Publication date: 2nd June 2023
During its activities, the Platform collects the User’s Personal Data and the User’s Business’s Statistical Data.
During the implementation of its activities, TEN may use your Personal Data and/or your Business’s Statistical Data in various ways, including when providing Site Services. That is why we have developed this document so that each User has the opportunity to familiarize himself with how his Personal Data and/or his Business’s Statistical Data is used or to decide to refuse such use.
References to the words “we,” “our,” or “us” (or similar words in meaning) mean the Platform.
During the processing of the Personal Data and Statistical Data, the Platform is guided by the General Data Protection Regulation (EU) 2016/679 of April 27, 2016, and the California Consumer Privacy Act of 2018 (CCPA).
We thank you for using the Site Services of our Platform.
1.1. Business – is a legal entity that belongs to the User, information about which is posted on the Platform Site.
1.2. Business Profile Administrator (hereinafter “Administrator”) – is a special role of the User in a Business Profile, which allows the User to manage the Business Profile’s actions on the Site.
1.3. Controller – means any natural or legal person, government agency, institution, or other body that independently determines the purposes and means of personal data processing.
1.4. Cookies – are a piece of information in the form of text or binary data transmitted to the browser from the site.
1.5. Personal Data – means any information that directly or indirectly allows identification of the User where the User is a natural person. For example, name, surname, phone number, IP address.
1.6. Processor – is a natural or legal person, government agency, institution, or other body that processes Personal Data on behalf of and behalf of the Controller.
1.7. Personal Account – an interactive part of the Site, with which the User has the right to create and manage a Business Profile.
1.8. Site Services – is an algorithm of actions that the Platform performs for the User-and which are indicated by the Platform on the Site.
1.9. Statistical Data – is public information about the Business, which is freely available and which the User provides to the Platform.
1.10. TEN Site (hereinafter “Site”) – means a web page or group of web pages on the Internet, which are located at: ten.gg
1.11. Esports Network Limited (hereinafter and heretofore referred to as the “Platform” or “TEN”) – is a legal entity, registered at: Eden Place, St. Augustine Street, St George’s Bay, St Julian’s STJ 3310, Malta, that provides the User with the Site Services, posts the User’s Personal Data on its Site and the User’s Business Statistical Data on its Site and/or in social networks.
1.12. Third Party – means a natural or legal person, government agency, institution, or body other than the User, Controller, Processor, and persons authorized by the Controller or Processor under their direct supervision to process Personal Data or Statistical Data.
1.13. User – is an individual who registers on the Site, receives the Site Services, and/or provides the Platform with his Personal Data and/or Business Statistical Data.
1.14. User Consent (hereinafter referred to as “Consent”) – means a voluntary, specific, informed, and unambiguous expression of will in which the User, using a statement or a clear positive action, agrees to the processing of his Personal Data and/or the Business’s Statistical Data.
2. GENERAL PROVISIONS
2.1. The Platform processes and stores Personal Data based on the principles of legality, fairness and transparency by Article 5 “Principles relating to processing of personal data” of the GDPR.
2.2. In the case of processing Personal and Statistical Data of US residents (including residents of the State of California, USA), the Platform is guided by the California Consumer Privacy Act of 2018 and a Guide for Business “Protecting Personal Information” from Federal Trade Commission.
2.3. TEN acts as a Controller of Personal and Statistical Data that it receives during the provision of Site Services to the User, including those data that the User transfers on his initiative.
2.4. The Platform is not responsible for the processing of Personal Data by third parties that are not controlled or owned by TEN.
3. PERSONAL AND STATISTICAL DATA
3.1. During the registration of the User, the Platform receives the following Personal Data about the User:
3.1.1. First name;
3.1.2. Last name;
3.1.4. Location (Country/City);
3.2. When the User uses Site Services, the Platform has the right to receive the following Personal Data:
3.2.4. Communication languages.
3.3. During the registration of the Business, the User can provide the following Statistical Data:
3.3.1. Public name;
3.3.3. Ownership type;
3.3.5. The quantity of employees:
3.3.6. Headquarters location (Country/City):
3.3.7. Communication languages;
3.3.8. Year founded;
3.3.9. The categories and subcategories in which the Business operates.
3.4. The User has the right to provide the following additional Statistical Data:
3.4.1. Profile banner;
3.4.2. Other offices locations (Countries/Cities);
3.4.3. Business description;
3.4.4. Social media links;
3.4.5. Portfolio cases (examples/products of the Business, in the form of headings, images, dates of creation, links to the site, etc);
3.4.6. Related news (link to an external resource, title, and date of publication).
3.7. The Platform reserves the right to verify the data about the Business by asking the User for information proving that he is the owner of the Business. If the User does not provide such information, TEN has the right to terminate the provision of Site Services to such User, delete his Personal Account, Business Profile and/or Statistical Data about the Business.
3.8. When you visit the Site or receive the Site Services, TEN may collect the following Statistical Data automatically:
3.8.1. IP address;
3.8.2. time zone and language settings;
3.8.3. browser type and version;
3.8.4. operating system, device type, and screen extension;
3.8.5. location country;
3.8.6. information about your visit to the Site, including complete details on the URL, route to and from the Site (including date and time), page response time, data loading errors, length of stay on certain pages, activity on the page (such information such as scrolling and mouse movements, clicks), methods used to exit the page, and phone numbers for contacting the service center.
3.9. TEN does not collect or process sensitive Personal Data of Users, such as race or ethnic origin, political views, religious or philosophical beliefs, union membership, genetic or biometric data, health information, sexual life, or sexual orientation.
3.10. The Platform has the right to process and publish public information about legal entities that are freely available, including receiving public information about a legal entity from the User.
3.11. TEN has the right to collect and receive the Personal Data and/or Statistical Data as follows:
3.11.1. during registration of the User;
3.11.2. when filling out the User’s Personal Account;
3.11.3. during the registration of the Business;
3.11.4. provision of additional Statistical Data;
3.11.5. when providing Site Services;
3.11.6. during communication by Users in a chat, using the function of the Site “Request a chat”;
3.11.7. when adding new members to the Business Profile;
3.11.8. when interacting with Platform employees, by exchanging e-mails, messages on social networks and messengers, telephone calls;
3.11.9. use of log files, Cookies and other tracking technologies;
3.11.10. use of log files to determine the actions of the User on the Platform Site;
3.11.11. using messengers and social networks;
3.11.12. using a pop-up form, while obtaining Consent;
3.11.13. when signing any documents between the User and the Platform, including, but not limited to: agreements, contracts, invoices, etc.
3.12. The Business has the right to use Personal Data and Statistical Data for the following purposes:
3.12.1. providing Site Services;
3.12.2. creating a catalog of Businesses and legal entities on the Platform Site;
3.12.3. ensuring the security of the Site;
3.12.4. administration of the Site and conduct internal operations, including troubleshooting, data analysis, testing, and improving the navigation of the Site based on your preferences;
3.12.5. communication with the User;
3.12.6. for responding to requests from law enforcement agencies;
3.12.7. for responding to lawsuits, investigating or resolving disputes with the User.
3.13. The Platform reserves the right to obtain Personal Data and/or Statistical Data for the provision of Site Services. If the User refuses to provide Personal Data and/or Statistical Data, the TEN has the right to terminate any relationship with such User.
3.14. The Platform has the right to obtain Personal and Statistical Data through the use of social networks, including, but not limited to: Instagram, Facebook, LinkedIn, and Twitter.
4. PERSONAL AND STATISTICAL DATA TRANSFER
4.1. The Platform has the right to transfer Personal and Statistical Data to Third Parties for the implementation and provision of the Site Services and/or protection of its legal interests:
4.1.1. Contractors and employees. The Platform may transfer Personal and Statistical Data to other entities with which it will cooperate, including legal and tax consultants and entities that provide accounting, marketing and IT services.
4.1.2. Courts, law enforcement, and government agencies. The Platform has the right to transfer Personal and Statistical Data in the event of fulfilling any legal obligations, including in connection with a court ruling.
4.1.3. Third-Party. The Platform has the right to disclose or transfer the Personal and Statistical Data during the following transactions: acquisition or merger, financing, corporate reorganization, joint venture, including the sale of assets or in the event of bankruptcy.
5. PERSONAL DATA STORAGE AND PROTECTION
5.1. The Platform uses all necessary security and protection measures for Personal Data to ensure its confidentiality and prevent loss or misrepresentation.
5.2. The Platform protects and stores Personal Data from:
5.2.2. illegal use, transfer, disclosure, alteration, removal, and/or destruction.
5.3. Personal Data may be transferred and stored outside the European Economic Area (“EEA”) to provide you with our Site Services. Please note that Personal Data may be transferred to Third Parties outside the EEA. In case of transfer of Personal Data to a Third Party for any reason allowed under prevailing data protection laws, such Third Party shall subsequently become responsible for the storage and processing of Personal Data as well as any rights and obligations pertaining to the User under the same prevailing data protection laws.
5.4. We may use the following methods to protect Personal Data in accordance with the article “Security of processing” 32 GDPR:
5.4.1. ability to ensure constant confidentiality, integrity, availability and fault tolerance of Personal Data processing systems;
5.4.2. testing, evaluation and measurement of the effectiveness of technical and organizational measures to ensure the security of processing Personal Data.
5.5. The Platform may delete Personal and Statistical Data upon receipt of a request from the User and upon the termination of the relationship. By deleting Personal and Statistical Data, we mean securely deleting all Personal and Statistical Data from servers and/or from all physical storage mediums (for example, hard drive, computer, laptop, etc.). Following such deletion, TEN shall assume no further liability for such Personal and/or Statistical Data.
5.7. TEN has the right to retain the Personal and Statistical Data for 5 (five) years after the termination of the relationship in the following cases:
5.7.1. for statistical accounting;
5.7.2. if the current legislation requires their storage;
5.7.3. for creating a catalogue on the Site;
5.7.4. for familiarization of Users with the legal entity;
5.7.5. for systematization of legal entities that provide services in the categories and subcategories indicated on the Site;
5.7.6. if they are necessary for doing business.
5.8. The Platform does not store the User’s Personal Data in the event of a request to delete Personal Data on his behalf in accordance with the right to delete.
5.9. TEN has the right not to delete Personal and Statistical Data in the event of a reorganization of the Business, a merger between TEN with another business, or any other changes in the TEN structure, and the event of a change of server.
6. BASIS FOR PROCESSING PERSONAL AND STATISTICAL DATA
6.1. The Platform processes Personal and Statistical Data based on the following legal grounds:
6.1.1. User’s Consent;
6.1.2. Site Services provision to the User;
6.1.3. to comply with applicable laws, for the proper level of our business, to enter into and execute corporate transactions (sale of shares/stocks, mergers, acquisitions), to fulfil its obligations to you and/or a third party.
6.2. In cases where the basis for the processing of Personal and Statistical Data is your Consent, you have the right to revoke it at any time. In the event of withdrawal of your Consent, the Platform has the right to terminate the provision of the Site Services and terminate all relations with you. If the Consent is revoked, your Personal Data will be permanently deleted, and Statistical Data may be stored in the directory of the Site, and Statistical Data may be stored in the directory of the Site.
6.3. The Platform undertakes to stop processing Personal and Statistical Data within 10 (ten) business days from the date of receipt of the withdrawal of the Consent.
7. JURISDICTION OF THE EUROPEAN UNION AND THE EUROPEAN ECONOMIC ZONE
7.1. The terms of this section apply to residents of the European Union and the European Economic Area. By the terms of this clause, the User has the following rights:
7.1.1. Right of access. The User may contact us directly to request access to the Personal and Statistical Data we hold about them, as well as to any information in accordance with Article 15 of the General Data Protection Regulations.
7.1.2. Right to erase. The User has the right to delete Personal and Statistical Data about himself, in accordance with Article 17 of the General Data Protection Regulations. Personal Data, in this case, will be deleted forever.
7.1.3. Right to rectification. The User has access to Personal and Statistical Data, which must be updated, corrected, and supplemented at any time. The User may also contact the User support of the Business to access his Personal and Statistical Data to correct, change, or delete it according to Article 16 of the General Data Protection Regulations.
7.1.4. Right to data portability. We may send the Personal and Statistical Data of Users to third parties at the request of the User, in accordance with Article 20 of the General Data Protection Regulations.
7.1.5. Right to object. The User has the right at any time to object to the processing of their Personal and Statistical Data in accordance with Article 21 of the General Data Protection Regulations.
7.2. The User must provide sufficient information to confirm his identity, whose Personal and Statistical Data are processed by the Platform. If the User cannot confirm his/her identity, the Platform has the right not to fulfill such a request until the confirmation of such identity.
7.3. The User’s request must contain accurate information on the requirements it places on the Platform. If the request does not specify the exact requirements, the Platform has the right to refuse to fulfill the request.
7.4. We will not be able to respond to your request or provide you with Personal and Statistical Data unless we are able to verify your identity or authority and confirm that the Personal and Statistical Data relates to you. In case of receiving a request with inaccurate information and/or in case of impossibility to verify the identity of the User, the Platform has the right not to process the received request and apply to the User for clarifications. If a request for clarification is received, the User is obliged to submit a new corrected request.
7.5. The Platform must respond to the requestor and fulfill the conditions outlined in the request within 21 (twenty-one) business days from the date of receipt.
8. US JURISDICTION
8.2. The Platform has the right to disclose Personal and Statistical Data to a Third Party for business purposes (as defined in the CCPA). When the Platform discloses Personal and Statistical Data for commercial purposes, we enter into an agreement that describes the purpose and requires that both parties maintain the confidentiality of Personal and Statistical Data and not use it for any purpose other than to perform the contract.
8.3. The Platform does not support “Do Not Track” (“DNT”), according to the California Internet Security Act (CalOPPA). Do not track is a setting that you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable the Do Not Track feature by visiting your web browser’s settings page.
8.4. Rights granted to US residents:
8.4.1. Right of access. The User may contact us directly to request access to the Personal and Statistical Data we hold about him.
8.4.2. Right to erase. The User has the right to delete Personal Data about himself, in which case it will be deleted forever.
8.4.3. Right to rectification. The User has access to Personal and Statistical Data, which could be updated, corrected, and supplemented at any time.
8.4.4. Right to data portability. We may send Personal and Statistical Data to third parties at the request of the User.
8.4.5. Right to object. The User has the right to object to the processing of Personal and Statistical Data at any time.
8.4.6. Right to withdraw Consent. The User has the right to withdraw his Consent to the processing of Personal and Statistical Data at any time, in which case the Platform has the right to stop providing the Site Services.
8.5. The User may appoint an authorized agent to submit a request under the CCPA on your behalf if:
8.5.1. An authorized agent – is a natural or legal person registered with the Secretary of State of California;
8.5.2. You sign a written statement that you allow the authorized agent to act on your behalf;
8.5.3. If you are using an authorized agent to request the exercise of your right to information or your right to remove, please send a certified copy of your written statement that allows the authorized agent to act on your behalf using the contact information below.
8.6. The User must provide sufficient information to confirm his identity, whose Personal and Statistical Data are processed by the Platform. If the User cannot confirm his/her identity, the Platform has the right not to fulfill such a request until the confirmation of such identity.
8.7. The User’s request must contain accurate information on the requirements it places on the Platform. If the request does not specify the exact requirements, the Platform has the right to refuse to fulfill the request.
8.8. We will not be able to respond to your request or provide you with Personal and Statistical Data unless we are able to verify your identity or authority and confirm that the Personal and Statistical Data relates to you. In case of receiving a request with inaccurate information and/or in case of impossibility to verify the identity of the User, the Platform has the right not to process the received request and apply to the User for clarifications. If a request for clarification is received, the User is obliged to submit a new corrected request.
8.9. The Platform must respond to the requestor and fulfill the conditions outlined in the request within 21 (twenty-one) business days from the date of receipt.
9. JURISDICTIONS OF OTHER COUNTRIES
9.1. The Platform makes every effort to legally process Personal and Statistical Data under international standards.
9.3. Unfortunately, we do not have the opportunity to specify the legislation on the Personal and Statistical Data processing of each jurisdiction in the world.
10.1. The Platform notifies the User that Personal and Statistical Data may be used to provide the Site Services, and in case of disagreement, the User must leave the Site and not use the Site Services.
10.2. The Platform notifies that the Statistical Data (only those that are in the public domain) of his Business may be stored in the Business Catalog even after deleting the User Personal Account for any reason. Such Statistical Data will not be transferred to Third Parties but may be displayed by another User. The User has the right to remove the Statistical Data from the Site catalog by sending a request to the Platform at: firstname.lastname@example.org.
10.3. The Platform is not responsible for:
10.3.2. for the reliability of the Statistical Data;
10.3.3. for the processing of Personal and Statistical Data by a Third Party;
10.3.4. provision by the User of inaccurate Personal and Statistical Data.
10.4. The User is solely responsible for the accuracy of the Personal and Statistical Data posted on the Platform Site.
10.5. Unfortunately, the transmission of information via the Internet may not be completely secure. Although we make every effort to protect your Personal and Statistical Data, we cannot guarantee the secure process of transferring your Personal and Statistical Data to our Site. In this regard, you are solely responsible for possible failures in sharing your Personal and Statistical Data with the Site. Upon receipt of your Personal and Statistical Data, we undertake the necessary technical and security measures to prevent unauthorized access to your Personal and Statistical Data.
11. USER CONSENT
11.1. The following actions of the User are considered to be the Consent of the User to the terms of processing of Personal and Statistical Data:
11.1.1. providing Consent in the form of using the “OK” button;
11.1.2. registration on the Site.
11.2.1. processing of Personal and Statistical Data by the Platform;
11.2.3. placement of Statistical Data in the Site catalog;
11.2.4. processing and storage of his/her Personal Data and documentation by the Business to which he applied;
11.2.5. storage the Business’s Statistical Data in the directory of the Platform Site, after deleting the User Personal Account.
11.3. The Platform reserves the right to obtain the User’s Consent through a pop-up form. The pop-up form may contain the Consent form in the “OK” button.
12.2. The pages of the Site may contain electronic images known as Web-beacons (sometimes also called transparent gifs or pixel tags). Web-beacons are usually small images located on a web page or in emails that you view. The request that your internet-connected device makes to download such an image from a server/computer is recorded and it provides us with information such as the IP address, the time the image was viewed and the type of browser used for this is used.
12.3. When providing the Site Services, we may use the following types of Cookies:
12.3.1. Session Cookies, also known as transient Cookies, exist only in temporary memory while the User is on a Site page. Browsers usually remove the session Cookie after the User closes the browser window.
12.3.2. Persistent Cookies are deleted on a certain date or after a certain period. This means that information about the Cookie will be transmitted to the server every time the User visits the Site to which these Cookies belong.
12.3.3. Third-party Cookies are a type of files that appears when web pages contain content from external websites, such as links to other websites. For example, they may be used to track the history of User visits to other websites.
12.3.4. Web analytics Cookies are used to analyze User behavior when browsing various pages of the Site. The use of the above Cookies is based on Article 6 “Lawfulness of processing” GDPR
12.4. The Platform uses Google Analytics to perform web analytics when analyzing User behavior.
12.5. Google Analytics is a convenient and versatile service from Google for analyzing Internet sites and mobile applications. Allows webmasters to check the status of indexing, create detailed statistics of the site’s audience and optimize the visibility of their web pages.
12.6.1. User authentication;
12.6.2. storage personal preferences and settings of the User;
12.6.3. storage of the authorization token on the Site;
12.6.4. tracking the User’s access session;
12.6.5. storage statistics information about the User;
12.6.6. tracking the location of the User;
12.6.7. tracking User behavior.
12.7. Cookies do not transmit viruses and/or malicious software to your computer, as the data in the Cookie does not change when moved and does not affect the operation of your computer in any way. Instead, they act more like logs (that is, they record User activity and remember state information) and are updated every time you visit the Site.
12.10. Some Cookies are necessary for the Site to function properly and some are not necessary, but they help us improve the Site. Please note that you automatically accept the necessary Cookies from our Site for its proper functioning when you visit it (unless you have disabled all Cookies in your browser settings).
13. ADULT POLICY
13.1. The Site Services are intended for adult Users. The Platform does not process the Personal Data of minors.
13.2. TEN has the right to delete the Personal Data of a minor, without warning and any consequences for the Platform, and to terminate the Site Services provision of such person.
13.3. If you have information about the use of the Site Services by a minor, please contact Platform support by sending an email to: email@example.com.