PRIVACY POLICY

This privacy policy explains to you the type, scope and purpose of the processing of personal data (hereinafter referred to as “data") within our online service and the associated websites, functions and contents as well as external online presences, e.g. our social media profile. (hereinafter jointly referred to as “online service"). With regard to the terms used, such as “processing" or “person in charge", we refer to the definitions in first section below.

PERSON IN CHARGE

Stunt Pilot

Email address: report@falloutmarket76.com

TYPES OF PROCESSED DATA:

  • Data of usage as facilitated by Google Analytics
    • Visited websites
    • Interest in content
    • Access times
  • Meta-/Communications Data as facilitated by Google Analytics
    • Device Information
    • Browser Type and Browser Version
    • Used operating system
    • Hostname of the accessing computer
    • Time of the server request
    • IP-Address

ADDITIONAL PROCESSED DATA FOR REGISTERED USERS

  • Inventory data
    • Username
    • Password (encrypted)
    • Country
    • Region
    • Profile picture
  • Contact details
    • Email
    • Reddit Account
    • PlayStation Network Account
    • Xbox Live Account
    • Bethesda.net Account
    • Discord Username
    • User-submitted profile information
  • Content data
    • Trade Informations
    • Comments
    • Private messages
    • Photo Upload Information
    • Trade Favorites

PURPOSE OF PROCESSING

  • Provision of the online service, its functions and contents. This includes posting trades, comments, and sending messages.
  • Responses to contact requests and communication with users.
  • Safety precautions
  • Range measurement/Marketing

TERMS USED

“Personal data" means any information relating to an identified or identifiable natural person (hereinafter referred to as “affected person"); an identifiable natural person is one who can be identified, directly or indirectly, in particular by assignment to an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or to one or more special features that express the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.

“processing" means any operation carried out with or without the aid of automated procedures or any such series of operations in connection with personal data. The term goes a long way and covers practically every handling of data.

“Person in charge" means the natural or legal person, authority, institution or other body that alone or together with others decides on the purposes and means of processing personal data.

APPLICABLE LEGAL BASES

In accordance with Art. 13 GDPR, we inform you of the legal basis of our data treatment. If the legal basis is not mentioned in the privacy policy, the following applies: The legal basis for obtaining consents is Art. 6 para. 1 lit. a and Art. 7 GDPR, the legal basis for processing for the performance of our online services and performance of contractual measures as well as for answering inquiries is Art. 6 para. 1 lit. b GDPR, the legal basis for processing to fulfil our legal obligations is Art. 6 para. 1 lit. c GDPR, and the legal basis for processing to protect our legitimate interests is Art. 6 para. 1 lit. f GDPR. In the event that the vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR serves as the legal basis.

SAFETY PRECAUTIONS

We ask you to inform yourself regularly about the contents of our privacy policy. We will adapt the privacy policy as soon as changes in the data processing carried out by us make this necessary. We will inform you as soon as the changes require your cooperation (e.g. consent) or other individual notification.

COOPERATION WITH CONTRACT PROCESSORS AND THIRD PARTIES

If we disclose data to other persons and companies (contract processors or third parties) within the scope of our processing, transmit it to them or otherwise grant them access to the data, this shall only take place on the basis of a legal permission (e.g. if a transmission of the data to third parties, such as payment service providers, in accordance with Art. 6 Para. 1 lit. b GDPR for contract fulfilment is necessary), if you have consented, if a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).

If we commission third parties with the processing of data on the basis of a so-called “data processing addendum", this is done on the basis of Art. 28 GDPR.

TRANSFERS TO THIRD COUNTRIES

If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this occurs in the context of the use of third-party services or disclosure or transfer of data to third parties, this only takes place if it occurs for the fulfilment of our (pre)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or leave the data in a third country only if the special requirements of Art. 44 ff. Process GDPR. This means, for example, processing is carried out on the basis of special guarantees, such as the officially recognised determination of a data protection level corresponding to the EU (e.g. for the USA by the “Privacy Shield") or compliance with officially recognised special contractual obligations (so-called “standard contractual clauses").

RIGHTS OF AFFECTED PERSONS

You have the right to request confirmation as to whether the data concerned are being processed and to request information about these data as well as further information and a copy of the data in accordance with Art. 15 GDPR. You can request and download your data here (GDPR weidget):

In accordance with Art. 16 GDPR, you have the right to request the completion of data concerning you or the correction of incorrect data concerning you.

In accordance with Art. 17 GDPR, you have the right to demand that relevant data be deleted immediately or, alternatively, to demand a restriction on the processing of the data in accordance with Art. 18 GDPR.

You can request the deletion of your personal data here: https://falloutmarket76.com/GDPR

You have the right to request that the data concerning you that you have provided to us be received in accordance with Art. 20 GDPR and to request its transmission to other persons in charge.

CANCELLATION RIGHT

You have the right to revoke consents granted pursuant to Art. 7 para. 3 GDPR with future effect

RIGHT OF OBJECTION

You can object to the future processing of the data concerning you in accordance with Art. 21 GDPR at any time. The objection may be lodged in particular against processing for direct marketing purposes.

COOKIES AND RIGHT OF OBJECTION IN DIRECT ADVERTISING

“Cookies" are small files that are stored on the user’s computer. Different data can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after his or her visit to an online service. Temporary cookies, or “session cookies" or “transient cookies", are cookies that are deleted after a user leaves an online service and closes his browser. In such a cookie, for example, the content of a shopping basket can be stored in an online shop or a login jam. Cookies are referred to as “permanent" or “persistent" and remain stored even after the browser is closed. For example, the login status can be saved when users visit it after several days. Likewise, the interests of users used for range measurement or marketing purposes may be stored in such a cookie. “Third-party cookies" are cookies that are offered by providers other than the person in charge for operating the online service (otherwise, if they are only its cookies, they are referred to as “first-party cookies").

We may use temporary and permanent cookies and clarify this within the framework of our privacy policy.

If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online service.

A general objection to the use of cookies used for online marketing purposes can be declared for a large number of services, especially in the case of tracking, via the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be achieved by deactivating them in the browser settings. Please note that in this case not all functions of this online service can be used.

DELETION OF DATA

The data processed by us will be deleted or their processing restricted in accordance with Articles 17 and 18 GDPR. Unless expressly stated in this privacy policy, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory storage obligations. If the data are not deleted because they are necessary for other and legally permissible purposes, their processing is restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained to prevent misuse or for commercial or tax reasons.

According to legal requirements in Germany, the storage is carried out in particular for 10 years in accordance with §§ 147 para. 1 AO, 257 para. 1 no. 1 and 4, para. 4 HGB (books, records, management reports, accounting documents, trading books, documents relevant for taxation, etc.) and 6 years in accordance with § 257 para. 1 no. 2 and 3, para. 4 HGB (commercial letters).

Furthermore, we reserve the right, on the basis of our legitimate interests pursuant to Art. 21 para. 1 lit. f. GDPR, to continue to store account information such as PlayStation Network ID, Xbox Live ID or Bethesda.net ID to identify registered users in the event of abuse or fraud, even in the event of requests to delete personal data, in order to prevent future misuse of page functions and to provide adequate protection for other users of the website.

DATA RETENTION

We will maintain the personal information as long as you actively use your account on our online service. We will deactivate any account and delete any and all information entered by you into our system, if you have not logged into our online service for longer than 24 months. We are not responsible for any loss of information you may experience as a result of this. We will also delete any data you provided us while using our online service if you request us to do so (for details see “Rights of affected persons"). For technological reasons your account will be deleted from our servers within 1 month following your request. In the case of the company termination or discontinuation of service, your data will be permanently deleted.

HOSTING

The hosting services we use serve to provide the following services: Infrastructure and platform services, computing capacity, storage space and database services, security services and technical maintenance services that we use for the purpose of operating this online service.

We or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta- and communication data of customers, interested parties and visitors of this online service on the basis of our legitimate interests in an efficient and secure provision of this online service according to Art. 6 Para. 1 lit. f GDPR in conjunction with. Art. 28 GDPR (conclusion of data processing addendum).

Our online services are hosted on GoDaddy.com LLC, 14455 North Hayden Road, Suite 219, Scottsdale, AZ 85260, United States.

COLLECTION OF ACCESS DATA AND LOG FILES

We, or our hosting provider, collect the following data on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. GDPR data on each access to the server on which this online service is located (so-called server log files). Access data includes the name of the accessed website, file, date and time of access, transferred data volume, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider.

Log file information is stored for a maximum of 7 days for security reasons (e.g. to investigate misuse or fraud) and then deleted. Data whose further storage is required for evidentiary purposes are excluded from deletion until the respective incident has been finally clarified.

CONTENT-DELIVERY-NETWORK BY GODADDY

We use a Content Delivery Network (CDN), offered by GoDaddy.com LLC, 14455 North Hayden Road, Suite 219, Scottsdale, AZ 85260, United States. GoDaddy.com LLC is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnZKAA0&status=Active).

A CDN is a service with the help of which contents of our online service, in particular large media files, such as graphics or scripts, are delivered faster with the help of regionally distributed servers connected via the Internet. User data is processed solely for the aforementioned purposes and to maintain the security and functionality of the CDN.

The use is based on our legitimate interests, i.e. interest in a secure and efficient provision, analysis and optimisation of our online service in accordance with Art. 6 para. 1 lit. f. GDPR.

For more information, see GoDaddy’s privacy policy:

https://www.godaddy.com/security-policy.

SSL OR TLS ENCRYPTION

For security reasons and to protect the transmission of confidential content that you send to us as the site operator, our website uses SSL or TLS encryption. This means that data that you transmit via this website cannot be read by third parties. You can recognize an encrypted connection by the “https://" address line of your browser and the lock symbol in the browser line.

REGISTRATION

Users can optionally create a user account. During the registration process, users will be provided with the required information. The data entered during registration will be used for the purpose of using the online service. Users can be informed by email about information relevant to services or registration, such as changes to the scope of services or technical circumstances. If users have terminated their user account, their data will be deleted with regard to the user account, subject to its storage is necessary for commercial or tax reasons according to Art. 6 Para. 1 lit. c GDPR. It is up to the users to save their data before the end of the contract if they have given notice of termination. We are entitled to irretrievably delete all user data stored during the term of the contract.

As part of the use of our registration and login functions and the use of user accounts, we store the IP address and the time of the respective user action. The data is stored on the basis of our legitimate interests as well as the user’s protection against misuse and other unauthorized use. A passing on of this data to third parties does not take place in principle, unless it is necessary to pursue our claims or there is a legal obligation in accordance with Art. 6 para. 1 lit. c GDPR. The IP addresses are anonymized or deleted after 7 days at the latest.

CHILDREN – YOUNGER THAN 17

Although we welcome users from all walks of life, falloutmarket76.com is not intended for people under the age of 17. Therefore, persons under the age of 17 (unless parental consent has been obtained) may not create an account or otherwise access or use the online services.

CONTACT FORM

When contacting us (e.g. via contact form, email, telephone or social media), the user’s details are processed for processing the contact enquiry and its processing in accordance with Art. 6 para. 1 lit. b) GDPR. User information can be stored in a customer relationship management system (“CRM system") or comparable request organization.

We delete the requests if they are no longer necessary. We review this requirement every two years; the statutory archiving obligations also apply.

LOGIN, TRADES, COMMENTS AND POSTS

If users use the login function or create trades, comments, or other types of posts, their IP addresses may be used on the basis of our legitimate interests within the meaning of Art. 6 (1) (f). GDPR for 7 days. This takes place for our safety, if someone leaves illegal contents in comments and posts (insults, forbidden political propaganda, etc.). In this case we can be prosecuted ourselves for the comment or post and are therefore interested in the identity of the author.

Furthermore, we reserve the right, on the basis of our legitimate interests pursuant to Art. 6 para. 1 lit. f. GDPR to process user information for the purpose of spam and fraud detection and also to store it beyond deletion requests for personal user data in order to ensure the smooth operation of the website and protect other users from fraud.

COMMENT SUBSCRIPTIONS

Users may subscribe to the follow-up comments with their consent in accordance with Art. 6 para. 1 lit. a GDPR. Users will receive a confirmation email to verify that they are the owner of the email address they entered. Users can unsubscribe from ongoing comment subscriptions at any time. The confirmation email will contain information on the cancellation options. For the purpose of providing proof of user consent, we store the login date along with the user’s IP address and delete this information when users unsubscribe from the subscription.

You can cancel the receipt of our subscription at any time, i.e. revoke your consent. We may store the email addresses we have unsubscribed for up to three years on the basis of our legitimate interests before we delete them in order to be able to prove a previously given consent. The processing of these data is limited to the purpose of a possible defence against claims. An individual application for cancellation is possible at any time, provided that at the same time the former existence of a consent is confirmed.

ONLINE PRESENCE IN SOCIAL MEDIA

We maintain online presences within social networks and platforms in order to communicate with active supporters, interested parties and users and to inform them about our online services. When accessing the respective networks and platforms, the terms and conditions and the data processing guidelines of their respective operators apply.

Unless otherwise stated in our privacy policy, we process the data of users who communicate with us within social networks and platforms, e.g. write articles on our websites or send us messages.

INTEGRATION OF THIRD-PARTY SERVICES AND CONTENT

Within our online service, we make no representations or warranties of any kind based on our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online service within the meaning of Art. 6 para. 1 lit. f. GDPR) content or service offerings of third parties to incorporate their content and services, such as videos or fonts (hereinafter consistently referred to as “content").

This always presupposes that the third party providers of this content perceive the IP address of the users, since without the IP address they could not send the content to their browser. The IP address is therefore required for the display of this content. We make every effort to use only those contents whose respective providers use the IP address only for the delivery of the contents. Third-party providers may also use so-called pixel tags (invisible graphics, also known as “web beacons") for statistical or marketing purposes. “Pixel tags" can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user’s device and may include technical information about the browser and operating system, referring websites, visiting time and other information about the use of our online service, as well as be linked to such information from other sources.

NOTIFICATION EMAILS – EMAIL PROVIDER

Notification emails are sent by the email sending service GoDaddy Email Marketing.

The email sending provider is used on the basis of our legitimate interests according to Art. 6 Para. 1 letter f GDPR and an data processing addendum according to Art. 28 Para. 3 S. 1 GDPR.

The email provider can use the recipient’s data in pseudonymous form, i.e. without assignment to a user, to optimize or improve its own services, e.g. to technically optimize the sending and display of email notifications or for statistical purposes. However, the email service does not use the data of our email notification recipients to write to them themselves or to pass the data on to third parties.

NOTIFICATION EMAILS – PERFORMANCE MEASUREMENT

The notification emails contain a so-called “web-beacon", i.e. a pixel-sized file which is retrieved from our server when opening the notification emails or, if we use a mail provider, from whose server. Within the scope of this retrieval, technical information, such as information about the browser and your system, as well as your IP address and time of retrieval are initially collected.

This information is used to technically improve the services based on the technical data or the target groups and their reading behaviour based on their retrieval locations (which can be determined using the IP address) or access times. The statistical surveys also include determining whether the notification emails are opened, when they are opened and which links are clicked. For technical reasons, this information can be assigned to the individual notification email recipients. However, it is neither our endeavour, nor, if used, that of the shipping service provider, to observe individual users. The evaluations serve us much more to recognize the reading habits of our users and to adapt our contents to them or to send different contents according to the interests of our users.

GoDaddy is certified under the Privacy Shield Agreement, thereby providing a guarantee to comply with European data protection law

GOOGLE ANALYTICS

On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online service within the meaning of Art. 6 para. 1 lit. f. GDPR) we are using Google Analytics, a web analysis service of Google LLC (“Google"). Google uses cookies. The information generated by the cookie about the use of the online service by users is generally transferred to a Google server in the USA and stored there.

Google is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

Google will use this information on our behalf to evaluate the use of our online service by users, to compile reports on the activities within this online service and to provide us with further services associated with the use of this online service and the use of the Internet. Pseudonymous user profiles can be created from the processed data.

We use Google Analytics only with IP anonymization enabled. This means that Google will reduce the IP address of users within Member States of the European Union or in other states party to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there.

The IP address transmitted by the user’s browser is not merged with other Google data. Users may refuse the use of cookies by selecting the appropriate settings on their browser software; users may also prevent Google from collecting data generated by the cookie and relating to their use of the website and from processing this data by downloading and installing the browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de.

Further information on data use by Google, setting and objection options, can be found in Google’s privacy policy. (https://policies.google.com/technologies/ads) sowie in den Einstellungen für die Darstellung von Werbeeinblendungen durch Google (https://adssettings.google.com/authenticated).

Users’ personal data will be deleted or made anonymous after 14 months.

Click here to opt-out of Google Analytics

DISCORD

We use the communication tool “Discord" to check trade offers more quickly for misuse and/or fraud (legitimate interest pursuant to Art. 6 Para. 1 lit. f. GDPR).

Discord is certified under the Privacy Shield Agreement and thus offers an additional guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt00000008TN8AAM&status=Active).

Users can find further information in Discord’s privacy policy: https://slack.com/intl/de-de/privacy-policy.

GOOGLE RECAPTCHA

We integrate the function for the recognition of bots, e.g. for entries in online forms (“ReCaptcha") of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy Policy: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.

REDDIT

Within our online service, functions and contents of the service Reddit, offered by Reddit Inc, 520 3rd Street, San Francisco, CA 94107, United States, can be integrated. This may include, for example, content such as images, videos or texts and buttons with which users can express their appreciation of the content, subscribe to the authors of the content or our contributions. If the users are members of the Reddit platform, Reddit can assign the call of the above contents and functions to the profiles of the users there. Reddit is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law. (https://www.privacyshield.gov/participant?id=a2zt0000000TNjOAAW). Privacy policy: https://www.redditinc.com/policies/privacy-policy, Opt-Out: https://www.reddit.com/personalization.

CHANGES

We will change this privacy policy from time to time. If we do so, we will notify you by changing the date at the end of this Privacy Policy. If we make a change to this Privacy Policy that we think is important, we will provide you with additional notice (e.g., by adding a statement on the home page or by sending you a notification). We encourage you to read the privacy policy when accessing or using our online services or otherwise interacting with us to stay informed about our information practices and how you can help protect your privacy. If you continue to use our online services after the changes to the Privacy Policy take effect, you agree to the revised Privacy Policy.