Thank you for your interest in this Privacy Policy, and welcome to hyble and our website located at www.hyble.co and www.hyblehost.com (our “website”)! This Privacy Policy sets out the basis on which we will process any Personal Data that we may collect about you as a visitor to our website and user of our game server and hosting or our auxiliary services. This policy further sets out how we protect your privacy and your rights in respect of our use of your Personal Data.
WHO IS THE DATA CONTROLLER?
A “data controller” is a person or organisation who alone or jointly determines the purposes for which and the manner in which any Personal Data is, or is likely to be, processed. In this sense, Hyble LTD of 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ (“hyble”, “we”, “us”, “our”) is the data controller. If you have any questions about this policy or about data protection at hyble in general, you can contact us by email using info@hyble.co with “Data Protection” in the subject line.
WHAT IS PERSONAL DATA?
Personal Data is information that makes it possible to identify a natural person. This includes, in particular, your name, date of birth, address, telephone number, e-mail address, but also your IP address. Anonymous data exists if no personal reference to the user can be made.
WHAT IS PROCESSING?
"Processing" means and covers virtually any handling of data.
WHAT LAW APPLIES?
We will only use your Personal Data in accordance with the UK’s Data Protection Act (“DPA”), the EU's General Data Protection Regulation (“GDPR”), and of course only as described in this Privacy Policy.
WHAT ARE THE LEGAL BASES FOR PROCESSING PERSONAL DATA
We have to have at least one of the following legal bases to process your Personal Data: a) you have given your consent; b) the data is necessary for the fulfilment of a contract/pre-contractual measures; c) the data is necessary for the fulfilment of a legal obligation; or d) the data is necessary to protect our legitimate interests, provided that your interests are not overridden.
WHAT PERSONAL DATA DO WE COLLECT FROM YOU?
We may collect and process the following Personal Data about you:
a) Personal Data that you give us:
This is information about you that you give to us by filling in forms on our website, request information or correspond with us by telephone, post, email, or otherwise. It may also include, for example, your name, address, email address, and telephone number; information about your business relationship with us; and information about your requirements.
On our website, we offer users the opportunity to register an account. The data is entered into our registration form, transmitted to us, and stored. The data is not passed on to third parties. The following data is collected as part of the registration process. It may also include, for example, your name, address, email address, IP address, and date and time of registration. The legal basis for processing is consent and the fulfilment of a contract.
The protection of your Personal Data is particularly important to us in the performance of our contract with you and allowing you access to our game server and hosting or our auxiliary service (“Services”). We therefore only want to process as much Personal Data (for example, your name, address, e-mail address, or telephone number) as is absolutely necessary. Nevertheless, we rely on the processing of certain Personal Data, to fulfil our contractual obligations to you or to carry out pre-contractual measures and in the context of administrative tasks as well as the organisation of our business and compliance with legal obligations, such as archiving.
As mentioned above, we process the Personal Data involved in your use of our Services (“Service Data”) in order to be able to provide our services. We recognise that you own your Service Data and provide you with complete control of your Service Data by providing you the ability to (i) access your Service Data, (ii) share your Service Data through supported third-party integrations, and (iii) request export or deletion of your Service Data.
We ensure that access by our employees to your data is only available on a need-to-know basis, restricted to specific individuals, and is logged and audited. We communicate our privacy and security guidelines to our employees and enforce privacy and protection safeguards strictly.
We process your Service Data as Data Processor or in other words on behalf of you, and will only do so in accordance with your instructions and use it only for the purposes agreed between you and us. We also take appropriate legal precautions and corresponding technical and organisational measures to ensure the protection of your Service Data. For further information, please also refer to our Data Processing Addendum.
When you integrate and configure our Services into your own services, we may also process Personal Data of your end users. The Personal Data processed by us depends on how you are using our Services and the requests you and/ your end users are submitting. In this sense, you have full control over how you and your end user are using our Services, for example by using configuration options and settings, and the Personal Data that is processed by us. Please note that some jurisdictions may require you to disclose your use of our services as your processor in your privacy policy and/or data processing agreement as applicable.
Further and if you are providing us with Personal Data relating to a third party, you agree a) that you have in place all necessary appropriate consents and b) that such third party has read this Privacy Policy. You agree to indemnify us in relation to all and any liabilities, penalties, fines, awards, or costs arising from your non-compliance with these requirements.
If you create a support ticket, we will request Personal Data and, where applicable, non-Personal Data in accordance with your request, this may include your name, email address, and other order-related data you voluntarily provide. If you submit a support ticket, we process the data for the purpose of processing and handling your ticket. Our employees will also have access to data that you knowingly share with us for technical support or to import data into our services. We communicate our privacy and security guidelines to our employees and enforce privacy safeguards strictly. The legal basis of the data processing is our obligation to fulfil the contract and/or our legitimate interest in processing your support ticket.
If you make a purchase, your payment data will be processed via our payment service providers Stripe or PayPal. Payment data will solely be processed through the by you selected payment service provider, and we have no access to any payment data you may submit. The legal basis for the provision of a payment system is the establishment and implementation of the contract.
Finally, we process data in the context of administrative tasks as well as organisation of our business and compliance with legal obligations, such as archiving. In this regard, we process the same data that we process in the course of providing our contractual services. The processing bases are our legal obligations and our legitimate interest.
b) Personal Data that our website and other systems collect about you:
If you visit our website, it will automatically collect some information about you and your visit, including the Internet protocol (IP) address used to connect your device to the Internet and some other information, such as the pages on our site that you visit. This is used to monitor the performance of the website and improve the experience of visitors to the website.
We do not use a third-party hosting service for the purpose of operating our website, and instead our website is self-hosted. In doing so, we process inventory data, contact data, content data, contract data, usage data, meta data, and communication data of our customers, interested parties, and visitors ourselves and on our own servers. The legal basis is our legitimate interests in an efficient and secure provision of the website and services in conjunction with the provision of contractual services.
We use so-called cookies on our website. Cookies are pieces of information that are transmitted from our web server or third-party web servers to your web browser and stored there for later retrieval. Cookies may be small files or other types of information storage. As set out in the UK`s Privacy and Electronic Communications Regulations (“PECR”) and the EU`s Privacy and Electronic Communications Directive (“PECD”), we need to obtain consent for the use of non-essential cookies. For further information on the cookies we use, please refer to our Cookie Policy.
c) Other information:
For business reasons, we analyse the data we have on web and server traffic patterns, website interactions, browsing behaviour, etc. The analyses serve us alone and are not disclosed externally and processed using anonymous analyses with summarised and/or anonymised values (“Aggregated Data”). Aggregated Data could be derived from your Personal Data but is not considered Personal Data in law as this data will not directly or indirectly reveal your identity. However, if we combine or connect Aggregated Data with your Personal Data so that it can directly or indirectly identify you, we treat the combined data as Personal Data which will be used in accordance with this Privacy Policy. For this purpose we use Google Analytics from Google. The legal basis is our legitimate interest and your consent. For further information on our use of Google Analytics, please refer to our Cookie Policy.
OTHER USES OF YOUR PERSONAL DATA
We may also collect, store, and use your Personal Data for the following purposes:
to operate, manage, develop, and promote our business and, in particular, our relationship with you and related transactions, including, for example:
marketing purposes (when we have either gathered prior opt-in consent and/or have a legitimate interest to send you communications which we believe to be relevant and of use to you);
to operate, administer, and improve our website and other aspects of the way in which we conduct our business;
to offer you our products and services;
to provide you with services or information that you may have requested; and
to keep you informed and updated on relevant topics or services you may be interested in.
to protect our business from fraud, money laundering, breach of confidence, theft of proprietary materials, and other financial or business crimes;
to comply with our legal and regulatory obligations, bring and defend legal claims and assert legal rights; and
if the purpose is directly connected with an assigned purpose previously made known to you.
We will only process your Personal Data as necessary so that we can pursue the purposes described above and where we have a legal basis for such processing. Where our lawful basis for processing is that such processing is necessary to pursue our legitimate interests, we will only process your Personal Data where we have concluded that our processing does not prejudice you or your privacy in a way that would override our legitimate interest. In exceptional circumstances, we may also be required by law to disclose or otherwise process your Personal Data.
CHANGE OF PURPOSE
We will only use your Personal Data for the purposes for which we collected it as detailed above, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your Personal Data for an unrelated purpose, we will notify you, and we will explain the legal basis which allows us to do so.
DATA SHARING
In certain cases, it is necessary to transmit the processed Personal Data in the course of data processing. In this respect, there are different recipient bodies and categories of recipients.
Internal
If necessary, we transfer your Personal Data within hyble. Access to your Personal Data is only granted to authorised employees who need access to the data due to their job, e.g., to provide our products or services or to contact you in case of queries.
External bodies
Personal Data is transferred to our service providers in the following instances:
in the context of fulfilling our contract with you,
to use marketing services and to advertise our products and services online,
to communicate with you,
to provide our website, and
to state authorities and institutions as far as this is required or necessary.
International transfers
We may transfer your Personal Data to other companies as necessary for the purposes described in this Privacy Policy. In order to provide adequate protection for your Personal Data when it is transferred, we have contractual arrangements including non-disclosure agreements, data processing agreements, and standard contractual clauses regarding such transfers. We take all reasonable technical and organisational measures to protect the Personal Data we transfer.
HOW LONG DO WE KEEP YOUR PERSONAL DATA?
We will delete your Personal Data when we no longer need such Personal Data, for instance, where:
it is no longer necessary for us to retain your Personal Data to fulfil the purposes for which we had collected it;
we believe that your Personal Data that we hold is inaccurate; or
in certain cases where you have informed us that you no longer consent to our processing of your Personal Data.
Sometimes, however, there are legal or regulatory requirements which may require us to retain your Personal Data for a specified period, and in such cases we will retain your Personal Data for such specified period; and we may need to retain your Personal Data for certain longer periods in relation to legal disputes, and in such cases we will retain it for such longer periods to the extent required.
DATA SECURITY
Our website uses SSL or TLS encryption to ensure the security of data processing and to protect the transmission of confidential content, such as contact requests that you send to us. We have also implemented numerous security measures (“technical and organisational measures”) for example encryption or need-to-know access, to ensure the most complete protection of Personal Data processed through our website.
SOCIAL MEDIA
We are present on social media based on our legitimate interest. If you contact or connect with us via social media, we and the relevant social media platform are jointly responsible for the processing of your data and enter into a so-called joint responsibility agreement. The Personal Data collected when you contact us is used to process your request, and the basis for this is both your consent and our legitimate interest.
MARKETING
Insofar as you have given us your consent to process your Personal Data for marketing and advertising purposes, we are entitled to contact you for these purposes via the communication channels you have given your consent to. Our marketing generally takes the form of email but may also include other less traditional or emerging channels. These forms of contact will be managed by us or by our contracted service providers. Every directly addressed marketing sent by us or on our behalf will include a means by which you may unsubscribe or opt out.
LINKED SITES
For your convenience, there may be hyperlinks on our website that link to other websites. We are not responsible for, and this Privacy Policy does not apply to the privacy practices of any linked websites or of any companies that we do not own or control. The website links may collect information in addition to the information we collect.
We do not endorse any of these linked websites, their products, services, or any of the content on their websites. We encourage you to seek and read the Privacy Policy of each linked website that you visit to understand how the information that is collected about you is used and protected.
YOUR RIGHTS AND PRIVILEGES
Privacy rights
You can exercise the following rights under the DPA and GDPR:
The right to access;
The right to rectification;
The right to erasure;
The right to restrict processing;
The right to object to processing;
The right to data portability;
Update your information and withdraw your consent
If you believe that the information we hold about you is inaccurate or request its rectification, deletion, or object to legitimate interest processing, please do so by contacting us.
Access Request
In the event you want to make a Data Subject Access Request, please contact us. We will respond to requests regarding access and correction as soon as reasonably possible. Should we not be able to respond to your request within thirty (30) days, we will tell you why and when we will be able to respond to your request. If we are unable to provide you with any Personal Data or to make a correction requested by you, we will tell you why.
What we do not do
We do not request Personal Data from minors and children;
We do not process special category data without obtaining prior specific consent;
We do not use automated decision-making, including profiling; and
We do not sell your Personal Data.
Who is the competent data protection authority?
The Information Commissioner’s Office (ICO) (www.ico.org.uk). If you believe that the processing of your Personal Data is not lawful, you can lodge a complaint with the ICO or your local data protection supervisory authority. We would, however, appreciate the chance to deal with your concerns before you approach the ICO or any other supervisory authority.
Data Breaches and Notification
Databases or records containing Personal Data may be breached accidentally or through unlawful intrusion. As soon as we become aware of a data breach, we will notify all affected individuals whose Personal Data may have been compromised, and the notification will be accompanied by a description of the measures that will be taken to repair the damage caused by the data breach. Notifications will be sent as soon as possible after the violation is discovered.
USA SPECIFIC PROVISIONS
The following applies to users located in the United States. While we understand and appreciate that privacy and consumer data protection laws differ as they are subject to each state's legislature and that no data protection framework similar to the DPA or GDPR exists on a federal level, we are committed to follow and apply the for your state relevant privacy rules and regulations.
As of the day of drafting, the following states had enacted privacy and consumer data protection laws: California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, and Virginia. Under consideration of the similarities of the above provisions, no conflict should arise pursuing a uniform approach in granting all users in the USA the same rights and privileges as set out above. However, should ambiguity occur, the most stringent provision is chosen to ensure the most comprehensive approach when it comes to protecting your Personal Data.
Further, the following also apply
i) “Shine the Light”
“Shine the Light” law (Civil Code Section 1798.83) requires us to respond to requests from California asking about the business’s practices related to disclosing Personal Data to third parties for the third parties’ direct marketing purposes. You may make a request about our collection and disclosure of your Personal Data using the contact details provided.
ii) COPPA (Children Online Privacy Protection Act)
When it comes to the collection of Personal Data from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online. We do not specifically market to children under the age of 13 years old.
iii) CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations. To be in accordance with CAN SPAM, we agree to the following: If at any time you would like to unsubscribe from receiving future emails, you can email us, and we will promptly remove you from ALL correspondence.
iv) Telephone Consumer Protection Act (TCPA)
If we process your Personal Data for the purpose of sending you SMS marketing communications, you may manage your receipt of marketing and non-transactional communications from us by replying or texting ‘STOP’ if you receive our SMS communications. In this respect, the data processing is carried out solely on the basis of our consent in personalised direct advertising per SMS.
v) Controls For Do-Not-Track Features
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ('DNT') feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage, no uniform technology standard for recognising and implementing DNT signals has been finalised. As such, our website does not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this policy.
vi) Right to complain
Finally, and in regard to the right to complain to a supervisory authority. You have the right to lodge a complaint about our processing of Personal Data with a supervisory authority responsible for data protection. Users based in the above-mentioned States may lodge a complaint with the relevant district attorney or attorney general office. However, we would appreciate the opportunity to address your concerns before you contact any supervisory authority.
CANADA AND MEXICO SPECIFIC PROVISIONS
Both Canada and Mexico have introduced data protection laws that are similar to the GDPR, namely Federal Law for the Protection of Personal Data in the Possession of Private Parties (“LFPDPPP”) supplemented by the Rules of the Federal Law for the Protection of Personal Data in the Possession of Private Parties in Mexico and the Personal Information Protection and Electronic Documents Act (“PIPEDA”) in Canada. Under consideration that the GDPR has played a pivotal role, no conflict should arise pursuing a uniform approach in granting all users in Mexico or Canada the same rights and privileges as set out above. However, should ambiguity occur, the most stringent provision is chosen to ensure the most comprehensive approach when it comes to protecting your Personal Data.
In terms of your right to complain, Canada’s national supervisory authority is the Office of the Privacy Commissioner (www.priv.gc.ca) and the National Institute of Transparency, Access to Information and Personal Data Protection (Instituto Nacional de Transparencia, Acceso a la Información y Protección de Datos Personales) (“INAI”) is the national supervisory authority in Mexico (www.ifai.org.mx).
HELP AND COMPLAINTS
If you have any questions about cookies or about data protection at hyble, you can contact us by email using info@hyble.co with “Data Protection” in the subject line.
CHANGES
The first version of this policy was issued on Wednesday, 30th of October 2024, and is the current version. Any prior versions are invalid, and if we make changes to this policy, we will revise the effective date.
