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Inkfish Studios Ltd (Inkfish)

User Agreement - Terms of Service

Effective Date: 31st October 2017

Your privacy is important to us, and we take our responsibility of caring for it seriously. This policy describes what information Inkfish Studios Ltd collects when you use the mobile, online and downloadable products and services ("products") offered by INKFISH STUDIOS LTD. By using our products, you consent to this policy.

TABLE OF CONTENTS

The information we collect depends on what products you use and how you use them. The controller of the personal information collected is Inkfish Studios Ltd, 6 Stanmore Road, London N15 3PS.

  • 1. Information You Give Us Directly

We may collect information you provide us, including:

  • Your email address, username, country, date of birth, telephone number and password;
  • Security questions and answers;
  • Demographic details, for instance in response to surveys about our products;
  • Information you provide when seeking help from us such as your name and records of the issues you experience;
  • Billing information, such as your name, address, telephone number and payment card details;
  • Your Inkfish Studios Ltd Account information; and
  • Information you provide to enter any contest we hold in future.

When you participate in social features (such as chat), the information that you disclose is public information. We may store and access it, and it may be read, copied, collected or used by other users without your consent.

When you participate in online multiplayer games your in-game profile information, gameplay, and statistics are visible to all. We may record your gameplay, including your controller button inputs, and replay these together with your profile information and game statistics to other players in-game without further notice to you, for example as part of a spectator mode, or for out-of-game promotional purposes.

  • Other Information We Collect When You Use Our Products

We collect other information automatically when you use our products, including:

  • IP address;
  • Mobile and other hardware or device identifiers;
  • Browser information, including your browser type and the language you prefer;
  • Referring and exit pages, including landing pages and pages viewed;
  • Platform type;
  • Information about your media, device, hardware and software, such as your hardware settings and components, Inkfish software and updates you have installed or use, and presence of required plug ins;
  • Details about what Inkfish products you use and your use of them; and
  • Device event information, including crash reports, request and referral URL's and system activity details (e.g. whether you encountered an error playing our games or lost Internet access).

We also may collect and store information locally on your device, using mechanisms like cookies, browser web storage (including HTML 5) and application data caches.

  • Information Provided to Us by Third Parties

PlayStation®3 & PlayStation®4 Computer Entertainment Systems. By signing up to play our products on a PlayStation®3 or PlayStation®4 computer entertainment system, you agree your Sony Entertainment Network account information will be provided to Inkfish so we can establish an Inkfish Account for you. You need an Inkfish Account to play Inkfish Studios Ltd's products online. From Sony, we receive information including your name, email address, Online ID, your country, state or province, language and date of birth. We do not receive your credit card number or other financial information.

Xbox Live. By signing up to play our products on Microsoft's Xbox Live Service, you agree that Microsoft may provide us with your Microsoft user account information so we can establish an Inkfish Studios Ltd Account for you. You need an Inkfish Account to play Inkfish Studios Ltd's products online. From Microsoft, we receive information including your Gamertag, email address, state or province, country, language and age. We do not receive your credit card number or other financial information.

Wii / Wii U. By signing up to play our products on a Nintendo Wii or Wii U console, you agree that Nintendo may provide us with your Nintendo user account information so we can establish an Inkfish Account for you. You need an Inkfish Account to play Inkfish Studios Ltd's products online. From Nintendo, the data we receive includes your Mii information, email address, Nintendo Network ID, friend list, country, language and date of birth. We do not receive your credit card number or other financial information.

Nintendo Switch™. By signing up to play our products on a Nintendo Switch™ console, you agree that Nintendo may provide us with your Nintendo Account information so we can establish an Inkfish Studios Ltd Account for you. You need an Inkfish Account to play Inkfish Studios Ltd's products online. From Nintendo, the data we receive includes your nickname, email address, friend list, country, language and date of birth. We do not receive your credit card number or other financial information.

Mobile Platforms. If you play or purchase our games on your mobile device and/or tablet, we receive information about you from the app stores and other mobile platform providers. This information includes your username and/or device ID and the fact that you made a purchase, for instance, but does not include any sensitive or financial information. Some of our mobile platforms also may send information to us that you authorize them to provide. Our mobile products also may request additional personal information from you, such as push notification tokens, your precise location or contact list, and we will collect this information only if you give us your explicit consent.

Other Third Parties

We may receive information from third parties, like Facebook or Game Center, when you use these services in connection with our products. We may also receive information about you when other players choose to share their contact lists with us.

We also may receive information from third parties to supplement the information we receive from you. We also may use information from third parties, for instance, to help us understand your approximate geolocation via your IP address for tax purposes, or to customize certain services to your location, and for fraud and/or abuse prevention purposes.

  • 2. How We Collect Information

We collect some information from you when you provide it to us directly, such as via an online form or when you talk with a member of our team. We and third parties also use certain technologies described below to collect information to deliver the best experience for you.

  • Cookies and Similar Technologies

Cookies are small text files stored on your Internet browser. We use cookies and similar technologies to help us understand things like what web pages, features or ads you view and what games you play. This information helps us keep track of your shopping cart, measure the effectiveness of our advertising, make sure you don't see the same ad repeatedly and otherwise help enhance your user experience. You can disable cookies, limit the types of cookies you allow, or set your browser to alert you when cookies are being sent. Please refer to http://www.allaboutcookies.org or the guidance provided by your individual web browser if you'd like help in managing your cookie preferences.

We use other technologies for similar purposes as a cookie. We use pixels or clear GIFs to collect information about your use of our products and your response to our marketing emails. We use Internet log files (which contain technical data such as your IP address) to monitor traffic on our products, troubleshoot technical problems, detect and prevent fraud and enforce our User Agreement. Other examples include HTML 5 cookies, Silverlight Application Storage, device fingerprints and "flash cookies." If you want to remove flash cookies or prevent them from being placed, adjust your preferences in the Macromedia Website Privacy Settings Panel at www.macromedia.com/support/documentation/en/flashplayer/help/.

We also use Analytics, Advertising, Anti-Cheat and Anti-Fraud technologies in our products that utilize the same cookies and similar mechanisms. These technologies are described below.

  • Analytics Technologies

We use our own game servers and internal and third party analytic technologies to collect information about how you use our products, your computer or device and the health of our products.

For instance, Inkfish Studios Ltd may collect and store data from your computer or device when you use our products. This information includes technical and related information about your computer or device and operating system (such as IP Address and device ID), information about your feature usage, gameplay and usage statistics, system interactions and peripheral hardware for purposes described in section 3, below. If you play a game offline, this data will be stored on your device and transmitted to Inkfish Studios Ltd when your device connects to the Internet. If you participate in online services, Inkfish also may collect, use, store, transmit and publicly display statistical data regarding game play (including scores, rankings and accomplishments), or identify content that is created and shared by you with other players.

  • Anti-Cheat and Fraud Prevention Technologies

Inkfish Studios Ltd strives to provide a safe and fair gaming environment for all players. When you log in to one of our products, set up an Inkfish Account or make purchases, we may use cookies and similar technologies, or collect data about your machine or device, to create a machine "fingerprint" or "hash" of your machine components, for fraud prevention, security and authentication purposes. We also may use other anti-cheat technology with our products.

  • 3. How We Use Your Information

We use your personal and non-personal information, both individually and combined together, in the following ways:

To operate our business and to enhance and personalise your game experience including to:

  • Operate, improve, and develop our games and services;
  • Populate online leaderboards and enable online matchmaking;
  • Provide replays to you and other players via spectator modes;
  • Help you find your friends or tell your friends about an Inkfish Studios Ltd product or service;
  • Facilitate sharing on social networks;
  • Serve and measure the effectiveness of advertising;
  • Measure the health of our services;
  • Set up and maintain accounts you register for;
  • Provide game experiences that you may like;
  • Set up loyalty programs;
  • Facilitate your gameplay on multiple devices when available;
  • Identify, fix, and troubleshoot bugs and service errors;
  • Provide software updates;
  • Activate or authenticate your games and save game progress and stats;
  • Adhere to your preferences and to deliver dynamic content; and
  • Help keep our services safe and fair, resolve disputes, investigate and help curb fraud and illegal behavior, comply with the law, and to enforce our agreements and policies.

To provide you support, including to:

  • Help identify and troubleshoot problems with your account or games;
  • To survey your opinions through surveys or questionnaires;
  • Communicate with you and respond to your specific requests or questions; and
  • Manage and send you confirmations and important information about your account, products, purchases, subscriptions, and warranties.

To personalise our communications with you, including to:

  • Present offers and/or information relating to games you might like;
  • Make recommendations to you; and
  • Personalise advertising for you and deliver targeted marketing, service updates and promotional offers.
  • 4. Information We Share with Third Parties

We do not share personal information that directly identifies you (such as your name, e-mail or postal address) with independent third parties without your consent, unless it is either required by law or we determine that disclosure is reasonably necessary to enforce our rights, property or operations or to protect our players or third parties. We may share anonymous or aggregated information, or other data that does not directly identify you, with third parties, for instance your persona on leaderboards or to show trends about use of our products.

We may employ third parties located in and outside of your country of residence (including outside of the European Economic Area (EEA)) to collect or process personal information on our behalf for various reasons, such as conducting market surveys, facilitating credit card processing, or sending emails. When our third party agents or service providers collect or receive personal information, we require that they use the data only on our behalf and for purposes consistent with this policy.

We do not disclose personal information about children under 18 years of age to independent third parties even with consent.

However, in the event of a reorganisation, divestiture, merger, sale or bankruptcy, we may transfer all information we collect to the relevant third party and will obtain your consent to do so if required by law.

We do not control information sent from your browser to third parties, such as advertising networks and analytics companies that receive information in the normal course of your Internet activity. When third party technologies or social tools are integrated into our products, those third parties may collect information when you use our products. An example is the Facebook "Like" button.

  • 5. Where We Hold Your Information

Personal Information we collect may be stored and processed for the purposes set out in this agreement in the United Kingdom or any other country in which Inkfish Studios Ltd, its subsidiaries, or third party agents operate. By using our products, you consent that your personal information may be transferred to recipients in the United Kingdom and other countries that may not offer the same level of privacy protection as the laws in your country of residence or citizenship.

  • 6. How We Protect Your Personal Information

Security of our players' information is a priority at Inkfish Studios Ltd, and we take a range of measures to help protect it, including encryption of sensitive financial information. Even so, no security measure is 100% perfect. This means we cannot guarantee the security of your information and do not assume any responsibility for the unauthorized use or access to your information under our control.

  • 7. Children (Under 16 years)

Protecting children's privacy online is extremely important to Inkfish Studios Ltd. All of our online and mobile products and services are intended for teens 16 years and over. We attempt to mitigate unlawful access to our products and rate them accordingly, however this is not necessarily 100% effective in some cases. As such any child accessing our services has done so illegally and thus Inkfish Studios is not responsible for any outcome occurring as a direct result of such access.

Under no circumstances do we encourange the use of our products to children under the age of 16 or allow participation in any activity—like contests.

  • 8. Your Choices and Controls

We give you meaningful choices when it comes to important uses and collection of information. For example, you can update your account information and preferences, choose to opt in or out of Inkfish marketing emails and choose whether to share your information with select Inkfish partners. If you would like to opt out at any time after granting approval, please contact us at marketing@inkfishstudios.com

You also can review and change most of your preferences through your Inkfish Account settings where applicable.

You may deactivate your Inkfish Account or delete the personal information associated with your account by contacting us. If you do so, you will no longer have access to the Inkfish games or services associated with your account.

Note Inkfish Studios Ltd may retain information needed to resolve disputes, enforce our user agreements, protect our legal rights, and comply with technical and legal requirements and constraints related to the security, integrity and operation of our products. Otherwise, we will retain your personal information for as long as reasonably necessary to provide you services, create and improve our products, comply with the law, and to run our business.

You can access the personal information we hold about you. To request access, send an email to marketing@inkfishstudios.com headed "Info Access Request". Before we process any request, we may ask you for certain personal information in order to verify your identity and we may request payment where allowed by law. Where permitted by local law, we may reject requests that are unreasonable or impractical. We will respond to your requests in a reasonable timeframe.

You also may adjust your browser settings to block certain online tracking, such as cookies.

  • 9. Third Party Services

Our websites and products may contain advertising or third party services (such as the Facebook Like button or links to third-party websites). If you click on those links, including an advertisement, you will leave the Inkfish Studios Ltd website and go to the site you selected. If you visit a third party website or use a third party service, you should consult that site's or service's privacy policy.

  • 10. Changes to Our Policy

We may update this policy from time to time, and will advise our users when we do so. Your continued use of our products means you accept the changes. Once you accept this policy, we will not enforce future changes we deem in good faith to be material absent your express agreement to the changed terms. If you are asked to affirmatively accept material changes to this policy and you decline to do so, you may not be able to continue to use the product provided.

  • 11. Contact Us

If you have a complaint or question about this policy, you may contact us at marketing@inkfishstudios.com

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