ISSUED BY KONG SOFTWARE., JSC
Last Updated: 19 August 2024
1. INTRODUCTION AND GENERAL TERMS
These terms apply to the use of games and other products developed by Kong Software., JSC (‘KSW’ / ‘we’ / ‘us’). Our registered office is at 63 Tran Dang Ninh Street, Ung Hoa District, Hanoi. We are a company registered in Vietnam, with company number +84796138688.
This privacy and data policy (“Privacy Policy”) applies and has effect with respect to all games, related online services (including online network play connectivity and interactivity), and other software and products made available by us (together with the "Game(s)"), as well as any other online features relating to the Games including our website (the “Website”), our online page (the “Page”) and User Support Centre (the “Support Centre"). Together the Game(s), the Website, the Pages, and the Support Centre are referred to as the “Online Services”.
If you have any questions or comments about this Privacy Policy, please contact us at games@kongsoftware.com
We are committed to protecting and respecting your privacy. The Privacy Policy explains the basis on which personal information we collect from you will be processed by us or on our behalf. When we decide the purpose or means for which personal data you supply through these Online Services is processed, we are the “controller”. We will comply with all applicable data protection laws, including the General Data Protection Regulation 2016/679 and the California Consumer Privacy Act 2018 (“CCPA”).
Please read this Privacy Policy carefully as it contains important information about the following:
This Privacy Policy forms a part of and should be read in conjunction with our terms of use. These are linked below:
The Online Services may contain hyperlinks to services owned and operated by third parties. These third-party services may have their privacy policies and we recommend that you review them. They will govern the use of personal information that you submit or which is collected by cookies and other tracking technologies whilst using these services. We do not accept any responsibility or liability for the privacy practices of such third-party services and your use of these is at your own risk.
We may make changes to this Privacy Policy in the future, which will be posted on this page. You should check this page from time to time to ensure you are aware of any changes. Where appropriate we may notify you of changes through the Games.
2. INFORMATION WE MAY COLLECT ABOUT YOU
We collect and process the following information which may include your personal data.
a) Information provided by you when using the Games
(“Basic Information”)
We will collect the following information from you when you play our Games:
c) Information used for the purposes of serving advertisements
(“Advertising Data”)
Through our third-party advertising network partners, we may gather information about your devices when you install or play our Games, depending on the permissions you’ve granted. This may include:
d) Information collected for the purposes of providing analytics
(“Analytics”)
We may collect technical information about your use of the Online Services through the use of tracking technologies and analytics.
Personal data we may collect includes the following:
For the small number of users that continue to play some of our legacy games which are no longer available for sale, the management of the Analytics is provided by Amazon Pinpoint, part of Amazon Web Services. If you would like to find out more about the way Amazon Web Services collects and processes this information this is likely to be set out in their privacy policies and/or terms and conditions. Please refer to https://aws.amazon.com/legal/
e) Information about you collected from third parties
(“third-party Log In Information”)
When you access the Games via a third-party social media provider such as Facebook, we may collect and store personal and non-personal information which is available on that third-party social media provider, such as your Facebook name, your profile picture or its URL, your Facebook ID and other public data of your friends, provided that you have expressly agreed to the use of Facebook within the Games. We will also receive technical data in order to ensure the Games connect to the correct Facebook account.
f) Content created by our users which we host and display on the Pages and in the Support Centre
(“User Content”)
When users submit their own User Content to the Pages or Support Centre, this content may contain personal and non-personal information. This could include information in or about the User Content, such as the location of a photo or the date a file was created, or anything else a user decides to communicate using these parts of our Online Services.
3. COOKIES
The collection of this information may include the use of cookies and similar technologies (for example, which are used on the Website). A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. Cookies are widely used in order to make websites work, to provide functionality, to make them more efficient and to provide website owners with information about how the website is being used and who's using it. We use a limited number of cookies on our website.
Most web browsers allow you to control cookies through your browser settings. To find out more about cookies generally and how to manage or delete them, you can visit here
Find out how to manage cookies on popular browsers:
Google Chrome (here)
Microsoft Edge (here)
Mozilla Firefox (here)
Microsoft Internet Explorer (here)
Opera (here)
Apple Safari (here)
To find information relating to other browsers, visit the browser developer's website.
4. WHY WE COLLECT INFORMATION ABOUT YOU
a) To provide our Online Services to you
We will use information about you (including Basic Information, third-party Log In Information, Analytics, and User Content) to deliver our Games to you under the terms of use agreed between us. The processing of information in this way is necessary for us to record your progress and current status within a Game, and to ensure the Games deliver the features promised and function properly so that you have the best experience when playing any one of our Games.
We will use information about you (including your Contact Information, User Content, and third-party Log In Information) to provide you with the Pages under the terms of use agreed between us. The processing of information in this way is necessary for us to provide you with the Pages’ functionality and to ensure that you have the best experience when using the Pages.
In relation to certain Games, we will use your Gameplay Statistics to enable you to: (i) access certain statistics and information relating to your gameplay performance and the gameplay performance of other users; and (ii) share statistics and information relating to your gameplay performance with other users (the “Gameplay Statistics Service”). The processing of information in this way is necessary for us to provide you with the Gameplay Statistics Service in accordance with the terms of use agreed between us.
b) To help us improve the Online Services and fix any problems
We may process information about you (including Basic Information, User Content, and Analytics) so that we can analyze and improve our Online Services.
This processing is also necessary for us to pursue our legitimate interests of (i) ensuring that our Online Services function properly so that you and other users have the best experience when playing any of our Game(s) and using the other Online Services; (ii) improving the quality of our Online Services, and providing a better experience to our users; (iii) identifying and correcting any bugs in the Online Services; and iv) understanding the effectiveness of our marketing to attract new users and re-engage our current users at an aggregated level.
c) To respond to your inquiries and requests for support
We may process Contact Information and Analytics so that we are able to properly respond to your inquiries and support requests either via the Support Centre or Pages or through games@kongsoftware.com
d) To acquire new users
We use various forms of marketing to acquire new users, working with a variety of third-party user acquisition partners to deliver our marketing campaigns on external websites and apps. As part of this, we may process your Basic Information, Analytics, and Advertising Data to pursue our legitimate interest in offering you relevant marketing and acquiring new users for our Games. Your Advertiser ID and Analytics may be shared with our 3rd party marketing analytics partner called ‘AppsFlyer’ and with our 3rd party user acquisition partners to improve our marketing effectiveness.
AppsFlyer and our user acquisition partners may collect analytics and advertising data on our behalf and in accordance with our instructions, and its applicable privacy notice.
We work with the following approved third-party User Acquisition partners:
If you would like to find out more about the way these third parties collect and process your information please refer to their respective privacy policies and/or terms and conditions by clicking on the links provided above.
If you would like to find out more about the way AppsFlyer collects and processes this information this is likely to be set out in their privacy policies and/or terms and conditions. Please refer to (https://www.AppsFlyer.com/legal/site-terms/) and (https://www.AppsFlyer.com/legal/privacy-policy/).
e) To improve the monetization of the Games via in-app purchases
We may process information (including Basic Information, User Content, Advertising Data, and Analytics) to understand how users use our Games, and to compile statistical reports regarding that activity, as well as understanding how users progress, and their current status within a Game. This processing is necessary for us to pursue our legitimate interests of improving the Games and increasing the amount of revenue generated via in-app purchases. This may include segmenting and analyzing users according to various relevant factors, such as geography, gameplay progression, and playing behavior so that we can offer personalized and temporary promotional discounts and offers.
We do not segment users who have confirmed to us as under the age of 16.
f) For advertising purposes
We may process Advertising Data to show you advertisements for third-party services; including advertising that may reward you with benefits during your use of the Games.
The information we collect about you may be used to understand how advertisements placed in our Games have performed or how many people have viewed certain advertisements. We aggregate this information so that it does not personally identify you or permit you to be treated individually.
We may also use this information to reward users with benefits that can be used for further enjoyment of the Games from the viewing of certain advertising placed in our Games.
We will not pass or process your information for the purposes of marketing by third parties unless you give your consent should we ask for it. After you have given your consent, you may withdraw it at any time.
We may use the information we collect about you to serve you targeted advertisements in our Games. We do this to provide you with more relevant advertising content. We work with the following third-party advertising networks :
If you would like to find out more about the way these third parties collect and process your information please refer to their respective privacy policies and/or terms and conditions by clicking on the links provided above.
g) To prevent fraud and illegal activity
We process personal data for our legitimate interests of ensuring that any use of the Online Services is lawful and non-fraudulent, does not disrupt the operation of our services, does not harass our staff or other individuals, to enforce our legal rights and also in order to comply with our legal obligations.
Where we reasonably believe that you are or may be in breach of any applicable laws or our terms of use, we may use your personal information to inform relevant third parties such as your law enforcement agencies about the content.
We reserve the right to disclose your identity to any third party who is claiming that any User Content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy. You may not copy, download, or embed any User Content without the express written permission of the content owner. You may not use any User Content for any commercial purposes, or any public performances.
We work with Apple and Google to assist us with fraud prevention and the detection of any illegal activity (e.g. to verify in-app purchases made through iTunes and Google Play).
5. DATA SHARING
We will share your information with third parties only in the ways that are described in this Privacy Policy
Other users: In relation to certain Games, we may disclose your Gameplay Statistics to other users of the Game in order to provide the Gameplay Statistics Service, which allows users to access certain statistics and information relating to their own gameplay performance, as well as the gameplay performance of other users.
Group members, personnel, suppliers, or subcontractors: We keep your information confidential, but may disclose it to any member of our group (which means our subsidiaries, our ultimate holding company, and its subsidiaries, as defined in section 1159 of the Companies Act 2006), our personnel, suppliers or subcontractors insofar as it is reasonably necessary for the purposes set out in this Privacy Policy. However, this is on the basis that they do not make independent use of the information, and have agreed to safeguard it.
Merger or acquisition: If we are involved in a merger, acquisition, or sale of all or a portion of its assets, any third party to which we sell or transfer our assets to will have the right to continue to use the personal and other information that you provide us in the manner set out in this Privacy Policy.
Required by law: In addition, we may disclose your information to the extent that we are required to do so by law (which may include to government bodies and law enforcement agencies); in connection with any legal proceedings or prospective legal proceedings; and in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention).
Enforcement: We may also disclose your personal information to third parties in order to enforce or apply the terms of agreements, to investigate potential breaches, or to protect the rights, property, or safety of KSW, our customers, or others.
Digital Content Stores: Where the Games are downloaded through Google Play, iTunes, and/or Amazon Appstore, we may disclose your personal information to Google, Apple, and/or Amazon respectively for the purposes of facilitating any in-game payments made through these platforms.
Marketing Analytics & User Acquisition Partners: We may share your Advertiser ID and Analytics to our marketing analytics partner ‘AppsFlyer’ and our approved User Acquisition partners for the purpose of understanding and improving our marketing effectiveness. However, we do not share to our User Acquisition partners for this purpose any data for users who have confirmed as under the age of 16 or who have not allowed tracking on their devices.
Diagnostics, Crash, and Error monitoring: We may share your Basic Information and Analytics with Google Firebase for the purposes of understanding where and how crashes and errors occur. All information held on Firebase for this purpose is deleted after 90 days. Please refer to https://firebase.google.com/support/privacy if you would like to find out more about the way Firebase processes your information.
Support Centre: We manage any support requests, queries, and issues raised by users via the Support Centre or sent to games@kongsoftware.com.
6. AUTOMATED DECISION MAKING
We use automated decision-making methods that do not involve human involvement to process your information only in the ways that are described in this Privacy Policy
We process your personal information via automated decision-making methods in order to identify users who are suspected of cheating in the Games. Our automated decision-making methods are designed to detect cheating by looking out for (i) excessive currency stores against actual completed gameplay; and (ii) excessive content against actual purchases made and completed gameplay.
If users are determined to be or suspected of cheating the following actions may be taken which will be unknown to the user:
We may block users from the Games and/or the Online Services who are determined to be cheating following an automated decision process. In this scenario, the user will be notified of the outcome and will have the right to obtain human intervention to express his or her point of view and to contest the decision to block access to the Games and/or the Online Services.
7. CONSUMER CONTROL AND OPT-OUT OPTIONS
You can opt-out of targeted advertising or receive personalized notifications by changing the Privacy settings on your device or by changing the relevant Options settings as offered directly in our Games. By opting out of targeted advertising, your Advertiser ID cannot be shared.
You can opt-out of personalized promotions by changing the relevant Options setting offered directly in the Games.
You can opt-out of analytics performed by AppsFlyer here.
8. YOUR RIGHTS IN RELATION TO PERSONAL DATA THAT WE PROCESS RELATING TO YOU
You have the following rights over the way we process personal data relating to you, as set out in the table below. We aim to comply without undue delay and within one month at the latest.
To make a request, please let our Data Protection Officer know by sending an email to games@kongsoftware.com.
a) Ask for a copy of data we are processing about you and have inaccuracies corrected
You have the right to request a copy of the personal information we hold about you and to have any inaccuracies corrected.
We will use reasonable efforts to the extent required by law to supply, correct, or delete personal information held about you on our files (and with any third parties to whom it has been disclosed).
b) Object to us processing data about you
You can ask us to restrict, stop processing, or to delete your personal data if:
c) Obtain a machine-readable copy of your personal data, which you can use with another service provider
d) Make a complaint to a Supervisory Authority
9. DATA RETENTION
We will hold your personal information on our systems for as long as is necessary for the relevant service, or as otherwise described in this Privacy Policy.
10. CHILDREN
We do not use our Online Services to knowingly solicit information from or market to children under the age of 13. Our terms of use prohibit users aged under 13 years from accessing our Online Services. In the event that we learn that we have collected personal information from a child under 13 years of age, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13 years of age please contact us at games@kongsoftware.com
11. SECURITY
We will take all reasonable technical and organizational precautions to prevent the loss misuse or alteration of your personal information. For example, our databases are password-protected and limited to essential employees only (such as KSW management or employees whose main role requires system access).
Please be aware that, although we endeavor to provide reasonable security for the information we process and maintain, no security system can prevent all potential security breaches.
12. INTERNATIONAL DATA TRANSFERS
Where you make in-game purchases via iTunes or Google’s Play store, the confirmation that your purchase is valid as required by Apple or Google for such purchases will be processed using servers hosted in Singapore in the event that there is a problem with the servers hosted in Ireland. The servers we use for this purpose are hosted by Amazon Web Services.
Basic Information used for Matchmaking services, where users may play against other users, may be processed using servers based in Singapore or the US in addition to Ireland and Germany, reflecting the global player base of the Games. The servers we use for this purpose are hosted by Amazon Web Services.
It is possible that your personal information may be transferred outside of the EEA by Ad Networks, AppsFlyer. We recommend that you refer to the privacy policies and/or terms and conditions of these third parties if you are concerned about your data being transferred outside the EEA.
Where we transfer your information outside of the EEA, we have agreements in place with those parties which include standard data protection clauses adopted by a data protection regulator and approved by the European Commission to ensure that appropriate safeguards are in place to protect your personal data. If you would like to find out more about these safeguards, please let us know by writing to games@kongsoftware.com
13. CALIFORNIA RESIDENTS & CCPA
If you are a California resident, as defined in Section 17014 of Title 18 of the California Code of Regulations, you have certain rights in respect of the personal information we hold about you.
If you have questions or concerns about our privacy policies and practices, please contact us at the details set out at the end of this Policy.
Please see above for:
the date on which this Policy was last updated (at the top of this Policy)
categories of personal information collected about you in the last 12 months (see paragraph 2)
categories of sources from which the personal information was collected (see paragraphs 2 and 3)
purposes for collecting personal information (see paragraph 4)
categories of third parties with whom we share personal information (see paragraph 5)
categories of personal information we have disclosed within the last 12 months (see paragraphs 2 and 5)
categories of personal information we have sold within the last 12 months (see paragraphs 2c and 4f)
We have disclosed and sold personal information to third parties within the last 12 months to our third-party advertising networks (see paragraph 4f). We do not sell the personal information of minors under 16 years of age without affirmative authorization.
You can designate an authorized agent to make a request under the CCPA on your behalf. The authorized agent must submit proof that they have been authorized by you to act on your behalf and proof of their own identity.
You have the right to:
request access to your personal information;
request deletion of your personal information;
opt-out of the sale of your personal information (see paragraph 7 above or email us at games@kongsoftware.com);
not be discriminated against for exercising any of your rights under the California Consumer Privacy Act of 2018 (CCPA).
To make a verifiable consumer request of access or deletion, please contact us by email at games@kongsoftware.com or by mail to Kong Software., JSC, 63 Tran Dang Ninh Street, Van Dinh Town, Ung Hoa District, Hanoi, Vietnam. We may verify your request by asking for proof of identity such as your device ID and/or User ID.
CONTACT INFORMATION
All questions, comments, or inquiries should be directed to KSW at games@kongsoftware.com. We will endeavor to respond to any query or questions within three business days.
© 2024 Kong Software., JSC. All trademarks are the property of the relevant owners. All rights reserved.
Address: Hanoi, Vietnam.
Phone Number: (+84) 79.613.8688
Email: games@kongsoftware.com
Tax Code: 0109525301
© 2024, Kong Software. All Rights Reserved.