Terms of Service & Privacy Policy
Terms and Conditions
Last Modified:
IMPORTANT - READ CAREFULLY: This Terms of Use ("Terms") is a legal agreement between you and Gamularity BV (“Gamularity”) and governs the use by "you" of Gamularity’s website, services, forums, games and applications (collectively, the "Services"). By using the Services you agree to these Terms. If you do not agree to these Terms, do not purchase or use the Services.
BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
PLEASE REVIEW Gamularity’S PRIVACY POLICY, WHICH IS INCORPORATED INTO THESE TERMS BY REFERENCE
1. LICENSE AND RESTRICTIONS.
Subject to these Terms, Gamularity grants you a non-exclusive, limited, revocable, non-transferable license to use the Services for your personal, non-commercial use. You may not: (a) modify, translate, reverse-engineer, reverse-compile or decompile, disassemble, create derivative works of, or use data gathering or extraction tools in connection with the Services; (b) reproduce, duplicate, copy, sell, resell, or otherwise exploit the Services, in whole or in part, for any purpose without Gamularity’s express written consent; (c) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without the express written consent of the respective owner; (d) use any data mining tools or automation tools such as spiders, crawlers, scripts, bots, or any automated method of recording information; (e) use any meta-tags or any other "hidden text" utilizing “Gamularity,” its affiliates, partners or artists without Gamularity’s express written permission; or (f) engage in any conduct in connection with the Services that may be considered illegal or tortious including, without limitation, “hacking” the Services, or infringing the intellectual property or other proprietary rights of Gamularity or third-parties.
Additionally, where the Services are a downloadable game and/or application (“App”), Gamularity grants you a non-exclusive, non-transferable, revocable, limited license to use the App for your personal, non-commercial use on authorized devices, unless otherwise specified. The App may not be copied, resold, or sublicensed. These Terms apply to all versions and updates to the App, including, without limitation, free and paid versions.
The App may include measures to control access to the App (including age controls), prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under these Terms. You may not take any action to circumvent or defeat such security features. If you disable or otherwise tamper with the technical protection measures, your license to use the App or other Services shall be considered automatically revoked.
2. THIRD-PARTY PRODUCT, SERVICES AND LINKS.
Gamularity may offer third-party products through the Services. You assume all risks and liabilities associated with the use of any such third-party products. Additionally, your rights and obligations regarding such products or services will be governed by the separate terms of use and privacy policies of the applicable third-party provider.
The Services may include hyperlinks to other websites over which Gamularity has no control. Gamularity is not responsible for the availability of such external sites or resources and will not be responsible or liable for any content, advertising, products, or other materials on or available from such third-party websites or resources.
3. ACCESS TO THE SERVICES.
By using the Services, you affirm that you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live) or that you have reviewed these Terms with your parent or guardian and he or she assents to these Terms on your behalf and takes full responsibility for your compliance with them. If you are under the age of 13, you must have permission from your parent or guardian in order to use the Services. If you do not have permission from your parent of guardian, certain features and functionality of the Services may be disabled. Information regarding use of your personal information can be found in Gamularity’s Privacy Policy or in the privacy policy specific to the Service you are using.
You may be required to register an account before using certain Services ("Account"). You may also be required or have the option to access the Services through a social networking service ("SNS"). Your Account is personal to you, and you may not rent, lease, sell, trade, gift, bequeath, or otherwise transfer it to anyone else. You agree to provide true and complete information about yourself when you register your Account and to keep it up to date. You may not have more than one Account or access the Services through more than one SNS at any given time. You are solely responsible for maintaining the confidentiality of your password and user name and for any activities that occur under your Account. Gamularity does not authorize use of automated methods to sign up for an Account, and Gamularity reserves the right to immediately terminate your access to the Services or your Account if you breach these Terms or otherwise violate any applicable law, rule, or regulation in your jurisdiction.
By using the Services and providing us with your contact information, you explicitly consent to receive communications from us. If you would not like to receive such communications, please review Gamularity’s Privacy Policy and opt-out procedures.
4. IN-GAME VIRTUAL CURRENCY AND VIRTUAL ITEMS.
The Service may include an opportunity for you to earn, buy or otherwise obtain in-game currency ("Virtual Currency") to access virtual, in-game digital goods or items ("Virtual Items"). Methods of obtaining Virtual Currency are at Gamularity’s sole discretion. Virtual Currency and Virtual Items are not real currency, do not have monetary value, and may not be redeemed for legal currency, or items of value outside of the Services.
Virtual Currency and Virtual Items obtained via the Service are provided to you under a limited, personal, revocable, non-transferable, non-sublicenseable license to use within the Service. You have no property interest, right or title in or to any Virtual Currency or Virtual Items appearing or originating in the Service, and they may not be transferred or resold in any manner, including, without limitation, by means of any direct sale or auction service.
You agree that all sales of Virtual Currency and Virtual Items are final. No refunds will be given, except in Gamularity’s sole and absolute discretion. Gamularity has no liability for hacking or loss of your Virtual Currency or Virtual Items or any goods or services obtained via Virtual Currency. Gamularity has no obligation to, and will not, reimburse you for any Virtual Currency or Virtual Items obtained via Virtual Currency. Gamularity reserves the right, in its sole discretion and without prior notification, to change or limit the price, availability, or order quantity of any Virtual Currency or Virtual Items and to refuse to provide you with any Virtual Currency or Virtual Items.
Virtual Currency may have an expiration date. If your Virtual Currency or Virtual Items expire and you still have an active Account, Gamularity may offer conversion of such Virtual Currency into Virtual Items for you in its sole discretion, however Gamularity is under no obligation to do so. Virtual Currency and Virtual Items may be forfeited if: (a) your Account or access to the Services is terminated or suspended for any reason; (b) you breach these Terms; (c) Gamularity discontinues availability of the Service; or (d) you disassociate from the Service.
5. ONLINE CONTENT AND CONDUCT.
The Services may include opportunities, through your Account or SNS, to chat or participate in blogs, message boards, online forums and other functions that provide you with the opportunity to create, submit, post, display, transmit, perform, publish, or distribute to the world ("Forum(s)") links, writings, photos, graphics, or other material ("Forum Content"). All Forum Content posted by you to any Forum shall be your sole responsibility.
The Forums shall be used only in a noncommercial manner. Gamularity has the right, but not the responsibility, to monitor or remove Forum Content that Gamularity believes to be harmful, offensive, or otherwise violates these Terms, without liability to you. Gamularity in its sole discretion, reserves the right to restrict or disable your use of the Forums.
By submitting Forum Content to any Forum, you warrant that you have all necessary rights to submit the Forum Content without any restrictions of any kind, and grant to Gamularity a fully paid, royalty-free, non-exclusive, irrevocable, worldwide, unconditional, perpetual, right and license to use, reproduce, modify, publically display and perform, make derivatives works of, sublicense, and distribute all such Forum Content in all media now known or later developed, and/or to incorporate such materials in other works in any form, media, or technology now known or later developed.
Any opinions, advice, statements, services, offers or other information or content expressed or made available by third-parties in the Forums, are those of the respective authors and not of Gamularity or its affiliates, and Gamularity is not responsible for the accuracy or reliability of same. Gamularity makes no representations or warranties regarding the Forums.
All Forum Content posted by you to any Forum shall be your sole responsibility. You may not:
- a) Use the Services of Forums in any manner which violates applicable laws or regulations;
- b) Post or transmit any Forum Content that: (i) violates a third party's rights or dignity, including any contract, privacy, publicity or intellectual property rights; (ii) is deceptive, untrue, harassing, libelous, defamatory, abusive, tortious, threatening, harmful, obscene, indecent, hateful, bigoted, racist or pornographic; (iii) would constitute or encourage a criminal offense; (iv) contains any viruses, worms or similar software; or (v) includes personal information about another person without that person's consent;
- c) Impersonate or falsely state or represent your identity;
- d) Engage in or facilitate the transmission of unsolicited mass mailings, or "spamming";
- e) Distribute or otherwise publish any material containing any solicitation, promotion or advertising for goods or services;
- f) Collect personal data about others for unlawful, commercial, or any other unauthorized purposes;
- g) Access, or attempt to gain access to, another user’s account without authorization;
- h) Promote, encourage, or take part in any activity involving hacking, phishing, taking advantage of exploits or cheats and/or distribution of counterfeit software and/or counterfeit virtual currency/items;
- i) Use any game hacking/altering/cheating software or tools;
- j) Upload files that contain a virus, worm, spyware, time bombs, corrupted data or other computer programs that may damage, or otherwise interfere with the Services; or
- k) Reverse engineer, decompile, or modify, or attempt to modify, any part of the Service.
You understand that you may be exposed to Forum Content and actions from other users that are indecent, explicit, offensive, or which otherwise violates these Terms (“Inappropriate Activity”). You can report actual or suspected Inappropriate Activity to support@gamularity.com. Gamularity reserves the right, in its sole discretion, to take any action against Inappropriate Activity that Gamularity believes to be harmful, offensive, or otherwise violates these Terms. You agree that Gamularity will not be liable to you or any third-party in any way for Forum Content, Inappropriate Activity, or for any damage or loss therefrom.
6. TITLE.
Unless otherwise specified in these Terms, any and all title, ownership, rights, and intellectual property rights in and to the Services including all content therein (collectively the “Gamularity Content”) shall remain in Gamularity and/or its suppliers, and are protected by the copyright laws of the United Kingdom, the United States and other jurisdictions around the world via international copyright treaties. The names and logos, and other graphics, icons, and service names associated with the Gamularity Content are trademarks, registered trademarks or trade dress of Gamularity or its licensors. You may not use, copy, transmit, modify, distribute, or create any derivative works from the Services or the Gamularity Content without prior written consent from Gamularity.
The Services may allow you to create content (“Your Content”) that incorporates the Gamularity Content, including, but not limited, to photos incorporating elements or graphics from games, screenshots or a video of your game play. Gamularity retains all rights, title and interest in and to the Gamularity Content. You retain all rights to Your Content; provided, however, that Gamularity shall have an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to Your Content for any purpose, including, but not limited to, the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute Your Content without any further notice or compensation to you. Except where prohibited by law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Gamularity's use of Your Content.
7. DISCLAIMER OF WARRANTY AND LIMIT OF LIABILITY.
Gamularity MAKES NO REPRESENTATION, WARRANTY, AND/OR GUARANTEE OF THE SUITABILITY OF THE SERVICES FOR YOUR PURPOSES, OR THAT THE USE OF THE SAME WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD-PARTY TECHNOLOGY, HARDWARE, SOFTWARE, SYSTEMS OR DATA.
THE SERVICES ARE PROVIDED “AS IS" AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. FURTHER, Gamularity MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SAME, OR TO THE INFORMATION, CONTENT, COMMUNICATIONS, MATERIALS, OR PRODUCTS AND SERVICE CONTAINED THEREIN. YOUR USE OF THE Gamularity SERVICES IS AT YOUR SOLE RISK.
Gamularity WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. CERTAIN REGIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
YOU FURTHER ACKNOWLEDGE THAT Gamularity IS NOT LIABLE, AND YOU AGREE NOT TO HOLD Gamularity LIABLE, FOR THE CONDUCT OF THIRD-PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OTHER THIRD-PARTY SITES, AND THAT THE RISK OF USING OR ACCESSING THE SERVICES, AND OF INJURY FROM THE FOREGOING, RESTS ENTIRELY WITH YOU.
8. INDEMNIFICATION.
You agree to hold harmless, indemnify and defend Gamularity, its licensors, affiliates and suppliers and their respective officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys’ fees and costs) due to, arising out of, or relating to any information or item, including, without limitation, Your Content, Forum Content, and/or Inappropriate Content you may submit, post, transmit or make available through the Forums or Services, your use of the Forums and Services, your connection to the Forums and Services, your violation of these Terms, or your violation of any law, regulation or third-party right. Without limiting your indemnification obligations described herein, Gamularity reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
9. TERMINATION.
These Terms will automatically terminate if you fail to comply with any term hereof. You and Gamularity have the right to terminate or cancel your Account, at any time for any reason and without notice. Upon termination you shall immediately discontinue use of the Services. Your obligations under Sections 5, 6, 11, 13, and 14 shall survive any termination.
10. NO ASSIGNMENT.
These Terms and the licenses granted to you herein are personal to you, and may not be assigned prior to obtaining Gamularity's express written consent.
11. ARBITRATION AND DISPUTE RESOLUTION.
These Terms and all disputes and claims relating in any way to, or arising out of, these Terms, the Services, the Forums, Forum Content, Inappropriate Content, Your Content, or your use of the Software or Forums shall be governed by the laws of England and Wales. You and Gamularity agree that the exclusive remedy for all disputes and claims relating in any way to, or arising out of, these Terms, the Services, the Forums, or your use of the Services or Forums shall be final and binding arbitration. The arbitration shall be conducted under the rules of the ICC International Court of Arbitration ("ICA"). To the fullest extent permitted by law: (a) no arbitration under these Terms shall be joined to any other arbitration; (b) no class arbitration proceedings shall be permitted; (c) no finding or stipulation of fact in any other arbitration, judicial or similar proceeding may be given preclusive or collateral estoppel effect in any arbitration hereunder (unless determined in another proceeding between you and Gamularity); and (d) no conclusion of law in any other arbitration may be given any weight in any arbitration hereunder (unless determined in another proceeding between you and Gamularity). You and Gamularity must commence an arbitration by filing a demand for arbitration with the ICA within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period (if applicable law prohibits a one year limitations period for asserting claims, the claim must be asserted within the shortest time period in excess of one year that is permitted by applicable law). Both parties will be responsible for their respective arbitration fees.
12. INFRINGEMENT NOTIFICATION.
Any claims related to the Services should be addressed to:
Gamularity BV
Herman Boerhaavelaan 100
7415 EX Deventer
The Netherlands
Email: info@gamularity.com
Gamularity’s designated agent for notice of claims of copyright infringement is as follows:
Gamularity BV
Herman Boerhaavelaan 100
7415 EX Deventer
The Netherlands
Email: info@gamularity.com
13. FEEDBACK.
Gamularity does not accept unsolicited feedback, suggestions or other information about the Services or other aspects of its business. If you provide Gamularity with feedback or other ideas, you agree that Gamularity is free to use any feedback provided by you for any purpose (without compensation to you), including, without limitation, improving its products and services and creating derivative products.
14. GENERAL.
These Terms, along with the Privacy Policy, and any other privacy policy applicable to the specific Services you are using, constitute the complete and final agreement between Gamularity and you with respect to your use of the Services and may not be modified by you except in a writing duly signed by you and an authorized representative of Gamularity. You agree that your breach of these Terms will cause Gamularity immediate and irreparable harm and Gamularity will be entitled, notwithstanding the arbitration clause set forth in Section 11 above, to seek injunctive relief without the necessity of posting bond. Gamularity and you are independent parties and nothing in these Terms creates an employment or agent relationship. If any provision herein is held to be unenforceable, such provision shall be reformed in that matter only to the extent necessary to make it enforceable, and shall not affect the enforceability of the remaining provisions. The failure of either party to enforce any right or provision in these Terms will not constitute a waiver of such right or provision.
Gamularity may make changes to the Services, these Terms, or its Privacy Policy from time to time. Gamularity will use reasonable efforts to provide you with notice of any material changes. All such changes will become effective immediately upon notice and/or posting. If any of these changes are deemed invalid, void, or for any reason unenforceable, that change will be deemed severable and will not affect the validity and enforceability of any unchanged portions of the Services, these Terms, or the Privacy Policy. Gamularity may transfer or assign the Services, these Terms, or the Privacy Policy, in whole or in part, to any third-party of Gamularity’s choosing. These Terms will inure to the benefit of and be binding upon Gamularity’s respective successors and assigns.
CONTACT US. If you have questions regarding these Terms, please contact us at:
Gamularity
Attn: Terms of Use
E-mail: info@gamularity.com
Privacy Policy
Last Modified:
Welcome! This Privacy Policy explains how Gamularity BV ("Gamularity" or "we") collects, uses, and shares your personal information while you play Gamularity’s games ("Games") and/or use Gamularity’s websites that link to this Privacy Policy ("Websites").
We may make changes to this Privacy Policy from time to time. If we make any material changes to this Privacy Policy, we will notify you via email if we have your email address on record, or via a notice on the Websites and/or Games prior to the change becoming effective.
1. What kind of personal information does Gamularity collect?
We aim to minimize how much personal information we collect from users when they play the Games or use the Websites. We collect the personal information that you voluntarily provide to us (e.g. email addresses you give us to subscribe to our Newsletters (as defined below)), but most of our data collection is limited to the following types of data, which do not identify you personally but may uniquely identify the device you are using to play to the Games or use the Websites ("Device"). In some countries, this type of data may be considered as personal information:
- "Advertising ID", which means the resettable and unique identifier associated with your mobile phone or tablet that is used by advertisers for ad tracking.
- "Location Information", which means general information about the location from which you’re playing the Games or using the Websites (e.g. IP address, country, and city).
- "Device Information", which means technical information about your Device. When we refer to Device Information, this means your Device ID, your internet service provider (ISP), your browser and browser plug-in types, operating system and operating system version, jailbreak information, network information, the brand and manufacturer of your Device, the language you’ve set for your Device, the version of the Game installed on your Device, and the name of your carrier.
Personal Information | Purpose(s) |
---|---|
When You Play the Games | |
Your Age | When you install our Games, you will be asked to provide your age. We use this information to enable or disable certain Game features and certain types of ads shown to you depending on your age and where you are from. For more information about our policies for children’s personal information, please see Section 6. |
Advertising IDs, Location Information, and Device Information |
Analytics – for more information, please see Section 4. Advertising – for more information, please see Section 5. |
Information from Connected Facebook Accounts | In some of our Games, you may connect your Game account to your Facebook account so that you can keep up with your friends’ progress as they play the Game. Depending on your Facebook privacy settings, we will collect your gender, age range, and which of your friends on Facebook are also playing the Game. To manage the information we receive from Facebook, you will need to follow instructions provided by Facebook and change your privacy settings. |
Name and email address, Location Information, Device Information | Customer Support You have the option to contact our customer support team directly from some of our Games. When you do, we will collect and use this information to respond to your requests and/or comments. |
When You Visit and Use the Websites | |
Name, email address, and/or phone number |
Newsletter Subscriptions SMS Updates Customer Support |
Display name and email address |
Message Boards Please note that if you participate in the message boards, then any information you post will be public. |
Advertising IDs, Location Information, and Device Information | Analytics – for more information, please see Section 4. |
Name, email address, and phone number |
Job Applications If you apply for a job with Gamularity through www.gamularity.com, we will collect and use this information to process your application. We may also use this information to contact you in connection with your application. |
Does Gamularity Collect My Financial Information When I Make In-App Purchases?
When you make in-app purchases in the Games, we do not collect or have any access to your name and billing information. This information is collected and stored by your platform (e.g. Apple’s Game Store or Android’s Google Play) or your platform’s payment processor.
2. Do third parties have access to my personal information?
Yes. Like most companies, we use tools from service providers to help us with various parts of our business ("Service Providers"), and depending on the service we need, these Service Providers may have access to your personal information. For example, we use a Service Provider’s email software to manage our Newsletter subscriptions, and if you have given us your email address to subscribe to Newsletters, then your email address will be shared with that Service Provider. We also use Service Providers for hosting, customer support, and mobile and web analytics. For a list of the Service Providers who have access to your personal information, please please see section 2.
We contractually require all Service Providers to treat your personal information as confidential information and to only use it for the services we need. However, we do not have direct control over how Service Providers use your personal information and we cannot guarantee that our Service Providers will use your personal information as required in our contract with them. For this reason, we are not responsible for our Service Providers’ misuse of your personal information.
In addition to our Service Providers, our Ad Partners may also have access to your personal information. We’ve dedicated a separate section about advertising and our Ad Partners, so please check that out in Section 5. We may also share your personal information for our legitimate business and legal purposes as described in Section 12.
3. How long will Gamularity keep my personal information?
How long we store your personal information will depend on the purpose that we originally collected it. We will not retain personal information for longer than is necessary for our business or for legal requirements.
4. How is my personal information used for analytics?
As an online business, it is important for us to know how users interact with our Websites and Games. We and our Service Providers will collect your Location Information, Device Information, and Advertising IDs so that we can deliver our Game and Website services to our users, measure, analyze, and improve performance of the Games and Websites, and to continually update and develop our Games and Websites. For example, we will use this information to assess the difficulty level of Games, fix any bugs or errors in the Games, evaluate the demographic of our users, and to determine whether or not we need to support a new Device type for the Games. In addition, if you have connected your Game account to your account on Facebook, we will use the information described in Section 1 to conduct analytics.
5. How is my personal information used for advertising?
A. Ad Partner Technologies
To help us keep our Games running, we show ads in our Games with the help of third-party advertising partners ("Ad Partners"). We integrate Ad Partners’ technologies into our Games which are then used by the Ad Partners to determine what kind of ads to display to you.
- i. Do Ad Partners Collect My Personal Information?
- In order to show you ads that you might interesting and/or relevant ("Targeted Ads"), Ad Partners collect and use your Advertising ID, Location Information, and Device Information. If location services are enabled in your Device settings, the Ad Partners may additionally collect your geolocation information. Because these Ad Partners’ technologies control what kind of personal information is collected from your Device and how it is used, we encourage you to review their respective privacy policies. Our ad partner is UnityAds.
- ii. How to Opt-Out of Receiving Targeted Ads.
- If you do not want to receive Targeted Ads on your mobile Device, your mobile Device may give you the option to opt-out of receiving Targeted Ads on all apps on your Device. On Android Devices, you may opt-out by enabling the “Opt out of Ads Personalization” setting. On iOS Devices, you may opt-out by enabling the “Limit Ad Tracking” setting. In addition, you may be able to opt-out of receiving Targeted Ads from a specific Ad Partner. Please review our Ad Partner list above to see if an Ad Partner offers the ability to opt-out of receiving Targeted Ads. Please note that if you opt-out of receiving Targeted Ads, you will still receive contextual ads, which are non-targeted ads related to the content of the Game you are playing.
B. Ads for the Games on Third-Party Websites and/or Apps
In addition to running ads in our Games, we also run ads to promote our Games in third-party websites and/or apps. When we run our own ads in third-party websites and/or apps, Service Providers help us optimize and measure performance of our ads and use their own tracking technologies to track Game installs and clicks and/or impressions of our ads. In some cases, we will share your hashed or anonymized Advertising ID with our Ad Partners so that the Ad Partner can help us market and promote our Games. In these cases, Ad Partners perform as Gamularity's Service Providers and we contractually require such Ad Partners to only use your personal information on our behalf. If you wish to opt-out of your personal information being shared with Ad Partners in this way, please contact us at info@gamularity.com.
6. Children’s personal information.
We do not knowingly collect children’s personal information without parental consent, except as permitted under applicable laws such as the U.S. Children’s Online Privacy Protection Act (COPPA) and the EU General Data Protection Regulation (GDPR). For example, Gamularity, its Service Providers, and its Ad Partners may collect personal information, such as IP addresses and other persistent identifiers, from children under 16 strictly to support Gamularity’s internal operations and/or legitimate interests, such as analytics and to serve children with contextual ads. If you are a parent of a child playing the Games or using the Websites, you may review or have your child’s personal information deleted and refuse the further collection of his/her personal information by contacting us at support@gamularity.com. Please contact us at info@gamularity.com if you believe we are collecting a child’s personal information in violation of COPPA or the GDPR and we will delete this information as quickly as possible. For a list of Gamularity’s Service Providers, please see section 2.
Gamularity will retain your child's information for as long as your child's account is active, or as needed to provide services. If you wish to cancel your child's account or request that Gamularity no longer use the information to provide services, contact Gamularity at the email address listed above. Gamularity will retain and use the information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements.
7. Cookies and similar tracking technologies.
We and our Service Providers use cookies or similar technologies on the Websites to conduct analytics as described in Section 4 above..
8. How do i unsubscribe from/opt-out of receiving newsletters?
If you wish to unsubscribe from receiving Newsletters, you can click on the “unsubscribe” link at the bottom of the email and you will stop receiving Newsletters or for that specific Game you were subscribed to. Please allow up to 24 hours before you stop receiving Newsletters. Please note that if you are subscribed to more than one Game mailing list, you will continue to receive Newsletters for those other Games. You may also continue to receive emails unrelated to marketing.
9. Third-parties and their privacy policies.
Throughout the Websites, you may see links to third-party websites or applications. We are not responsible for the privacy practices of these third-party sites, and when accessing their sites, we encourage you to read their privacy policies.
10. Is my personal information secure?
The security of your personal information is important to us. We follow generally accepted industry standards to protect your information, both during transmission and once it is received. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security. While no security system is completely secure, we and our Service Provider stake appropriate security measures to protect against unauthorized access or disclosure of the information collected by us. For Gamularity, this includes, but is not limited to, ensuring that all of your information is disclosed only on a "need to know" basis and ensuring that all information collected by Gamularity is done so via secured connections and protected and encrypted (using secure socket layer technology,"SSL") by industrial grade security software to guard against unauthorized access.
11. Push notifications.
After downloading a Game, you will be asked to accept or refuse push notifications. If you accept push notifications, we will collect and use push notification tokens to send you Game-specific notifications on your mobile Device. You may disable push notifications at any time by going to your Device settings.
12. Social media features and tools.
The Websites and Games may include integrated social media features and tools, such as the Facebook "Like" button, the YouTube "Share This" button, and the Twitter “Follow” button. These features may collect information on your IP address, which Website you are visiting, and may set a cookie to enable the feature to function properly. Social media features and tools are hosted by a third-party, and your interactions with these integrated social media features and tools are governed by the privacy policy of the company providing it.
13. Sharing your personal information for business/legal reasons.
A. Business Transfers. As we continue to develop our business, we may reorganize as a business entity, acquire entities, subsidiaries, or business units, or enter into joint ventures with third-parties. In any of these types of transactions, any information you provide may be one of the transferred business assets (subject to any pre-existing privacy notice unless you consent otherwise). In the event that all or substantially all of our assets are acquired or we merge with a third-party, your information will likely be one of the transferred assets. You understand and agree that we reserve the right to transfer any information collected from you in the case of any such transfer. In such event, we will use reasonable efforts to notify you before information about you is transferred and becomes subject to a different privacy policy.
B. Legal. We may disclose information you provide to respond to subpoenas, court orders, requests from authorities, and other legal process, and to establish/exercise our legal rights. We may also disclose your information to defend against legal claims when we believe that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request. We may share your information in order to investigate, prevent or take action regarding illegal activities, suspected fraud, and situations involving potential threats to the physical safety of any person, violations of our Terms of Use, or as otherwise required by law.
14. How do i access, manage, or update my personal information?
Please contact us at support@gamularity.com.
15. For users in the european union.
A. Legal Basis for Processing. Our legal basis for collecting, using, and sharing your personal information will depend on the purpose for which we use your personal information. Typically, we will rely on the following legal bases for processing your personal information: (i) your consent; (ii) where our processing is in our legitimate interest (e.g. processing for analytics or direct marketing) or in the legitimate interest of our Ad Partners or Service Providers; or (iii) where our processing is necessary to perform a contract with you (e.g. to make the Games or Websites accessible to you). If we rely on your consent to process your personal information, you have the right to withdraw your consent at any time.
B. Your Personal Information Rights. If you would like to exercise your rights of access, rectification, erasure, restriction of processing, data portability, and/or your right to object to the processing of your personal information, please follow the instructions described in Section 14. If you would like to opt-out of your personal information being shared with our Ad Partners, please follow the instructions in Section 5(A)(ii).
C. Transfer of Personal Information Outside of the EU. Because our Service Providers are located in countries outside of the European Union, your personal information will be transferred to other countries that may not offer the same level of data protection as the laws of your country of residence. We rely on model contractual clauses and/or the Privacy Shield certification for such transfers.
D. How to File Complaints. If you believe your rights under the GDPR have been violated, you may lodge a complaint with the supervisory authority of your country of residence. For contact information for your supervisory authority, please visit here.
16. Gamularity's contact information.
If you have any questions about our Privacy Policy or about our use of your personal information, then you may contact us at:
Gamularity BV
Herman Boerhaavelaan 100
7415 EX Deventer
The Netherlands
Email: info@gamularity.com