Privacy Policy

Updated- January 1, 2024

I. About This Privacy Policy

This Broken Circle Studios Privacy Policy (“Privacy Policy”) describes how and when we may collect, use, and share information collected in connection with our games, mobile apps, websites, content, products, and any related services (collectively the “Services”), and your choices regarding that information. For purposes of this Privacy Policy, “Broken Circle Studios” (or “we” or “us”) refers to Broken Circle Studios, LLC and its representatives, affiliates, members, and staff.

Please read this Privacy Policy carefully. We may update it from time to time by posting a new version. If we make material changes, we will notify you, prior to the changes becoming effective, through the Services or by other means if you’ve provided us additional contact information (e.g., using the email address associated with your Account). Your continued use of the Services after the Effective Date will be an acknowledgement of our updated practices.

II. Information We May Collect

We may collect various types of information, including information you provide or make available to us directly, information collected from your devices (including web and mobile), and information collected from other sources, like social networking sites and gaming partners.

a. Information You Provide

You may provide information directly to Broken Circle Studios when you:

  1. Use or access the Services or make in-app purchases;
  2. Connect with or access our Services using a third party ID or log-in, such as an ID for a social networking site or gaming service;
  3. Contact others using our Services, including when you use chat, “tell a friend,” “email this page,” or other similar features;
  4. Contact us, including for customer or technical support;
  5. Register for offers, contests, or special events;
  6. Subscribe to newsletters; and/or
  7. Complete surveys sent by us or on our behalf.

Depending on how you choose to use the Services, this information may include things like your first and last name, user name or handle, third party service ID, email address, phone number, photo, avatar or other image, date of birth, gender, purchase or payment information, address or shipping information, chat data, friends’ names and contact information, and location information.

b. Information Collected from Your Devices

We may collect information from and about the devices used to access our Services. This may include IP address, hardware model, device software platform/OS and firmware, mobile carrier, preferred languages, unique device identifiers, advertising identifiers, serial numbers, device motion information, and mobile network information. Depending on how you access the Services, we may also collect browser type, Internet service provider, referring/exit pages and URLs, clickstream data, non-precise geolocation, game scores and achievements, and other information as reasonably required to offer and enhance our Services. You may limit sharing of this information at any time by changing the relevant preferences and permissions on your mobile device.

c. Cookies and Similar Technologies

We and our affiliates and partners may use cookies, beacons, software development kits, mobile analytics software, and/or similar technologies for a number of purposes, including to authenticate users, prevent fraud, remember preferences and settings, analyze advertising and messaging campaigns, analyze traffic and trends, personalize content (including ads), and otherwise provide the Services. These technologies may collect information about your use of our Services, pages you view, links you tap, messages you open, and other actions taken in connection with our Services. You can disable cookies in your browser settings, but this could affect the availability and functionality of our Services. For information on interest-based advertising and how to opt out, see the Interest-Based Advertising section below.

d. Information Collected from Other Sources

We may also collect information about you from other sources, including from partners or service providers, publicly available sources, feedback from other players, or social networking sites as described below. We may combine this information with other information in our possession, which helps us to update, enhance, and analyze our Services, and provide tailored experiences for you.

Some of our Services may incorporate features offered by social networks and other third party sites, and in some cases, you may access our Services using single sign-in services like Facebook Connect. If you choose to take advantage of these features, we may collect additional information you choose to share with us, such as your name, profile picture, gender, age, date of birth, user ID, contact information, location, language, time zone, the organizations and links on your profile page, the names and profile pictures of your “friends,” and other information you have included in your profile. If you allow contact information to be shared with us, we may use that information to communicate with you as described in this Privacy Policy.

III. How We Use Information

We may use the information we collect for a number of purposes, including to:

  1. Perform internal operations necessary to develop, provide, maintain, and improve our Services, including troubleshooting, providing customer and technical support, and conducting data analysis, testing, and research;
  2. Understand how you interact with our Services and personalize the product experience and content (including advertising and messaging campaigns), as well as offer discounts or personalized pricing;
  3. Maintain the safety, security, and integrity of our Services, for example by authenticating users and providing account security and fraud detection;
  4. Send you newsletters and/or marketing communications (by email, phone, or text), including information about Broken Circle Studios or third-party offerings we think may be of interest to you;
  5. Administer contests, surveys and sweepstakes you enter, and notify contest winners and award prizes;
  6. Fulfill a purchase or send you order confirmations or other requested product or Service information;
  7. Facilitate your communication with other users and buddies, and enable features that allow you to share information with other people (for example, if you choose to use friend referral features); and/or
  8. Comply with legal requirements and/or to investigate or address claims or disputes relating to your use of the Services.

IV. How We Share Information

We may share the information we collect about you in various ways, including:

  1. With vendors, consultants, business partners, payment processors, and other service providers as necessary to carry out work on our behalf or otherwise provide the Services;
  2. With partners offering co-branded services or games;
  3. With other players, to enable you to interact with them and to share gameplay-related data such as high scores and other leaderboard information;
  4. With the general public, if you choose to share information when contributing content to our Services through a forum, blogs, social features, or the like;
  5. With the public or with social media friends, where you choose to take advantage of social sharing features or related tools that let you share actions you take on our Services;
  6. With others who share your device, if you make your Account available to them through that device;
  7. With specific third parties if we believe disclosure is required by applicable law, regulation, or legal process;
  8. With law enforcement officials, government authorities, or other third parties if we believe your actions are inconsistent with our terms or other policies, and/or are fraudulent or in violation of applicable law, or as we determine necessary to protect the rights, property, or safety of Broken Circle Studios or others;
  9. In connection with a merger, consolidation, restructuring, sale of company stock and/or assets or other corporate change, including during the course of any due diligence process;
  10. In an aggregated and/or anonymized form that cannot reasonably be used to identify you; and/or
  11. With your consent, provided that you may later limit this sharing by contacting us directly.

We do not share your personal information with third parties for their direct marketing purposes unless you give us permission to do so.

In some cases, we may enable you to access third party products or services through our Services. Please note that those products or services are offered by people or companies not affiliated with or controlled by us, and we are not responsible for their actions, their terms, their use of information, or their products or services. If you submit your information to a third party, that third party’s treatment of your information is governed by their privacy policy, which may differ from this Privacy Policy and which we encourage you to review.

V. Interest-based Advertising

We may work with third party advertising partners. We may share certain of your information with these partners to make advertising more relevant, measure its effectiveness, and help recognize your devices and serve ads. We or they may also employ cookies or similar technologies, as described above, to ensure appropriate advertising and personalized experiences. Please note that our ad partners may combine your information with other information they have independently collected and may treat that information in accordance with their privacy policies.

If you prefer to opt out of having your web viewing behavior used for interest-based advertising, you may do so. If you would prefer to opt out of having information about your mobile app usage used for interest-based advertising, you may do so through your device settings. Please note that you may continue to receive generic ads that are not based on your preferences.

VI. Your Rights And Choices

You have the right to access and modify your personal information. You can manage your information as described in this Policy, and you may have additional rights related to that information as described below.

a. Accessing, Updating, or Correcting Your Data

You are expected to maintain accurate, complete, and up-to-date information in connection with your Account.

b. Deletion of Your Data

You have the right to request deletion of your personal information, subject to our Data Retention policy described below. Please note that if you delete your personal information, you may no longer use or access the Services, and that if you share devices with someone else who uses the Services, that person may lose game progress or related account information and access. If you decide to use or access the Services again, Broken Circle Studios may consider this a new Account and may collect personal information associated with that Account in accordance with this Privacy Policy.

c. Communication Preferences

  1. Email, phone, and text: We may contact you at the email address(es) or phone number(s) provided in connection with your Account. You may opt out of these messages
  2. Push: In connection with certain Services, you may choose to opt in to receiving push notifications. If you no longer want to receive them, you can turn them off at the device level.
  3. Cookies: Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services.
  4. As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
    1. You can opt out of targeted advertising by using the links below:
      1. Facebook: https://www.facebook.com/settings/?tab=ads
      2. Google: https://www.google.com/settings/ads/anonymous
      3. Microsoft: https://privacy.microsoft.com/en-us/privacystatement
      4. Amazon: https://www.amazon.com/adprefs
    2. Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
    3. On your mobile device, enable the “Limit Ad Tracking” setting in your iOS phone’s settings, or the setting to “Opt out of Ads Personalization” in your Android phone’s settings. To opt-out of location tracking when using the Services, you can use the settings of your device. You can disable mobile analytics and bug reporting through these same settings as well. For more information about analytics and advertising cookies and how you can opt out, you can visit the Network Advertising Initiative’s opt-out page found at http://optout.networkadvertising.org/?c=1,
    4. The Digital Advertising Alliance’s opt-out page found at http://optout.aboutads.info/?c=2&lang=EN, or EDAA’s Your Online Choices page found at http://www.youronlinechoices.com/.

d. Other Rights

In some cases, particularly if you are a resident of the EU, you may have the right to object to or restrict processing of your personal information, which you can exercise by contacting us. If we have collected and process certain types of personal information with your consent, you may withdraw that consent in the manner described when you provided consent. Withdrawing your consent will not affect the lawfulness of any processing conducted prior to then, nor will it affect any processing based on lawful grounds other than consent.

In some cases, you may have the right to file a complaint with a data protection authority about our collection and use of your personal information. For more information, contact your local data protection authority. We will cooperate with the appropriate governmental authorities to resolve any privacy-related complaints that cannot be amicably resolved between you and us.

VII. Data Retention

We may retain personal information where required by law or where we have an ongoing legitimate business need to do so. For example, we may retain such information to provide you a service you have requested, to comply with applicable legal, tax or accounting requirements, or where necessary for fraud prevention, dispute resolution, enforcement of our contracts and terms, or for safety reasons (e.g., we may retain certain information about an Account to prevent that user from opening a new Account). When we no longer have an ongoing legitimate business need to process your personal information or a legal obligation to retain it, we will either delete or anonymize that information or, if this is not possible (for example, because it has been stored in backup archives), then we will securely store that information and isolate it from any further processing until deletion is possible.

VIII. Security

We follow generally accepted industry standards and maintain reasonable safeguards designed to secure and prevent unauthorized access to the information in our possession. Some of the safeguards we use include firewalls and data encryption. Personal information is stored in secure operating environments, and only those at Broken Circle Studios with a legitimate business need to do so may access your personal information. We also take reasonable steps to assure that third parties to whom we transfer information will provide protections appropriate to that type of information. If you have reason to believe that your interaction with us is no longer secure, please immediately contact us.

IX. Use By Minors

We do not intend to collect personal information as defined by the U.S. Children’s Online Privacy Protection Act (“COPPA”) (“Children’s Personal Information”) in a manner that is not permitted by COPPA. If you are a parent or guardian and believe we have collected Children’s Personal Information in a manner not permitted by COPPA, please contact us at the address listed below (Attention: Legal) and we will remove such data to the extent required by COPPA.

If parents believe that we have unintentionally collected their child’s personal information, they should contact us to request the deletion of the information.

X. Legal Basis For Processing Personal Information (Eea Players Only)

If you are from the European Economic Area, our legal basis for collecting and using your personal information will depend on the type of information and the context in which we collect it. In general, we collect personal information from you only where we have your consent to do so, where we need it to perform a contract with you, or where it is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need it to protect your vital interests or those of another person. If you have questions about the legal basis on which we collect and use your information, please contact us.

If you are a data subject in the European Economic Area (“EEA”), you have the right to access, rectify, or erase any personal data we have collected about you. You also have the right to data portability and the right to restrict or object to our processing of personal data we have collected about you. You may withdraw your consent at any time for any data processing we do based on consent you have provided to us. To exercise any of these rights, contact us as set forth in the section “Contact Us” below and specify which right you intend to exercise. We may require additional information from you to allow us to confirm your identity. Please note that we may store information as necessary to fulfill the purposes for which it was collected, and may continue to retain and use the information even after a data subject request for purposes of our legitimate interests, including to comply with legal obligations, resolve disputes, prevent fraud, and enforce agreements. Personal data collected within the European Union and Switzerland may be transferred and processed by third parties located in a country outside of the European Union and Switzerland. In such instances, we will ensure that the transfer of your personal data is carried out in accordance with applicable privacy laws. If you have any issues with our compliance, you have the right to lodge a complaint with an EEA supervisory authority.

XI. Privacy Notice for California Residents

This Privacy Notice for California Residents applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We may use reasonable proxies, such as time zone or other data where we do not know the state of residence of a person, to determine whether a user is a California Resident – we do not ask users of our games for their address or state of residence. We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this Notice.

Where noted in this Notice, the CCPA temporarily exempts personal information reflecting a written or verbal business-to-business communication (“B2B personal information”) from some its requirements.

a. Information We Collect

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“personal information”). Personal information does not include:

  • publicly available information from government records or
  • deidentified or aggregated consumer information.

In particular, we have collected the following categories of personal information from consumers within the last 12 months:

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We obtain the categories of personal information listed above from the following categories of sources:

  • Directly from you. For example, from forms you complete or products and services you purchase.
  • Indirectly from you. For example, from observing your actions in our products.

b. Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following purposes:

  • To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
  • To provide, support, personalize, and develop our products, and services.
  • To process your requests, purchases, transactions, and payments and prevent transactional fraud.
  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
  • To personalize your experience with our products and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads.
  • To help maintain the safety, security, and integrity of our website, products and services, databases and other technology assets, and business.
  • For testing, research, analysis, and product development, including to develop and improve our products and services.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • As described to you when collecting your personal information or as otherwise set forth in the CCPA.
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Broken Circle Studios about our users is among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

c. Sharing Personal Information

We may disclose your personal information to a third party for a business purpose. When we disclose personal information other than persistent identifiers for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. We disclose persistent identifiers with our advertising partners, who may use those persistent identifiers, share them with their other partners, combine information from other sources with those persistent identifiers, or otherwise use them consistent with their privacy policies.

We share your personal information with the following categories of third parties:

  • Service providers (including third party advertising providers)
  • Data aggregators

d. Disclosures of Personal Information for a Business Purpose

In the preceding 12 months, Broken Circle Studios has disclosed the following categories of personal information for a business purpose:

  • Category A: Identifiers.
  • Category D: Commercial information.
  • Category F: Internet or other similar network activity.
  • Category G: Geolocation data.
  • Category L: Equipment information.

We disclose your personal information for a business purpose to the following categories of third parties:

  • Service providers (including third party advertising providers)

e. Your Rights and Choices

The CCPA provides California residents with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access To Specific Information And Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:

  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting or selling that personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about you (also called a data portability request), provided that if you uninstall our products, your device identifier is lost and prior usage information and similar information tied only to that IDFV could not be linked to you and therefore could not be disclosed.
  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
    • sales, identifying the personal information categories that each category of recipient purchased; and
    • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

We do not provide these access and data portability rights for B2B personal information.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  • Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  • Debug products to identify and repair errors that impair existing intended functionality.
  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  • Comply with a legal obligation.
  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We do not provide these deletion rights for B2B personal information. Additionally, if you uninstall all of our products, your device identifier is lost and prior usage information and similar information tied only to that IDFV could not be linked to you and therefore could not be deleted.

Exercising access, data portability, and deletion rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us.

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include the device identifier (IDFV) which can be obtained from the settings menu in our products.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

For instructions on exercising sale opt-out rights, see Personal Information Sales Opt-Out and Opt-In Rights.

Response timing and format

We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

We will deliver our written response electronically.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Personal information sales opt-out and opt-in rights

If you are 16 years of age or older, you have the right to direct us to not sell your personal information at any time (the “right to opt-out”). We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is at least 13 but not yet 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.

To exercise the right to opt-out, you (or your authorized representative) may submit a request to us.

We log your consent state for compliance purposes.

Once you make an opt-out request, we will wait at least 12 months before asking you to reauthorize personal information sales (unless you uninstall all of our products and reinstall any of our products, which will reset your IDFV). However, you may change your mind and opt back in to personal information sales at any time by adjusting your settings in the applicable product application.

We will only use personal information provided in an opt-out request to review and comply with the request.

f. Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

g. Other California Privacy Rights

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. Please contact us with any such request.

XII. Nevada Residents

Nevada law provides Nevada residents with certain rights regarding the processing of their personal data. Our customers who are Nevada residents have the right at any time to request that we do not sell the following information regarding them to third parties: (1) the customer’s first and last name; (2) the customer’s physical address which includes the name of a street and the name of a city or town; (3) the customer’s e-mail address; (4) the customer’s telephone number; (5) the customer’s social security number; (6) the customer’s identifier that allows a specific person to be contacted; or (7) any other information concerning a customer collected from the customer through our Internet website or online service and maintained in combination with an identifier in a form that makes the information personally identifiable. To exercise your right to opt out of the sale of Covered Information under Nevada law, please contact us (contact details below) and be ready to provide your name, address, and email. We may ask for other information in order to confirm your identity. Any information we receive from you in order to confirm your identity will solely be used for such verification purposes.

XIII. International Transfer

We operate internationally, and many of our systems are currently based in the United States, this means Information we collect will be processed by us in the U.S. where data protection and privacy regulations will not offer the same level of protection as in other parts of the world, such as the European Union.

XIV. Language

To the fullest extent permitted by law, the controlling language for this Privacy Policy is American English. Any translation available in any other language is provided for your convenience only. Broken Circle Studios makes no representation as to the accuracy of any translated version.

XIV. Contact Us

If you have questions or concerns about this Policy or our data practices, or wish to contact us in regards to any of the above, please contact us at:

privacy@brokencirclestudios.com

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