1.1. thesocialbet GmbH, Siebenbrunnengasse 17, 1050 Vienna ("thesocialbet") provides a betting game platform, where its users may set up or join betting game rounds or participate in prize games. Further, thesocialbet offers the implementation of intra-company betting games for corporate clients.
1.3. The following websites are currently operated by thesocialbet:
- thesocialbet.com, -at, -de, -ch;
- socialbet.at, -de; und
- league-hero.com (hereinafter individually "thesocialbet-Website", and collectively referred to as "thesocialbet-Websites").
1.4. thesocialbet undertakes to have all information, services and data provided available for download without interruption. However, in spite of the greatest diligence down times, data losses or abuse of betting games may not be entirely ruled out. Compensation of damages by any user are hereby excluded.
1.5. thesocialbet reserved all rights to changes, amendments or removal of provided data, information, services as well as thesocialbet-Websites in part or in whole at any time and without any preliminary notice.
2.1. The participation in betting games is free of charge.
2.2. In order to participate in any betting game, users need to register on a thesocialbet-Website or on a Third Party Website. The registration may be effected via Facebook or e-mail.
2.3. In the event of a registration via Facebook, thesocialbet will use provided information of its users for a registration on a thesocialbet-Website or on a Third Party Website. This use of data will explicitly happen on behalf of the user.
2.4. For registration via e-mail, the user will provide an email address as well as a password of its choice (which will be saved in encrypted form). To complete the registration, the user will receive an e-mail with a link for confirmation.
2.5. When users first visit a thesocialbet-Website or a Third Party Website, thesocialbet will apply a cookie in the user's browser, which will be able to identify the user's computer, even if the user has not yet confirmed the confirmation-link. The cookie contains a alphanumeric code and will be used only for subsequent user identification purposes.
2.6. User accounts are not transferable and shall not be made available or handed over to third parties. Only one registration per user is allowed. Nevertheless, if a user registered more than one user account, thesocialbet shall be entitled to delete all of the relevant user accounts.
2.7. thesocialbet shall be entitled to refuse a registration of a user without giving any reason.
3. User Obligations
3.1. The user may not provide any content, that
- is wilful or grossly negligent;
- is threatening, coercing, defamatory (e.g. mobbing), offensive, nudging and/or pornographic of any kind;
- is racist, race baiting, anticonstitutional and/or prosecutable/illegal of any kind; or
- violates applicable law, especially property rights of third parties, e.g. copyrights and trademark law.
3.2. Users are not allowed to interfere the functioning of a thesocialbet-Website or a Third Party Website in any way. It is particularly forbidden to bypass safety functions on computer systems, servers, routers or any other undertaken changes to devices connected to the internet, nor is the unauthorized access or disturbance of these systems/devices of any kind allowed.
3.3. The user may not interfere in any third party rights (specifically copyrights). In case of infringements of third party rights the user is obliged to hold thesocialbet harmless.
3.4. It is the user's responsibility to take care of his own computer systems and them being compatible with the betting games.
3.5. Any data e.g. user names and passwords shall be kept secret and shall in no case be disclosed to any third parties.
4. Warranty and Liability
4.1. To the fullest extent permitted by law any warranty claims relating to the participation in any betting games or to any awarded non-cash prizes are excluded.
4.2. To the fullest extent permitted by law thesocialbet shall be liable to the user, irrespective of the legal ground for damages only to the extent that any such damages are caused by the gross negligence or the wilful misconduct of thesocialbet. To the fullest extent permitted by law the liability for slight negligence by thesocialbet is excluded.
4.3. No liability shall be assumed for correctness and completeness of information on any thesocialbet-Website or any Third Party Website. Further, thesocialbet shall not be liable for any content provided by its users.
4.4. thesocialbet shall not be liable for any kind of abuse of data or information by either users or third parties.
4.5. Moreover, thesocialbet assumes no liability for system failures, disturbances, data loss and viruses due to external attacks or any other reasons, unless such damages were caused by the wilful misconduct or by the gross negligence of thesocialbet.
4.6. thesocialbet shall not be liable for damages that may arise out of the acceptance and/or usage of any prizes awarded in the course of any betting game.
5. Deletion of user accounts and termination of betting games
5.1. The user may delete his user account at any time without giving reasons.
5.4. thesocialbet shall be entitled to cancel or terminate a betting game at any time without prior notice. In particular, thesocialbet shall be entitled to do so, if the execution of a betting game may not be guaranteed due to technical or legal reasons such as virus attacks, errors in the software and/or hardware. In any such a case, the user shall not be entitled to any claims against thesocialbet.
6. Rights of Control and Rights of Deletion of Contents
6.1. thesocialbet shall not be obliged to control all content that is provided by its users. However, thesocialbet reserves the right to control and delete any content at any time.
6.2. In the event thesocialbet becomes aware of any violation of third-party-rights by any content provided by a user, thesocialbet reserves the right to delete such content within an appropriate period of time.
6.4. thesocialbet reserves the right to delete content of users at any time without giving reason or notice.
7. Prize Games
7.1. thesocialbet reserves the right to award non-cash prizes for selected betting games.
7.2. The prize actually awarded to the winner of a betting game must not entirely correspond to the prize initially presented in the respective betting game. The winner may not claim a particular price; thesocialbet shall undertake to provide a prize comparable to the prize initially presented.
7.3. The winners will be informed by thesocialbet via e-mail within 7 days after closure of the betting game.
7.4. In the event more than one person wins a prize game, thesocialbet shall undertake that the winner will be determined by lot in a fair and non-discriminatory manner.
7.5. If the prize cannot be delivered to the winner within one month of first notification, the winner's claim to the prize shall forfeit. The winner's claim to the prize shall also forfeit, if the winner is not identifiable, the prize is undeliverable, the winner does not react to notification sent to the e-mail address provided by the winner or the winner refused to accept the prize.
7.6. A conversion of the prize into cash or any exchanges of prizes are excluded.
7.7. Prize claims may not be transferred to any third party.
7.8. The participation in prize games shall not be subject to judicial review
8. Copyright and Links
8.1. Contents/Data which are published on a thesocialbet-Website or on a Third Party Website as well as the underlying software is protected by copyright. Any kind of reproduction, distribution, public disposal and other exploitation, alternation and/or removal is forbidden.
8.2. A reproduction, public disposal or other exploitation of content protected by copyright of a thesocialbet-Website or of a Third Party Website shall require prior written and explicit consent of thesocialbet. The same applies to the underlying software.
8.3. Direct or indirect references of external websites on a thesocialbet-Website or on a Third Party Websie are provided in the interest of the users. Content provided in such linked websites is not created by thesocialbet. thesocialbet has no influence on these websites, any access to these websites is at the sole responsibility of the user. Continuous control of the content presented on these linked websites is not possible.
9. Final Provisions
9.2. thesocialbet stores user data in line with general standards. However, thesocialbet cannot assume responsibility for attacks by hackers.
9.5. Austrian law shall apply exclusively, without giving effect to its conflict of law rules and the UN Sales Convention. The competent court in Vienna shall have jurisdiction for legal proceedings. In case the user is a consumer pursuant to the Austrian Consumer Protection Act ("Konsumentenschutzgesetz") the applicable provisions apply regarding the jurisdiction place.
Status August 2016
2. Scope of application
The following websites are currently operated by thesocialbet:
- thesocialbet.com, -at, -de, -ch;
- socialbet.at, -de; und
- league-hero.com (hereinafter individually "thesocialbet-Website", and collectively referred to as "thesocialbet-Websites").
3. What is personal data?
Personal data includes information on personal and factual circumstances concerning an identified or identifiable person. This includes information such as your (real) name, your address or any other mail address and as well as your telephone number. Also your e-mail address is included here from if it is connected so strongly to your name that you are identifiable. Information due to which your identity cannot be determined does not qualify as personal data. As an example, such information is all information without any connection to your name, e.g. the declaration of your sex or your age or your education or your placed bets in a betting game.
4. When and for which purpose will your data be stored and collected?
Of our registered users we store a member name, an e-mail address and a personally chosen password for identification. We require that data to distinguish our users and to contact them. Your password will only be stored encrypted and cannot be displayed as plain text. The data for identification purposes will remain stored as long as the user is not deleted. Of users which are not registered on a thesocialbet-Website or on a Third Party Website, but register via a third party like Facebook, we store your account name, an e-mail address and/or telephone number as well as the general data of the respective account which you have clearly marked as publicly visible. We need this data to keep the users with an external account apart and to contact them. We only receive such data if the respective third party has previously received your explicit consent to this data transfer.
5. What about IP-address, etc.?
With your access on a thesocialbet-Website or on a Third Party Website, some possible identification data (IP-address) and other information (date, time, viewed page) is stored on our server for the purpose of data security. An evaluation of the data does not take place, except for statistical purposes where data will only be evaluated in anonymised form (e.g. shortened by several numbers or encrypted series of numbers regarding the IP-address; see also section "Creation of user profiles").
6. Use and disclosure of personal data
thesocialbet only uses your personal information within the company and only transfers it to such companies, which are supposed to help with the fulfilment of our contract with you or otherwise engaged in the service provision. Apart from that, your personal data will not be transferred, unless you have expressly agreed to any transfer or we are obliged to disclose any data, e.g. due to an official or judicial command. Please be aware that provided information of other users, e.g. on the pin board are retrievable for other users of the service. Therefore you should review your contributions carefully before making them public to ensure that you have not included any information that is not intended for the public. You should take into account that contributions or data that you make publicly accessible will be recorded in search engines and be accessible globally, even without a specific call to our offer. The deletion or correction of such data can often not be enforced regarding foreign operators. There is no right of deletion of these data towards thesocialbet. If you have registered on a thesocialbet-Website or on a Third Party Website, thesocialbet uses your data provided during the registration process for the purpose of delivering the thesocialbet-newsletter. Personal data will not be passed on to third parties. Therefrom excepted are only partner companies which are responsible for the technical processing for the newsletter dispatch. In these cases, the scope of the transmitted data shall be restricted to the necessary minimum.
Cookies are small text files which can be stored on the hard drives of web site users. They enable personalized adjustments to be made to the website. Furthermore, Cookies are used by thesocialbet to analyse the use of the websites in anonymised or pseudonymized form, as well as the online advertisement, to store general preferences of the user and to present a user special offers and services which meet his specific interest and can be found on the websites.
Furthermore, anonymised user statistics will be drafted and the data will be used for market research purposes. Our advertising customers will on no account receive data which allow to identify you. Most browsers are activated in a form that they accept Cookies automatically. You may deactivate Cookies or change the settings of your browser so that it informs you as soon as cookies are sent. However, in this event, a smooth functioning of our thesocialbet-Website or a Third Party Website is no longer possible.
8. Technical infrastructure
Our technical infrastructure is based on so called "Root Servers" at the hosting provider "Jiffy Box". We place great importance on high security standards. All accesses on the data-processing systems by employees of thesocialbet can exclusively be transmitted using encoded accesses (SSL), for which an additional authorisation is necessary. thesocialbet blocks all accesses on the data processing systems which occur on non-authorised ports. Only necessary ports and services are open. The employees of the computer centre do not have password access to the data processing systems. Our servers are only placed in the member states of the European Union. All data are processed and stored within the member states of the European Union. For our platform we use 100% free software which is based on Linux. Linux is known for its outstanding safety. Necessary security updates will be installed by us on all productive systems.
9. Creation of personal profiles
10. Social Plug-ins
The thesocialbet-Websites or Third Party Websites, also contain plug-ins of the social networks Facebook, Google+ and Twitter that are operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (Facebook), Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (Google+) or Twitter Inc.: 1355 Market Street, Suite 900, San Francisco, CA 94103, USA (Twitter). By selecting a button messages can be transmitted to the social network in question. If you are logged in in one of these networks and you access a website with such a feature, your browser will build up a connection with this social network and the social network will be enabled to refer the access of the website to your account of the corresponding social network. In case this is not what you want, please visit the thesocialbet-Websites or Third Party Websites, without being logged in on one of the social networks mentioned above.
12. Declaration of consent for the use of the services of thesocialbet
a) You agree that thesocialbet may automatically collect, store, process and use your personal data, namely your name, e-mail address, password (encrypted) in case of your registration on the thesocialbet-Websites or on Third Party Websites, in order to enable thesocialbet to distinguish you from other users and to contact you.
b) You agree that your IP-address and your log files (data about the use of thesocialbet-Websites or of Third Party Websites) may be used for the compilation of user profiles. For this purpose thesocialbet makes use of Google Analytics, so your IP-address and your log files about the visits of thesocialbet-Websites or Third Party Websites are provided to Google Inc. as a service provider for the purpose of analysing the use of these websites.
c) You agree that your IP-address and your data about the use of thesocialbet-Websites or of Third Party Websites are transmitted to Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA, to Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA or to Twitter Inc.: 1355 Market Street, Suite 900, San Francisco, CA 94103, USA when using social plug-ins of Facebook, Google+ or Twitter, respectively. You acknowledge that with the use of social plug-ins, Facebook Inc., Google Inc. and Twitter Inc. collect data about you on thesocialbet-Websites or on Third Party Websites, and that you can prevent the collection by logging off from social media before accessing thesocialbet-Websites or Third Party Websites.
You may revoke your consent given in point 12 in writing by mail to thesocialbet GmbH, Siebenbrunnengasse 17, 1050 Vienna or by e-mail firstname.lastname@example.org at any time.
13. Newsletter/consent pursuant to telecommunications act 2003
You agree that thesocialbet sends you the newsletter of thesocialbet, as well as information and advertising material about activities and service offers of thesocialbet pursuant to § 107 Abs 2 telecommunications act 2003 ("Telekommunikationsgesetz 2003") to your e-mail address provides by you.
You agree that thesocialbet may forward your personal data, namely your name and e-mail address to the respective organiser of a betting game operated by thesocialbet that you attend, so that the organiser can send you information and advertising material about his activities and service offers (e.g. newsletter).
Furthermore, you agree that this organiser sends you information and advertising material about activities and service offers of this organiser to your e-mail address provided by you.
You may revoke your consent given in point 13 in writing by mail to thesocialbet GmbH [address] or by e-mail [e-mail-address] at any time.
14. Information, Revocation Right, Questions
You may request at any time and without charge information concerning the data stored in relation to your person or to a pseudonym assigned to your person. We reserve the right to provide this information electronically. Moreover, you are at any time entitled to revoke the further use of personal data in the future. As a user, the easiest way of doing so is to change or to delete the relevant information or to delete your user account. We do not store the changed or deleted information. In case of an information request or a revocation you need to file sufficient information to your individualisation (at least your first name, surname and e-mail address) and valid evidence that this information refers to you. In these cases or if you have other questions to our data security please contact: email@example.com.
15. Right of modification
16. Final Provision