Terms and Privacy Policy

9. Notice to EEA Residents

9.1 General Description
For purposes of this Privacy Notice we define the EEA to include any EU member state, the European Economic Area (“EEA”), the United Kingdom, or Switzerland. EEA Residents includes any data subject located in the EEA at the time of personal data collection. EEA Residents have certain rights concerning the processing of their personal data under the GDPR.
This portion of our Privacy Notice advises EEA Residents of the applicable GDPR rights (often called “data subject rights”), and how to effectuate these rights by communicating with us.
If you are not an EEA Resident, this section of the Privacy Notice does not apply to you.

9.2 Legal Basis for Processing Personal Data
Torn Banner Studios has a legitimate interest in providing its users with a state of the art gaming experience and to allow users to participate on our forums & blogs, enter contests, complete surveys and other voluntary pursuits at the specific direction and choice of the user, without risk of fraudulent activity and with a minimum of service interruptions caused by bugs or other system failures. In providing our website, games and other services to our users we aim to collect the minimum amount of personal data necessary to achieve these goals.
The lawful basis for processing an EEA Resident’s personal data is the legitimate interests grounds described under Article 6(f) of the GDPR.

9.3 Right of Access
EEA Residents have the right to obtain from Torn Banner Studios the confirmation as to whether or not personal data concerning him or her are being processed. EEA residents may request access to the following information:
the purposes of the processing;
the categories of personal data concerned;
the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations;
where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing discussed in sections 9.4 through 9.6 of this Privacy Notice;
the existence of the right to lodge a complaint with a supervisory authority;
where the personal data are not collected from the data subject, any available information as to their source;
the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
information as to whether the personal data of an EEA resident is transferred to a third country or to an international organization and where this is the case, the EEA resident shall have the right to be informed of the appropriate safeguards relating to the transfer.

This Privacy Notice advises you as to the details of the personal data Torn Banner Studios is processing. If you need additional confirmation concerning the personal data Torn Banner Studios is processing you may request confirmation by sending an email to [email protected] with Right of Access in the subject line. The right to access is described under Article 15 of the GDPR.

9.4 Right to Rectification
EEA Residents have the right to request that Torn Banner Studios correct or “rectify” any inaccurate personal data concerning him or her. If an EEA Resident believes Torn Banner Studios has inaccurate or incomplete personal data, he or she may request rectification by sending an email to [email protected] with Right To Rectification in the subject line. Torn Banner Studios will ensure any inaccurate or incomplete data is corrected within thirty (30) days of receiving your email request. The right to rectification is described under Article 16 of the GDPR.

9.5 Right to Erasure (Right to be Forgotten)
EEA Residents have the right to request that Torn Banner Studios delete personal data concerning him or her without undue delay. Torn Banner Studios will erase personal data under the following circumstances:
The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
The EEA Resident objects to the processing pursuant to Article 21(1) of the GDPR described below, and there are no overriding legitimate grounds for the processing, or the EEA Resident objects to processing personal data for direct marketing purposes which the EEA Resident can terminate by following the instruction described here.
The personal data have been unlawfully processed.
The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.

If one of the aforementioned circumstances applies, and an EEA Resident wishes to request the erasure of personal data stored by Torn Banner Studios, he or she may request erasure/deletion by sending an email to [email protected] with Right To Be Forgotten in the subject line. Torn Banner Studios will comply with the erasure/deletion request within thirty (30) days of receiving your email request. The right to erasure is described under Article 17 of the GDPR.

9.6 Right of Restriction of Processing
EEA Residents have the right to restrict Torn Banner Studios’ processing of personal data if one of the following circumstances applies:
the accuracy of the personal data is contested by EEA Resident, for a period enabling the controller to verify the accuracy of the personal data;
the processing is unlawful and the EEA Resident opposes the erasure of the personal data and requests the restriction of their use instead;
Torn Banner Studios no longer needs the personal data for the purposes of the processing, but the EEA Resident needs the personal data for the establishment, exercise or defense of legal claims;
the EEA Resident has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

Where processing has been restricted because the accuracy of the personal data is contested by the EEA Resident, such personal data shall, with the exception of storage, only be processed with the data subject’s consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.

Torn Banner Studios will inform any EEA resident who has obtained restriction of processing because the accuracy of the personal data is contested by the EEA resident before the restriction of processing is lifted.

The right to restriction of processing is described under Article 18 of the GDPR.

9.7 Right to Object
EEA Residents have the right to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on Torn Banner Studios’s legitimate interest grounds for lawful data processing under Article 6(1)(f) of the GDPR and described throughout section 2 of this Privacy Notice. If you are an EEA Resident and object to the processing of your personal data, please notify us by sending an email to [email protected] with Right to Object to Processing in the subject line and Torn Banner Studios will no longer process the personal data if we cannot demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the establishment, exercise or defense of legal claims. The right to object is described under Article 21 of the GDPR.

9.8 Right to Data Portability
The right to data portability is available when the data processing activity is based on consent under Article 6(1)(a) or Article 9(2)(a) or when the data processing is necessary for the performance of a contract under Article 6(1)(b). There are not any data processing activities that occur based on any of these circumstances, so EEA Residents have no right to data portability when accessing or using any of our games, websites or other services. The right to data portability is described under Article 20 of the GDPR.

9.9 Right to Lodge a Complaint with a Supervisory Authority
If you believe that Torn Banner Studios processing of personal data infringes the GDPR, please contact us by sending an email to: [email protected] with the subject line: EEA Privacy Concern so that we can address your concerns. As described in Section 5, EEA Residents are entitled to lodge a complaint via JAMS at https://www.jamsadr.com/contact or by visiting the website at https://www.jamsadr.com/eu-us-privacy-shield. In addition, as an EEA Resident you have the right to lodge a complaint with the relevant data protection authority where you live or work, or in the place where the alleged breach of data protection law has taken place if you believe our processing of personal data infringes the GDPR. The right to lodge a complaint is described under Article 77 of the GDPR.