BIG PANDA GAMES (we) are committed to protecting your personal data and respecting your privacy.

INTRODUCTION

This policy (together with our end-user licence agreement (EULA) and any additional terms of use incorporated by reference into the EULA, together our Terms of Use) applies to your use of:

Big Panda Games mobile application software (App) available on App Store and Google Play Market, once you have downloaded a copy of the App onto your mobile or handheld device (Device).

Any of the services accessible through the App (Services), unless the EULA states that a separate privacy policy applies to a particular Service, in which case that privacy policy only applies.

This policy sets out the basis on which any personal data we collect from you, or that you provide to us, if it takes place, will be processed by us. Please read the following carefully to understand our practices regarding your personal data and how we will treat it.

This Policy does not apply to your use of our or our affiliates’ websites, where the relevant Privacy Policy and Cookies Policy is applicable.

We offer users a number of activities, most of which are directed at children under the age of 16 (for the purpose of General Data Protection Regulation) and 13 (for the purpose of Children’s Online Privacy Protection Act), and other activities that are targeted for older users.

The Children’s Online Privacy Protection Act (COPPA) requires us to inform parents or legal guardians about how we collect, use, and disclose personal information from children under the age of 13. COPPA also requires that we obtain the consent of parents or legal guardians before we allow children under the age of 13 to use certain features of our Apps.

The General Data Protection Regulation (GDPR) requires us to inform parents or legal guardians about how we collect, use, and disclose personal information from children under the age of 16. The GDPR also requires that we obtain the consent of parents or legal guardians before we allow children to use certain features of our Apps.

We do not knowingly collect and store personal data directly from: (i) US resident children under 13 years of age without parental consent, except as permitted under COPPA; (ii) EU resident children under 16 years of age without parental consent, except as permitted under EU applicable law. We do not use our Apps or Services to knowingly solicit any data or information from such users.

If we believe that we have collected and stored personal data from a child (without the necessary parental consent or other legal basis to do so), we will delete the personal data provided as soon as feasibly possible. If you are aware that your child has provided us with personal data not in accordance with the terms of this Privacy Policy, please contact us at: [email protected].

In any event, we do not condition a child’s usage of or access to any online activity or Apps on the child providing any personal data.

This policy is provided in a layered format so you can click through to the specific areas set out below.

• IMPORTANT INFORMATION AND WHO WE ARE
• THE DATA WE COLLECT ABOUT YOU
• HOW IS YOUR PERSONAL DATA COLLECTED?
• HOW WE USE YOUR PERSONAL DATA
• DISCLOSURES OF YOUR PERSONAL DATA
• INTERNATIONAL TRANSFERS
• DATA RETENTION
• YOUR LEGAL RIGHTS

IMPORTANT INFORMATION AND WHO WE ARE

BIG PANDA GAMES is the controller and is responsible for your personal data (collectively referred to as “Company”, “we”, “us” or “our” in this policy).

If you have any questions about this privacy policy, please contact us using the details set out below.

Contact details

Our full details are:

• Full name of legal entity: BIG PANDA GAMES

• Email address: [email protected]

You have the right to make a complaint at any time to a competent supervisory authority of an EU member state the list of which you can find at the following link https://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.

Changes to the privacy policy and your duty to inform us of changes

We keep our privacy policy under regular review.

This version was last updated on [DATE]. It may change and if it does, these changes will be posted on this page and, where appropriate, notified to you when you next start the App. The new policy may be displayed on-screen and you may be required to read and accept the changes to continue your use of the App or the Services.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during our relationship with you.

Third party links

Our Apps don’t contain any third-party advertising banners, but they may contain information about our other Apps, Services or goods with links to those Apps (either to Google Play, App Store or Amazon).

Our Apps may contain external links to our pages on the App Store, Google Play, Facebook, Instagram, YouTube channel, Twitter or Amazon. All external links such as our website, social media and support e-mail are secured behind a parental gate (for example the App requires to swipe two fingers in specified direction).

THE DATA WE COLLECT ABOUT YOU

We understand the importance of our users’ personal data, and more importantly the information pertaining to children under 16 (for the purpose of GDPR) and 13 (for the purpose of COPPA) years of age.

We do not collect or require users to enter their personal information when they use our Apps. We do not collect any personal data from children with our Services.

Our Apps don’t use or collect a user’s precise geographic location.

However, there are cases when we may collect some of your personal data and only if such cases arise we collect it. This Privacy Policy describes all cases, when we may collect your personal data and, consequently, which data we collect in such cases and how we process it. Notwithstanding anything to the contrary herein we do not collect any personal data just by the fact that this Policy describe the cases when personal data may be collected or by the fact of usage our App.

For example: we do not collect any personal data mentioned in “User Account Registration” below is relevant App functional does not available for users or is not used by the user.

We may offer for you any paid services or features within our Apps. In all such cases, if they a`re available, you make payments for our offers via services and features provided and supported by Apple and Google. They directly process and collect your payment data according to your agreement with them with respect to your usage of their respective services and features. We do not collect any your payment data and do not authorize or instruct Apple or Google to collect and store such data on our behalf or in our favor.

In some cases, our Apps provide you with ability to indicate some personal data of your child like name or full name and age or make a photo. In each such cases we do not collect and store such data. This information is recorded on your devices only, where Apps have been installed. This data will be irrevocably deleted upon uninstallation or deleting our Apps from your device.

User Account Registration

Generally, we do not require users to create account in order to be able to use our Apps and Services and consequently we do not collect any your personal data in such cases.

However, sometimes user account registration helps users to use our Apps. All function and features of our App that require creation users account, if they are available, are intended for users at least 18 years old or younger provided that such you have reached the appropriate age that allows you (a) to consent to the processing of personal data in your country without prior approval of your parents or legal guardians; and (b) to enter independently into contracts in your own country, without prior approval of your parents or legal guardians.

By creating an account and using the Services and our Apps as registered user, if such functional is available in your country, you confirm that you have reached the appropriate foregoing age requirements. If you do not comply with such age requirements do not create account and do not directly use our Services requiring account registration.

If you are not sure about whether you can independently consent to the processing of personal data, please contact your authorized personal data protection authority in your country.

We may ask you to submit additional documents or to pass through additional procedures to make sure that you are already 13 years old (or more, as required by the laws of your country), if we have reasonable doubts about your age. We may also contact your parents or legal guardians to obtain consent or approval of the processing of personal data concerning you if you have not reached the appropriate age. For a period of clarification or getting the approval from your parents or legal guardians, we may restrict the processing of data on you and temporarily block your account.

If you create an account, we collect and store from you or from third parties the following information

• Identity Data: first name, last name, username or other identifier.

• Contact Data: email address only.

• Device Data: includes your mobile operating system.

• Profile Data: includes details of your use of any of our Apps, namely features and functional available to or activated by you to provide you our Service and your ability use our Apps.

HOW IS YOUR PERSONAL DATA COLLECTED?

If we offer a functional to register an account and you use it, we will collect and process the following data about you:

• Information you give us. This is information (including Identity, Contact) you provide us about you by filling in forms on the App, or by corresponding with us (for example, by email or chat), or via third parties. It includes information you provide when you register or create an account in our Apps, subscribe to any of our Services, make an in-App purchase, and when you report a problem with an App or our Services.

If you contact us, we will keep a record of that correspondence regardless of whether you have registered the account or not.

• Information we collect about you and your device. Each time you use one of our Apps we will automatically collect personal data including Device and Profile Data.

• Location Data. We do not collect your Location Data regardless of you have or not a registered account.

• Information we receive from other sources including third parties and publicly available sources. We will receive personal data about you from some third parties as set out below:

• Identity and Contact Data from Google and Apple. If you choose to create an account or log into account via a third party such as Facebook or Google, we collect and store personal data and other information made available by that third party, such as your first name, last name, e-mail and your user name or other identifier. We may also collect technical information in order to ensure that our Apps connects correctly. The third parties are responsible for obtaining your consent before sharing such data with us.

Information collected through or used our Apps.

Information used automatically by our Apps:

Most of our Apps note Device Preferences and use these data to determine your country, language preferences, mobile operating system. Generally, this information is not collected and stored by us, but our Apps need this information to initialize Apps and its correctly work. This information cannot be connected to a unique device or user or other identifier and is never shared with third parties.

When you use our Apps as registered user, if it is available for you, our Apps also collect your Identity Data to provide you all functions, features and Services that you have previously activated, bought or that available for you.

Information you provide through Apps

Child-users and unregistered users do not have the ability to provide any personal data when using the Apps beyond what has collected or used automatically (as noted above) and we do not collect or process any personal data of such users.

When you save photo or tag such photo by your or your child name and/or age via our Apps, where available, such information is recorded and stored on your devices and will be available for you upon next usage of Apps. We do not collect, store, use or process such information in any manner or way and for any purpose. In each such cases we only provide our Apps for your ability to make and tag photo. And you are able independently determine how this data will be used and processed. This data will be deleted from your devise automatically upon Apps uninstallation or deleting. At your sole discretion you may delete this data from your device at any time.

We do not collect any other information

When you download and use our Apps or Services we don’t require you to provide any information and data about you or your device, except for nonpersonal information that necessary for initialization and work of our Apps.

We don’t collect any other personal data, except as explained above. We do not share such information with third parties.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

HOW WE USE YOUR PERSONAL DATA

We will only use your personal data, if we collect it as describe above, when the law allows us to do so. Most commonly we will use your personal data in the following circumstances:

• (a) Where we need to perform a contract we are about to enter or have entered with you.

By registering an account and using our Apps or Services, you and Company conclude a contract for the provision of services or granting a license, or you and Company may conclude additional agreements when you buy any features of functionality offered by the Company within Apps. In order to provide you with services under such contracts we must collect and process certain data about you. For example, when you buy some features in our Apps you expect to use such purchases within Apps on any devices. We should collect information about you as a user because without it we will not be able to provide you with such features bought.

• (b) Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

legitimate interests means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

• (c) Where we need to comply with a legal or regulatory obligation.

We may process a user’s data if it is required by the law that applies to us. For example, we may provide data on users at the request of courts or other authorized bodies or when collection and identification are required by the legislation on financial monitoring and prevention of money laundering or by other applicable laws.

• (d) Where you have consented before the processing.

We rely solely upon the user's consent when using personal user data for the purpose of displaying targeted advertising, marketing and promotional mailing, or for other purposes for which a specific user’s consent must be granted.

DISCLOSURES OF YOUR PERSONAL DATA

Any personal data collected by us is used solely to provide you the Service or your ability to use our Apps, to improve our Apps and service and we do not provide this information to any third party (beyond those disclosed above), unless in order to comply with a legal obligation to do so (e.g. court order) or in case the ownership of the information changes due to a merger, acquisition or restructuring involving the Company.

INTERNATIONAL TRANSFERS

We do not transfer your personal data outside the European Economic Area (EEA).

DATA RETENTION

We have to keep basic information about you (including Contact, Identity, Profile)for the time necessary to provide the requested services + 3 years after. The purpose of your personal data retention shall be to fulfill a contract with you according to GDPR Art. 6 (1) (b) and duly provide the requested services..

In some circumstances you can ask us to delete your data: see Your legal rights below for further information.

In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

YOUR LEGAL RIGHTS

Under certain circumstances you have the following rights under data protection laws in relation to your personal data.

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

(a) if you want us to establish the data’s accuracy;

(b) where our use of the data is unlawful but you do not want us to erase it;

(c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or

(d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

You also have the right to ask us not to continue to process your personal data for marketing purposes.

You can exercise any of these rights at any time by contacting us at [email protected].