Terms of Service
PRIVACY POLICY
in force from 22 May 2018, updated 14 March 2022
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 advertising) 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.
The Data may also be used to automatically analyze your in-game behavior and provide you with personalized in-game offers based on such analysis. You may choose to opt out from such analysis at any time in the Software menu. Collecting and storing log data about actions you perform by playing the game allows us to build and implement machine learning models. These are algorithms which try to predict your behavior based on historical data. The outcome of such prediction can be used to adjust different game features to improve your experience with the game e.g. by providing personalized in-game gifts and/or special offers. Such analysis never leads to producing legal effects which concern you as well as does not similarly significantly affect you. The only consequence of such analysis is the possibility of providing you with personalized offers inside the Software you are using.
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 is 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 includes 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.
Most of 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 the processing of your Data? section below. If it is possible to opt out from collecting such Data or the processing requires your consent you will be informed of the fact by an in-game message or you will be able to change your choices in the Software options/settings menu.
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 the 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 advertising 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 a 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 privacy policies is available here.
Who may access your Data?
Within our organization your Data shall be disclosed only to our personnel which need 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 (also on a need-to-know basis). 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 in the 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 accordance with 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 based on your consent, you may withdraw such consent at any time (check Software options/settings menu).
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 or some of the functionalities of the Software.
If you withdraw your consent to processing of certain Data, you may not be able to use the full functionality of the Software or participate in some activities, like contests.
Your Data may be portable upon your request, however the 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 President of the Data Protection Office (Prezes Urzędu Ochrony Danych Osobowych) in Poland , 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 [email protected] or by means of phone +48 523 215 728 or post: Ogińskiego 2, 85092 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: [email protected].
- 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 advertising) 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.
- 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.
- 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).
- your username;
- profile picture;
- age range;
- gender;
- your friends using the same Software.
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 or some of the functionalities of the Software.
If you withdraw your consent to processing of certain Data, you may not be able to use the full functionality of the Software or participate in some activities, like contests.
Your Data may be portable upon your request, however the 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 President of the Data Protection Office (Prezes Urzędu Ochrony Danych Osobowych) in Poland , 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 [email protected] or by means of phone +48 523 215 728 or post: Ogińskiego 2, 85092 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: [email protected].
SOFTWARE TERMS OF SERVICE
4. VIRTUAL GOODS
a. Virtual goods are virtually existing non-physical objects used within Software and Services.
b. Vivid Games may license the User to make use of specific virtual goods within Vivid Games Software and Services. The license may be granted both free of charge and for a consideration, which may be paid in real-life currency, activation codes as well as in-game virtual currency or virtual currency offered by third parties, in particular certain platform operators.
c. User acknowledges and agrees that all billing and transaction processes are handled third party platform operators (such as iTunes or Google Play), from which platform User has downloaded the Software and Services, and are governed by such platforms terms and conditions. If the User has any payment related issues, such User need to contact the platform operator directly. Vivid Games shall not be a party to such an agreement between the User and platform operator and shall not be liable for any obligations or damage rising thereof.
d. License to use any virtual goods shall be granted to a specific User for their limited, private, non-commercial use, and it shall not be a subject to assignment, sale, multiplication or transfer of any kind.
f. Vivid Games may modify any rules of using or eliminate virtual goods within Software and Services at any time without notification, without User’s consent and no liability. Vivid Games shall not be liable to reimburse expenses incurred by User in respect of purchase of virtual goods.
5. SUBSCRIPTIONS
a. Some parts of the Software and Services may be billed on a subscription basis (“Subscription”). Subscription provides access to dynamic content or services from within the Software and Services on an ongoing basis. Subscriptions may be available at different fees chargeable for a set period of time specified in the Software and Services (“Subscription Period”). Payment will be billed on the User’s account in third party platform (such as iTunes or Google Play) when User confirms the Subscription by available confirmation tools within the Software and Services.
b. Trial Subscription is offered free of charge for certain period of time from activation specified in the relevant offer in the Software and Services. In case the User does not cancel the Subscription within such period, Subscription Fee shall be taken from User’s relevant third party account when the trial period expires. User’s Subscription begins immediately after the activation of a trial Subscription, not after the seven-days trial period. User may cancel a Subscription during its free trial period using the Subscription setting of User’s account in the relevant platform account (such as iTunes or Google Play). Vivid Games cannot cancel your free-trial subscription if it has already been activated.
b. Subscription is automatically renewable, unless the User turns such Subscription off at least 24 hours before the expiry of the current Subscription. Subscription Fee shall be taken from User’s relevant account during 24 hours preceding the expiry of the current Subscription. In case Subscription Fee cannot be taken from User’s account due to absence of monetary funds, invalidity of credit card or for any other reasons, Subscription is automatically cancelled.
d. Once the User has bought a Subscription, User can manage it and switch off automatic renewal at any time after the purchase in the settings of User’s account in third party platform (such as iTunes or Google Play). User cannot cancel User’s current Subscription if it has already been activated.
e. Except when required by law, paid Subscription Fees are non-refundable.
f. Vivid Games in its sole discretion and at any time may modify the Subscription Fee. Any Subscription Fee change will become effective at the end of the current Subscription period. User will be provided a reasonable prior notice of any change in Subscription Fee. If User does not take action to agree to the increase in Subscription Fee, such User’s Subscription shall expire at the end of the current Subscription period.
g. User acknowledges and agrees that all billing and transaction processes are handled third party platform operators (such as iTunes or Google Play), from which platform User has downloaded the Software and Services, and are governed by such platforms terms and conditions. If the User has any payment related issues, such User need to contact the platform operator directly. Vivid Games shall not be a party to such an agreement between the User and platform operator and shall not be liable for any obligations or damage rising thereof.
SUPPORT TERMS OF SERVICE