Terms & Conditions

  1. Contractual object / service / contact

     

    1.1 Foosio Entertainment Ltd. (“Foosio”, “we”, “us”), operates, among other things, various online and mobile games (“games”) on numerous internet pages and also provides these games through app stores. These games may be used by you as the user (“user”) either through applications (“apps”) or your browser. In particular, the contract for the use of the mobile apps is concluded with us and not the respective app store.

     

    1.2 Our online and mobile games are provided within the scope of our technical and operational abilities with an annual mean availability rate of 95% (ninety-five percent). Thisdoes not include those times during which there is an interruption or impairment of the availability of the online or mobile games and other services provided which arecaused due to compelling technical reasons or because of necessary maintenance work. We bear no liability in accordance withthe provisions of this contract in the event thatsuch cases should occur. Those times during which the server or individual games cannot be accessedon the internet due to technical or other problems that are beyond the control of Foosio (force majeure, third-party fault, etc.) are also not covered by the provisions of this contract. Additionally, we reserve the right to update, change and further develop the games at our discretion. Therefore, the user is only entitled to partake of the respective online or mobile game and other services in their current version. The user further accepts that our games are not entirelyfree of errors and that theremay be “bugs” in the games. We do not claim to offer software that is devoid of bugs. We reserve the right to terminate an online or mobile game and individual service without explanation.

     

    1.3. The data used in the games is suppliedto us by various external service providers. We assume no liability for erroneously transmitted game data and resultsbecause the externalservice provider has also contractually excluded us from any liability in such cases. As such, there can be no compensation claims due to erroneous, delayed, manipulated or fraudulent data transfers through the internet or other transmission errors of data and results.

     

    1.4 The existing rules of the respective online or mobile game are supplemental to these general terms of use.

     

    2. Conclusion of the contract / account

     

    2.1 You may conclude a contract with us as a user for the free use of games through the browser or mobile apps (“licencing agreement”). You possess neither a claim to a licencing agreement nortothe useof the services or the premium services. The licencing agreement may be terminated at any time without explanation by usand you and the services may be terminatedat any time without explanation.

     

    2.2 The licencing agreement for the free use of services through the browser or mobile apps comes about as a result of the access to the data you provided by filling out and forwarding to us the registration form and the activation of your account by us and your acceptance of our general terms and conditions. The licencing agreement is free. A claim to registration and activation does not exist.

     

     

    2.3 The licencing agreement provides you as the user with a game account (“account”). You may change your data in this account and manage the games. You are not entitled to beingassigned a specificusername. We are authorised to changeor delete the usernamechosen by you for technical and ethical reasons without your prior consent.

     

    2.4 An account may be created either on our game portal orthe respective game website or on the mobile app that was downloadedonto your device. An account may not be transferred without our express prior consent, regardless of whether this was donein return for payment or not. You as the user agree not to divulgethe login data, passwords and access details (collectively “access data”) for your account and to immediately inform us when you realise or suspect that unauthorised third-parties have acquired your access data. If a third-party uses your account because he was able to obtainyour access data through your fault, you will be treatedas if you took the action.

               

    2.5 In addition to the free licencing agreement referred to in 2.2, wealso provide fee-based services. You as the user have the choice to avail yourself of these services. Before you can use these services, you will be clearly informedthat this is a fee-based service and you will have to expressly confirm your consent.

     

    3. Contract duration

     

    3.1 The licencing agreement is concluded for an indefinite period, insofar as nothing contrary is intendedin the respective game. It begins with our approval or activation.

     

    3.2. Both parties are entitled to an ordinary termination of the licencing agreement with immediate effect, insofar as a specificduration was not agreedto. Every terminationmust occur in writing. Terminations via email uphold the requirement for written form.

     

    3.3 We are entitled to extraordinarily terminate the licencing agreement for important reasons, in particular, but not limited to, if

    • you select a username that infringes on the rights of third-parties, advertise an email or a website or violate standards of decency,
    • you generallyinfringe on the rights of third-parties, for example by publishing protected content,
    • you fall behind in your payments and disregard warning letters or if you knowingly attempt to engage in paymentfraud by using incorrect data,
    • despite warnings, you are in violation of game rules, laws or these general terms and conditions,
    • you use cheats or hacks,
    • you engage in a threatening, bullying or insulting manner on communication channels (for example, chat, social media, etc.) or if you demand that other users turn over to you their personaldata or pretend to be a Foosio employee,
    • you sell or attempt to sell the in-game items (for example, premium account/features) or the in-game currency,
    • you have commercial intentions while in-game or are advertising,
    • you engage in criminal offences or
    • you behave in such a manner while using the game that you cause a significant negativeimpact onthe gaming experience of other players.

     

    4. User obligations

     

    4.1. You as the user are responsible to ensure that the information you provide to us in the course of the registration and during the use of premium services istrueand complete. You commit to inform us without delay of changes to this data and to confirm the validity of the dataupon our request.

     

    4.2. You as the user will refrain from anything that jeopardises or disturbs the operation and functionality of the games and the beneficial interaction of the users. In particular, it is prohibitedthat

    • you select a username that infringes on the rights of third-parties, advertise an email or a website or violate standards of decency,
    • you generallyinfringe on the rights of third-parties, for example by publishing protected content,
    • you fall behind in your payments and disregard warning letters or if you knowingly attempt to engage in paymentfraud by using incorrect data,
    • despite warnings, you are in violation of game rules, laws or these general terms and conditions,
    • you use cheats or hacks,
    • you engage in a threatening, bullying or insulting manner on communication channels (for example, chat, social media, etc.) or if you demand that other users turn over to you their personaldata or pretend to be a Foosio employee,
    • you sell or attempt to see the in-game items (for example, premium account/features) or in-game currency,
    • you have commercial intentions while in-game or are advertising,
    • you engage in criminal offences or
    • you behave in such a manner while using the game that you cause a significant negativeimpact onthe gaming experience of other players.

     

    In the caseof violation, we shall not be liable for damages of the user resulting from a breach of duty. In the caseof a breach of dutywe additionally reserve the right to

    • change or delete content and user names,
    • admonish users,
    • temporarily or permanently block users,
    • terminate the licencing agreement without notice.

     

    4.3 The user is solely responsible for ensuring that both the software and hardware used by him is up to date and appropriate.

     

    5. Fees

     

    5.1 The users may play the online and mobile games on offer free of charge. However, while playing the online and mobile games, the user canpurchase a virtual currency, various features and other services (collectively “features”). The price for the selected features will be shownin Euro or another regionally-appropriate currency. The user canpurchase and acquire advantages or virtual items in the online and mobile game.

     

    5.2 The charges and payment methods vary between the individual games and the country that the player is locatedin. The payment options are offeredin accordance withmarket availability and technical feasibility. We reserve the right to change the payment methods and fees at any time.

     

    5.3. The collection of the payment occurs through the service provider selected by the user, by transfer of funds fromthe user or throughthe respective app store for mobile games. General terms and conditions of the engaged service provider potentially may apply in addition to our general terms of use.

     

    5.4. Upon conclusion of the payment process and after confirmation that the payment has been madeto our account, we will credit the user account with the purchased features. Such crediting concurrentlyrepresents our contractual acceptance for the purchaseof the features.

     

    5.5. The user affirms that all information provided during the payment process (especially bank details, credit card numbers, etc.) is complete and correct.

     

    6. Limitation of liability

     

    6.1. The user is personally and directly liable to third-parties for damages they incurred through his actions. The user undertakes to compensate Foosio for all damages resulting from his culpable breach of his obligations arising out of these terms of use. The user indemnifies us from all justified claims brought against us by other users or third-parties due to the violation of their rights by content submitted by the user or due to a breach of any other obligation. In such a case, the user also assumes the costs of the necessary legal defence by Foosio, including all court and lawyer fees. Thiswill not apply insofar as the user did not cause the legal violation.

     

    6.2 Any liability of Foosio shall be precluded in principle and shall only occur in accordance withthe following provisions.

    We are only liable for damages and compensation of expenditures incurred in vain (“compensation”) due to breach of contractual or non-contractual obligations

    • on account of intent or gross negligence,
    • on account of negligent or intentional damage caused by injury to life, body or health,
    • on account of negligent or intentional violation of essential contractual obligations,
    • on account of assuming a quality guarantee,
    • on account of compulsory liability under the Product Liability Act and within the scope of Article 44a of the Telecommunications Law, or
    • on account of other compulsory

    The compensation for the breach of essential contractual obligations is limited to the foreseeable damages typical of the contract, insofar as there is no intent or gross negligence and no liability exists due to damage caused by injury to life, body or health or the assumption of a quality guarantee or due to product liability.

     

    6.3 The aforementioned limitationsof liability in Article 8.2 also apply with regard tothe personal liability of our employees, shareholders, representatives, institutions and their members, community managers, moderators, supporters and subcontractors.

     

    6.4 The aforementioned provisionsdo not represent a change in the burden of proof to your disadvantage.

     

    7. Extrajudicial dispute resolution

    The EU-Commission provides anonline platform for extrajudicial online dispute resolutions (“OS platform”) between consumers and online merchants. The OS platform can be accessedvia the following link: http://ec.europa.eu/consumers/odr . You may contact us through the OS platform; however, we explicitly favour that you contact us through our contact form . We will generallycontact you because we are not obligated to participate in a dispute resolution process in front of a consumer arbitration board. Regardless of the selected means of contact, we will attempt to arrive at a suitable solution.

     

    8. Applicable law

    The place of jurisdiction is Malta and, therefore, the law of Malta will apply, to the exclusion of the UN Convention on the International Sale of Goods (CISG).

     

     

 

DATA PROTECTION DECLARATION

  1. May 2018

 

Data Protection Declaration of Foosio Entertainment Ltd. ("Foosio"; " we"), 10, Lapsi Street, STJ 1261 St. Julians, Malta concerning the website www.foosio.com (" Website") and the IOS and Android offered App Foosio (" App").

Thank you for your interest in our products. Below we inform you in detail to what extent we process your personal data and what rights you have in this regard. The protection of your privacy is a high priority to us. The following declaration is intended to inform you comprehensively on what (personal) data we collect while using our services as well as how we deal with it and which rights you have within this context. Our Data Protection Declaration complies with the General Data Protection Regulation of the European Union (" GDPR").

Data protection regulations must always be observed when personal data is processed. For the scope of this Data Protection Declaration, the definitions of the DSGVO are relevant. Thus, the "processing" of personal data essentially includes any handling of the same. As far as data processed by us are human-related and—even if only through third parties, in a summary or by means of additional knowledge—make you identifiable as a person (in particular, have your full name brought to light), it is basically personal data.

We differentiate between a Freemium model, a B2B model and a B2C model, all of which are available via the web application and the App. Due to the different design of the models, data processing also takes place with slight deviations.

In all web applications and apps made available by us, data that damage reputation, offend, abuse, mock, defame, endanger minors or otherwise unlawful or questionable may under no circumstances be posted. Furthermore, the posting of special categories of personal data (in particular so-called sensitive data on racial and ethnic origin, political opinions, religious or ideological beliefs, trade union membership as well as genetic data, biometric data to clearly identify a natural person, health data or data on a natural person's sexual life or sexual orientation) is prohibited.

1.                           Data Processing following the Access of Our Website

You have the possibility to use the App and web application offered by us to a very limited extent without registration. In this case we process your IP address and metadata to your surfing behavior (e.g. date/time of retrieval, requesting provider). This data processing is carried out for the purpose of traceability of visitors, checking the effectiveness of advertising measures, playing off targeted advertising elements and messages as well as for the purpose of safety and improving the quality of our offer and is based on our legitimate interests, namely achieving the purposes just mentioned (Art 6 Paragraph 1 lit f DSGVO). To whom this data is (can be) transmitted, see point 8. The data will be deleted according to our deletion concept as soon as it is no longer necessary for the purposes mentioned.

2.                           Newsletter

On our Website, you also have the opportunity to register for our newsletter. To register, we must collect and store your e-mail address and your full name (first name, surname). Your e-mail address is required to send the newsletter (Art 6 paragraph 1 lit b DSGVO); your name is required to address you correctly. We collect your name to maintain the quality of our newsletter and for organisational reasons, pursuant to Art 6 paragraph 1 lit f DSGVO. The newsletter is sent exclusively to the e-mail addresses provided by interested parties. If you no longer wish to receive the newsletter, you may unsubscribe at any time by clicking on the "Unsubscribe Newsletter" button at the end of each newsletter. Unless otherwise provided for by law, and unless the data is processed on a separate legal basis, data collected for sending the newsletter will be deleted after unsubscribing.

Your data will only be used to send you the newsletter.

To send the newsletter, we use the service "dmaxepaper", which is operated by Dmax.tv, Cat Lane, Swatar, BKR 4402, Malta. Dmax.tv provides us with the software to create and automatically send the newsletter, and the data collected in connection with the newsletter is passed on to Dmax.tv; however, Dmax.tv will not process your personal data any further. Additionally, Dmax.tv acts as our contractual processor and is contractually bound accordingly.

3.                           Data Processing by using the Freemium-Model

When using the Freemium model, the user can decide to make purchases, but can also use the basic functions of the game without making any purchases.

If you do not register, we will process your data as described under point 1.

3.1           What kind of data?

Registration is required to use the game. In the course of this registration and your activities, we collect and process (in addition to the data mentioned under point 1):

3.2           On what legal basis and for what purpose is the data processed?

The data marked with an * are necessary for you to be able to use our offer. In this respect, the processing takes place on the basis of the fulfilment and preparation of the contract (Art 6 paragraph 1 lit b DSGVO). The provision of your data is voluntary; however, we cannot make our offer available to you if you do not provide your personal data.

We collect the data

The purposes pursued here are (within the framework of the performance of the contract):

The processing of the following data not marked with * in the list serves the legitimate interests of Foosio, namely to achieve the following purposes:

All data collected will be transmitted for marketing purposes to e-quadrat Communications GmbH, based in Austria. This transfer only takes place if you have given us the corresponding data protection consent within the scope of the registration process. You can revoke the consent at any time, whereby a revocation has no retroactive effect. You are not obliged to give such consent in order to be able to use our offer.

A detailed breakdown of which data are collected and processed within the framework of which processing on what legal basis and for what purpose can be found in our data processing records.

 

4.                           Data storage and Deletion

Your personal data will only be kept by us for as long as reasonably deemed necessary by us to achieve the purpose of performance of the contract and as permitted by applicable law. We store the personal data in any case as long as legal storage obligations exist or limitation periods for potential legal claims have not yet expired. If the storage of the data is no longer required for the purposes of the original collection (or within the scope of a legally permissible change of purpose) and there are no legal provisions to the contrary, we will arrange the data deletion. For this purpose, we have implemented a deletion concept that records all personal data.

5.                           Data transmission

For the purposes explained in this Data Protection Declaration, we will transfer your (personal) data to recipients of the following categories:

Within our organisation, those departments or employees who need your data to fulfil their contractual or legal obligations and as a result of data processing based on our legitimate interests, will receive it.

Furthermore, (external) contractorscommissioned by us receive your data if they require the data to provide their respective service (whereby access to personal data is sufficient). All contractors are contractually obliged to treat your data confidentially and to process it only within the scope of the provision of services. This includes the following categories of recipients:

We have a constantly updated list of our recipient categories with regard to data transfers and contract processors.

In addition, as already mentioned under point 4.2 above, we transmit, with the corresponding consent, the data to e-quadrat Communications GmbH, a marketing company based in Austria.

Some of the recipients mentioned above are outside the EU or process your (personal) data there. However, we take measures to ensure that all recipients have an adequate level of data protection. To this end, we conclude standard contractual clauses, for example, which can be submitted on request. Alternatively, we use providers that are certified according to the EU-US Privacy Shield and for this reason have an appropriate level of data protection according to the DSGVO (according to the adequacy decision of the European Commission).

If we use contract processors, they are bound to our data protection practice as previously mentioned and will treat your personal data strictly confidential. Under no circumstances will they transmit your data to third parties or use it for purposes other than those intended to fulfil their obligations towards Foosio or in accordance with our express instructions without our express consent.

6.                           Rights of the Data Subject; Transfer of Data to Third Parties

A central aspect of data protection regulation is the implementation of adequate opportunities to allow for the disposition of personal data even after such data has been processed. For this purpose, a series of rights of the data subject are set in place. Skill shall comply with your corresponding requests to exercise your rights without undue delay and in any event within four (4) weeks of receipt of the request.To exercise your rights, please contact us at the following email address: dataprotection@foosio. com. Specifically, the following rights are entailed:

  1. If you exercise your right to informationand there are no legal restrictions, we will inform you in detail about our processing of your data. To this end, we will send you (i) copies of the data (emails, database extracts, etc.), as well as information on (ii) specifically processed data, (iii) processing purposes, (iv) categories of processed data, (v) recipients, (vi) the storage period or criteria its determination, (vii) the origin of the data and (viii) further information as the case may be. Please note, however, that we cannot hand over any documents that could impair the rights of other persons.
  2. With the right to correct, you may request that we correct incorrectly recorded, incorrect or (for the respective processing purpose) incomplete data. Your request will then be reviewed and the data processing concerned may be restricted upon request for the duration of the examination.
  3. The right to (data) deletionmay be exercised (i) in the absence of any need for processing purposes, (ii) in the event of the revocation of a consent granted by you, (iii) in the event of a special objection, provided that the data processing concerned is based on the legitimate interests of Foosio, (iv) in the event of unlawful data processing, (v) in the event of a legal obligation to delete and (vi) in the event of data processing by minors under 16 years of age.
  4. In special cases there is an accompanying right to restrictions, after the exercise of which the data concerned may be stored. In addition to the possibility of restricting the examination period for data corrections, (i) the unlawful data processing (if no deletion is requested) and (ii) the duration of the examination of a special request for objection are covered.
  5. In addition, you have a right to objectto data processing. However, this only applies if the processing is not based on the legitimate interests of Foosio.
  6. You may also exercise your right of appealto the Supervisory Authority (see point 13).

Please also note that we may not be able to comply with your request due to compelling reasons worthy of protection for processing (balancing of interests) or processing due to the assertion, exercise or defence of legal claims (on our part). The same applies in the case of excessive requests, whereby a fee may be charged here as well as in the processing of manifestly unfounded requests.

7.                           Data Security

Foosio takes all appropriate technical and organizational measures to ensure that only personal data whose processing is absolutely necessary for business purposes are processed by default. The measures we have taken concern both the amount of data collected, the processing scope and its storage period and accessibility. On the basis of these measures, we ensure that personal data by default is only made available to a narrowly limited and necessary number of persons. Under no circumstances will other persons be granted access to personal data without the express consent of the data subject. We also use various protection mechanisms (backups, encryption) to secure the Website and other systems. This should serve to protect your (personal) data as best as possible from loss or theft, destruction, unauthorized access, alteration and dissemination.

All Foosio employees have been sufficiently informed of all applicable data protection regulations, internal data protection regulations and data security precautions and are required to keep secret all information entrusted or made available to them in the context of their professional employment. The requirements of the DSGVO are strictly observed and personal data is only made available to individual employees insofar as this is necessary with regard to the purpose of data collection and our obligations arising therefrom.

If we use contractors, they are also obliged to comply with all applicable data protection regulations on the basis of specific framework agreements. Furthermore, when handling your (personal) data, they are strictly bound to our guidelines, in particular with regard to type and scope.

8.                           Push-Notifications

Both on our Website and within our App, push notifications are offered to draw your attention to relevant information in connection with our offer.

If you visit our Website and the browser you are using supports push notifications, a window will appear. You will be asked if you want to allow push notifications from our Website. If you choose to block our push notifications, the browser will not display any information or news in this way. You must explicitly confirm if you would like to receive notifications. Push notifications can also be managed in the browser settings. Instructions for the most common browsers can be found at https://www.zdnet.de/88302705/browser-push-benachrichtigungen-ausschalten/.

After installing the App, push notifications are automatically activated on your device, depending on the software, or you may be asked whether the App is allowed to display notifications. However, push notifications can also be deactivated for individual apps in the settings of the mobile device, although differences may occur depending on the platform and operating system.

9. Cookies

We use cookies, which are small text files that are stored on your computer when you access our Website. They help us to make our offer more user-friendly, attractive and secure. In many cases, these are "session cookies", which are deleted without your intervention as soon as you end your current browser session. Other cookies (e.g. for storing your language setting) remain for a longer period of time or until you remove them manually. Cookies do not contain any personal data.

Most browsers automatically accept cookies. However, you have the option of adjusting your browser settings so that cookies are either generally rejected or only certain types are permitted (e.g. restriction of refusal to third-party cookies). If you change your browser's cookie settings, however, our Website may no longer be used in full. You will find the setting options for the most common browsers under the following links:

(a)       Internet Explorer™:  https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies

(b)        Edge™: http://www.thewindowsclub.com/allow-or-block-cookies-in-microsoft-edge

(c)        Safari™: https://support.apple.com/kb/PH21411?locale=de_DE&viewlocale=en_US

(d)        Chrome™: https://support.google.com/chrome/answer/95647?hl=en&hlrm=en

(e)        Firefox™: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences

(f)          Opera™: http://www.opera.com/help/tutorials/security/privacy/

10.                      Right of Appeal

If you are of the opinion that we violate applicable data protection laws when processing your data, you have the right to file a complaint with the relevant national data protection authority. The requirements for such a complaint are based on the respective national implementation law of the DSGVO, as the DSGVO itself does not provide for any regulation in this respect. However, we ask you to contact us in advance in order to clarify any questions or problems.

11.                      Google Analytics

Our website uses Universal Analytics, the new generation of the web analysis tool Google Analytics of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (" Google"), which enables us to analyse how you use this Website. Since a login to our Website is not intended or possible, you will only be assigned a client ID, which will be regenerated for different devices. The tracking code analytics.js (Java Script) is used for tracking. In this context, we process your data on the basis of our legitimate interest in producing easy-to-use website access statistics in a cost-efficient manner (Art 6 Paragraph 1 lit f DSGVO).

By using the software, a cookie is set (for the client ID), which is stored on your computer. The information generated by the cookie about your use of this Website is usually transferred to a Google server in the USA and stored there. However, due to the activation of IP anonymization on this Website, your IP address will be reduced by Google within member states of the European Union or in other signatory states to the Agreement on the European Economic Area prior to its transmission to a Google server in the USA. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. Google will use this information for the purpose of evaluating your use of the Website, compiling reports on Website activity and providing other services relating to Website and internet usage. The IP address transmitted by your browser in the context of Google Analytics is not merged with other Google data. Google cannot find out who you are.

Google is a participant in the EU-US Privacy Shield, which obliges the company to comply with the agreement and to maintain a level of data protection in line with European data protection standards. The Privacy Shield certification can be viewed at https://www.privacyshield.gov/list. In addition, all services Google offers via Firebase are ISO 27001 certified.

With the procedure described under point 11 you can prevent the storage of cookies by a corresponding setting of your browser software (possibly limited to third party cookies). You can also prevent Google from collecting data generated by cookies and relating to your use of the Website (including your IP address) and from processing this data by downloading and installing an appropriate browser plug-in ( http://tools.google.com/dlpage/gaoptout?hl=en). If you delete your saved cookies, however, this step is required again. However, we would like to point out that you may then not be able to use all functions of the website to their full extent.

Further information on data protection in connection with Google Analytics and your options in this regard can be found at https://www.google.at/intl/de_ALL/analytics/learn/privacy.html.

Further information on data protection in connection with Firebase can also be found here: https://firebase.google.com/support/privacy/.

12.                      Contact Details regarding Data Protection Issues

In case you have any questions or requests concerning our privacy practices or if you would like to exercise your right of information, rectification or deletion, please send us a written request outlining your desire to:

E-Mail: dataprotection@foosio.com

Data Protection Officer: Erik Rusek, MSc, also available at dataprotection@foosio.com