Terms of Service

The company XPULZ Gaming GmbH and its associated services (hereafter referred to as “XPULZ”, “We”, “we” “Us” or “us”), with headquarters located at Fallandenstrasse 3c, 8124 Maur, Switzerland uses the XPULZ Esports Platform(an platform on the Internet which can be accessed at the address xpulz.com, hereafter referred to as the 'Site') which enables users either to create, organize, manage and share tournaments or to participate in tournaments (hereafter referred to as the 'Services').

Associated Services include:
xpulz.com
spiked.gg
xpubg.com
axl.gg
gqq.ch

1) Acceptance of and modifications to the General Conditions of Use

Last updated: 07.07.2020

THE PURPOSE OF THESE TERMS OF USE (hereafter referred to as the 'Terms'), WHICH ARE SUBJECT TO SWISS LAW, IS TO GOVERN USE OF THE SITE AND ASSOCIATED SERVICES. YOUR ACCESS AND USE OF THE SITE AND SERVICES, WHETHER YOU ARE ACTING AS AN INDIVUAL OR ON BEHALF OF A COMPANY, CONSTITUTES YOUR EXPRESS AND ENTIRE ACCEPTANCE OF THE TERMS, AND YOU DECLARE THAT YOU HOLD ALL RIGHTS, AUTHORIZATION AND POWERS NECESSARY TO ACCEPT THE TERMS.THE TERMS MAY BE MODIFIED AT ANY TIME WITHOUT PRIOR NOTICE OR ACKNOWLEDGEMENT, AND IT IS THEREFORE YOUR RESPONSIBILITY TO CHECK THEM ON A REGULAR BASIS. IF YOU DO NOT ACCEPT THE MODIFICATIONS, YOU MUST IMMEDIATELY CEASE TO USE THE SERVICE. YOU MAY NEITHERACCESS THE SERVICE NOR USE IT IF YOU ARE NOT DULY EMPOWERED TO CONCLUDE SUCH A CONTRACT OR IF FORBIDDEN BY THE LAWS AND REGULATIONS APPLICABLE IN YOUR COUNTRY OF RESIDENCE OR IN THE COUNTRY FROM WHICH YOU WISH TO ACCESS THE SERVICE. IT IS YOUR RESPONSIBILITY TO DETERMINE IF THE COUNTRY, STATE, TERRITORY OR PLACE FROM WHICH YOU ARE ACCESSING THE SERVICE AUTHORIZES, IN WHOLE OR IN PART, USE OF THE SITE AND ASSOCIATED SERVICES. ANY USE BY YOU OF THE SITE AND ASSOCIATED SERVICES IS AT YOUR OWN RISK. YOU AGREE NOT TO HOLD US LIABLE IF THE APPLICABLE LEGISLATION OR REGULATIONS RESTRICT OR FORBID USE OF THE SITE AND ASSOCIATED SERVICES IN WHOLE OR IN PART.

2) XPULZ account (hereafter referred to as the tournament 'Organizer' or 'Administrator')

In order to accessthe functionalities of the Internet Site and use the associated Services, you must create a XPULZ account. When you create your XPULZ account, you must provide information that you declare to be complete and exact. You may modify the personal data that you transmit when creating your XPULZ account at any time. We take reasonable measures to ensure the security of your XPULZ account, but it is your responsibility to take all necessary precautions to ensure the protection and confidentiality of your XPULZ account. Should you notice a breach of security on your XPULZ account, please contact us immediately at info@xpulz.com. Your XPULZ account is created without a time limit. You may access your account at any time by logging in from the many connectors we haveavailable.. If you do not respect the obligations that result from the Terms, we reserve the right to suspend, temporarily or permanently, your access to your XPULZ account without prejudice to any other rights we may have.

3) Access to the Services

The site and associated Services are in principle continuously available, except in the event of interruption, whether planned or not, for the purposes of maintenance or in the event of interruption due to force majeure. We cannot be held liable for any damages, interruption, in whole or in part, of any type whatsoever, resulting from the unavailability of the Site and associated Services.

4) License

XPULZ grants you a personal, royalty-free, limited, non-transferable and non-exclusive license, worldwide, to use the esports platform provided by XPULZ within the framework of the Services and subject to the respect of these Terms. You are not authorized to copy, modify, distribute, sell or rent, in whole or in part, the Services and software comprising the Site.Likewise, you are not authorized to decompile or attempt to extract the source code of the software.

5) Content

By using the Service and as a holder of an XPULZ account, you may display, produce, represent, publish or transmit Content. “Content” designates all of the information displayed, produced, represented, published or transmitted on the Site such as text, messages, images, logo, illustrations, video, information on Participants, results and associated hypertext links. You are solely liable for the Content that you distribute when using the Service. Once you make your Content accessible to the public, you agree that XPULZ, and any other user of the Internet, has the right to access, share and redistribute the Content on any platform and via all mediachannels, in particular through Internet and social networks, and this on a royalty-free, non-exclusive and without time limit basis. You declare that the information that you publish is complete, exact and does not contain intentional or malicious errors, such as false results. In addition, it is strictly forbidden to perform marketing or commercial operations on the Site through the use of the Services.

6) Warranties and limitation of liability

6.1) Availability of the Site and Services

XPULZ is subject to an obligation of diligence with respect to access to and availability of the Site and Services and cannot be held liable in the event of damage, of any sort whatsoever, if the Site should be unavailable. You are hereby informed that the Site and Services may be momentarily unavailable for reasons of maintenance, servicing, upgrade of Services or for reasons beyond our control.

6.2) Warnings

YOU HEREBY ACKNOWLEDGE THAT USE OF THE SITE AND ASSOCIATED SERVICES IS PROVIDED 'AS IS' WITH NO WARRANTY OF ANY SORT, AND THAT YOU USE SAID SITE AND SERVICES AT YOUR OWN RISK. WE CANNOT BE HELD LIABLE FOR THE CONTENT, RELIABILITY OR AVAILABILITY OF THE SERVICES AND, WITHIN THE LIMITS AUTHORIZED BY LAW, WE EXCLUDE ANY AND ALL WARRANTIES. YOU EXPRESSLY ACKNOWLEDGE THAT OUR SERVICES ARE LIMITED TO AN OBLIGATION OF DILIGENCE.

6.3) Content hosting service provider

As an esports platform, XPULZ cannot be held liable for Content made available on the Site by Internet users, in particular insofar as the description of a Tournament, free or paid, is concerned. XPULZ declines all responsibility for the conditions of participation set using the Service and agreed by a Participant and a Tournament Organizer.

6.4) Disputes between users

Only the Organizer of the Tournament shall be wholly liable in the event of dispute between a Participant. XPULZ declines all responsibility in the event of litigation arising during a Tournament and will instruct the Participant to contact the designated Organizer.

7) Personal Data

7.1) General

When you use the Services, we may collect and process your personal data. In addition, you may also share your personal data with other users of the Services and, in particular, tournament organizers or participants. We invite you to be particularly vigilant about the personal data that you provide when using the Services and never to disclose sensitive or risky information (such as political opinion, religious opinion, passport number, bank card number, social security number). For more information about data collection, the processing of your personal data and your rights, read our Privacy Policy.

7.2.1) General information concerning the collection of your personal data by tournament organizers

The Services available on XPULZallow tournament organizers to collect and process the personal data of the participants who registered in their tournament. Tournament organizers are responsible for the processing of personal data collected for their tournament. As a tournament organizer, you can choose to define the purposes and means of processing implemented for the performance of your tournament, in compliance with XPULZ Privacy Policy and with the European General Data Protection Regulation of April 27, 2016. XPULZ acts as a data processor on behalf of the tournament organizer who is responsible for any processing carried out. In the event a tournament organizer collects personal data that does not comply with the provisions of the XPULZ Privacy Policy or with the European General Data Protection Regulation, XPULZ reserves the right to close the organizer’s account by written notice unless, within thirty (30) days, the breaching organizer cures such breach, or immediately in the event of a serious or repeated breach of any of such provisions.

7.2.2) Processing and purpose of personal data collected by tournament organizers

When you organize a tournament, you may request from your participants to provide personal data. You are only authorized to collect participant's data that are strictly necessary for the performance of your tournament and in particular to verify that your participants respect the conditions of participation of your tournament. You may request from your participants to send proof to justify the accuracy of their data.

7.2.3) Storage of personal data collected from tournament organizers

Tournament organizers are not authorized to store personal data for a longer period of time than specified in XPULZ Privacy Policy. Tournament organizers undertake to take all appropriate security measures to protect XPULZ and users or visitors of the platform against any unauthorized access, modification, disclosure or destruction of personal data collected through the Services. Tournament organizers undertake to respect the rights of users concerning their personal data and in particular the rights defined in the XPULZ Privacy Policy or by any applicable law or regulation in force.

7.2.4) Abuse and Reports

If you believe that a tournament organizer is not acting in compliance with the XPULZ Privacy Policy, you may notify us by email to info@xpulz.com.

8) Intellectual Property

8.1) The Site, its contents and Services, its software, designs, models, databases, trademarks and logos are protected by intellectual property and copyright law. The user undertakes to respect these rights.

XPULZ is a registered trademark in the European Union and in other territories. All rights reserved.

8.2) The products and video games presented on the Site correspond to registered trademarks or trademarks belonging to their respective owners.

9) Intellectual Property

If one or more clauses in these Terms should be declared null and void pursuant to a law or regulation or by the decision of a court of law, the other clauses shall still apply. Any litigation relating to the execution of these Terms shall fall within the jurisdiction of the Swiss courts. In the event that there should be litigation between XPULZ and a professional user, the courts of Zurich, Switzerland, shall have sole jurisdiction. Withinlimits expressly authorized by law, as a non-professional user, you acknowledge that solely the courts of Zurich shall have jurisdiction in the event of any litigation that may arise between you and us.

Privacy Policy of XPULZ Gaming GmbH

XPULZ Gaming GmbH collects some Personal Data from its Users.


This document can be printed for reference by using the print command in the settings of any browser.

Owner and Data Controller

XPULZ Gaming GmbH
Fallendenstrasse 3c
8124 Maur
Switzerland

Owner contact email: info@xpulz.com

Types of Data collected

Among the types of Personal Data that XPULZ Gaming GmbH collects, by itself or through third parties, there are: Cookies; Usage Data; geographic position; first name; last name; date of birth; username; email address; country; various types of Data; phone number.

Complete details on each type of Personal Data collected are provided in the dedicated sections of this privacy policy or by specific explanation texts displayed prior to the Data collection.
Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using XPULZ Gaming GmbH.
Unless specified otherwise, all Data requested by XPULZ Gaming GmbH is mandatory and failure to provide this Data may make it impossible for XPULZ Gaming GmbH to provide its services. In cases where XPULZ Gaming GmbH specifically states that some Data is not mandatory, Users are free not to communicate this Data without consequences to the availability or the functioning of the Service.
Users who are uncertain about which Personal Data is mandatory are welcome to contact the Owner.
Any use of Cookies – or of other tracking tools – by XPULZ Gaming GmbH or by the owners of third-party services used by XPULZ Gaming GmbH serves the purpose of providing the Service required by the User, in addition to any other purposes described in the present document and in the Cookie Policy, if available.

Users are responsible for any third-party Personal Data obtained, published or shared through XPULZ Gaming GmbH and confirm that they have the third party's consent to provide the Data to the Owner.

Mode and place of processing the Data

Methods of processing

The Owner takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.
The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Owner, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of XPULZ Gaming GmbH (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Owner at any time.

Legal basis of processing

The Owner may process Personal Data relating to Users if one of the following applies:

  • Users have given their consent for one or more specific purposes. Note: Under some legislations the Owner may be allowed to process Personal Data until the User objects to such processing (“opt-out”), without having to rely on consent or any other of the following legal bases. This, however, does not apply, whenever the processing of Personal Data is subject to European data protection law;
  • provision of Data is necessary for the performance of an agreement with the User and/or for any pre-contractual obligations thereof;
  • processing is necessary for compliance with a legal obligation to which the Owner is subject;
  • processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Owner;
  • processing is necessary for the purposes of the legitimate interests pursued by the Owner or by a third party.

In any case, the Owner will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

Place

The Data is processed at the Owner's operating offices and in any other places where the parties involved in the processing are located.

Depending on the User's location, data transfers may involve transferring the User's Data to a country other than their own. To find out more about the place of processing of such transferred Data, Users can check the section containing details about the processing of Personal Data.

Users are also entitled to learn about the legal basis of Data transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by the Owner to safeguard their Data.

If any such transfer takes place, Users can find out more by checking the relevant sections of this document or inquire with the Owner using the information provided in the contact section.

Retention time

Personal Data shall be processed and stored for as long as required by the purpose they have been collected for.

Therefore:

  • Personal Data collected for purposes related to the performance of a contract between the Owner and the User shall be retained until such contract has been fully performed.
  • Personal Data collected for the purposes of the Owner’s legitimate interests shall be retained as long as needed to fulfill such purposes. Users may find specific information regarding the legitimate interests pursued by the Owner within the relevant sections of this document or by contacting the Owner.

The Owner may be allowed to retain Personal Data for a longer period whenever the User has given consent to such processing, as long as such consent is not withdrawn. Furthermore, the Owner may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.

Once the retention period expires, Personal Data shall be deleted. Therefore, the right of access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.

The purposes of processing

The Data concerning the User is collected to allow the Owner to provide its Service, comply with its legal obligations, respond to enforcement requests, protect its rights and interests (or those of its Users or third parties), detect any malicious or fraudulent activity, as well as the following: Analytics, Location-based interactions, Registration and authentication, Managing contacts and sending messages, Tag Management, Access to third-party accounts, Data transfer outside the EU, Handling payments, Displaying content from external platforms, Infrastructure monitoring and User database management.

For specific information about the Personal Data used for each purpose, the User may refer to the section “Detailed information on the processing of Personal Data”.

Facebook permissions asked by XPULZ Gaming GmbH

XPULZ Gaming GmbH may ask for some Facebook permissions allowing it to perform actions with the User's Facebook account and to retrieve information, including Personal Data, from it. This service allows XPULZ Gaming GmbH to connect with the User's account on the Facebook social network, provided by Facebook Inc.

For more information about the following permissions, refer to the Facebook permissions documentation and to the Facebook privacy policy.

The permissions asked are the following:

Basic information

By default, this includes certain User’s Data such as id, name, picture, gender, and their locale. Certain connections of the User, such as the Friends, are also available. If the User has made more of their Data public, more information will be available.

About Me

Provides access to the 'About Me' section of the profile.

Email

Provides access to the User's primary email address.

Detailed information on the processing of Personal Data

Personal Data is collected for the following purposes and using the following services:

Access to third-party accounts

This type of service allows XPULZ Gaming GmbH to access Data from your account on a third-party service and perform actions with it.
These services are not activated automatically, but require explicit authorization by the User.

Twitter account access (Twitter, Inc.)

This service allows XPULZ Gaming GmbH to connect with the User's account on the Twitter social network, provided by Twitter, Inc.

Personal Data processed: various types of Data as specified in the privacy policy of the service.

Place of processing: United States – Privacy Policy.

Facebook account access (Facebook, Inc.)

This service allows XPULZ Gaming GmbH to connect with the User's account on the Facebook social network, provided by Facebook, Inc.

Permissions asked: About Me; Email.

Place of processing: United States – Privacy Policy.

Analytics

The services contained in this section enable the Owner to monitor and analyze web traffic and can be used to keep track of User behavior.

Google Analytics (Google LLC)

Google Analytics is a web analysis service provided by Google LLC (“Google”). Google utilizes the Data collected to track and examine the use of XPULZ Gaming GmbH, to prepare reports on its activities and share them with other Google services.
Google may use the Data collected to contextualize and personalize the ads of its own advertising network.

Personal Data processed: Cookies; Usage Data.

Place of processing: United States – Privacy Policy – Opt Out.

Matomo (XPULZ Gaming GmbH)

Matomo is an analytics software used by XPULZ Gaming GmbH to analyze data directly without the help of third parties.

Personal Data processed: Cookies; Usage Data.

Data transfer outside the EU

The Owner is allowed to transfer Personal Data collected within the EU to third countries (i.e. any country not part of the EU) only pursuant to a specific legal basis. Any such Data transfer is based on one of the legal bases described below.
Users can inquire with the Owner to learn which legal basis applies to which specific service.

Data transfer from the EU and/or Switzerland to the U.S based on Privacy Shield (XPULZ Gaming GmbH)

If this is the legal basis, the transfer of Personal Data from the EU or Switzerland to the US is carried out according to the EU - U.S. and Swiss - U.S. Privacy Shield.
In particular, Personal Data is transferred to services that self-certify under the Privacy Shield framework and therefore guarantee an adequate level of protection of such transferred Data. All services are listed within the relevant section of this document and those that adhere to Privacy Shield can be singled out by checking their privacy policy and possibly also by specifically checking for Privacy Shield adherence in the official Privacy Shield List. Privacy Shield also specifically guarantees rights to Users which can be found in its most current form on the website run by the US Department of Commerce.
Personal Data may be transferred from within the EU or Switzerland to the U.S. to services that are not, or not anymore, part of Privacy Shield, only based on other valid legal grounds. Users can ask the Owner to learn about such legal grounds.

Personal Data processed: various types of Data.

Displaying content from external platforms

This type of service allows you to view content hosted on external platforms directly from the pages of XPULZ Gaming GmbH and interact with them.
This type of service might still collect web traffic data for the pages where the service is installed, even when Users do not use it.

Google Fonts (Google Ireland Limited)

Google Fonts is a typeface visualization service provided by Google Ireland Limited that allows XPULZ Gaming GmbH to incorporate content of this kind on its pages.

Personal Data processed: Usage Data; various types of Data as specified in the privacy policy of the service.

Place of processing: Ireland – Privacy Policy.

Handling payments

Unless otherwise specified, XPULZ Gaming GmbH processes any payments by credit card, bank transfer or other means via external payment service providers. In general and unless where otherwise stated, Users are requested to provide their payment details and personal information directly to such payment service providers. XPULZ Gaming GmbH isn't involved in the collection and processing of such information: instead, it will only receive a notification by the relevant payment service provider as to whether payment has been successfully completed.

Stripe (Stripe Inc)

Stripe is a payment service provided by Stripe Inc.

Personal Data processed: various types of Data as specified in the privacy policy of the service.

Place of processing: United States – Privacy Policy.

Infrastructure monitoring

This type of service allows XPULZ Gaming GmbH to monitor the use and behavior of its components so its performance, operation, maintenance and troubleshooting can be improved.
Which Personal Data are processed depends on the characteristics and mode of implementation of these services, whose function is to filter the activities of XPULZ Gaming GmbH.

Sentry (Functional Software, Inc. )

Sentry is a monitoring service provided by Functional Software, Inc. .

Personal Data processed: various types of Data as specified in the privacy policy of the service.

Place of processing: United States – Privacy Policy.

Location-based interactions

Non-continuous geolocation (XPULZ Gaming GmbH)

XPULZ Gaming GmbH may collect, use, and share User location Data in order to provide location-based services.
Most browsers and devices provide tools to opt out from this feature by default. If explicit authorization has been provided, the User’s location data may be tracked by XPULZ Gaming GmbH.
The geographic location of the User is determined in a manner that isn't continuous, either at the specific request of the User or when the User doesn't point out its current location in the appropriate field and allows the application to detect the position automatically.

Personal Data processed: geographic position.

Managing contacts and sending messages

This type of service makes it possible to manage a database of email contacts, phone contacts or any other contact information to communicate with the User.
These services may also collect data concerning the date and time when the message was viewed by the User, as well as when the User interacted with it, such as by clicking on links included in the message.

Mailchimp (The Rocket Science Group LLC)

Mailchimp is an email address management and message sending service provided by The Rocket Science Group LLC.

Personal Data processed: email address; username.

Place of processing: United States – Privacy Policy.

Registration and authentication

By registering or authenticating, Users allow XPULZ Gaming GmbH to identify them and give them access to dedicated services.
Depending on what is described below, third parties may provide registration and authentication services. In this case, XPULZ Gaming GmbH will be able to access some Data, stored by these third-party services, for registration or identification purposes.

Direct registration (XPULZ Gaming GmbH)

The User registers by filling out the registration form and providing the Personal Data directly to XPULZ Gaming GmbH.

Personal Data processed: country; date of birth; email address; first name; last name; username.

Twitch.tv Authentication (Twitch Interactive, Inc.)

Twitch.tv Authentication is a registration and authentication service provided by Twitch Interactive, Inc.

Personal Data processed: various types of Data as specified in the privacy policy of the service.

Place of processing: United States – Privacy Policy.

Twitter OAuth (Twitter, Inc.)

Twitter Oauth is a registration and authentication service provided by Twitter, Inc. and is connected to the Twitter social network.

Personal Data processed: various types of Data as specified in the privacy policy of the service.

Place of processing: United States – Privacy Policy.

Facebook Authentication (Facebook, Inc.)

Facebook Authentication is a registration and authentication service provided by Facebook, Inc. and is connected to the Facebook social network.

Personal Data processed: various types of Data as specified in the privacy policy of the service.

Place of processing: United States – Privacy Policy.

YouTube OAuth (Google LLC)

YouTube OAuth is a registration and authentication service provided by Google LLC and is connected to the YouTube network.

Personal Data processed: various types of Data as specified in the privacy policy of the service.

Place of processing: United States – Privacy Policy.

Windows Live Connect (Microsoft Corporation)

Microsoft Live Connect is a registration and authentication service provided by Microsoft Corporation and is connected to the Microsoft network.

Personal Data processed: various types of Data as specified in the privacy policy of the service.

Place of processing: United States – Privacy Policy.

Tag Management

This type of service helps the Owner to manage the tags or scripts needed on XPULZ Gaming GmbH in a centralized fashion.
This results in the Users' Data flowing through these services, potentially resulting in the retention of this Data.

Segment (Segment Inc.)

Segment is a tag management service provided by Segment.io, Inc.

Personal Data processed: Cookies; Usage Data.

Place of processing: United States – Privacy Policy.

Google Tag Manager (Google Ireland Limited)

Google Tag Manager is a tag management service provided by Google Ireland Limited.

Personal Data processed: Usage Data.

Place of processing: Ireland – Privacy Policy.

User database management

This type of service allows the Owner to build user profiles by starting from an email address, a personal name, or other information that the User provides to XPULZ Gaming GmbH, as well as to track User activities through analytics features. This Personal Data may also be matched with publicly available information about the User (such as social networks' profiles) and used to build private profiles that the Owner can display and use for improving XPULZ Gaming GmbH.
Some of these services may also enable the sending of timed messages to the User, such as emails based on specific actions performed on XPULZ Gaming GmbH.

HubSpot CRM (HubSpot, Inc.)

HubSpot CRM is a User database management service provided by HubSpot, Inc.

Personal Data processed: email address; phone number; various types of Data as specified in the privacy policy of the service.

Place of processing: United States – Privacy Policy.

HubSpot Lead Management (HubSpot, Inc.)

HubSpot Lead Management is a User database management service provided by HubSpot, Inc.

Personal Data processed: various types of Data as specified in the privacy policy of the service.

Place of processing: United States – Privacy Policy.

Further information about the processing of Personal Data

Discord Authentication

discordapp.com Authentication (Discord, Inc.)
Discord Authentication is a registration and authentication service provided by Discord, Inc.
Personal Data collected: various types of Data as specified in the privacy policy of the service.
(https://discordapp.com/privacy)

Place of processing: United States – Privacy Policy.

Steam Authentication

Steam Authentication (Valve Corporation, Inc.)
Steam Authentication is a registration and authentication service provided by Valve Corporation, Inc.
Personal Data collected: various types of Data as specified in the privacy policy of the service.
(https://store.steampowered.com/privacy_agreement/)

Place of processing: United States – Privacy Policy.

Battle.net Authentication

battle.net Authentication (Blizzard Entertainment, Inc.)
battle.net Authentication is a registration and authentication service provided by Blizzard Entertainment, Inc.
Personal Data collected: various types of Data as specified in the privacy policy of the service.
(http://eu.blizzard.com/en-gb/company/about/privacy.html)

Place of processing: United States – Privacy Policy.

Automated decision-making

Automated decision-making means that a decision which is likely to have legal effects or similarly significant effects on the User, is taken solely by technological means, without any human intervention. XPULZ Gaming GmbH may use the User's Personal Data to make decisions entirely or partially based on automated processes according to the purposes outlined in this document. XPULZ Gaming GmbH adopts automated decision-making processes as far as necessary to enter into or perform a contract between User and Owner, or on the basis of the User’s explicit consent, where such consent is required by the law.
Automated decisions are made by technological means – mostly based on algorithms subject to predefined criteria – which may also be provided by third parties.
The rationale behind the automated decision making is:

  • to enable or otherwise improve the decision-making process;
  • to grant Users fair and unbiased treatment based on consistent and uniform criteria;
  • to reduce the potential harm derived from human error, personal bias and the like which may potentially lead to discrimination or imbalance in the treatment of individuals etc.;
  • to reduce the risk of User's failure to meet their obligation under a contract. To find out more about the purposes, the third-party services, if any, and any specific rationale for automated decisions used within XPULZ Gaming GmbH, Users can check the relevant sections in this document.

Consequences of automated decision-making processes for Users and rights of Users subjected to it

As a consequence, Users subject to such processing, are entitled to exercise specific rights aimed at preventing or otherwise limiting the potential effects of the automated decisions taken.
In particular, Users have the right to:

  • obtain an explanation about any decision taken as a result of automated decision-making and express their point of view regarding this decision;
  • challenge a decision by asking the Owner to reconsider it or take a new decision on a different basis;
  • request and obtain from the Owner human intervention on such processing.

To learn more about the User’s rights and the means to exercise them, the User is invited to consult the section of this document relating to the rights of the User.

Push notifications

XPULZ Gaming GmbH may send push notifications to the User to achieve the purposes outlined in this privacy policy.

Users may in most cases opt-out of receiving push notifications by visiting their device settings, such as the notification settings for mobile phones, and then change those settings for XPULZ Gaming GmbH, some or all of the apps on the particular device.
Users must be aware that disabling push notifications may negatively affect the utility of XPULZ Gaming GmbH.

Push notifications based on the User's geographic location

XPULZ Gaming GmbH may use the User's geographic location to send push notifications for the purposes outlined in this privacy policy.

Users may in most cases opt-out of receiving push notifications by visiting their device settings, such as the notification settings for mobile phones, and then changing those settings for some or all of the apps on the particular device.

Users must be aware that disabling push notifications may negatively affect the utility of XPULZ Gaming GmbH.

The rights of Users

Users may exercise certain rights regarding their Data processed by the Owner.

In particular, Users have the right to do the following:

  • Withdraw their consent at any time. Users have the right to withdraw consent where they have previously given their consent to the processing of their Personal Data.
  • Object to processing of their Data. Users have the right to object to the processing of their Data if the processing is carried out on a legal basis other than consent. Further details are provided in the dedicated section below.
  • Access their Data. Users have the right to learn if Data is being processed by the Owner, obtain disclosure regarding certain aspects of the processing and obtain a copy of the Data undergoing processing.
  • Verify and seek rectification. Users have the right to verify the accuracy of their Data and ask for it to be updated or corrected.
  • Restrict the processing of their Data. Users have the right, under certain circumstances, to restrict the processing of their Data. In this case, the Owner will not process their Data for any purpose other than storing it.
  • Have their Personal Data deleted or otherwise removed. Users have the right, under certain circumstances, to obtain the erasure of their Data from the Owner.
  • Receive their Data and have it transferred to another controller. Users have the right to receive their Data in a structured, commonly used and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the Data is processed by automated means and that the processing is based on the User's consent, on a contract which the User is part of or on pre-contractual obligations thereof.
  • Lodge a complaint. Users have the right to bring a claim before their competent data protection authority.

Details about the right to object to processing

Where Personal Data is processed for a public interest, in the exercise of an official authority vested in the Owner or for the purposes of the legitimate interests pursued by the Owner, Users may object to such processing by providing a ground related to their particular situation to justify the objection.

Users must know that, however, should their Personal Data be processed for direct marketing purposes, they can object to that processing at any time without providing any justification. To learn, whether the Owner is processing Personal Data for direct marketing purposes, Users may refer to the relevant sections of this document.

How to exercise these rights

Any requests to exercise User rights can be directed to the Owner through the contact details provided in this document. These requests can be exercised free of charge and will be addressed by the Owner as early as possible and always within one month.

XPULZ Gaming GmbH uses Trackers. To learn more, the User may consult the Cookie Policy.

Additional information about Data collection and processing

Legal action

The User's Personal Data may be used for legal purposes by the Owner in Court or in the stages leading to possible legal action arising from improper use of XPULZ Gaming GmbH or the related Services.
The User declares to be aware that the Owner may be required to reveal personal data upon request of public authorities.

Additional information about User's Personal Data

In addition to the information contained in this privacy policy, XPULZ Gaming GmbH may provide the User with additional and contextual information concerning particular Services or the collection and processing of Personal Data upon request.

System logs and maintenance

For operation and maintenance purposes, XPULZ Gaming GmbH and any third-party services may collect files that record interaction with XPULZ Gaming GmbH (System logs) use other Personal Data (such as the IP Address) for this purpose.

Information not contained in this policy

More details concerning the collection or processing of Personal Data may be requested from the Owner at any time. Please see the contact information at the beginning of this document.

How “Do Not Track” requests are handled

XPULZ Gaming GmbH does not support “Do Not Track” requests.
To determine whether any of the third-party services it uses honor the “Do Not Track” requests, please read their privacy policies.

Changes to this privacy policy

The Owner reserves the right to make changes to this privacy policy at any time by notifying its Users on this page and possibly within XPULZ Gaming GmbH and/or - as far as technically and legally feasible - sending a notice to Users via any contact information available to the Owner. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom.

Should the changes affect processing activities performed on the basis of the User’s consent, the Owner shall collect new consent from the User, where required.

Personal Data (or Data)

Any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person.

Usage Data

Information collected automatically through XPULZ Gaming GmbH (or third-party services employed in XPULZ Gaming GmbH), which can include: the IP addresses or domain names of the computers utilized by the Users who use XPULZ Gaming GmbH, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server's answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User's IT environment.

User

The individual using XPULZ Gaming GmbH who, unless otherwise specified, coincides with the Data Subject.

Data Subject

The natural person to whom the Personal Data refers.

Data Processor (or Data Supervisor)

The natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Controller, as described in this privacy policy.

Data Controller (or Owner)

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, including the security measures concerning the operation and use of XPULZ Gaming GmbH. The Data Controller, unless otherwise specified, is the Owner of XPULZ Gaming GmbH.

XPULZ Gaming GmbH (or this Application)

The means by which the Personal Data of the User is collected and processed.

Service

The service provided by XPULZ Gaming GmbH as described in the relative terms (if available) and on this site/application.

European Union (or EU)

Unless otherwise specified, all references made within this document to the European Union include all current member states to the European Union and the European Economic Area.

Cookie

Cookies are Trackers consisting of small sets of data stored in the User's browser.

Tracker

Tracker indicates any technology - e.g Cookies, unique identifiers, web beacons, embedded scripts, e-tags and fingerprinting - that enables the tracking of Users, for example by accessing or storing information on the User’s device.

Legal information

This privacy statement has been prepared based on provisions of multiple legislations, including Art. 13/14 of Regulation (EU) 2016/679 (General Data Protection Regulation).

This privacy policy relates solely to XPULZ Gaming GmbH, if not stated otherwise within this document.

Latest update: July 07, 2021