Last updated 2 October 2024

1. Background
   1. Brink Gaming AG, CHE-152.210.781, c/o Centralis Switzerland GmbH, Bahnhofstrasse 10, 6300 Zug, Switzerland (“Brink”, “we”, “our”, “us”), operates the top domains CreateYourScape and ScapeNexus, currently available via https://createyourscape.com and https://scapenexus.com/, including any subdomain currently operated and/or introduced from time to time (the “Websites”). We may from time to time make certain services available to you on or via our Websites (the “Services”).
   2. Brink is the data controller with respect to the processing of personal data on the Websites and through the use of the Services. We have in this Privacy Policy described how we collect, use, share, erase or in other aspects process your personal data through your use of the Websites and Services, and how you may assert your rights under applicable data protection legislation.
   3. We recommend that you from time to time visit our Websites to read the most recent version of this Privacy Policy. The date at the top of this page will be updated should we update the content of this Privacy Policy.
2. Collection and Categories of Personal Data

   We will generally collect your personal data directly from yourself. Where necessary, however, we may collect your personal data from a third party or via publicly accessible sources. We may collect the following categories of personal data from you:

   • Name and contact information, such as your name and email address.
   • Your social media profile, such as your name, profile picture and anything else you have made publicly available in your profile from which you have contacted us on social media.
   • Your social media profile and activity and account settings via third-party login.
   • Your crypto wallet address and publicly available wallet holdings on the blockchain.
   • Other information provided in free text fields, such as the content of any communication you choose to send to us.
   • Usage information, technical information and statistics, such as information about how you interact with our Websites; technical information about the device, hardware and/or software that you use to access our Websites, such as device identifiers, browsers, operating systems; and the general location of your device.
3. Purpose and Legal Grounds

   We may process your personal data for different purposes, on the basis of different legal grounds and store your personal data for different periods of time, depending on the processing, and in each case subject to applicable data protection legislation. These purposes and legal grounds primarily include the following activities:

   • Consent: We will process your name (if you choose to provide your name) and contact information when you request to receive direct marketing communications from us, such as opting-in to our newsletter. Your name and contact information will be shared with Mailchimp (The Rocket Science Group LLC) and Ringtail Interactive AB for the purpose of newsletter management. Mailchimp may process your personal data in accordance with the Mailchimp privacy policy. You have the right to withdraw your consent at any time by sending an email to [email protected] or clicking on “unsubscribe” in any newsletter that you receive. Please note that if you withdraw your consent, this will not affect the legality of the processing that we have undertaken prior to you withdrawing your consent.
   • Performance of contract: We further process your social media profile when you elect to login via social media to access our Services for the purpose of authenticating you, and your personal account that you register with us if you have requested to access Scape for the purpose of providing Scape to you. We process your contact information and communication you choose to send to us in free text fields with respect to a support request, question, feedback submission or other content related to a Service you have purchased or requested. We process your crypto wallet address and publicly available wallet holdings on the blockchain when you choose to connect your wallet on our Websites for the purpose of providing certain Services that you have requested. We may very briefly process personal data in any communication you choose to send within Scape (which will automatically be deleted as soon as the communication disappears on screen).
   • Legitimate interests: We process your name and contact information and any other information provided in free text fields to process your general requests and inquiries, whether by email, social media, or other channel. We process your crypto wallet address and publicly available wallet holdings on the blockchain when you choose to connect your wallet on our Websites for the purpose of assessing your eligibility against our eligibility criteria for certain Services. We will also process usage information, technical information and statistics to better understand our visitors and their preferences (without the use of cookies). The processing is necessary to fulfil our legitimate interest in conducting our business, providing our Services, responding to your inquiry, providing technical support in connection with our Services, and to improve our Websites and Services, which we have determined overweighs your interest not to have your personal data processed for these purposes.
   • Legal obligations: We may process personal data as necessary to comply with a legal obligation, for example to provide information to public authorities where we are required to do so by law.
4. Sharing of Your Personal Data
   1. We may need to share your personal data with a public authority for the purpose of complying with applicable law, in which case the legal ground is to comply with a legal obligation.
   2. In order to operate and make our Websites available to you, we may need to share your personal data with certain selected suppliers, partners and contractors. Such suppliers, partners and contractors could be consultants or providers of legal, auditing, accounting, technical and IT support/functionalities, and storage providers. They will only process your personal data based on our instructions to them, and we will always ensure that the necessary agreements (for example a so-called data processing agreement) are in place to protect your personal data at all times. The legal ground is our legitimate interest in conducting our business by accessing these services and functionalities, which we have determined overweighs your interest not to have your personal data processed for this purpose.
   3. We may further need to share your personal data with potential investors and/or buyers (including their hired experts) for the purpose of raising capital or selling Brink (or all or parts of the Brink’s assets), or if we are otherwise subject to a merger with another company, in which case the legal ground is our legitimate interest to complete such transactions, which we have determined overweighs your interest not to have your personal data processed for this particular purpose.
   4. Please note that when you re-direct to third parties via our Websites, such as social media or wallet connect service providers, such third parties will be the data controllers responsible for the processing of your personal data that is undertaken thereafter; please read their respective privacy policies for more information.
5. Transfers and Storage Period
   1. Your personal data will generally be processed within Switzerland and the EU/EEA but may vary depending on the suppliers and contractors we engage from time to time. We will retain your personal data for as long as it is necessary in order for us to fulfil the purpose for which we collected your personal data unless we are permitted or required to retain it for a longer period pursuant to applicable law.
   2. If you live in the EU/EEA, and any personal data would be processed outside of the EU/EEA, we will always ensure that a proper transfer mechanism is relied on so that your personal data is safeguarded at all times, as if they were processed within the EU/EEA.
6. Security

   We have reasonable and appropriate technical and organisational measures in place in our business to ensure that your personal data is at all times safeguarded and protected against loss, destruction, misuse, and unauthorised access and disclosure. Our employees work under strict confidentiality and follow clear instructions on how to manage your personal data in accordance with applicable data protection legislation and our own policies. We only grant employees access your personal data when it is necessary in order for them to perform their duties. We continuously evaluate our security measures to remedy any vulnerabilities we may identify in an effort to make sure that your personal data is safe with us.

7. Cookies

   We may use cookies and other similar technologies on our Websites. You can read more about the different cookies that we use on our Websites in our Cookie Policy (if any). You will always be afforded the opportunity to consent to the use of any non-strictly necessary cookies. Please note that cookies may also be used by third parties if and when you are directed to a third-party website.

8. Your Rights and How You Can Exercise Them

   1. You have rights with regard to your personal data. Please read the following sections to understand them, as well as how you can exercise them. You are always welcome to contact us if you need more information about your rights.

      • Right to information: You have the right to be informed about how we process your personal data. We respect this right by being transparent with you in this Privacy Policy.
      • Right of access: You have the right to obtain access to the personal data we process about you by requesting a copy showing which data we have about you, and how we use it.
      • Right to rectification: You have the right to request that we correct inaccurate information about you, as well as to complete any incomplete information.
      • Right to erasure: You sometimes have the right to request the erasure of personal data that concerns you. We are required to erase the personal data in question, for example if the personal data is no longer necessary in relation to the purposes for which the personal data was initially collected. Please note that we are not obliged to delete your personal data if it is necessary to retain it to comply with legal obligations, or for the establishment, exercise or defence of legal claims.
      • Right to restriction: You have the right to request that we restrict our processing of your personal if you for example believe that the information we have about you are inaccurate, our processing is unlawful, or we no longer need the information for the purposes they were collected.
      • Right to object: You have the right to object to our processing of your personal data if our processing is based on a legitimate interest.
      • Right to data portability: You have the right to request a copy of the personal data in a machine-readable format that concerns you and which we process to perform a contract or based on your consent.
      • Right to withdraw your consent: You have the right to withdraw your consent to a certain processing activity which we undertake on the basis of your consent.
      • Right to lodge a complaint: If you have any complaints about the way in which we process your personal data, you are always welcome to reach out to us. You also have the right to lodge a complaint to a supervisory authority (if such exists in your country of residence).

   2. You can also read more about your rights on the applicable data protection supervisory authority in your country of residence. You can find the contact information of your data protection authority at the below links:

      • EU/EEA: https://edpb.europa.eu/about-edpb/board/members_en
      • Switzerland: https://www.edoeb.admin.ch/edoeb/en/home/deredoeb/kontakt.html
      • UK: https://ico.org.uk/global/contact-us/
9. Updates and Contact Information

   Brink reserves the right to introduce updates and make amendments to this Privacy Policy from time to time by updating the “Last Updated” date at the top. This is necessary to ensure that we always provide you with correct and up to date information about how we process your personal data. If you have any questions about the way in which we process your personal data, or about this Privacy Policy, please contact us at [email protected].