Mistplay Privacy Policy for Mobile Games

Last updated: January 28, 2021

Please read the terms of this Privacy Policy (this “Policy” or these “Terms”) carefully. This Policy describes to users (“User,” or “Users,” or “you”) how Mistplay Inc.  (“Mistplay,” “we,” “us,” or “our”) collects, uses, discloses, or otherwise processes personal information when you use one of our published mobile games (“Games” or “Services”). The terms “personal data” and “personal information” may be used interchangeably to mean any information that is able to directly or indirectly identify you, which might differ slightly depending on the laws that apply where you are located.  Examples of personal data collected and processed can be found below, depending on the Services provided.

This Privacy Policy governs and details the main principles that Mistplay applies to the personal data we collect and process when you use our published mobile Games.

This policy provides you with details about exercising your rights. Be sure to return to this page periodically to review the most current version of the Privacy Policy. We reserve the right to change or otherwise modify the Privacy Policy. If we modify it, we will amend the “Last Updated” date and release an update for the Game on the Apple or Google App Store. Always review the Privacy Policy and Terms of Use whenever installing an update of the Game from the Apple or Google App Store since your continued usage of the Game will imply your continued consent for Mistplay to collect and process your personal data when you use our published mobile Games. You may also review our Privacy Policy at https://www.mistplay.com/mobile-games/privacy-policy.

For any questions or concerns regarding this policy or our data protection and privacy practices generally, please contact Mistplay Data Protection Officer at privacy@mistplay.com indicated in the contact section of this policy.

Information Collected

When you install and use Mistplay Inc. mobile Games, we can collect and process the following personal data:

  • device information, such as device IDs/advertising IDs (Apple IDFA or Google AAID) 
  • geolocation data, such as IP addresses 
  • technical device and connection information, type of connection and timestamps
  • information relating to your activity within our games, such as how and when you use our Games, as well as analytics on any errors you get in our Games
  • information relating to your interaction with the advertising served in our Games, such as the number of ads served 

Purpose of Collection

With respect to Mistplay Games, we will only collect your personal data as described in this Privacy Policy and will not use or otherwise process your information for any other purposes than the legal bases described below: 

  • to provide you with access to our mobile Games;
  • to help improve the delivery of our services, such as how users interact with our services and products;
  • to perform internal operations, including fraud prevention, troubleshooting bugs and operational problems, and for data analysis, testing and research
  • to serve personalized advertisements to users based on their interests.

Additionally, personal data may be used and disclosed to the extent Mistplay may deem reasonably necessary to enforce the terms of any agreement between you and Mistplay, or to protect the rights, property or safety of any person or entity, or if required by law, specifically in response to a demand from government authorities.

Sharing Information

We will not sell, rent, share, or disclose to outside parties the information we collect.  When you install the Game from the Apple or Google App Store, you are providing Mistplay with consent to the collection of data for the purposes listed above and the right to share the collected information with other parties as follows:

Ad Partners. Our agreements with ad partners allow us to monetize our ad inventory from our Games and provide users with free products and services. Generally, our ad partners will also collect data through their own means, such as through Software Development Kits (“SDK”). Our Ad Partners and their privacy policies can be found below:

Analytic & Attribution Companies: These companies provide us with tools that inform us of how users interact with our Services; this allows us to improve these Services to meet your expectations. Generally, analytic & attribution companies collect data via their own SDKs. Such analytic & attribution companies, as well as their privacy policies can be found below:

As requested by Authorities under applicable judicial orders, investigations, or the law.

OTHER IMPORTANT INFORMATION

Third Party Advertising

Mistplay Games may include third-party advertisements within our Games. Clicking, tapping on, or otherwise accessing these third-party ads within our Games will exit the Game and lead you to the third-party’s website, at which point we are not responsible for any personal data or information collected by the third-party advertiser related to their products or services. After exiting our Games and accessing the third-party websites or resources, you acknowledge that you are then governed by the privacy policy of the third party, and you assume all responsibility and risk arising from your use of any third-party websites or resources. Under no circumstances shall Mistplay be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary, or other damages whatsoever, that result from any Third-Party services or your contractual relationship with any Third-Party provider. These limitations shall apply even if Mistplay has been advised of the possibility of such damages.

Data Retention

We will only retain personal data for as long as you use the Games or for as long as it is required to meet the purposes for which it was collected, or as otherwise required by law. See the “Deletion of Collected Information” section below on how to request the deletion of your personal data after you uninstall the GAME. 

We may also retain personal data for an additional twelve (12) months after deletion for administrative or accounting purposes. Under some circumstances, we may anonymize or de-identify your personal information so that it can no longer be associated with you. We reserve the right to use such anonymous and de-identified data for any legitimate business purpose without further notice to you or your consent.

Deletion of Collected Information

We delete your personal information stored in physical form by shredding and personal information stored in electronic files by deleting all records of your personal data in an irrevocable manner. Please note that your continued use of the GAME will mean your consent to collect and process your personal data for the purpose outlined in the “Purpose of Collection” section. To request that your personal information be deleted and no longer processed, please uninstall the GAME, and make your request to “Personal Information Deletion Request” by writing to privacy@mistplay.com.

Right of Access to Collected Information

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes. By applicable law you have rights related to access and corrected of the personal information that we hold about you.

You may make a request to “Personal Information Privacy Request” by writing to privacy@mistplay.com. Upon receipt of such request, Mistplay will endeavor to provide you this information (in electronic readable format) within a reasonable time. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

We may request specific information from you to help us confirm your identity and your right to access, and to provide you with the personal information that we hold about you or make your request changes. Applicable law may allow or require us to refuse to provide you with access to some or all of the personal information that we hold about you, or we may have destroyed, erased or made your personal information anonymous in accordance with our record retention obligations and practices. If we cannot provide you with access to your personal information, we will inform you of the reasons why, subject to any legal or regulatory restrictions. 

We will provide access to your personal information, subject to exceptions set out in applicable privacy legislation. Examples of such exceptions include:

  • Information protected by solicitor-client privilege. 
  • Information that is part of a formal dispute resolution process.
  • Information that is about another individual that would reveal their personal information or confidential commercial information. 
  • Information that is prohibitively expensive to provide.

Children’s Privacy 

The Services are designed to comply with specific requirements relating to Children’s privacy, including thew Children’s Online Privacy Protection Act applicable in the United States (“COPPA”). COPPA requires that website operators or online services not knowingly collect personal information form anyone under the age of 13 without prior verifiable parental consent.


Our Games have a 13+ rating on the Apple and Google App Store. The installation of our Games to individuals aged 13 and above is restricted and controlled via your Apple or Google App Store user profile. In compliance with COPPA, we do not knowingly collect or retain information from our Services from children under the age of 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at privacy@mistplay.com.


Terms of Use

This Privacy Policy is incorporated into and forms part of our Terms of Use, which outlines the terms and conditions you agree to when playing our Games. You can always review the last updated version of the Terms at https://www.mistplay.com/mobile-games/terms-of-use.

Portability

Upon request, Mistplay will provide you with the personal data that you provided to us and, if possible, will communicate this information directly to another data controller of your choice in a portable format when the processing is based on consent or contract.

Promotional Communications

We will only send you promotional communications if we have your consent to do so. You may opt out of receiving promotional messages from us by following the instructions (unsubscribe mechanism) in those messages. If you opt out, we may still send you non-promotional communications, such as those about your account, about Services you have requested, or our ongoing business relations. 


Specific Rights for Resident of California, USA 

The California Consumer Privacy Act (CCPA) grants California consumers robust data privacy rights and control over their personal information, including the right to know, the right to delete, and the right to opt-out of the sale of personal information that businesses collect, as well as additional protections for minors. As a consumer, you have the right to request, twice a year and free of charge, certain information about parties to whom we have disclosed or sold your personal information in the prior calendar year and a description of the categories of personal information shared. Additionally, upon request, twice a year and free of charge, we shall provide to you any information relating to your personal information and our processing of your personal information in a concise, transparent, intelligible, and easily accessible form using clear and plain language. To make such a request, please send an email to privacy@mistplay.com and please include the phrase “Personal Information Privacy Request” in the subject line, the Service you are inquiring about, along with your name, address, and email address. You can also ask us to delete your personal data stored on our platform. 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, Mistplay 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.  The authorized agent must register with the California Secretary of State.  We will honor a request from an authorized agent provided you provide written authorization to the authorized agent to act on your behalf and we can verify your identity and the agent submits proof of authorization.

The following chart contains the categories of personal information, as enumerated in CCPA Sec. 1798.140(o), of personal information we may collect, use, and disclose, the sources of the personal information and our business and commercial uses of such personal information:

Category

 Name/Description

1. Sources

 2. Business Use

 3. Commercial Use

A

Identifiers – name, email, IP address, online identifier, Internet Protocol address

Collected on installation, customer service inquiries and claim forms 

Operational purposes including customer service; fraud & security incidence detection

None

B

Internet or similar network activity -browsing and search history, information on a consumer’s interaction with a website, application, or advertisement

System collected activity logs

To determine performance of media content and analytics purposes

None

C

 Geolocation data

 Country Identified using IP Address

 Recommend Games for Country

None

Mistplay has collected, will collect, and has disclosed the personal information described in the categories above during the last year for business purposes; however, we do not sell your personal information.  If you exercise your rights under the CCPA, Mistplay will not discriminate against you.

Contact Information and Challenging Compliance

We have procedures in place to receive and respond to complaints or inquiries about our handling of personal information, our compliance with this policy, and with applicable privacy laws. To discuss our compliance with this policy please contact our Data Privacy Officer at:

Data Privacy Officer

Mistplay inc.

481 Viger St, Suite 300, Montreal

Quebec, Canada H2Z 1G6

Or via email at privacy@mistplay.com addressed to Mistplay inc.