Introduction
Out of the Park Developments GmbH and/or its affiliates (“OOTP”, “we” or “us”) respect your rights and our obligations regarding your privacy and personal information, and we provide this Privacy Policy to help you understand how we collect, use, share, store, and disclose your information we obtain when you are using OOTP’s mobile games (“OOTP Games”) and related services, including, without limitation, the use of OOTP Games, participation in an online communities for OOTP Games or social network services offered via the HIVE Platform or OOTP branded websites (collectively, the “OOTP Service”).
THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND OOTP BY DOWNLADING AND/OR INSTALLING OOTP GAMES, ACCESSING AND/OR USING THE OOTP SERVICE AND/OR CREATING A HIVE ACCOUNT, YOU ACCEPT AND AGREE TO BE BOUND BY THIS PRIVACY POLICY.
OOTP may amend, at our discretion, any portion of this Privacy Policy at any time by posting or displaying the amended Privacy Policy within and/or on OOTP Games, OOTP branded website, or the HIVE Platform. You will be deemed to have accepted such amendments by continuing to use the OOTP Service.
Except as otherwise stated, any such amendments will be automatically effective after they are initially posted.
1. Information We May Collect
1.1 Information Collected by playing game
Any time you access the OOTP Service, we may collect your information as follows:
Device Information
To provide you with an access to any of OOTP Games and for your use of our OOTP Services pursuant to our Terms of Service, we must at least collect and process from all of you your device information including IP Address and unique mobile device ID (collectively, “Device Information”). We collect and process your Device Information because we have a legitimate business interest in providing the Services to you that do not override your interests, rights and freedoms to protect information about you. We use your Device Information to discharge our contractual obligations to you as a User of our Services.
Game Data
Our Service will also record game play information including, without limitation, your activities within the OOTP Games, high scores or game session duration, for the continuation of your game play. Any time you access the Service, we also collect aggregate information, including, without limitation, internet protocol addresses, your device’s operating system, browser type and browser language. We use the game play information and aggregate information to provide adequate services within the OOTP Services, better tailor the OOTP Service to your interests, to provide you more efficient customer support, and to overall enhance the OOTP Services. We collect and process your game play information because we have a legitimate business interest in providing the OOTP Services to you that do not override your interests, rights and freedoms to protect information about you.
Usage Data through Automated Means
When you access and/or use any of the OOTP Services, we may also collect your usage statistics about your interactions with the OOTP Services. Such usage data is collected through the use of server log files and/or automated means. We and our marketing partners and analytics service providers use technologies may use “cookies” and other technologies such as pixel tags and web beacons, clear GIFs on certain our Services, Games, advertising and web pages to analyze your use of our Services, games, advertising and web pages, to customize, improve the same, to measure promotional effectiveness, and to promote trust and safety. We collect and process your usage data because we have a legitimate business interest in providing the OOTP Services to you that do not override your interests, rights and freedoms to protect information about you. You are always free to decline our cookies if your browser or device permits, although doing so may interfere with your use of some of the OOTP Services, OOTP Games, advertising and web pages. Please note that certain features of the OOTP Services, OOTP Games, advertising and web pages will not be available once cookies are declined.
OOTP uses the game play information and aggregate information to better tailor the OOTP Service to your interests, to provide you more efficient customer support, and to overall enhance the OOTP Service.
1.2. Information related to Perfect Team mode
When you sign up to use the Perfect Team game mode, we may collect the following information you provide to us directly through Gamesparks:
– Account Name
– Password
– E-Mail address
– IP
– Location
– OOTP games owned
– All Requests to and from Gamesparks servers
– Challenge Mode Data (Achievements, Played Seasons)
– Perfect Team Data
Team Name
Team Logo
Team Actions per Day (Team Export, Create Auction, etc)
– Purchase Orders Data
Steam: Steam ID, Account Status, Transaction ID, Country, Currency
Fastspring: Order ID, Reference ID
Mac App Store: Transaction ID, Receipt
App Store: Transaction ID, Receipt, Hive Player ID, Hive Device ID, Hive Transaction ID
Google Play Store: Purchase Token, Order ID, Hive Player ID, Hive Device ID, Hive Transaction ID
1.3 Information provided by third parties (HIVE member)
If you play OOTP game with a HIVE account, we may collect your personal information from Gamevil Com2uS Platform Inc. In this case, we request a separate consent from you to provide personal information related to the HIVE account.
2. How We Use the Information We Collect
OOTP may use the information we collect through your use of the OOTP Service for providing enhanced game services and promotional information regarding OOTP Games.
For example, we may use the information we collect in any of the following ways:
o Creating your Game Account and managing the account information;
o Informing you of (a) products, new products, services, features, promotions, enhancements, and updates regarding the OOTP Service and (b) updates to the OOTP Policy;
o Promoting and facilitating your use of the OOTP Service, including the targeted advertising and affiliate marketing;
o Marketing OOTP Games to you, including sending you offers, promotion information, newsletters, local or push notifications, e-mail campaigns, and communications regarding new, improved or existing OOTP Games;
o Providing customer support and responding to user inquiries;
o Fulfilling your request and/or order for OOTP Games and our obligations under the OOTP Policy;
o Enabling user-to-user communication and interaction;
o Helping users find their friends who have also created a HIVE Account;
o Soliciting your input and feedback to improve user experience;
o Monitoring the technical functioning of the OOTP Service;
o Developing new and/or improved games, products, services or offerings;
o Analyzing market trends and user traffic;
o Trouble-shooting errors or issues with any of the OOTP Service; and
o Complying with applicable laws, regulations, or administrative orders.
Also, OOTP may combine your information in an attempt to provide you with a better user experience, to improve the quality and value of the OOTP Service and to analyze how the OOTP Service is used.
3. Sharing of Your Information
We may share your information with certain third parties in the following circumstances:
We may provide your information with third party companies that perform services on our behalf, including, without limitation, operation of the HIVE platform, data analysis, marketing services, promotional events, e-mail campaigns, hosting services, and customer service or support. Such third party companies may access your personal information, but are required to use it solely as directed by us for performing requested services.
3.1 Business Partners
In conjunction with the running of OOTP Games via the HIVE Platform, we are partnering with Gamevil Com2uS Platform Inc. (collectively, “Business Partners”) in order to:
(a) assist us in providing maintenance services of the HIVE Platform and enhancing user convenience of the HIVE Platform;
(b) enable you to receive from Business Partners any information, newsletter or notification regarding games provided via the HIVE Platform; and
(c) enable to participate in any promotional event or campaign of such games arranged by Business Partners.
We may share with Business Partners the information you provide about yourself including (a) any technical and usage information we collect, and/or (b) game play information, to the extent that such disclosure may serve the above-mentioned purposes and/or facilitate your use of the HIVE Platform service.
We will take commercially reasonable efforts to ensure that Business Partners use your information shared by us in compliance with any applicable laws or regulations and solely for the above-mentioned purposes.
If you wish to no longer have your personal information used by the Business Partners for their marketing purposes you may contact us at [email protected] and we will facilitate your request to Business Partners.
3.2 Affiliate Marketing
We may share your information with third party companies for affiliate marketing associated with the promotion of OOTP Games if such disclosure is reasonably necessary to conduct, administer, or fulfill such a marketing activity. We will take commercially reasonable efforts to ensure that such third party companies use your information shared by us in compliance with any applicable laws or regulation and solely for the above-mentioned purposes.
If you wish to no longer have your personal information used by third party companies for their market purposes, you may contact us at [email protected] and we will facilitate your request to the Business Partners.
3.3 Advertising of Third Party Products/Services
We will not actively share personal information with third party advertisers for their direct marketing purposes unless we obtain your consent. We may share (a) aggregated information (information about you and other OOTP users collectively, but not specifically identifiable to you); (b) anonymous information; and (c) certain technical information (including IP Addresses, MAC Addresses for mobile devices and mobile device IDs) to develop and deliver targeted advertising in the third party advertiser’s website or application. We may also allow advertisers to collect these and similar types of information within the OOTP Service and they may share it with us and/or use it for advertising. Advertisers may collect this information through the use of a variety of tracking technologies, including without limitation, browser cookies and web beacons.
The information collected may be used to offer you targeted ad-selection and delivery in order to personalize your user experience by ensuring that advertisements for products and services you see will appeal to you, a practice known as behavioral advertising, and to undertake web analytics (i.e. to analyze traffic and other end user activity to improve your experience).
3.4 Safety, Security and Compliance with Law
We may disclose your information to certain third parties if we reasonably believe that:
(a) we are required to disclose the information in response to legal process (e.g., a court order, search warrant or subpoena);
(b) we are required to satisfy any applicable laws, regulations, or administrative orders;
(c) there is an emergency that poses a threat to the safety condition of you, another person, or general public; and
(d) such disclosure is reasonably necessary to protect the rights or property of OOTP.
3.5 Sale or Merger
In the event that OOTP undergoes a business transition, such as a merger, acquisition by another company, or sale of all or the substantiation portion of its assets, we may transfer all of your information you have provided, including personal information, to the successor organization in such transition if permitted by and done in accordance with any applicable law.
If material changes to OOTP privacy practices will occur as a result of the business transition, we will notify you the business transition prior to transferring your personal information.
4. Retaining and Deleting Your Information
4.1. We retain your information only for the period of time as necessary to achieve the particular purpose for which the information was processed.
Notwithstanding, we may retain your information insofar as such information will be processed solely for archiving purpose in the compliance with our legal obligation, public interest, scientific or historical research purposes or statistical purposes, subject to appropriate safeguards, in accordance with the data protection laws, for your rights and freedoms. Note that in some circumstances, you have the right to request us to delete the information. The appropriate safeguards shall ensure that technical and organizational measures are in place to ensure respect for the principle of data minimization.
4.2. Information We Receive From SNS
To manage the information OOTP receives about you from an SNS, you should change your privacy settings on the SNS in accordance with any applicable policy of the SNS
4.3. Profile Information
You may change or update the Profile Information by logging into your HIVE Account.
4.4. Deleting Account
If you choose to terminate or delete your HIVE Account, we will immediately delete your HIVE Account information. Even after your Account is terminated or deleted some or all of your information may still remain visible to others, including but not limited to any information that has been incorporated into any User Contents or copied, stored or disseminated by you or other users.
5. User’s right
The users or their legal representatives, as main agents of the information, may exercise the following rights regarding the collection, use and sharing of personal information by OOTP:
(a) exercise right to access to personal information;
(b) make corrections or deletion;
(c) make restriction or temporary suspension of treatment of personal information;
(d) object to processing for particular purposes;
(e) request data portability in a certain circumstance;
(f) exercise right to complain to a supervisory authority; or
(g) request the withdrawal of their consent provided before
If, in order to exercise the above rights, you, as an user, contact us by sending an e-mails (or person in charge of management of personal information or a deputy), OOTP will take measures without delay, provided that we may reject the request of you only to the extent that there exists either proper cause as prescribed in the laws or equivalent cause.
6. Links
The OOTP Service may contain links to other websites. The fact that the OOTP Service links to a website or presents a banner ad or other type of advertisement does not mean that OOTP endorses or authorizes that third party, nor is it a representation of our affiliation with that third party. OOTP is in no way responsible for the privacy policies of these other websites to which you choose to access from the OOTP Service. It is your responsibility to read the privacy policies of these other websites when exiting the OOTP Service.
7. Security of Your Information
OOTP takes commercially reasonable security measures to protect against unauthorized access to, or unauthorized alteration, disclosure or destruction of, sensitive data that you share and we collect and store.
Despite our efforts to enhance a security level of the OOTP Service, we cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur.
We strongly encourage you not to share your account password with any third parties for any reasons. Also please note that email and messaging systems are not considered secure, so we discourage you from sending us personal information through these mediums. If you have questions regarding the security measures of the OOTP Service, please contact us at [email protected]
8. Our Policy Concerning Children
In the United States and other countries except the European Economic Area, we do not knowingly collect any personal information from children under the age of 13. Children under the age of 13 should not use the OOTP Service at any time. If we learn that we have inadvertently gathered personal information from such children, we will take reasonable measures to promptly erase such information from our records.
In the European Economic Area, children under the age of 16 can only use our game services with a valid consent from their legal representative (e.g. parents). We make reasonable efforts to verify if consent from or any kind of contract concluded with such children is valid by offering users age verification methods and by obtaining clear consent from children’s legal representatives. If we learn that we have inadvertently gathered personal data from such children, we will take reasonable measures to promptly erase such information from our records. If children under 16 or their legal representative ask us to cease processing or profiling of the child’s personal data for the purposes of direct marketing, we will immediately do so.
9. Your California Privacy Rights
If the user resides in California, certain rights may be given. The Company prepare preventive measures necessary for protecting personal information of members so that we can comply with online privacy protection laws of California.
In case of leakage of personal information, an user may request OOTP to check the leakage. In addition, all the users can modify their information at any time by using the menu for changing information by connecting their personal account.
Moreover, OOTP does not trace the visitors of its website nor use any signals for ‘tracing prevent’. OOTP will not collect and provide any personal identification information through ad services without consent of users.
We do not sell your personal information.
10. DPO
OOTP designates the following Data Protection Officer (DPO) in order to protect personal information of customers and deal with complaints from customers.
Kirk Dettmann
Out of the Park Developments GmbH
c/o COM2US Europe GmbH
Torstrasse 33-35
10119 Berlin, Germany
Tel.: +49 30 555 796 120
E-mail: [email protected]
11. Questions
If you have any questions regarding our Privacy Policy and/or practices, please feel free to contact us by sending an email to [email protected].