Mistplay, Inc. (“Developer”, “we”, “us” or “our”) owns and operates the ONPLAY application and services offered through the ONPLAY application (“Services”). This ONPLAY Privacy Notice (“Notice”) informs ONPLAY users (“Users”, “User” or “you”) how we collect, use, share, and protect the information we collect from or about you when you use the ONPLAY App (“ONPLAY”). “Personal data” and “personal information” generally mean any information that directly or indirectly identifies you, which might vary slightly depending on applicable laws. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our ONPLAY Terms of Service. This Notice is incorporated into and forms a part of the ONPLAY Terms of Use (the “Terms”).
By using or accessing the Services in any manner, you acknowledge and agree to the practices and policies outlined in this Privacy Notice. If you do not agree with our privacy practices, please stop using our ONPLAY App.
Please note, if you are younger than 18 or are located outside the United States of America, you are prohibited from registering for an ONPLAY user account.
If you are in one of the following States in the USA, please see Annex A: Region-Specific Notices: California, Colorado, Connecticut, Delaware, Illinois, Indiana, Iowa, Montana, Tennessee, Texas, Utah, and Virginia.
Be sure to return to this page periodically to review the most current version of the Notice. We may change or otherwise modify the Notice, such as to reflect changes in the Services. If we modify it, we will update the "Last Updated" date and will alert users that a change has occurred within the affected Services. Please do not use the Services if you do not accept the current Notice, including any addendums that apply to you in Annex A: Region-Specific Notices.
The information we collect from ONPLAY users varies depending on the activity you are performing and the permissions you have set on your device or operating system. Generally, we collect and process the following personal information about you when you install, sign up for, and use the ONPLAY App.
We have developed ONPLAY to allow our Users and Game Partners to engage more intentionally. To deliver Services to Users and to Game Partners we may link, combine, and analyze your personal data, including, for example, through software integrations and proprietary machine learning algorithms or artificial intelligence (“AI”). We generally use your personal data for the following purposes:
We are based in Canada, and we store information that we collect from your device on our Amazon Web Services servers located in the United States. The information that we collect may be transferred, stored, accessed or used in other jurisdictions, where some of our service providers or employees may be located. While we protect your information by choosing appropriate providers and having contractual safeguards in place, the privacy laws in such jurisdictions may not be as protective as in, for example, Canada, the UK or the EU.
We maintain administrative, organizational procedures, technical and physical safeguards, consistent with legal requirements where the personal data was obtained, designed to ensure the security and confidentiality against unlawful or unauthorized destruction, loss, alteration, use or disclosure of, or access to, the personal data we collect and process.
You can always update preferences by changing your device settings and exercise rights you may have under applicable data protection laws by contacting us as directed below. However, if you do choose to change preferences, opt-out or withdraw consent where it has been given, your experience with our Services may change, be diminished or your ability to use some of the features and options in our Services may be limited (such as access to Points and the Rewards Program described in our Terms). Please keep us informed if your personal data changes or should be corrected.
For a description of the specific rights with respect to your personal information that are provided to residents of the states of California, Colorado, Connecticut, Delaware, Indiana, Iowa, Montana, Utah, Tennessee, Oregon, Tennessee, Texas, Utah, Illinois, and Virginia, and any additional states that may be added to this list from time to time, please see Annex A below for Region-Specific Notices. We will handle your request in accordance with applicable laws, such as in relation to response time, verification of identity and content, and the manner in which we respond to the request. If we cannot fulfill your request, we will inform you of the reasons why, subject to any legal or regulatory restrictions.
Depending on your jurisdiction, your rights may include:
In accordance with the Terms, you may not use the Services if you are under 18 years old. ONPLAY is committed to complying with laws protecting children, within the meaning of applicable law. If you believe we might have any information from or about a child, please contact us here: ONPLAY Customer Support.
ONPLAY will only retain personal data for as long as is required by law, as long as you use the Services, or as long as is necessary to meet the purposes for which it was collected. ONPLAY account balances or Rewards earned as of termination must be preserved for some period to allow for such matters as billing and tax reporting. Specifically, we delete or fully anonymize your personal data if you do not interact with our Services for 5 years.
Note, if a User does not use the Services for one hundred eighty days, Points earned will expire and be forfeited. In addition, the User’s inactive account may be deactivated.
Like most online services and mobile applications, we and our Game Partners may use technologies, such as tracking links (embedded URLs), mobile measurement providers (e.g., AppsFlyer, Adjust, Singular, etc.), cookies, web beacons (also known as pixel, tags or clear gifs) or integrated software development kits (SDKs) in connection with our Services to secure and improve our Services, for attribution and billing our Game Partners, to understand your preferences, and collect Usage and Device Data used to deliver Services to you, prevent fraud and enforce our terms of use. We also use these technologies to collect information when you consent to and enable tracking in ONPLAY and Game Partner’s Game. This tracking information includes information relating to (i) advertisements for, content related to, or offers from Game Partner Games presented in ONPLAY, (ii) installation of Game Partner Game by clicking on content RELATED TO THE GAME PARTNER GAME displayed in ONPLAY, (iii) Gameplay Data relating to your use of Partner Games with installs attributed to the ONPLAY content or (iv) data relating to your interaction with ONPLAY content in other digital media channels.
Our Game Partners employ their own mobile measurement tools to collect your information when you download games in response to content displayed in ONPLAY. Among other things, these tracking technologies and the collection of Gameplay Data enable ONPLAY to send you relevant surveys and other content and offers at the right time, calculate the amount of Points earned, and monitor against fraudulent behavior. For example, in order for ONPLAY to send you a survey asking about your experience with a certain game’s tutorial, ONPLAY would need to know that you have completed that tutorial. If you do not choose to participate or do not provide consent to the foregoing data processing activities, we may not be able to accurately distribute Points or administer our optional Rewards Program. If you do not grant consent for tracking, or participate in our optional Rewards Program, you can still access the ONPLAY, create an account, access content related to Game Partner Games, and receive offers that can be managed without use of these tracking technologies.
If you have questions that do not relate to this Notice or data privacy or requests related to your privacy rights, you can submit requests for help to ONPLAY customer support here: ONPLAY Customer Support. To exercise applicable data protection rights or comment about this Notice and our privacy practices, you may submit a request using our Customer Support Form or you may sent a written notice to our offices at:
Mistplay Privacy Team
Mistplay, Inc.
481 Viger St, Suite 300, Montreal
Quebec, Canada, H2Z1G6 or via email at Privacy@Mistplay.Com
We may choose or be required by law to provide different or additional disclosures relating to the processing of personal data about residents of certain countries, regions or states. Disclosures for residents of certain states in the US are set forth below.
This section applies to the personal information of residents of California and supplements the other sections of ONPLAY’s Privacy Notice, which continue to apply.
Collection and Use of Personal Information: Where you provide consent, we will collect the following categories of personal information about you:
Category
Examples
Business Purpose
Identifiers
email, unique personal identifier, online identifier, IP address, device identifier, advertising identifiers, and account name
Operational purposes including customer service; fraud & security incident detection; website improvement; award prize winners; to deliver our Services to you, including advertisements and promotions of games; and to grow the ONPLAY community by marketing and advertising the Services.
Protected classification characteristics under California or federal law*
Age, gender, precise location data
Age and gender, to determine if you are an adult qualified to receive ONPLAY services.
Precise location data may be used to enforce terms, identify likely fraudulent users, and prevent fraud.
Internet or other similar network activity
Usage Data, and Gameplay Data
To prevent fraudulent activity, maintain and improve Services, personalize content and improve user experience, support delivery of optional Rewards Program, market and advertise ONPLAY Services, monitor and analyze usage and activity trends, train our machine learning and AI models, improve and develop new products, carry out surveys, and comply with demands from law enforcement when applicable.
Approximate geolocation data
Country, location
Used to identify and prevent fraud.
* Please note that we use and disclose information classified as sensitive sensitive personal information under California law only for purposes expressly permitted under California law.
Disclosure of Personal Information: We may disclose your personal information to third parties for the business purposes outlined in ONPLAY’s Privacy Notice and in the chart above. In the past 12 months, we may have disclosed your personal information for a business purpose or at your direction. For more details on third parties we share data with see the How We Share Personal Information About You section of this Notice.
In the preceding twelve (12) months and currently, we may have and may continue to share your personal information, or disclosed it for a business purpose, to the following Third Parties as defined by the California Consumer Privacy Act: advertising networks and platforms. Where you provide consent for us to track your activity, we may share this information to grow the ONPLAY community, optimize marketing of the ONPLAY Services, and to prevent you from receiving ONPLAY advertisements if you have already installed the ONPLAY app. Such information includes identifiers (mobile device or advertising identifier such as Apple’s IDFA), IP addresses, and event data and Internet or other similar activity (recording whether a game installation was made, an in-game purchase was made, or a game playtime milestone was achieved). Although we do not “sell” personal information in exchange for money, some of our sharing of personal information to optimize advertising and marketing of the Services (including to prevent you from receiving ONPLAY advertisements in other media channels) may be classified as a “sale” or “sharing” under applicable California laws. You may opt out of such “sale” or “sharing” by contacting customer service at ONPLAY Customer Support.
We do not knowingly sell or share the personal information of anyone in the state of California under the age of 16.
Retention of Your Data: ONPLAY will only retain personal data for as long as you use the Services, as required by law or for as long as it is required to meet the purposes for which it was collected. ONPLAY account balances or rewards earned as of termination must be preserved for some period to allow for such matters as billing and tax reporting. Note, under the Terms, if a User does not use the Service for at least one hundred eighty days, the user’s inactive account may be terminated, Points earned may automatically expire, subject to the Terms of Use and the User’s personal data may be destroyed.
Notice of Financial Incentive: Under California law, the Rewards Program enables you to earn Points and may be considered a financial incentive provided in exchange for the collection, processing, and retention of personal information. ONPLAY uses the information to better understand how you use our Services, to improve our products and Services, to optimize our marketing of the Services to grow the ONPLAY community, to enhance our user analytics, and to operate and fund the Rewards Program. By providing consent and enrolling in our Rewards Program, you acknowledge that the value of the Rewards Program to you is worth sharing your personal information with ONPLAY for the purposes described in this Privacy Notice. Note that participation in the Rewards Program is completely voluntary and you can withdraw at any time. For further details of the Rewards Programs and its terms, including how to withdraw or terminate your participation, please refer to Terms.
Your CCPA Rights: The California Consumer Privacy Act (CCPA) grants California consumers the following rights with respect to their personal information:
Exercising Your Rights:
You may opt out of sales and/or sharing or exercise your right to limit the use /disclosure of your sensitive personal information by submitting a request here: ONPLAY Customer Support. See the Section entitled “EXERCISING OF YOUR RIGHTS” of the Notice for more information.
You may submit requests to know, delete, or correct by contacting us as directed in the Notice here: ONPLAY Customer Support. If we receive a request to delete your data, we will ask you if you want your personal information to be removed entirely or if you want to be kept on a list of individuals who do not want to be contacted in the future (for a specified period or otherwise). We cannot keep a record of individuals whose personal information we have deleted so you may be contacted again by us, should we come into possession of your personal information at a later date. Requests to know and requests to delete will be honored within 45 days; if more time is needed to respond, we will notify you.
The CCPA enables California users to appoint an authorized agent to act on their behalf to submit disclosure requests and or deletion requests under the CCPA. We will honor a request from an authorized agent provided that: i) you provide written authorization to the authorized agent to act on your behalf and we can verify your identity and account, ii) the agent submits proof of authorization and is able to verify that they are acting with appropriate authority.
This section applies to the personal data of residents of Colorado, Connecticut, Delaware, Indiana, Iowa, Montana, Tennessee, Texas, Utah, and Virginia and supplements the other sections of this Notice.
For information on the categories of personal data that we collect, the purposes for which we process that personal data, and how we disclose that personal data, please refer to the Information We Collect About You, Use of Personal Data, and How We Share Personal Information About You sections above,. For additional information about the categories of personal information we collect and our purposes for doing so, please refer to the Collection and Use of Personal Information section in the Additional Disclosures for Residents of California notice above.
Where you grant your consent to tracking, we may share your information with third parties for purposes of marketing and advertising the Services and to grow the ONPLAY community. These disclosures may be considered “sales” or “targeted advertising” under applicable state privacy laws. For more information about the categories of personal data that we may sell to or share with third parties for such purposes, see the Disclosure of Personal Information subsection in the Additional Disclosures for Residents of California section above. You may opt out disclosure of your data to Advertising Partners and Networks for these purposes by contacting customer service here: ONPLAY Customer Support.
Depending on where you reside, and subject to certain exceptions, you may have the following rights with respect to your personal data:
You may exercise your opt out of rights by contacting ONPLAY Customer Support here: ONPLAY Customer Support.
You may submit requests to exercise your other rights as directed in the Notice. If we receive a request to delete your personal data, we will need to close your ONPLAY account to ensure we do not preserve data you have asked us to delete and which we are required to delete as a matter of law.
You may also have the right to appeal a refusal to take action on your request as directed in the Notice.
Depending on where you reside, you may also use an authorized agent to act on your behalf to submit requests to exercise your rights. We will honor a request from an authorized agent provided that: i) you provide written authorization to the authorized agent to act on your behalf and we can verify your identity, and ii) the agent submits adequate proof of authorization.