Privacy policy for User Surveys and Interviews

Lotum media GmbH, Am Goldstein 1, 61231 Bad Nauheim, Germany, games@lotum.de ("Lotum" or "we") respects and protects your personal data.

The following Privacy Policy is intended to provide you with more detailed information about the collection, processing and use of data in connection with our User Surveys and Interviews.

Lotum collects, processes and uses personal data exclusively within the bounds of the applicable statutory provisions. Therefore, the high level of data protection enshrined in the General Data Protection Regulation (“GDPR”) and the German Telecommunication, Telemedia, Data Protection Act (Telekommunikation-Telemedien-Datenschutz-Gesetzes – TTDSG) applies.

1. Scope of Application

1.1 This Privacy Policy is intended for all participants ("Users") of a User Survey or Interview. If certain services or individual apps of Lotum have a different data protection declaration, such declaration shall apply.

1.2 The scope of this Privacy Policy does not include services and offers of third parties that may be referred to in the Games App by so-called links. Lotum neither assumes responsibility for their content nor for compliance with data protection regulations by these third parties, unless otherwise stated in the privacy policy of the linked content. This applies, for example, to links via which social networks such as Facebook or chat apps such as WhatsApp can be accessed, and to links in advertisements that are played. For information on the handling of the User's personal data and their respective protection on these platforms, please refer to the privacy statement on the respective platform.

2. Collection, processing and use of data when participating in User Surveys and Interviews

2.1 When participating in User Surveys or Interviews of Lotum, depending on the respective User Surveys and Interviews, various data may be collected for the improvement of the respective Game Apps. Information is collected from the direct conversation with you by our employee. The data categories may include

Your participation in the User Survey or Interviews is voluntary. During the User Interview, you may skip questions or leave the interview at any time. You are not obliged to disclose any information about yourself. The basis for the collection of this data is your consent pursuant to Art. 6 (1) sentence 1 lit. a) DSGVO.

2.2 Google and tl;dv services may be used as part of the User Surveys and Interviews. With the help of Google Forms, information on data protection is displayed and a form for consent to data processing is displayed for User Surveys and Interviews. With the help of tl;dv the recordings are transcribed. The basis for this processing is § 25 (2) no. 2 TTDSG and for the data processing in the context of calling up the website is our legitimate interest pursuant to Art. 6 (1) sentence 1 lit. f) DSGVO. It is our legitimate interest, in order to optimize the creation and further development of the freely available Game Apps, to offer an easy way to consent to data processing and information about data processing for User Surveys and Interviews.

The transmission of your personal data using Google Forms as well as the processing operations in the context of the use of Google Meet are carried out on the basis of your consent pursuant to Art. 6 (1) sentence 1 lit. a) DSGVO and Art. 49 (1) lit. a) DSGVO.

We would like to point out that the transmission of data to servers in the USA used by Google LLC may involve additional risks, for instance the enforcement of your rights to these data may be more difficult. In order to counter these risks, we have concluded the standard data protection clauses by the EU Commission with Google LLC for this data transfer and also stipulated appropriate protective measures therein, which, depending on the need for protection of the data, also include data encryption and can be improved in accordance with the legal and technical conditions for appropriate protection of the data. If data is transferred to Google LLC in the USA, such transfer is based on Article 46 (2) lit. c) GDPR.

3. Storage, storage period and deletion of data

3.1 We will process your personal data for as long as is necessary to achieve the purposes of the processing, is required by law to retain the data or is necessary for other reasons. Subsequently, the data will be deleted in accordance with the statutory provisions.

3.2 However, we retain data that we store for legal reasons for as long as this is legally required. After expiry of a statutory retention period, the data are deleted immediately, unless there are other reasons preventing deletion in terms of Article 17 (3) GDPR.

4. Data security

Lotum has taken appropriate technical and organizational measures to protect personal data against accidental loss, damage, unauthorized access and unauthorized alteration. In particular, Lotum's data are only transferred in encrypted form. Lotum however clarifies that data protection and data security cannot be guaranteed for transfers outside Lotum's sphere of influence.

5. Disclosure of personal data to third parties

5.1 Personal data will only be transferred to third parties without the User's explicit consent if this is necessary for the provision of Lotum's services (e.g. for the technical provision of the offer), unless stated otherwise at another point in this Privacy Policy. Accordingly, a transfer of data to such service providers (such as technical service providers) only takes place in order to protect our legitimate interests pursuant to Article 6 (1) sentence 1 lit. f) GDPR. Of course, Lotum will ensure that the respective service provider has taken appropriate technical and organizational measures to guarantee the security of the data before forwarding the User's personal data.

5.2 Apart from that, Lotum will not pass on the User's personal data to third parties, unless the User has expressly consented to the transfer (Article 6 (1) sentence 1 lit. a) GDPR) and Lotum is neither entitled nor obliged to transfer the data due to legal regulations or court orders. In the latter case, Lotum will transfer the data in order to fulfill a legal obligation according to Article 6 (1) sentence 1 lit. c) GDPR.

6. User Rights

6.1 Right to Object

The User has the right to object at any time, for reasons arising from the User's particular situation, to data processing based on Article 6 (1) sentence 1 lit. f) GDPR, unless Lotum can prove compelling reasons worthy of protection outweighing the User's interests, or the processing serves to assert, exercise or defend legal claims. The User may object to data processing for the purpose of direct marketing at any time without having to furnish special reasons for doing so.

6.2 Right to Information

The User has the right to obtain from Lotum information on personal data concerning the User stored at Lotum, on purposes of the processing, where such data come from, what kind of disclosure has been carried out, recipients or categories of recipients to whom personal data have been disclosed, storage period, and on the data subject's rights, free of charge, in writing or electronic form.

6.3 Right to Rectification, Erasure and/or Restriction of Data Processing

The User also has the right to demand at any time the rectification of inaccurate data, the deletion and/or, under the legal conditions, the restriction of the processing of the personal data stored about this User. The right to erasure exists only to the extent that Lotum is not legally required to retain the data and that there are no other reasons in terms of Article 17 (3) GDPR that prevent the erasure. Insofar as this includes personal data that are necessary for the provision of services to the User, the erasure or restriction of the processing of such data may only be carried out once the User no longer uses Lotum's offer.

6.4 Right to Data Portability

Moreover, in case the User has provided personal data concerning the User, and Lotum has processed these data due to the User's consent or for the purposes of performance of contract, the User has the right to request to be provided with these data from Lotum in a structured, commonly used and machine-readable format, as well as the right to have this information transmitted by Lotum to another data controller, where it is technically feasible (so-called right to data portability).

6.5 Right to Withdraw a Consent

All consents to the use of personal data declared by the User can be freely revoked by the User at any time with effect for the future.

6.6 Right to Lodge a Complaint with a Supervisory Authority

The User may also lodge a complaint with a supervisory authority against a data processing which in the User's opinion violates the statutory provisions.

7. Changes to this Privacy Policy

Lotum reserves the right to change this Privacy Policy at any time, and Lotum will always comply with the legal requirements of data protection. Therefore, Lotum recommends that Users regularly take note of the most up-to-date Privacy Policy.

Lotum media GmbH, Am Goldstein 1, 61231 Bad Nauheim, Germany, games@lotum.de

Data Protection Officer: Susanne Klein, c/o Beiten Burkhardt Services GmbH, Ganghoferstraße 33, 80339 Munich, Germany, privacy@lotum.de