PRIVACY POLICY
The following privacy policy (the “Privacy Policy”) constitutes an agreement between:
The user, or if the user is under the age of majority in the User's local jurisdiction, the User's parent
or legal guardian (the “User”) of the various websites, games, applications and products, including
in-app purchases, provided and/or made available by K & K Games GmbH
(“K & K Games GmbH” or “we” or “us”) including, but not limited to the Services and
the Site as specified below, together with any information, customer service or other related
services provided in connection therewith;
and
K & K Games GmbH and its affiliates and subsidiaries.
K & K Games GmbH is committed, according to the law on the protection of personal data under the
laws of Germany and the European Union (“Germany” and “EU” respectively”), the
international treaties and agreements signed by Germany, to take all necessary measures for the
protection of the subscribers’ personal data and the respect of their private life. This document
aims to inform the User about their rights and about the data protection policy of K & K Games GmbH
in connection with, but not limited to, the Services, Site and Software as specified below.
Please note that the scope of this Privacy Policy is limited only to information collected by the
K & K Games GmbH through the User’s use of the Services. By using the Services, the User agrees and
gives their consent to the collection and of their personal information as outlined in this Privacy
Policy.
K & K Games GmbH is dedicated to protecting the privacy rights of its users. This Privacy Policy
describes how K & K Games GmbH collects, protects, uses and discloses information and other data
that K & K Games GmbH will collect from the User through the User's use of the Services.
For the purposes of this Privacy Policy:
Non-Personal Data which is information that does not identify the User and cannot be used
to contact the User personally, including information about the User such as the User's date of
birth, age, gender and non-precise geolocation information (e.g., the User's city), as well as
information about the User's computer, mobile device, and game system platform such as the
User's unique device ID, Internet Protocol (IP) address, or other persistent identifiers, and their
hardware/software/firmware. Non-Personal Data also includes
Usage Data which is
anonymous data tied to the User's computer, mobile device, and/or game system platform, such as
the actions the User take within and outside of the Services, the browser the User use, the identity
of other apps included on the User's device, the date and time of the User's use of the Services, the
User's game progress, play time, score and achievements, and the URLs the User visited and/or
apps the User used before and after using our Services;
Personal Data” which is information about an identifiable individual as such term is
defined in the General Data Protection Regulation (GDPR) (EU) 2016/679 of the
European Parliament and of the Council, on the protection of individuals with regard to
the processing of personal data and on the free movement of such data, as this term may
be amended by law. Personal Data may include, but is not limited to, a person’s name,
email address, residential address, precise geolocation information (i.e., the User's specific
location), telephone number, payment card information, transaction history, other billing
information and, in some cases, usernames;
Services” including, but not limited to the Site, the Software, mobile services and their
applications, downloadable and/or installable services for personal computers or gaming consoles
including clients and web-based services accessed by means of a browser or other online
communication method, and also includes all updates, upgrades, patches or other improvements
as well as any and all accompanying manuals, packaging and other written documents, files, digital
or other online materials or documentation and any and all copies of all such software and
materials, and any part thereof; and
Site” refers to the site https://kkgames.de/.
ACCEPTANCE OF TERMS AND REVISIONS
By accessing, using or installing any of the Services and/or submitting information to K & K
Games GmbH the User agrees to accept this Privacy Policy. If the User does not accept this Privacy Policy
the User must not access or use any of the Services.
K & K Games GmbH may, at any time, revise this Privacy Policy. K & K Games GmbH undertakes to take
reasonable steps to inform the User of such changes.
The User should periodically revisit this posting to review any revisions to this Privacy Policy. If the
User continues to access or use any of the Services after any revisions to this Privacy Policy are
posted, the User will be deemed to have accepted those revisions.
INFORMATION COLLECTED AND APPLICATION
Through the User's use of the Services, K & K Games GmbH may collect Personal Data and Non-
Personal Data.
This Privacy Policy only applies to the information that K & K Games GmbH collects and uses, or is
supplied, through the use, access or installation of its Services and/or any part thereof. Any
information disclosed to any third party service providers, vendors and/or platforms (“Service
Providers”) is dealt with in accordance with the privacy policies adopted by each of those Service
Providers. The User is encouraged to review the privacy policies maintained by each of those
Service Providers to understand how their information will be used by those entities to process
requests.
K & K Games GmbH may partner with third party Service Providers to provide access to existing
payment gateways. The User's credit card, banking and other billing information is kept with
payment processors and other service providers where the User can read more about their privacy
policies.
The Services may contain links to third party websites (the “Third Party Sites”) that are not
controlled or operated by K & K Games GmbH. The Linked Sites are maintained by the third parties
who have their own privacy policies and their own terms and conditions of use. This Privacy Policy
does not apply to any of the Third Party Sites and K & K Games GmbH is not responsible for any
information disclosed by virtue of those Linked Sites or for the privacy practices of any operators or
sponsors of the Third Party Sites. A link to a website from K & K Games GmbH is not an endorsement,
authorization or representation of our affiliation with that third party.
Because K & K Games GmbH cannot control the activities of third parties, K & K Games GmbH cannot
accept responsibility for any use of the User's information by such third parties, and K & K
Games GmbH cannot guarantee that they will adhere to the same privacy and security practices as
K & K Games GmbH. To determine how the User's information will be treated when accessing or using
the Third Party Sites, the User must read the privacy policy, if any, that applies to each of the Third
Party Sites.
PRODUCTS OFFERED IN PARTNERSHIP WITH THIRD PARTIES
Users may register for other services from the Site and other sites owned and/or administered by
K & K Games GmbH. Certain products and/or services available on our site may be provided to the User in
partnership with third parties and may require the User to disclose Personal Data in order to
register for and access such products and/or services. Such products and/or services shall identify
the third party partners at the point of registration. If the User elects to register for such products
and/or services the User's Personal Data will be transferred to such third parties and will be subject
to the privacy policy and practices of such third parties. K & K Games GmbH are not responsible for the
privacy practices and policies of such third parties and, therefore, the User should review the
privacy practices and policies of such third parties prior to providing the User's Personal Data in
connection with such products and/or services.
COLLECTION OF INFORMATION
K & K Games GmbH may collect information (including Personal Data) as permitted by law and as
follows:
1.
K & K Games GmbH may collect information such as the User's name, email address,
if the User chooses to create and/or requires an
account for use and/or access to the Services, register for a contest, sign up for our
newsletter, request support, or in any other way take steps that require the submission of
information;
2.
If the User chooses to connect to one of the Services through a third-party social network
such as, but not limited to, Google Play, K & K Games GmbH may collect information from the
User's profile on such third-party social networks, such as the User's name, username,
user-id.
3.
If the User chooses to make use of any public forum, comment section, or chat function,
K & K Games GmbH may collect any information the User may disclose through such means.
4.
If the User chooses to send a message to another user or defined group of users through
message, chat, post or other function as part of the Services, K & K Games GmbH may collect
any information the User may disclose through such means, as well as the necessary
Personal Data of the user(s) the User are contacting, in order to facilitate the
communication.
5.
If the User chooses to enable push notifications, K & K Games GmbH may use the User's
information such as a device ID, in order to send push notifications to the User's device.
6.
If the User chooses to submit the User's information to us for any other reason in any
other form, K & K Games GmbH will collect such information and use it for the purposes for
which the User submitted it.
7.
K & K Games GmbH will not collect any Personal Data from the User simply by virtue of the
User's visiting any of our websites; K & K Games GmbH will only collect it if the User chooses
to submit it to K & K Games GmbH. K & K Games GmbH do, however, collect Non-Personal Data
such as device IDs, IP addresses and other persistent identifiers, as well as usage data,
whenever the User uses the Services. Such Non-Personal Data is not combined with
Personal Data unless the User chooses to submit Personal Data to us.
From time to time, K & K Games GmbH may employ third party contractors to collect personal
information on our behalf to provide services such as, but not limited to, email delivery, contest
administration, credit card processing, or other services on the Services. When requesting such
services, the User may be asked to supply the User's name, mailing address, telephone number,
email address and other information to our contractors. K & K Games GmbH may ask some third party
contractors, such as data analytics firms, to supplement Personal Data that the User provides to
K & K Games GmbH for our own marketing and demographic studies, so that K & K Games GmbH can
consistently improve our sites and related advertising to better meet our visitors' needs and
preferences. To enrich our understanding of individual customers, K & K Games GmbH may tie this
information to the Personal Data the User provides to K & K Games GmbH.
K & K Games GmbH does not collect Personal Data through the use of our Services unless the User
chooses to provide it. If the User does not wish to have K & K Games GmbH collect the User's Personal
Data through the use of our Services in accordance with this Privacy Policy, the User can choose
not to provide it.
COOKIES
In connection with the foregoing collection of information, K & K Games GmbH may also use “cookies”
or similar technologies (small amounts of data that are stored on the User's computer's hard drive,
mobile device or game system platform when the User uses or accesses the Services that identify
the User's computer, mobile device or game system platform and may store information about the
User such as behavioural data).
Should the User choose to submit Personal Data to K & K Games GmbH, K & K Games GmbH may link
cookie information to such Personal Data. If the User does not wish to accept cookies, the User has
the option of blocking or disabling cookies. However, please be aware that some of the Services will
not function properly if the User does so and the User may lose access to Services the User
purchased.
In addition, certain third-party advertisers may also make use of cookies in any ads that may be
served within or by use of our Services. Such cookies may collect anonymous behavioural data
which those advertisers may use to serve the User targeted ads both within and outside of the
Services.
PUBLIC INFORMATION INCLUDING USER GENERATED CONTENT
The User may choose to disclose information about itself in the course of contributing user
generated content to K & K Games GmbH or through the User's use of our Services including in online
chat rooms, blogs, message boards, user "profiles" for public view or in similar forums on our sites
and/or on third party sites (“User Content”). User Content disclosed in any of these forums is
unencrypted, public information, may be accessed or recorded by K & K Games GmbH, and there is no
expectation of privacy or confidentiality therein.
The User should be aware that any Personal Data the User submits as User Content or in the course
of public activities as above can be read, collected, or used by other users of these forums, and
could be used to send the User unsolicited messages. K & K Games GmbH are not responsible for the
Personal Data the User chooses to make public in any of these forums.
Note also that in the ordinary course of Internet activity, certain information may be sent from the
User's browser to third parties such as advertising networks and analytics companies. K & K
Games GmbH has no control over the information sent from the User's browser to those networks or
other third parties and recommends that the User ensure that the User's browser settings prevent
the disclosure of information the User would not like to share.
If the User posts a User Content such as a video, image or photo on the Site or one of the sites of
K & K Games GmbH for public view the User should be aware that these may be viewed, collected,
copied and/or used by other users without the User's consent. K & K Games GmbH are not responsible
for User Content, including videos, images or photos that the User choose to submit to the Site or
sites of K & K Games GmbH.
USE OF INFORMATION
K & K Games GmbH may use the User's information (including Personal Data) for administrative,
analytical, research, optimisation, security and other purposes, including, without limitation, for
the following purposes and where applicable:
1.
to provide the User with any goods, services, or functionality the User have requested,
including the Services;
2.
to improve our Services, and any future Services K & K Games GmbH may produce;
3.
to send the User information related to our Services, including confirmations, technical
notices, updates, security alerts, and support and administrative messages;
4.
to process transactions for the Services;
5.
to manage the User's account with K & K Games GmbH;
6.
to track the User's use of our Services to help us learn more about the User's activities and
understand the User's preferences and tendencies so that K & K Games GmbH can
personalise the User's experience, provide the User with offers and notifications that are
tailored to the User, and otherwise enhance the User's experience; to personalise the
User's content and offers;
7.
to respond to customer service inquiries;
8.
to troubleshoot problems with the Services and to improve Services;
9.
to enforce our Terms of Use;
10.
to protect against cheating, crime or fraud, or for other security reasons;
11.
to conduct marketing, including promotional activities such as sending newsletters;
12.
to provide the User advertising that better suits the User's interests and profile and is
age/gender-appropriate and targeted to the User's general location;
13.
to compile statistics;
14.
to send the User push notifications (if the User choose to allow that function); and
15.
to take any other action permitted by law.
By providing Personal Data through the use or access of any of our Services, the User acknowledges
and agrees that K & K Games GmbH may use the Personal Data for the purposes set out herein and by
using, accessing or installing any of our Services and/or submitting information to us the User also
agrees that K & K Games GmbH may use the Non-Personal Data for the purposes set out herein.
UPDATES AND PUSH NOTIFICATIONS
K & K Games GmbH may occasionally send the User updates, patches and related push notifications
that may be of importance to the User. If the User does not wish to receive these types of updates,
and there is no available method from within the Services or relevant part thereof to discontinue
such updates, patches and related push notifications, the User should discontinue use of our
Services or disconnect the User's computer or device from the Internet.
If the User wishes to opt out of push notifications, they should select the applicable settings tab for
the applicable part of the Services and follow the necessary prompts to opt out of further push
notifications.
DISCLOSURE OF INFORMATION
K & K Games GmbH will not transfer the User's Personal Data to third parties, except for our business
partners who have agreed to comply with legally required privacy standards and who will use the
information only for the purposes disclosed at the time of collection or for a use consistent with
that purpose.
Notwithstanding the foregoing, K & K Games GmbH reserves the right to disclose information,
including Personal Data, if K & K Games GmbH reasonably believes that K & K Games GmbH are required
to do so by law or legal process or if K & K Games GmbH are otherwise requested by any law
enforcement officer or agency acting in such a capacity as to allow the disclosure of such
information by law.
In addition, K & K Games GmbH reserve the right to disclose Personal Data and Non-Personal Data in
order to:
1.
enforce the Terms of Use;
2.
investigate and/or take action against illegal activity, suspected abuse or unauthorised use
of the Services;
3.
protect and defend the rights or property of K & K Games GmbH; and
4.
act in urgent circumstances to protect the safety or security of the public or users of the
Services.
K & K Games GmbH may also disclose the User's information (including Personal Data) in connection
with a corporate re-organization, a merger or amalgamation with another entity, or a sale of all or a
substantial portion of our assets provided that the information disclosed continues to be used for
the purposes permitted by this Privacy Policy by the entity acquiring the information.
K & K Games GmbH may also share aggregate or anonymous information, including Personal Data,
about the User with hardware manufacturers, platform hosts, publishers, business partners, and
other third parties, to the extent permitted by applicable law.
K & K Games GmbH may also share the User's usage data and other Non-Personal Data
with third parties including, without limitation, device IDs, advertising IDs or other persistent
identifiers and non-precise geolocation information or precise geolocation information (if the User
choose to allow us to collect it), with third parties who assist us with our operations such as
administration, analytics, research, optimisation, and advertising and with our advertising partners
in order to, among other things, allow them to serve more relevant and geographically-appropriate
advertisements tailored to the User.
In the event our Services offer social sharing features such as those offered by Facebook or other
third-party social networking sites, if the User decides to use such features, it may allow the sharing
and collection of information (including Personal Data) both to and from such third-party social
networks. The User should visit the policies of such third parties for more information about their
information collection practices.
PROTECTION OF INFORMATION
K & K Games GmbH has implemented reasonable physical and technical measures to protect the
information K & K Games GmbH collect or are provided with from unauthorized access or against loss,
misuse or alteration by third parties.
Further, while K & K Games GmbH attempt to ensure the integrity and security of our network and
systems, K & K Games GmbH cannot guarantee that our security measures will prevent third-parties
from illegally obtaining access to this information.
K & K Games GmbH do not warrant or represent that the User's information will be protected against,
loss, misuse, or alteration by third parties. No method of transmission over the Internet, or method
of electronic storage, is 100% secure. Therefore, K & K Games GmbH cannot guarantee its absolute
security. For further information on how K & K Games GmbH protects information K & K Games GmbH
collect or are provided with, contact us using the information listed below.
RETENTION OF INFORMATION
The data and information that K & K Games GmbH collect will be stored and maintained by K & K
Games GmbH or our third party service providers until the User instruct us otherwise, or, in our sole
discretion, for the longer of (i) the amount of time necessary or appropriate to carry out the
purpose(s) for which such information was collected and (ii) for so long as K & K Games GmbH are
required to maintain such information by law or other applicable rules or regulations and the
User's consent to such purposes remains valid after termination of our relationship with the User.
Currently, K & K Games GmbH or our third party service providers retain and store information
collected by, or provided to, us on secure servers in datacenters in United States of America and
Ireland. As K & K Games GmbH and some of our third party service providers may store information
received from users (including Personal Data) outside of these locations, and under the laws of
those other jurisdictions, in certain circumstances courts, law enforcement agencies, regulatory
agencies or security authorities in those other provinces or foreign jurisdictions may be entitled to
access information.
The User is responsible for maintaining the confidentiality of the User's account and/or passwords
as these may be applicable or required to access the Services and for restricting access to the User's
computer, device or game system platform, and the User agrees to accept responsibility for all
activities that occur under the User's account.
ACCESS AND ACCURACY
K & K Games GmbH will use commercially reasonable efforts to provide the User access to the User's
Personal Data (to the extent K & K Games GmbH are in possession of any) if the User requests such
access in writing submitted to K & K Games GmbH. Unless otherwise required under applicable law, K & K
Games GmbH reserves the right to deny access to the User's Personal Data:
1.
when such denial of access is required by law;
2.
when granting the User access is reasonably likely to negatively impact other people's
privacy;
3.
when such access is cost prohibitive; or
4.
when such requests are frivolous or made in bad faith.
The User is responsible for ensuring that all information created through the User's use of any of
our Services is accurate, reliable and complete and the use of information created from our Services
is at the User's own risk. K & K Games GmbH ask that the User keeps the Personal Data that the User
provides to K & K Games GmbH current and correct.
The User represents and warrants that all Personal Data the User provides is true and correct and
relates to the User and not to any other person. If the User believes that the Personal Data
maintained by K & K Games GmbH about the User is inaccurate or incomplete, the User may notify
K & K Games GmbH in writing describing in details any inaccuracies or omissions, submitted to the
email address below. Following receipt of such a properly submitted written notice, K & K
Games GmbH will, within a reasonable time period, use commercially reasonable efforts to, in K & K
Games GmbH's sole discretion, to either: (i) amend or correct the User's Personal Data to reflect corrected
or additional information provided by the User, or (ii) in connection with the User's Personal Data,
make note of any claimed inaccuracies or omissions reflected in the notice submitted by the User.
OUR POLICY REGARDING CHILDREN
K & K Games GmbH recognizes the privacy interest of children and K & K Games GmbH encourage parents
and guardians to take an active role in their children’s use of our Services. Our Services are not
intended for children under the age of 13 (“Minors”) and K & K Games GmbH do not target our
Services to Minors. K & K Games GmbH does not knowingly collect or use any Personal Data from
Minors. If a parent or guardian becomes aware that his or her child has provided us with
information without their consent, he or she should contact us at the email address below. K & K
Games GmbH will delete such information from our files within a reasonable time.
If the User is between the age of 13 and 18, the User must obtain their parent or guardian's
permission prior to using any of the Services or providing K & K Games GmbH with any Personal Data.
GOVERNING LAW
This Privacy Policy is governed and interpreted pursuant to the laws of Germany
(Germany) and the European Union, without regard to principles of conflicts of law that would
impose the law of another jurisdiction, and the User agrees to submit to the exclusive jurisdiction
of the courts of Germany.
Those who choose to use or access any of the Services from outside Germany do so on their own
initiative and are responsible for compliance with local laws, if and to the extent local laws are
applicable. Notwithstanding the foregoing, and recognizing the global nature of the Internet, each
viewer and user shall comply with all local rules regarding online conduct and submission of
acceptable materials.
INTERNATIONAL TRANSFER
K & K Games GmbH may transfer information that K & K Games GmbH collects about the User to affiliated
entities, or to other third parties across borders and from the User's country or jurisdiction to other
countries or jurisdictions around the world. These countries and jurisdictions may not have the
same data protection laws as the User's own jurisdiction, and the User consents to the transfer of
information over international borders and the use and disclosure of information about the User,
including Personal Data, as described in this Privacy Policy.
QUESTIONS OR COMMENTS
Please direct any questions or comments about K & K Games GmbH's compliance with privacy
requirements to the following email address:
support@kkgames.de
Link to privacy policy of third party service providers used by the app:
Google AdMob: https://support.google.com/admob/answer/6128543?hl=en