SimplayGames OÜ (“us”, “we”, or “our”) is a developer and publisher of mobile games that are available for download via Google Play and Apple App Store (“Applications”).
Your access to and use of the Applications is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Applications.
We give you a non-exclusive, non-transferable, non-sublicensed, non-commercial and personal license to install and/or use the Applications.
You shall not, directly or indirectly:
reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Application or any software, documentation or data related to the Application (“Software”);
modify, translate, or create derivative works based on the Application or any Software.
access all or any part of the or the Application in order to build a product or service which competes with the Application;
license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Application available to any third parties.
use the Application in a manner that is illegal or causes damage or injury to any person or property;
access, store, distribute or use during the course of its use of the Application any malware or any material that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; facilitates illegal activity; depicts sexually explicit images; promotes unlawful violence; is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
attempt to obtain, or assist third parties in obtaining, access to the Application.
Once you have installed our Application, you can select the subscription that you would like in order to use it. Subscriptions are available on a [weekly, monthly, annual and lifetime basis] and further details of each type of subscription and its cost are detailed on the Application.
App Content may be made available via in-app purchasing.
All transactions between you and us are handled via the app store that you downloaded the Application from.
If you happen to delete the app and then restore the app, you may lose your purchases. We do not store information regarding in-app purchases on our servers. If you want to restore your purchases, please contact the relevant App Store support team.
As a rule, all purchases are non-refundable.
There may be some exceptions provided by your app store. Please review their terms and guides to find out more.
Sometimes you may see advertising content provided by third parties. We have limited control over the advertisements that are placed via our Application.
If you believe that the advertising violates your rights or any laws, you may be able to report it. Those are reports are handled by third-parties.
The Application is not intended for use by children.
If you are under the age of 16, you must not use our Application. You must make sure that our Application is not used by anyone under the age of 16. We will not be responsible for children who use your credit card, or other means of payment, to purchase any in-game purchases.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Application infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.
If you are a copyright owner or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to us, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below.
The Application and its original content, features, and functionality are and will remain the exclusive property of SimplayGames OÜ and its licensors. The Application is protected by copyright, trademark, and other laws around the world. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent
Links to other websites
Our Application may contain links to third-party web sites or services that are not owned or controlled by us.
We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any websites or services that you visit.
We may terminate or suspend access to the Application immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold us harmless and our licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access to the Application, b) a breach of these Terms.
Limitation of liability
When permitted by law SimplayGames OÜ, and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.
To the extent permitted by law, the total liability of SimplayGames OÜ, and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Application.
In all cases, SimplayGames OÜ, and its suppliers and distributors will not be liable for any loss or damage that is not reasonably foreseeable.
We recognize that in some countries, you might have legal rights as a consumer. If you are using the Application for a personal purpose, then nothing in these terms or any additional terms limits any consumer legal rights which may not be waived by contract.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Your use of the Application is at your sole risk. The Application is provided on an "AS IS" and "AS AVAILABLE" basis. The Application is provided without warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
SimplayGames OÜ subsidiaries, affiliates, and its licensors do not warrant that a) the Application will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Application is free of viruses or other harmful components; or d) the results of using the Application will meet your requirements.
These Terms shall be governed and construed in accordance with the laws of England and Wales.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Application, and supersede and replace any prior agreements we might have had between us regarding the Application.
Changes to the Terms
We may revise these Terms at any time to reflect changes in or to:
relevant laws or regulatory requirements.
security, technical or operational issues; and
the functionality or features of the Application.
By accepting revised Terms you agree to comply with them. If you do not agree to the revisions, you must stop using the Application.
Changes to the app
We may update the Application from time to time to improve performance and functionality, add new features and remove bugs and security issues.
If you decide not to install the updates you might not be able to use the App.
Email to: email@example.com
Letter to: Harju maakond, Tallinn, Lasnamäe linnaosa, Sepapaja tn 6, Estonia, 15551
Phone: +353 83 040 3531
Effective date: December 04, 2019
SimplayGames OÜ (“us”, “we”, or “our”) is a developer and publisher of mobile games that are available for download via Google Play and Apple App Store (hereinafter referred to as “Applications”).
The data controller for your personal data is an Estonian corporate with registration number 14809320 whose address is at Harju maakond, Tallinn, Lasnamäe linnaosa, Sepapaja tn 6, 15551.
Types of Data Collected
Personal data means any information that identify or make it easy to identify you as a person. Depending on the Application you use, we may collect various categories of your personal data.
- Advertising IDs. We may collect and process your unique identifiers that are used by advertisers for targeted advertising such as IDFA (Apple Identifier for Advertisers) for iOS devices and GAID (Google Advertising Identity) for Android devices. We may also process any data associated with your IDFA and GAID, such as your interests, device information, geo-location and demographic information.
- Device and usage data. We also collect information about your use of the Applications(s), including the device's hardware and software, access times, how long you use the Application(s) and so on.
- Game-related information. We also process the information that is related, including but not limited to, your progress, scores and achievements and the game buttons pressed while playing the game.
- Ad-related information. We collect certain information about how you engage with the ads we display to you.
- Purchase history. Certain Applications have an in-app store where you can purchase certain features or items to enable us to store your purchase history.
- Communication data. In case you contact us via one of our Applications, we may access and process your email address, your name and the content of your inquiry.
- Location data. We also collect your IP-address which helps us understand your broad geographical location (country- or city-level location).
USE OF DATA
We are a data controller for the data we hold about you in connection with your use of our Applications. This means that we determine why your personal data is processed and on what grounds. Below you will find our legal bases for processing your personal data and the purposes linked to an individual legal basis.
Performance of the contract.
allowing you to access our Applications;
maintain the game experience.
saving your progress and achievements;
analyzing and replying to your inquiries about our Applications.
In some cases we rely on our legitimate interests to process your personal data. Processing your data is necessary for our legitimate interests or the legitimate interests of a third party, provided those interests are not outweighed by your rights and interests. These legitimate interests are:
collecting and analyzing analytics related to the use of our Applications;
delivering, developing and improving our Applications;
enabling us to enhance, customise or modify our Applications;
enhancing data security.
You have the right to object to the processing of your personal data if it is processed on the basis of our legitimate interests. Contact us at firstname.lastname@example.org to learn more about our legitimate interests and the right to object with respect of your personal data.
We may use your personal data for a specific purpose if you have given us your clear consent to do so. We may ask you for consent within the Application for the purpose of:
collecting and processing your advertising ID and serving you with personalized advertisement in the Applications; and
send you push notifications or alerts to your device to provide game-related information, service updates, promotional communications and other related messages.
Tracking Cookies Data
Cookies are files with a small amount of data which may include an anonymous unique identifier and may be stored on your device by our Applications.
Examples of cookies we use:
Session cookies. We use session cookies to operate our Applications.
Preference cookies. We use preference cookies to remember your preferences and various settings.
Security cookies. We use security cookies for security purposes.
Advertising cookies. Advertising cookies are used to serve you with advertisements that may be relevant to you and your interests.
RETENTION OF DATA
Some data you can delete whenever you like, some data is deleted automatically, and some data we retain for longer periods of time when necessary. When you delete data, we follow a deletion policy to make sure that your data is safely and completely removed from our servers or retained only in anonymized form.
Information retained for extended time periods for limited purposes
Sometimes business and legal requirements oblige us to retain certain information, for specific purposes, for an extended period of time. For example, when we process a payment for you, or when you make a payment to us, we’ll retain this data for longer periods of time as required for tax or accounting purposes. Reasons we might retain some data for longer periods of time include:
Security, fraud & abuse prevention;
Complying with legal or regulatory requirements;
Ensuring the continuity of our services;
TRANSFER OF DATA
Your information, including Personal Data, may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
We will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with applicable data protection laws, including the GDPR and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.
We may employ third party companies to assist us with the operation of the Applications (“Service Providers”).
These third parties have access to your personal data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We use Service Providers to enable us to:
store users’ personal data;
ensure the security of our Applications;
analyze and understand our users’ behavior when they use our Applications;
serve our users with advertising that would be relevant to their interests.
Our list of Service Providers can change over time. If you want to learn about the most current list of our Service Providers, please contact us via our support email below.
DISCLOSURE OF DATA
We may disclose personal information that we collect, or you provide:
Disclosure for Law Enforcement
Under certain circumstances, we may be required to disclose your personal data if required to do so by law or in response to valid requests by public authorities.
If we or our subsidiaries are involved in a merger, acquisition or asset sale, your personal data may be transferred.
Other cases. We may disclose your information also:
to our subsidiaries and affiliates;
to contractors, service providers, and other third parties we use to support our business;
to fulfill the purpose for which you provide it;
with your consent in any other cases;
if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of our organization.
SECURITY OF DATA
The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
YOUR DATA PROTECTION RIGHTS UNDER GENERAL DATA PROTECTION REGULATION (GDPR)
If you are a resident of the European Union (EU) and European Economic Area (EEA), you have certain data protection rights, covered by GDPR. – See more at https://eur-lex.europa.eu/eli/reg/2016/679/oj
We aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your personal data.
If you wish to be informed what personal data we hold about you and if you want it to be removed from our systems, please email us at email@example.com or use the relevant settings within our Application.
In certain circumstances, you have the following data protection rights:
the right to access, update or to delete the information we have on you;
the right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete;
the right to object. You have the right to object to our processing of your personal data;
the right of restriction. You have the right to request that we restrict the processing of your personal information;
the right to data portability. You have the right to be provided with a copy of your personal data in a structured, machine-readable and commonly used format;
the right to withdraw consent. You also have the right to withdraw your consent at any time where we rely on your consent to process your personal information;
Please note that we may ask you to verify your identity before responding to such requests. Please note, we may not able to provide the Application without some necessary data.
You have the right to complain to a Data Protection Authority about our collection and use of your personal data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
YOUR RIGHTS UNDER CALIFORNIA CONSUMER PRIVACY ACT
If you are a resident of the state of California, you may have certain rights with respect to your personal data.
The right to access. You may request that we disclose the categories of personal information collected, the categories of sources from which personal information is collected, the business or commercial purpose, the categories of third parties with which the business shares personal information and specific pieces of information that have been shared or sold.
The right to opt-out. You are entitled to tell us not to sell personal information about you to third parties. You may opt-out from personalized advertising in the settings of our Applications.
The right to deletion. You have the right to request deletion of your personal data from your Applications.
Our Applications does not address anyone under the age of 16 (“Children”).
We do not knowingly collect personally identifiable information from anyone under the age of 16. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.