PRIVACY POLICY
Last modification: 14.02.2024
BDS eSport Ltd, a company duly incorporated under the laws of Malta, with registration number C89330 and with official address at Vision Exchange Building, Territorials Street, Zone 1, Central Business District, Birkirkara CDB 1070, Malta (the “Company, “Us” or “We”) operates the websites hosted at the URL https://www.teambds.gg/ (the “Website”).
The Company shall collect Personal Data from both natural or legal persons who browse the Website (the “Visitor” or “you”).
This Privacy Policy (the “Policy”) aims to protect the privacy and the fundamental rights of the Visitors when their Personal Data is processed by the Company.
The Company implements privacy by default and privacy by design standards and undertakes to store your Personal Data in a secure manner and to process your Personal Data with all appropriate care and attention in accordance with Regulation (EU) 2016/679 (the “General Data Protection Regulation” or “GDPR”).
1. DEFINITIONS
‘Consent’ shall mean any freely given, specific and informed indication of his or her wishes by which a Data Subject signals agreement to the Processing of Personal Data relating to him or her.
‘Data Controller’ shall mean the natural or legal person, who, alone or jointly with others, determines the purposes and means of the Processing of Personal Data and who is in charge of this Processing.
‘Data Subject’ shall mean natural or legal persons whose data is processed.
‘Disclosure’ shall mean making Personal Data accessible, for example by permitting access, transmission or publication.
‘Personal Data’ shall mean all information relating to an identified or identifiable person.
‘Personal Data breach’ shall mean a breach of security leading to the accidental or unlawful destruction, loss or alteration of – or to the unauthorized Disclosure of, or access to – Personal Data transmitted, stored or otherwise processed.
‘Processing’ shall mean any operation or set of operations – by automated and other means – that is performed upon Personal Data or sets of Personal Data, such as collecting, recording, organizing, structuring, storing, adapting or altering, retrieving, consulting, using, disclosing by transmitting, disseminating or otherwise making available, aligning or combining, or erasing.
‘Recipient’ means third, public authority, agency or other body – that is, someone or something other than the Data Subject or the Company – to which the Personal Data is disclosed.
2. SCOPE
The Company provides this Policy to describe its procedures regarding the Processing and Disclosure of Personal Data collected by the Company for use of the Website.
This Policy shall apply to any use of the Website, whatever the method or medium used. It details the conditions at which the Company may collect, keep, use and save information that relates to you, as well as the choices that you have made in relation to the collection, utilisation and Disclosure of your Personal Data.
3. ACCEPTANCE
By browsing the Website, Visitors acknowledge that the Company may collect and process Personal Data that relates to them and that they have read and understood this Policy and agree to be bound by it and to comply with all applicable laws and regulations.
In particular, the Consent for the Processing of Personal Data is given once the Visitor signs up to the mailing list on https://www.teambds.gg/.
The Consent is also given when the Visitors freely submit to the Company the Personal Data. The Visitor understands and agrees that the Company is free to use this Personal Data within the limit provided by law and this Policy.
If you do not agree with the terms of this Policy, please refrain from using the Website.
4. PRINCIPLES FOR PROCESSING PERSONAL DATA
While Processing Personal Data, the Company will respect the following general principle:
a) Fairness and lawfulness
When Processing Personal Data, the individual rights of the Data Subjects must be protected. Personal Data must be collected and processed lawfully, in a fair manner, in good faith and must be proportionate to the objective.
b) Restriction to a specific purpose
Personal Data handled by the Company should be adequate and relevant to the purpose for which they are collected and processed. This requires, in particular, ensuring that the types of Personal Data collected are not excessive for the purpose for which they are collected. Subsequent changes to the purpose are only possible to a limited extent and require substantiation.
c) Transparency
The Data Subject must be informed of how his/her Personal Data is being handled. When the Personal Data is collected, the Data Subject must be informed of:
● the existence of the present Policy;
● the identity of the Data Controller;
● the purpose of Personal Data Processing;
● third-parties to whom the data might be transmitted.
d) Consent of the Data Subject
Personal Data must be collected directly from the individual concerned and the Consent of the Data Subject may be required before Processing Personal Data. The Consent must be obtained in writing or electronically for the purposes of documentation. The Consent is valid only if given voluntarily. If, for any reason, the Consent of the Data Subject is not given before Processing Personal Data, this one should be secured in writing as soon as possible after the beginning of the Processing.
Personal Data can be processed without Consent if it is necessary to enforce a legitimate interest of the Company. Legitimate interests are generally of a legal (e.g. filing, enforcing or defending against legal claims) or financial (e.g. valuation of companies) nature. The Processing of Personal Data is also permitted if national legislation requests, requires or allows this.
e) Accuracy
Personal Data kept on file must be correct and if necessary, kept up to date. Inaccurate or incomplete Personal Data should not be kept on file and deleted.
5. COLLECTED DATA
This Policy applies to all information which is received during your visit to or use of the Website, and when you subscribe to our mailing list.
In particular, the Company will collect the following Personal Data:
a) Visitors data
When you browse the Website, even if you do not subscribe to our mailing list and do not contact us, the Company automatically collect:
· browser events;
· browser version;
· your device ID;
· current URL;
· initial referrer;
· initial referring domain;
· operating system;
· screen height, width.
b) Subscription to mailing list data
When you, as a Visitor, subscribe to our mailing list, We collect your email address, IP address, your name, surname and your country of residence for the sole purpose of sending you emails containing information about the Company.
Please note that you are entitled to unsubscribe from our mailing list whenever you want and at your sole discretion by contacting us in accordance with section 19 of this Policy.
6. USE OF DATA
The following paragraphs describe the various purposes for which the Company uses your Personal Data. Please note that not all of the uses below will be relevant to every individual.
Generally, the main reason why We collect Personal Data is to enable you to enjoy and easily navigate the Website, to keep a detailed list of the Visitors who subscribe to the mailing list, to keep you updated about advances of the Company’s projects.
The Company will employ Visitors’ Personal Data to provide them with a better service, and in particular to:
● communicate with them;
● provide them with information about new products available, blog posts, promotions, special offers and other information;
● personalize the promotional offers, in particular based upon their activity;
● answer to their questions and comments;
● send them the updates about the Company via the mailing list, unless they have unsubscribed;
● prevent potentially prohibited or illegal activities;
● conduct research and compile statistics on usage patterns;
● comply with our legal requirements;
● as otherwise described to the Visitors at the point of collection.
7. THIRD PARTY DISCLOSURE
The Company may share your Personal Data to any other relevant third parties, in particular if We are requested to do so to comply with a court order or law enforcement authorities request, or if We find it necessary, as determined in the Company’s sole discretion, to investigate, prevent or take action regarding illegal activities, to defend our interest or as otherwise required or permitted by law.
In any case where cross-border transfer is done, the Company ensures that adequate protection is guaranteed for Personal Data to be transferred outside of Malta and the European Economic Area (hereinafter: the “EEA”). In some specific cases when this level of protection is not guaranteed, the Company will obtain your prior Consent or establish with the Recipient of Personal Data a contractual framework or sufficient safeguards that ensure an adequate level of protection abroad. You may request access to a copy of these safeguards by contacting the Company.
Unless otherwise stated, the third parties who receive data from the Company are prohibited to use this Personal Data beyond what is necessary to provide the product or service to you, directly or by participating in the Company’s activities.
8. STORAGE OF YOUR PERSONAL DATA
The storage as well as the Processing of your Personal Data may require that your Personal Data are ultimately transferred/transmitted to, and/or stored at a destination outside of your country of residence, notably Malta. Where permitted by law, by accepting the terms of this Policy, you agree to such transferring, transmission, storing and/or Processing. You also agree that such activities may take place to or in countries offering a lower level of protection than your country of residence.
9. RETENTION OF YOUR PERSONAL DATA
In accordance with applicable laws, the Company will use your Personal Data for as long as necessary to satisfy the purposes for which your Personal Data was collected or to comply with applicable legal requirements.
10. SECURITY OF YOUR PERSONAL DATA
The Company applies industry standards and adequate technical and organisational measures, in accordance with applicable laws, to ensure that your data is kept secure.
In the event of a Personal Data breach, the Company shall without undue delay, and where feasible, not later than 72 hours after having become aware of it, notify the breach to the competent supervisory authority, unless said breach is unlikely to result in a risk to your rights and freedoms. If the breach is likely to result in a high risk to your rights and freedoms, the Company shall communicate this breach to you, if it is feasible, without undue delay.
11. ACCESS TO YOUR DATA AND INFORMATION RIGHTS
You have the right to request access to or information about the Personal Data relating to you which are processed by the Company.
Where provided by law, you, your successors, representatives and/or proxies may (i) request deletion, correction or revision of your Personal Data; (ii) oppose the data Processing; (iii) limit the use and Disclosure of your Personal Data; and (iv) revoke Consent to any of our data Processing activities, if the Company is relying on your Consent and does not have another legal basis to continue Processing your data.
These rights can be exercised by contacting us through our contact form or writing to us at: support@bdsesport.com, attaching a copy of your ID. If the request is submitted by a person other than you, without providing evidence that the request is legitimately made on your behalf, the request will be rejected.
The request is free of charge unless your request is unfounded or excessive (e.g. if you have already requested such Personal Data multiple times in the last twelve months or if the request generates an extremely high workload). In such a case, the Company may charge you a reasonable request fee according to applicable laws.
The Company may refuse, restrict or defer the provision of Personal Data where it has the right to do so, for example if fulfilling the request will adversely affect the rights and freedoms of others.
12. PORTABILITY OF YOUR DATA
You also have the right to receive your Personal Data, which you have provided to the Company with, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the Company.
This right can be exercised by contacting us through our contact form or writing to us at: support@bdsesport.com, attaching a copy of your ID. If the request is submitted by a person other than you, without providing evidence that the request is legitimately made on your behalf, the request will be rejected.
The request is free of charge unless your request is unfounded or excessive (e.g. if you have already requested such Personal Data multiple times in the last twelve months or if the request generates an extremely high workload). In such a case, the Company may charge you a reasonable request fee according to applicable laws.
The Company may refuse, restrict or defer the provision of Personal Data where it has the right to do so, for example if fulfilling the request will adversely affect the rights and freedoms of others.
13. PRIVACY BY DESIGN AND BY DEFAULT
The Company will, both at the time of the determination of the means for Processing and at the time of the Processing itself, implement appropriate technical and organizational measures, such as pseudonymization, which are designed to implement data-protection principles, such as data minimization, in an effective manner and to integrate the necessary safeguards into the Processing in order to meet the requirements of the GDPR and protect your rights.
The Company will implement appropriate technical and organizational measures for ensuring that, by default, only Personal Data which are necessary for each specific purpose of the Processing are processed. This obligation applies to the amount of your Personal Data We collect, the extent of their Processing, the period of storage and their accessibility. These measures will ensure that by default your Personal Data are not made accessible without your intervention to an indefinite number of third parties.
14. CONTACTING THE COMPANY AND COMPLAINTS
The Company hopes to be able to answer any questions or concerns you have about your Personal Data. You can get in touch with the Company at the postal address or email address given in section 17 hereafter.
You have the right to make a complaint if you feel your Personal Data has been mishandled or if the Company has failed to meet your expectations. You are encouraged to contact the Company about any complaints or concerns but you are entitled to complain directly to the relevant supervisory authority.
15. CHANGES TO THE POLICY
The Company reserves the right to make any changes to this Policy at any time, as the Company deems necessary or desirable. If we make any material changes restricting or affecting in any way your rights, we will notify you on the Website and, when possible, by email, prior to the change becoming effective. Your continued use of the Website after any such changes or after explicitly accepting the new Policy upon using the Website shall constitute your consent to such changes. If you do not agree to any given modifications to this Policy, you should stop using the Website.
16. DATA CONTROLLER
The Data Controller of the file is: BDS eSport Ltd, with registration number C89330 and with official address at Vision Exchange Building, Territorials Street, Zone 1, Central Business District, Birkirkara CDB 1070, Malta.
17. LINKS
The Website may contain links which direct you to third party sites. The Company rejects any liability relating to the privacy rules in force on said third party sites, the collection and use of your Personal Data by the latter and relating to the contents of said sites (whether the links are hypertext links or deep-links).
Furthermore, the Data Subject acknowledges and agrees that using our Website could imply downloading other applications. Under no circumstances the Company shall be liable for the utilization of these other applications, especially in regards to their Data protection rules.
18. JURISDICTION AND GOVERNING LAW
This Policy and any questions relating thereto shall be governed by the laws of Malta, to the exclusion of any rules of conflict resulting from private international law.
Any dispute relating to this Policy must exclusively be brought before the courts of Valletta, Malta.
19. CONTACT
To ask questions or make comments on this Policy or to make a complaint about our compliance with applicable privacy laws, please contact us through:
a. our email address: support@bdsesport.com
b. our address: Vision Exchange Building, Territorials Street, Zone 1, Central Business District, Birkirkara CDB 1070, Malta.
We will acknowledge and investigate any complaint pursuant to this Policy.