Privacy Notice
Last Updated: October 10, 2021
Please read this Privacy Notice and Policy (“Policy”) carefully. It applies to all information DGN Games LLC and its affiliated entities (collectively “Company”, “we”, or “us”) collect from you through our web sites and game applications (collectively “Services”). Company is a developer and distributor of digital games via applications available on the Facebook platform, and via the app stores of Google, Apple, and Amazon.
This Policy describes:
· the information we collect, how we collect it, and why;
· how we use and share that information;
· how you can access and update that information;
· the choices you can make about how we collect, use, and share your information; and
· how we protect information.
We, DGN Games LLC, P.O. Box 92166, Austin, TX, 78709-2166, or any of our affiliated entities notified to you from time to time, are the responsible controller of your Personal Information processed in connection with the Services.
If you have any questions or complaints about this Policy or want to assert any of your rights as set out below, you can contact us under the contact details set out in Section 14 below, or if the GDPR is applicable to the processing of your Personal Information, through gdpr@dgngames.com or our European Union ("EU") Privacy Representative under: https://www.verasafe.com/privacy-services/contact-article27-representative/ (for more details see Section 8.1 GDPR below).
You are not under any statutory or contractual obligation to provide us with your Personal Information and any Personal Information is provided by you at your own free choice. If you do not want us to collect, use, or share your Personal Information in the ways described in this Policy, you should not access or use the Services. If you do not provide us with your Personal Information as set out in this Privacy Policy, we may not be able to offer the Services to you. By accessing or using the Services, you expressly acknowledge and, if effective under applicable law, agree to the terms of this Policy and that we will process your Personal Information as specified herein.
By using the Services, you further acknowledge that your Personal Information will be stored on our databases and we will process and use your Personal Information in the State of Israel and in the United States ("US"), and any other country where we operate. Please be aware that the privacy laws in certain countries, including the rights of authorities to access your Personal Information, may differ from those that apply in the country in which you reside. We will transfer Personal Information outside your territory only to the extent we are permitted to do so by law, and we will take steps to ensure that your Personal Information continues to enjoy appropriate protections. Please read on to learn more about how we protect your Personal Information.
1. What is Personal Information?
"Personal Information" means any information that specifically identifies an individual such as a name, address, telephone number, mobile number, or e-mail address, or information about an individual that could be directly linked to such identifying information such as device IP address and geo-location information ("Device Information"). Personal Information does not include “Usage Information” (meaning anonymous site usage information such as visit statistics, page views, device type, etc.), unless such information is connected to your Personal Information.
For purposes of this Privacy Notice, the term Personal Information includes personal data as identified in Article 4 (1) of the EU General Data Protection Regulation ("GDPR"), where applicable.
2. Personal Information Collected on Our Services
2.1 Categories of Personal Information processed
In addition to the Personal Information named in other sections of this Privacy Notice, we may collect and process the following categories of Personal Information:
· Contact information, such as name, mobile phone number, email address, mobile device unique identifier and IP address and other online identifiers.
· User account information, such as username and profile picture.
· Information about your interests and preferences and other information obtained by tracking-, analytics and other technologies.
· Demographic information, such as your age, gender and geo-location.
2.2 Sources of Personal Information processed
(a) Personal Information You Provide To Us
We will ask you to provide your Personal Information required to set up your user account and provide the Services to you. You may further choose to provide additional Personal Information to us through or in connection with the Services, e.g. when you request information from us, contact us, or submit comments. If you do not want your Personal Information processed by us, please do not submit it.
You may also elect to participate in certain activities on our Services that let you publicly communicate or share information such as player profiles, message boards, chat or messaging features, or gifting/invitation-sending features. If you participate in these activities, we will collect and process any or all of the information you submit for the purposes set out herein and to the extent required to provide the Services to you, even if submitted through a player-to-player messaging system.
Where required, we will obtain your consent prior to collecting and processing any Personal Information provided by you.
(b) Personal Information Collected by Automated Means
Whenever you use the Services, the Company, as well as any third-party advertisers and/or service providers, may automatically collect Usage Information and Device Information, including Personal Information. The technologies used on the Services to collect this information may include, without limitation, web beacons, cookies, analytics-, tracking and other technologies. Web beacons (also known as Internet tags, pixel tags, tracking beacons and clear GIFs) are clear/transparent graphic images placed on a web page or email which gather Usage Information and Device Information. Cookies are data files placed on a device when it is used to visit the Services. When we refer to cookies, we also mean web beacons, analytics-, tracking and other technologies that collect information in a similar way to cookies ("Cookies"). Please refer to our Cookie Policy (under section 7 below) for further information.
Where required, we will obtain your consent prior to collecting and processing your Personal Information by automated means.
(c) Personal Information Collected from Other Sources
We may collect Personal Information from other sources including public records and business partners typically acting with your consent.
We will also collect and process your Personal Information when you access the Services through a social networking site, such as Facebook, or through the Facebook Connect functionality, including any or all of the following information: your name; your profile picture; your social network ID number; your friends’ public profile data on the social networking site; your email address; your location; your gender; your birthday or age; and any other information that the social networking site chooses to share with us. If you access the public areas of the Services through a social networking site or application, we may post your profile information and picture as allowed by the social networking site. Please refer to the privacy notice of the respective social networking site for further details on how your Personal Information is shared with us.
We also may supplement and combine the Personal Information we collect about you through the Services with other information we receive from third parties in order to enhance our ability to serve you, to tailor our content to you, and to market products and services to you. In those cases, we will apply this Policy to any Personal Information received, unless we have disclosed otherwise.
3. How We Use your Personal Information
When you access or use the Services, we collect, use, share, and otherwise process your Personal Information as described in this Policy. We will use Personal Information and other information we collect through the Services:
· to provide the Services and information you request, including technical support;
· to process your transactions through the Services;
· to contact you about your use of the Services;
· to respond to your emails, questions, comments, and complaints, and to otherwise provide customer service;
· to personalize and improve the Services and the quality of your experience of the Services, and to deliver, customise and develop advertisements, content, or features that match our users’ interests;
· to monitor and analyse Usage Information and otherwise measure the effectiveness of the Services;
· to send you confirmations, updates, security alerts, and support and administrative messages, to detect and prevent fraud, and to otherwise facilitate your use of, and our administration and operation of, the Services;
· to establish, exercise and defend legal claims;
· to analyse and address prohibited activities, maintaining and protecting the security of our Services; and
· to notify you about important changes to our Services.
We may also ask for your consent for a specific purpose to process your Personal Information that we communicate to you.
Profiling and automated processing: Collecting information about your preferences on the basis of your activities when you use our Services. On the basis of this information (e.g. which content is downloaded, clicked or viewed for how often and how long), we create a user profile to personalise and foster the quality of our communication and interaction with you. The logic behind our profiling activities is to identify areas which may be useful or otherwise of interest for you and to inform you about such areas in a more effective and targeted way. The algorithms used apply this logic and automatically deliver the targeted content or information to you. We will not use your Personal Information for taking any automated decisions which produce legal effects concerning you or significantly affect you.
4. What Personal Information do we share with third parties?
We may share non-Personal Information, e.g. Usage Information, and your Personal Information with third parties as follows:
4.1 Third Parties Providing Services on Our Behalf
We may share your Personal Information with third parties that perform services on our behalf (or on behalf of our partners), such as companies that host or operate our Services; provide customer service; provide crash reports; manage payments; and provide marketing services to us. Such third parties are obligated to maintain the confidentiality of your Personal Information, and only use it to provide services on our behalf and as directed by us. We will use appropriate safeguards as required by applicable law to ensure the integrity and security of your Personal Information when engaging such third parties.
4.2 Your Agreement to Have Your Personal Information Shared
While on our Services, you may have the opportunity to opt-in to receive information and/or marketing offers from someone else or to otherwise consent to the sharing of your Personal Information with a third party. You also have the option to link your user account with your social media site. If you agree or decide to have your Personal Information shared in this way, your Personal Information may be disclosed to the third party and the Personal Information you disclose will be subject to the privacy policy and business practices of that third party.
4.3 Other Users
We may publish Personal Information you provide in your user account (e.g. user name and profile picture) on our Services to inform on e.g. game results and scores achieved by you. This Personal Information will be visible to other users.
4.4 Business Transfers
We may also share your Personal Information with our affiliated entities, if and to the extent required for our purposes and legally permitted, and such entities may use your Personal Information in accordance with this Privacy Notice. As we continue to develop our business, we may sell or purchase assets. If another entity acquires us or all or a portion of our assets, Personal Information and any other information that we have collected through the Services may be disclosed to such entity as part of the due diligence process, and will be transferred to such entity as one of the transferred assets. Also, if any bankruptcy or reorganization proceeding is brought by or against us, all such information may be considered an asset of ours, and as such, may be sold or transferred to third parties.
4.5 Legal Disclosure
We may transfer and disclose information, including your Personal Information, to courts, regulators, law enforcement or other competent authorities or legal advisors and to other third parties if legally permitted and necessary to comply with any legal obligation; at the request of governmental authorities conducting an investigation or otherwise requiring disclosure (including without limitation to meet any contract obligations, law enforcement requirements and for the purposes of national security); to verify or enforce our Terms of Service; for the establishment, exercise or defence of legal claims; or to otherwise protect the rights, property, safety, or security of us, the public and/or other users of our Services.
5. How Long We Keep Your Personal Information
The amount of time we will retain your Personal Information depends on why we collected it and how we use it. We will never retain your Personal Information for longer than we are allowed under applicable law, and otherwise, will not generally retain your Personal Information for longer than is necessary to accomplish our business purposes and protect our legal rights. Your Personal Information will be promptly deleted when it is no longer required for these purposes.
6. Your Access and Choices
6.1 Accessing and Updating Your Information
If you want to review, change, or have additional questions and requests, e-mail us at support@dgngames.com. We will normally respond to your request within ten (10) days. Depending on the nature and scope of your request, we may require that you confirm your identity by providing two of the following documents: birth certificate, passport, driving license, or utility bill showing name and address.
To manage the information we receive about you from a social networking site, like Facebook, where you access or use our Services, you will need to follow the instructions at that site for updating your information and changing your privacy settings. The privacy management tools for applications on Facebook can be found here. Please log in to your Facebook account to manage your privacy settings.
6.2 Stopping Use of Your Information
If you no longer want us to make active use of your information, you may send an e-mail to support@dgngames.com requesting deletion of your information. We will respond to your request within ten (10) days. Please note that data that has been aggregated or de-identified so that it cannot be associated with a particular user will be maintained for legal, business and accounting purposes..
6.3 Opt-Outs
You may opt out of receiving marketing communications from us by sending us an e-mail at support@dgngames.com, or by following the unsubscribe instructions in any marketing communication that you receive. Your opt-out request will normally be processed within ten (10) days of the date we receive it. Note that if you opt-out of marketing communications, we may still e-mail or communicate with you if we need to provide you with information about the Services, your transactions with the Services, or for any other legitimate non-marketing purposes.
When you install our apps on your mobile device you may receive push notifications from us, which are messages an app sends you on your mobile device even when the app is not active. You can turn off push notifications by visiting your mobile device's "settings" page.
When you have opted-in to receiving SMS messages (i.e. text messages) from us as provided in our Terms of Service, you can opt out of receiving the SMS messages by texting back STOP to the number we send the text from for that particular SMS message program. When we receive an opt-out message from you for SMS messages, we may send a message confirming our receipt of your opt- out.
For further information on how to opt out of Cookies please refer to our Cookie Policy (under section 7 below).
7. Cookie Policy
7.1 Our use of Cookies
We use Cookies to recognize your logged-in state on Services, to understand what Service features visitors are interested in, to make the Services function for you, and to help your browsing experience and use of the Services feel more customised. We divide Cookies into categories depending on their function and purpose as described in the following.
First- and Third-Party Cookies
First-party Cookies are Cookies that we set on our Services and in connection with our content and advertisements that appear on third-party Services. Our Services may contain Cookies from third-party providers, so-called third-party Cookies. Please visit the websites of the third-party providers to obtain further information on how they use the Cookies. You can find information about the third-party Cookies on our Services in the description below.
Security and Authentication (Strictly Necessary Cookies)
Some Cookies are strictly necessary and vital to ensuring that the Services work properly for visitors, such as maintaining the security, safety, and integrity of the Services, authentication and logging into Services (including remembering permissions and consents you have granted), and ensuring the ability to securely complete transactions. Without these Cookies, our Services won't work properly. Accordingly, we are not asking you for your specific consent for those Cookies. For all other Cookies your informed consent is required.
Account and User Preferences (Functional/Persistent Cookies)
Some Cookies are used to remember your account and user preferences over time, such as remembering your account or keeping yourself logged in when returning to the Services, and maintaining your choices with respect to Service features, and customizing content based on how you use the Services. These Cookies remain on your device and enable us to recognize you the next time you use our Services.
Social Networks (Social Media Plugin)
Some Cookies help you to interact with social networks you are signed into while using the Services, such as sharing content with the social network, logging in with the social network, and other features you employ with the social network, or that are allowed in the social network’s privacy policy. These may be set and controlled by the social networks, and your preferences with those social networks.
Performance and Analytics (Analytics/Performance Cookies)
Some Cookies help provide performance data on how the Services are functioning in order to improve the Services, including, for example, data on site and app functionality and speed to help us optimize the Services, and detect and gather reports on bugs to help make the Services work better. These Cookies also help us understand how the Services are used by our visitors.
Marketing Services (Targeting Cookies)
Our Targeting Cookies are placed on your device by us (or third parties operating on our behalf). Additionally, we partner with third parties that may use Targeting Cookies to permit us and them to learn about what ads you see and click when you visit the Services, or to show you ads on and off Services. These may include things such as:
· Frequency capping, which limits the number of times a user’s browser or mobile device displays the same ad;
· Attribution tracking, which estimates what advertising or marketing source brought someone to the Services, or determines what marketing source led to actions like a visit or a purchase;
· Remarketing, which shows relevant ads to an audience based on prior browsing patterns on Services;
· Audience targeting, which refers to targeting advertisements to a large audience based on the audience’s known or inferred demographics; and
· Cross-device recognition, which recognizes actions across multiple devices or browsers.
Some third parties may provide information like demographics, cross-device information, or interest categories from a combination of sources that, while not identifying you personally, permit us to provide you with more relevant and useful advertising. In some cases, this information may have non-marketing performance analytics uses as well.
These technologies allow our partners to recognize your computer or mobile device each time you visit the Services based on data like a Cookie, your IP address, or device ID, but do not allow access to other Personal Information from us. However, these technologies may allow us or a third party to recognize you, either from a single device or across devices, over time. These third parties are required to follow applicable laws, self-regulatory programs, and our data protection rules where applicable. However, we do not have control over these third parties, who each have their own privacy policies and privacy practices.
7.2 Cookies we use
The table below explains the Cookies we may use and why. You can learn more about how third parties use information collected through Cookies by reviewing the privacy policies on their sites.
|
Cookie |
Cookie name |
Purpose |
|
|
fbp; fr |
These Cookies are used to place advertising content onto Facebook that is relevant to you based on your browsing patterns on our Services. This information is never connected to your profile and it is always anonymous. Please follow this link for more information or to change your preferences on Facebook: https://www.facebook.com/help/568137493302217 |
|
Google Analytics |
_ga; _gat; _gid |
These Cookies are used to collect information about how visitors use our Services. We use the information to compile reports and to help us improve the Services. The information we collect is anonymous and is used to monitor the performance of our Services and to measure user engagement. We share the anonymised information with selected third parties to assist us in understanding the effectiveness of our Services and marketing. Please follow this link for more information on the Cookie and privacy policy of this third-party service provider: https://support.google.com/analytics/answer/6004245 |
7.3 Options for managing Cookies
You are not obliged to accept a Cookie and you can modify your browser so that it will not accept Cookies. Most internet browsers allow you to: (i) change your browser settings to notify you when you receive a Cookie, which lets you choose whether or not to accept it; (ii) to disable existing Cookies; or (iii) to set your browser to automatically reject any Cookies.
Every browser differs in the way it manages the cookie settings. This is described in every browser’s help menu, which explains how you can change your cookie settings. You will find these for the respective browsers under the following links:
· Google Chrome
· Microsoft Internet Explorer
· Mozilla Firefox
· Opera
To find information relating to other browsers, please visit the browser developer's website.
Please be aware that certain portions of the Services may not work properly for you, or provide personalized or customized content, if you take these steps.
Aside from any specific opt-outs or general browser setting we have provided above, you can use the following options for managing Cookies.
You may opt out of Flash Cookie placement at http://helpx.adobe.com/flash-player/kb/disable-third-party-local-shared.html.
You can opt out of some third-party advertising programs that use your information. To do so, please visit the NAI Opt-Out Page: http://www.networkadvertising.org/managing/opt_out.asp. In order to opt- out of sharing your geolocation and other data with us from your mobile device, you can visit the "settings" page of your mobile device and review the information sharing permissions of each application or "app."
We adhere to the Digital Advertising Alliance Self-Regulatory Principles for Online Behavioral. Advertising (also referred to as "interest-based advertising") and respects the DAA's consumer choice tool for you to opt out of interest-based advertising at https://optout.aboutads.info.
If you do not wish to have your information used for the purpose of serving you interest-based advertisements, you may decline to receive interest based ads through TrustE/TrustArc's preferences manager (or if you are located in the EU click here). Please note this does not stop you from being served advertisements. You will continue to receive generic advertisements.
For Google Analytics Advertising Features, you can opt-out through Google Ads Settings, Ad Settings for mobile apps, or any other available means (for example, the NAI's consumer opt-out listed above). Google also provides a Google Analytics opt-out plug-in for the web.
If you access Services through our mobile applications, you may also control interest-based advertising on an iOS or Android device by selecting the "Limit Ad Tracking" option in the privacy section of the Settings App on iOS or via advertising preferences on Android-based devices (usually in the Google Settings app). This will not prevent you from seeing advertisements, but will limit the use of device advertising identifiers to personalize ads based on your interests.
8. Additional information for specific jurisdictions
The following additional information on the processing of your Personal Information applies if the processing of your Personal Information is subject to the following specific jurisdictions.
8.1 General Data Protection Regulation (EU) 2016/679 ("GDPR")
(a) Our authorised EU representative
If you have any questions or complaints about this Policy or want to assert any of your rights as set out below, you can contact us through gdpr@dgngames.com or through our EU representative under:
https://www.verasafe.com/privacy-services/contact-article27-representative/
Alternatively, our EU representative VeraSafe can be contacted as follows:
· In the Czech Republic: Matthew Joseph Zahradníčkova, 1220/20A Prague 15000, Czech Republic
· In the Republic of Ireland: VeraSafe Ireland Ltd., Unit 3D North Point House, North Point Business Park, New Mallow Road, Cork T23AT2P Ireland
· Via phone: +1-617-398-7067
You have the right to file a complaint against us through VeraSafe's Privacy Dispute Resolution Program (this platform can also be used if the processing of your Personal Information is subject to Swiss data protection laws):
https://www.verasafe.com/privacy-services/dispute-resolution/submit-dispute/
(b) On which bases do we process your Personal Information?
We may rely on a number of legal bases to use your Personal Information. These legal bases include where:
· necessary to perform the contractual obligations in our Terms of Service or in order to take steps at your request prior to entering into such a contract;
· necessary in order to provide the Services to you;
· you have provided your specific or, where necessary, explicit, consent to the processing, which you can revoke at any time;
· necessary to comply with a legal obligation, a court order, or to exercise or defend legal claims;
· necessary for the purposes of our or a third party's legitimate interests, such as those of other visitors or our vendors, which may include our legitimate interests in complying with our statutory obligations and preventing fraud or other criminal activities, our commercial interests in operating our business in a professional, suitable manner, in accordance with all relevant legal and regulatory requirements, provided that such interests are not overridden by your interests or fundamental rights and freedoms, necessary in the public interest; or
· necessary to protect your vital interests, or those of others.
(c) Your Data Protection Rights
At any point while we are processing your Personal Information, you, the data subject, have the following rights subject to applicable law:
· Right of access – you have the right to request a copy of the Personal Information that we hold about you.
· Right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete.
· Right to be forgotten – in certain circumstances you can ask for the data we hold about you to be erased from our records.
· Right to restriction of processing – where certain conditions apply you have a right to restrict the processing.
· Right of portability – you have the right to have the data we hold about you transferred to another organization.
· Right to object – you have the right to object to certain types of processing such as direct marketing.
· Right to withdraw consent - if you have given us your consent for the processing of your personal data, you may withdraw your consent at any time with future effect, i.e. the withdrawal of the consent does not affect the lawfulness of processing based on the consent before its withdrawal. If you withdraw your consent, we will only continue processing your Personal Information where there is another legal ground or where we are legally required to do so.
· Right to lodge a complaint with a supervisory authority - if you are not satisfied with our response or believe we are not processing your personal data in accordance with applicable privacy laws you have the right to lodge a complaint with the competent data protection supervisory authority.
All of the above requests will be forwarded on should there be a third party involved in the processing of your Personal Information.
(d) Data transfer outside the EU, EEA and the UK
The Services are operated in the US and other countries outside of the EU, the European Economic Area ("EEA") and the United Kingdom ("UK"). When we transfer Personal Information outside of the EEA, the EU and the UK we do so in accordance with the terms of this Policy and applicable privacy laws. This may include the transfer of Personal Information in accordance with the adequacy decision of the European Commission on the basis of Article 45 of the GDPR.
The European Commission has adopted standard contractual clauses (also known as Model Clauses), which provide safeguards for Personal Information that is transferred outside of the EU, EEA and the UK. We often use these Model Clauses when transferring Personal Information outside of the EU, the EEA and the UK.
8.2 California Consumer Privacy Act of 2018 ("CCPA")
If you are a California resident and you decide that you do not want us to share your Personal Information with third parties for their marketing purposes, please send an e-mail to support@dgngames.com. In this e-mail, state that you would like the Company not to share your Personal Information with third parties for their marketing purposes. Your opt-out request will be processed within thirty (30) days of the date of which we receive it.
Some web browsers incorporate a "Do Not Track" feature that signals to web sites that you visit that you do not want to have your online activity tracked. Please note that Company does not interpret or respond to "Do Not Track" signals.
9. Links to Other Sites
The Services may provide links to other web sites that we do not own or operate. We do not control, recommend, or endorse, and are not responsible for, these websites or their content, products, services, or privacy practices.
10. How We Protect Personal Information
We maintain certain administrative and technical safeguards to help protect against loss, or unauthorized access to or disclosure, of your Personal Information. However, no electronic data transmission or storage of information can be guaranteed to be 100% secure. We cannot ensure or warrant the security of any information you transmit to us, and your use of the Services is at your own risk.
11. International Operations and Transfers of Personal Information
Please be aware that Personal Information we collect will be transferred to and processed in the State of Israel and in the US and other countries outside of your residency. By using the Services, providing us with any Personal Information, or opting in to this Policy by means of any mechanism we provide, you acknowledge and, if effective under applicable law, agree to the collection, processing, maintenance, and transfer of such information in and to the US and other territories in which the privacy laws may not be equivalent to those in the country where you reside and/or are a citizen.
When we transfer your Personal Information internationally we will take reasonable steps to ensure that your Personal Information is treated securely, lawfully and in the manner we describe in this Policy.
We provide voluntary Services; you can choose whether or not you want to use the Services. However, if you want to use the Services, you need to agree to our Terms of Service, which set out the contract between us and our Service users. As we operate in countries worldwide (including in the US) and use technical infrastructure in the US to deliver the Services to you, in accordance with the contract between us, we need to transfer your Personal Information to the US and to other jurisdictions as necessary to provide the Services.
12. Children
The Services are not directed to children under 18. We do not knowingly collect Personal Information from anyone under 18 years of age. If we determine upon collection that a user is under this age, we will not use or maintain his/her Personal Information.
13. Updates to Our Privacy Policy
This Policy may be updated periodically and without prior notice to you, and any changes will be effective immediately upon the posting of the revised Policy through the Services. However, we will use your Personal Information in a manner consistent with the Policy in effect at the time the Personal Information was collected, unless you consent to its use in accordance with a new or different version of the Policy. We will always indicate at the top of this Policy when it was most recently updated.
14. How to Contact Us
If you have any questions or comments about this Policy, please contact us at support@dgngames.com; DGN Games LLC, P.O. Box 92166, Austin, TX, 78709-2166.
15. Governing Law
This Notice shall be governed by and construed and enforced in accordance with the laws of the State of Texas in the United States of America as applied to agreements entered into and to be performed entirely within such State, without regard to the conflict of law principles applied therein.