SingularDTV GmbH and its partners and affiliates (also referred to as “Breaker”, “we”, “our”, “us”) is a blockchain entertainment studio company providing artists and creators with powerful tools to manage projects from development to distribution. Please read this data protection notice carefully to understand how we may collect, use and disclose personal data of artists, creators and users (also referred to as “you”, “your”).
1. Who is responsible for data processing and whom can I contact?
Responsible body is:
Gartenstrasse 6, 6300 Zug, Switzerland.
You can contact our company Data Protection Officer at:
Adress: Gartenstrasse 6, 6300 Zug, Switzerland
2. Which sources and data do we use?
We process personal data that we receive from our customers as part of our business relationship. In addition, to the extent necessary for the provision of our services, we process personally identifiable information that we legitimately obtain from publicly available sources (such as debtor directories, land registers, trade and association registers, media the Internet) or other third parties (e.g. a credit reference agency, a comparison portal on the Internet).
Relevant personal information is:
- Personal data (name, address, e-mail address, telephone number, IP address and other contact details, gender, date and place of birth, nationality);
- Legitimacy data (e.g. ID data), non-EU nationals’ residence and / or work permit (only as a part of the ID and address proof);
- Authentication data (e.g. signature sample).
In addition, we may also collect:
- Order data (e.g. payment order);
- Data resulting from the fulfilment of our contractual obligations;
- Advertising and sales data (including advertising scores), documentation data;
- Data related to the business relationship and data collected during the ongoing business relationship (including date, time, cause / purpose, channel of communication, copies of correspondence in hard-copy and/or electronic form, recording of telephone calls and the result of communication). In this context, we also automatically collect so-called IT data, i.e. IP address (s), assignment characteristics of any technical devices with which you access our web pages and / or services, cookies (see our “cookie information” below);
- Data used by customers: processing of sales data and other data necessary for the integration of third-party firm accounts in connection with the implementation of legal and/or regulatory requirements.
In addition to the listed personal data, further information may be processed upon purchase and use of our products / services.
3. Why do we process your data (purpose of the processing) and on which legal basis?
We process personal data in accordance with the provisions of the European General Data Protection Regulation (GDPR):
a. For the fulfilment of contractual obligations (Article 6 (1) (b) GDPR)
- The processing of data is carried out to provide our services in the context of the execution of our contracts with our customers or to carry out pre-contractual actions, which are carried out on request.
- The purpose of the data processing is to adhere to regulatory requirements of KYC and AML checks as well as sending correspondence to customers who opted in to receive the newsletters, updates, and/or other corporate communications. Apart from this, we also process data to answer customer questions for customer success.
- Please refer to further details of the purpose of data processing in the relevant contract documents and/or terms and conditions of each respective product.
b. To accomplish the following business purposes in a way that complies with Article 6(1)(f) of the GDPR.
- Ensuring the IT security and IT operations of the firm;
- Prevention and investigation of criminal offenses;
- Business management and development of services and products;
- Testing and optimization of requirements analysis procedures for direct customer approach;
- Advertising or market and opinion research, provided that you have not objected to the use of your data.
c. Based on your consent (Article 6 (1) (a) GDPR)
If you have given us consent to process personal data for specific purposes (e.g. Breaker utilizing analysis of payment transaction data for marketing purposes), the lawfulness of this processing is based on your consent. A given consent can be revoked at any time. This also applies to the revocation of declarations of consent, which were issued to us before the validity of the GDPR, i.e. before May 25, 2018. The revocation of consent does not affect the legality of the data processed until the revocation.
d. Due to legal requirements (Article 6 (1) (c) GDPR) or in the public interest (Article 6 (1) (e) GDPR)
In addition, we are subject to various legal obligations, i.e. legal requirements (Anti-Money Laundering Act, tax laws) as well as banking supervisory requirements. Processing purposes include, but are not limited to, identity and age checks, fraud and money laundering prevention, compliance with tax reporting/reporting obligations and the assessment and management of risks within Breaker.
4. Who receives your data?
Breaker, affiliated legal entities and, if applicable, third-party service providers contracted by Breaker, gain access to your data to the extent that the data is required to fulfill the respective contractual and legal obligations. Our service providers and deputy agents may also receive data for these purposes, provided they maintain the appropriate level of confidentiality.
It should be noted that we, as a firm, are under a contractual obligation to maintain secrecy about all customer-related information we have. We may only disclose information about you if it is required by law or if you have given your consent for us to do so.
Under these conditions, recipients of personal data may include companies in the following categories:
- Printing services
- IT services
- Telecommunications and sales
- Law enforcement authorities in the presence of a legal or regulatory obligation
- Other credit and financial services institutions or similar entities to which we provide personal information to conduct the business relationship with you (depending on the contract, e.g. Card Schemes VISA and MasterCard, correspondent banks)
- Other companies within the Breaker risk management network to whom we have legal or regulatory obligation.
Processing of personal data in this context may happen for any of the following purposes:
- Settlement of bank information
- Document processing
- Data recovery
- Data screening for anti-money laundering purposes
- Data destruction
- Debit cards / credit cards payment
- Purchasing / Procurement
- Customer management
- Media Technology
- Reporting system
- Risk management
- Security management
- Support / maintenance of EDP / IT applications
- Website Management
- Auditing service
- Payment (card) processing
Other data recipients may be those parties to which you have consented us to transmit data, or for which you have exempted us from keeping secrecy.
Please note that the consent may have been issued directly to us or directly to an external intermediary (e.g. a comparison portal).
5. Is data transmitted to a third country or to an international organization?
A transfer of data to offices in the countries outside the European Union (so-called “third countries”) takes place when:
- it is necessary to execute your orders (e.g. payment orders, billing of credit card payments);
- it is necessary to fulfill our legal and contractual obligations towards you;
- it is required by law (e.g. tax reporting obligations);
- you have given us your consent or
- in the context of data processing in the order.
Furthermore, a transfer of your personal data to third-country entities is foreseen in the following cases:
Your personal data will be processed in the areas of account management, payment transactions, and risk model development within Breaker at our locations within the European Economic Area and the US, in compliance with European data protection standards.
The use of third country service providers can be authorized if they provide additional written instructions on how they will comply with the level of data protection in Europe and ensure the adequate level of protection by applying one of the following measures:
- adequacy decision of the Commission;
- binding internal data protection regulations;
- completion of standard data protection clauses;
- approved rules of conduct or
- through an approved certification mechanism
6. How long will my data be stored?
We process and store your personal information as long as it is necessary for the fulfillment of our contractual and legal obligations.
If the data is no longer required for the fulfillment of contractual or legal obligations, it will be regularly deleted, unless temporary further processing of that data is necessary for the following purposes:
- fulfillment of commercial and tax-related retention obligations (the deadlines for storage and documentation are two to ten years);
- use for advertising/marketing purposes.
7. What Privacy Rights Do I Have?
Each data subject has the right to information under Article 15 of the GDPR, the right of correction under Article 16 GDPR, the right to cancellation under Article 17 GDPR, the right to restriction of processing under Article 18 GDPR, the right to object under Article 21 GDPR and the right to data portability under Article 20 GDPR. In addition, there is the right of appeal to a competent data protection supervisory authority (Article 77 GDPR).
You may revoke your consent to the processing of personal data at any time. This also applies to the revocation of declarations of consent that were issued to us prior to the validity of the Basic Data Protection Regulation, i.e. before May 25, 2018. Please note that the revocation only works for the future; processing that took place before the revocation is not affected.
8. Is there a duty for me to provide data?
As part of our business relationship, you must provide the personal information necessary to enter into a business relationship and perform its contractual obligations, or we are required to collect it by law. Without this information, we will generally not be able to enter into contractual relationship or provide you with our services.
In particular, according to the money laundering regulations, we may be obliged to identify you prior to the establishment of a business relationship on the basis of your identity document and to record the name, place of birth, date of birth, nationality, address and identity card details. In order for us to be able to fulfill this legal obligation, you must provide us with the necessary information and documents in accordance with the Anti Money Laundering Act and immediately notify us of any changes that occur during the business relationship. If you do not provide us with the necessary information and documents, we may not start or continue a potential business relationship with you.
9. To what Extent is there an automated decision-making process ?
To establish and conduct the business relationship, we use automated credit decisions in accordance with Article 22 GDPR. If required by law, we inform the customer in such a case, taking into account the provisions of Article 13 paragraph 2 lit. f GDPR specifically about this and its rights under Article 22 (3) GDPR.
10. Is Profiling taking place ?
We sometimes process your data automatically with the aim of evaluating certain personal aspects (so-called profiling). For example, we use profiling in the following cases:
Due to legal and regulatory requirements, we are committed to combating money laundering, the financing of terrorism and property-related offenses. At the same time, data evaluations are also carried out (inter alia in payment transactions). At the same time, these measures serve as protection to you as a customer. In order to provide you with targeted information and advice on products, we use evaluation tools that enable needs-based communication and advertising, including market and opinion research.
As part of the assessment of your onboarding, we use so-called scoring. This calculates the riskiness with which a customer may be onboarded or not.
INFORMATION ABOUT YOUR RIGHT OF OBJECTION UNDER ARTICLE 21 GENERAL DATA PROTECTION REGULATION (GDPR)
1. Case-specific right of objection
Pursuant to Article 6 (1) lit. e GDPR (Data Processing in the Public Interest) and Article 6 (1) lit. f GDPR (data processing on the basis of a balance of interests) you have the right, at any time during your relationship with us, to prevent the processing of your personal data and profiling, as that term is defined under Article 4(4) GDPR. If you object, we will no longer process your personal information or engage in profiling unless we can establish, in accordance with GDPR guidelines, compelling legitimate grounds for processing that outweigh your interests, rights and freedoms, or that the processing is for the purposes of asserting, exercising or defending legal claims.
2.Right to object to the processing of data for direct marketing purposes
In individual cases, we process your personal data in order to operate direct mail. You have the right to object at any time to the processing of personal data concerning you for the purposes of such advertising; this also applies to profiling insofar as it is associated with such direct mail. If you object to such processing for direct marketing purposes, we will no longer process your personal data for these purposes.
The objection should be in writing and should be directed to:
Address: Gartenstrasse 6, 6300 Zug, Switzerland
A cookie (“Cookie” or “Cookies”) is a small text file that is placed on your hard drive by a web page server. Cookies contain information that can later be read by a web server in the domain that issued the cookie to you. Some Cookies are only accessed when certain features are used or certain preferences are selected, and some Cookies are constantly used. You can find out more about each of our current Cookies on the list below. We update this list periodically, so there may be additional Cookies that are not yet listed. Web beacons, tags and scripts may be used on our website or in emails to help us to deliver Cookies, count visits, understand use and campaign effectiveness and determine whether an email has been opened and acted upon. We may receive reports based on the use of these technologies by our service/analytics providers on an individual and aggregated basis.
WHICH TYPES OF COOKIES ARE THERE IN PRINCIPLE?
- “First Party Cookies” are cookies installed by Breaker on your device.
- “Third Party Cookies” are Cookies that are installed on your device through the website you are visiting. These are Cookies that have been sent by a company, for example for web analytics, to provide the operator with information about the number of visitors to its website.
- “Session Cookies” log a sequence of web pages on our website Breaker.io that a user has visited. These Cookies are not permanently stored and are used to serve a website, for example, by allowing a user to switch from one web page to another without having to re-register. Closing the Internet browser deletes all Session Cookies on your computer.
- “Persistent Cookies” are Cookies which remain on your device even after the Internet browser has been closed, until a specified expiration date. Persistent Cookies are always activated when you visit the website that created the Cookie.
- “Flash Cookies” are in general not used on our website.
- First-party cookies are used to legitimize the user for the Session Cookies, which are technically required for the functionality of our website or to fulfill a service or option requested by you
- Persistent cookies that recognize the customer on a web page visit within and/ or between sessions, that remember previously selected options, product features such as credit card type, and/or additional services available (for online customer service users only), or
- To additionally secure access for online customer service and online application.
WEB ANALYSIS OF THE WEBSITE
- First-party / persistent Cookies
WEB ANALYSIS OF THE WEBSITE AND FOR ADVERTISING EFFICIENCY ANALYSIS
- Third party / persistent Cookies
PERFORMANCE ANALYSIS OF THE WEBSITE
- Cookies that help to improve our website by providing us with overall statistics on the number of visitors to the website, which areas of the website are most viewed, and the city or location of users. These can be installed by an external analysis provider commissioned by us. These cookies do not personally identify you.
Please note, in this regard, your opt-out options as listed in the notes below regarding the use of web analytics services.
WHAT DATA IS STORED IN THE COOKIES?
When a Cookie is created, it is assigned a randomly generated identification number. Your name, your IP address or similar data that would allow the Cookie to be assigned to you will not be stored in the Cookie. We only save a session identifier to recognize the user. We also do not store any information in the Cookies that third parties can evaluate. Our Cookies therefore contain pseudonymous data.
HOW TO PREVENT THE STORAGE OF COOKIES?
You can read how to activate or deactivate Cookies in the help function of your browser.
However, some features on our website, such as online application and online customer service, require Cookies to enable navigation and control access. The complete functionality of the website is therefore only available for activated Cookies.
HOW TO DISABLE COOKIES
Click here to learn more about the “Private Browsing” setting and managing Cookie settings in Firefox;
Click here to learn more about “Incognito” and managing cookie settings in Chrome;
Click here to learn more about “InPrivate” and managing cookie settings in Internet Explorer; and
Click here to learn more about “Private Browsing” and managing cookie settings in Safari.
If you want to learn more about Cookies, or how to control, disable or delete them, please visit http://www.aboutcookies.org for detailed guidance. In addition, certain third-party advertising networks, including Google, permit users to opt out of, or customize preferences associated with your internet browsing. To learn more about this feature from Google, click here.
In accordance with Article 21 (1) of the General Data Protection Regulation, you can object at any time to the processing of data through Cookies by the web analysis service used by Breaker by setting a “blocker cookie” (also called “opt-out cookie”). You can find out how to set a blocker cookie by exploring the links in the below section “Which web analytics services do we use?”.
WHICH WEB ANALYTICS SERVICES DO WE USE?
We use Google Analytics, a web analytics service provided by Google Inc. (1600 Amphitheater Parkway Mountain View, CA 94043, USA (“Google”), which incorporates the Universal Analytics operating mode, making it possible to transfer data, sessions and interactions, and to allocate multiple devices to a pseudonymous user ID to analyze a user’s activity across devices. Google Analytics uses so-called text files stored on your computer to analyze how you use the website. Your use of this website is generally transferred to and stored by Google on a server in the United States, however, in the event that IP anonymization is activated on this website, your IP address will be used by Google within or outside the European Union other Contracting States to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the USA and shortened there. The IP address provided by Google Analytics as part of Google Analytics will not be merged with other Google data. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services related to website usage and internet usage to the website operator. In these purposes, our legitimate interest lies in the data processing.
Please note that Google Analytics may sometimes appear as “anonymizelp”, which Google has done to provide for the anonymous collection of IP addresses, a process sometimes referred to as “IP-Masking”.
You can prevent the storage of Cookies by enabling the corresponding setting of your browser software; however, please note that if you do this, you may not be able to use all the features of this website to the fullest extent possible. In addition, you can prevent Google’s collection of and processing of the data generated by the Cookie and related to your use of the website (including your IP address) by downloading and installing the browser plugin available here.
Opt-out Cookies prevent future collection of your data when you visit this website. To prevent Universal Analytics tracking across devices, you must opt-out on all systems you use.
Please note that after deleting all Cookies, this opt-out must be performed again.
WHICH SOCIAL MEDIA SERVICE DO WE USE?
Integration of services and contents of third parties