Privacy Policy

1. CONTROLLER

The controller of this website and your personal information, i.e. the company registered in the Slovenian court / business register under the name TRITERNION programska oprema d.o.o., with its registered business address at Verovškova ulica 55, 1000 Ljubljana, Republic of Slovenia, and its tax number SI 17326320 (hereinafter as “MORDHAU”, “we”, “us”, “our” or “controller”) is aware of the importance of privacy, which is why we are committed to protect the confidentiality of our customers’ personal data.

We hereby guarantee that any personal data is collected, processed, protected and stored in compliance with the REGULATION (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter as: “GDPR”) and other applicable legislation. Personal data shall be used solely for the purposes for which they have been submitted in compliance with your consent or on the basis of our mutual contractual interest. Should we collect and use your Personal Data for any other purposes than those for which you have submitted them to us, we will contact you in order to obtain your prior consent.

Please carefully review this Privacy Policy prior to using our website or services, since this Privacy Policy determines on how we - as the data controller - collect, use, and protect any personal data you provide us with via ordering our products, using our services or via our websites under the domain mordhau.com. Essentially, please note that we merely process your personal data for better user experience of our website, our own marketing purposes, payment and shipment purposes and / or to comply with the applicable statutory obligations. In the following text we describe our data collection and data usage. 

Additionally, please note that by clicking ✓ (“I agree”) and using this site, you also consent to the fact to be bound by this Privacy Policy and its provisions. If this is not the case, please stop using our services.

This Privacy Policy includes the information regarding which data we collect, process or store, the legal grounds for it and for what purpose, the protection rights and options you have and which technologies and data we use to personalize and coordinate our services in order to offer you a better shopping, advertising and user experience.

If any question arise with regard to this Privacy Policy or with respect to data protection or processing in general or any requests to exercise your legal rights, please feel free to contact us at any time via e-mail [email protected] or via regular post, which is to be sent to our business address TRITERNION programska oprema d.o.o., Verovškova ulica 55, 1000 Ljubljana, Republic of Slovenia (EU).

We shall strive to respond to all legitimate questions and requests within one-month period. Please note that it may take us longer than a month if your questions and requests are particularly complex or many questions or requests have been raised. In this case, we will notify you of possible prolongation and keep you updated with regard to the process of any ongoing requests.

2. PERSONAL DATA

“Personal data” mean any information that may relate to an identified or identifiable living individual (e.g. name and surname; postal address; email address such as [email protected] (but not an email address such as [email protected]); location data; the Internet Protocol (IP) address; etc.) More information to this regard are available at: https://ec.europa.eu/info/law/law-topic/data-protection/reform/what-personal-data_en

3. LEGAL GROUNDS FOR PROCESSING

We will process your personal information according to GDPR principles, foremost lawfully, fairly and in a transparent manner. We shall merely collect and process your data upon your interaction with us, i.e. when ordering our products or services, or upon your explicit consent (which must be provided separately and individually for each event or occasion) for the following occasions: communication involvement in public forums, participation regarding a prize winning game, a game of contest and similar promotional events.

Which of the foresaid legal grounds shall be relevant for data processing depends on the services you wish to use them and whether there is an obligatory disclosure of the personal data in order for us to adequately fulfil your requirements. Please note that we process your personal information, merely under the condition that we have legal basis to do so. In general that means that we collect and use personal information, merely:

• If it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract (for example, when you purchase MORDHAU products, we may collect personal information from you, such as your (sur)name, address, delivery address, payment card details and telephone number in case if the delivery service may not find the delivery address. Such information may be used to supply you with products, to recover debt, to help us to prevent fraud, and keep records about your purchases if and as obligatory by law).
• For a legitimate interest (which is not overridden by your data protection interests), such as for research and development, to market and promote our services, and to protect our legal rights and interests.
• If you provide us with your consent for processing your data for a specific purpose (for example, you might agree that we are sending you our newsletter or participate in a prize game); or
• If we need to process your data to comply with a legal obligation.

We don’t keep personal information for longer than it is necessary. While we retain this information, we will protect it within commercially acceptable means to prevent loss and theft, as well as unauthorised access, disclosure, copying, use or modification. In general, no method of electronic transmission or storage is 100% secure, hence please note that we cannot guarantee absolute data security. If necessary, we may retain your personal information for our compliance with a legal obligation (e.g. bookkeeping reasons) or in order to protect your vital interests or the vital interests of another natural person.

4. COLLECTION AND PROCESSING OF PERSONAL DATA

For the avoidance of doubt, by clicking ✓ (“I agree”) and using our site you hereby explicitly and expressly CONFIRM THAT YOU ARE ACQUAINTED, ALLOW and AGREE that we may collect and process personal data as set out in the table below for the purpose and legal basis determined therein:

PERSONAL DATA TABLE

5. OTHER PERSONAL DATA

Further to the previous point please note that if you provide us with your consent regarding our Cookie Policy, we may use necessary and optional cookies, pixel tags, web beacons, and other tracking technologies to collect information about user preference and behavior when a user interacts with us. We use cookies to personalize content and ads, to provide social media features and to analyze our traffic. We also share information about your use of our site with our social media, advertising and analytics partners who may combine it with other information that you’ve provided to them or that they’ve collected from your use of their services.

Please note that most web browsers are set to accept cookies by default. You are free to decline most of our cookies if your browser or browser add-on permits but choosing to remove or disable our cookies may interfere with your use and functionality of our services. Additionally, we may use certain persistent cookies that are not affected by your browser settings but will use such cookies solely for identity verification and fraud prevention purposes. For more information about cookies and how to block, delete or disable them, please read our cookie policy, visit http://www.allaboutcookies.org; refer to your browser instructions, or contact us.

We also automatically log data about your computer or device. We collect, store, and use data about every access of our online offer (i.e. server log files, internet protocol (IP) addresses, device type, version, operating system) and settings for the most suitable delivery of features, date or time of the access on the page visited, the volume of transferred data, access status report (HTTP response code, file transfer, file not found, etc.), the referrer URL (i.e. the previously visited page), the IP address, and the enquiring provider. We use this log data, without associating it with any person and without any other kind of profile creation, to ensure the functionality, for statistical analyses and for improving operational purposes, the security and optimization of our online offer, but also for anonymously logging the number of visitors to our website (statistics of traffic). This is our legitimate interest pursuant to Art. 6 para. 1 of the GDPR, whilst the information allows us to ensure server security, provide you with the most appropriate language on the basis of your geolocation status, analyse data traffic, find and fix bugs, and improve our services. 

Notwithstanding the above, we reserve the right to check log data after and if there is a justified suspicion of illegal use, based on concrete evidence. We store IP addresses in the log files for a limited period if this serves security purposes (e.g. when you are using one of our offers) or in the event that a concrete suspicion of a criminal offence in connection with the use of our website, occurs.

6. GOOGLE ANALYTICS

By using our website you also agree to our use of Google Analytics, a web analysis service provided by Google Inc. (“Google”). Google Analytics uses “cookies”. The use includes the Universal Analytics operating mode. This makes it possible to assign data, sessions and interactions across multiple devices to a pseudonymous user ID, thus analysing the activities of a user across devices. 

Information created by a cookie about the visitor’s use of this website is generally sent to and stored on Google’s servers located in Ireland. If you are located in the European Union or in a signatory country of the Agreement on the European Economic Area, it is possible to use IP anonymization on this web page to shorten your IP address before transmission. IP anonymization is activated on this website. Google may use this information on our behalf to evaluate your use of the website, compile reports on website activity, and provide us with other website and Internet-related services. Google does not associate the IP address transmitted by your browser with other data within the scope of Google Analytics. You can change your browser setting to prevent the storage of cookies. However, doing so may also prevent you from using some or all features provided by this website. You can prevent Google from collecting and processing data generated by the cookie and data related to your use of this website (incl. your IP address) by downloading and installing the browser plugin available from the following link: http://tools.google.com/dlpage/gaoptout?hl=de.

7. PERSONAL DATA PUBLISHED AS PUBLIC INFORMATION

For all public information, including but not limited to user-generated content in chats, blogs, forums, message boards, social media platforms, etc., you have an absolute discretionary right to decide whether or not to post personal information about yourself. Information that you provide in this form is public information and you cannot expect privacy or confidentiality in that regard. You should also be aware that personal data may be reviewed, collected or used by other users of these forums, and may also disturb you with unsolicited messages. 

We may not be held accountable in any of the hereinabove regard.

8. YOUR RIGHTS UNDER DATA PROTECTION LAWS

Please note that under data protection laws we shall enable you the execution of all the rights in relation to your Personal Data, including but not limited to rights to:

• Request access - enables you to receive a copy of the Personal Data we hold about you. If you require this, then please contact us.
• Request correction of processing - enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us. If you require this, then please contact us.
• Object to processing - situations where we are relying on a legitimate interest and not your consent and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your Personal Data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which supersede your rights. In other cases, MORDHAU could be under certain compliance obligations to process and retain certain data according to the applicable law. Please note that such requirements supersede any right to objection requests under applicable data protection laws. If you object to the processing of certain data, then we may not be able to provide the MORDHAU services to the full extent.
• Request restriction of processing - enables you to ask us to suspend the processing of your Personal Data i) if you want us to establish the data's accuracy; ii) where our use of the data is unlawful, but you do not want us to erase it; iii) where you need us to hold the data even if we no longer require it, but you need the data to establish, exercise or defend legal claims; or iv) you have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it. Please note that any requests in relation to the restriction of the processing of your data means that we may not be able to perform the MORDHAU services to the full extent and or we may reserve the right to terminate our relationship (please note that we will notify you if this is the case at the time).
• Request erasure - enables you to ask us to delete or remove Personal Data where there is no good reason for us continuing to process it (you may also waive your right to claim compensation for damages against MORDHAU for such purpose). You also have the right to ask us to delete or remove your Personal Data, where you have successfully exercised your right to object to processing, where we may have processed your information unlawfully or where we are required to erase your Personal Data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request. Statutory retention requirements supersede any contractual right to erasure requests under applicable data protection laws.
• Request the transfer of your Personal Data to you or to a third party. We will provide to you, your Personal Data in a structured, commonly used, machine-readable format, which you can then transfer to an applicable third party. If you require this then please contact us.
• Revoke consent at any time where we have been relying on consent to process your Personal Data. However, this will not affect the lawfulness of any processing carried out before you withdrew your consent. If you withdraw your consent, we may not be able to provide the MORDHAU’s services to you and we reserve the right to terminate our relationship. In the event that MORDHAU shall be obligated to process and store relevant Personal Data for certain period of time, in order to comply with regulator’s order or legislation (e.g. prevention of money laundering, terrorist financing, fraud), we may still process and store your data, regardless of your withdrawal of consent (revoking consent shall also include any request to unsubscribe from our e-mail database or opt-out of other notifications or communications (including newsletter or marketing communications), whereby in order to do so please contact us or opt-out using the opt-out facilities provided in the e-mail);
• Lodge an appeal at any time to the authorized Data Protection Officer. We would, however, appreciate the opportunity to deal with your concerns before you approach the data protection officer, hence please contact us in the first instance;
• You shall not be subjected to an automated individual decision-making, including profiling decisions based exclusively on automated processing.

9. DISCLOSURE OF PERSONAL INFORMATION TO THIRD PARTY PROCESSORS

All information you provide to us is stored on our secure servers, encrypted at rest. Any payment transactions carried out by us or our chosen third-party provider of payment processing services will be encrypted in transit. Where we have provided you with (or where you have chosen) a password that enables you to access certain parts of our App and / or our Website, you are solely responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your Personal Data, we cannot guarantee the security of your data transmitted to our website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.

All the processing and storage of your personal data takes place within the European Union (with an exemption of Threadless.com services, described below). As a general rule, we do not share your data with any third-party or processor with which we have not concluded a contract under Article 28 of GDPR if such contract is necessary and the third party is not already bound to the same obligations pursuant to statutory stipulations or other lawful regulations, for example:

• third party service providers on servers located within the European Economic Area (EEA), which means that data may be processed on behalf of MORDHAU (e.g. DigitalOcean (more at: https://www.digitalocean.com/legal/privacy-policy), Heroku (more at: https://www.heroku.com/policy/security), Amazon Web Service (more at: https://aws.amazon.com/security/);
• Accountants, banking and financial services partners, attorneys at law, maintenance or problem-solving technicians, marketing or advertising agencies, professional advisors and payment systems operators.

Please note that if we are to use advertisers and analytics providers, we shall utilize anonymized Personal data in order to serve relevant adverts to target segments and we will never disclose identifiable information to such advertisers and analytics providers.

We also retain the right to share your personal data in order to (i) satisfy any applicable law, regulation, legal process, or governmental request; (ii) enforce this Privacy Policy and our Terms of Service, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security, or technical issues; (iv) respond to your requests; or (v) protect our rights, property or safety, our users and the public. This includes exchanging information with other companies and organizations for fraud protection and spam/malware prevention.

10. STORE - THREADLESS.COM AND HUMBLE BUNDLE

Notwithstanding the provisions hereinabove, please note that the MORDHAU store is hosted on Threadless.com (SkinnyCorp LLC) and / or Humble Bundle Inc. Both provide us with the online e-commerce platforms which allow us to sell our products to you. If you choose to interact with any of them, they will collect personal data about you, such as your contact details, shipment address and credit card information. 

Each entity is a sole data controller, therefore please refer to these respective stores and their privacy policies to find out more about how each store process data about you. Please read:

• Humble Bundle's Privacy Policy for more details on how they use your information at https://www.humblebundle.com/privacy. 
• Threadless.com’s privacy policy for more details on how they use your information at https://www.threadless.com/info/privacy/.

11. INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION

Any data transfer to bodies or individuals located in non-EU countries, with the exception of those mentioned in clause 10 of this Privacy Policy (Threadless.com), does not occur and is not planned in the future.

12. STORAGE PERIOD

MORDHAU undertakes to hold, store and use the collected data only until the purpose, for which individual data were obtained and used further, has been achieved. After the retention of the data period has expired, your personal data will be either efficiently and permanently erased or anonymized.

We will retain your information with regard to Steam or Kickstarter or Gumroad account as long as the account is active or as necessary to provide you with the already paid for services. We will also retain and use this information as necessary for the purposes set out in this Policy and to the extent necessary to comply with our legal obligations, resolve disputes, enforce our agreements and protect Steam’s, Kickstarter’s or Gumroad’s legal rights, if any.

We also collect and maintain aggregated, anonymized or pseudonymized information which we may retain indefinitely to protect the safety and security of our Site, improve our Services or comply with legal obligations.

The data that are processed on the basis of law are kept for the period set forth by law. The data that are processed so that our contractual relationship with you can be carried out are kept for the period necessary to implement the contract and for the legal statute of limitations concerning any claims resulting from the respective concluded contract, with the exception of a dispute in relation to the contractual relationship.

The personal data that are processed on the basis of your consent or legitimate interest, e.g. sending electronic news, are kept until you withdraw your consent in which case we undertake to review the existence of the data processing purpose at regular intervals. Such data will only be erased prior to the withdrawal if the purpose they are processed for has been achieved (e.g. if electronic ads are no longer sent) or if it is so provided by law.

Upon the fulfilment of its services or delivery of the product MORDHAU does not store any shipping address or financial data (credit card details and billing address) and phone number information. However, MORDHAU retains the right to access any such information from the data controllers Threadless.com or Humble Bundle, all during the period of 5 years following the completion of the services or delivery of the product (general legal statute of limitations for claims of damages). 

If for certain processed data the purpose of carrying out our contractual relationship there is a different data retention period (e.g. the retention period for accountancy and tax data is 10 years), such period shall apply. During this period the processing of data is limited and restricted.

13. CHANGES TO THIS POLICY

At our discretion, we may change our privacy policy to reflect current acceptable practices. We will take reasonable steps to let our users know about changes via our website or e-mail notification. Your continued use of this site after any changes to this policy will be regarded as acceptance of our practices around privacy and personal information.

If we make a significant change to this privacy policy, for example changing a lawful basis on which we process your personal information, we will ask you to re-consent to the amended privacy policy.