Lotum GmbH, Am Goldstein 1, 61231 Bad Nauheim, Germany ("Lotum" or
"we") respects and protects your personal data.
Lotum collects, processes or uses personal data exclusively within the applicable
legal framework. Therefore, the high data protection level of the General Data Protection Regulation (GDPR)
Field of application
- We develop games ("Facebook Instant Games") that are available on the
social network Facebook, a platform provided by the Facebook Ireland Ltd., 4 Grand Canal Square, Grand
collection, processing and use of data concerning the Facebook Instant Games.
- Insofar as individual services of Lotum have different privacy policies, these
- The Facebook Instant Games can only be accessed via the Facebook network, which is operated
solely by Facebook, and only if you have registered for the Facebook network and are logged in to your
Facebook account. The processing of data by Facebook when you register your Facebook account and every
Likewise, cookies that Facebook may use for statistical evaluations when you access the Facebook
processing independently and on its own responsibility, without us having any influence on this. For
Data processed when accessing and using the
Facebook Instant Game
- When you first access one of our Facebook Instant Games, Facebook will assign
you one unique ID per Facebook Instant Game (the "Facebook Instant Game ID"), which is linked
to your personal information, and will disclose this ID to us. Facebook also provides us with the first
name you have entered in your Facebook account, your profile picture, the language selected, and the
country you are playing from. Further, Facebook checks which other Facebook users, with whom you are
connected on Facebook (so-called Facebook friends), have already played the respective Facebook Instant
Game and notifies us of the results. Lotum receives and uses the Facebook Instant Game ID and the other
aforementioned data solely to create your player profile in the Facebook Instant Game to the extent
necessary for using the game. Hence, the data processing in this context is carried out for the purpose
of performing the contract with you on the use of the Facebook Instant Game pursuant to Art. 6 (1) (b)
GDPR. We would like to point out that Lotum does not receive any additional personal data from your
Facebook user account. Lotum will not use the data to identify you or to create user profiles for
purposes other than providing the Facebook Instant Games. If you want to have the aforementioned data on
you including the player profile deleted, you can, for example, send an email to firstname.lastname@example.org. In
order to be able to identify the data concerning you for deletion, we need your Facebook Instant Game
ID. Please note that it is not possible to use the Facebook Instant Games without such a player profile.
If you use our Facebook Instant Games again after deletion of your player profile, a new player profile
will be set up for you.
- In order for you to access and play the respective Facebook Instant Game
including all game functions, Lotum collects and processes data on the use of the Facebook Instant Game
(data on game progress such as completed levels, decisions and answers made in the game, jokers and
player aids used, high scores achieved, ongoing and paused game sessions). This data is linked to the
Facebook Instant Game ID and added to your player profile by Lotum. The processing of this data for the
use of the Facebook Instant Game is carried out for performance the contract with you on the use of the
Facebook Instant Game pursuant to Art. 6 (1) (b) GDPR. Lotum does not receive any further personal data
of your Facebook account and is not able to identify you via the Facebook Instant Game ID. Lotum will
not use this data to create user profiles for any other purpose than to provide the Facebook Instant
- Each time you access a Facebook
Instant Game, Facebook automatically logs your gender, age and the country you are located in while
playing. Facebook collects this information as part of the Facebook Analytics function to provide Lotum
with reports and analyses on the general use of the games, based on which Lotum can gain insights for
possible improvements and further developments of the Facebook Instant Games. As Lotum only offers the
Facebook Instant Games in the network operated by Facebook and therefore has no general access to the
Facebook network, Lotum generally does not obtain any information on Facebook user accounts or other
data that would allow conclusions to be drawn about the identity of individual players. The only
exceptions to this are the data mentioned in Sect. 2.1, which Lotum only obtains and uses to create
player profiles. Also, Lotum will not merge the data from Facebook Analytics with other data about
individual players, in particular not with the data mentioned in Sect. 2.1.
At the beginning and during a game, Facebook will also collect information about your
game session, such as the respective Facebook Instant Game, the language used, the beginning and end
game session, how you accessed and started the game, what elements and levels of the game you use,
you successfully completed a level, and, if applicable, the number of other players. Lotum analyses
data and uses the insights from these evaluations to further develop and optimise the design of the
Instant Games. However, Lotum only processes the Facebook Instant Game ID in connection with these
evaluations of the game sessions and does not process any data from the player profiles which could
information about the identity of individual players. It is therefore not possible for us to
analysed data about the game sessions to individual persons. We also do not create profiles of
players from these evaluations of game sessions, nor do we link these evaluations with data from the
Facebook Analytics function.
The data processing in connection with the above analyses of general game use and
game sessions is based on our legitimate interest pursuant to Art. 6 (1) (f) GDPR, which consists in
continuous improvement of our games to ensure the best possible, entertaining gaming experience. For
adjustments based on user experience, we need to know the actual use of the games.
- Furthermore, Facebook uses the aforementioned, recorded information independently and on
its own responsibility for its own, individual purposes and also collects and processes additional data
including information from your Facebook account for these purposes, without us being involved or having
any influence on this. Details of this use of your personal data are explained in the Facebook privacy
policy, which you can view here: https://www.facebook.com/privacy/explanation.
- We would like to point out that data processing by Facebook can also take place outside the EU or the European Economic Area, in particular on Facebook servers located in the United States. This can result in risks for the users, because, for example, the enforcement of the users' rights could become more difficult. In this particular case, Facebook and we guarantee that appropriate protection measures are in place in accordance with Article 44 et seq. GDPR. In particular, Facebook and we have agreed on the standard data protection clauses of the EU Commission as a precautionary measure which provide for appropriate protection measures for the specific case, such as encryption of the data, in accordance with Article 46 (2) lit. c) GDPR. The measures are also continuously developed and supplemented to the extent necessary to ensure an adequate level of data protection throughout.
Facebook Audience Network
- Our Facebook Instant Games implement the so-called Facebook Audience Network, a
service of Facebook for serving advertisements. This service is used by Facebook to display
advertisements in our Facebook Instant Games. When an advertisement is to be displayed in a Facebook
Instant Game or clicked on, Facebook will record notably your interaction with the advertisement, your
IP address and, if applicable, your further usage behaviour after the click on the advertisement.
Facebook processes this information in order to measure the success of the respective advertising and to
provide us with excerpts of the results. However, Facebook only provides Lotum with access to aggregated
data on the results of the advertising feed, which Lotum cannot trace back to individual persons.
Besides, Lotum only receives excerpts of data in the context of the advertisements that cannot be
attributed to individual persons. In particular, Lotum in does not receive and process any IP addresses
or cookies from user devices or other data that allow conclusions to be drawn about the identity of
- Facebook autonomously decides on the specific advertisements that are displayed in each
case and on the processing of your personal data in the context of selecting and playing these
advertisements. Lotum can only exclude certain categories, in particular sensitive categories (such as
depictions of violence, politics, religion) by choosing between default settings. Facebook uses this
information to display the advertisements: which specific Facebook Instant Game you are playing,
information about your usage behaviour in the Facebook social network and your interaction with other
content in the Facebook network, as well as information that you have entered in your Facebook account.
regarding the Facebook Audience Network can be found at https://www.facebook.com/ads/about/?entry_product%3Dad_preferences and
- You will only receive personalised advertising via Facebook Audience Network if you have
consented to this in your Facebook settings. The legal basis is therefore Art. 6 (1) (a) GDPR. Of
course, you can withdraw your consent at any time for the future by changing your Facebook settings
under the following link: https://www.facebook.com/ads/preferences.
Please note that we can only provide the Facebook Instant Games free-of-charge with
advertise funding. This means that even if you do not consent to receive personalised advertising, you
will still see ads in Facebook Instant Games, but they will not be personalised, i.e., they will not be
tailored to your personal interests. We have a legitimate interest in displaying advertisements in our
Facebook Instant Games in order to generate revenue and thereby offer our games to you for free. There
is also no indication apparent that your interest in not receiving advertising through Facebook Audience
Network is prevailing when you voluntarily play our Facebook Instant Games for free. The associated data
processing is therefore justified in accordance with Art. 6 (1) (f) GDPR.
- The data processed within the Facebook Audience Network can be transferred to Facebook servers, which are also located in the United States. We have concluded the standard data protection clauses adopted by the EU Commission with Facebook for transferring data by the Facebook Audience Network, having included the implementation of appropriate protective measures. Facebook and we also regularly review the need for possible additions and, if necessary, the implementation of additional appropriate protection measures within the meaning of Article 44 et seq. GDPR, to the extent as this is necessary to continuously grant a suitable level of data protection.
Error analysis with Sentry Analytics
- In order to detect and correct technical errors, we use the service Sentry Analytics provided by Functional Software, Inc. dba Sentry, 132 Hawthorne Street, San Francisco, CA 94107 ("Sentry"). For this purpose, during the play session of a Facebook Instant Game, technical details regarding the use of the game and any in-game actions will be stored locally on your device. In the event of an error, these technical details, insofar they are relevant based on the time at which the error occurred, as well as your IP address will be transmitted to Sentry and processed by Sentry along with the following data: Information regarding the hardware and operating system of your device, the name and version of the Facebook Instant Game used, a hash of the Facebook Instant Game ID as well as the date, time, details of the error that occurred and game-related data connected to the error. At no time will personal data from your player profile, such as your username and Facebook Instant Game ID, be forwarded to Sentry in clear text. Hence, neither Sentry nor we will be able to identify you based on the data transmitted to and processed by Sentry. Sentry will not profile you at any time. Based on the aforementioned information, Sentry, on behalf of Lotum, merely provides reports and evaluations of apparent errors, including the circumstances of the error's occurrence which may therefore provide insight on possible causes for the error. In this context, the above-mentioned information will also be transmitted to and stored on a Sentry server in the USA. However, Sentry will not merge the data transmitted as part of the Sentry service with any other data and the data will only be used to analyse and correct the technical error. The data collected will be stored by the Sentry service for a maximum of 90 days and deleted afterwards.
- For further information and the applicable privacy policies of Sentry please visit https://sentry.io/terms/ and https://sentry.io/privacy/.
- We use the Sentry service to resolve any errors in our Facebook Instant Games and difficulties in using them as swiftly and thoroughly as possible, and thus to further develop our services continuously for ensuring a smooth user experience. The basis for using the Sentry service is our legitimate interest, as described above, in accordance with Art. 6 (1) (f) GDPR. Your legitimate interests are taken into account by removing any personal reference after a transmission of the technical data from your end device, but before its analysis. If you still do not want your data to be collected by the Sentry service in case of a possible error analysis, we must ask you to refrain from playing the free Facebook Instant Games.
- We would like to point out that Sentry may also process data outside the EU or the European Economic Area, in particular on servers located in the USA. This may result in risks for Users, for example because it may make it more difficult to enforce Users' rights. We take these risks into account by taking appropriate protective measures in accordance with Art. 44 et seq. GDPR in particular by agreeing on the standard data protection clauses of the EU Commission with Sentry, which provide for appropriate protective measures such as encryption of data in individual cases. If data is transferred to Sentry in the USA, this is based on Art. 46 (2) (c) GDPR.
Storage period and erasure of data
- We process your personal data as long as it is necessary to achieve the purposes
of the processing, or is prescribed by a legal obligation to store the data. Subsequently, the data is
deleted in accordance with statutory laws.
- Data that we store for legal reasons, however, is stored for as long as this is
required by law. After expiry of a statutory retention period, the data will be deleted without undue
delay, unless there are other reasons within the meaning of Art. 17 (3) GDPR opposing the
Lotum has taken appropriate technical and organisational measures to protect personal
data against accidental loss, damage, unauthorised access or unauthorised changes. In particular,
transmit data only in encrypted form. However, Lotum points out that privacy and data security
guaranteed for transmissions outside Lotum's sphere of influence.
Transmission to Third Parties
- Personal data will only be passed on to third parties - unless otherwise set out
provision of Lotum's services or for contract execution with the user (e.g. for the technical
provision of the offer, see Sect. 7.2). Accordingly, the data are transmitted to such service providers
(such as technical service providers) in our legitimate interests pursuant to Art. 6 (1) (f) GDPR,
namely to provide access to our Facebook Instant Games. Of course, before passing on the user's
personal data, Lotum ensures that the relevant service provider has taken appropriate technical and
organizational measures to ensure the security of the data.
- We store the data collected by us in the context of access and use of the
Facebook Instant Games (i.e. data of the player profile including Facebook Instant Game ID, first name,
profile picture, language, country, friends who also play the game, and data on the use of the game such
as game progress and completed levels, used jokers and player aids and achieved high scores) via third
party services. We use the Amazon AWS service, provided by Amazon Web Services EMEA SARL, 38 avenue John
F. Kennedy, L-1855, Luxembourg ("Amazon"), and the Google Cloud and Google Firebase services,
both provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland
("Google"). These services also record the IP address of your device when you use the Facebook
Instant Games and store it for a maximum of 30 days. However, Lotum does not receive the IP addresses
directly and only exceptionally obtains insight into IP addresses recorded by these services and only if
a valid legal basis exists, in particular if this is necessary to protect the legitimate interests of
Lotum. Amazon and Google also transfer the collected data to their servers in the United States. We use
these services to provide the aforementioned data for playing the Facebook Instant Games efficiently and
with the lowest possible susceptibility to errors, thus ensuring the smooth use of the game functions.
The legal basis for the associated data processing is Art. 6 (1) (f) GDPR, whereby our legitimate
interest is an optimal, technically flawless provision of the Facebook Instant Games. We have concluded the standard data protection clauses adopted by the EU Commission with Google and Amazon to safeguard the transfer of data to the USA. We have also concluded a data processing agreement with Google and Amazon. The forwarding of personal data to Google and Amazon in connection with the aforementioned services is therefore based on Article 46 (2) lit. c) and 28 GDPR.
- Otherwise, Lotum will not pass on the user's personal data to third parties
unless the user has expressly consented to the transfer (Art. 6 (1) (a) GDPR), or Lotum is entitled or
obliged to do so by legal provisions or court orders. In the latter case, the transmission is carried
out by Lotum to fulfil a legal obligation pursuant to Art. 6 (1) (c) GDPR.
The user has the right to object at any time to data processing based on Art. 6 (1)
(e) or (f) GDPR for reasons arising from his particular situation, unless Lotum can prove compelling
worthy of protection, which outweigh the interests of the user, or the processing serves to assert,
or defend legal claims. The user can object to data processing for the purpose of direct advertising
time without special reasons being required.
The user has the right to obtain free of charge from Lotum the personal data stored
by Lotum concerning him or her, the processing purposes, their origin, which transfer to which
categories of recipients took place, the storage period and the rights of the data subjects
correction, deletion and/or restriction of data processing
Furthermore, the user has the right to request at any time the correction of
incorrect data, the deletion and/or restriction of the processing of personal data stored about him
insofar as there is no legal obligation for Lotum to keep records or other reasons in the sense of
(3) GDPR which prevent deletion. Insofar as this includes personal data that is necessary for the
of services to the user, the deletion or restriction of the processing of this data can only take
the user no longer uses Lotum's services.
If the user provides data relating to him or her and Lotum processes such data on the
basis of the user's consent or in order to fulfil the contract, the user may request that he/she
receives such data in a structured, current and machine-readable format from Lotum or that Lotum
such data to another controller, insofar as this is technically possible (so-called right to data
Any consent given by the user to the use of personal data can be freely revoked by
the user at any time with effect for the future.
complain to a supervisory authority
The user may also lodge a complaint with a supervisory authority against data
processing which he or she considers to be in breach of the statutory provisions.
always comply with the legal requirements of data protection. Therefore, Lotum recommends that users
of data, for example via in-game notification or so-called push notifications in your browser, if you allow
such push notifications.
Bad Nauheim, 26 January 2021
Lotum GmbH, Am Goldstein 1, 61231 Bad Nauheim, Germany
Data Protection Officer of Lotum GmbH: Susanne Klein, c/o Beiten Burkhardt Services GmbH, Ganghoferstraße
33, 80339 München, Germany, email@example.com