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the Portals and Services, even if OffGamers has been advised of the possibility of such damages. OffGamers shall not be liable for any damages, liability or losses arising out of your use of or reliance on the OffGamers Portals and Services or your inability to access or use the same.

(b) OffGamers does not assume any responsibility or liability for the products, or content produced by any third parties. You should carefully review their privacy statements and other conditions of use.

(c) In any event, the liability of OffGamers shall be limited to value of the Services provided by OffGamers to you for the 3 months prior to the date such damage is allegedly first suffered.

(d) The limitations and disclaimer in this section do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.

13. Intellectual Property Rights

All copyrights, trade marks, service marks belong to the corresponding owners/publishers and OffGamers is not related or associated to any of the said owners/publishers in any respect. All Services offered on the Portals are offered by OffGamers, not the owners/publishers.

Such copyrights, trade marks, service marks, and other intellectual property rights owned by and used by OffGamers in its provision of Services solely belongs to OffGamers or its licensors, and shall remain OffGamers’ or its licensors’ property. Neither these Terms of Services nor the use of the Services convey or grants you any rights: (i) in relation to the Services except for the limited licence granted above; or (ii) to use or reference in any manner the OffGamers’ company name/brand, logo, product and service name(s), trademarkes or services marks, or those of OffGamers’licensors.

14. Reliability of Portals

  • You are aware that all transactions conducted on the Portals are through telecommunication and data network, and may be subject to disruption due to technical malfunctions, defects, or problems by reason or in connection with the network provider.
  • You are fully aware that your receipt of the notification from OffGamers and vice versa may be delayed or prevented by factors affecting the relevant service providers and other relevant parties.You accept that OffGamers cannot guarantee the prompt delivery of such notification or confirmation.
  • You acknowledge and confirm that you shall take all steps and measures to check and verify the transaction history of your Account.

15. Account

  • You shall immediately notify OffGamers if you are aware or believe your Account has been hacked or compromised.
  • You shall be liable for all transactions conducted through your Account at any time prior to the receipt by OffGamers of your notification as stated above.
  • Upon receipt of such notice, OffGamers may, as it deems fit, suspend its Services to you pending the conclusion of investigations.

16. Disclosure of Information

  • OffGamers shall be entitled and you irrevocably and unconditionally consent and authorise OffGamers to the extent permitted by law, to disclose or release any information pertaining to you or your transactions through the
  • Portals to such extent that OffGamers may at its absolute discretion deem fit to:
    1. such persons as OffGamers may be required to disclose under the applicable law;
    2. such other persons or entity pursuant to any governmental directive or order of the court; or
    3. any other party to whom disclosure is deemed to be reasonably necessary by OffGamers in relation to the provision of Services to you.
  • Save as otherwise permitted above, OffGamers will not disclose your personal information to any other party without prior notification to you.

17. Applicable Laws and Regulations

  • Your use of the Services shall be governed by and construed in accordance with the laws of the Republic of Singapore.
  • You agree to submit any dispute, controversy or claim arising out of or in connection with the Services, including these Terms of Service, to the exclusive jurisdiction of the courts of the Republic of Singapore.
  • Where required, you shall obtain the approval or consent or permission of the relevant regulatory authorities prior to using the Services.
  • For cross-border transactions, you shall be responsible for ensuring that, and you shall not violate the laws existing in the countries involved in the transaction.
  • You shall fully indemnify, defend and hold OffGamers, its officers, directors, employees, agents , and its related corporations from and against any and all claims, demands, losses, liabilities, and expenses (including legal fees) arising out of or in connection with your breach or contravention or non-compliance with any provision of this Terms of Service.

18. Suspension, Termination, Cancellation of Services

  • The Services (or any part thereof) may be cancelled by OffGamers at any time without prior notice to you. After cancellation, the Services (or any part thereof) may be reinstated in such manner and on such Terms of Service as OffGamers may at its absolute discretion determine.
  • Your rights under this terms will automatically terminate without notice if you fail to comply with any of its terms. We may terminate the terms or restrict, suspend, or canceled your use of Services at OffGamers discretion at any time, including if OffGamers determine that your use violates the terms, is improper, or otherwise involves fraud or misuse of Services or harms our interests or those of another user. OffGamers shall notify you via e-mail or any other form of communication of such suspension, termination or cancellation.
  • OffGamers reserves the right at all times to suspend or block access to and use of the Services (or any part thereof) for any reason whatsoever and for any length of time and upon any conditions that OffGamers may at its absolute discretion determine.
  • Upon suspension of the Services (or any part thereof):
    1. all rights granted to you hereunder shall immediately will be frozen pending investigations;
    2. all Digital Goods held under your Account or otherwise purchased by you shall be frozen pending investigations;
    3. OffGamers may at its absolute discretion, decide not to act on any request received by you after the effective date of suspension;
    4. OffGamers may at its absolute discretion, decide not to act on any confirmation or request received by you between the date of notice of suspension is given to you and the effective date of suspension (if there is a lapse of time between the two dates); and
    5. OffGamers shall notify you of the outcome of investigations.
  • Upon cancellation or termination of the Services (or any part thereof):
    1. all rights granted to you hereunder shall immediately terminate and shall revert to OffGamers;
    2. you shall immediately pay to OffGamers all outstanding fees and charges due and owing to OffGamers;
    3. OffGamers may at its absolute discretion, decide not to act on any request received by you after the effective date of termination;
    4. OffGamers may at its absolute discretion, decide not to act on any confirmation or request received by you between the date of notice of cancellation/termination is given to you and the effective date of termination (if there is a lapse of time between the two dates); and
    5. you hereby irrevocably and unconditionally authorise OffGamers to set off all moneys due and owing by you to OffGamers (if any) from the moneys that are payable by OffGamers to you in respect of the delivered purchased Digital Goods.

19. Notices

  • All notices and documents required to be given to OffGamers shall be sent by registered post to the OffGamers’ address listed on the Portals. Any notice or document sent by you to OffGamers shall be deemed duly notified when such notice or document is received by OffGamers.
  • All notices and documents required to be given by OffGamers under these Terms of Service to you shall be sent to you by any one of the following methods:
    1. electronic mail to your last known electronic mail address according to OffGamers’ records;
    2. posting the notice or communication on the Portals;
    3. notices placed with or in any of OffGamers’ written communications to you;
    4. notices placed through any media.
  • Any notice or document or communication through electronic mail or any other form of communication given by OffGamers to you shall be deemed to be served and received by you on the day following the date of transmission of such notice or document.

20. Waiver And Severance

  • Any failure by OffGamers to enforce at any time or for any period any one or more of these Terms of Service shall not be a waiver of them or of the right at any time subsequently to enforce these Terms of Service.
  • In the event that any provisions of these Terms of Service is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable OffGamers shall be entitled to amend that provision in such reasonable manner as would achieve the object and intention of OffGamers as to the void, voidable, illegal or otherwise unenforceable provision.
  • In any event, if any provision of these Terms of Service is determined to be invalid or unenforceable, then such invalidity or unenforceability shall not have any effect on any other provision of these Terms of Service, which shall remain valid and enforceable.

21. Variation

  • OffGamers reserves the right to amend these Terms of Service (and any other guidelines and procedures, specific rules, procedures, terms and conditions for the products, services or facilities offered) from time to time at its sole discretion. These Terms of Service may be modified, added to, deleted or varied by OffGamers by way of posting on the Portals or in any such other manner as OffGamers may in its absolute discretion determine.
  • OffGamers shall notify you through the Portal of such amendments within 30 days from the date of implementation of the same.
  • You agree that continued use of the Portals and Services shall constitute your acceptance of these Terms of Service (as modified and varied from time to time).

22. Assignment

You may not assign rights under these Terms of Service without the prior written consent of OffGamers.

23. Binding Effect

These Terms of Service shall be binding on your heirs, personal and legal representatives, estate, successors-in-title and permitted assigns (where applicable) you.

PRIVACY POLICY

OffGamers GDPR & LGPD Privacy Policy

OffGamers respects the data subject’s privacy and works hard to safeguard the privacy of the data subject’s personal data. We realize that the exciting growth of the Internet and online services raise questions concerning the nature, use and confidentiality of information collected about consumers. We want the data subject to know that we apply our long-standing commitment of safeguarding privacy to our online and Internet activities.

By providing Personal Information to us, the data subject isconsenting to this Privacy Statement and the collection, use, access, transfer, storage and processing of the data subject’s personal information as described in this Privacy Statement.

The use of the Internet pages of OffGamers is possible without any indication of personal data; however, if a data subject wants to use our services on the Portals, including, without limitation, reselling and retailing online games and related merchandises or games publishing, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we will obtain the data subject’s consent.

The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to OffGamers. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.

As the controller, OffGamers has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through the Portals. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.

In addition to GDPR, please note that we collect, store and handle personal information of individuals in accordance with the Personal Data Protection Act 2010 (“PDPA”) and the laws of Singapore. We are also in full compliance with the Lei Geral de Proteção de Dados (LGPD), which means the data subject can follow the LGPD process if the data subject want us to provide the data subject with a copy, make correction or remove the data subject’s data. Since we process data of individuals who are within the territory of Brazil, the Brazilian LGPD applies to our processing of the data subject’s Personal Data.

Please read the Privacy Statement below to understand how we use the personal information we may collect from the data subject. We will not use or share the data subject’s information with anyone except as described in this Privacy Policy.

1. Definitions

The data protection declaration of OffGamers is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and partners. To ensure this, we would like to begin by explaining the terminology used.

In this data protection declaration, we use, inter alia, the following terms:

  • Personal data
    Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular 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 the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
  • Data subject
    Data subject is any identified or identifiable natural person, whose personal data is processed by OffGamers.
  • Processing
    Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
  • Restriction of processing
    Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
  • Profiling
    Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
  • Pseudonymisation
    Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
  • Controller or controller responsible for the processing
    Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
  • Processor
    Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of OffGamers.
  • Recipient
    Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
  • Third party
    Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of OffGamers or processor, are authorised to process personal data.
  • Consent
    Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

Other capitalized terms not defined above, shall have the meaning granted to it in our Terms of Services.

2. Name and Address of the controller

Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection this is:
OffGamers
50 Tagore Lane,
#04-11C Entrepreneur Centre,
Singapore 787494
Phone: +65-3158 3145
Email: support@offgamers.com
Website: https://www.offgamers.com/

3. Information We Collect From You

We value each data subject’s trust in providing us their personal information.

A customer's name, address (postal and e-mail) and telephone number are the most important pieces of information, but we might request other information, based on, for example, the Service(s) being ordered or promoted.

Sharing, Disclosure, and Sale of Personal Data

OffGamers does not share, disclose or sell any personally-identifiable information (such as the data subject’s name, address, telephone number or e-mail address) collected online on OffGamers' Portals with other unaffiliated companies or organizations for non-OffGamers marketing purposes. Because this information is a critical part of our business, it would be treated like our other assets in the context of a merger, sale or other corporate reorganization or legal proceeding.

We will only provide personally-identifiable online information in response to subpoenas and other legal demands, and where we believe that disclosing this information is necessary to identify, contact or bring legal action against individuals who may be endangering public safety or interfering with OffGamers' services, or with our customers' or others' use of them.

Disclosure of the Data Subject’s Information (If Needed)

When the data subject has provided personal information to us for a particular purpose, we may disclose the data subject’s information to other companies that we have engaged to assist us in fulfilling the data subject’s request. This may include, but is not limited to, fulfillment houses, billing services, transaction managers, credit verification services, and other third-party service providers. We may also disclose any of the data subject’s personal information to law enforcement or other appropriate third parties in connection with criminal investigations, investigation of fraud, infringement of intellectual property rights, or other suspected illegal activities, or as otherwise may be required by applicable law, or, as we deem necessary in our sole discretion, in order to protect the legitimate legal interests of OffGamers.

Information of Children and Underage Adolescents

Children and underage adolescents may be users of our products and Services, provided that they are duly authorized by their parents or guardians or that their parents or guardians act on their behalf. In the event that their parents or guardians of these children become aware of an unauthorized data processing, they may submit their inquiries or complaints to support@offgamers.com.

When Do We Collect the Data Subject’s Personal Information?

We may collect personal information directly from data subjects when they:-

  • communicate with us (for example when the data subjects submit an application form to become our customer, or when they contact us for any enquiries including by calling our customer service,registering for an Account, using our Portals' Services or receiving our publications (for example, newsletters);
  • participate in any of our surveys;
  • enter into or participate in any competitions, contests or loyalty programs run/organized by OffGamers;
  • register interest and/or request for information of (through our online portals or other available channels) or subscribe to our products and/or Services;
  • respond to any marketing materials we send out;
  • visit or browse our Portals;
  • lodge a complaint with us; and/or
  • provide feedback to us (for example via our Portals or in hard copy).

Other than personal information obtained from the data subject directly (as detailed above), we may also obtain data subject’s personal information from third parties we deal with or are connected with the data subject (credit reference agencies or financial institutions), and from such other sources where the data subject has given their consent for the disclosure of information relating to the data subject, and/or where otherwise lawfully permitted.

How Do We Collect the Data Subject’s Personal Information?

OffGamers collects information online by asking the data subject for it, for example, when the data subject orders a Service, applies for a job, or responds to a survey, offer or other promotion.

Cookies:OffGamers may also use "cookies" and similar technology to obtain information about the data subject’s visits to our Portals or the data subject’s responses to e-mail from us - both individually and in aggregated data that does not identify the data subject. These reporting tools tell us the parts of our Portals or e-mails in which the data subject showed an interest or took some action, and help us improve the quality and usefulness of our Portals.

Content: Data subjects also provide us information in content they post to the Portals. The data subject’s content (such as reviews, photos and videos) and metadata about the data subject’s content will be viewed by other users. OffGamers can, but has no obligation, to monitor the content data subjects post on the Portals. We can remove any information data subjects post for any reason or no reason.

Payment Method: Data subjects will also be asked to submit Personal Information depending on the payment method data subjects choose when accessing, purchasing or subscribing to one of our products or Services. For example, if the data subject chooses to pay for a product/service by credit card, the data subject will be required to provide us the name of the data subject’s credit card issuer, credit card number, billing address, CVV number, and expiration date.

Log Files: When data subjects use the Portals, our servers automatically record certain information sent by the data subject’s web browser. These server logs may include information such as the data subject’s web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how the data subject interacts with links on the Portals, domain names, landing pages, pages viewed, mobile carrier, and other such information.

Geo-Location Information: When data subjects use the Portals by or through a mobile device, we may access, collect, monitor and/or remotely store “location data,” which may include GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of the data subject’s mobile device.

Third Party Tools: OffGamers uses third party analytics tools, to help understand use of the Portals. Many of these tools collect the information sent by the data subject’s browser as part of a web page request, including cookies and the data subject’s IP address. These analytics tools also receive this information and their use of it is governed by their privacy policy.

How Do We Use the Data Subject’s Information

OffGamers uses the personally-identifiable information collected online principally to provide data subjects with the service(s) data subjects have ordered and to let data subjects know about other offerings which may be of interest to data subjects. Postal and e-mail address information, for example, enables communication about services offered and ordered, as well as the proper provisioning and billing of those services. At any point of time, should the data subject feel the need to opt-out of future communications with OffGamers, options are given within the data subject’s Account to exclude those communicated messages to the data subject.

What We Request From Data Subjects

We request for data subjects to provide us accurate and complete information about themselves and any other person whose personal information the data subject provides us. We further request that data subjects update the information that they have provided us when it becomes incorrect or out of date by contacting us. This obligation is a condition to the provision of our Services to data subjects and/or any other person authorized or permitted by the data subject or the data subject’s organization/company to use the products and/or Services.

We Promise Privacy & Security

Both of us together play an important role in protecting against online fraud. The data subject should be careful that any information including their User ID, Password, or Security Code are not compromised by ensuring that each data subject does not knowingly or accidentally share, provide or facilitate unauthorized use of it. Do not share;

  • User ID – each data subject and every account user will receive a unique identifier.
  • Password - is the passphrase that each data subject uses to access our Services.
  • Security Code - sent to each data subject to verify the data subject’s access to our Services.

At OffGamers, we use encryption, firewalls and other technology and security procedures to help protect the accuracy and security of the data subject’s personal information and prevent unauthorized access or improper use. For example, data subjects will note that while using some features of the OffGamers's Portal, data subjects will need to submit a password or some other type of authenticating information.

Notices to the Changes in Privacy Policies

OffGamers reserves the right to change this Privacy Policy at any time by notifying registered users via e-mail of the existence of a new Privacy Policy and/or posting the new Privacy Policy on OffGamers' Portals. All changes to the Privacy Policy will be effective when posted, and the data subject’s continued use of OffGamers, product or service after the posting will constitute the data subject’s acceptance of, and agreement to be bound by, those changes.

4. Data protection provisions about the use of OffGamers

We use a tracking pixel. A tracking pixel is a miniature graphic embedded in a web page to enable log file recording and log file analysis to subsequently perform a statistical analysis. OffGamers also sets a cookie on the information technology system of the data subject. The definition of cookies is explained above. The setting of the cookie enables us to analyze the usage of our Portals. Using the data obtained, usage profiles are created. The usage profiles are used for the purpose of analyzing visitor behavior and enabling an improvement of our Internet offer. Data collected through the OffGamers component are not used to identify the data subject without first obtaining a separate and explicit consent from the data subject. These data will not be merged with personal data or with other data which contains the same usage profile. By default, OffGamers identifies the companies, not the individuals, who are accessing the Portals, and presents firmographic information. Personal information is only collected and stored based on opt-in preferences.

With each call-up to one of the individual pages of the Portals, the Internet browser on the information technology system of the data subject is programmatically requested to submit data for the purpose of online analysis to the OffGamers component. During the course of this technical procedure, OffGamers gains knowledge of visitor information, such as the requesting IP address, which inter alia, serves to understand the origin of visitors and clicks.

The cookie is used to store anonymized information, such as the access time, and the frequency of visits to our Portals. With each visit of our Internet pages, these visitor data, including the IP address of the Internet access used by the data subject, are logged and stored by the OffGamers server.

The data subject may prevent the setting of cookies through our Portals at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent OffGamers from setting a cookie on the information technology system of the data subject. In addition, cookies already in use by OffGamers may be deleted at any time via a web browser or other software programs.If OffGamers chooses “OffGamers” as lead identification option for their website, we might transmit personal data of the data subject to our processors. By implementing this lead identification option, the data subject agrees to the transfer of personal data required for lead identification. The personal data transmitted to OffGamers is usually first name, last name, email address, IP address, telephone number, mobile phone number, or other data necessary for lead identification processing. The transmission of the data is aimed at lead identification. OffGamers can transfer personal data to our processors, in particular, if a legitimate interest in the product or Service is given.

5. Cookies

The Portals use cookies. Cookies are text files that are stored in a computer system via an Internet browser.

Many Internet sites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited Internet sites and servers to differentiate the individual browser of the subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified using the unique cookie ID.

Through the use of cookies, OffGamers can provide the users of the Portals with more user-friendly services that would not be possible without the cookie setting.

By means of a cookie, the information and offers on our Portals can be optimized with the user in mind. Cookies allow us, as previously mentioned, to recognize our Portals users. The purpose of this recognition is to make it easier for users to utilize our Portals. The Portal user that uses cookies, e.g. does not have to enter access data (login credentials) each time the Portals is accessed, because this is taken over by the Portals, and the cookie is thus stored on the user’s computer system. In other words, it is not necessary to login again every time a new page is requested (a click). Another example is the cookie of a shopping cart in an online shop. The online store remembers the articles that a customer has placed in the digital shopping cart via a cookie.

The data subject may, at any time, prevent the setting of cookies through our Portals by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our Portals may be entirely usable.

6. Collection of general data and information

The Portals of OffGamers collects a series of general data and information when a data subject or automated system calls up the Portals. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our Portals (so-called referrers), (4) the sub-websites, (5) the date and time (so-called timestamp) of access to the Internet site, (6) an Internet protocol address (IP address), (7) the internet service provider (ISP) of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.

When using these general data and information, OffGamers does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our Portals correctly, (2) optimize the content of our Portals as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, OffGamers analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

7. Registration on our Portals

The data subject has the possibility to register on the Portals with the indication of personal data. Which personal data are transmitted OffGamers is determined by the respective sign-up form used for the registration which can be obtained from https://www.shasso.com/sso/login. The personal data entered by the data subject are collected and stored exclusively for internal use by OffGamers, and for his own purposes. OffGamers may request transfer to one or more processors that also uses personal data for an internal purpose which is attributable to OffGamers.

By registering on the Portals of OffGamers, the IP address—assigned by the internet service provider (ISP) and used by the data subject—date, and time of the registration are also stored. The storage of this data takes place against the background that this is the only way to prevent the misuse of our Services, and, if necessary, to make it possible to investigate committed offenses. OffGamers stores such data only insofar, the storage of this data is necessary to secure OffGamers. This data is not passed on to third parties unless there is a statutory obligation to pass on the data, or if the transfer serves the aim of criminal prosecution.

The registration of the data subject, with the voluntary indication of personal data, is intended to enable OffGamers to offer the data subject contents or services that may only be offered to registered users due to the nature of the matter in question. Registered persons are free to change the personal data specified during the registration at any time, or to have them completely deleted from the data stock of OffGamers.

The data controller shall, at any time, provide information upon request to each data subject as to what personal data are stored about the data subject. In addition, the data controller shall correct or erase personal data at the request or indication of the data subject, insofar as there are no statutory storage obligations. A Data Protection Officer particularly designated in this data protection declaration, as well as the entirety of OffGamers’s employees are available to the data subject in this respect as contact persons.

8. Subscription to our newsletters

On the Portals of OffGamers, users are given the opportunity to subscribe to our newsletter. The input section used for this purpose determines what personal data are transmitted, as well as when the newsletter is ordered from OffGamers.

OffGamers informs its customers and partners regularly by means of a newsletter about product offers. The enterprise’s newsletter may only be received by the data subject if (1) the data subject has a valid e-mail address and (2) the data subject registers for the newsletter shipping. A confirmation e-mail will be sent to the e-mail address registered by a data subject for the first time for newsletter shipping, for legal reasons, in the double opt-in procedure. This confirmation e-mail is used to prove whether the owner of the e-mail address as the data subject is authorized to receive the newsletter.

During the registration for the newsletter, we also store the IP address of the computer system assigned by the internet service provider (ISP) and used by the data subject at the time of the registration, as well as the date and time of the registration. The collection of this data is necessary in order to understand the (possible) misuse of the e-mail address of a data subject at a later date, and it therefore serves the aim of the legal protection of OffGamers.

The personal data collected as part of a registration for the newsletter will only be used to send our newsletter. In addition, subscribers to the newsletter may be informed by e-mail, as long as this is necessary for the operation of the newsletter service or a registration in question, as this could be the case in the event of modifications to the newsletter offer, or in the event of a change in technical circumstances. There will be no transfer of personal data collected by the newsletter service to third parties. The subscription to our newsletter may be terminated by the data subject at any time. The consent to the storage of personal data, which the data subject has given for shipping the newsletter, may be revoked at any time. For the purpose of revocation of consent, a corresponding link (‘unsubscribe’) is found in each newsletter. It is also possible to unsubscribe from the newsletter at any time directly on our Portals, or to communicate this to us in a different way.

9. Newsletter-Tracking

The newsletter of OffGamers contains tracking pixels. A tracking pixel is a miniature graphic embedded in such e-mails, which are sent in HTML format to enable log file recording and analysis. This allows a statistical analysis of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, OffGamers may see if and when an e-mail was opened by a data subject, and which links in the e-mail were called up (clicked on) by data subjects.

Such personal data collected in the tracking pixels contained in the newsletters are stored and analyzed by OffGamers in order to optimize the shipping of the newsletter, as well as to continuously adapt the content of future newsletters to the interests of the data subject. These personal data will not be passed on to third parties. Data subjects are at any time entitled to revoke the respective separate declaration of consent issued by means of the double-opt-in procedure. After a revocation, these personal data will be deleted by OffGamers. OffGamers automatically regards a withdrawal from the receipt of the newsletter as a revocation.

10. Contact possibility via the Portals

The Portals of OffGamers contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts OffGamers by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.

11. Subscription to comments in the blog on the Portals

The comments made in the blog of OffGamers may be subscribed to by third parties. In particular, there is the possibility that a commenter subscribes to the comments following his comments on a particular blog post.

If a data subject decides to subscribe to the option, OffGamers will send an automatic confirmation e-mail to check the double opt-in procedure as to whether the owner of the specified e-mail address decided in favor of this option. The option to subscribe to comments may be terminated at any time.

12. Routine erasure and blocking of personal data

The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which OffGamers is subject to.

If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.

13. Rights of the data subject

  • Right of confirmation
    Each data subject shall have the right granted by the European legislator to obtain from OffGamers the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact our Data Protection Officer or another employee of OffGamers.
  • Right of access
    Each data subject shall have the right granted by the European legislator to obtain from OffGamers free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:
    1. the purposes of the processing;
    2. the categories of personal data concerned;
    3. the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
    4. where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
    5. the existence of the right to request from OffGamers rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
    6. the existence of the right to lodge a complaint with a supervisory authority;
    7. where the personal data are not collected from the data subject, any available information as to their source;
    8. the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.

Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.

If a data subject wishes to avail himself of this right of access, he or she may at any time contact our Data Protection Officer or another employee of OffGamers.

  • Right to rectification
    Each data subject shall have the right granted by the European legislator to obtain from OffGamers without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.<.li>

If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact our Data Protection Officer or another employee of OffGamers.

  • Right to erasure (Right to be forgotten)
    Each data subject shall have the right granted by the European legislator to obtain from OffGamers the erasure of personal data concerning him or her without undue delay, and OffGamers shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
    1. The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
    2. The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
    3. The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
    4. The personal data have been unlawfully processed.
    5. The personal data must be erased for compliance with a legal obligation in Union or Member State law to which OffGamers is subject.
    6. The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.

If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by OffGamers, he or she may at any time contact our Data Protection Officer or another employee of OffGamers. The Data Protection Officer of OffGamers or another employee shall promptly ensure that the erasure request is complied with immediately.

Where OffGamers has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, OffGamers, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. The Data Protection Officer of OffGamers or another employee will arrange the necessary measures in individual cases.

  • Right of restriction of processing
    Each data subject shall have the right granted by the European legislator to obtain from OffGamers restriction of processing where one of the following applies:
    1. The accuracy of the personal data is contested by the data subject, for a period enabling OffGamers to verify the accuracy of the personal data.
    2. The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
    3. OffGamers no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
    4. The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of OffGamers override those of the data subject.

If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by OffGamers, he or she may at any time contact our Data Protection Officer or another employee of OffGamers. The Data Protection Officer of OffGamers or another employee will arrange the restriction of the processing.

  • Right to data portability
    Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from OffGamers to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in OffGamers.

Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.

In order to assert the right to data portability, the data subject may at any time contact the Data Protection Officer designated by OffGamers or another employee.

  • Right to object
    Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.

OffGamers shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.

If OffGamers processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to OffGamers to the processing for direct marketing purposes, the data subject could inform OffGamers to exclude the subject from any direct marketing approach and OffGamers will no longer process the personal data for these purposes.

In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by OffGamers for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

In order to exercise the right to object, the data subject may directly contact the Data Protection Officer of OffGamers or another employee. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.

  • Automated individual decision-making, including profiling
    Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which OffGamers is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.

If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, OffGamers shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of OffGamers, to express his or her point of view and contest the decision.

If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may at any time directly contact our Data Protection Officer of OffGamers or another employee of OffGamers.

  • Right to withdraw data protection consent
    Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.

If the data subject wishes to exercise the right to withdraw the consent, he or she may at any time directly contact our Data Protection Officer of OffGamers or another employee of OffGamers. In the event that such withdrawal of consent would mean that OffGamers is unable to provide its Services to the data subject, such data subject will be notified of the same before any termination of the Services.

14. Data protection provisions about the application and use of Facebook

On the Portals, OffGamers has integrated components of the enterprise Facebook. Facebook is a social network.

A social network is a place for social meetings on the Internet, an online community, which usually allows users to communicate with each other and interact in a digital space. A social network may serve as a platform for the exchange of opinions and experiences, or enable the Internet community to provide personal or business-related information. Facebook allows social network users to include the creation of private profiles, upload photos, and network through friend requests.

The operating company of Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, United States. If a person lives outside of the United States or Canada, the controller is the Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.

With each call-up to one of the individual pages of the Portals, which is operated by OffGamers and into which a Facebook component (Facebook plug-ins) was integrated, the web browser on the information technology system of the data subject is automatically prompted to download display of the corresponding Facebook component from Facebook through the Facebook component. An overview of all the Facebook Plug-ins may be accessed under https://developers.facebook.com/docs/plugins/. During the course of this technical procedure, Facebook is made aware of what specific sub-site of our Portals was visited by the data subject.

If the data subject is logged in at the same time on Facebook, Facebook detects with every call-up to our Portals by the data subject—and for the entire duration of their stay on our Internet site—which specific sub-site of our Internet page was visited by the data subject. This information is collected through the Facebook component and associated with the respective Facebook account of the data subject. If the data subject clicks on one of the Facebook buttons integrated into our Portals, e.g. the “Like” button, or if the data subject submits a comment, then Facebook matches this information with the personal Facebook user account of the data subject and stores the personal data.

Facebook always receives, through the Facebook component, information about a visit to our Portals by the data subject, whenever the data subject is logged in at the same time on Facebook during the time of the call-up to our Portals. This occurs regardless of whether the data subject clicks on the Facebook component or not. If such a transmission of information to Facebook is not desirable for the data subject, then he or she may prevent this by logging off from their Facebook account before a call-up to our Portals is made.

The data protection guideline published by Facebook, which is available at https://facebook.com/about/privacy/, provides information about the collection, processing and use of personal data by Facebook. In addition, it is explained there what setting options Facebook offers to protect the privacy of the data subject.

15. Data protection provisions about the application and use of Google Analytics

On the Portals, OffGamers has integrated the component of Google Analytics. Google Analytics is a web analytics service. Web analytics is the collection, gathering, and analysis of data about the behavior of visitors to Portalss. A web analysis service collects, inter alia, data about the Portals from which a person has come (the so-called referrer), which sub-pages were visited, or how often and for what duration a sub-page was viewed. Web analytics are mainly used for the optimization of a Portals and in order to carry out a cost-benefit analysis of Internet advertising.

The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States.

The purpose of the Google Analytics component is to analyze the traffic on our Portals. Google uses the collected data and information, inter alia, to evaluate the use of our Portals and to provide online reports, which show the activities on our Portals, and to provide other services concerning the use of our Portals for us.

Google Analytics places a cookie on the information technology system of the data subject. The definition of cookies is explained above. With the setting of the cookie, Google is enabled to analyze the use of our Portals. With each call-up to one of the individual pages of this Internet site, which is operated by OffGamers and into which a Google Analytics component was integrated, the Internet browser on the information technology system of the data subject will automatically submit data through the Google Analytics component for the purpose of online advertising and the settlement of commissions to Google. During the course of this technical procedure, the enterprise Google gains knowledge of personal information, such as the IP address of the data subject, which serves Google, inter alia, to understand the origin of visitors and clicks, and subsequently create commission settlements.

The cookie is used to store personal information, such as the access time, the location from which the access was made, and the frequency of visits of our Portals by the data subject. With each visit to our Internet site, such personal data, including the IP address of the Internet access used by the data subject, will be transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical procedure to third parties.

The data subject may, as stated above, prevent the setting of cookies through our Portals at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Google Analytics from setting a cookie on the information technology system of the data subject. In addition, cookies already in use by Google Analytics may be deleted at any time via a web browser or other software programs.

In addition, the data subject has the possibility of objecting to a collection of data that are generated by Google Analytics, which is related to the use of this Portals, as well as the processing of this data by Google and the chance to preclude any such. For this purpose, the data subject must download a browser add-on under the link https://tools.google.com/dlpage/gaoptout and install it. This browser add-on tells Google Analytics through a JavaScript, that any data and information about the visits of Internet pages may not be transmitted to Google Analytics. The installation of the browser add-ons is considered an objection by Google. If the information technology system of the data subject is later deleted, formatted, or newly installed, then the data subject must reinstall the browser add-ons to disable Google Analytics. If the browser add-on was uninstalled by the data subject or any other person who is attributable to their sphere of competence, or is disabled, it is possible to execute the reinstallation or reactivation of the browser add-ons.

Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/ and under http://www.google.com/analytics/terms/us.html. Google Analytics is further explained under the following link https://www.google.com/analytics/.

16. Data protection provisions about the application and use of Google Remarketing

On this Portals, OffGamers has integrated Google Remarketing services. Google Remarketing is a feature of Google AdWords, which allows an enterprise to display advertising to Internet users who have previously resided on the enterprise’s Internet site. The integration of Google Remarketing therefore allows an enterprise to create user-based advertising and thus shows relevant advertisements to interested Internet users.

The operating company of the Google Remarketing services is the Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States.

The purpose of Google Remarketing is the insertion of interest-relevant advertising. Google Remarketing allows us to display ads on the Google network or on other Portalss, which are based on individual needs and matched to the interests of Internet users.

Google Remarketing sets a cookie on the information technology system of the data subject. The definition of cookies is explained above. With the setting of the cookie, Google enables a recognition of the visitor of our Portals if he calls up consecutive web pages, which are also a member of the Google advertising network. With each call-up to an Internet site on which the service has been integrated by Google Remarketing, the web browser of the data subject identifies automatically with Google. During the course of this technical procedure, Google receives personal information, such as the IP address or the surfing behaviour of the user, which Google uses, inter alia, for the insertion of interest relevant advertising.

The cookie is used to store personal information, e.g. the Internet pages visited by the data subject. Each time we visit our Internet pages, personal data, including the IP address of the Internet access used by the data subject, is transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical procedure to third parties.

The data subject may, as stated above, prevent the setting of cookies through our Portals at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Google from setting a cookie on the information technology system of the data subject. In addition, cookies already in use by Google may be deleted at any time via a web browser or other software programs.

In addition, the data subject has the possibility of objecting to the interest-based advertising by Google. For this purpose, the data subject must call up the link to www.google.de/settings/ads and make the desired settings on each Internet browser used by the data subject.

Further information and the actual data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/.

17. Data protection provisions about the application and use of Google-AdWords

On the Portals, OffGamers has integrated Google AdWords. Google AdWords is a service for Internet advertising that allows the advertiser to place ads in Google search engine results and the Google advertising network. Google AdWords allows an advertiser to pre-define specific keywords with the help of which an ad on Google’s search results only then displayed, when the user utilizes the search engine to retrieve a keyword-relevant search result. In the Google Advertising Network, the ads are distributed on relevant web pages using an automatic algorithm, taking into account the previously defined keywords.

The operating company of Google AdWords is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, UNITED STATES.

The purpose of Google AdWords is the promotion of our Portals by the inclusion of relevant advertising on the Portalss of third parties and in the search engine results of the search engine Google and an insertion of third-party advertising on our Portals.

If a data subject reaches our Portals via a Google ad, a conversion cookie is filed on the information technology system of the data subject through Google. The definition of cookies is explained above. A conversion cookie loses its validity after 30 days and is not used to identify the data subject. If the cookie has not expired, the conversion cookie is used to check whether certain sub-pages, e.g, the shopping cart from an online shop system, were called up on our Portals. Through the conversion cookie, both Google and OffGamers can understand whether a person who reached an AdWords ad on our Portals generated sales, that is, executed or canceled a sale of goods.

The data and information collected through the use of the conversion cookie is used by Google to create visit statistics for our Portals. These visit statistics are used in order to determine the total number of users who have been served through AdWords ads to ascertain the success or failure of each AdWords ad and to optimize our AdWords ads in the future. Neither our company nor other Google AdWords advertisers receive information from Google that could identify the data subject.

The conversion cookie stores personal information, e.g. the Internet pages visited by the data subject. Each time we visit our Internet pages, personal data, including the IP address of the Internet access used by the data subject, is transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical procedure to third parties.

The data subject may, at any time, prevent the setting of cookies by our Portals, as stated above, by means of a corresponding setting of the Internet browser used and thus permanently deny the setting of cookies. Such a setting of the Internet browser used would also prevent Google from placing a conversion cookie on the information technology system of the data subject. In addition, a cookie set by Google AdWords may be deleted at any time via the Internet browser or other software programs.

The data subject has a possibility of objecting to the interest based advertisement of Google. Therefore, the data subject must access from each of the browsers in use the link www.google.de/settings/ads and set the desired settings.

Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/.

18. Data protection provisions about the application and use of LinkedIn

OffGamers has integrated components of the LinkedIn Corporation on this Portals. LinkedIn is a web-based social network that enables users with existing business contacts to connect and to make new business contacts. LinkedIn is currently the largest platform for business contacts and one of the most visited Portalss in the world.

The operating company of LinkedIn is LinkedIn Corporation, 2029 Stierlin Court Mountain View, CA 94043, UNITED STATES. For privacy matters outside of the UNITED STATES LinkedIn Ireland, Privacy Policy Issues, Wilton Plaza, Wilton Place, Dublin 2, Ireland, is responsible.

With each call-up to one of the individual pages of this Internet site, which is operated by OffGamers and on which a LinkedIn component (LinkedIn plug-in) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to the download of a display of the corresponding LinkedIn component of LinkedIn. Further information about the LinkedIn plug-in may be accessed under https://developer.linkedin.com/plugins. During the course of this technical procedure, LinkedIn gains knowledge of what specific sub-page of our Portals was visited by the data subject.

If the data subject is logged in at the same time on LinkedIn, LinkedIn detects with every call-up to our Portals by the data subject—and for the entire duration of their stay on our Internet site—which specific sub-page of our Internet page was visited by the data subject. This information is collected through the LinkedIn component and associated with the respective LinkedIn account of the data subject. If the data subject clicks on one of the LinkedIn buttons integrated on our Portals, then LinkedIn assigns this information to the personal LinkedIn user account of the data subject and stores the personal data.

LinkedIn receives information via the LinkedIn component that the data subject has visited our Portals, provided that the data subject is logged in at LinkedIn at the time of the call-up to our Portals. This occurs regardless of whether the person clicks on the LinkedIn button or not. If such a transmission of information to LinkedIn is not desirable for the data subject, then he or she may prevent this by logging off from their LinkedIn account before a call-up to our Portals is made.

LinkedIn provides under https://www.linkedin.com/psettings/guest-controls the possibility to unsubscribe from e-mail messages, SMS messages and targeted ads, as well as the ability to manage ad settings. LinkedIn also uses affiliates such as Eire, Google Analytics, BlueKai, DoubleClick, Nielsen, Comscore, Eloqua, and Lotame. The setting of such cookies may be denied under https://www.linkedin.com/legal/cookie-policy. The applicable privacy policy for LinkedIn is available under https://www.linkedin.com/legal/privacy-policy. The LinkedIn Cookie Policy is available under https://www.linkedin.com/legal/cookie-policy.

19. Data protection provisions about the application and use of Twitter

On the Portals, OffGamers has integrated components of Twitter. Twitter messages (tweets) are available for everyone, including those who are not logged on to Twitter. The tweets are also displayed to so-called followers of the respective user. Followers are other Twitter users who follow a user’s tweets. Furthermore, Twitter allows data subjects to address a wide audience via hashtags, links or retweets.

The operating company of Twitter is Twitter, Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, UNITED STATES.

With each call-up to one of the individual pages of this Internet site, which is operated by OffGamers and on which a Twitter component (Twitter button) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to download a display of the corresponding Twitter component of Twitter. Further information about the Twitter buttons is available under https://about.twitter.com/de/resources/buttons. During the course of this technical procedure, Twitter gains knowledge of what specific sub-page of our Portals was visited by the data subject. The purpose of the integration of the Twitter component is a re-transmission of the contents of this website to allow our users to introduce this web page to the digital world and increase our visitor numbers.

If the data subject is logged in at the same time on Twitter, Twitter detects with every call-up to our Portals by the data subject and for the entire duration of their stay on our Internet site which specific sub-page of our Internet page was visited by the data subject. This information is collected through the Twitter component and associated with the respective Twitter account of the data subject. If the data subject clicks on one of the Twitter buttons integrated on our Portals, then Twitter assigns this information to the personal Twitter user account of the data subject and stores the personal data.

Twitter receives information via the Twitter component that the data subject has visited our Portals, provided that the data subject is logged in on Twitter at the time of the call-up to our Portals. This occurs regardless of whether the person clicks on the Twitter component or not. If such a transmission of information to Twitter is not desirable for the data subject, then he or she may prevent this by logging off from their Twitter account before a call-up to our Portals is made. The applicable data protection provisions of Twitter may be accessed under https://twitter.com/privacy?lang=en.

20. Legal basis for the processing

Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. If our company is subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of OffGamers (Recital 47 Sentence 2 GDPR).

21. The legitimate interests pursued by OffGamers or by a third party

Where the processing of personal data is based on Article 6(1) of GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders, while maintaining our obligations;

  • to preventing fraud by using personal information to prevent and detect fraud and abuse in order to protect the security of our customers, OffGamers, and others. We may also use scoring methods to assess and manage credit risks;
  • to ensure anti-money laundering compliance through verification to minimize fraud and also to prevent the creation and the use of fraudulent accounts;
  • to ensure network and information security by utilizing a wide variety of programs that validate our security controls;
  • to identifying criminal or suspicious transactions or threats to public safety;
  • to improve or enhance the operations of OffGamers, and the Services provided by OffGamers to data subjects; and
  • to learn about and understand the data subject’s behavior or any other customers of OffGamers in relation to our Services.

22. Period for which the personal data will be stored

The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.

23. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data

We clarify that the provision of personal data may be required by law (e.g. tax regulations) or may also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact our Data Protection Officer. Our Data Protection Officer clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.

24. Existence of automated decision-making

As a responsible company, we do not use automatic decision-making or profiling.

Last Updated: 22 September 2020