GameKraft » Privacy Policy

for Mobile Applications

by GameKraft

Last updated: 2018

At GameKraft (hereinafter referred to as: “GameKraft” or “we” or “us” or “our” or “controller”), our passion is creating unique games. At the same time we respect the privacy of our users (“user”, “users”, “you” or the “data subject”) therefore we have decided to be bound by the rudiments included in this Privacy Policy. Apart from indicating the fundamental values and principles (please see: “Privacy statement and fundamental principles”), this Privacy Policy explains how we collect, process, disclose, and safeguard your personal data when you use or visit our software applications for mobile devices (hereinafter referred to as the “Application” or the “Applications”).

This Privacy Policy for Mobile Applications (hereinafter referred to as: the „Policy” or the “Privacy Policy”) is intended for all mobile Applications by GameKraft and is subject to the laws of Poland. The Policy has been drawn by GameKraft sp. z o.o., ul. Galczynskiego 62/1, 10-693 Olsztyn, POLAND.

At the outset it shall be highlighted that our Applications and other services are available to users from different countries of the world, predominantly countries which are part of the European Union (hereafter referred to as: the “EU”) or the European Economic Area (hereinafter referred to as: the “EEA”). In accordance with the so-called General Data Protection Regulation (REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation); hereinafter referred to as the “GDPR”), which is the act forming part of the European Union law, in order to provide Applications and services to our clients from Europe, we are obliged to inform about a number of issues, as this is directly required of us by the law.

The GDPR was adopted on 14 April 2016, and became enforceable beginning 25 May 2018. The GDPR imposed several obligations on data controllers and processors and granted a vast number of rights to data subjects. Majority of them have been listed and emphasized in this Privacy Policy. Even if the GDPR does not apply in your case we would like to protect your privacy and personal data just as well as safety. Should you have any questions or concerns with regard to your rights – please do not hesitate to contact us at: [email protected]

We reserve the right to make changes to this Privacy Policy at any time. We would alert you by e-mail or text message about any changes by updating the “Last updated” date of this Privacy Policy. You are encouraged to periodically review this Privacy Policy in order to stay informed regarding updates at: www.gamekraft.pl. You would be deemed to have been made aware of, would be subject to, and would be deemed to have accepted the changes in any revised Privacy Policy by your continued use of the Application or Applications after the date when such revised Privacy Policy is posted. We are pleased to provide you with full history of this Policy at: www.gamekraft.pl.

This is a legal document, yet, we have made every effort to prepare it in a clear, coherent and transparent manner in order to enhance protection of your rights, which is one of the top priorities at GameKraft. Please read this Privacy Policy carefully. For more information regarding privacy and the rights you are vested in as our Applications user please refer to the Terms of service or contact us directly at: [email protected]

Please note that the concept “personal information” or “information” is most commonly used in the US and Canada in order to indicate personal data. Further in this document, we would like to use the concept “personal data” or simply “data” uniformly.

Privacy statement and fundamental principles

At GameKraft – the company providing software Applications for mobile devices – we recognize that security and privacy of yourself and of your data are of paramount importance. These are our core values. Therefore we are committed to:

keep your data safe and protected against various security threads;
maintain your privacy as our priority: principally we store personal data necessary
to perform the agreement and to ensure the security of all our users;
give you the most control over the processing of your personal data.

Please note that processing of your personal data may each time look different, depending on what data we process, for what purpose, by what means, on what legal basis, etc. In each case, however, we are guided by a few fundamental principles:

LAWFULNESS – we always process your data in accordance with the law;
RELIABILITY – we process your data reliably, in the organized and thoughtful manner;
TRANSPARENCY – we are committed to make the data processing processes transparent;
PURPOSEFULNESS – we always collect and process data for a specific legal purpose or purposes; we do not collect data unnecessarily;
ADEQUACY – we process data adequate to the purposes for which we do it; we limit the processing of data to what is necessary to achieve a specific purpose beyond which
we do not cross;
CORECTNESS – we take reasonable care to process only personal data which are correct and up-to-date;
LIMITATION OF STORAGE – in accordance with the GDPR, storage in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; we store personal data no longer than really needed;
INTEGRITY AND CONFIDENTIALITY – we process personal data in the manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage. We use appropriate technical or organizational measures;
ACCOUNTABILITY – the controller of your data is responsible for compliance with the rules listed above. We keep records of how we process your personal data in order demonstrate that, if necessary.

Please be informed that at GameKraft we carry out privacy risk assessments. Where a type of processing in particular using new technologies, and taking into account the nature, scope, context and purposes of the processing, is likely to result in a high risk to the rights and freedoms of natural persons, we carry out the assessment of the impact of the envisaged processing operations on the protection of personal data.

As it has been mentioned above, we value your privacy and security. Thus when we create new products, services and implementations or new configurations, functionalities, features and settings of our Applications – we accept only such configurations and settings that do not expose you to the processing of personal data beyond what is necessary to use our solutions (Privacy by Default), whereas the products and services themselves are created in accordance with the principles stated above (Privacy by Design).

We have already identified our key values and fundamental principles with regard to processing of your personal data. In the following part of the Privacy Policy you are going to find:

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1. BASIC CONCEPTS AND DEFINITIONS

Concepts and definitions used in the legal acts related to privacy protection and processing of personal data differ from country to country and from jurisdiction to jurisdiction. Remaining consistent with the GDPR, by processing of your data for the purpose of providing the best quality of services and the possibility of using GameKraft Applications, we understand the following basic concepts and definitions as follows:

PERSONAL DATAmeans any information relating to an identified or identifiable natural person. The identifiable natural person is the one who can be identified, directly
or indirectly, in particular by reference to an identifier such as a name and surname,
an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
PROCESSING OF DATA – means any operation or set of operations which
is performed on personal data or on sets of personal data, whether or not by automated means. Processing of data involves in particular: collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure
by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction of personal data;
CONTROLLER OF PERSONAL DATA – within the framework of the EU law means the natural or legal person, public authority, agency or other body which, alone
or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by the European Union or the Member State law, the controller or the specific criteria for its nomination may as well be provided for by the European Union or the Member State law;

The controller processing personal data for the purpose of providing our services and Applications is GameKraft sp. z o.o. with its registered office in Olsztyn, POLAND. In all matters concerning the protection of your privacy and personal data you are welcome to contact us through the following contact details:

GameKraft sp. z o.o.

Galczynskiego 62/1

10-693 Olsztyn, POLAND

www.gamekraft.pl // [email protected]

We would like to kindly inform our EU and EEA users that we have not appointed
a data protection officer.

THE BASIS OF DATA PROCESSING – legally defined grounds for the processing of personal data by us.

In principle, we process your data on the basis of your consent, or because we need
it to provide you with our services and Applications or in order to make a settlement of the agreement we concluded.

It may happen that we would be forced by law to transfer your personal data to public services – yet we always remain committed to act in accordance with the law. We are allowed to use your data to develop our Applications through, for example, customer profile analysis, preparation of marketing strategies. In this case, the basis for the processing of your data are our legitimate business interests – the possibility to conduct market analysis, advertising, implementation of sales strategies, etc. as it remains a part
of the fundamental right of economic freedom and the freedom to conduct a business. Nevertheless, we renounce such processing of personal data which would excessively interfere with your rights and freedoms.

PROFILING – means any form of automated processing of personal data consisting
of the use of personal data to evaluate certain personal aspects relating to natural person, (in particular to analyze or predict aspects concerning: personal preferences, interests, reliability, behavior, location or movements). Examples of profiling are, e.g. automatic credit rating or displaying advertisements based on previous internet activity.
PROCESSOR – means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller. It may happen that the controller of your data, acting legally, entrusts data to third party.
CONSENT TO DATA PROCESSING – the key concept, as most frequently
we process your data based on your consent. Consent of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

Please remember that your consent to the processing of your personal data by
us is and would always remain voluntary. You can also withdraw your consent at any time.

2. YOUR CONSENT TO DATA PROCESSING

By using our Applications you are consenting to our processing of your personal data as set forth in this Privacy Policy for the purpose of providing high-quality services and Applications by us.
As we take care of your privacy, at the outset we would always request for your consent.

Please remember that your consent is always voluntary and you can withdraw your consent at any time without stating any reason. Please note, however, that occasionally it may turn out to be impossible
to provide you with services or provide some Application functionalities and features – as it might not be possible without processing of your personal data.

3. LEGAL GROUNDS FOR DATA PROCESSING

In the case of the EU citizens, the legal grounds for processing of personal data are explicitly set forth by the GDPR. In the case of our Applications, depending on the circumstances that would be the following:

article 6 section 1 letter a) of the GDPR – the data subject has given consent to the processing of his or her personal data for one or more specific purposes;
article 6 section 1 letter b) od the GDPR – processing is necessary for the performance
of the agreement to which the data subject is party or in order to take steps at the request of the data subject prior to entering into the agreement;
article 6 section 1 letter c) of the GDPR – processing is necessary for compliance with
a legal obligation to which the controller is subject;
article 6 section 1 letter f) of the GDPR – processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

4. INFORMATION ON YOUR RIGHTS

The GDPR confer persons from the EU with the number of rights that they can use while we process their personal data. If you are the person from the EU you are vested in with the following rights:

the right to access and receive copies of your data. You have the right to receive from
us one copy of your personal data, which we process, and another – for a fee;
the right to rectify (to amend) your personal data;
the right to erase data. If you think there are no grounds for us to process your data further and you are right, you can demand erasure;
limitations on data processing. If you think that we have inaccurate data about you, and you do not request to erase these data, you can demand that we limit ourselves only
to store this data, or to other undertake other activities that we would agree with you;
the right to object to the processing of personal data;
the right to data portability;
if we process your data on the basis of your consent, you have the right to withdraw your consent for processing at any time without giving any reason. This does not affect the legality of the previous processing;
the right to complain to the appropriate supervisory authority for our actions.

In order to exercise your rights, you must first let us know. Initially, please contact us in the manner chosen by you. To facilitate this process, we have prepared a template for your request (or statement) that you can use to communicate with us – you will find the template at the very end of this Privacy Policy.

Regardless of how, when and in what form you would be willing to contact the controller, please read the following instruction, containing the rules of handling your inquiry that are required by law – the GDPR and which are applicable in your case.

Information shall be provided in writing or otherwise, including, where appropriate, electronically.
If the data subject requests so, the information may be given orally, provided that the identity of the data subject is confirmed by other means. The controller may refuse to serve a person’s request
if it is impossible to identify the data subject. The controller without undue delay – and in any case within one month counted from receipt of the request – provides the data subject with information on actions taken in connection with the request. If necessary, this period may be extended by another two months due to the complex nature of the request or the number of requests. Within one month of receipt of the request, the controller shall inform the data subject about such extension, stating the reasons for the delay. If the data subject has forwarded his/her request electronically, if possible, the information is also transmitted electronically, unless the data subject requests the different form. If the controller does not take action in relation to the request of the data subject, he shall immediately – no later than within one month from the receipt of the request – inform the data subject of the reasons of failure to take actions and the possibility of lodging a complaint to the supervisory authority and use the means of protection before the court. Information provided by the controller as well as communication and actions taken on and in relation to handling requests are free of charge. If the data subjects’ requests are manifestly unjustified or excessive, in particular because of their continuing nature, the controller may charge
a reasonable fee, including administrative costs of providing information, communication or action, or refusing to take actions in relation to the request . If the controller has reasonable doubts as to the identity of the natural person submitting the request, he may request for additional information necessary to confirm the identity of the data subject.

5. INFORMATION ON YOUR RIGHTS FOR NON-EU AND NON-EEA CITIZENS

At GameKraft – the company providing software Applications for mobile devices – we recognize that security and privacy of yourself and of your data are of paramount importance. We take security and privacy of our users seriously. Our goal is to provide the highest possible level of protection to all our users. Therefore even if the rules established by the GDPR do not apply to you, please note, among others, that you are allowed to request: to stop processing of your data if there is no ground for it or to rectify your personal data. Should you have any questions or concerns with regard to your rights, please do not hesitate to contact us at: [email protected]

6. WHAT SORT OF DATA WE PROCESS

At GameKraft we process variety of data and different categories of personal data – all for specific purposes. We ask you for consent to process personal data as well as we inform you about the processing principles. Please do not hesitate to familiarize yourself with them carefully.

In principle we commence processing of your personal data when you download and register the Application. Registration with us is optional. However, please keep in mind that you may not be able to use some of the functionalities and features offered by the Application unless you register with us.

User Provided Data

The Application obtains the information you provide when you download and register the Application. If you register with us and use the Application, you generally provide:

your name, email address, age, user name, password and other registration information;
transaction-related information, such as when you make purchases, respond to any offers, or download or use applications from us;
information you provide us when you contact us for help;
credit card information for purchase and use of the Application, and;
information you enter into our system when using the Application, such as contact information and project management information.

When you download the Application you give your consent to use personal data you provided
to us in order to contact you from time to time to provide you with important information, required notices and marketing promotions.

Please note that financial information, such as data related to your payment method e.g. valid credit card number, card brand, expiration date) that is collected when you purchase, order, return, exchange,
or request information about our services from the Applications might also be processed by payment processors.

Automatically Collected Data

When you download the Application you give you consent for the Application to collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Application.

Please note that you give consent that the Application may by default access your Facebook basic account information, including your name, email, gender, birthday, current city, and profile picture URL, as well as other information that you choose to make public. You give permission that the Application may also request access to other permissions related to your account, such as friends, check-ins, and likes, and you may choose to grant or deny us access to each individual permission.

Once you download the Application you generally consent to the processing of special categories of personal data. At the same time, the controller indicates and accepts that in accordance with article 9 sec. 1 of the GDPR processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation shall be prohibited (special categories of personal data) except for cases explicitly indicated in article 9 sec. 2 and 3 of the GDPR. You may withdraw your consent at any time.

Geo-Location Data

When you use the Application you give consent that the Application may use GPS technology
(or other similar technology) to determine your current location in order to indicate the city you are located within and display a location map with relevant advertisements. We are also allowed to share your current location with other users or partners.

Please note that you can withdraw your consent at any time without stating any reason. Additionally,
if you do not want us to use your location for the purposes set forth above, you should turn off the location services for the mobile application located in your account settings or in your mobile phone settings and/or within the mobile Application.

7. PURPOSES FOR THE PROCESSING OF YOUR PERSONAL DATA

We do not collect your personal data without purpose. We use and process your personal data
to operate more efficiently, more modernly and to provide you with enhanced services. In principle
we use your personal data for the purpose of providing you with the best quality services and the possibility of using GameKraft Applications and their functionalities.

We process your personal data for the purpose of:

application of various forms of marketing (including direct marketing);
advertising and PR activities aimed at selling and advertising of our products, services and solutions;
providing commercial information and offers in compliance with applicable legal requirements;
conducting marketing research;
preparation of marketing strategies;
customer profile analysis;
better matching of our services and Application to the needs of the market and existing clients;
improving functionalities and Applications’ operation;
scientific research;
statistical research.

8. TRANSFER OF YOU DATA

In general, acting in compliance with the law, we may transfer your personal data to our contractors and service providers. In particular we are allowed to transfer your data to entities such as companies providing accounting and tax services, our lawyers, financial companies, banks, companies providing analytical services (e.g. for the purposes of market analysis), entities providing marketing and advertising services. We always provide at least the same level of security of your data, and we are constantly committed to choose only theses contractors who can guarantee the highest level of protection of your privacy.

We may transfer your personal data to companies providing analytical services to help us understand how the Application is being used in terms of frequency and duration of usage. We cooperate with advertising companies and third party advertising networks, who need to know how you interact with advertising provided by the Application. This enables us to keep the cost of the Application low. Advertising networks and companies use some of the data collected by the Application, including, but not limited to, the unique identification ID of your mobile device and your mobile telephone number. To protect the anonymity of this information, we use an encryption technology to help to ensure that these third parties cannot identify you personally. These third parties may also obtain anonymous information about other applications you have downloaded to your mobile device, the mobile websites you visit, your non-precise location information (e.g., your zip code), and other non-precise location information in order to help analyze and serve anonymous targeted advertising on the Application and elsewhere. We may also share encrypted versions of data you have provided in order to enable our partners to append other available information about you for analysis or advertising related use.

Please note that the controller of your personal data is GameKraft, however, we are allowed to transfer your personal data to its equity affiliates or organizational affiliates. In the case when GameKraft is involved in a merger, acquisition, or sale of all or a portion of its assets, you would be notified via e-mail and/or a prominent notice on our website: www.gamekraft.pl of any changes of ownership and of associated changes related to processing of your personal data.

9. TRANSFER TO THIRD PARTIES AND INTERNATIONAL ORGNAIZATIONS

It may happen that we transfer your data to other countries, as servers may be located abroad, or that our subcontractors come from another country. If we transfer your data to another EU country, then these data are processed in the same way as in Poland – the GDPR shall be respected in the EU countries in the equal way. If your data leave the EU and EEA region, we make sure that your data are just as safe as it is with us and we do not entrust them to any company, entrepreneur or organization that do not guarantee the same level of data protection as in Poland and the EU/EEA region.

10. WHEN YOUR PERSONAL DATA ARE MADE AVAILABLE

It may happen that we would be forced by law to transfer your personal data to public services – yet we always remain committed to act in accordance with the law. We are allowed to make available your personal data when:

it is required by law, such as to comply with a subpoena, or similar legal process;
we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a reasonable government
or public authorities request.

11. OPT-OUT OPTIONS

You can opt-out from all personal data processing and transferring by uninstalling the Application. You may use the standard uninstalling processes as available as part of your mobile device or via the mobile application marketplace or network. You have a right to request to opt-out via email: [email protected]

Should you like to opt-out from the processing of data to serve targeted advertising by advertisers and/or third party network advertisers: you may at any time opt-out from further allowing us to have access to your location data by changing preferences on your mobile device.

12. PROCESSING OF PERSONAL DATA BELONGING TO CHILDREN

It may happen that our Applications are used by persons who are not adults (above 18 years of age). If you are at least 16 years old you are allowed to give permission to process your personal data yourself. The threshold of being at least 16 years old results directly from the provisions of the GDPR. Nevertheless, if the appropriate legal regulations modify this threshold we comply with them. If you are not yet 16 years old and you would like to provide the consent to process your personal data, it is not possible unless your legal guardian expressly agrees – then he or she also has to give us the explicit consent that we could receive and store. It is not enough that you know that you received the consent from your legal guardian – for the clarity of the processing of your data, we need to have a proof of explicit consent.

13. SECURITY OF YOUR DATA

We protect your data best as we can. We apply measures adequate to the level of risk that may be associated with the processing of your data, technological, organizational and physical safeguards. Depending on the circumstances, we may use different types of safeguards: IT safeguards, encryption, pseudoanonymization, physical security or the application of strict internal rules allowing to process your data only by trained and authorized persons. We protect your data in particular against accidental loss, modification or unauthorized disclosure to third parties.

14. DATA RETENTION POLICY

We kept personal data in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes. In principle we store and process your personal data as long as you use our Applications and for a reasonable time thereafter.

15. APPLICATION OF THIS POLICY

This Policy is of utmost importance at GameKraft. We familiarized all of our employees with this Policy, in particular those who have access to any personal data. Our employees and associates are obliged to follow the rules set forth in this Policy in order to protect your data and ensure that we process your data legally and in accordance with the values and fundamental principles indicated above.

16. PERSONAL DATA BREACH

When there is a breach of protection of your personal data, we would inform you if it can actually affect your rights, freedoms and privacy. In principle legal provisions require us to inform two entities in the event of the breach of personal data protection: the supervision authority and you.

At the same time, if your privacy and other rights are not threatened (the law directly indicates the following: the controller has implemented appropriate technical and organizational protection measures and these measures have been applied to the personal data being subject of the breach, in particular measures such as encryption, preventing unauthorized persons from receiving access
to these personal data, subsequently the controller applied measures eliminating the probability of high risk of violation of the rights or freedoms of the data subject) there is no need to worry and we do not have to inform you separately in accordance with the legal provisions.

If the notification of a data protection breach would involve a disproportionate effort, a public message or a similar measure shall be put in place by which the data subjects are informed in an equally effective manner about the breach. In the event of the breach of personal data protection, we will inform the supervisory authority promptly, unless it is unlikely that this violation would result in the risk of violating the rights or freedoms of individuals – this exception also results directly from the legal provisions.

Please note that the procedure pointed out above apply to the citizens of the EU only.

17. THE TEMPLATE ENABLING YOU TO EXERCISE YOUR RIGHTS

Please find below the template that you are advised to apply in contacts with us in order to exercise your rights related to the processing of personal data by us. You do not have to use it, but it would facilitate the process of handling and resolving your matter in a reliable and quick way. It is primarily designed for persons from the EU, yet it shall also be helpful for any other users of our Applications and services.

place: [___], date: [___]

Your identification and contact details: [___name, surname, address, telephone number, e-mail address___]

REQUEST/ STATEMENT OF A NATURAL PERSON

WHOSE PERSONAL DATA ARE PROCESSED

The following request applies to (please select at least one box or otherwise explicitly indicate which one applies to your request or statement):

ð the right to access your data and receive the copy of it;

ð the right to rectify (amend) own data;

ð the right to erase your data;

ð the right to limit data processing;

ð the right to object to the processing of data;

ð the right to transfer data;

ð the right to withdraw consent;

ð other.

Please indicate the desired method of communication (e-mail, traditional mail, personal contact): [___]

Please indicate whether you are a citizen of the European Union or you are using our Applications or services from the territory of the European Economic Area: [___]

Please indicate the exact content of your request. In particular, please indicate the specific personal data, which are covered by the request, and if possible – the circumstances in which
we obtained your consent or informed you about the processing of your data. This shall facilitate the process of handling the request and resolving your matter quickly: [___]

INFORMATION FOR PERSONS FROM THE EUROPEAN UNION

Information shall be provided in writing or otherwise, including, where appropriate, electronically. In case of explicit request of the data subject, the information shall be given orally, provided that the identity of the data subject is confirmed by other means. The controller shall refuse to request if the identification of the data subject is not possible. The controller without undue delay – and in any case within one month from receipt of the request – provides the data subject with the information on actions taken in conjunction with the request.
If necessary, this period may be extended by another two months due to the complex nature of the request or the number of requests. Within one month from the receipt of the request, the controller shall inform the data subject about such extension, stating the reasons for the delay.
If the data subject has forwarded his request electronically, if possible, the information is also transmitted electronically, unless the data subject requests the different form. If the controller fails to take action in relation to the request of the data subject, the controller shall immediately – no later than within one month from the receipt of the request – inform the data subject of the reasons for failure to take action and the possibility of lodging a complaint to the supervisory authority and to exercise available legal remedies before the court. Information provided by the controller as well as communication and actions taken in conjunction with handling requests are free of charge. If the data subjects’ requests are manifestly unjustified or excessive, in particular, because of their continuing nature, the controller shall charge a reasonable fee, including administrative costs of providing information, communication or undertaking specific actions, or refusing to take actions in relation to the request. If the controller has reasonable doubts regarding the identity of the natural person submitting the request, the additional information necessary to confirm the identity of the data subject shall be requested.

Application Terms of Service

*** END USER LICENSE AGREEMENT ***

IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.

LICENSE

By receiving, opening the file package, and/or using Application („Software”) containing this software, you agree that this End User User License Agreement (EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.

Unless you have a different license agreement signed by GameKraft Sp. z o.o. your use of Application indicates your acceptance of this license agreement and warranty.

Subject to the terms of this Agreement, GameKraft Sp. z o.o. grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Application in accordance with this Agreement and any other written agreement with GameKraft Sp. z o.o.. GameKraft Sp. z o.o. does not transfer the title of Application to you; the license granted to you is not a sale. This agreement is a binding legal agreement between GameKraft Sp. z o.o. and the purchasers or users of Application.

If you do not agree to be bound by this agreement, remove Application from your computer now and, if applicable, promptly return to GameKraft Sp. z o.o. by mail any copies of Application and related documentation and packaging in your possession.

DISTRIBUTION

Application and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of Application contact GameKraft Sp. z o.o..

USER AGREEMENT

3.1 Use

Your license to use Application is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Application.

3.2 Use Restrictions

You shall use Application in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Application together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.

Each licensed copy of Application may be used on one single computer location by one user. Use of Application means that you have loaded, installed, or run Application on a computer or similar device. If you install Application onto a multi-user platform, server or network, each and every individual user of Application must be licensed separately.

You may make one copy of Application for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of Application . The assignment, sublicense, networking, sale, or distribution of copies of Application are strictly forbidden without the prior written consent of GameKraft Sp. z o.o.. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of Application. If any person other than yourself uses Application registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!

3.3 Copyright Restriction

This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Application. Nor can you create any derivative works or other works that are based upon or derived from Application in whole or in part.

GameKraft Sp. z o.o.’s name, logo and graphics file that represents Application shall not be used in any way to promote products developed with Application . GameKraft Sp. z o.o. retains sole and exclusive ownership of all right, title and interest in and to Application and all Intellectual Property rights relating thereto.

Copyright law and international copyright treaty provisions protect all parts of Application, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for GameKraft Sp. z o.o..

3.4 Limitation of Responsibility

You will indemnify, hold harmless, and defend GameKraft Sp. z o.o. , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of GameKraft Sp. z o.o.’s Software.

In no event (including, without limitation, in the event of negligence) will GameKraft Sp. z o.o. , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Application or the use or inability to use Application or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.

GameKraft Sp. z o.o.’s entire liability, without exception, is limited to the customers’ reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by GameKraft Sp. z o.o. ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to GameKraft Sp. z o.o..

3.5 Warranties

Except as expressly stated in writing, GameKraft Sp. z o.o. makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.

3.6 Governing Law

This Agreement shall be governed by the law of the Poland applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Poland therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.

3.7 Termination

Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Application and destroy all copies of Application supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.

DISCLAIMER OF WARRANTY

THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD „AS IS” AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY Application AS WELL.

CONSENT OF USE OF DATA

You agree that GameKraft Sp. z o.o. may collect and process your personal data gathered as part of the product support services provided to you, if any, related to Application.GameKraft Sp. z o.o. may also use this information to provide notices to you which may be of use or interest to you. When you download the Application, your consent would be required should you wish to be provided with the notices.

For more information explaining how we collect, process, disclose, and safeguard your personal data when you use or visit our software applications as well as indicating our attitude towards your privacy protection please refer to PRIVACY POLICY for Mobile Applications by GameKraft Sp. z o.o..