OF FATBYTES GAMING
Last updated : 19 march 2018
WHAT IS THE PURPOSE OF THIS DOCUMENT?
FatBytes Gaming is committed to protecting the privacy and security of your personal data, in accordance with the General Data Protection Regulation of the European Union (hereunder named “GDPR”), you may consult it at the following link: http://www.privacy-regulation.eu/en/
FatBytes Gaming built its Games as Ad Supported Apps. Our Services and Games are intended for use “AS IS”, without warranty, assurances or guarantees of any kind.
General information on data processing
Provision of our services and creation of log files
Registration to the newsletters
Transfer of personal data to third parties
Use of third-party social login services
Use of third-party advertising services
Use of other third-party services
Rights of the data subject
Please note that our Games and Services may contain links to websites that can be held by partner companies and advertisers. If you follow a link to any of these websites, or use these third-party services, you should be aware that they have their own privacy policies and that we do not assume any liability for their processing of your personal data. Therefore, please make sure to read their privacy policies before providing your personal data to them.
WHEN WE COLLECT PERSONAL INFORMATION, WE DO NOT KNOW THE AGE OF OUR PLAYERS. IF A PLAYER HAS A FACEBOOK ACCOUNT AND HAS LOGGED INTONE OF OUR GAMES, WE OBTAIN THE AGE INFORMATION FROM THE PLAYER’S FACEBOOK PROFILE. IF WE DISCOVER WE HAVE INADVERTENTLY GATHERED PERSONAL INFORMATION FROM A MINOR UNDER 13 YEARS OF AGE, WE WILL TAKE REASONABLE MEASURES TO PROMPTLY DELETE SUCH PERSONAL INFORMATION FROM OUR RECORDS.
II. GENERAL INFORMATION ON DATA PROCESSING
1. Legal basis for personal data processing
Insofar as we obtain the consent of the data subject for processing of personal data, Article 6, Paragraph (1), Point (a) of the GDPR of the European Union serves as the legal basis for personal data processing.
In personal data processing required for the fulfilment of a contract of which the data subject is a party, Article 6, Paragraph (1), Point (b) of the GDPR serves as the legal basis. This also applies to the processing required in order to carry out pre-contractual actions.
Insofar as personal data processing is required for the fulfilment of a legal obligation which our company is subject to, Article 6, Paragraph (1), Point (c) of the GDPR serves as the legal basis.
In the event that vital interests of the data subject or another natural person require personal data processing, Article 6, Paragraph (1), Point (d) of the GDPR serves as the legal basis.
If processing is required to protect the legitimate interests of our company or of a third-party, and if the interests, fundamental rights, and freedoms of the data subject do not prevail over the interests mentioned first, Article 6, Paragraph (1), Point (f) of the GDPR serves as the legal basis for processing.
2. Deletion of data and duration of storage
The personal data of the data subject are deleted or blocked as soon as the purpose of storage no longer exists. In addition, such storage may occur if this is provided for by the European or national legislator in European Union regulations, laws or other regulations to which the controller is subject. The blocking or deletion of data also occurs when the storage period prescribed in the abovementioned regulations lapses, unless further storage of the data is required for conclusion or fulfilment of a contract.
3. Data security
FatBytes Gaming makes reasonable efforts to prevent unauthorised access to your personal data as well as unauthorised use or falsification of these data and to minimise the corresponding risks. However, the provision of personal data, whether it be in person, over the phone or over the Internet, always involves risks and no technological system is completely free of the possibility of being manipulated or sabotaged.
FatBytes Gaming processes the information collected from you in accordance with Belgium and European data protection law. All employees and affiliates members are obliged to comply with data secrecy and data protection provisions and are instructed in this regard.
III. PROVISION OF OUR SERVICES AND CREATION OF LOG FILES
The personal information we may collect about you through the Services falls into the following general categories:
1. Information that you provide voluntarily
Certain parts of our Services may ask you to provide personal information voluntarily. For example, we may ask for certain information in order to register an account with us, to begin playing Games, to subscribe to marketing communications from us (e.g. Newsletters), and/or to submit enquiries to us.
It can be the following data:
Your name, email address, billing address, and phone number.
Any information you submit to our customer service team in our Games or via email.
The personal information that you are asked to provide, and the reasons why you are asked to provide it, will be explained to you when we ask you to provide your personal information.
2. Information we collect automatically
Each time our website is accessed, our system automatically collects data and information from the computer system of the accessing computer.
The following data are collected here:
URL of the referring website from which the file was requested
Date and time of access
Browser type and operating system
The page visited by you
Amount of transferred data
Access status (file transferred, file not found etc.),
Duration and frequency of use
The data is also stored in the log files of our system.
When accessing our Games, the following data and information are collected:
Date and time of access
Device type and operating system
Amount of transferred data
Access status (file transferred, file not found, etc.),
Duration and frequency of use
Google Play IDs and Game Center IDs can possibly be stored to log you in to several devices.
If an error occurs during the use of our Games and Services and we want to rectify this, we may also collect other data, such as the player ID and username.
3. Legal basis for data processing
The legal basis for the temporary storage of data and log files is provided by Article 6, Paragraph (1), Point (f) of the GDPR.
4. Purpose of data processing
The temporary storage of the IP address by the system is necessary to allow delivery of the Services to the computer of the user. For this purpose, the user's IP address must be stored for the duration of the session.
The storage in log files is done to ensure the functionality of the Services. In addition, the data is used by us in order to optimise the website and to ensure the security of our information technology systems. Evaluation of the data for marketing purposes does not take place in this context. Only a statistical evaluation of datasets takes place.
These purposes also constitute our legitimate and predominant interest in data processing according to Article 6, Paragraph (1), Point (f) of the GDPR.
5. Storage duration
The data are deleted as soon as they are no longer necessary to fulfil the purpose of their collection. In the case when data are collected for the purpose of making the website available, this is the case when the respective session is over.
Log files which contain personal data are generally deleted after 7 days at the latest. Additional storage is possible in the case of so-called error logs which allow us to fix errors. These error logs are deleted after maximum 30 days, collected IP addresses are anonymised after 30 days.
6. Possibility of objection and removal
The collection of data for the purpose of making the website available and the storage of the data in log files is essential for the operation of the website. As a consequence, there is no objection possibility on the part of the user.
IV. REGISTRATION TO NEWSLETTERS
You can subscribe to our newsletter, for this, we require your email address.
In addition, we must verify, taking into consideration the relevant legal regulations, that you are the actual owner of the provided email address and wish to receive the newsletter. For this purpose, we send you a validation email.
Our newsletters might contain tracking pixels, which are retrieved by a server of the newsletter sender when the newsletter is opened. As part of this retrieval, technical information, such as information about your browser or operating system, as well as your IP address, location, and time of retrieval, is collected. This information is anonymised and evaluated independently of the individual.
Since the submission and receipt of the newsletter depend on your consent, you can revoke this consent for collection and storage of your data at any time without providing the reasons for it. For this purpose, use the unsubscribe link which can be found at the end of our newsletter.
Our Games and Services may use “cookies” and other technologies such as tracking pixel, local shared objects, hardware-based device identifiers, flash cookies, operating system-based identifiers, clear GIFs and web beacons.
Device identifier / information:
Means device type, device model, device manufacturer, device operating system and language, or other technical data like screen size, processor, or a combination of this data, available from a device for a developer to check the device’s compatibility with a particular application.
A “cookie” is a small file your browsers stores when told to do so by a website. Typically, websites place a number of different cookies on an end-user’s device. Some are “First-party cookies”, meaning they belong to the website itself, and others are “Third-party cookies”, meaning they belong to advertising and analytics entities or social networks. Cookies are personal information. However, FatBytes Gaming’s cookies do not include any other personal information and are typically used to quickly identify your device and to ‘remember’ your device during subsequent visits for purposes of functionality, preferences, and website performance.
If you do not want these cookies to be stored on your computer or wish to be informed of their storage, you can prevent the installation of cookies by a corresponding adjustment to your browser software by selecting the option "do not accept cookies" in your browser settings or declining the use of third-party tracking on the first visit to the website. Your browser manufacturer's instructions will give you more details on how this works or see https://www.aboutcookies.org.
HOWEVER, WE WOULD LIKE TO POINT OUT THAT BY PREVENTING COOKIES, YOU MAY FIND THAT YOU CANNOT USE ALL THE WEBSITE'S FUNCTIONS TO THE FULL EXTENT.
VI. TRANSFER OF PERSONAL DATA TO THIRD-PARTIES
FatBytes Gaming will only transfer your personal and/or billing-related data to third-parties, in the sense of companies cooperating with FatBytes Gaming or external service providers, insofar as this is required for the fulfilment of the contract, for payment processing as well as for the protection of other users and is legally permitted or prescribed.
This applies in particular to the processing of payments made via external service providers chosen by you (e.g. banks, credit card companies, payment service providers such as Amazon, Apple, Facebook, Google, HiPay, PayPal, Samsung, etc.). Your legally protected interests will be considered in accordance with the statutory provisions. The external service providers are required to treat your data confidentially and securely and may only use your data to the extent necessary to fulfil their task.
In the event of payment delay, we may commission a debt collection agency or a lawyer to collect the outstanding debt. For this purpose, the necessary data will be passed on and used in compliance with all data protection guidelines.
In addition, your personal information will be shared if it is necessary to protect other users or to counter threats to state or public security or to prosecute criminal offences and if is permitted by statutory data protection provisions. Your protectable interests will be considered in accordance with the statutory provisions. Please note that FatBytes Gaming may be obliged to disclose data due to statutory provisions, or a judicial order (e.g. disclosure to investigative authorities). Disclosure always occurs only insofar as it is necessary and legally permitted or prescribed.
VII. USE OF THIRD-PARTY SOCIAL LOGIN SERVICES
1. Login via Facebook Connect
This is a service of Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA or, if you reside in the EU, Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”).
If you use it, you are redirected to the Facebook website where you can log in with your user data. This links your Facebook profile and our Games and we automatically receive information from Facebook. The following information is transferred to us: Email address
This information is mandatory for the conclusion of the contract in order to identify you. Further information on Facebook and privacy settings can be found in the data protection guidelines at
2. Login via Google Sign-In
This is a service of Google Inc. (1600 Amphitheatre Parkway Mountain View, CA 94043, USA (“Google”).
If you use it, you are redirected to the Google website where you can log in with your user data. This links your Google profile and our Games and we automatically receive information from Google. The following information is transferred to us: Email address
This information is mandatory for the conclusion of the contract in order to identify you. Further information on Google and privacy settings can be found in the data protection guidelines at
Ad networks use Advertising IDs for this and other purposes including, for example, to:
FatBytes Gaming also advertises its Games and Services on other apps by asking ad networks to place ads for audiences that will be interested in them (determined using Advertising IDs).
Your IP address is typically used by advertisers to identify your general geographic location (e.g. your country, state and sometimes your city), when you view FatBytes Gaming ads on third-party services.
Means the “IDFA” on Apple, and “GAID” on Google Android. These are unique identifiers for mobile devices that advertisers use for interest-based advertising. They are consistent across all apps and thus allow cross-app tracking.
On Apple: you can opt-out by choosing the “limit ad tracking” option in the privacy settings.
On Google Android: you can opt-out by choosing the “Opt-out of interest-based ads”.
They are used by ad networks for a number of purposes including, for example, to:
To enable us to show in-game ads, we may send your advertising ID and IP address to advertisers (or ad networks) to enable them to find appropriate ads to serve to you in our Games and on third-party properties. You can control and limit our use of your advertising ID in your device settings. FatBytes Gaming does not control which specific ads are shown in our games (this is controlled by ad networks), but we do prohibit certain types of ads.
We use advertising to fund our Services and to make our Games available for free. We show third-party advertising in our Games and also advertise our Games and Services via third-parties. We want to provide you with more detail about how we use information for advertising, both in our properties and in third-party properties. When you view ads in FatBytes Gaming properties (e.g. in our Games).
Apple Search Adds
VIII. USE OF THIRD-PARTY ADVERTISING SERVICES
Limit the number of times you see the same ad.
Ensure they are dealing with humans with real devices and not automated “bots”.
To serve you with advertisements likely to be relevant to you based on your advertising ID, your engagement with other brands and ads which is recorded using your advertising ID, and to use your general geographic area.
Other brands buy ad placements via an ad network or ad exchange to advertise their products in our Games. The ad network or ad exchange acts as intermediary between the other game companies and FatBytes Gaming. In order for an ad network to charge the company purchasing the ad, clicks from the ad and potential installs of other developers’ apps are tracked. Views, clicks and installs from ads are measured using the Advertising ID.
Ad networks track which games you have used to market for you similar kind of games.
Measure ad effectiveness (looking at total views, clicks and installs generated by its advertising in other publishers’ games).
Inform players, that have not played for a while, about new content in our Games. FatBytes Gaming gives a list of these users in the form of Advertising IDs to an ad network. The ad network then shows these users ads about the new content.
Not display ads for a game a player is already playing. FatBytes Gaming may send a list of active players in the form of Advertising IDs to an ad network. The ad network then excludes these players from seeing the ad.
Market games to a group of potential players. FatBytes Gaming provides Facebook a list of Advertising IDs to match them with similar type of Facebook users to whom FatBytes Gaming could then market our Games. FatBytes Gaming does not have information on how Facebook identifies or creates profiles of similar type of users.
You can opt-out of interest-based advertising on mobile applications by changing the privacy settings of your device and selecting "Limit ad tracking" on Apple iOS or "Opt-out of interest-based ads" on Google Android.
IX. USE OF OTHER THIRD-PARTY SERVICES
Our Website use buttons from Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA or, if you reside in the EU, Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.
The use of Facebook buttons is in the interest of exchanging information about our Services and improving them. This constitutes a legitimate interest within the meaning of Article 6, Paragraph (1), Point (f) of the GDPR.
The Facebook data protection policy applies:
Our websites use buttons from Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA.
The use of Twitter buttons is in the interest of exchanging information about our Services and improving them. This constitutes a legitimate interest within the meaning of Article 6, Paragraph (1), Point (f) of the GDPR.
The Twitter data protection policy applies:
Our websites use videos from YouTube, LLC 901 Cherry Ave., 94066 San Bruno, CA, USA, a company of Google Inc., Amphitheatre Parkway, Mountain View, CA 94043, USA.
The use of YouTube videos serves the purpose of offering an easy-to-understand representation of our Services.
YouTube’s privacy policies apply:
Our Website use buttons from Instagram Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA or, if you reside in the EU, Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.
The use of Instagram buttons is in the interest of exchanging information about our Services and improving them. This constitutes a legitimate interest within the meaning of Article 6, Paragraph (1), Point (f) of the GDPR.
The Instagram data protection policy applies:
Our website was created and is hosted by Wix.com, 40 Namal Tel Aviv St., Tel Aviv, Israel, à Wix.com Inc., 500 Terry A. Francois Boulevard, 6th Floor, San Francisco, CA, 94158, or at Wix.com Luxembourg S.A.R.L, 5, rue Guillaume Kroll, L-1882 Luxembourg.
The Wix data protection policy applies:
X. RIGHTS OF THE DATA SUBJECT
1. Right to information
If your personal data are processed, you are a data subject as defined by the GDPR, and you have the following rights before the controller:
You can request the controller to provide you with a confirmation of whether personal data concerning you are being processed by us.
If such processing should exist, you can demand that the controller provide you with the following information:
The purposes toward which your personal data are being processed;
The categories of personal data which are being processed;
The recipients and/or the categories of recipients to whom the affected personal data has been or continues to be disclosed;
The planned storage duration of your personal data or, if specific information cannot be provided, criteria for determining the storage duration;
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;
The right to lodge a complaint with a supervisory authority;
Where the personal data are not collected from the data subject, any available information as to their source;
The existence of automated decision-making, including profiling, referred to in Article 22, Paragraphs (1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such pro-cessing for the data subject.
You shall be entitled to demand information as to whether the personal data concerning you are being transferred to a third-country or to an international organisation. In this regard, you can demand to be briefed on the applicable guarantees pursuant to Article 46 of the GDPR associated to said transfer.
We shall respond to inquiries within a month upon receipt of the request.
2. Right to rectification
You also have the right to rectification and/or completion before the controller, provided that the processed personal data concerning you are incorrect or incomplete. The controller shall have the obligation to implement the rectification immediately.
3. Right to restriction of processing
Under the following circumstances, you may claim the restriction of the processing of the personal data concerning you:
If 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;
If the processing is unlawful and you oppose the erasure of the personal data, requesting that their use be restricted instead;
If the controller no longer needs the personal data for the purposes of its processing, but you require it for the assertion, exercise, or defence of legal claims;
Or if you have filed an objection to the processing pursuant to Article 21, Paragraph (1) of the GDPR, and it has not been yet determined whether the controller’s stated grounds outweigh yours.
If processing has been restricted, such personal data shall, with the exception of storage, only be processed either with your consent; for the purposes of asserting, exercising, or defending legal claims; 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.
If the processing restriction was imposed under any of the above circumstances, you will be briefed by the controller before the restriction is lifted.
4. Right to erasure
Obligation to erase
You have the right to claim that the controller erases all personal data concerning you without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
The right to erasure shall not apply whenever the processing is required for the purposes of:
Information for third-parties
If the controller has made public the personal data concerning you and is obliged, pursuant to Article 17, Paragraph (1) of the GDPR, to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers who are processing the personal data that you, as data subject, have requested the erasure by said controllers of any links to, or copy or replication of, this personal data.
The personal data concerning you are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
You have revoked your consent on the basis of which the data collection was grounded, pursuant to Article 6, Paragraph (1), Point (a) or Article 9, Paragraph (2), Point (a) of the GDPR, and no other legal grounds exist for their processing.
You file an objection to the processing, pursuant to Article 21, Paragraph (1) of the GDPR, and there are no outweighing grounds for the processing, or you file an objection to the processing pursuant to Article 21, Paragraph (2) of the GDPR.
The personal data concerning you have been unlawfully processed;
The personal data concerning you have to be erased to comply with a legal obligation which requires processing under the laws of the European Union or the Member States, to which the processor is subject;
The personal data concerning you have been collected in relation to the offer of information society services referred to in Article 8, Paragraph (1) of the GDPR.
Exercising the right of freedom of expression and information;
Complying with a legal obligation which requires processing under the laws of the European Union or the Member States, to which the processor is subject, or performing a task in the public interest or in exercise of public authority vested in the processor;
Reasons of public interest in the area of public health in accordance with Article 9, Paragraph (2), Points (h) and (i) of the GDPR, as well as Article 9, Paragraph (3) of the GDPR;
Archival, scientific, or historiographical research purposes serving the public interest pursuant to Article 89, Paragraph (1) of the GDPR, provided that the deletion right described at Point (a) does not render impossible or impede the realisation of the objectives of the processing;
For the establishment, exercise or defence of legal claims.
5. Right to briefing
If you assert the right to rectification, erasure, or restriction of processing before the controller, the latter has the obligation to notify all recipients to whom the personal data concerning you were disclosed of this data rectification, erasure, or the restriction of its processing, unless this should prove impossible or associated with a disproportionate cost.
You have the right to receive the personal data concerning you which you have provided to the controller. Furthermore, you have the right to transfer this data to another controller without restriction from the controller to whom the personal data had been provided, provided that:
6. Right to data portability
In exercising this right, you have the further right to request that the personal data concerning you be directly transferred by one controller to another, provided that this is technically feasible. The liberties and rights of other persons may not be compromised by these actions.
The right of data portability shall not apply to processing personal data which is required for the performance of a task carried out in the public interest or in exercise of public authority vested in the controller
The processing is grounded on consent pursuant to Article 6, Paragraph (1), Point (a) of the GDPR, or Article 9, Paragraph (2), Point (a) of the GDPR, or on a contract pursuant to Article 6, Paragraph (1), Point (b) of the GDPR,
And the processing is carried out by automated means.
7. Right to object
You have the right to object to personal data processing concerning you on grounds relating to your particular situation, at any time, on the basis of Article 6, Paragraph (1), Points (e) or (f) of the GDPR, including profiling based on those provisions.
The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the assertion, exercise or defence of legal claims.
If personal data are processed for direct marketing purposes, you shall have the right to object at any time to processing of personal data concerning you for said marketing purposes, including profiling to the extent that it is related to such direct marketing. If you object to processing for direct marketing purposes, personal data concerning you shall no longer be processed for such purposes.
In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by using automated means which use technical specifications.
8. Right of withdrawal of consent under data protection law
9. Automated individual decision-making, including profiling
You have the right to withdraw your declaration of consent under data protection law at any time. Withdrawal of consent shall not affect the lawfulness of data processing based on consent effective prior to its withdrawal.
You shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly affects you in a significant manner. The above shall not apply if the decision:
Decisions referred to in Paragraph (2) shall not be based on special categories of personal data referred to in Article 9, Paragraph (1) of the GDPR, unless Article 9, Paragraph (2), Points (a) or (g) of the GDPR applies and suitable measures are in place to safeguard your rights and freedoms and legitimate interests.
In the cases referred to in Points (1) and (3), the data controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, entailing, at a minimum, the right to obtain human intervention on the part of the controller, to express his/her point of view and to contest the decision.
Is required for entering into, or performance of, a contract between yourself and a data controller,
Is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests;
Or is made with your express consent.
10. Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of his/her habitual residence, place of work or place of the alleged infringement if you consider that personal data processing relating to you infringes the GDPR.
The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Article 78 of the GDPR.
XI. FINAL PROVISIONS
FatBytes Gaming may alter these data protection provisions at any time, in response to changes legal, technical and/or business developments.
FatBytes Gaming shall notify any such changes through appropriate channels
Please also read our “General Terms and Conditions”.