Legal Center

Levent Yakin, Paulsborner Straße 91, 10709 Berlin Charlottenburg-Wilmersdorf, Germany ("warmUP", "we", "us"), is the controller within the meaning of Art. 4(7) GDPR for personal data processed in connection with the warmUP partner portal (Ad Center), partner accounts, and launcher advertising services, unless a separate data processing addendum or written agreement states otherwise.

You can reach us for any privacy matter at [email protected] or +49 176 4013 5150. We have not appointed a statutory data protection officer because we are not required to do so; privacy requests are handled by the operator using the contact details above.

This policy covers two distinct audiences: (a) business partners and their authorised users who access the Ad Center, and (b) end users who receive ads through the warmUP launcher. Where a processing activity applies to only one audience, we say so.

Account and organisation data: name, business email address, authentication credentials (managed by our authentication provider, not stored in plaintext by us), organisation profile, partner code, assigned roles and permissions, workspace membership, notification preferences, and the content of support requests you send us.

Campaign and Ad Center data: campaign drafts and submissions, ad copy, headlines, calls to action, target URLs, uploaded creatives and their metadata, selected placements and durations, review decisions and reviewer notes, booking and order state, and operational audit logs that record who did what and when.

Payment and billing data: booking amounts, currency, order and invoice identifiers, payment status, and timestamps. Card and bank details are entered directly with our payment service provider (Stripe) and are not transmitted to or stored by warmUP; we receive only a payment reference and the settlement result.

Delivery and reporting data: campaign and placement identifiers, impression and click events, view duration, timestamps, aggregated performance metrics, the surface on which an ad was shown, and technical request metadata. We process a hashed (pseudonymised) form of the IP address and the user agent for fraud prevention, frequency control, and abuse detection rather than the raw IP where avoidable. End users do not need a warmUP partner account for Free-mode ad delivery.

Technical and security data: session identifiers, security and fraud-prevention signals, rate-limiting data, error and monitoring logs, and the records required to operate, secure, audit, and improve the platform.

We process personal data to: provide and secure the partner portal and Ad Center; authenticate users and manage roles; receive, review, approve, deliver, pause, and report on campaigns; process bookings and payments where online checkout is enabled; prevent fraud, abuse, and policy circumvention; respond to support requests; send service-related (transactional) notifications; comply with legal, tax, and accounting obligations; and maintain and improve the reliability, safety, and quality of our advertising products.

Consent records: each interaction with our cookie banner on the public Website or the Ad Center is logged with a pseudonymous device identifier, the choice and categories selected, the notice version, the source surface, the page, a truncated IP address, the user agent, and a timestamp, so that we can demonstrate valid consent under Art. 7(1) GDPR (see our Cookie and Local Storage Notice).

Where we introduce optional product analytics, marketing technologies, or campaign-evaluation features, we use them only in line with applicable law and, where consent is required, only after you have given it (see our Cookie and Local Storage Notice and section 9 below).

Art. 6(1)(b) — contract: processing necessary to perform our agreement with you or your organisation, including account access, campaign submission, review, delivery, reporting, and billing.

Art. 6(1)(c) — legal obligation: processing required to comply with law, in particular tax, accounting, and commercial retention duties.

Art. 6(1)(f) — legitimate interests: processing for platform and network security, fraud and abuse prevention, campaign measurement and integrity, service improvement, B2B customer communication, exercising or defending legal claims, and operating Free-mode ad delivery to end users. Our balancing assessment is available on request, and you may object to processing based on legitimate interests in accordance with section 7.

Art. 6(1)(a) — consent: where we rely on consent (for example non-essential cookies, optional analytics, or optional marketing communications), you may withdraw it at any time with effect for the future, without affecting the lawfulness of processing carried out before withdrawal.

We share personal data only where necessary, and we engage service providers (processors under Art. 28 GDPR) for categories such as cloud hosting and databases, object/asset storage, authentication, transactional email, payment processing (Stripe Payments Europe), monitoring and error tracking, and customer support tooling. They process data only on our documented instructions, or under their own legal obligations where they act as independent controllers. A current overview of the processor categories we use is available on request via the contact details above.

We do not sell personal data. We may disclose data to public authorities, courts, or advisers where this is legally required or necessary to establish, exercise, or defend legal claims.

Where personal data is transferred to a country outside the EU/EEA that does not benefit from an adequacy decision, we put in place appropriate safeguards under Art. 46 GDPR — typically the EU Standard Contractual Clauses together with supplementary technical and organisational measures — and we make a copy of the relevant safeguards available on request.

We retain account and organisation data for as long as the account is active and for a reasonable period afterwards to resolve disputes, enforce our terms, and meet legal obligations.

Invoices, bookings, payment records, and other documents subject to commercial and tax law are retained for the statutory periods, which under German law (§§ 238, 257 HGB, § 147 AO) are generally between six and ten years.

Campaign content, creatives, review decisions, audit logs, and reporting data are retained for as long as needed to operate the service, provide historical reporting, and enforce our terms, after which they are deleted or anonymised.

Security and technical delivery logs are kept for limited operational periods and then deleted, unless longer retention is necessary for fraud prevention, incident investigation, or legal claims.

Subject to the conditions of the GDPR, you have the right of access (Art. 15), rectification (Art. 16), erasure (Art. 17), restriction (Art. 18), data portability (Art. 20), and objection to processing based on legitimate interests (Art. 21), as well as the right to withdraw consent (Art. 7(3)).

To exercise any of these rights, contact [email protected]. We may need to verify your identity and, where you act for a partner organisation, your authority to do so. We respond within the statutory time limits.

You also have the right to lodge a complaint with a supervisory authority, in particular in the EU Member State of your residence, place of work, or the place of the alleged infringement. For warmUP, the competent authority is the Berlin Commissioner for Data Protection and Freedom of Information (Berliner Beauftragte für Datenschutz und Informationsfreiheit).

We apply appropriate technical and organisational measures under Art. 32 GDPR, including encryption of data in transit, access controls and role-based authorisation, separation of environments, logging and monitoring, hashing/pseudonymisation of certain identifiers, and least-privilege access for personnel. No system can be guaranteed to be completely secure, but we review and adapt our measures as the platform evolves.

We do not make decisions based solely on automated processing that produce legal or similarly significant effects concerning partners within the meaning of Art. 22 GDPR.

We are developing optional features that may use automated analysis to evaluate campaign performance and interaction patterns (“Kampagnen-Auswertungen”) — for example aggregated metrics, delivery signals, engagement indicators, and comparative performance data — to provide reporting, optimisation suggestions, and operational insights inside the Ad Center. These features are not live today.

When offered, they may process: campaign identifiers and status; impression, click, and conversion-related metrics; placement and inventory metadata; aggregated interaction signals; and technical delivery data linked to campaigns. Legal basis will be Art. 6(1)(b) where processing is necessary to provide agreed Ad Center services, otherwise Art. 6(1)(f) for analytics and product improvement balanced against your rights, and consent where an optional cookie or similar technology is required. Outputs are retained only as long as needed for reporting and product operation, in line with section 6.

We will update this policy and, where required, provide additional notice or a consent mechanism before any such feature goes live.

The partner portal and Ad Center are intended exclusively for business use by adults acting on behalf of an organisation. They are not directed at children, and we do not knowingly collect personal data from children through these services.

We may update this Privacy Policy to reflect changes to our services, processing activities, or legal requirements. The current version is identified by the “Updated” date shown above. Where changes are material, we will provide reasonable advance notice through the portal or by email.

These Terms of Service govern the contractual relationship between Levent Yakin, Paulsborner Straße 91, 10709 Berlin Charlottenburg-Wilmersdorf, Germany ("warmUP"), and the business that registers for and uses the warmUP partner portal and Ad Center ("Partner", "you").

The Ad Center is a business tool for publishers, studios, agencies, and other commercial partners to submit and manage advertising campaigns for warmUP surfaces. It is offered exclusively to entrepreneurs within the meaning of § 14 of the German Civil Code (BGB) and not to consumers. By registering, you confirm that you act in the exercise of your trade, business, or profession and that you are authorised to bind the organisation you represent.

Conflicting, additional, or deviating terms of the Partner do not apply, even if warmUP performs the service without expressly objecting to them, unless warmUP has agreed to them in writing.

You are responsible for the confidentiality of your access credentials, for all activity under your account and the accounts of your authorised users, and for keeping your organisation, billing, campaign, and contact information accurate and up to date.

You must notify us without undue delay if you suspect any unauthorised use of your account. warmUP may suspend access where this is necessary to protect the security or integrity of the platform.

Creating a draft and submitting a campaign for review is a binding offer by the Partner to book the selected placement for the selected duration at the displayed price. A booking contract is concluded only when warmUP approves the campaign and, where online checkout is enabled, payment is authorised or captured. Submission alone does not guarantee approval, delivery, placement, volume, timing, or performance.

warmUP may review, reject, pause, remove, throttle, or request edits to any campaign or creative if, in its reasonable assessment, it violates these terms, the Advertising Terms and Content Standards, applicable law, third-party rights, platform integrity, or user-experience standards.

You must own or hold all rights necessary for the images, names, logos, trademarks, landing pages, and claims you submit, and your ads must be truthful, substantiated, and compliant in every market in which they are delivered.

Placements are priced per calendar day as shown in the Ad Center at the time of booking; the total is the daily price multiplied by the booked duration. All prices are net amounts in euro (EUR) and are exclusive of any applicable value-added tax or other statutory charges, which are added where due.

Where online checkout is enabled, payment is processed by our payment service provider (Stripe) using the payment methods offered at checkout. Payment is due upon booking unless we have agreed otherwise in writing. Invoices are issued electronically.

If a payment is reversed, charged back, or fails after a campaign has been approved or delivered, the corresponding amount remains due, and warmUP may suspend delivery and the Partner account until the matter is resolved and may recover reasonable costs incurred.

No consumer right of withdrawal. The Ad Center is provided exclusively to entrepreneurs (§ 14 BGB). The statutory right of withdrawal for distance contracts under §§ 312g, 355 BGB applies only to consumers and therefore does not apply to bookings made through the Ad Center.

Before approval. While a campaign is still a draft or is pending review and has not yet been approved, you may withdraw it at any time at no charge by deleting the draft or cancelling the submission. No contract has yet been concluded.

After approval but before delivery starts. Once warmUP has approved a campaign, the booking is binding. A request to cancel an approved but not-yet-started campaign may be granted by warmUP at its discretion; in that case warmUP may retain a reasonable administrative fee and any costs already incurred (for example reserved inventory or payment-processing fees).

After delivery has started. Once delivery of a campaign has begun, the booking is binding and cannot be cancelled or refunded, in whole or in part. Because placements and inventory are reserved and progressively consumed for the booked period, no pro-rata refund is granted for the remaining duration, and pausing a campaign at your request does not extend it or reduce the agreed price.

No refunds for Partner-side causes. No refund or credit is owed where a campaign is rejected, paused, throttled, or removed because of a breach of these terms or the Advertising Terms, where the Partner fails to supply compliant creatives or a working landing page, or where the Partner pauses or stops the campaign itself. Performance is not guaranteed: warmUP does not warrant any particular number of impressions, clicks, conversions, reach, or return on investment, and underperformance is not a ground for a refund.

Failure attributable to warmUP. If warmUP materially fails to deliver a paid campaign for reasons within its responsibility, your remedy is limited, at warmUP's choice, to a pro-rata credit or a pro-rata refund for the undelivered portion. This does not limit liability that cannot be limited by law (see section 8).

Chargebacks. Initiating an unjustified chargeback or payment reversal for a delivered or non-cancellable booking is a breach of these terms; warmUP may suspend the account and recover the disputed amount together with reasonable costs.

We aim to keep the partner portal and delivery systems reliable, but we do not guarantee uninterrupted or error-free availability and we do not provide a contractual service level unless separately agreed in writing. Maintenance, technical faults, and force-majeure events may temporarily affect access or delivery.

Features, inventory, placements, surfaces, review standards, pricing, reporting, and delivery rules may change as warmUP evolves. Where a change materially affects bookings that are already approved, we will handle it in good faith and, where appropriate, by credit or rescheduling.

The partner portal, Ad Center, launcher, and all associated software, designs, and trademarks remain the property of warmUP or its licensors. Nothing in these terms transfers any such rights to you.

You retain ownership of the creatives and content you submit. You grant warmUP a non-exclusive, worldwide, royalty-free licence to host, reproduce, format, and display that content for the purpose of reviewing and delivering your campaigns and for the duration necessary to provide reporting and meet legal obligations.

You warrant that your campaigns, creatives, claims, and landing pages comply with applicable law and do not infringe third-party rights, and you will indemnify warmUP against third-party claims arising from a breach of this warranty, including reasonable legal defence costs.

warmUP is liable without limitation for damage arising from injury to life, body, or health, for intent and gross negligence, under the German Product Liability Act, and to the extent it has assumed a guarantee. For slight negligence, warmUP is liable only for breach of a material contractual obligation (an obligation whose fulfilment is essential to the proper performance of the contract and on which the Partner regularly relies), and in that case liability is limited to the foreseeable damage typical for this type of contract.

Subject to the foregoing, warmUP is not liable for indirect, incidental, special, or consequential damage or for lost profits, and warmUP's aggregate liability arising out of a campaign is limited to the amount paid for that campaign. The limitations do not apply where liability is mandatory under applicable law.

The account relationship runs for an indefinite term and may be terminated by either party with reasonable notice; the right to terminate for good cause remains unaffected. Booked campaigns already in delivery are completed and settled in accordance with section 5.

warmUP may suspend or terminate access with immediate effect in the event of a serious or repeated breach of these terms or the Advertising Terms, non-payment, fraud, or a risk to the security or integrity of the platform.

These terms are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

Where the Partner is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with these terms is Berlin, Germany. warmUP also remains entitled to bring proceedings at the Partner's general place of jurisdiction.

Should any provision of these terms be or become invalid, the validity of the remaining provisions is not affected. Amendments and supplements must be in text form; this also applies to any waiver of the text-form requirement.

Ads must be accurate, clearly branded, high quality, relevant to the advertised product, and suitable for a broad gaming audience. Landing pages must match the ad, function reliably, and not hide material conditions, costs, or terms from users.

Ads must not mislead users, imitate system or launcher interface elements, exploit fear or urgency deceptively, conceal that they are advertising, or imply endorsement or partnership by warmUP unless approved in writing.

Creatives must meet the format, aspect-ratio, file-size, and quality requirements shown for the selected placement (Standard, Featured Wide, or Hero). Assets that are broken, low-resolution, cropped incorrectly, or unreadable may be rejected.

Target URLs must use http(s), resolve to the advertised destination, and must not trigger automatic downloads, redirect chains designed to evade review, or malware.

We do not allow illegal products or services, scams, malware, phishing, deceptive or disguised downloads, counterfeit goods, intellectual-property infringement, adult sexual content, hate speech or harassment, extremist or terrorist content, graphic or shock content, the sale of weapons or illegal drugs, unauthorised gambling, predatory or deceptive financial offers, unsafe or unproven health claims, or any content designed to bypass platform review.

Political, election, and issue-advocacy advertising, alcohol, gambling and betting, cryptocurrency and other financial products, health and dietary products, dating, and other age-restricted or regulated categories require prior written approval and may be unavailable depending on market, placement, and audience. Where such ads are permitted, the Partner is responsible for holding all required licences, disclosures, and authorisations and for restricting delivery to eligible audiences and territories.

All factual and performance claims must be truthful and capable of substantiation on request. Comparative advertising must comply with applicable competition law. Pricing, discounts, and offers must be genuine and clearly conditioned.

You must hold all rights to the trademarks, names, logos, characters, music, and other protected material used in your ads, and you must not use third-party intellectual property without authorisation.

Targeting and audience selection must not be used to discriminate unlawfully or to exclude or harm protected groups. Ads in regulated categories must respect age, market, and eligibility restrictions, and must not be directed at audiences for whom the product is unlawful or unsuitable.

warmUP may label ads as sponsored and may explain why a user is seeing an ad where this is required or appropriate. We log impressions, clicks, view duration, campaign status, placement, surface, and technical delivery events for reporting, billing, and system integrity, as described in our Privacy Policy.

We may reject, pause, throttle, remove, or require changes to campaigns at any time where this is necessary to protect users, the platform, or compliance. Serious or repeated violations may lead to account restrictions, cancellation of campaigns without refund (see Terms of Service, section 5), loss of credits, or termination of access. Where we reject or remove a creative, we aim to give the reason so the Partner can correct and resubmit it.

We use cookies, local storage, and similar technologies that are strictly necessary for sign-in, session security, fraud prevention, account routing, active workspace selection, admin-impersonation controls where applicable, upload flows, and the basic operation of the partner portal and Ad Center. Under § 25(2) TDDDG (formerly TTDSG) these are stored without consent because the service cannot function without them.

Non-essential analytics, marketing pixels, or cross-site advertising technologies are not loaded until you choose “Accept all” in our cookie banner, enable analytics in Cookie settings, or otherwise give consent where required. If you choose essential-only or turn analytics off, only essential technologies are used and the app remains fully usable.

Your choice is stored locally with a version key so we can ask again if this notice changes materially. You can change or revoke your choice at any time via Cookie settings in the Site footer, the partner sidebar, or public legal pages. When you withdraw analytics consent, we stop collecting new usage data and delete prior consent-based website traffic linked to your pseudonymous device identifier in our CRM; the consent audit log itself is retained to evidence your choice.

To document that consent was given or refused, as required by Art. 7(1) GDPR, we keep an audit log each time you interact with the cookie banner. This record contains a pseudonymous device identifier generated and stored in your browser's local storage (not linked to your name), the choice made (“Accept all” or essential only) and the corresponding categories, the version of this notice, the page and the source surface (our public Website or the warmUP Ad Center), the truncated IP address, the browser user agent, and a timestamp.

The legal basis is our legal obligation and legitimate interest in being able to demonstrate valid consent (Art. 6(1)(c) and (f) GDPR). These consent records are processed centrally in our internal CRM and retained for up to three years after the consent or its withdrawal so that we can evidence the choice, after which they are deleted or anonymised.

If we later use analytics cookies or similar tools to support the AI-assisted campaign-evaluation or product-analytics features described in our Privacy Policy, we will load them only after consent where required and will describe them here before activation.

The warmUP launcher may store ad creatives and eligibility data locally so that ads and launcher content remain available during offline periods. This cache is refreshed or invalidated when the launcher reconnects and receives updated delivery rules. This local caching is technically necessary for the launcher to function offline.

For Ad Center account administration, campaign review, billing, security, fraud prevention, and platform analytics, warmUP generally acts as an independent controller and determines the purposes and means of processing.

Where a Partner provides personal data that warmUP processes solely to deliver the service on the Partner's behalf and on its instructions, warmUP acts as processor and the Partner acts as controller. This addendum forms part of the Terms of Service for those processing activities and applies in addition to Art. 28 GDPR.

Subject matter and duration follow the underlying agreement and the Partner's use of the service. The nature and purpose of processing is the provision of advertising and reporting services; the types of personal data and categories of data subjects are those the Partner submits or that arise from delivery (for example campaign contacts and end-user delivery events).

When acting as processor, warmUP processes personal data only on the Partner's documented instructions, including this addendum and the configuration the Partner chooses in the Ad Center, unless legally required to do otherwise; in that case warmUP informs the Partner unless the law prohibits it.

warmUP restricts access to authorised personnel bound by confidentiality, applies the technical and organisational measures described in the Privacy Policy and Art. 32 GDPR, assists the Partner with data-subject requests and with its obligations under Art. 32–36 GDPR as far as reasonably possible, supports deletion or return of personal data at the end of the engagement, notifies the Partner without undue delay of any personal-data breach affecting the Partner's data, and makes available the information needed to demonstrate compliance.

The Partner grants general authorisation for warmUP to engage subprocessors for hosting, storage, authentication, email, payment, monitoring, and support. warmUP imposes data-protection obligations on each subprocessor that are no less protective than this addendum, remains responsible for their performance, and will inform the Partner of intended changes so the Partner can object on reasonable grounds. A current overview is available on request.

Where processing or a subprocessor involves a transfer outside the EU/EEA without an adequacy decision, warmUP relies on the EU Standard Contractual Clauses together with appropriate supplementary measures.

Operator: Levent Yakin. Address: Paulsborner Straße 91, 10709 Berlin Charlottenburg-Wilmersdorf, Germany. Phone: +49 176 4013 5150. Email: [email protected].

Commercial register and VAT identification number: not currently applicable. The register court, registration number, and VAT identification number (§ 27a UStG) will be added here once applicable.

Responsible for editorial content: Levent Yakin, Paulsborner Straße 91, 10709 Berlin (Charlottenburg-Wilmersdorf), Germany.

The European Commission provides a platform for online dispute resolution (ODR) at https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in dispute-resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle). This portal is intended exclusively for business (B2B) partners; consumer dispute-resolution rules do not apply to it.

The Ad Center, reports, and support communications support operational campaign management only. They do not constitute legal, tax, accounting, or regulatory advice, and they do not replace professional advice in individual cases.