Privacy Policy

The responsible entity and controller for the processing of personal data is:

MA Profit INVESTMENT AG
15 Rue des Halles, 75001 Paris, France
maai001@masxw.com
masxw.com

1. General Information

Based on article 13 of the Swiss Federal Constitution and the data protection regulations of the Swiss Confederation (Data Protection Act, DSG), every person is entitled to protection of his or her privacy as well as protection against misuse of his or her personal data. The operators of these pages, applications and platform (Website or Platform) take the protection of your personal data very seriously. We treat your personal data confidentially and according to the legal data protection regulations as well as this privacy policy.

In cooperation with our hosting providers, we make all effort required under applicable law to protect the databases as well as possible against unauthorized access, loss, misuse or forgery. We would like to point out that data transmission over the Internet (e.g. communication by email) can have security gaps. A complete protection of data against access by third parties is not possible.

By using the Platform you agree to the collection, processing and use of data in accordance with the following description.

2. Processing of personal data and duration of processing

Personal data is all information that relates to an identified or identifiable person. A data subject is a person about whom personal data are processed. Processing includes any handling of personal data, irrespective of the means and procedures used, in particular the storage, disclosure, procurement, deletion, storage, modification, destruction and use of personal data. We process personal data in accordance with the Swiss Data Protection Act. In addition, we process personal data - insofar and to the extent that the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, GDPR) is applicable - in accordance with the principles of the GDPR.

We process various categories of data about you. The main categories of personal data are the following:

Technical data: When you use our Website, Platform or other online offerings, we collect the IP address of your terminal device and other technical data in order to ensure the functionality and security of these offerings. This data includes logs with records of the use of our systems. We generally keep technical data for six (6) months. In order to ensure the functionality of these offerings, we may also assign an individual code to you or your terminal device (for example as a cookie, see Section 5). Technical data as such does not permit us to draw conclusions about your identity. Technical data includes the IP address and information about the operating system of your terminal device, the date, region and time of use and the type of browser that you use to access our electronic offerings.

Communication data: When you are in contact with us via the contact form, by email, telephone or chat, or by letter or other means of communication, we collect the data exchanged between you and us, including your contact details and the metadata of the communication. If we record or listen in on telephone conversations or video conferences, for example for training and quality assurance purposes, we will tell you specifically. Such recordings may only be made and used in accordance with our internal policies. You will be informed if and when such recordings take place, for example by an indication during the video conference in question. If you do not want to be recorded, please notify us or leave the (video) conference. If you simply do not want your image to be recorded, please turn off your camera. If we have to determine your identity, for example in relation to a request for information, a request for press access, etc., we collect data to identify you (for example a copy of an ID document). We generally keep this data for twelve (12) months from the last exchange between us. This period may be longer where required for evidentiary purposes, to comply with legal or contractual requirements, or for technical reasons. Emails in personal mailboxes and written correspondence are generally kept for at least ten (10) years. Recordings of (video) conferences we will usually keep for 24 months. Chats are generally stored for two (2) years. Communication data is your name and contact details, the means, place and time of communication and usually also its content (i.e. the content of emails, letters, chats, etc.).

Master data: With master data we mean the basic data that we need for the performance of our contractual and other business relationships or for marketing and promotional purposes, such as name and contact details, and information about, for example, your role and function, your bank details, your date of birth, customer history, powers of attorney, signature authorizations and declarations of consent. We process your master data if you are a customer or other business contact or work for one (for example as a contact person of the business partner), or because we wish to address you for our own purposes or for the purposes of a contractual partner (for example as part of marketing and advertising, with invitations to events, with vouchers, with newsletters, etc.). We receive master data from you (for example when you make a purchase or as part of a registration), from parties you work for, or from third parties such as contractual partners, associations and address brokers, and from public sources such as public registers or the internet (websites, social media, etc.). We generally keep master data for ten (10) years from the last exchange between us or from the end of the contract. This period may be longer if required for evidentiary purposes, to comply with legal or contractual requirements, or for technical reasons. For contacts used only for marketing and advertising, the retention period is usually much shorter, usually no more than two (2) years from the last contact. Master data includes data such as name, address, email address, telephone number and other contact details, gender, date of birth, nationality, data about related persons, websites, social media profiles, photos and videos, copies of ID cards; moreover, details of your relationship with us (customer, supplier, visitor, service recipient, etc.), details of your status, allocations, classifications and mailing lists, details of our interactions with you (if applicable, a history thereof with corresponding entries), reports (for example from the media), or official documents (for example excerpts from the commercial register, permits, etc.) that concern you. As payment information, we collect, for example, your bank details, account number and credit card data. Declarations of consent and opt-out information are also part of the master data, as well as information about third parties, for example contact persons, recipients of services, advertising recipients or representatives. In relation to contact persons and representatives of our customers, suppliers and partners, master data includes, for example, name and address, information about the role or function in the company, qualifications and (where applicable) information about superiors, co-workers and subordinates and information about interactions with these persons. Master data is not collected comprehensively for all contacts. The data collected in an individual case depends mostly on the purpose of the processing activity.

Newsletter data: If you would like to receive the newsletter offered on this Platform, we need an email address from you as well as information that allows us to verify that you are the owner of the email address provided and that you agree to receive the newsletter. Further data will not be collected. We use this data exclusively for sending the requested information and do not pass them on to third parties. You can revoke your consent to the storage of the data, the email address as well as its use for sending the newsletter at any time, for example by using the "unsubscribe link" in the newsletter.

In general, we process personal data for as long as is necessary for the respective purpose or purposes. In the event of longer-term storage obligations due to legal and other obligations to which we are subject, we will limit the processing accordingly.

3. Purposes of processing

We process personal data for the conclusion, administration and performance of contractual relationships, in particular for operating the Platform and for providing our services/products/programs to you i.e., an online platform for skill games with the possibility of winning that allows registered players (users) to create user accounts and organizes events. For this purpose, the Platform connects the user with the providers of the game sites on the internet so that users can compete against each other, play in leagues, and win money or other prizes.

We process your personal data for purposes related to communication with you, in particular in relation to responding to inquiries and the exercise of your rights and to enable us to contact you in case of queries. We keep this data to document our communication with you, for training purposes, for quality assurance and for follow-up inquiries.

We process personal data for marketing purposes and relationship management, for example to send our customers and other contractual partners personalized advertising for products and services from us and from third parties (for example from advertising partners). This may happen in the form of newsletters and other regular contacts (electronically, by email or by telephone), through other channels for which we have contact information from you, but also as part of marketing campaigns (for example events, contests, etc.) and may also include free services (for example invitations, vouchers, etc.). You can object to such contacts at any time or refuse or withdraw consent to be contacted for marketing purposes. With your consent, we can target our online advertising on the internet more specifically to you. Finally, we also wish to enable our contractual partners to contact our customers and other contractual partners for marketing purposes.

We further process your personal data for market research, to improve our services and operations, and for product development. We strive to continuously improve our products and services (including our Platform) and to respond quickly to changing needs. We therefore analyze, for example, how you navigate through our Platform or which products/services/programs are used by which groups of people in which way and how new products/services/programs can be designed. This helps us understand the market acceptance of existing products/services/programs and the market potential of new products/services/programs.

We may also process your personal data for security and access control purposes. We continuously review and improve the appropriate security of our IT and other infrastructure. Like all companies, we cannot exclude data security breaches with absolute certainty, but we do our best to reduce the risks. We therefore process data, for example, for monitoring, inspection, analysis and testing of our networks and IT infrastructures, for system and error checks, for documentation purposes and in the context of backups.

We process personal data to comply with laws, directives and recommendations from authorities and internal regulations (compliance).

We also process personal data for the purposes of our risk management and as part of our corporate governance, including business organization and development.

We may process your personal data for further purposes, for example as part of our internal processes and administration or for quality assurance purposes and trainings.

4. Legal basis for processing

If our processing of personal data requires a legal basis according to applicable law, such legal basis will as stipulated by article 6 para. 1 GDPR be one of the following:

lit. a) Processing of personal data with the consent of the person concerned; or
lit. b) Processing of personal data for the purpose of fulfilling a contract with the data subject and for the implementation of appropriate pre-contractual measures; or
lit. c) Processing of personal data for the fulfilment of a legal obligation to which we are subject under any applicable law; or
lit. d) Processing of personal data to protect vital interests of the data subject or of another natural person; or!
lit. f) Processing of personal data to protect the legitimate interests of us or of third parties, except where such interests are overridden by fundamental freedoms and rights or by the interests of the data subject.
Legitimate interests are in particular our business interest in being able to provide our Platform or Website, information security, the enforcement of our own legal claims and compliance with applicable law.

5. Cookies

This Website uses cookies. These are small text files that make it possible to store specific user-related information on the user's terminal device while the user is using the Platform. Cookies make it possible, in particular, to determine the frequency of use and the number of users of the pages, to analyze the behavior of the page use, but also to make our offer more customer-friendly. Cookies remain stored at the end of a browser session and can be retrieved when the user revisits the site. If you do not wish this, you should set your internet browser to refuse cookies. Please note that in this case not all functions of this online offer can be used.

We distinguish the following categories of «cookies» (including other technologies such as fingerprinting):

Necessary cookies: Some cookies are necessary for the functioning of the Website or for certain features. For example, they ensure that you can move between pages without losing information that was entered in a form. They also ensure that you stay logged in. These cookies exist temporarily only («session cookies»). If you block them, the Website may not work properly. Other cookies are necessary for the server to store options or information (which you have entered) beyond a session (i.e. a visit to the Website) if you use this function (for example language settings, consents, automatic login functionality, etc.). These cookies have an expiration date of up to 24 months.

Performance cookies: In order to optimize our Website and related offers and to better adapt them to the needs of the users, we use cookies to record and analyze the use of our website, potentially beyond one session. We use third-party analytics services for this purpose. We have listed them in Section 8.1 below. Before we use such cookies, we ask for your consent. You can withdraw consent at any time through the cookie settings here. Performance cookies also have an expiration date of up to 24 months. Details can be found on the websites of the third-party providers.

Marketing Cookies: We and our advertising partners have an interest in targeting advertising as precisely as possible, i.e. only showing it to those we wish to address. For this purpose, we and our advertising partners – if you consent – use cookies that can record the content that has been accessed or the contracts that have been concluded. This allows us and our advertising partners to display advertisements that we think will interest you on our Website or Platform, but also on other websites that display advertisements from us or our advertising partners. These cookies have an expiration period of a few days to 12 months, depending on the circumstances. If you consent to the use of these cookies, you will be shown related advertisements. If you do not consent to them, you will not see less advertisements, but simply any other advertisement.

In addition to marketing cookies, we use other technologies to control online advertising on other websites and thereby reduce advertising wastage. For example, we may transmit the email addresses of our users, customers and other persons to whom we wish to display advertisements to operators of advertising platforms (for example social media). If these persons are registered with them with the same email address (which the advertising platforms determine by a matching process), the providers display our advertisements specifically to these persons. The providers do not receive personal email addresses of persons who are not already known to them. In case of known email addresses, however, they learn that these persons are in contact with us and the content they have accessed.

We may also integrate additional third-party offers on our website, in particular from social media providers. These offers are deactivated by default. As soon as you activate them (for example by clicking a button), these providers can determine that you are using our website. If you have an account with that social media provider, it can assign this information to you and thereby track your use of online offers. These social media providers process this data as separate controllers.

6. SSL / TLS Encryption

This Website uses SSL / TLS encryption for reasons of security and to protect the transmission of confidential content, such as the requests you send to us as site operator. You can recognize an encrypted connection by the fact that the address line of your browser changes from "http://" to "https://" and by the lock symbol in your browser line. If the SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

7. Your rights regarding the processing of your personal data

If you do not agree with the way we handle your rights or with our data protection practices, please let us know (see contact details at the very beginning of this Privacy Policy). If you are located in the EEA, the United Kingdom or in the United States, you also have the right to lodge a complaint with the competent data protection supervisory authority in your country.

7.1 Right to confirmation

Every data subject has the right to obtain confirmation from the Platform operator as to whether personal data relating to him or her are being processed. If you wish to exercise this right of confirmation, you can contact us at any time as stipulated at the very beginning of this Privacy Policy.

7.2 Right to information

Every person affected by the processing of personal data has the right to receive free information from the operator of this Platform at any time about the personal data stored about him or her and a copy of this information. In addition, the following information may be provided if necessary:

• the processing purposes
• the categories of personal data processed
• the recipients to whom the personal data has been or will be disclosed
• if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
• the existence of a right of rectification or erasure of personal data relating to him or her or of a right of opposition to or limitation of the processing by the controller
• the existence of a right of appeal to a supervisory authority
• if the personal data are not collected from the data subject: All available information about the origin of the data

Furthermore, the data subject has the right of information as to whether personal data has been transferred to a third country or to an international organization. If this is the case, the data subject shall also have the right to obtain information on the appropriate safeguards in connection with the transfer.

If you wish to exercise this right of information, you can contact us at any time as stipulated at the very beginning of this Privacy Policy.

7.3 Right to correction

Any person affected by the processing of personal data has the right to demand the immediate correction of incorrect personal data concerning him or her. Furthermore, the data subject shall have the right to request the completion of incomplete personal data, including by means of a supplementary declaration, having regard to the purposes of the processing. If you wish to exercise this right of correction, you can contact us at any time as stipulated at the very beginning of this Privacy Policy.

7.4 Right of deletion (right to be forgotten)

Any person concerned by the processing of personal data has the right to obtain from the controller of this Platform the immediate deletion of personal data concerning him/her, if one of the following reasons applies and insofar as the processing is not necessary:

• the personal data has been collected or otherwise processed for purposes for which it is no longer necessary
• the data subject withdraws the consent on which the processing was based and there is no other legal basis for the processing (see Section 4)
• the data subject objects to the processing for reasons arising from his/her particular situation and there are no legitimate overriding reasons for processing, or, in the case of direct marketing and related profiling, the data subject objects to the processing
• the personal data has been processed unlawfully
• the deletion of personal data is necessary to comply with a legal obligation under applicable law to which the controller is subject
• the personal data was collected in relation to information society services offered directly to a child

If one of the above reasons applies and you wish to have personal data stored by the operator of the Platform deleted, you can contact us at any time as stipulated at the very beginning of this Privacy Policy. We will ensure that the request for deletion is complied without undue delay.

7.5 Right to limitation of processing

Any person affected by the processing of personal data has the right to request the controller to limit the processing if one of the following conditions is met:

• the accuracy of the personal data is contested by the data subject, after a period of time that allows the controller to verify the accuracy of the personal data
• the processing is unlawful, the data subject does not request to have the personal data deleted but instead requests the restriction of the use of the personal data
• the controller no longer needs the personal data for the purposes of the processing, but the data subject needs them in order to exercise or defend his or her rights
• the data subject has lodged an objection to the processing for reasons arising from his or her particular situation and it is not yet clear whether the legitimate reasons given by the controller outweigh those given by the data subject

If one of the above-mentioned conditions is met, you can request the restriction of personal data stored by the operator of the Platform by contacting us at any time as stipulated at the very beginning of this Privacy Policy. We will initiate the restriction of processing without undue delay.

7.6 Right to data transferability

Every person concerned by the processing of personal data has the right to obtain the personal data concerning him/her in a structured, common and machine-readable format. He/she also has the right to have this data communicated to another person in charge, if the legal requirements are met.

Furthermore, the person concerned has the right to obtain that the personal data be transferred directly from one person responsible to another person responsible, as far as this is technically feasible and provided that this does not affect the rights and freedoms of other persons. To assert the right to data transfer, you can contact us at any time as stipulated at the very beginning of this Privacy Policy.

7.7 Right to objection

Any person concerned by the processing of personal data has the right to object at any time, for reasons arising from his/her particular situation, to the processing of personal data concerning him/her.

In the event of such an objection, the operator of the Platform will no longer process the personal data, unless we can demonstrate compelling reasons for processing that are worthy of protection, which outweigh the interests, rights and freedoms of the person concerned, or if the processing serves to assert, exercise or defend legal claims. To exercise your right to object, you can contact us at any time as stipulated at the very beginning of this Privacy Policy.

7.8 Right to revoke a data protection consent

Every person affected by the processing of personal data has the right to revoke his or her consent to the processing of personal data at any time. If you wish to exercise your right to revoke a consent, you can contact us at any time as stipulated at the very beginning of this Privacy Policy.

8. Personal data transfers

In relation to our contracts, the Platform, our services, products and programs, our legal obligations or otherwise with protecting our legitimate interests and the other purposes set out in this Privacy Policy, we may disclose your personal data to third parties, in particular to the following categories of recipients:

8.1 Third party service providers

We work with service providers in the United States and abroad who process your data on our behalf or as joint controllers with us or who receive data about you from us as separate controllers (for example IT providers, advertising service providers, login service providers or accounting companies). See below for more information to certain specific third party service providers we my cooperate with.

If we below refer to Google we refer to Google LLC (located in the US) and/or to Google Ireland Ltd. (located in Ireland).

8.2 Google Analytics

This Website uses Google Analytics, a web analysis service of Google.

We can use the statistics obtained to improve our offer and make it more interesting for you as a user. This Website also uses Google Analytics for a cross-device analysis of visitor flows, which is performed using a user ID. If you have a Google user account, you can deactivate the cross-device analysis of your usage in the settings there under "My data", "Personal data".

The IP address transmitted by your browser in the context of Google Analytics is not merged with other data from Google. We would like to point out that on this Website Google Analytics has been extended by the code "_anonymizeIp();" in order to ensure anonymous collection of IP addresses. This means that IP addresses are further processed in a shortened form, thus excluding the possibility of personal references. If the data collected about you contains a personal reference, this is immediately excluded and the personal data is immediately deleted.

Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. On behalf of the operator of this Website, Google will use this information to evaluate your use of the Website, to compile reports on the Website activities and to provide further services to the Website operator in connection with the use of the Website and the Internet.

Google Analytics uses cookies. The information generated by the cookie about your use of this Website is usually transferred to a Google server in the USA and stored there. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this Website. You can also prevent the collection of data generated by the cookie and related to your use of the Website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plugin available at the following link: deactivate Google Analytics.

You can also prevent the use of Google Analytics by clicking on this link: Deactivate Google Analytics. This will cause a so-called opt-out cookie to be stored on your data carrier, which prevents the processing of personal data by Google Analytics. Please note that if you delete all cookies on your end device, these opt-out cookies will also be deleted, which means that you will have to set the opt-out cookies again if you want to continue to prevent this form of data collection. The opt-out cookies are set per browser and computer/device and must therefore be activated separately for each browser, computer or other device.

You can prevent this tracking procedure in various ways:

• by setting your browser software accordingly, in particular the suppression of third-party cookies means that you will not receive any ads from third-party providers;
• by disabling cookies for conversion tracking by setting your browser to block cookies from the domain "www.googleadservices.com", https://adssettings.google.com/, although this setting will be cleared when you delete your cookies;
• by disabling interest-based ads from providers that are part of the About Ads self-regulatory campaign through this link, this setting will be cleared when you clear your cookies;
• by permanently deactivating them in your browser. We would like to point out that in this case you may not be able to use all functions of this offer to their full extent.

Further information on Google Ads by Google can be found on data protection at Google.

8.3 Google Tag Manager

Google Tag Manager is a solution with which we can manage so-called website tags via an interface and thus integrate e.g. Google Analytics and other Google marketing services into our online offering. The Tag Manager itself, which implements the tags, does not process any personal data of the users. With regard to the processing of users' personal data, we refer to the Google usage guidelines.

8.4 Transaction parties

As part of our business development, we may sell businesses, parts of businesses or companies to others or acquire them from others or enter into partnerships, which may also result in the disclosure of personal data (including from you, for example as a customer/user or supplier or as a supplier representative) to those persons involved in these transactions. In particular, your personal data might in the context of such a transaction be transferred to an acquirer of our business in the United States or abroad (including in particular in the USA – see Section 9 below).

9. Disclosure of personal data abroad

As explained in Section 8 above, we disclose personal data to other parties. These are not all located in the United States. Your data may therefore be processed in the EEA, in the UK and in particular also in the USA; in exceptional cases, in any country in the world.

If a recipient is located in a country without adequate statutory data protection, we require the recipient to undertake to comply with data protection (for this purpose, we use the revised European Commission’s standard contractual clauses), unless the recipient is subject to a legally accepted set of rules to ensure data protection and unless we cannot rely on an exception. An exception may apply for example in case of legal proceedings abroad, but also in cases of overriding public interest or if the performance of a contract requires disclosure, if you have consented or if personal data has been made available generally by you and you have not objected against the processing.

Many countries outside of Switzerland or the EEA currently do not have laws that ensure an adequate level of data protection under the DSG or the GDPR. The contractual arrangements mentioned compensate for this weaker or missing legal protection to some extent. However, contractual precautions cannot eliminate all risks (namely of government access abroad). You should be aware of these remaining risks, even though they may be low in an individual case, and we take further measures (for example pseudonymization or anonymization, if practicable) to minimize them.

Please note that data exchanged via the internet is often routed through third countries. Your data may therefore be sent abroad even if the sender and recipient are in the same country.

10. Copyright

The copyrights and all other rights to content, images, photos or other files on the Platform belong exclusively to the operator of the Platform or the specifically named rights holders. For the reproduction of all files, the written consent of the copyright holder must be obtained in advance. Anyone who commits a copyright infringement without the consent of the respective copyright holder may be liable to prosecution and, if necessary, compensation for damages.

11. General disclaimer of liability

All information on the Platform has been carefully checked. We make every effort to ensure that the information we offer is up-to-date, correct and complete. Nevertheless, the occurrence of errors cannot be completely ruled out, which means that we cannot guarantee the completeness, correctness and topicality of information, including journalistic and editorial information. Liability claims arising from material or non-material damage caused by the use of the information provided are excluded, unless there is evidence of willful intent or gross negligence.

We can change or delete texts at our own discretion and without notice and are not obliged to update the contents of the Platform. The use or access to the Platform is at the visitor's own risk. We, our clients or partners are not responsible for damages, such as direct, indirect, accidental, in advance concretely to be determined or consequential damages, which are allegedly caused by the visit of the Platform and therefore assume no liability.

We also assume no responsibility or liability for the content and availability of third-party websites that can be accessed via external links on the Platform. The content of linked sites is the sole responsibility of their operators. We thus expressly distance ourselves from all third-party content that may be relevant under criminal or liability law or that is contrary to public decency.

12. Changes

We may change this Privacy Policy at any time without notice. The current version published on our Platform applies. If the data protection declaration is part of an agreement with you, we will inform you of the change by email or other suitable means in the event of an update.

13. Questions on processing of personal data by us

If you have any questions regarding data protection, please send us an email or contact us as stipulated at the very beginning of this Privacy Policy.