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Privacy Policy

Last Updated: January 30. 2020

This Privacy Policy applies to your use of the game software entitled Roundguard (the “Game”) developed by Wonderbelly Games LLC, a Washington limited liability company (the “Studio”). This Privacy Policy applies to the Studio’s use of any and all Data (as defined in Section 1.1 below) collected by the Studio or provided by you in relation to your use of the Game. This Privacy Policy may be updated from time to time (see Section 20 below).


1. DEFINITIONS

1.1. Apple. The term “Apple,” as used in this Privacy Policy, means Apple Inc., a California corporation, together with its corporate parents, subsidiaries, and other affiliated companies.

1.1. Data. The term “Data,” as used in this Privacy Policy, means all information that a User submits to the Studio. This definition includes, where applicable, the definitions of personal data, personally identifiable information, or similar definitions found in any applicable Data Protection Law.

1.2. Data Protection Law. The term “Data Protection Law,” as used in this Privacy Policy, means any applicable law relating to the collection, storage, processing, or distribution of personal data, including but not limited to state laws, federal laws of the United States, and the European Union General Data Protection Regulation (or GDPR) if a court of competent jurisdiction finds that the laws of that jurisdiction apply to any Data subject to this Privacy Policy.

1.3. Privacy Policy. The term “Privacy Policy,” as used in this document, refers to this document, itself, and the terms, conditions, limitations, restrictions, requirements, rights, and obligations set forth in this document.

1.4. User. The term “User,” as used in this Privacy Policy, refers to any person who accesses the Game, either on that person’s own behalf or on behalf of another person or entity, and is not an agent or employee of the Studio.

2. SCOPE

This Privacy Policy applies only to the actions of the Studio and Users with respect to the Game as accessed through Apple’s Apple Arcade® service. It does not extend to any other web sites that can be accessed from the Apple Arcade service including, but not limited to, any links that the Studio may provide to social media web sites, regulatory web sites, web sites that offer the Game for sale or otherwise make the Game available to play, or the web sites of other service providers. For purposes of any applicable Data Protection Law that use the term “data controller,” the Studio is the data controller with respect to Data submitted by Users to the Studio. This means that the Studio determines the purposes for which, and the manner in which, such Data is processed.

3. DATA COLLECTED

3.1. Gameplay. The Game collects information about gameplay (for example, non-personally identifying information about gaming activity) and stores it as part of one or more of Apple’s services, such as iCloud for cloud saves and Game Center for achievements. The Studio does not store any such information about gameplay on its servers. 

3.2. Customer Service. When you contact the Studio, the Studio may collect the following Data, which may include personally identifying data, from Users or third parties:

3.2.1. Name. 

3.2.2. E-mail address.

3.2.3. Address or other geolocation information.

3.2.4. Apple PlayerID (or similar information).

3.2.5. Other relevant Data to the extent that the Studio believes that such Data is relevant and/or useful in order for the Studio to provide its goods and services to the marketplace.

4. DATA COLLECTION

The Studio may collect Data in the following ways:

4.1. By Users. Data may be provided to the Studio by Users themselves; for example:

4.1.1. When a User accesses the Game software through the Apple Arcade service.

4.1.2 When a User contacts the Studio through the Studio’s web site, by telephone, by postal mail, by e-mail, or through any other means.

4.1.3. When a User elects to receive marketing communications from the Studio.

4.1.4. When a User uses any other service provided by the Studio.

4.2. Third Parties. Data may be received from other sources, including third parties and publicly available sources, such as Apple and marketing information service providers.

4.3. Automatically. Data may be collected automatically from Users when accessing the Game via the Apple Arcade service.

5. USE OF DATA

Any or all of the aforementioned Data may be required by the Studio from time to time in order to provide Users with the best possible service and experience when playing the Game. Data may be used in the following ways:

5.1 Gameplay. Data related to gameplay is collected by the Studio and stored as part of one or more of Apple’s services. Such Data is used for purposes such as cloud saves (iCloud) and achievements (Game Center).

5.2. Customer Support. Data related to customer support may be used for purposes such as:

5.2.1. Internal record keeping.

5.2.2. Improving the Studio’s products and services.

5.2.3. Transmission by e-mail or other means of marketing materials that may be of interest to Users, when they have elected to receive such materials.

6. SHARING DATA

The Studio may share Data with the following persons for the following reasons:

6.1. Agents. The Studio may share Data with the Studio’s employees, professional advisors, and other agents, in order to provide maximum benefit from the Studio’s services to Users at minimum cost.

6.2. Platforms. The Studio may share Data with Apple and other third-party game platforms that host the Game in order to facilitate bug fixes, patches, gameplay updates, and the like.

6.3 Law Enforcement. The Studio may share Data with regulatory and law enforcement authorities in order to facilitate the detection of unlawful activity or regulatory non-compliance.

The Studio may use Data for the above reasons if the Studio deems it necessary to do so for a legitimate purpose. If a User is not satisfied with this, then the User has the right to object in certain circumstances (see Section 10 below).

7. MARKETING

For the delivery of direct marketing to Users via e-mail or other reasonable means, the Studio will obtain User consent, either via direct consent (“opt-in”) or implied consent (“soft opt-in”). A soft opt-in is a specific type of consent that applies when Users have previously interacted with the Studio (for example, if a User contacts the Studio to ask for details about a particular product and the Studio is marketing similar products and services). Under “soft opt-in” consent, the Studio will take a User’s consent as given unless the User specifically refuses such consent or such consent is otherwise withdrawn by such User. For other types of marketing, the Studio will obtain explicit consent by, for example, providing a check box that signifies that the User consents to marketing contact. Users have the right to withdraw consent for marketing contacts at any time.

8. DATA RETENTION

Unless a longer retention period is required or permitted by law, the Studio will only retain Data as long as reasonably necessary in order to provide the Studio’s products and services to a given User subject to this Privacy Policy (but, in any event, no longer than 180 days after the User last accesses the Game) or until a given User requests that Data provided by such User be deleted. Users are advised, and agree to accept, that even if the Studio deletes any given piece of Data, that piece of Data may persist on backup or archival media for legal, tax, or other regulatory purposes.

9. DATA SECURITY

If a User suspects any misuse or loss or unauthorized access to Data provided by such User to the Studio, the User should immediately contact the Studio at contact@wonderbellygames.com.

10. USER RIGHTS

A User has the following rights in relation to Data provided by such User to the Studio:

10.1. Right to Access. A User has the right to request copies of Data stored about that User at any time, or to request that the Studio modify, update, or delete such Data. The Studio will not charge a User for access to the Data the Studio has stored about that User, unless the request is unreasonable or duplicative. The Studio may, in its discretion, refuse such a request where the law allows. If the Studio refuses such a request, the User may request an explanation for the refusal.

10.2. Right to Correct. A User has the right to have such Data corrected if it is inaccurate or incomplete.

10.3. Right to Erase. A User has the right to request that the Studio delete or remove such Data from the Studio’s servers.

10.4. Right to Restrict Use of User Data. A User has the right to “block” the Studio from using such Data or to limit the ways in which the Studio can use such Data.

10.5. Right to Data Portability. A User has the right to request that the Studio move, copy, or transfer such Data.

10.6. Right to Object. A User has the right to object to the Studio’s use of such Data, including where the Studio uses it for otherwise legitimate reasons.

11. DECLINING OR WITHDRAWING

Users may decline to provide Data, or, after agreeing, may subsequently withdraw permission for the Studio to collect Data. However, by declining or withdrawing, certain options and game modes may become unavailable, including online play.

12. CONTACT

To ask questions regarding Data, exercise any of the User Rights set forth in Sections 10 above, or withdraw a User’s consent to the processing of Data (where consent is the Studio’s legal basis for processing that Data), contact Bob Roberts via e-mail at contact@wonderbellygames.com .

13. MINORS

The Game collects, processes, and discloses non-personally identifying Data related to gameplay by Users who are under the age of majority in the jurisdiction in which such Users reside (usually referred to as minors) in the same way as the Game collects, processes, and discloses non-personally identifying Data concerning other Users, as described in this Privacy Policy. The Game’s use of minor’s Data is limited to supporting internal operations of the Game. The Studio does not knowingly collect other Data from anyone under the age of 13 years. If the Studio learns that it has collected Data from someone under the age of 13 years without parental consent (for example, through a customer support request), then the Studio will take steps to delete that Data. Parents can learn more about how the Studio handles data by contacting contact@wonderbellygames.com .

14. ACCURACY

It is important that Data held by the Studio about Users is accurate and current. The Studio requests that Users inform the Studio if that Data changes while being stored by the Studio.

15. TRANSFERS OUTSIDE THE EUROPEAN ECONOMIC AREA

Users located in or subject to the jurisdiction of the European Economic Area (or EEA) are advised that Data that the Studio collects may be stored and processed in and transferred to countries outside of the EEA. Please note that the Studio’s principal place of business is located in the United States of America. Therefore, for the avoidance of doubt, Users should assume that User Data will be stored in, processed in, and transferred to countries outside of the EEA. Users who do not accept this should not access the Game.

16. CHANGES OF OWNERSHIP AND CONTROL

The Studio may expand or reduce its business, and this may involve the sale or other transfer of control of all or part of the Studio. Data provided to the Studio by Users will, where it is relevant to part of the Studio’s business being transferred, be transferred along with that part, and the recipient shall be permitted to use the Data for the purposes for which it was originally supplied to the Studio by such Users. The Studio may also disclose Data to a prospective purchaser of its business or any part thereof, so long as it uses reasonable diligence regarding prospective purchasers and obtains from prospective purchasers a signed confidentiality agreement that permits such prospective purchasers to use such Data only to evaluate the proposed purchase.

17. CHOICE OF LAW

This Privacy Policy is governed by, and shall be construed according to, the state laws of the State of Washington, U.S.A. (and, where applicable, the federal laws of the United States of America), without regard to conflicts of laws principles. All actions hereunder may be brought only in a state or federal court located in King County, Washington, U.S.A., and each User hereby consents to jurisdiction and venue in such courts.

18. TRANSFER OF RIGHTS

Users may not transfer any of the rights granted to them by this Privacy Policy to any other person or entity, although those rights shall attach where reasonable to legal entities and their agents when those agents use the Game in the course of their duties. The Studio may transfer its rights granted to it by this Privacy Policy where the Studio reasonably believe User rights will not be materially affected.

19. SEVERABILITY

If a court of competent jurisdiction ultimately determines that any clause or other provision of this Privacy Policy is unenforceable, then that clause or provision shall be rewritten, interpreted, or otherwise modified to include as much of its nature and scope as will render it enforceable. If that provision cannot be so modified as to be enforceable in any respect, then it shall be severed from this Privacy Policy, and the remainder of the Privacy Policy shall be enforced as if the offending provision were not included.

20. CHANGES AND REVISIONS

The Studio reserves the right to revise this Privacy Policy as the Studio, in its sole discretion, deems necessary or advisable from time to time. All revisions will apply to a User as soon as the User accesses the Game after such revisions are posted. Users may contact the Studio by email at contact@wonderbellygames.com to ensure that they have the latest version of this Privacy Policy.

21. CUSTOMER SUPPORT

Customer support inquiries should be directed to contact@wonderbellygames.com. Information about support and services is available at www.wonderbellygames.com. Technical and game support will be freely provided within three business days after the Studio receives a customer support ticket. The support email will continue to be available until at least January 1, 2023.

For inquiries regarding the Apple Arcade service or device compatibility, use a web browser to navigate to https://support.apple.com/ for frequently asked questions, guidance, support, and contact information provided by Apple.


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