PRIVACY POLICY

Your privacy is our concern

 

We are DIGITAL LEGENDS ENTERTAINMENT, one of the world's leading high-end mobile game developers, an international reference in mobile shooters. All our games are powered by Karisma engine, our proprietary state-of-the-art technology.

(hereinafter collectively and interchangeably referred to as "DLE", "we", "our" or "us").

This policy describes how we collect and use your personal data when playing the mobile games called “Afterpulse” and “Respawnables” (including upgrades and updates) (the "Game"), in accordance with the REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46EC (hereinafter, the "General Data Protection Regulation" or "GDPR") and any other related regulations which may be in force from time to time.

This policy applies to all past Respawnables and Afterpulse (after 9 November 2017 for Afterpulse), current and prospective gameplayers or gamers (hereinafter and jointly, "you" and/or the "user" or "users”) and any third parties whose information you provide to us in connection with the Game (for example, to recommend the Game to a friend).

DLE will collect and process personal, confidential and non-confidential data about you as a user and throughout your relationship with us as set out in this policy.

In any event, users will hold full responsibility for any information which they may provide on the Game. Should DLE wish to use said information for purposes other than as explained above, we will inform you of said new purposes and request your consent if necessary.

The user guarantees that the information provided to DLE is truthful and up to date and undertakes to communicate any changes with may affect his/her status. Furthermore, the user guarantees that he/she has any authority necessary to communicate information belonging to third parties and that he/she has informed said third parties of the personal data processing by DLE for purposes connected to the Game.

In connection with the above, it is important that you read this policy, together with any privacy notice we may provide on specific occasions when we are collecting or processing your personal data, so that you are aware of how and why we are using such information.  

DLE reserves the right to update or amend this policy at any time by publishing said amendments. Therefore, we recommend that you check this policy every time you enter the Game. Should any of the clauses in this policy be eliminated or considered null and void, this will not affect the rest of the terms and conditions, which shall remain fully valid and effective under regulations in force from time to time.

 

 

1. Who is the data controller?

We are “data controller”. This means that we are responsible for deciding how we hold and use your personal data.  This policy applies to all personal data collected, maintained, transmitted, stored, retained, or otherwise used (i.e. processed) by us regardless of the media on which that personal data is stored. 

Contact details of the data controller: Digital Legends Entertainment, S.L., with Tax ID number B-62.596.754, domiciled in Carrer del Bruc 50, 2nd Floor, 08010 – Barcelona (Spain) and with contact email address [privacy@digital-legends.com].

Contact details of the Data Protection Officer (DPO): [privacy@digital-legends.com].

2. What is Personal Data?

Personal data, or personal information, means any information about an individual from which that person can directly or indirectly be identified.  It does not include data where the person is no longer identifiable (anonymous data).  There are "special categories" of more sensitive personal data which require a higher level of protection.

3. Data Protection Principles

We will comply with data protection law.  This says, among other matters, that the personal data we hold about you must be:

·       used lawfully, fairly and in a transparent way;

·       processed only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes;

·       relevant to the purposes we have told you about and limited only to those purposes;

·       accurate and kept up to date;

·       kept only as long as necessary for the purposes we have told you about; and

·       kept confidential and secure.

4. What are the data protection rights of the users?

The users have the following rights:

·       The right to request access to their personal data: you may ask DLE if it is processing your data and, if so, gain access to said data.

·       The right to request that said data be rectified if they are inaccurate or completed if incomplete.

·       The right to request the erasure of their data.

·       The right to request a limited processing of their data: in this case we will only keep your data with a view to exercising or defending any possible claims.

·       The right to object to the processing: DLE will cease to process your personal data except for legitimate reasons and/or in order to exercise or defend any claims.

·       The right to the portability of the data: if you wish to have your data processed by a different data controller, DLE will enable the transfer of said data to the new controller.

·       The right not to be subject to a decision based solely on the automated processing of their personal data.

If you have granted your consent to the processing of your data for a specific purpose, you may withdraw said consent at any time without this affecting the lawfulness of the processing performed prior to said withdrawal.

In any event, all personal data linked to the user's account, as well as any information and/or content included in his/her profile, will be cancelled as of the time when the user exercises his/her right of erasure. Furthermore, should the user exercise his/her right of erasure in connection with data which are necessary for DLE to provide the services on the app, DLE will be forced to terminate its relationship with the user and shall therefore unsubscribe him/her and the user will not be entitled to file any claim whatsoever in this respect.

Users may exercise their rights by written notice sent to DLE's corporate address or by email sent to the address indicated in section 1 of this Privacy Policy.

5. Lodge a complaint before the supervisory authority?

Users in the EU also have the right to lodge a complaint with a supervisory authority in a member state of the EU if you believe we are infringing EU data protection laws. You can lodge a complaint with the supervisory authority in your EU member state of residence, the member state in which you work or the member state in which the alleged infringement took place. 

6. How will we collect your Personal Data?

We collect personal data about users through our Game, either directly from the user or  from your electronic device. We may sometimes collect additional information from third parties including marketing partners, cloud computing, app store and google play and we will let you know before we do so. We will collect additional personal data in the activities throughout the period you are playing with our Game.

You must have the lawful right to provide any information you submit. For example, if you intend to provide us with details of a reference or any other third party as part of your Game or elections, it is your responsibility to obtain consent from that third party prior to providing the personal data to us.

7. What data do we collect?

If you decide to provide us with your personal data, DLE will gain access to the following:

a) Personal data that could be provided voluntarily by the user:

·       Nickname.

·       Email.

·       Name.

·       Multiplayer Alias.

b) Personal data which our Game collects from your mobile device.

When entering our Game with your mobile device, including but not limited:

·       IP Address.

·       Device make, model and operating system.

·       Device properties related to screen size & orientation, audio volume and battery.

·       Carrier.

·       Operating system.

·       Country, time zone and locale settings.

·       Network connection type and speed.

·       Internet browser user-agent used to access the Services.

c) Personal data when playing (Game user data), including but not limited to:

·       Player’s weapons inventory and stats.

·       Level of Progress in the "missions".

·       Scores for rankings and weekly events.

·       Information related to the progress and completion of achievements.

·       If you enter the menu.

·       If you have sent something to social networks.

·       When you start playing.

·       With what item do you begin to play.

·       If you win gold.

·       If you end mission.

·       If you buy something.

·       Active Offers and active calendar daily rewards.

 

 

d) From third Parties, including but not limited to:

 

·       Token that corresponds to the player's email when they use that to log into the Game.

·       Tokens provided by the Apple GameCenter or GooglePlay Services.

 

8.- How do we use the personal data of our users?

DLE hereby communicates to any users applicable that any personal data which they may provide and we may capture will be identified in the Register of Processing Activities held by DLE, and may be used for the following purposes:

·       To register the user and generate a new DLE user account.

·       To provide our services under the End-User License Agreement entered between DLE and each of the users.

·       To respond to consultations or information requests made by the users.

·       To allow our users to buy any Game items we offer.

·       At the moment in which this operative is established and provided that you have ticked the relevant box, to keep you informed of our services, activities, projects, updates and new website or application features by means of notices/newsletters sent by email and/or other electronic means.

·       We may feature advertisements from third parties or provide links on the Game to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving an optional component of the Game and/or benefits (such as virtual items or virtual currency).

·       We may send local or push notifications to your mobile device to make you aware of Game updates, promotional events, new Game information and other relevant messages regarding the Game service. You can manage push notifications from the “options” or “settings” page within the relevant Game. You may also be able to manage them from your mobile device’s settings page for the relevant Game. We will not send any SMS notification to your mobile device unless we obtain affirmative express consent from you in compliance with any applicable laws or regulations.

·       Your IP address will be collected and used to check the origin of your messages with a view to detecting any possible irregularities (for instance, if opposing parties of a single case write to DLE from the same IP address).

The device information Game data may be collected across mobile apps over time. We may also combine information we collect with other information we derive through analytical techniques, and we use that combined information to offer the services. This type of information may include transactional data related to a user’s interaction with an application, such as information about the actions taken in an application like purchases or application installations.

Using the information we collect, we are able to deliver the services, improve them, and research and develop new ones.

9. Why do we process your personal data (legal basis)?

DLE may process your personal data on any of the following legal grounds: (A) for legitimate commercial purposes; (B) if it is necessary in connection with the performance of an agreement you are party to; (C) if it is necessary so that DLE may comply with its legal and regulatory obligations; and (D) if you have given your consent to said processing.

LEGITIMATE COMMERCIAL                                              PURPOSES OF DLE

PROCESSING ACTIVITIES

-  Professional activities of DLE.

 

-  Promotion and evaluation of DLE services.

- Interaction with DLE.

 

- Response to requests for technical and operational information regarding the Game and our services, as well as requests for information on the services or optionality offered by DLE.

 

- Identify you and contact you as a user.

 

MANAGEMENT AND PERFORMANCE OF AN AGREEMENT

In order to deal with your Game use, as provided by the End-User License Agreement or deal with any other terms and conditions accepted by the user.

 

LEGAL AND REGULATORY COMPLIANCE

Comply with any obligations applicable from time to time.

 

CONSENT

When given by the user himself/herself in connection with the collection and processing of his/her personal data.

 

10.  What about other third parties (Data sharing and recipients)?

Your personal data may be collected, used, transferred and disclosed by employees, consultants and/or service providers of our functions. We may share your data with third parties, including third-party service providers. 

Why might you share my personal data with third parties?

We will share your personal data with third parties where required by law, where it is necessary to administer your End-User License Agreement or where we have another legitimate interest in doing so.

What about other third parties?

We may share your personal data with other third parties, for example in the context of the possible sale or restructuring of the business.  We may share your personal data with a regulator or to otherwise comply with the law.

International data transfers.

Due to the global nature of our business and in order to perform the End-User License Agreement, the personal data that we collect from you may also be transferred to and stored in a destination outside the European Economic Area, for the purposes described above, as set out below:

Certain suppliers and service providers as Games profiles servers, Multiplayer servers and Analytic servers may also have personnel or systems located outside the European Economic Area (EEA). Your personal information may therefore be transferred to non-European Economic Area countries.

How secure is my information with third-party service providers?

All our professional advisors, third-party service providers and other entities are required to take appropriate security measures to protect the confidentiality and security of your personal data in line with our policies, as are any parties to corporate transactions.  We only permit them to process your personal data for specified purposes and as appropriate, in accordance with our instructions.

We will inform you in advance if we intend to further process or disclose your personal data for a purpose other than the purposes set out above.  We take all reasonable steps, as required by law, to ensure the safety, privacy and integrity of such data and information and, where appropriate, enter into contracts with such third parties to protect the privacy and integrity of such data and any information supplied.  

11. How do we protect your personal data?

We have put in place measures that we believe are appropriate to protect your information, both internally and from outsiders, from loss, misuse, unauthorized access, disclosure, alteration and destruction, and to ensure the integrity of the data we collect. 

 

If you have a user name and password for any of the features on our Games, you have the responsibility of keeping your password secret.  You should not reveal your password to anyone.  In addition, you should take reasonable precautions when using an electronic device that is not your own or in a public setting.

 

We limit access to your personal data to those contractors and other third parties who have a business need to know.  Third parties will only process your personal data on our instructions and where they have agreed to treat the information confidentially and to keep it secure. 

 

 

12. How long will we keep your personal data?

DLE will process your personal data far as long as may be necessary to fulfil the purposes set forth in this Privacy Policy and will keep your data as provided far by applicable laws and regulations. To determine the appropriate retention period for personal data, DLE will take a number of factors into account.

The criteria we follow in this regard are determined by:

·       The purpose of the personal data collected and compliance with the said purpose.

·       The legal basis by which personal data are collected

·       Compulsory storage times under contractual and regulatory provisions.

Please note that in some cases DLE has the obligation to retain certain personal data of the users.

In some circumstances we may anonymize your personal data so that you are no longer identifiable, in which case we may use such information without further notice to you. 

13. Confidentiality

Professionals working with DLE who may intervene in any way in the services provided to the user undertake not to disclose or use the information they may gain access to. In any event, any information provided by the user will be considered confidential and may not be used for purposes other than the management of the user account and/or the services engaged with DLE, if any. In this regard, we undertake not to disclose information regarding the purposes of the user, the information requested or the duration of our relationship with the user.

14. Social networks

DLE is present in some of the main social networks on the Internet (such as Twitter, Facebook and Instagram), where it acts as data controller in connection with personal data published by DLE.

DLE will process personal data on each social network in accordance with the rules established by the relevant social network to such end. Therefore, except as otherwise stated, DLE may inform its followers on each social network of its activities, events and related matters, including follower services, through the channels provided by the social network for such purpose.

DLE will not collect personal data from social networks except otherwise expressly agreed to by the user.

15. Special category of personal data

We will neither collect nor process any personal data which may be especially sensitive or included in the special category of user personal data, unless said data have been provided explicitly. Special personal data categories include information related to race/ethnicity, political opinions, religious, philosophical or similar beliefs, membership in trade unions, genetic data, biometric data used for exclusive purposes of identification of an individual, health data, sexuality or sexual orientation.

16. Policy regarding the use of the Game by children

The Game is not designed for or addressed to children under the legal age defined in each countries’ regulation.  Children under legal age may not use it without an authorization of their parents or legal guardians. In any event, if any parents or legal guardians believe that their children have provided us with personal data without their consent, they should let us know by writing to privacy@digitalegends.com Additionally we reserve the right to carry out verifications of these extremes and take the necessary actions to alleviate them.

17. Direct marketing

We undertake not to use your personal data for direct marketing purposes without your express prior consent, as provided under article 5 of this Privacy Policy.

lf, at any time, you wish to stop receiving commercial or promotion information from DLE or third parties, you may unsubscribe from direct marketing campaigns processing of your personal data for said purposes, free of charge, by contacting us at privacy@digitalegends.com or by pressing the opt-out button on the subject field of the email. You may also use the opt-out procedure provided in any promotional message received from DLE.

Please note that, even if you decide not to subscribe or if you decide to unsubscribe from receiving promotional emails or newsletters, we may need to continue contacting you in connection with important information of a non-commercial nature, such as problem solving, inactivity or lack of use, detection and prevention of errors or, in general, compliance with the Game.

18. Automated decision-making

Automated decision-making takes place when an electronic system uses personal data to make a decision without human intervention. We are allowed to use automated decision-making in the following circumstances:

·       where we have notified you of the decision and given you days to request a reconsideration;

·       where it is necessary to perform the Game characteristics, according to the End-User License Agreement with you and appropriate measures are in place to safeguard your rights;

·       in limited circumstances, with your explicit consent and where appropriate measures are in place to safeguard your rights; and

You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making, unless we have a lawful basis for doing so and we have notified you.

 

 

19. Links to other websites, applications or platforms

The Game could include links to other types of websites, applications or platforms which we consider may be potentially informational and useful to you. However, keep in mind that we neither support nor recommend the content and/or services provided therein and that we are not liable for their privacy policies or terms of use. In this respect, we recommend that you read the privacy policies of any websites you may visit. Remember that the provisions herein are only applicable to personal data collected and/or processed by DLE.

Any charges or obligations you incur in your dealings with these third parties are your sole responsibility. DLE makes no representation or warranty regarding any content, goods and/or services provided by any third party and will not be liable for any claim relating to any third-party content, goods and/or services. The linked sites are not under the control of DLE and may collect data or solicit personal information from you. DLE is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect.

 

 

Last updated: May 2018