PRIVACY POLICY

WHO IS RESPONSIBLE FOR THE PROCESSING?

The owner of the website www.arenagg.com and any of its various subsites (hereinafter, collectively referred to in this privacy policy as “The Website” or “ARENAGG”) is FANDROID ENTERTAINMENT, S.L.U. (“FANDROID”), registered offices at Avda. Diagonal, 177-183, Edificio Imagina, 08018, Barcelona, tax identification certificate (CIF) B-64910292 and registered at the Barcelona Commercial Register in volume 43,090, folio 156, page B-369917.

WHAT INFORMATION DO WE COLLECT WHEN YOU USE THE WEBSITE?

The information we collect from Users depends on the way you interact with FANDROID on the Website. In general, we can divide it into three types:

  • Information you provide when you use the Website and register as a User

This is information about you that you provide when you browse, use or register on the Website and, consequently, when you participate on FANDROID profiles on social media.

This information includes data that you provide when you register on the Website:

  • nickname*;

  • email address*;

  • date of birth*;

  • password (created by the user)*;

  • country*;

The foregoing fields marked with an asterisk must be completed. If you fail to provide this or any other expressly requested information, you will not be able to register on ARENAGG.

We also process any personal data you provide us when you interact with the Website: (i) any information you include in comments you make in the game’s chatroom, on support tickets or in email addresses made available to you on the Website, (ii), any photographs, allocutions or audiovisual recordings you send us to participate in tournaments and initiatives organized by FANDROID or which result from your participation in such tournaments and initiatives, (iii) name and surnames and mailing address in order to send any eventual prizes you may win as a result of participating in any of the tournaments or initiatives organized by FANDROID, (iv) in some cases you may have to provide us the game account with which you plan to participate in order to identify you as a player, and (v) depending on the tournament, we may ask you for other data (we will inform of you of which data and the purposes thereof in the specific privacy policy for each tournament or initiative).

Any information you post, disclose or make available to the general public through FANDROID profiles on social media or on the Website will become public information and will be available to visitors thereof and to the general public. Thus, you must be especially careful and diligent when disclosing personal or any other type of information on these sites.

As a User of the Website, any data you provide must be true and accurate and must always be up to date; you therefore agree to update such data as needed. You may edit and update your data on the Website at any time by accessing your profile with your identifier (ID or login) and password.

  • Information we collect about you when you use the Website and register as a User

We can automatically collect data regarding your use of the Website, such as your IP address, unique device identifiers, ID time, time zone, and any other data collected using cookies, as set forth in the cookies policy. Please, read our cookies policy available on the Website for more information.

  • Information we collect from third parties

For certain tournaments and initiatives, to identify you as player, we will ask you to log into the website of the Publisher, who will provide us your nickname and identification number for the game in which you are going to participate.

FOR WHAT PURPOSES DO WE PROCESS YOUR DATA AND WHAT IS THE LEGITIMATE BASIS FOR THE PROCESSING?

FANDROID processes personal data for the following purposes on the following legitimate bases:

  • Managing and facilitating your use of the Website, viewing content, making assessments, selecting preferences, sending comments, approving you as a User and configuring your profile, as well as providing support for any request, question or inconvenience you may have with respect to the Website.

  • Organizing and managing the User’s participation in tournaments, initiatives, competitions, programs, promotions and other similar activities organized by FANDROID and sending any eventual prizes or awards you win as a result of your participation in any FANDROID initiatives. For additional information about the processing of your data, please read the bases we make available to users applicable for each particular case.

  • Legitimate basis: the basis legitimizing the processing of your data for the foregoing purposes is the execution of the solicited services regulated by the Terms of Use and the Legal Bases.

  • Communicating your data to other companies of the FANDROID business group (all identified in the following links http://entidades.imagina-media.com/, www.mediapro.tv) to carry out activities regarding the Website’s operation and its content.

  • Developing tournaments, content, initiatives, competitions, programs or promotions and other similar activities. We keep a record of the content and initiatives we have developed to know which ones have had a greater number of followers and downloads, which ones have had more viewings and which ones have been most valued, and based on this information we develop new initiatives that we believe will interest our users.

  • Your data and the content you make available to other Users or the general public on the Website may be used to create and publish news and press releases on the Website and in its content, both on the Website and on the respective FANDROID social media profiles.

  • Activating any mechanisms necessary to prevent and detect any misuse of the Website and any potential fraud.

  • Conducting audiometric testing, audience and market studies aimed at understanding audience interests and improving the Website’s content and services and obtaining information through social media about our services or brand perception based on comments and opinions made by users. This will help us understand the audience and determine whether the general public has liked a content or whether, to the contrary, it was of no interest. It will also help us ensure the services we offer on the Website function correctly.

  • When we send notifications or communications to users, we receive a confirmation when an email we have sent is opened, if the computer supports this type of task. This helps us ensure that the emails we send reach their recipients and, based on the number of people who have opened it, understand whether they have been useful and of interest to them. This helps us develop new initiatives or communications that are of interest to Users.

  • Publishing the rankings in different tournaments, competitions and initiatives both on the Website and on social media profiles.

  • Legitimate basis: the basis legitimizing the processing of your personal data is FANDROID’s legitimate interest for the seven aforementioned purposes.

  • sending you commercial communications and information about the Website, future tournaments, and, in general, video-game, e-sports and entertainment news. For more information, read the section “D. PROMOTIONAL AND COMMERCIAL COMMUNICATIONS. WHEN YOU WILL RECEIVE THEM AND HOW YOU CAN STOP RECEIVING THEM.”

  • showing you advertisements based on the preferences you state when you browse the Website and analyzing browser statistics, based on your stated preferences and installed cookies, in accordance with the Website’s cookies policy.

  • Legitimate basis: the basis legitimizing the processing of your personal data for the two aforementioned purposes is FANDROID’s legitimate interest or consent. For more information, read the section D. PROMOTIONAL AND COMMERCIAL COMMUNICATIONS. WHEN YOU WILL RECEIVE THEM AND HOW YOU CAN STOP RECEIVING THEM" and the cookies policy.

  • proving that you have accepted the Terms of Use, Legal Bases, this Privacy Policy and any other rules or regulations applicable to FANDROID.

  • Fulfilling FANDROID’s accounting, legal, fiscal and administrative obligations and responding to judicial, public safety or administrative notices.

  • Legitimate basis: the basis legitimizing the processing of your personal data for these two purposes is the fulfillment of FANDROID’s legal obligations and namely:

  • The General Data Protection Regulation.

  • Constitutional Act 3/2018, of 5 December, on Personal Data Protection and guarantee of digital rights

  • Act 34/2002, of 11 July on information society and e-commerce services.

  • Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Law for the Protection of Consumers and Users and other supplementary laws.

  • Act 4/2020, of 15 October, on the Tax on Certain Digital Services.

PROMOTIONAL AND COMMERCIAL COMMUNICATIONS. WHEN YOU WILL RECEIVE THEM AND HOW TO STOP RECEIVING THEM?

One of the purposes for processing the personal data provided by Users is to send commercial communications containing information about offers, promotions and/or news of interest to Users regarding video games, e-sports and entertainment. Any time we make any communication of this kind, it will be addressed solely and exclusively to registered Users based on our legitimate interest, since they are recipients of our services as users, and to any unregistered users who have consented to receive such communications. Similarly, regardless if you are a registered user or not, FANDROID may send you commercial communications about third-party or other products or services regarding video games and e-sports, provided you have given your consent.

In the event the User wishes to stop receiving promotional or commercial communications from FANDROID or from any company belonging to its business group, the User can request to stop receiving commercial communications by sending an email to the following email address: [email protected]. In your message, reference FANDROID (this email address is intended for data protection matters only; other matters will not receive a response), by using the links provided for this purpose in the communications in question or on your user profile.

TO WHOM CAN WE DISCLOSE THE INFORMATION YOU PROVIDE US?

By accepting this Privacy Policy, you agree that FANDROID may disclose your personal data to third parties, namely the following persons and/or entities:

  • companies belonging to the FANDROID Business Group (whose identity you can see by clicking on these links: http://entidades.imagina- media.com/ and www.mediapro.tv) for purposes regarding the Website’s internal administration.

  • Tax authorities, to fulfill fiscal obligations, and financial institutions, to process the collection of relevant prizes.

  • Competent administrations, Judges and Courts, to the Spanish Data Protection Agency, to fulfill FANDROID’s legal obligations or in cases involving conflicts relating to consumer rights, data protection rights, industrial or intellectual property rights, or any other protected property and/or rights.

  • Public safety institutions, Judges and Courts, such as for cases involving fraud in the use of payment methods.

  • companies that may collaborate with FANDROID to detect fraudulent use of the Website and the content and services offered on it.

  • if at any time FANDROID organizes a qualification tournament to participate in a second tournament organized by an entity unaffiliated with FANDROID, if you qualify, your data may be disclosed to the organizing entity in order to manage your access, participation and the production of the tournament.

  • by marking the box intended for such purpose, FANDROID may disclose your data to a sponsor/third party.

As a result of the foregoing, and depending on which third party organizes the tournament and where it is located, remember that your data may be disclosed outside the European Economic Area and to countries that do not offer the same level of protection as the European Union does with regard to data protection. In any case, anytime your information is disclosed to a third-party tournament organizer, we will inform you of the party’s identity and the purpose for which the information is being disclosed in advance.

HOW LONG DO WE STORE YOUR DATA?

We will store any information you have provided to us in accordance with the terms and conditions set forth below.

  • Any information you provided when you registered on the Website or any information you sent by email or in a support ticket: this information will remain in our databases until you unsubscribe as an ARENAGG User. In this case, we will lock the information in our databases, where it will remain at the exclusive disposal of the Courts, the Tax Ministry or other competent Public Administrations and, namely, data protection authorities, where there is a need to address any potential liabilities, to answer to any potential legal claims and to guarantee the right of defense for FANDROID, the members of its business group (whose names can be viewed at these links: http://entidades.imagina-media.com/ and www.mediapro.tv), and/or their Users. This information will remain locked for a maximum period of six years (6) starting from the date you unsubscribe as a User of the Website.

  • Information you have posted in a game chatroom: we will store this information for a maximum period of 48 hours.

  • Informationyou have posted on FANDROID social media profiles: this information will be publicly available for so long as you decide not to delete it.

  • Information recorded by marking check boxes (or a box to indicate agreement or consent): this information will be stored for the entire time you remain a User of the Website and will be recorded (and locked) in our databases for a period of six (6) years from when you unsubscribe as a User, cease to use the Website for any reason or withdraw your consent, in order to address any potential liabilities arising from the processing of your personal data and, as necessary, to provide proof to data protection authorities – and any other competent authorities – that we fulfill our legal obligations.

  • Where there is a serious violation of the Terms of Use or fraud by Users. If we detect that a User has committed fraud or a serious violation of the Terms of Use (for example, having two User accounts, uploading illicit content, etc.), we will lock their account for a period of two (2) years, after which time we will delete it; however, we reserve the right to keep your personal data locked for a maximum period of six (6) years to address any potential liabilities, answer to any potential legal claims and guarantee the right of defense for FANDROID, the members of its business group and/or their Users.

  • Where User content is made available on the Website. If you upload content to the Website, you grant FANDROID a License to use this content under the terms stated in the Terms of Use. For these cases, FANDROID informs you that it may store any information allowing it to show that it is the legitimate holder of the right to use the content uploaded to the Website by the User, provided it does not become part of the public domain, in accordance with the time limits established by intellectual property legislation, which may involve storing it for a period of more than seventy years.

WHAT RIGHTS DO YOU HAVE AND HOW CAN YOU CONTACT A DATA PROTECTION OFFICER?

Users can contact a FANDROID Data Protection Officer and exercise their data protection rights by indicating the reference “ARENAGG” on FANDROID’S mailing address: FANDROID, Avda. Diagonal, 177-183, Edificio Imagina, 08018, Barcelona; or at the email [email protected] (this email address is intended for data protection matters only; other matters will not receive a response).

Users have the following rights with regard to their personal data:

  • the User’s right to access their personal data or the right to contact the processor (in this case, FANDROID) to know whether it is processing their personal data or not and, if it is processing them, the right to obtain, among other data, the following information: (i) a copy of their personal data that is being processed; (ii) the purposes of the processing; (iii) the categories of personal data being processed; (iv) the recipients or categories of recipients to whom the personal data were or will be disclosed; the storage period for the personal data, or if this is not possible, the criteria used to determine this period; (v) the existence of the right to ask for the rectification or erasure of personal data, to restrict personal data processing and object to such processing; (vi) the right to file a complaint with a Controlling Authority.

  • the User’s right to rectify or complete their personal data when the data in the processor’s possession are inaccurate or incomplete (thus, the User must state which data they are referring to and the correction to be made; the User must also include supporting documentation, as necessary).

  • the User’s right, in certain circumstances, to object to the processor’s processing of their personal data, in certain cases: (a) when their data are being processing based on an act in the public interest or a legitimate interest, including profiling; and (b) or when the User’s data is processed to send the User commercial communications or to make a profile about the User (with the User’s tastes, preferences, etc.)

  • the User’s right to erasure of personal data or the “right to be forgotten,” which allows Users to ask the processor to erase their personal data when, among others, one of the following circumstances arises: (i) the User’s personal data are no longer needed for the purposes for which they were otherwise collected or processed; (ii) the User withdraws the consent given for the personal data processing and there is no other reason for the processor to continue processing them; (iii) if the User’s data have been processed unlawfully. In any case, Users should know that it may not be possible to approve a data erasure request if the processing is necessary for the exercise of freedom of expression and information, to fulfill a legal obligation, to act in the public interest, in the area of public health, or for the establishment, exercise or defense of legal claims.

  • the User’s right to restrict processing of their personal data, which allows the User to ask the processor to:

    • suspend the processing of their personal data – when the User challenges their accuracy or where the User has objected to the processing, under certain conditions; or

    • store the data for a certain time period – when the processing is unlawful and the user objects to erasure but asks that the processing be restricted, or when the processor no longer needs these data for processing purposes, but the User needs them to establish legal claims or a defense.

  • the User’s right to personal data portability, which gives the User the right, when the processing is automated, (i) to receive the personal data they provided to the processor in a structured, commonly used and machine-readable format, and (ii) to transmit those data to another processor, provided the basis for the processing is the User’s consent or the performance of a contract (for example, the Terms of Use).

  • the User’s right not to be subject to automated individual decision-making based solely on the processing of their personal data, which means that the User shall have the right 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. This right does no apply if the data processing is based on the User’s prior consent.

  • The right to revoke consent. When the legal basis legitimizing the processing is consent, the User has the right to withdraw it or revoke it at any time. The withdrawal or revocation of the consent is not retroactive. Therefore it does not affect the lawfulness of the processing based on the consent prior to withdrawal. 

Similarly, in addition to contacting the FANDROID Data Protection Officer, users have the right, if they so deem appropriate, to file a complaint with controlling authorities; namely, they can contact the Spanish Data Protection Agency.

Residents of California (United States)

The California Consumer Privacy Act (CCPA) grants residents of the state of California the right to prevent companies from selling their personal information to third parties. If you do not permit FANDROID to sell your personal information (mainly unique identifiers for purposes of programmatic advertising), please send us an email informing us of this decision at the FANDROID Data Protection Officer email address [email protected]

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