Privacy and Cookies Policy

The website accessible at the following address https://www.nicecactus.gg is published by the company Esport Management.

Esport Management attaches great importance to the protection of the privacy and data relating to the players, customers and prospects on their website, as well as their employees, partners and service providers. Esport Management hereby ensures that they adopt and comply with the applicable principles of personal data protection throughout all their activities.

The purpose of this Privacy and Cookies Policy (the « Policy ») is to inform in a clear, comprehensive and simple manner all users of this website (« You », « Your », and the « Website ») about how Esport Management («We», «Us», «Our»), as data controller, collects and uses data about You and how You can control such use and exercise Your rights in this regard.

Specific information is also included on each data collection form to ensure that You are fully informed before any processing of Your data. Each user is also invited to read Our cookie policy available in section 11 of this document.

By visiting our Website, You agree to the terms and conditions of this Policy and consent to the collection and use of Your personal data as defined herein. We may update the Policy at any time. If We decide to make changes, We will post those changes on this page so that You are always aware of what data We collect, how We use it and under what circumstances We disclose it. We encourage You to regularly review this Policy to be aware of any changes that may have been made since Your last visit.

Your continued access and/or use of Our Website constitutes Your binding acceptance of any changes made to this Policy. If you do not agree to abide by these or any future terms, please do not access or otherwise use the Website.

  1. Data controller

E-SPORT MANAGEMENT, a French private company (SAS) with a capital of €1 516 738, 50, APE code 7112B, headquartered at WTC2, 120 route des Macarons, in VALBONNE, FRANCE (06560), registered at the « Registre du Commerce et des Sociétés de Grasse » under number 829 761 790.

  1. Purpose of data processing

We only process Your data to ensure Your optimal usage of Our services and meet Your needs.

With Your consent upon registration, We will use Your email address to keep You informed of our news and promotions.

We will keep Your data (for instance, Your resume) for one year for recruitment purposes.

Esport Management needs to collect and process some of Your data, collected with Your prior consent or in the legitimate interest pursued by Esport Management (for instance, to secure Your transactions), if such data is necessary for the execution of a sales or service contract, for recruitment campaign purposes or for compliance with legal or regulatory obligations.

  1. How do We collect Your data?

We may collect information about You in various occasions, in particular:

  • when You create a user account on the Website, as well as when You use its different features,
  • when You purchase a product or service on the website https://www.nicecactus.gg,
  • when You use one of Our contact forms or when You interact with Us through other contact methods (email address, phone number, social media…),
  • when You respond to one of Our satisfaction surveys,
  • when You subscribe to Our marketing communications,
  • when You navigate on Our Website,
  • when You apply to be recruited by Our company.


Your data may also be transmitted to Us via third-party partners or sponsors.

  1. Why do We collect Your data? 

Esport Management only collects data that is relevant, appropriate and limited to what is necessary for its intended purpose.

Personal data must be collected for specified, explicit and legitimate purposes and may not be further processed in a way incompatible with these purposes, unless Your prior consent is obtained.

Upon registration on Our Website, We may use Your data for the following reasons:

  • Confirm Your account
  • Send You an email in case of forgotten password and when the password is reset

We may also use Your data for the tournaments We organize on Our platform. We may send You an email for the purpose of:

  • Informing You that your registration has been taken into account
  • Confirming Your participation in the tournament
  • Informing You of Your victory at a tournament

In addition, and as a result of Esport Management providing the requested service (in accordance with Article 6 (1) sub-paragraph (a) of the European General Data Protection Regulation), We may also use Your data to:

  • respond to Your purchasing requests or contact requests,
  • manage the features of the services We provide,
  • manage and execute orders,
  • manage order cancellations,
  • manage the after-sales service,
  • manage potential claims,
  • optimize Our Website and Our Product and Service offerings.

We may also collect Your data when You apply for a position within Our company.

Your data may also be used for direct prospecting purposes via email or SMS, subject to Your prior consent. You can unsubscribe from our product and service offers at any time. Your personal details may be used without Your consent, by way of exception and pursuant to applicable regulations, if they have been obtained in the context of the sale of a product or a service and are used to send surveys aimed at promoting similar products or services supplied by Esport Management.

In either case, Esport Management processes Your data for legitimate regulatory purposes, without adversely affecting Your rights. You may oppose the processing of Your personal data at any time, as stated in section 9 of this Policy.

We may also conduct surveys to determine how We can improve Our level of service. You are entirely free to participate or refuse to participate in these surveys.

Information about how You use Our products and services will only be used to customize Your user experience, Our communications and any offers you may receive from Us. 

The sole purpose of establishing such a profile is to enable Us to better meet Your preferences and needs.

  1. What data do We collect?

The data we collect fall into three categories: (i) the data You provide to Us, (ii) the data automatically collected and (iii) the data We obtain from third parties.

5.1. The data You provide to Us:

For players and consumers (professionals and amateurs):

  • Your title, first name and last name, for identification purposes. We also ask you if you are a minor. If you are a minor, the identity of Your legal guardian.

For participation in tournaments, and in the event that you are a minor, We will ask You for Your national identity card to verify that You are over 12 years old, in accordance with the rules in effect, as well as that of Your legal representative.

As part of Your participation in tournaments, We will also ask You for Your “Gamer ID” (i.e. Stream ID, PSN or Your Xbox account). This allows You to recognize and identify Yourself for participation in the tournament.

  • Your email address, to access Your user account, to contact You at Your request, or, subject to Your prior consent, if such consent is required by the applicable regulations, to communicate with You about Our news and promotions. If You are a minor, Your legal guardian’s email address to ensure that he/she is aware of Your registration to Our platform and that he/she authorizes You to participate in Our tournament.
  • Your home country when You win tournaments, for statistical purposes if you authorize us to do so. 
  • Your mailing address for delivery and billing purposes, or to communicate with You about Our news and promotions.
  • Your size, if you win clothing or if you purchase a garment from our online store. 
  • The games You play, and the time You spend playing in order to personalize Our product and service offers.
  • Your telephone number, in order to track Your order or reservation, or to contact You at Your request.
  • Your payment details to accept Your payments, process your refunds, detect fraud and protect You from it.
  • Your bank details if You win a predefined amount during a tournament and You want Esport Management to pay You this amount by bank transfer. In this context, We will also ask You for your national identity card to verify that the bank details provided match Your identity, in order to detect fraud and protect You against it.
  • Your PayPal ID, if you prefer to receive your prize through this payment method after winning in a tournament.

You may choose to fill in Your public profile with the following personal data: 

– picture

– age

– “streams” 

– Facebook, Twitter, Twitch, Youtube and Steam accounts

For recruitment candidates: 

  • Identification data and data related to Your identity: title, last name, first name and maiden name (if applicable), picture (optional), personal details (address, private phone number, email address);
  • Data related to Your professional experience: start and end dates of Your previous employment contracts, diplomas, and more generally all information related to Your resumé, type of work, and experience.

For professionals (businesses):

  • Your last name and first name, for identification purposes.
  • Your activity (press or professional/business), and the legal name of Your company (if applicable), to better understand Your request. 
  • Your company registration document or Your identity card, if applicable, to verify Your identity.
  • Your email address, to access Your user account, contact You at Your request, or, subject to Your prior consent, if such consent is required by the applicable regulation, to communicate with You about Our news and other information about the brand Esport Management. 
  • Your phone number and mailing address to contact You at Your request, to communicate with You about Our news and other information about the brand Esport Management.
  • Your contact history with Us to be able to help You with any issues You may be having.

The fields bearing an asterisk (*) are those that require a mandatory response. If You do not fill out these fields, We will be unable to process Your request. The other fields are optional. You can fill them out if You wish but You do not have to, without this entailing any particular obligation or inconvenience for You.

5.2. The data automatically collected

We and Our third-party service providers may automatically collect certain information as a result of Your use and browsing of Our website. This information generally includes: 

(i) Usage Data: When you use our services, We and Our third-party service providers may track and collect usage data and information about your experience with Our Website, such as:

  • Your connection logs to warn You in case of a suspicious connection. Retrieving this data will also allow You to reconnect automatically on a future visit,
  • The pages you visit and the links you click on,
  • The games you play, how long you play for, your gaming history
  • Your chat history, contact and order history, date and time of connection to Our servers.

The aforementioned usage data is collected for the legitimate purpose of data processing in the context of Our business, namely, to improve Your gaming skills, to facilitate access to the Website or solve other issues related to it, to offer You services better suited to Your needs, to process return orders and to improve Our products and services.

(ii) Cookies and IP address: Like most companies, when you visit our website, We and Our service providers may use cookies and other tracking technologies to improve the quality of Our services:

  • IP Address: An Internet Protocol (IP) address is a number that is automatically assigned to your device from which You access Our website via Your Internet service provider, and that is automatically identified and recorded in Our files each time you browse Our platform. 

Upon navigating Our website, You make several requests to access the pages You want to view. Then, Our servers, hosted by Amazon Web Service, receive Your requests and this information allows us to know which pages You have visited, the time You visited them and Your IP address. We and Our third-party service providers use this information to measure website visits, identify server problems, manage the Website and determine Your approximate location. This information is required so You can benefit from the server closest to where You are when You access Our Website and thus reduce latency. 

  • Cookies are small pieces of information that are placed on Your device when You visit a website. We may use session cookies (which expire when You close your web browser) and persistent cookies (which remain on Your computer until they are deleted) to provide You with a more personal and interactive experience with the Website. When You visit a website, the computer on that website asks Your computer for permission to store this file on Your hard drive, in a dedicated space. Every website can send its own cookies to Your browser if Your browser preferences allow it. We do not store personal data in cookies on Your computer. Persistent cookies can be deleted by following the instructions of Your Internet browser, available through the browser’s help section. However, in order to use some of the services on Our platform, Your web browser must accept cookies. Consequently, if You choose to disable cookies, some service features may not work properly. For more information, We invite you to read section 11 of this Policy, relating to Cookies.
  • We may also use web beacons to collect the features and data You have searched and viewed, and to know when You have opened an email sent by Our services. This type of information is collected to make the content of Our Website more relevant to your needs.

  1. With whom do We share Your data?

The database that consists of the personal data collected through registration for Our services is strictly confidential. We shall take all appropriate precautions, organizational and technical measures to safeguard the security and integrity of all personal data and in particular, to ensure that it is not altered, damaged or accessed by unauthorized third parties.

Our database provider is MongoDB Atlas, a service fully managed by Amazon Web Service (AWS). You can read their privacy policy available at: https://www.mongodb.com/legal/privacy-policy.

For the purposes of the aforementioned data processing operations We carry out, only Our IT department shall have access to Your complete data.

Our tournament administrators only have access to Your ID card and Your email address when You win a tournament. Your email address is also shared with Our marketing department in the legitimate interest of Our company. For the legitimate purpose of providing Our services and in order to account for time zones, some of Our tournament administrators operate in the United States, and consequently they have access to Your email address. Our US branch complies with the General Data Protection Regulation.

However, as regards Your bank details and for the legitimate purpose of the aforementioned data processing, this data will be passed on to Stripe, the payment platform in charge of managing all Our transactions.

The privacy policy of this platform is available at the following address: https://stripe.com/ie/privacy

Our service providers can also be recipients of personal data that is strictly necessary for the proper execution of the services We have entrusted to them, especially those We use to process orders (for instance: delivery data…).

The public profile You create online on Our platform is available to your friends, other players or the public in general if You participate in tournaments or use certain features of Our platform (such as chat applications).

Your data may be shared with our subsidiaries to assist Us in the execution of Our services or process data on Our behalf.

We may also communicate Your data to respond to legal or regulatory requests, court decisions, subpoenas or legal proceedings, when required to comply with regulations in effect, as well as in the event that Esport Management may decide to transfer all or part of their assets to a third-party company.

Subject to Your prior and express consent, Your email address and Your telephone number may also be communicated by email and/or text message to our Partners for marketing purposes and to enable them to send You their own newsletters, discounts, offers and other promotions.

  1. For how long is Your data stored? 

7.1 Player data: 

Your user data will be kept by Esport Management until you decide to delete your account or after a period of inactivity of 3 years.

We keep Your legal representative’s parental consent form and national ID card, that We ask You to provide if You are a minor, for a period of one (1) year from the date of its receipt, in accordance with the regulations in effect.

Your bank data compiled upon payment of a cash prize is kept for a period not exceeding 13 months, in accordance with the rules in effect.

7.2 Candidate data: 

Your data will be stored by Esport Management for a period no longer than two years since Our last contact. This applies to both selected and rejected candidates.

7.3 Login data: 

Your login data to the Website will only be kept for the duration of the transaction. However, for monthly subscriptions, the Stripe platform will keep your banking data until you decide to cancel your subscription, for the purpose of ensuring premium service continuity. 

  1. Security 

Protecting Your privacy and Your data is one of our priorities. Any registered user is prompted to create a password. We invite You to keep this password confidential, to limit access to your computer or mobile device, and to log out after using Our services.

In addition, within Esport Management, We take all appropriate security measures, in particular technical and organizational measures to protect Your data against accidental loss, destruction, misuse, damage, and unauthorized or illegal access. 

All personal data is confidential, their access is limited to Esport Management employees or service providers acting on behalf of Esport Management, who require it to perform their tasks. 


Persons with access to Your personal data are bound by a non-disclosure obligation and face the possibility of disciplinary action and/or other sanctions if they fail to comply with this obligation.

Transactions with third-party recipients of Your personal data are subject to a contract to ensure the protection of Your personal data and the respect of Your rights.

Although we use appropriate security measures, the transmission of data over the internet is never completely secure. During data transmissions, security breaches can occur and a complete technical protection against third party access is not possible. Consequently, any transmission of personal data is at Your own risk.

  1. What are Your rights and how can You exercise them?

Subject to the conditions provided for by applicable regulations, You have the following rights with respect to the processing of Your personal data: 

  • The right to be informed about the use of Your personal data.
  • The right to access the personal data We hold on You.
  • The right to request the correction of any inaccurate personal data We hold on You (You can also edit the personal data directly from the section “My Account” when You have one).
  • The right to request that We erase Your data, or that We stop processing or collecting it, under certain circumstances.
  • The right to withdraw Your consent to receive news from Us and to oppose the processing of Your data (in particular in order to send You messages for direct marketing purposes).
  • The right to erase Your data and to oppose the processing of Your data if you consider that Esport Management does not have the proper rights to do so, or if You wish to ask Us not to process Your personal data for direct marketing purposes.
  • The right to request that We send You Your data or transfer it to another service provider (right to data portability). 
  • The right to define specific and general post-mortem guidelines regarding the retention, erasure and disclosure of Your data. 
  • The right to complain to the national authority in charge of the protection of personal data (in France, it is the CNIL, National Commission for Information Technology and Civil Liberties, click here to access their website).

If you have any queries and/or wish to exercise Your rights, You can contact Esport Management, by email or by post, by sending a mail along with a copy of any relevant identification document to the following address:

contact@nicecactus.gg, or

E-SPORT MANAGEMENT 

WTC2 – 120, Route des Macarons 06560 VALBONNE

To stop receiving marketing messages from Esport Management, You can also click the unsubscribe link included in all Our messages. 

Esport Management shall respond to You as soon as possible, and in any event, within one month from the receipt of Your request. 

When necessary, this period may be extended by two months, considering the complexity and the number of requests addressed to Esport Management. In such cases, You will be informed of any such extension, as well as the reasons for the delay.

If Your request is submitted in electronic form, the information will also be provided to You electronically where possible, unless You expressly request otherwise.

If Esport Management does not respond to Your request, We will notify You of the grounds for this decision, and You have the option of filing a complaint with a supervisory authority and/or pursuing judicial remedies.

  1. Social media 

You can follow Our Instagram and Twitter accounts or Facebook page from Our Website and, by means of these, follow Our news. The only data We may collect are anonymous and processed for statistical purposes only (for instance, to monitor the number of subscribers to Our account). 

In addition, this Privacy Policy does not address, and We shall not be held liable for the privacy, information or any form of other data collection, storage and use by any third party, including, without limitation, any linked website, Facebook Inc, Apple Inc, Google Inc, Microsoft Corp, Research In Motion, Valve Corp, Amazon Inc, any mobile service provider and any third party operating any website you may access via a URL link found on our Website. 

We do not monitor or control third-party data collection or privacy practices, and We cannot be held liable for their own privacy policies. 

We encourage You to read the privacy practices of each website You visit and to contact them if you have any questions about their respective privacy policies and practices.

For more information on this subject, as well as to know Your rights in this regard and to set up the options so as to protect Your privacy, We invite You to read the privacy policy of the relevant social media website.

  1. Cookies 

Esport Management may use tracking technologies, including cookies, remote markers, tracking scripts, used in applications.

A cookie is a small file consisting of letters and numbers that installs itself on your device when you visit a website and contains information that is transferred to your computer. This information is sent back to the website at each subsequent visit or to another website that recognizes this cookie.

We use this technology for a variety of purposes, including user settings maintenance (language, game selection, etc.) and user journey analysis (pages visited on Our website, as well as web pages or products you visit on our online store, or the search terms that redirect You to our Website).

This section allows you to better understand how cookies work and how to use the current tools to set them up.

On your computer, cookies are managed by your web browser.

They can be session cookies (in this case, cookies will be deleted automatically when you close the web browser) or persistent cookies (in this case, cookies will remain stored in your computer until their expiry date).

You will find here below a list of the cookies used by the website https://www.nicecactus.gg:

Cookie technical namePurpose
_gat_gtag_UA_64783471_3GOOGLE ANALYTICS: Saves the statistics on the user’s hardware device and on his journey (statistics) through the website. No personal data is stored.  



_gat


Cookies used by GOOGLE services
_ga
_gid

ESM_SESSIONSaves your session IDs
__stripe_mid__stripe_sidCookies used by Stripe

HOW TO ENABLE OR DISABLE COOKIES

You can set up your browser so that cookies are stored in your device or rejected, either systematically or depending on their transmitter, or to be informed when a cookie is stored on your device, so you can accept or refuse it.

However, deleting all cookies used by the browser, including those used by other websites, may lead to alteration or loss of certain settings or information, and make it difficult to navigate the website.

The configuration of each browser is different. It is up to you to follow the instructions of your browser developer as follows (links available at the date the page was last updated): 

  • If you are using Internet Explorer:

https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies

  • If you are using Safari:

https://support.apple.com/guide/safari/manage-cookies-and-website-data-sfri11471/mac

  • If you are using Chrome:

https://support.google.com/chrome/answer/95647?co=GENIE.Platform%3DDesktop&hl=en

If you do not want to change the cookies settings, just continue visiting the website.

To learn more about cookies, you can consult the National Commission for Information Technology and Civil Liberties (CNIL) website: https://www.cnil.fr/en/home.

  1. Applicable law and litigation

The website nicecactus.gg is managed and operated from France. Consequently, this Privacy Policy, as well as the collection and use of Your personal data, are governed by French law.

The company Esport Management is established on French territory, therefore it is subject to the French Data Protection Act no. 78-17 dated January 6th, 1978 as amended, relating to information technology, files and freedoms and, more generally, to the General Data Protection Regulation 2016/679, relating to data protection dated April 27th, 2016 (“GDPR”).

In the event of a dispute, and in the event that an amicable agreement cannot be reached, the competent court shall be the one determined pursuant to applicable rules of procedure.

  1. Underage users


The protection of minors is one of Our priorities.

13.1. Creating an account on Our Website

Users under the age of sixteen (16) may only access and use the services of the Website with the consent of at least one of their legal representatives. Such legal guardian must therefore have been able to review all the Website terms and conditions of use as well as the terms and conditions of the present Policy. The minor’s legal representatives are jointly and severally liable for all acts and omissions of their minor children when these children use the services provided on the Website. 

We reserve the right to request proof of age from any user at any time to confirm that access to and use of the Website comply with this Privacy Policy and to suspend any inappropriate accounts. If You are a legal representative and You believe that We have collected personal data about minors without Your consent, please contact Us in writing at the following address: WTC 2-120 Route des Macarons, 06560 Valbonne, France, or by email at contact@nicecactus.gg.

13.2. Participation in tournaments

When a minor declares that he or she is under 12 years of age, access to tournaments is prohibited, in accordance with the rules in effect. For minors over 12 years of age, We ensure that the legal representative(s) have given their consent to their child’s participation in tournaments. 

The legal representative of a minor over 12 years of age must expressly give his or her consent, by giving their written consent and specifying the tournaments in which they do not wish their minor child to participate. This consent must be sent along with a copy of the minor’s ID card and their legal representative’s ID card.

  1. Update of Your data processing conditions

Please note that We may have to amend this Policy. In the event that these modifications seem important to Us, We will make sure to notify You and seek Your consent if necessary.

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