Last update: 26 January 2021

1. GENERAL

1.1     We, Stingray Games GmbH (briefly “Stingray” or “we”/”us”), are a limited liability company having its corporate seat in Hammer-Purgstall-Gasse 8/4, 1020 Vienna, Austria, Europe. We are registered in the Vienna Commercial Court’s company register under company number FN 539883x. Our email address is contact@stingraygames.io.

1.2     We take your personal data very seriously and are vigilant with regard to its protection. With this Privacy Policy (briefly “Policy”), we would therefore like to inform you of the purposes for which and how we collect and process your data (including your personal data), when you use our game “Battle Dome” (briefly “Game”). Hence, this Policy applies and has effect in respect of this Game. Equally, we would like to inform you about any third parties who may receive your data and for which purposes they do so.

1.3     The Game collects and processes data from individuals under the age of fourteen in the same way as for other users as described in this Policy for enabling us

(i)       to fulfil our contractual obligations arising from you playing the Game (for details on that legal foundation, please see Article 6 (1) lit b of the General Data Protection Regulation, briefly “GDPR”);

(ii)      to fulfil our legal and professional obligations (for details on that legal foundation, please see Article 6 (1) lit c GDPR); and

(iii)     to enable us to improve the Game, which we believe is in our legitimate interest (for details on that legal foundation, please see Article 6 (1) lit f GDPR).

If you wish data of individuals (over or under the age of fourteen) to be deleted, please contact us at our contact information as set-out in item 1.1, above.

1.4     Should you have any questions or comments about this Policy, or should you wish to exercise your rights as a so-called “data subject” (for details on those rights, please see item 5., below), please contact us at our contact information as set-out in item 1.1, above.

1.5     We may make changes to this Policy from time to time in the future, which will be made available here. We encourage you to check here for any such changes from time to time, so you remain fully informed about Stingrays data collection, processing and storing activities pertaining to the Game. Where appropriate, we may also notify you of such changes through the Game.

2. OUR DATA PROCESSING ACTIVITIES REGARDING THE GAME

2.1     Microsoft Azure Playfab

2.1.1  When you start the Game for the first time, we will assign a randomly generated ID-number to you. With this ID-number, we subsequently create an account at Microsoft Azure Playfab (briefly “Playfab”), which is operated by Microsoft Deutschland GmbH, Walter-Gropius-Straße 5, 80807 Munich, Germany (briefly “Microsoft Germany”), on servers located in Germany and thus in the EU. Details on Playfab service can be found here: https://playfab.com/, and we employ Microsoft Germany as a processor in terms of Article 28 GDPR.

2.1.2  When you play the Game, we receive the following data regarding the randomly generated ID-number via Playfab/Microsoft Germany, which we basically could link to your user account in the Game, if you set up an user account in the Game, which currently is not possible because the Game does neither require nor provides the possibility to set up an account in/for the Game or otherwise register with the Game. Thus, we believe that we do neither collect nor process personal data of you. However, we nevertheless treat that data as your personal data and we process that for the following purposes and on the basis of the following legal foundations:

(i)       IP address: via Playfab/Microsoft Germany, we process your IP address for identifying you as a user of the game and for connecting you to the Game’s server for enabling you to play the Game online with others – we do so for fulfilling our contractual obligations arising from you playing the Game under Article 6 (1) lit b GDPR;

(ii)      Location: via Playfab/Microsoft Germany, we process your location for connecting you with other players in your region (thisis called “regional match-making”) so that you can enjoy playing the Game online as smoothly as possible and especially with as little internet-connection-lags between you and other players as possible – we do so for fulfilling our contractual obligations arising from you playing the Game under Article 6 (1) lit b GDPR, and we also believe that it is in our legitimate interest to provide you with an as smooth as possible gameplay experience via the above-mentioned regional matchmaking (Article 6 (1) lit f GDPR);

(iii)     Location: via Playfab/Microsoft Germany, we also process your location for analysing your in-game-behaviour for improving the game with a view to specific regions, such as implementing new features or changing existing features for specific regions with a view to corresponding regional preferences – we do so because we believe that it is in our legitimate interest to provide you with a regionally targeted gameplay experience via the above-mentioned analysis of the in-game-behaviour of players in specific regions (Article 6 (1) lit f GDPR);

(iv)     Device information: via Playfab/Microsoft Germany, we also process your device information, that is [Platform, GraphicsDeviceId, GraphicsDeviceName, GraphicsMemorySize, GraphicsShaderLevel, SystemMemorySize, ProcessorCount, ProcessorFrequency, ProcessorType, SupportsAccelerometer, SupportsGyroscope, GraphicsMultiThreaded, PlayerIP, PlayerLoaction, UserAgent, ProductName, ProductBundle, Version, Company, GraphicsType, SupportsLocationService, TargetFrameRate, UnityVersion, DeviceModel, DeviceType, DeviceUniqueId, OperatingSystem], for ensuring your device’s compatibility with the Game – we do so for fulfilling our contractual obligations arising from you playing the Game under Article 6 (1) lit b GDPR;

(v)     Log in and log out times: via Playfab/Microsoft Germany, we also process the times when you log into the Game and when you log out of the Game for analysing the duration for how long you play the Game and at which point in time, respectively at which point in the Game you log out of the Game – we do because we believe that it is in our legitimate interest as this analysis enables us to improve the Game as well as to consequently provide you with a better game experience (Article 6 (1) lit f GDPR);

(vi)     Game Progress: you can progress in the Game and collect experience points as well as various in-game-assets for your player character as rewards for your in-game-actions (briefly “Game Progress”). Your Game Progress is stored in Playfab by Microsoft Germany on servers located in Germany and thus in the EU. The purpose of the collection of the Game Progress is to enable us to fulfil our contractual obligations arising from you playing the Game (for details on that legal foundation, please see Article 6 (1) lit b GDPR) and to fulfil our legal and professional obligations (for details on that legal foundation, please see Article 6 (1) lit c GDPR).

2.2     Google Play Console Analytics

2.2.1  When you play the Game on Android devices, we collect and process the following aggregated data, which is anonymous data to us. Nevertheless, we would like to inform you as follows about our collection and processing of that data:

(i)       Aggregated time stamps: via Google Play Console Analytics, we receive the total amount of players who have played the Game on a specific day, such as “ten players played the Game on 26 January 2021” – we process this data for analysing the success of the Game and we believe that this is in our legitimate interest for analysing whether and how we could improve the Game for reaching more players (Article 6 (1) lit f GDPR).

3. OUR DATA PROCESSING ACTIVITIES REGARDING YOUR POSSIBLE INQUIRIES AND REQUESTS

3.1     If you make an inquiry with us or request something from us (for example via e-mail, mail, fax or telephone), we process the contact data you have provided to us within your inquiry/request, such as your name as well as your contact details, such as your e-mail address, telephone number, postal address and/or fax number, for the purpose of answering your inquiry or responding to your request (for details on that legal foundation, please see Article 6 (1) lit b) GDPR). The same applies if you report a bug in the Game to us within a corresponding inquiry or request of yours.

3.2     If you do not provide us with at least one of your contact details, such as your e-mail address, telephone number, postal address or fax number, we unfortunately cannot answer your inquiry or respond to your request.

3.3     In order to be able to fulfil the abovementioned purposes, we work together with service providers (briefly “Processors“), who process your personal data on our behalf and for our purposes, but not for their own purposes. The current sole processor is:

4. DATA SHARING

4.1     We generally do not share any of your data with third parties outside of Stingray. With regard to the service providers we use for handling email communication with you, please see item 3.3, above.

5. 5. RETENTION PERIODS

5.1     We generally do not retain personal data for longer than it is necessary for the fulfilment of the respective purpose for which your personal data was collected. Unless otherwise required by law, we retain your personal data for a maximum of one-hundred-eighty days following the relevant matter having been addressed and/or following inactivity, whatever occurs earlier.

5.2     For the assertion or defence of legal claims as well as in light of § 1489 of the Austrian Civil Code, we, in particular cases, may store communications regarding bugs and/or other errors in the Game for up to thirty years after the relevant matter has been addressed.

6. 6. YOUR RIGHTS AS A “DATA SUBJECT“

6.1     As a person concerned under data protection laws (briefly “Data Subject“), we would like to inform you of the following rights you generally have vis-à-vis Stingray as the so-called “controller”:

(i)       Right to Information (for details, please see Article 15 GDPR): Every data subject has the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data (copy of the personal data which are the subject of the processing) 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 organisations; (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 the controller 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 the data subject, any available information as to their source;(h) the existence of automated decision-making, including profiling. The controller shall provide a copy of the personal data undergoing processing. For all further copies which the data subject requests, the controller may request a reasonable fee on the basis of administrative costs. Where the data subject makes the request by electronic means, and unless otherwise requested by the data subject, the information shall be provided in a commonly used electronic form;

(ii)      Right to Rectification and Erasure, for details, please see Article 16 GDPR: The data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement. The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies: (a) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; (b) the data subject withdraws consent on which the processing is based, and where there is no other legal ground for the processing; (c) the data subject objects to the processing (see below); (d) the personal data have been unlawfully processed; (e) the personal data have to be erased for compliance with a legal obligation in the EU or member state law to which the controller is subject;(f) the personal data have been collected in relation to the offer of information society services (consent of a child).The right to erasure does not apply to the extent that processing is necessary for compliance with a legal obligation of the controller, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller, and/or for the establishment, exercise or defence of legal claims.

(iii)     Right to Restriction of Processing, for details, please see Article 18 GDPR: The data subject has the right to obtain from the controller restriction of processing where one of the following applies: (a) the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data; (b) the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead; (c) the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims; or (d) the data subject has objected to processing pending the verification whether the legitimate grounds of the controller override those of the data subject. Where processing has been restricted, such personal data shall, with the exception of storage, only be processed with the data subject’s consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State. A data subject who has obtained restriction of processing shall be informed by the controller before the restriction of processing is lifted.

(iv)     Right to Data Portability, for details, please see Article 20 GDPR: Insofar as the processing is based on consent or a contract and the processing is carried out by automated means, the data subject has the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format. In exercising his or her right to data portability pursuant to paragraph 1, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible.

(v)     Right to Object, for details, please see Article 21 GDPR: The data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller or the purposes of the legitimate interests pursued by the controller or by a third party. The controller shall then no longer process the personal data, except where he prove compelling legitimate grounds for the processing, which override the interests or fundamental rights and freedoms of the data subject, or the processing serves the establishment, exercise or defence of legal claims. Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. If the data subject objects to the processing for the purposes of direct marketing, the personal data shall no longer be processed for this purpose.

(vi)     Right to File a Complaint with a Supervisory Authority: Every data subject has the right to file a complaint with a supervisory authority without prejudice to other administrative or judicial legal remedies, in particular in the EU Member State of their residence, their workplace or the place the alleged offense occurred, if the data subject is of the view that the processing of personal data concerning him or her breaches these legal provisions. The contact information of the Austrian Data Protection Authority can be found here: https://www.dsb.gv.at/.

6.2     We at Stingray are available for any further questions regarding privacy matters and this Policy. Please contact us at our contact information as set-out in item 1.1, above.