Privacy Policy

1. Privacy at a glance

General notes

The following notes provide a simple overview of what happens to your personal data when you visit this website. Personal data is any data with which you can be personally identified. For detailed information on data protection, please refer to our privacy policy below this text.

Data collection on this website

Who is responsible for data collection on this website?

Data processing on this website is carried out by the website operator. You can find their contact details in the section "Notice on the controller" of this privacy policy.

How do we collect your data?

On the one hand, your data is collected because you provide it to us. This can be, for example, data that you enter into a contact form.

Other data is collected automatically or with your consent by our IT systems when you visit the website. This is mainly technical data (e.g. internet browser, operating system or time of the page request). This data is collected automatically as soon as you enter this website.

What do we use your data for?

Part of the data is collected to ensure error-free provision of the website. Other data may be used to analyse your user behaviour. If contracts can be concluded or initiated via the website, the transmitted data is also processed for contract offers, orders or other order enquiries.

What rights do you have regarding your data?

You have the right to receive information about the origin, recipients and purpose of your stored personal data free of charge at any time. You also have the right to request the correction or deletion of this data. If you have given consent to data processing, you can revoke this consent at any time for the future. You also have the right to request the restriction of the processing of your personal data under certain circumstances. Furthermore, you have the right to lodge a complaint with the competent supervisory authority.

You can contact us at any time regarding this and other questions on the subject of data protection.

Analysis tools and third-party tools

When you visit this website, your surfing behaviour may be statistically analysed. This is mainly done with so-called analysis programs.

Detailed information on these analysis programs can be found in the following privacy policy.

2. Hosting

We host the contents of our website with the following provider:

Strato

The provider is Strato AG, Otto-Ostrowski-Straße 7, 10249 Berlin, Germany (hereinafter "Strato"). When you visit our website, Strato records various log files including your IP addresses.

For more information, please refer to Strato's privacy policy: https://www.strato.de/datenschutz/.

Strato is used on the basis of Art. 6(1)(f) GDPR. We have a legitimate interest in presenting our website as reliably as possible. If appropriate consent has been requested, processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR and § 25(1) TDDDG, insofar as the consent covers the storage of cookies or access to information in the user's terminal equipment (e.g. device fingerprinting) within the meaning of the TDDDG. Consent can be revoked at any time.

Data processing agreement

We have concluded a data processing agreement (DPA) for the use of the above-mentioned service. This is a contract required by data protection law that ensures the provider only processes the personal data of our website visitors in accordance with our instructions and in compliance with the GDPR.

3. General notes and mandatory information

Data protection

The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this privacy policy.

When you use this website, various personal data is collected. Personal data is data with which you can be personally identified. This privacy policy explains what data we collect and what we use it for. It also explains how and for what purpose this is done.

We would like to point out that data transmission over the internet (e.g. when communicating by email) can have security gaps. Complete protection of data from access by third parties is not possible.

Notice on the controller

The controller responsible for data processing on this website is:

Michael Schwarz ByteMike – Michael Schwarz Europaring 90 c/o Online-Impressum.de #21869 53757 Sankt Augustin Germany Phone: +49 89 80956231 Email: info@bytemike.de

The controller is the natural or legal person who alone or jointly with others determines the purposes and means of processing personal data (e.g. names, email addresses, etc.).

Storage period

Unless a more specific storage period is mentioned within this privacy policy, your personal data will remain with us until the purpose of data processing no longer applies. If you submit a legitimate request for deletion or revoke your consent to data processing, your data will be deleted, unless we have other legally permissible reasons for storing your personal data (e.g. tax or commercial retention periods); in the latter case, deletion will take place after these reasons no longer apply.

General notes on the legal bases for data processing on this website

If you have consented to the processing of data, we process your personal data on the basis of Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR if special categories of data within the meaning of Art. 9(1) GDPR are processed. In the case of express consent to the transfer of personal data to third countries, data processing also takes place on the basis of Art. 49(1)(a) GDPR. If you have consented to the storage of cookies or to the access to information in your terminal device (e.g. via device fingerprinting), data processing is additionally based on § 25(1) TDDDG. Consent can be revoked at any time. If your data is required for the performance of a contract or for pre-contractual measures, we process your data on the basis of Art. 6(1)(b) GDPR. We also process your data if it is required to fulfil a legal obligation on the basis of Art. 6(1)(c) GDPR. Data processing may also be based on our legitimate interest in accordance with Art. 6(1)(f) GDPR. Information on the relevant legal bases in each individual case is provided in the following paragraphs of this privacy policy.

Recipients of personal data

In the course of our business activities, we cooperate with various external bodies. In some cases, this also requires the transfer of personal data to these external bodies. We only pass on personal data to external bodies if this is necessary in the context of contract fulfilment, if we are legally obliged to do so (e.g. transfer of data to tax authorities), if we have a legitimate interest in accordance with Art. 6(1)(f) GDPR in passing on the data, or if another legal basis permits the transfer. When using processors, we only pass on personal data of our customers on the basis of a valid data processing agreement. In the case of joint processing, a joint processing agreement is concluded.

Revocation of your consent to data processing

Many data processing operations are only possible with your express consent. You can revoke consent you have already given at any time. The legality of the data processing carried out until the revocation remains unaffected by the revocation.

Right to object to data collection in special cases and to direct advertising (Art. 21 GDPR)

If data processing is carried out on the basis of Art. 6(1)(e) or (f) GDPR, you have the right at any time to object to the processing of your personal data for reasons arising from your particular situation; this also applies to profiling based on these provisions. The legal basis on which any processing is based can be found in this privacy policy. If you object, we will no longer process your personal data concerned, unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or if the processing serves the establishment, exercise or defence of legal claims (objection pursuant to Art. 21(1) GDPR).

If your personal data is processed for the purpose of direct advertising, you have the right to object at any time to the processing of personal data concerning you for the purpose of such advertising; this also applies to profiling insofar as it is associated with such direct advertising. If you object, your personal data will subsequently no longer be used for the purpose of direct advertising (objection pursuant to Art. 21(2) GDPR).

Right to lodge a complaint with the competent supervisory authority

In the event of violations of the GDPR, data subjects have the right to lodge a complaint with a supervisory authority, in particular in the Member State of their habitual residence, place of work, or place of the alleged infringement. The right to lodge a complaint exists without prejudice to any other administrative or judicial remedies.

Right to data portability

You have the right to have data which we process automatically on the basis of your consent or in fulfilment of a contract handed over to you or to a third party in a common, machine-readable format. If you request the direct transfer of the data to another controller, this will only take place insofar as it is technically feasible.

Information, correction and deletion

Within the framework of the applicable statutory provisions, you have the right at any time to free information about your stored personal data, its origin and recipient and the purpose of data processing and, if applicable, a right to correction or deletion of this data. You can contact us at any time regarding this and other questions on the subject of personal data.

Right to restriction of processing

You have the right to request the restriction of the processing of your personal data. You can contact us at any time for this purpose. The right to restriction of processing exists in the following cases:

• If you dispute the accuracy of your personal data stored by us, we usually need time to verify this. For the duration of the verification, you have the right to request the restriction of the processing of your personal data.
• If the processing of your personal data was/is unlawful, you can request the restriction of data processing instead of deletion.
• If we no longer need your personal data, but you need it for the exercise, defence or assertion of legal claims, you have the right to request the restriction of the processing of your personal data instead of deletion.
• If you have lodged an objection in accordance with Art. 21(1) GDPR, a balance must be struck between your interests and ours. As long as it has not yet been determined whose interests prevail, you have the right to request the restriction of the processing of your personal data.

If you have restricted the processing of your personal data, this data may only be processed – apart from its storage – with your consent or for the establishment, exercise or defence 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 European Union or a Member State.

Special notes on data processing during Twitch bot use

Processing on behalf of streamers: Insofar as personal data of viewers is processed in the course of using the bot (e.g. Twitch usernames, chat messages, interaction data, watchtime), this processing takes place on behalf of the respective streamer. In this case, the streamer is to be regarded as the controller within the meaning of the GDPR. We act as a processor.

Data processing for the provision of the platform, for the handling of subscriptions, for commission calculation and for technical functionality is carried out under our own data protection responsibility as platform operator.

The following data is processed on behalf of streamers:

• Viewer names (Twitch username)
• Chat messages and interactions
• Watchtime and presence data
• Moderation data (e.g. warnings, timeouts)
• Command usage data

Storage period: This data is stored for as long as the streamer's account exists with us, as well as for the duration of technical troubleshooting and quality assurance. Upon deletion of the account, this data is completely removed.

We have concluded corresponding data processing agreements (DPAs) with our hosting providers (Strato) and other service providers who process personal data on our behalf.

SSL/TLS encryption

For security reasons and to protect the transmission of confidential content, such as orders or enquiries that you send to us as the site operator, this site uses SSL or TLS encryption. You can recognise an encrypted connection by the fact that the address bar of the browser changes from "http://" to "https://" and by the lock symbol in your browser bar.

If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

4. Data collection on this website

Cookies

Only technically necessary cookies are used. No tracking, analysis or marketing cookies are used.

Server log files

The provider of the pages automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:

• Browser type and browser version
• operating system used
• Referrer URL
• Hostname of the accessing computer
• Time of the server request
• IP address

This data is not merged with other data sources.

This data is collected on the basis of Art. 6(1)(f) GDPR. The website operator has a legitimate interest in the technically error-free presentation and optimisation of their website – the server log files must be recorded for this purpose.

Discord integration

Our platform enables the linking of a Discord account and the connection of Discord servers. For this purpose, we use the OAuth interfaces of Discord Inc. The following data in particular can be processed during linking:

• Discord user ID
• Discord username
• Server IDs
• Information about connected servers
• Permission information for the execution of automated actions

The processing is carried out to provide the desired integration functions, in particular for the automated publication of content, notifications or bot actions within Discord servers. The legal basis for processing is Art. 6(1)(b) GDPR. Discord processes personal data under its own responsibility. For more information, please refer to Discord's privacy policy at: https://discord.com/privacy

YouTube integration

Our platform enables the linking of a YouTube channel. This allows information about your channel to be retrieved and displayed within our platform.

The following data in particular can be processed:

• Channel ID
• Channel name
• Public channel information
• Information about published videos

The processing is carried out exclusively to provide the functionalities you have requested. The legal basis is Art. 6(1)(b) GDPR. The responsible provider of YouTube services is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. For more information, please visit: https://policies.google.com/privacy

Connection of external donation platforms

Our platform enables the connection of external donation platforms such as Ko-fi or TipeeeStream via corresponding API interfaces. As part of the connection, the following data in particular can be processed:

• Donor name
• Donation amount
• Donation messages
• Time of the donation
• Transaction information

This data is used to trigger the desired bot functions, display notifications or execute automated actions within the platform. The respective donation platform processes personal data under its own data protection responsibility.

Login via Twitch (OAuth / SSO)

We offer you the option to log in to our platform via your Twitch account. For this purpose, we use the OAuth procedure of Twitch Interactive, Inc. ("Twitch").

When logging in via Twitch, the following data is transmitted from Twitch to us:

• Your Twitch user ID
• Your Twitch username
• Your profile picture (avatar)
• Your email address (if shared in your Twitch settings)

The use of the Twitch login is based on Art. 6(1)(a) GDPR (consent) and Art. 6(1)(b) GDPR (performance of a contract). By using the Twitch login, you agree to the transmission of the above-mentioned data.

The legal basis for data processing by Twitch is Twitch's privacy policy, which you can view at the following link: https://www.twitch.tv/p/en/legal/privacy-notice/

We only store the data received via Twitch for the duration of the use of our platform. The data will be deleted as soon as you delete your account with us or disconnect from your Twitch account, unless we are legally obliged to store it further (e.g. retention periods). You can disconnect from your Twitch account at any time in the settings of your account with us. The data received from Twitch will then be deleted from our records.

Use of the platform and processing of viewer data

When using our platform, personal data of Twitch viewers may be processed if they interact with the bot or use functions of the platform.

This includes in particular:

• Twitch usernames
• Chat messages
• Watchtime data
• Interaction data
• Points and reward systems
• Moderation data
• Donation events
• Interactions with AI functions

The processing takes place either under our own responsibility or on behalf of the respective streamer, depending on the specific processing purpose.

Use of AI on the website

In our Twitch bot, we offer the optional use of AI-supported chat functions. For this purpose, we use the AI service provider Mistral AI (Mistral AI SAS, France, EU).

When you activate the AI function, the bot processes messages from the Twitch chat to generate automated responses. The AI bot appears as a separate account in the Twitch chat and is marked as such.

When using the AI function, the following data is processed:

• Chat messages from viewers (content, metadata)
• Twitch usernames
• Time stamps of messages
• Context information on the chat interaction

Legal bases: Data processing is carried out on the basis of Art. 6(1)(b) GDPR (performance of a contract), provided that you as the streamer have activated the AI function. For viewers who interact with the AI bot, processing is based on Art. 6(1)(f) GDPR (legitimate interest in providing bot functionality).

We have concluded a data processing agreement (DPA) with Mistral AI. The recipient of the data processed within the framework of the AI function is Mistral AI SAS, 15 Rue des Halles, 75001 Paris, France.

Mistral AI does not use your data for training purposes. Data processing takes place exclusively within the EU. Viewers can freely decide whether they want to interact with the AI bot. The interaction is automated without human review.

Storage period: The data processed in the context of AI use is stored for as long as the AI function is activated, as well as for the duration of technical troubleshooting and quality assurance. If the AI function is deactivated or the account is deleted, the data will be deleted. For more information on data processing by Mistral AI, please visit: https://mistral.ai/terms/.

Automated decision-making and AI interaction

The responses generated by the AI bot are created in a fully automated manner. As a rule, no prior human review of individual responses takes place.

The AI bot is marked as an automated system. Users can freely decide whether they want to interact with the AI bot.

Automated decision-making within the meaning of Art. 22 GDPR with legal effect or similarly significant impact does not take place.

Enquiries by email or phone

If you contact us by email or phone, your enquiry, including all personal data resulting from it (name, enquiry), will be stored and processed by us for the purpose of handling your concern. We do not pass on this data without your consent.

The processing of this data is carried out on the basis of Art. 6(1)(b) GDPR, provided that your enquiry is related to the performance of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of the enquiries addressed to us (Art. 6(1)(f) GDPR) or on your consent (Art. 6(1)(a) GDPR) if this has been requested; consent can be revoked at any time.

The data you send to us via contact enquiries will remain with us until you ask us to delete it, revoke your consent to its storage, or the purpose for the data storage no longer applies (e.g. after your enquiry has been processed). Mandatory statutory provisions – in particular statutory retention periods – remain unaffected.

5. Newsletter

Newsletter data

If you wish to receive the newsletter offered on the website, we require an email address from you as well as information that allows us to verify that you are the owner of the email address provided and that you agree to receive the newsletter. No further data is collected, or only on a voluntary basis. We use this data exclusively for sending the requested information and do not pass it on to third parties.

The processing of the data entered into the newsletter registration form is carried out exclusively on the basis of your consent (Art. 6(1)(a) GDPR). You can revoke the consent given for the storage of the data, the email address and its use for sending the newsletter at any time, for example via the "unsubscribe" link in the newsletter. The legality of the data processing operations that have already taken place remains unaffected by the revocation.

The data you have deposited with us for the purpose of receiving the newsletter will be stored by us or the newsletter service provider until you unsubscribe from the newsletter and deleted from the newsletter distribution list after the newsletter has been cancelled or the purpose has ceased to apply. We reserve the right to delete or block email addresses from our newsletter distribution list at our own discretion within the scope of our legitimate interest in accordance with Art. 6(1)(f) GDPR.

Data stored with us for other purposes remains unaffected by this.

After you have unsubscribed from the newsletter distribution list, your email address may be stored in a blacklist by us or the newsletter service provider if this is necessary to prevent future mailings. The data from the blacklist is only used for this purpose and is not merged with other data. This serves both your interest and our interest in complying with the legal requirements when sending newsletters (legitimate interest within the meaning of Art. 6(1)(f) GDPR). Storage in the blacklist is not subject to a time limit. You can object to storage if your interests outweigh our legitimate interest.

We use the double opt-in procedure for registration for our newsletter. After registration, you will receive an email in which you must confirm your registration. To prove your consent, we store the time of registration, the time of confirmation and the technical protocol data used.

6. eCommerce and payment providers

Processing of customer and contract data

We collect, process and use personal customer and contract data for the establishment, design and modification of our contractual relationships. We only collect, process and use personal data about the use of this website (usage data) insofar as this is necessary to enable the user to use the service or to bill for it. The legal basis for this is Art. 6(1)(b) GDPR.

The collected customer data will be deleted after completion of the order or termination of the business relationship and after expiry of any existing statutory retention periods. Statutory retention periods remain unaffected.

Payment services

We integrate payment services from third-party companies on our website. When you make a purchase with us, your payment data (e.g. name, payment amount, bank details, credit card number) is processed by the payment service provider for the purpose of payment processing. The respective contractual and data protection provisions of the respective providers apply to these transactions. The use of the payment service providers is based on Art. 6(1)(b) GDPR (contract handling) and in the interest of a payment process that is as smooth, convenient and secure as possible (Art. 6(1)(f) GDPR). Insofar as your consent is requested for certain actions, Art. 6(1)(a) GDPR is the legal basis for data processing; consents can be revoked at any time for the future.

We use the following payment services / payment service providers on this website:

Stripe

The provider for customers within the EU is Stripe Payments Europe, Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe").

Data transfer to the USA is based on the EU Commission's standard contractual clauses. Details can be found here: https://stripe.com/privacy and https://stripe.com/guides/general-data-protection-regulation.

Details can be found in Stripe's privacy policy at the following link: https://stripe.com/privacy.

Premium subscriptions

To provide paid premium functions, we process contract, usage and billing data of our customers. This includes in particular:

• Name
• Email address
• Subscription status
• Invoice information
• Payment status
• Contract terms

The processing is carried out for the execution and handling of the contractual relationship in accordance with Art. 6(1)(b) GDPR.

Donation function and Stripe Connect

Our platform provides streamers with a donation function. Payment processing is handled via Stripe Connect. Payment is made directly between the respective donor and the streamer.

We do not receive any payment data such as credit card numbers, bank details or other payment information. We only process the transaction metadata required for the technical provision of the donation function, for commission billing and for the traceability of transactions, in particular:

• Donor name
• Donation amount
• Donation message
• Time of the transaction
• Transaction ID
• Commission data

The processing is carried out on the basis of Art. 6(1)(b) GDPR.

External donation platforms

Additionally, we offer the possibility to connect external donation platforms such as Ko-fi and TipeeeStream via corresponding API interfaces. Information about donation events, in particular username, donation amount, donation message and time of the donation, can be transmitted to our platform and processed there for the execution of the functions desired by the user (e.g. triggering bot actions, notifications or automations). The processing is carried out for the provision of the functions desired by the user on the basis of Art. 6(1)(b) GDPR.

Ko-fi and TipeeeStream process personal data within the framework of their services under their own data protection responsibility. For more information on data processing, please refer to the data protection notices of the respective providers.