MISTPLAY USER PRIVACY NOTICE

Please read the terms of this Mistplay User Privacy Notice (this “Notice”) carefully. The Notice describes to users (“User”, “Users”, or “you”) how Mistplay Inc. (“Mistplay”, “we”, “us”, or “our”) doing business as Mistplay or 481 Studios, use data related to our websites, mobile applications, progressive web applications, content, features, digital events, referral programs, promotions or products we create or operate (the “Services”). This Notice is incorporated into and forms a part of Mistplay’s Global Terms of Use (the “Terms”). Where an Annex applies to you, the terms of the Annex shall control to the extent it is in conflict with or different from this Notice.

As used below, capitalized terms not defined in this Notice have the meaning given to them in the Terms. “Personal data” and “personal information” generally mean any information that directly or indirectly identifies you, which might vary slightly depending on applicable laws. Examples of personal data include: your name, email address, gender, age, and other information about you such as data about your device or how you use the Services.

This Notice does not apply to your use of any third-party developer’s game that you find and access through the Services or any LoyaltyPlay participating app (“Partner App”). The processing of your data by a Partner App or game developer (“Game Partners”) is governed by the respective Partner App’s or Game Partner’s privacy policy.

Information specific to the LoyaltyPlay service is included in Annex C.

1. INFORMATION WE COLLECT ABOUT YOU

Mistplay is the controller, within the meaning of applicable laws, with regard to the collection, processing and use of personal data in the context of the Services and as described in this Notice. This means Mistplay is responsible for deciding the purpose and the means of how your personal information will be used and processed. We collect information about you, which include:

• your name, age, gender, phone number, passwords, and email that you enter when you set up a Mistplay account, including information provided by third parties that you select during sign up (i.e. Facebook, Google, Kakao, LINE);
• information regarding your activity within Mistplay, including game installations, play time, participation in surveys, sweepstakes, tasks, and promotional offers;
• your device information such as device model, operating system, device ID, advertising identifiers, IP address, and device location;
• information related to the apps installed in your device;
• Session ID, information on how you access the Services (including frequency, what time, how long, and from which device(s), active users and intervals), your activity and engagement within the Services (such as in-app events, tasks, sweepstakes, leaderboards, surveys, ratings), your approximate and precise location or the country from which you are accessing the Services (“Usage Data”).
• data related to software or applications when you play and engage with games discovered in our Service, including the duration of your game play time (which may require you to change your device settings). To enable Mistplay to provide you with the Services, including the loyalty rewards program, you direct Mistplay to collect information about you from Game Partners, including your installation of a particular game, in-game purchase information and in-game advertising information, transaction types, events, actions, clicks, impressions, and use of virtual items, game achievements, statistics and information on bugs and malfunctions (“Gameplay Data”).

We specify the personal data we collect for each purpose of processing, together with their applicable legal basis, in Annex B Table for Legal Processing Activities to this Notice.

2. USE OF PERSONAL DATA

Mistplay may link or combine the personal data we collect through several methods, including but not limited to software integrations, tools, and proprietary machine learning algorithms or artificial intelligence (“AI”), so that we may provide you with a personalized experience. We generally use personal data to:

• provide, deliver, monitor and improve our Services (including customer support and respond to requests, complaints and feedback, troubleshoot software bugs and operational problems and to communicate with you according to your preferences), which requires us to track third party app installations (conversions) to award points, offer rewards to Users based on their active usage of Game Partner applications, and to enable gift card redemption. This includes meeting operational and business transaction requirements such as billing advertising clients, attribution of game installs, accounting, calculating Units earned in and otherwise enabling the Rewards Program and delivering prizes for leaderboards, sweepstakes and other promotions.
• personalize advertisements and promotions of games on the Mistplay platform (including personalize the Services for you with tailored suggestions of games, features and events through the Services, promote games available in your country, and provide you with loyalty rewards in accordance with your profile and tier status using the parameters further explained in Annex B Table for Legal Processing Activities).
• display your username and rewards or progress information to you and others on leaderboards and other community features within the Mistplay platform (including such display of your referred friends who have joined the Services on your referral leaderboards)
• offering participation in activities such as leaderboards, sweepstakes, promotions, and other digital events and determine winners.
• build the Mistplay community of users by marketing Mistplay’s Services on third-party platforms, including for targeted advertising of Mistplay on third party mobile applications and websites and for measurement and optimization of such marketing campaigns.
• fraud prevention, including the need to verify your digital identity to secure our platform and Services, including automated detection of fraudulent activities as further explained in Annex B.
• improve and develop new products and update features in our Services.
• create industry reports and develop insights about our business with aggregate data or in a format that is anonymized and cannot be used to re-identify Users.
• help train our machine learning and AI models to provide you with personalized content and user experience as well as for the purposes outlined in this Notice.
• abide by local law.

The legal basis for Mistplay processing your personal data as described in this Notice will typically include one or more of the following:

• performance of our agreement with you and our other Users, including to run and enable the Mistplay rewards program and provide customer support.
• meeting our legal and compliance obligations under applicable laws.
• our legitimate interest in, for example, monitoring, promoting and improving services we provide, securing the Services, assuring use of our Services in accordance with our Terms, business analysis, and developing new products and services.
• consent, when required by applicable laws, as further explained in the regional notices in Annex A.

For more information on the legal basis for specific processing activities, see Annex B.

3. HOW WE SHARE PERSONAL INFORMATION ABOUT YOU

Username; Leaderboard; Community Features. We may display your username, profile information, play progress and reward information, on community features and leaderboards visible to you or other Users on the Mistplay platform. Your username, play progression, and rewards progression may appear on your friend’s referral leaderboard if you joined Mistplay through your friend’s referral link. You acknowledge that you can opt out of any leaderboard or community features by contacting Mistplay customer service. You can change your username at any time by editing your profile in Mistplay. We recommend that you do not include your personal information in your username, which can be displayed to other Users.

Corporate Affiliates and Transaction Parties. We may share your personal data with our subsidiaries or affiliates under common corporate control for the purposes described in this Notice. We may also share your personal data with counterparties as part of corporate transactions such as mergers, sales of company assets, financings or acquisitions but only to the extent necessary to evaluate and complete such transactions and subject to applicable legal or contractual requirements.

Law Enforcement, Regulators and Other Parties for Legal and Security Reasons. We may disclose personal data when necessary to protect the legal rights of Mistplay, Users or third parties, in order to avoid fraud, manage our risks or comply with applicable laws, legal orders or processes. This includes exchanging information with the authorities and security companies which act on our behalf for these purposes. In these cases and where permitted by applicable laws, we disclose personal data to comply with legal obligations or to protect the legitimate interests of Mistplay or affected third parties, for example if we are obliged to cooperate with government authorities in the context of legal investigations.

When necessary, the categories of data disclosed to such third parties may include your identifiers, Internet or other similar network activity, inferences drawn from other personal information, approximate and precise geolocation data and sensitive personal information. Where required or permitted by law or regulation and reasonably practicable, we will attempt to notify you of such requirements.

Service Providers. We have agreements with various service providers to facilitate delivery of our Services, which include those we engage to give customer support, operate the technical infrastructure needed to provide the Services, assist in providing you rewards and protecting and securing our systems and Services, and to help market Mistplay Services.

• Advertising Platforms and Networks. We partner with certain providers, including but not limited to Google, Unity, and social media companies, to display, target, and suppress Mistplay advertisements on their or their partner sites (such as advertisements within games and other mobile apps). Such providers may conduct analytics in relation to advertisements and to manage our advertising on other sites. Personal information we disclose to these providers include device identifiers (e.g., Google Advertising Identifier), IP addresses, time and event data for certain actions (such as new game installation or in-game purchase made or game playtime milestone achieved). These providers use this information for marketing optimization, reporting, and analysis, and to prevent display of Mistplay advertisements to you and existing users, retarget inactive users, and reach new potentially interested users.
• Administrative Service Providers. Our administrative service providers, acting as data processors, may receive and process your personal information to support the Services, including to administer testing, process support requests, detect and prevent fraudulent activity, provide communications (such as email, push notifications and AI chats), and deliver surveys, sweepstakes, and events to engage with Users, subject to applicable law.
• Analytics Service Providers. We work with analytics service providers that act as data processors to help us analyze and understand the personal data about you and develop trends, patterns and insights to personalize your experience with Mistplay, curate your game selection, improve our Services, optimize sales and advertising, and create new products. These analytics providers, such as Appsflyer, also measure, verify, and analyze performance of our marketing campaigns.

Game Partners. The main purpose of the Mistplay loyalty program is to promote and advertise the games of our Game Partners in the Mistplay platform. In order to enable the loyalty program and reward you for your engagement, (a) we must allow tracking and collection of certain personal data by applicable Game Partners and their analytics providers, such as your game installs or survey answers, for purposes of reporting, attribution, and billing of the Game Partners; and (b) you direct Mistplay to collect Gameplay Data from Game Partners, including your in-game purchases and advertising views, in order for Mistplay to reward you, provide you with personalized content, market new games of interest to you, to develop our AI and algorithms for predictive modeling, grow our business and community of users, and for development of new products, features, and services. If you choose to access or install a game recommended through our Services, you acknowledge that Game Partner and its analytics partner will collect your personal data from Mistplay and employ tracking technologies as set forth below in Section 6.3 “Cookies and Other Tracking Technologies.”

Mistplay may also disclose aggregated information about Users along with information that does not and cannot identify any individual or device, except where limited by applicable laws. For example, we may use anonymized user ratings, review of apps and aggregated information for statistical and machine learning purposes, to provide insights into developing or enhancing Services, for marketing and advertising and for other legally permissible purposes such as testing our IT systems and features. For more information regarding the sharing of data with third parties please review the applicable sections below and notices within Annex A and Annex B.

4. HOW WE STORE, TRANSFER AND SECURE PERSONAL INFORMATION ABOUT YOU

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, or used in other jurisdictions, where some of our providers may be located. While we protect your information by choosing appropriate providers and having contractual safeguards in place with those vendors, 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.

If you are resident of a country in Europe, please see Annex A below for more information on international data transfers that are applicable to you.

5. EXERCISING OF YOUR RIGHTS

You can always update preferences 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 Units 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 certain European countries, Japan, Korea, Canada, and the states of California, Colorado, Connecticut, Delaware, Indiana, Iowa, Montana, Utah, Tennessee, Oregon, Tennessee, Texas, Utah, Illinois, and Virginia, please see Annex A 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. 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:

• The Right to Opt Out of Marketing Communications sent by Mistplay. This can be done also by clicking on the unsubscribe link in the marketing or promotion email you receive. Please note that if you opt out of receiving marketing or promotion messages from us, we may still send you important Service-related messages, from which you cannot opt out. You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of the Services.
• The Right to Withdraw Consent. Where you provided us with your consent, you may withdraw your consent to the collection and processing of personal data at any time by contacting us as directed below or by sending a written request to Privacy@Mistplay.Com. Upon receiving notice that you have revoked your consent, we will stop processing your personal data without undue delay. Withdrawing consent may impact your use of the Services, such as access to your account, certain events, and eligibility for earning rewards.
• The Right to Erase Your Personal Data or Delete Your account. By deleting your account, any Units that you have earned and not redeemed will be deleted. Please note that we will send you an email requesting your confirmation before we delete your account, and we may not be able to delete all data you requested, for instance to comply with applicable tax laws.
• The Right to Object to the Processing of Personal Data or Tracking Technologies. If we receive such a request, we will review your objection and delete personal data that we processed for the purpose to which you objected without undue delay, unless another legal basis for processing and retaining this data exists or applicable law requires us to retain the data. Please note that certain types of personal data processing is required to enable the Mistplay rewards program, and your opt-out of such processing may impact your ability to continue receiving rewards from Mistplay. Please note that certain processing of personal data is necessary for Mistplay to provide you with the Services, including personalized game ads, reward program, etc. Thus, if you object to some of them, we may not be able to provide you with such Services. You may elect to receive alternative services from Mistplay without the loyalty rewards program by signing up for the Mistplay game discovery email newsletter.
• The Right to Opt Out of Sharing Your Data with Advertisers of Mistplay’s Services. We provide your personal data, such as your device ID or Google advertising ID, to our advertisers in order to optimize our marketing of Mistplay services and prevent you from receiving Mistplay advertisements when you have already installed the Mistplay app. Depending on the jurisdiction, if you do not consent to this data sharing or if Mistplay receives an opt-out request from you, we will take steps to block sharing of your data for these purposes. As a result, you may receive Mistplay advertisements in other media channels even if you already have Mistplay installed in your device.
• The Right to Opt Out of Targeted Advertising and Content Personalization within Mistplay. In order for Mistplay to supply you with the loyalty rewards program where you can earn units towards redemption of a variety of gift cards, Mistplay must be able to provide you with personalized content, including in-app promotions and a curated mixlist of games that Mistplay is advertising to you on behalf of the Game Partners. The Mistplay platform provides you with personalized game recommendations based on a number of factors, including game availability in your jurisdiction, predictive modeling by our algorithms, your game install history, your Gameplay Data, and game preferences you may provide in user surveys. If you wish to opt out of targeted advertising and content personalization in the Mistplay app or you do not provide consent to such processing, then Mistplay will not be able to provide you with the loyalty rewards program. If you wish to continue to receive Mistplay game discovery services without targeted advertising and loyalty rewards, contact customer service as directed below in order to close your Mistplay app account. You may elect to receive alternative services from Mistplay without the loyalty rewards program by signing up for the Mistplay game discovery newsletter.

6. OTHER IMPORTANT INFORMATION

6.1 CHILDREN’S PRIVACY

In accordance with the Terms, you may not use the Service if you are under 18 years old. Mistplay 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.

6.2 DATA RETENTION

Mistplay 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. For example, any personal data derived from facial scans are stored by Mistplay for six months for purposes of preventing fraudulent activity.  Mistplay 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 destroy your personal information or store it separately if you do not interact with our Services for 5 years.

Note, if a User does not use the Services for at least one hundred eighty days, the User’s inactive account may be terminated, Units earned may automatically expire and personal data may be deleted.

You may also ask us to delete your account. By deleting your account, however, any Units that you have earned and not redeemed will be deleted. Otherwise, if we choose to maintain or use de-identified information (where permitted by applicable law), we continue to do so in a de-identified manner and will not attempt to re-identify you. To delete personal data held by Game Partners, please contact them as directed under the terms of the Game Partners privacy policy.

6.3 COOKIES AND OTHER TRACKING TECHNOLOGIES

Like most online services and mobile applications, we or 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. We use these technologies to secure and improve our Services, for attribution and billing our Game Partners, to understand your preferences, collect information about your activity, browser, and device, and to tailor our Services to your interests. We also use these technologies to collect information when you install games that were discovered from Mistplay, when you make in-game purchases or watch in-game advertisements, or when you engage or click on Mistplay ads in other digital media channels. Our Game Partners employ their mobile measurement partners to collect your information when you download games that you have discovered on Mistplay. These tracking technologies and the collection of Gameplay Data enable Mistplay to verify your task completion, calculate your loyalty rewards, and monitor against fraudulent behavior. As such, these are necessary tracking technologies for the operation of the Mistplay loyalty program. If not accepted, we may not be able to provide you with our Services.

For visitors of the Mistplay website, Mistplay may use cookies for tracking. A cookie is a small text file that allows us to remember your actions and preferences on the website (such as your login details, your language settings and your font size preference) over a period of time so you don't have to re-enter them whenever you come back to the website or browse from one page to another.

Some web browsers provide settings that allow you to control or reject cookies or to alert you when a cookie is placed on your computer. The procedure for managing cookies is slightly different for each internet browser. You can check the specific steps in your particular browser help menu. You also may be able to reset device identifiers or opt-out from having identifiers collected or processed by using the appropriate setting on your mobile device. Depending on your jurisdiction, we get your permission before we set certain cookies and other tracking technologies. For more information on how we use cookies and other tracking technologies, please review our Cookie Notice.

7. CONTACT US

If you have questions that do not relate to this Notice or data privacy, please write to our customer support team and Submit a Request. To exercise applicable data protection rights or comment about this Notice and our privacy practices, you may reach out to our data protection office at:

Data Privacy Officer
Mistplay, Inc.
Suite 200 - 1001 Blvd Robert-Bourassa, Montréal, QC H3B 0A7 or via email at Privacy@Mistplay.Com

ANNEX A: REGION-SPECIFIC NOTICES

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 Europe, United Kingdom, USA, and Canada are set forth below. Disclosures for residents of South Korea and Japan can be found at: https://www.mistplay.com/legal/privacy-centre.

EUROPE AND UNITED KINGDOM NOTICE

1. SPECIFIC RIGHTS FOR RESIDENTS OF THE EUROPEAN ECONOMIC AREA, SWITZERLAND AND THE UNITED KINGDOM (“EEA, SUI & UK”)

This Europe and United Kingdom Notice provides additional information for users located in the EEA, SUI and UK. Unless otherwise set forth in this Europe and United Kingdom Notice, all other terms and principles in Mistplay’s Global Privacy Notice continue to apply.

Users in the EEA and UK have certain privacy rights as specified under applicable law, including the General Data Protection Regulations (“GDPR”), SUI Article 13 of the Swiss Constitution and Federal Act on Data Protection (DPA) and UK Data Protection Act 2018. The Notice and the privacy controls we offer to all users are in line with these laws. As a resident of the EEA, SUI & UK, you also have certain specific rights regarding your personal data. You are free to exercise any of these rights by contacting us under the contact details in the Contact Us section of the Notice or as specified herein:

• Access. You have the right to know if your data is being processed and to request a copy of the personal data that we process about you. However, there are exceptions to this right, so that access may be denied if, for example, making the information available to you would adversely affect the rights and freedoms of another person, or if we are legally prevented from disclosing such information.
• Rectification. We aim to keep your personal data accurate and complete. We encourage you to keep us informed about changes that you would like reflected in our records. You have the right to request the rectification of inaccurate personal data and, taking into account the purposes of the processing, to complete your personal data.
• Restriction: You have the right to request a restriction of processing from us, provided that the legal requirements for restriction are met.. This includes situations where you have objected to the processing and we are in the process of verifying whether our legitimate grounds override yours.
• Data Portability. Provided further legal requirements are fulfilled, you have the right to request that your personal data is provided to you, or, where technically feasible, to have your personal data transmitted to another provider should you wish to stop using our Services in favor of another, in a structured, commonly used and machine-readable format.
• Erasure. You have the right to erase or request that we erase your personal data as far as legal requirements for erasure are fulfilled, such as when your personal data is no longer necessary for the purposes for which it was collected.
• Withdraw consent. Where we rely on your consent as the legal basis, you have the right to withdraw your consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
• Automated Decision-Making. You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you as far as further legal requirements are fulfilled.
• For France, you also have the right to provide guidelines relating to the retention, deletion and communication of your personal data after your death under the conditions set forth by Article 85 of the French Data Protection Act (Loi Informatique et Libertés).

Objecting. In certain circumstances, you have the right to object to processing of your personal data. You may ask us to block, erase or limit the use or other processing of your personal data. 

The specific further legal requirements for the exercise of these rights depend on the applicable statutory data protection laws. For your protection, we only fulfill requests for the personal data associated with the email address that you identify in your request, and we may need to verify your identity before fulfilling certain requests. See the Section entitled “EXERCISING OF YOUR RIGHTS” of the Notice for more information.

2. SUBMITTING COMPLAINTS

5. DATA COLLECTED FROM THIRD PARTY SOURCES

We collect the following personal data form the following third party sources:

SPECIFIC NOTICE FOR RESIDENTS OF THE UNITED STATES

1. ADDITIONAL DISCLOSURES FOR RESIDENTS OF CALIFORNIA, USA

SPECIFIC NOTICE FOR RESIDENTS OF CANADA

This addendum applies to the personal information of residents of Canada and supplements the other sections of the Notice.

1. HOW WE COLLECT YOUR INFORMATION

ANNEX B: TABLE FOR LEGAL PROCESSING ACTIVITIES