Privacy policy

in force from 22 May 2018 

Vivid Games (hereinafter: "Vivid Games", "us", "our" or "we") is protecting the privacy rights of our users ("users" or "you").  This Privacy Policy (hereinafter: "Policy") lays out the rules or processing (i.e. collecting, storing, using, and managing) users personal information, and data that you provide or we collect in connection with any of our services, websites or any Vivid Games game provided on a mobile platform (we shall refer to all those services and games as “Software” in this document). We shall refer to all the personal data and information you provide to us or we collect as “Data” in this document. 

All use of Software is governed by this Privacy Policy and by using or accessing the Software you give consent to the processing, use and disclosure of your data. Please do not install or use the Software if you do not agree to this Privacy Policy. 

Not all of the Data processing described herein will apply to you, as there may be differences in processing practices in respect of some of our Software (e.g. not all games include multiplayer or social network features). 

Why are we processing your Data?

We may process your Data under the following legal basis:
  • To perform under a contract you enter into with Vivid Games which allow you to use the Software (please check End User License Agreement and Terms of Service). It is the basis of processing when we make the Software available to you, provide customer support, integrate our Software with your devices and distribution platforms such as Apple iOS and Google Android and inform you of the Software related changes and game progress.
  • To pursue our legitimate interests such as engineering, performing analysis of user behavior for future improvement of our games and user experience as well as obtaining revenues from your use of Software (direct payments as well as revenues from advertisement) and successful marketing of our Software.
  • To perform our legal obligations to process the Data, e.g. prevention of frauds or maintaining tax records. 
  • When the processing is not covered by the agreements, you provide your consent to such processing, when applicable.

In general, the Data is essential to allow use of Software by end users. The Data serves several specific purposes which are described both in this Policy as well as in other documents disclosed to you, such as Terms of Service and End User License Agreement which you have entered into by using our Software. In particular, your Data may be used to:
  • Create game accounts and allow users to play our games;
  • Save your game progress;
  • Identify and suggest connections with other Software users;
  • Allow to participate in leaderboards;
  • Operate and improve our Software;
  • Understand you and your preferences to enhance your experience and enjoyment using our Software;
  • Respond to your comments and questions and provide customer service;
  • Provide and deliver products and services you request;
  • Deliver advertising and marketing and promotional information to you, including interest-based advertising;
  • Send you related information, including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages (if applicable);
  • Communicate with you about promotions, rewards, upcoming events, and other news about products and services offered by Vivid Games and our selected partners;
  • Enable you to communicate with other users;
  • Enable you to take part in multiplayer games with other users; 
  • Conduct marketing; 
  • Link or combine it with other information we get from third parties, to help understand your preferences and provide you with services better fitting your expectations;
  • Allow statistical analysis of users’ preferences and behavior and adjust our Software to your preferences based on such analysis.

We shall process your Data as long as you are using our Software, however some data may be stored after that period for technical, marketing and statistical purposes. 

What Data are we processing and how do we collect it?

There are some Data which you provide to us voluntarily, such as Data required to register an account (if applicable), to subscribe to marketing communication, to take part in a contest or sweepstake or to request help from our support. Such Data include your name, email address and other contact details.

Other Data is collected automatically from you, your device and other services your are using. Such Data include:
  • Mobile device identifiers (such as your unique device ID (persistent/non-persistent, hardware type, international mobile equipment identity ("IMEI");
  • Your communications within the Software (e.g. in-game chats and messages with other players);
  • Data and analytics about your use of our Software (e.g. in-game play progress, levels, games played, session length, preferred settings, which in-game adverts you may have viewed, in-game references or just game preferences, what friends you connect with, how you were directed to our Software);
  • Your IP address and device identifiers such as your Advertising ID, Device ID numbers;
  • Your device type and the operating system that you use;
  • Broad geographic location (e.g. country or city-level location) based on your IP address;
  • GPS location (if you provide your consent to provide us with such Data).

Not all of such data is immediately considered to be personal data under applicable laws, however it may be regarded as such if it allows to identify you in connection with other information. 

The Data which is collected automatically is necessary for us to operate the Software. If you wish such Data not to be collected, you should not install or use our Software. If you already did, please refer to Can you influence processing of your Data? section below.

We also may receive some of your Data from Social Network Services you participate in, especially when you connect to our Software using your account registered in some of such Social Network Services (e.g. Facebook). Such Data include:
  • your username;
  • profile picture;
  • age range;
  • gender;
  • your friends using the same Software.

We may receive some of your Data from other third parties and advertising partners, in particular when you were directed to our Software via advertisement in other products. 

Our Software may contain third party tracking and data collection and analytics tools from our service providers. Such third parties may use cookies, APIs, and SDKs in our Software to enable them to collect and analyze user and device related data and information on our behalf. The third parties may have access to and collect data and information about you, such as your device identifier, MAC address, IMEI, locale (specific location where a given language is spoken), geo-location information, IP address, application usage, access and session times, applications present on the device or in use at a particular time on the device, and your viewing of and interactions with advertising, for the purpose of providing their services, including, for example, enabling, providing and delivering advertising as described in further detail below.   

The privacy policies of our service providers may include additional terms and disclosures regarding their data collection and use practices and tracking technologies, and we strongly advise you to check such privacy policies to learn more about their data collection and use practices, or use of tracking technologies. 

In no instance we process any special categories of information, such as information on your health, race, religion, political opinions or philosophical beliefs, sexual preferences or orientation or any information of similar categories. We do not require you to provide us such information and we do not collect it automatically. 

When we collect Data we do not know the age of our players. In case a player has a Facebook account and has logged in to a game, we will get the age information from player’s Facebook profile information. If we learn that we had inadvertently gathered Data from a child under 13 years of age, we will take reasonable measures to promptly erase such personal information from our records.

Third party advertisement

Advertisers on mobile devices and our third party advertising and analytics partners sometimes collect and use Advertising IDs to enable and optimize advertising. Advertising IDs are non-permanent device identifiers such as the Android advertising ID and/or Apple's ID for advertising.

These advertisers and third party advertising and analytics partners may collect and use data and information about you, such as your Software session activity, viewing of and interaction with an advertisement, device identifier, MAC address, IMEI, geo-location information and IP address for the purposes of analyzing, tracking and measuring advertisement performance and to provide interest based advertising.

In addition, you may see our games advertised in other services.  After clicking on one of these advertisements and installing our game, you will become a user of our Software.  In order to verify the installs, a device identifier may be shared with the advertiser or third party advertiser or analytics partner.

We inform you of such aforementioned collection practices, however we are not in control of data collected in such way, if you want to know more, you should revise privacy policies of such third party advertisers. A list of such third parties and links to their provacy policies is available here.

Who may access your Data?

Within our organization your Data shall be disclosed only to our personnel which needs to know such Data for carrying out their work and shall be subject to strict rules. We may disclose your Data to our affiliates (companies controlled by Vivid Games) and their personnel. 
Apart from that, third parties (such as advertising providers) may access your data as described in this Policy. Such third parties may be located outside the European Union or the European Economic Area, in particular United States of America in accordance with applicable legislation and this Policy.  
We may use third parties to collect and process personal data on our behalf and in according to our instructions. We are not liable for the acts and omissions of these third parties, except as provided by law provisions.

Can you influence processing of your Data?

At any time you may request us to have access to your Data. You may request the Data to be corrected. You may also request to erase your Data, restrict the processing of your Data or object to such processing. If we process your Data basing on your consent, you may withdraw such consent at any time. 

Please pay attention however, that erasure of all your data may be technically impossible if such data is connected with your accounts in other services, in particular Social Network Services and mobile platform operators.

Also keep in mind, that use of the Software requires your Data to be processed as described herein. If you do not accept processing of your Data, you should cease using the Software. The data you provide is necessary to perform the agreements you enter into with Vivid Games which allow you to use the Software. If you object to processing of your Data, request the Data to be erased or request that we stop processing your Data, as a result you may not be (depending on the type of Data and the type of Software) able to use the Software. 

If you withdraw your consent to processing of certain Data, you may not be able to use full functionality of the Software or participate in some activities, like contests. 

Your Data may be portable upon your request, however possibility of transfer is technically limited. 

If you consider your rights to be violated or your Data processing rules infringed, you are entitled to file a complaint with relevant supervisory authority. Default authority for such a complaint is Inspector General for Personal Data Protection (Generalny Inspektor Ochrony Danych Osobowych) in Poland (soon to be replaced by a new authority - Prezes Urzędu Ochrony Danych Osobowych), however you may also lodge a complaint with any other personal data protection authority in an European Union member state. 

Controller of the Data is Vivid Games S.A. You can contact us at personal.data@vividgames.com or by means of phone +48 523 215 728 or post: Gdańska 160, 85674 Bydgoszcz, Poland.Vivid Games is not considered to be the controller of your Data, if it is collected by third parties under their privacy policies. We recommend you to check such policies, in particular in respect of your use of any Social Network Services, where you provide the most of your Data, which is then transferred elsewhere. 

All requests concerning your Data should be sent to: personal.data@vividgames.com.