If you are a resident of the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) with respect to your Personal Data, as outlined below.
For this GDPR Privacy Notice, we use the terms “Personal Data” and “processing” as they are defined in the GDPR, but “Personal Data” generally means information that can be used to individually identify a person, and “processing” generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure. We will be the controller of your Personal Data processed in connection with the Services.
We Collect, Use, Share and Otherwise Process Personal Data:
We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include the following:
- Legitimate Business Interest: We process Personal Data when we believe it furthers our legitimate business interests or the legitimate business interests of third parties. These legitimate business interests include:
- Operation and improvement of our business, products and services
- Marketing our products and services
- Provision of customer support
- Protection from fraud or security threats
- Completion of corporate transactions
- Provision of personalized services
- Consent: In some cases, we may need to process Personal Data based on the consent you expressly grant to us at the time we collect such Personal Data. If we need to process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection.
- Contractual Necessity: We may need to process Personal Data as a matter of “contractual necessity”, meaning that we need to process the Personal Data to perform under our Terms of Service with you, which enables us to provide you with the Services. If we need to process Personal Data due to contractual necessity, failure to provide such Personal Data will result in your inability to use some or all portions of the Services that require such Personal Data.
What Personal Data Do We Collect From You and How Do We Use Your Personal Data?
We collect Personal Data about you when you provide such information directly to us, when third parties such as our business partners or service providers provide us with Personal Data about you, or when Personal Data about you is automatically collected in connection with your use of our Services.
Information we collect directly from you: We receive Personal Data directly from you when you provide us with such Personal Data, which may include:
- First name
- Last name
- Email address
We may collect first name, last name, email address and any other Personal Data you provide if you email us at email@example.com. We have a legitimate business interest in providing customer support, so any Personal Data you provide in an email to us may be used in order to resolve your issues or generally answer your questions. Note, however, that while we will receive your email address if you email us at firstname.lastname@example.org, you do not need to provide your first or last name or any other Personal Data when you contact us, and we will not store any such Personal Data for longer than required to address your issues or concerns.
We may also collect Personal Data that you choose to provide through any voluntary surveys that we may send through the App about your experience with our Services, including gender and age. Providing your email address to us through these surveys is optional. We collect this Personal Data because we have a legitimate business interest in getting your feedback about the Services and improving your experience with the App.
Information we receive from third party sources: Some third parties provide us with Personal Data about you, such as the following:
- Account information for third party services: If you interact with a third party service when using our Services, such as if you use a third party service to log in to our Services (i.e., Facebook), or if you share content from our Services through such third party service, the applicable third party service may send us your Personal Data (specifically your first name, ID, token and profile picture url) if the third party service and your account settings allow such sharing. The Personal Data we receive will depend on the policies and your account settings with the applicable third party service. We collect this Personal Data because we have a legitimate business interest in personalizing the Services. Specifically, this Personal Data permits us to create and manage user profiles and sync your progress when you connect to Facebook through the Services. It also allows us to surface your name on a leaderboard with any other Facebook friends that have also logged in to our Services through their Facebook accounts.
- Information from other third parties: We may access or receive Personal Data about you from some of our service providers (e.g., Helpshift, which provides customer support, or our payment processors) who assist us in providing our Services to you. We use this Personal Data because we have a legitimate business interest in addressing any customer support issues or addressing payment disputes. We do not request or otherwise access this Personal Data from our service providers unless there is a customer support issue or payment dispute.
- Information from our advertising partners: We receive Personal Data about you from some of our service providers who assist us with marketing or promotional services related to how you interact with our websites, applications, products, services, advertisements or communications.
Information we automatically collect when you use our Services: Some Personal Data is automatically collected when you use our Services, such as the following:
- IP address when you use the App (as part of conventional server log processing)
- Device identifiers / Ad IDs (IDFA/IDFV)
- Log data (e.g., access times, hardware and software information)
We collect these categories of Personal Data because we have a legitimate business interest in operating and improving our business, products and services; specifically, this Personal Data is used to conduct data analysis to better understand user preferences; protect against or deter fraudulent, illegal or harmful actions; enforce our Terms of Service; comply with our legal or contractual obligations; and personalize the Services. We also use “cookies” and other tracking technologies (e.g., web beacons and pixel tags) to collect Personal Data. Cookies allow us to recognize your browser or device and “remember” your browser during subsequent visits for purposes of functionality, preferences, and website performance, and they also tell us how and when pages and features in our Services are visited and by how many people. We do not use IP addresses, and we delete any IP addresses stored on our system every seven (7) days.
- Ad networks
- Analytics service providers
- Staff augmentation and contract personnel
- Hosting service providers
- Cloud service providers
- Customer support
- Mobile ad mediation services
If we partner with third parties that offer applications that you may also be interested in using and you choose to download and use those third-party applications, we will share your Personal Information (e.g., IDFAs) with that third party only to the extent that it is necessary for you to use the third-party application and to measure the effectiveness of the joint advertising campaign. We have no control over the policies and practices of third parties as to privacy or anything else, so if you choose to download and use any third-party applications, please review all relevant terms and policies posted by those third parties.
Furthermore, if we choose to buy or sell assets, user information (including Personal Data) is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information (including Personal Data) would be one of the assets that is transferred or acquired by a third party, and we would share Personal Data with the party that is acquiring our assets. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Data as set forth in this policy.
Other Processing Grounds: From time to time we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.
How Long Do We Retain Your Personal Data? We retain Personal Data about you for as long as you have an open account with us or as otherwise necessary to provide the Services to you and improve the Services for all users generally. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. Afterwards, we retain some information in a depersonalized or aggregated form but not in a way that would identify you personally.
Personal Data of Children: We do not knowingly collect or solicit Personal Data from anyone in the EU under the age of 16. If you are under 16, please do not attempt to register for the Services or send any Personal Data about yourself to us. If we learn that we have collected Personal Data from a child under age 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us Personal Data, please contact us at email@example.com.
What Rights Do You Have Regarding Your Personal Data? You have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please email firstname.lastname@example.org. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.
- Access: You can request more information about the Personal Data we hold about you and request a copy of such Personal Data by emailing us at email@example.com.
- Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such Personal Data by emailing us at firstname.lastname@example.org.
- Erasure: You can request that we erase some or all of your Personal Data from our systems.
- Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such Personal Data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Services.
- Portability: You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the Personal Data to another controller where technically feasible.
- Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes.
- Restriction of Processing: You can ask us to restrict further processing of your Personal Data.
- Right to File Complaint: You have the right to lodge a complaint about our practices with respect to your Personal Data with the supervisory authority of your country or EU Member State.
Contact: You may contact us at the following address: 68 Jay Street, Suite 616, Brooklyn, NY 11215