“Applicable Data Protection Legislation” means any legislation in force from time to time which implements the European Union Directive 95/46/EC and Directive 2002/58/EC and the General Data Protection Regulation (“GDPR”) 2016/679 of April 27th, 2016 and is applicable to this Agreement and all other applicable laws and regulations that may apply to the transfer of Personal Data.
“Personal Data” shall mean any information relating to a Data subject; an identifiable person is one who can be defined, directly or indirectly, notably by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to his/her physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. Contact data and Service Data are Personal Data.
“Contact Data” means any names, phone numbers, e-mail addresses and certain financial details held within commercial systems to conduct the Parties’ relationship management and billing transactions between the Parties;
“Controller”, “Data Subject”, “Personal Data”, “Process/Processing” and “Processor”, shall have the same meaning as in the European Union Directive 95/46/EC or the General Data Protection Regulation 2016/679 of April 27th, 2016.
“Service Data” means any Party’s Personal Data (that is not Contact Data) held within the Parties’ systems, applications or databases and that may be accessed, processed, used or stored as a consequence of performing the services under the Agreement.
“Third Country” means a country that is: (i) outside of the European Economic Area; and (ii) not the subject of a formal decision by the European Commission, made pursuant to Section 25(6) of the European Union Directive 95/46/EC or under Article 45 (1) of the General Data Protection Regulation 2016/679, stating that that country ensures an adequate level of protection for personal Data.
2. Collection of information
Information collected through the Game
Resolution Games may also collect and process other information when you interact with the Game online, such as the type of browser you are using, the type of operating system you are using; the IP address or other unique identifier such as a device identifier of any of your computer(s) or device(s) that are used to access the Game. Such information will be collected and processed irrespective of whether you only access the Game or if you actually play the Game. Resolution Games may also collect and process certain information when you as a user with a user account interact with the Game such as the information in your personal profile, the relationships you form in the Game, the messages you send, the groups you form, the events you set up, the applications you add and the information you transmit information through various channels.
Information collected through other sources
Resolution Games may also collect information about you from other sources, such as third party sites or platforms, newspapers, blogs, instant messaging services, and other End Users of the Game through the operation of the Game in order to provide you with more useful information and a more personalized experience.
3. Cookies and logs etc.
Logfiles. Log files are files that log actions that have occurred on a website. Resolution Games may collect data in the form of log files and may use such log files to gather statistics about End Users user habits and to assess overall Game activity, including how many "hits" a particular web page is getting and other navigational data. These entries are generated anonymously, and enable Resolution Games to track interest in specific promotions, troubleshoot technical concerns, and provide End Users with content that may be of interest to them. Log files are used internally only, and are not associated with any particular user, computer, or browser.
Web beacons. The Game may use a variety of technical methods for tracking purposes, including “Web beacons” etc. Web beacons are small pieces of data that are embedded in images on the pages of the Game. We may also use these technical methods to analyze the traffic patterns in the Game such as the frequency with which End Users accesses various parts of the Game etc. These technical methods may involve the transmission of information either directly to us or to another party authorized by us to collect information on our behalf. The information from use of these technical methods may be collected in a form that is personally identifiable.
4. Use of information – Purpose and legal basis
Resolution Games will use information about you for the following purposes in accordance with applicable laws:
Information you provide or is collected from you in or in relation to the Game and information from other sources
Information is provided by you or collected in or in relation to the Game and/or collected from other sources in order to:
provide, operate, improve and maintain the Game, game experience and services, your account(s);
personalize the Game, content, loyalty programs and related services to you;
send technical notices, updates, security alerts,
for support and troubleshooting reasons;
send support and administrative messages
provide news and information about the Game about our games and products;
monitor the end users playing of the Game and activities in the Game;
facilitate sharing on social networks;
provide adults with advertising in accordance with given consent and/or permissible laws;
provide children reasonable contextual advertisements in the Game accordance with permissible laws;
identify, fix, and troubleshoot bugs and service errors, provide software updates etc;
resolve disputes, investigate and help curb fraud and illegal behavior, comply with the law, and to enforce our agreements and policies;
survey end users opinions about the game and related matters through surveys or questionnaires;
communication reasons related to the Game and related matters;
manage the Game and send you confirmations and important information about your account, products, purchases, subscriptions, and warranties;
present offers and/or information relating to the Games and other games that you might like;
make recommendations to you; and
personalize advertising for you and deliver targeted marketing, service updates and promotional offers.
Processing of this information is necessary for the purpose of performance of a contract to which you are party in order to support the operation of the Game facilitate the delivery of requested products and services and enable maintenance and update of the Game under Article 6(1)(b) of the GDPR and purposes is justified by our legitimate interests in providing advertisements and content of interest to you and improving our services in accordance with Article 6(1)(f) of the GDPR ("the balancing-of-interest rule"). Disclosure of your advertising ID to third parties for the purposes of behavioral advertising is based on your consent in accordance with Article 6(1)(a) of the GDPR. We only process your information to the extent that is necessary to achieve the purposes for which the information has been collected.
5. Storage of Personal data
With respect to processing of Personal Data Resolution Games is Data Controller. Resolution Games shall (i) Not keep the Personal Data for longer than is necessary for the purposes of performing the Agreement unless further storage is required in order to establish, exercise or defend a legal claim or to comply with applicable law, including accounting rules; (ii) Store, process and use the Personal Data for the sole purpose of performing the Agreement; and (iii) Ensure that their employees and employees of their affiliates and subcontractors involved in the performance of the Agreement comply with the provisions of this agreement (iv) Implement all reasonable technical and organizational measures to protect your Personal Data against any accidental or unlawful destruction, accidental loss, unauthorized alteration, communication or access, (v) Where applicable report to you, upon its occurrence, any unauthorized access, disclosure, use, modification or destruction of your Personal Data, (vi) Refrain from exporting or transferring your Personal Data to any Third Country, and from collecting, using or Processing Personal Data within any Third Country, unless prior to the transfer we have ensured that an adequate level of protection of the Personal Data has been implemented in accordance with the terms and conditions stated in section 9 of this Agreement (International Data Transfers). Personal Data are deleted or anonymized as soon as it no longer serves one of the above mentioned purposes and in any event no later than three (3) years after your interaction with us has ended.
6. Information we share with third parties
As a general rule we will not share Personal Data that directly identifies you (such as your name, e-mail or postal address) with independent third parties without your consent, unless it is either required by law or we determine that disclosure is reasonably necessary to enforce our rights, property or operations or to protect our players or third parties. We may share anonymous or aggregated information, or other data that does not directly identify you, with third parties, for instance your persona on leaderboards or to show trends about use of our products.
Notwithstanding the forgoing, we may share information about you with certain third parties based on the legal basis in Articles 6(1)(b), 6(1)(c) and 6(1)(f) of the GDPR as follows:
Third Party Agents and Contractors
Where the Game and related services is accessed and/or provided through social networks.
When required by applicable law, rule, regulation, legal process, in the process of negotiations of, any mergers and acquisitions, sale of company assets, financing or acquisition of all or a portion of our business by another company where personally identifiable information submitted to us may be transferred to the acquiring entity.
Courts, law enforcement agencies, legal authorities etc.
When ordered or requested by courts, legal authorities etc. and required in order for us to abide by applicable laws, or to protect our rights, in defense in law suits, property or safety of Resolution Games, the Game, end users etc.
Other end users
In order to provide certain Game features.
For advertising purposes. We may share your advertising ID with advertising in order to serving behavioral advertisements to you within the Game if you have given consent in accordance with Article 6(1)(a) of the GDPR.
7. Payment information
In order to access the complete Game, certain premium game functions, levels, content and features etc. you are required to pay certain fees. When purchasing such features and functions etc. you may be asked by the platform/service providers to provide certain personally identifiable information, such as full name, billing address, email address, phone number and credit card number/expiration date etc. Please note that you must be the age of 18 or older to make purchases in the Game, however children over thirteen but under eighteen may access and play the game under the supervision of a legal guardian.
Once End Users have successfully entered valid credit card information etc. and completed the order process, a purchasing account will be created and maintained for them. The platform/service providers will use the information provided to process the End User’s order and to send order confirmations via email, as well as to make future purchases easier for the End User. Resolution Games does not sell, transfer or share customer information with third parties, except where applicable the information is transferred, disclosed and shared with its third-party agent(s) who uses the information solely to handle and deliver certain online activities necessary to operate Resolution Games’ business (e.g. processing orders and payments).
Resolution Games has taken reasonable steps to ensure that the personally identifiable information it collects is secure and we have taken reasonable measures to protect the confidentiality, security, and integrity of the Personal Data collected from our Game’s End Users. Personal Data is stored in secure operating environments that are not available to the public and that are only accessible to authorized employees and contractors. We also have security measures in place to protect the loss, misuse, and alteration of the information under our control. However, there is no such thing as perfect security. As a result, although we strive to protect personally identifying information, we cannot ensure or warrant the security of any information transmitted to us through or in connection with the Game, that we store on our systems or that is stored on our service providers' systems.
Please note that Resolution Games may provide links to other games and websites that are operated and hosted by third parties who may have their own information collection practices. Those other games and websites are governed by their own privacy policies, which may be substantially different from Resolution Games’ policies. Visitors to other games and websites are encouraged to review the privacy policies and information collection practices of those websites.
9. International Data Transfers
We may transfer and share your information to third parties (including service providers operating on our behalf) which may be located in countries outside the European Union (“EU”) and/or the European Economic Area (“EEA”) which may not have the same level of data protection laws as those in the country where you are located. Where your data is sent to a country outside the EU/EEA that is not subject to an adequacy decision by the EU Commission, the transfers will only occur based on the following safeguards: i) If the entity is certified to comply with the principles for data protection under the US-EU Privacy Shield Framework ("Privacy Shield") (see Privacy Shield at www.privacyshield.gov), or ii) If we have entered into EU Commission approved standard contractual clauses with the entity, which is deemed to offer sufficient safeguards with respect to the protection of the privacy and fundamental rights and freedoms of individuals.
10. Your Choices and Controls
You have the following rights regarding your Personal Data:
The right to request access
In accordance to Article 15 of the GDPR you may request access to processed Personal Data. This includes confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information:
the purposes of the processing;
the categories of Personal Data concerned;
the recipients or categories of recipient to whom the Personal Data have been or will be disclosed, in particular recipients in third countries or international organizations;
where possible, the envisaged period for which the personal data will be stored or, if not possible, the criteria used to determine that period;
the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
the right to lodge a complaint with a supervisory authority;
where the Personal Data are not collected from you, any available information as to the source;
the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
Where Personal Data are transferred to a third country or to an international organization, you have the right to be informed of the appropriate safeguards pursuant to Article 46 relating to the transfer.
You shall be provided a copy of the Personal Data undergoing processing. For any further copies requested, we may charge a reasonable fee based on administrative costs. Where you makes the request by electronic means, and unless otherwise requested by you, the information shall be provided in a commonly used electronic form. The right to obtain a copy shall not adversely affect the rights and freedoms of others. Please note that the access may be restricted due to intellectual property or trade secrets.
The right to object
You have the right to object to the Personal Data processing on grounds relating to your particular situation when the data are processed based on the balancing-of-interest rule in Article 6(1)(f) of the GDPR, see Article 21 of the GDPR. In this case, we will cease the processing unless there are compelling legitimate grounds for the processing which override your interests, rights and freedoms or if the processing is necessary for the establishment, exercise or defense of legal claims. You have the right to object to our processing of your Personal Data for direct marketing purposes at any time. We will cease the processing of your Personal Data for this purpose after the objection. Please note that if you exercise this right, your user license to use the Game and related services will cease automatically.
Right of correction and erasure
You have the right to have inaccurate Personal Data rectified, in accordance with Article 16 of the GDPR.
You have the right to have your Personal Data erased where one of the following grounds applies, see Article 17 of the GDPR:
The Personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed,
if you have withdrawn your consent and there are no other legal grounds for the processing,
if you have objected to the processing and there are no overriding legitimate grounds for the processing,
the personal data have to be erased for compliance with a legal obligation in Union or Member State law,
the personal data have been unlawfully processed or
the personal data have been collected in relation to the offer of information society services.