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1. Definitions and Interpretation
"Associated Person" means any employee, director, shareholder, agent, corporation, partnership, joint venture, trust, unincorporated association or organisation, employed by, acting for or otherwise associated with or affiliated to a party hereto, as the case may be."
"Personal Information" means any information relating to an individual including, but not limited to, the individual's name, email address, a personal password, the postal address, a telephone number, the individual's gender and the date of birth.
"Platform" means the website www.PokerStrategy.com
"Poker Site(s)" means the poker sites we cooperate with.
"Services" means any product or service offered to you on the Platform.
2. Type of information collected by us
During the process of registration and to use our Services with all included functions, we will ask you to enter certain Personal Information. In this context, we will also ask you to provide your date of birth to certify that you are of legal age to use our Services.
3. Information use
We use the information you provided to us for different things, for example ensuring the functional capability and quality of our Services. Among other things, we also need your Personal Information to deliver our Services, to provide customer support, to undertake necessary security and identify verification checks (partially by Short Message Service), to prevent fraud, to provide the starting capital to you when you pass our quiz, to provide bonuses of the Tell-a-Friend Program, to define your personal member status, meet certain business requirements and for any other purpose related to the operation of the Service. For that reason, it is very important that the Personal Information you register with must be yours and that you complete the account details with valid information. This information is held and protected by us on our servers.
Your Personal Information may be disclosed by us to employees of PokerStrategy.com or any other Associated Person (as defined in clause 1 above) to ensure the proper functioning of our Services. Concerning the privacy of your Personal Information, all recipients shall be bound by applicable data protection laws to keep your Personal Information private.
Furthermore, unless you have elected not to receive information by us, we may use your Personal Information provided by you to provide you with information about our products, our Services, promotions and news information as well as providing you with customer support services. If you no longer wish to receive our newsletter, you may cancel the receiving by using the option to disable the delivery on our Site.
4. Additional information
We may automatically receive Personal Information about you where you provide such information through our Services or through other communications and interactions with us and monitor that information. We may also receive Personal Information from the Poker Sites concerning statistics and data for accounting purposes (e.g. to calculate your number of StrategyPoints) and fraud prevention.
Monitoring of your additionally provided information may also include the monitoring of the messages sent by you to other Users of our Community to prevent a potential breach of the Terms and Conditions of PokerStrategy.com and any applicable laws. If you do not agree with this clause, please simply refrain from sending messages in our Community to other Users of the Community.
The protection of your Personal Information depends on you as well. To help protect your privacy, please also use your best efforts and make sure that your password is confidential and not similar to other passwords already used by you before (e.g. on other websites etc.). Do not tell any third party any details about your account or password.
6. Exemptions regarding confidentiality
Despite our intention to protect your privacy whenever and wherever possible, we have to abide by the laws. Thus, due to the existing legal, regulatory and security environment, we may be required, under certain circumstances, to disclose personally identifiable information about our Users. As it is in our own interest, we will try to limit such disclosures whenever possible, but we believe in good faith that a disclosure is required in the following cases:
- If we have to comply with any legal process served on PokerStrategy.com, on any of our websites or Services
- If there are any circumstances where we are under a substantially similar legal obligation (e.g. in response to a subpoena, warrant or other legal process),
- If we have to act to protect the personal safety of members of the Services or the public interest
7. Your rights concerning the use of your information
As already pointed out, your privacy, the protection and the accurateness of your Personal Information is very important to us. Therefore, you can write to us at any time to review, update, obtain a copy of your information collected by us, have your details corrected or deleted in accordance with your rights under the Data Protection Act 2004 of Gibraltar and our Terms and Conditions or to send us any complaint regarding the use of your Personal Information by us. To protect the privacy of your Personal Information, please send all inquiries by post to PokerStrategy.com Ltd, 57/63 Line Wall Road, PO BOX 199, Gibraltar. We are allowed and may charge a reasonable fee to cover the cost of administration regarding any request made by you in this regard.
Please note that it will not be possible for you to continue using our Services after the deletion of your Personal Information and that we may still use your Personal Information after this is deleted from our Website for fraud prevention only. Please also note that we might request some type of identification document from you to ensure that you are the rightful owner of the relevant Personal Information.
When you visit the website of PokerStrategy.com, we may send you a cookie. A cookie is a text-only string of information that we place on your computer so that we can remember you when you visit our website again and to compile statistical data on your use of our website.
Although you are not obliged to accept cookies from our website and can decline them by modifying the settings of your browser, we advise you to accept cookies. Please note that it will unfortunately not be possible for you to use all of the provided Services on our website without accepting cookies.
9. Your consent
In particular, you give your consent to the following actions taken by us:
9.1 To reserve the right for us to take appropriate measures to check and validate your identity, age, the registration data provided by you and to verify your use of our Service for a potential breach of the Terms and Conditions of PokerStrategy.com and any applicable laws (including the use of your Personal Information after deletion to prevent fraud). This also includes the right to monitor the messages you sent to other Users of our Community as stated in section 4.
If we determine that a minor has attempted to or already has submitted Personal Information via the Site, we reserve the right to delete the minor's Personal Information and the respective User account.
9.2 To authorise us and our employees to use your Personal Information and, if necessary, to disclose your Personal Information to third parties for, among other things, the purposes of validating the information you provide to us in the course of using the Services, including, if necessary, the transfer of information outside of your country. To support us to ensure the security of our Services, you agree to provide such information or documentation as requested by us. Moreover, you consent to use of your nickname at the Platform for advertising and promotional purposes without additional compensation (except where prohibited by law). Furthermore, you give your consent to transfer information about passing the quiz and granting the free poker money to the Poker Sites.
9.4 To share your Personal Information and all other information you have provided to us by registering and using our Services to potential and subsequent business and merger partners, in the case we become insolvent, be taken over by or merge with a third party, or file for bankruptcy, sell all or substantial parts of our assets, or transfer all or parts of our relevant assets to a third party.
10. Exemptions concerning third parties
11. Disclaimer and Limitation of Liability
WE MAKE NO WARRANTIES OR REPRESENTATIONS (WHETHER EXPRESS OR IMPLIED BY LAW, STATUTE OR OTHERWISE) IN CONNECTION TO THE PRIVACY OF YOUR PERSONAL INFORMATION, WITH RESPECT TO OUR PLATFORM, ANY CONTENT, PRODUCTS OR SERVICES AVAILABLE THEREIN OR RELATED THERETO OR THAT OUR PLATFORM, SYSTEM, NETWORK, SOFTWARE OR HARDWARE (OR THAT PROVIDED TO US BY THIRD PARTIES) WILL BE ERROR-FREE OR UNINTERRUPTED OR WITH RESPECT TO THE QUALITY, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR SUITABILITY OF ALL OR ANY OF THE FOREGOING. EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS AGREEMENT, ALL WARRANTIES, REPRESENTATIONS AND IMPLIED TERMS AND CONDITIONS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. FURTHERMORE, NEITHER WE NOR OUR PROVIDERS OR UNDERLYING VENDORS ARE REQUIRED TO MAINTAIN REDUNDANT SYSTEM(S), NETWORK, SOFTWARE OR HARDWARE.
11.2 Limitation of Liability
Our obligations under this agreement do not constitute personal obligations of the owners, directors, officers, advisers, agents, representatives, employees, vendors or suppliers of the Site or Services other than as provided under this agreement. Other than as expressly provided in this agreement, in no event will we be liable for any direct, indirect, special, incidental, consequential or punitive loss, injury or damage of any kind (regardless of whether we have been advised of the possibility of such loss) relating to the use or release of Personal Information including any loss of business, revenue, profits or data.