PRIVACY POLICY

 

CREAM DIGITAL, a Canadian corporation, with registered and business offices at 380 Adelaide Street West, Toronto, Ontario Canada M5V1R7  (“Company”, “We”, “Us”) respects your privacy and provides you with this Privacy Policy (“Privacy Policy”) so that you may understand the ways in which we do and do not use the information you transmit when accessing and playing the Company’s Game, accessing and using websites, platforms, software services and related services (hereinafter the “Game”). Please note that your access and/or playing of the Game constitutes your acceptance of this Privacy Policy as well as our EULA Agreement. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY PLEASE DO NOT ACCESS AND/OR PLAY THE GAME.

  

1. Information which may be collected through the Game or other sources.  Where applicable, access and playing of certain basic Game versions, experience of certain basic content and games features may not require registering of an account with applicable platform/service providers that are providing the Game etc. to you. However, in order to access and play the complete Game, access certain premium game functions, levels, content and features you must register an account with the platform/service providers that are providing the Game etc which will require you to provide certain “Personal Data” which is defined to include any information relating to an identifiable person meaning a person 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. You must then create an account with the platform/service providers’ platforms that hosts the Game to access such premium game functions, levels, content and features etc. To create an account you are required to provide certain mandatory information such as your name, your email address, account login etc. which is mandatory in order to be able to establish an account. Company and/or the platform/service providers (i.e. Apple App Store, Google Play, etc.) collects financial information on the terms and conditions set out in this Privacy Policy and/or the platform/service providers’ own Privacy Policies, which can be found on the respective platforms. Company does not use financial information for any purpose other than processing payments. Further you may, but may not be required to, provide certain voluntary information such as date of birth, screen name, your personal profile in the Game, interests in and use of various games, products and services, and any other personal or preference information. Company 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. Company 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. Subject to any applicable law restrictions, Company may invite you to share your email address with us for sales and marketing purposes. You may be invited to do this in the Game, related websites etc. as well as third party ad networks. By opting in to receive these emails on our website or from our ad partners, you are giving your consent to receive these types of sales and marketing emails, as well as us storing Personal Data related to such emails and related material in accordance with the terms and conditions of this agreement. 

 

2. Cookies and Anonymous Data.

 

(a) Cookies. A cookie is information a website, app or platforms places on your computer’s hard drive or devices etc. so that the website, app or platform is able to remember your preferences and/or which pages you visited on the website/app/platform and make your visit more efficient and enjoyable. Company may use cookies to determine the number of unique players of the Game over a given period, or to remember user account details, etc. so that the need for multiple log-ins is eliminated. It may combine information collected through cookies to any Personal Data submitted online when using the Game to help personalize a user’s access to and playing of the Game. Cookies may be disabled on your computer by indicating this in the preferences or options menus in your browser.

 

(b) Logfiles. Log files are files that log actions that have occurred on a website, app or platform. Company 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 etc. is getting and other navigational data. These entries are generated anonymously, and enable Company and/or platforms to track interest in specific promotions, features, 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.

 

(c) 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.

 

(d) Advertising ID. The Ad ID is a unique, user-resettable identifier specifically for advertising use, somewhat analogous to an advertising cookie (except that it is part of your device from the beginning). It enables advertisers to understand that a particular device (or its user) has responded to their ad by taking an action (like a click or purchase or install), and allows the user to clear the device’s history by re-setting it.Ad ID may be used to identify your device and the actions associated with that device (like clicks, purchases, or other events) so we can respond to your support request.  Use of Ad ID shall be subject to any restrictions imposed by COPPA or other applicable privacy laws.

 

3. Use of information – Purpose and legal basis.  Company may use information about you for the following purposes in accordance with applicable laws: 

 

(a) Age identification: To identify your age for data protection purposes, for example to determine the legal requirements for processing of Personal Data. Company complies with parental consent requirements as mandated by the U.S. Children’s Online Privacy Protection Act (COPPA).  Our Services are intended for users of all ages. If you are under 18 years of age, we recommend that you read this Privacy Policy with your parents or guardians to make sure that you understand the terms and that your parents or guardians are happy for you to use our services.  We request that anyone under the age of 18 not send any Personal Data about themselves over the Internet unless sent under the supervision of their parent or guardian. We do not knowingly collect Personal Data from children under 13 years old in the Game. We believe it is important to safeguard the privacy of children and encourage parents to regularly monitor their children’s use of online activities. Company considers a user to be child if they are under the age of 13, unless a more stringent regulation applies in the user’s country of residence.  Verifiable parental consent is required for the collection, use, or disclosure of a any child’s Personal Data. Third party platform/services that require a user to complete a registration process before accessing and using the Game are solely directed to parents that are at least 18 years of age.  We  will not provide any services, collect, use, or disclose any Personal Data from a child if their parent or guardian does not provide such consent.  Any child’s Personal Data used by Company will be for the internal use only, for the sole purpose of improving the Game. If we learn that we have collected Personal Data of a child, and we do not have parental consent, we will take the necessary steps to delete such information from our files as soon as possible. Parents have the right to review their child’s Personal Data; to have their child’s Personal Data deleted; to refuse further collection, use, and/or disclosure of their child’s Personal Data.  If parents have any questions or concerns, please contact the Company’s Privacy Officer as specified below.

 

(b) Information which may be provided or is collected from you in or in relation to the Game and information from other sources. Information may be 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 and/or 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;

  • to store, process and use User Content in accordance with our EULA Agreement;

  • to comply with applicable laws or respond to legal process (like requests from law enforcement or other public or government authorities); 

  • to administer, process and examine claims of copyright infringements, or other violations of our EULA Agreement;

  • 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.

 

4. Storage & Protection of Personal Data.  To the extent that Company does collect any Personal Data, Company 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 services applicable under the EULA 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, and (vi) refrain from collecting, using or Processing Personal Data in any jurisdiction, 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 herein. Personal Data shall be 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. Company has taken reasonable steps to ensure that the personally identifiable information it collects (if any)  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. To the extent Company collects any Personal Data, such 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 Company 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 Company’ policies. Visitors to other games and websites are encouraged to review the privacy policies and information collection practices of those websites. Any improper collection or misuse of User Content or information provided in the Game is a violation of the EULA Agreement and should be reported to Company.

 

5. 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 etc.) 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 as follows: (a) We may share information about you with third party agents and contractors in order to provide the Game to you, for ongoing development, for analytical purposes etc. We will only provide information to such third party agents and contractors for their performances of their specific assignments for us and consistent with this Privacy Policy, and for no other purposes and provided that such third party agents and contractors have ensured an adequate level of protection of the Personal Data in accordance with all Applicable Data Protection Legislation and/or though agreements with us; (b) Where the Game and related services are accessed and/or provided through social networks; (c) 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; (d) 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 Company, the Game, end users etc; (e) In order to provide certain Game features; (f) For advertising purposes SUBJECT TO RESTRICTIONS APPLICABLE UNDER COPPA AND ANY OTHER APPLICABLE LEGISLATION WHICH MAY RESTRICT TRACKING AND TARGETTING ADVERTISING TO CHILDREN WHERE THE GAME HAS BEEN MADE ACCESSIBLE TO CHILDREN. We may share your advertising ID with advertising partners in order to serving behavioral advertisements to you within the Game if you have given consent in accordance with applicable law. Where applicable certain third parties’ use of Personal Data will not be covered by this Privacy Policy. In such instances you must review such third parties’ privacy policies.

 

6. Payment information.  In order to access the complete Game, certain premium game functions, levels, content and features etc. you may 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. Company 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 Company’ business (e.g. processing orders and payments).

 

7. User Access and rights with respect to Collected Information.  You may request access to review any processed Personal Data which may be collected by Company as applicable. This includes confirmation as to whether or not Personal Data is in fact being processed, and, where that is the case, access to the personal data and the following information: (a) the purposes of the processing; (b) the categories of Personal Data concerned; (c) 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; (d) where possible, the envisaged period for which the personal data will be stored or, if not possible, the criteria used to determine that period; (e) the existence of the right to request from Company rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing; (f) the right to lodge a complaint with a supervisory authority; (g) where the Personal Data are not collected from you, any available information as to the source; (g) the existence of automated decision-making, and any meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject as may be applicable. You may request 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 make 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 rights or trade secrets. You have the right to object to the Personal Data processing on grounds relating to your particular situation. 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 may cease automatically. 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: (a) The Personal Data is no longer necessary in relation to the purposes for which it was collected or otherwise processed; (b) if you have withdrawn your consent and there are no other legal grounds for the processing; (c) if you have objected to the processing and there are no overriding legitimate grounds for the processing; (d) the Personal Data have to be erased for compliance with a legal obligation pursuant to any applicable law; (e) the Personal Data has been unlawfully processed. Please note that your right to erasure may be limited if the data are necessary for compliance with a legal obligation or for the establishment, exercise or defense of legal claims. If we have asked for your consent to our processing of your Personal Data, you have the right to withdraw your consent at any time. You may at any time opt out of and/or unsubscribe from emails from Company and our service providers, or withdraw consent to Personal Data storage, either via the unsubscribe link included in the emails, or by emailing Company at the contact provided below. If you withdraw your consent, we will cease processing of the Personal Data for which you have withdrawn consent, unless we have a legal obligation to keep some or parts of your data. Please note that if you withdraw your consent, your right to play the Game and related services may cease automatically. The withdrawal of your consent does not affect the lawfulness of processing based on your consent before its withdrawal.

 

8. Changing or Removing Account Information.  Access and control over most Personal Data in the Game is readily available through the profile editing tools on your account with the applicable platform/service provider that you are accessing the game through. End Users may modify or delete any or all of their profile information at any time by logging into their accounts. Information will be updated as soon as possible. End Users who wish to deactivate their Game account may do so in their accounts with the applicable platform/service provider that you are accessing the game through. Removed information may persist in backup copies for a reasonable period of time but will not be generally available to other End Users or visitors of the Game. You cannot however remove communications made in any communication features in the Game, which might have been shared with other End Users (for example sending personal messages to another End Users).  Company has no control or responsibility over account information registered and administered through a third party platform/service provider.

 

9. Changes to our Privacy Policy. This Privacy Policy applies to all information collected by us or provided to us on and after the Effective Date. This Privacy Policy is subject to change and we may make any changes to this Privacy Policy as we see fit. Company will notify you of material changes by posting them on applicable game/app stores, and/or on the websites etc. You are encouraged to check back and review this Privacy Policy from time to time so that you will always know what information is collected how it is used and to whom it is disclosed. Your continued use of our services and playing of the Game subject to this Privacy Policy will signify your acceptance of Privacy Policy changes.

 

10. GOVERNING LAW & DISPUTE RESOLUTION.  This Agreement will be subject to and governed by the laws of the Province of Ontario and the laws of Canada applicable therein without regard for its conflicts of law principles that would require application of the laws of any different jurisdiction. Any dispute, controversy or claim arising out of or relating to this Privacy Policy, including the formation, interpretation, breach or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. The tribunal will consist of a sole arbitrator. The place of the arbitration will be Toronto, Ontario, Canada, or may be conducted virtually via electronic communication to the extent the Arbitration Rules allow for such.  The language to be used in the arbitral proceedings will be English.  Judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof.  In any arbitration arising out of or related to this Agreement, the arbitrator(s) may not award any incidental, indirect or consequential damages, including damages for lost profits. In any arbitration arising out of or related to this Agreement, the arbitrator(s) shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator(s) determine a party to be the prevailing party under the circumstances where the prevailing party won on some but not all of its claims and counterclaims, the arbitrator(s) may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.  Notwithstanding anything to the contrary, Company may apply to any court of competent jurisdiction for injunctive or other equitable relief. For clarity, the foregoing does not apply to any dispute between You and any other Game user.  You are solely responsible for your interactions with other users of the Game. Company reserves the right, but have no obligation, to monitor disputes between You and other users.

 

11. Company Privacy Officer Contact. If you have any questions, complaints or comments or wish to invoke any of the rights noted above regarding our Privacy Policy, please contact Company at the contact address noted below.  We will process and answer your requests without undue delay and in any event within one month of our receipt of the request unless a longer period is required due to the complexity of the request. 

 

 

Cream Digital

380 Adelaide Street West, 

Toronto, Ontario Canada M5V1R7

 

Privacy Officer Email:   privacy@creamproductions.com

 

 

Last Updated: October 23, 2020