1.1. This Policy represents an agreement between you (“You” or “Your”) and DM Digital SRL, Via Rainusso 144, Modena, Italy (“DM Digital”, “We”, “Us” or “Our”). This Policy sets out the ways that We use the personal information which we may gather in providing you with games, software, updates, add-ons (including virtual goods and virtual currency) and services that are offered to you by us as well as any DM Digital website which you access to avail of any of the above (collectively, the “Services”).
1.2. References to DM Digital in these Terms shall include any DM Digital affiliates which shall include subsidiaries, parent companies and any other entities under common ownership. Where you receive or participate in a Service provided directly by DM Digital, DM Digital is the data controller of your personal data.
3. HOW WE COLLECT INFORMATION
3.2. We will also collect:
Your screen name (user ID);
Technical or other details about any device which you use to access the Services: Internet and/or network connection (including your IP address, Media Access Control (MAC), operating system, browser type or other software); hardware (including computer hardware or mobile model); mobile device details (including your mobile device type and number; mobile carrier details; and unique device identifier) or other technical details.
Details of your use of the Services including, but not limited to: traffic data, location/geographical data, the Service resources that you access, the time you spend on the Services, crash reports and reasons for connection drops.
Data that you provide to Us via any third party website, application or service (including Facebook or Google) which You use to access the Services or which you make publicly available on such third party website or service, or which you give Us via any forms on the website www.tiebreak.tennis (or any other DM Digital or Tiebreak website), by text message, data stored in Services log files or by contacting Us.
Information provided when you report a problem with any of the Services.
We may also ask you to complete surveys that We use for research purposes, although you do not have to respond to them.
The information set out in sections 3.1 and 3.2 is collectively the “Information” insofar as it is information which is capable of identifying You.
3.3. By accessing or using the Services, You are authorising Us to collect, store and use Your Information. You can control the amount of Information You are authorising Us to collect, store and use by altering Your privacy settings on the mobile device, platform or service through which you access the Services. You can find out more about these settings, and how to control them, on the mobile device, platform or service from which You access the Services.
3.5. By accessing or using the Services via Your mobile phone, wearable or other mobile device, You are authorising Us to collect its unique device identifier and IP address. We may also collect the name You have associated with Your mobile phone or other mobile device, device type, telephone number, country, and any other information You choose to provide. We may also access Your contacts to enable You to invite friends to join You on the Services if you request that we do this on your behalf.
3.6. We receive and store the information that You provide, including Your telephone number, when You sign up to and consent to having text messages sent directly to Your mobile phone. These text messages notify You of in-game activity within the Services and may allow You to access the Services from Your mobile device.
3.7. Should You purchase a licence to use Virtual Items through a third party platform, and that purchase is processed by or on behalf of a third party (e.g. Apple Inc. where You have made a purchase on an iOS device), We may receive payment information which You provide to that third party but only in order to allow us to provide you with the licence to use Virtual Items. Any purchases which You make through a third party in this manner may be subject to their policies and it is Your sole responsibility to ensure Your compliance with those policies. We do not collect, nor do we have access to any of your billing or credit information. That data is collected and stored by third party payment service providers (for example, the platform through which you are accessing the Services).
4. HOW WE USE INFORMATION
4.1. We use information held about you in some of the following ways:
To provide you with the Services.
To ensure that content from Our Services is presented in the most effective manner for you and for your computer or other device from which you access the Services.
To provide you with information or services that you request from Us or which We feel may interest you, if you have consented to be contacted for such purposes.
To perform Our obligations under any contracts entered into with you.
To allow you to participate in interactive features of Our Services, if you choose.
To notify you about changes to Our Services.
To provide you with support and other administrative services.
To prevent fraud and provide safe and secure Services.
To provide you with targeted advertising.
To comply with our own legal obligations.
4.2. Where you access the Services as an App or through a third party platform such as Facebook, we may from time to time send you “push notifications” provided that you have allowed us to do so in accordance with the settings on your mobile device. You can manage push notifications within the settings of your mobile device.
4.3. Please remember that using the Services may reveal information relating to you which is publicly available on the platform that you are using to access the Services (for example, your screen name, your profile picture and the content of your publicly available communications to other users).
4.4. We are not responsible for the activities of other users or other third parties to whom you choose to provide your personal information (whether via Our Services or otherwise).
4.5. If your account on our Services is closed, we are obliged to store the Information which is saved in our database for a period of time to allow us to comply with applicable laws. Please note that it is not possible to delete Your Information prior to the expiry of applicable statutory retention periods and in order for us to comply with our legal obligations.
4.6. We may disclose Your Information, and the contents of all Your online communications, if required to do so by law, or if We believe in good faith that such action is necessary to: (i) comply with any applicable laws or regulations or any legal process served on Us, the Services or in circumstances where We are under a substantially similar legal obligation; (ii) protect and defend Our rights or property; (iii) act to protect the personal safety of users of the Services or the public; or (iv) if, in Our sole determination, You are found to have cheated or attempted to defraud Us or any other user of the Services in any way, or if We suspect You of any fraudulent activity.
4.7. We may further provide Your Information to any third parties and data processors providing services to Us, including but not limited to, payment processing, data analysis, email delivery, customer service, hosting and marketing services, and by helping us to administer and provide the Services. We take measures to ensure that Our arrangements with third party service providers and data processors protect the privacy of Your Information and that such third parties do not use Your Information for any other purpose than to provide services to Us.
4.9. The Services support and may encourage interaction among users. Access to your username may allow other users to view the public information associated with your related account and to communicate with you through the related social network communication channels.
4.10. You may be offered the option of importing Your contact list or address book contacts, either automatically or manually, into the Services in order to enable You to (i) locate any of Your contacts who are also users of the Services; and/or (ii) invite Your contacts to become users of the Services. Should You opt to import Your contact list or address book contacts, You are authorising Us to store Your contact details on Our databases for these purposes, unless You expressly revoke this authorisation. For the avoidance of doubt, any passwords which You provide to Us to facilitate this import shall not be stored by Us.
4.11. You may contact Us by visiting our Support Centre at support.nordeus.eu if You: (i) want to confirm the accuracy of the Information We have collected about You; (ii) would like to update Your Information; and/or (iii) have any complaint regarding Our use of Your Information. If requested, We will (x) update Your Information, provided that You provide evidence as We may reasonably require for such changes, or (y) mark any Information to prohibit future use for marketing purposes.
5. COOKIES AND AUTOMATED INFORMATION COLLECTION
5.1. By accessing or using the Services You authorise Us to collect certain technical information in order to (i) analyse usage of the Services; (ii) provide a more personalised experience; and (iii) manage advertising. We, and our third party service providers, may use server log files or web log files and tracking technologies to collect and analyse certain types of technical information, including but not limited to, cookies, IP addresses, device type, device identifiers, browser types, browser language, URLs, domain names, landing pages, game state, the date and time of usage of the Service, and other similar information.
5.3. We use Facebook’s Custom Audience feature to target users with advertising from time to time. Custom Audiences allow us to target ads to a specific set of people through Facebook. You can manage your privacy settings in the privacy tab of your Facebook account.
5.4. In the case the websites www.tiebreak.tennis and www.dmdigital.com and www.dmdigital.it:
6. PROTECTION OF MINORS
6.1. The Services provided by DM Digital (including the app Tiebreak) may only be used by a person over the age of 16 or a person between the age of 13 and 16 where that person’s parent or guardian has reviewed and consents to the Terms and this Policy on their behalf. Any person who provides Information to DM Digital through any part of the Services represents to DM Digital that they are 16 years of age or older or that they are between 13 years of age and 16 years of age and their parent or guardian has reviewed the Terms and this Policy and has consented on their behalf.
7. SAFETY MEASURES TO PROTECT YOUR INFORMATION
7.1. We take reasonable measures to protect the Information that we collect from or about you (including your personally identifiable information) from unauthorized access, use or disclosure. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information.
8.1. You expressly agree that the Services are provided on an “as is” basis without warranties of any kind. We are not responsible for events beyond Our direct control. Because of the complex and constantly changing nature of Our technology and business, We cannot guarantee, nor do We represent, that there will be an error-free performance regarding the privacy of Your Information, and We will not be liable for any indirect, incidental, consequential or punitive damages relating to the use or release of Your Information.
9. INTERNATIONAL TRANSFERS
9.1. Your Information collected by Us may be stored and processed in any country in which We or Our affiliates, suppliers, ESPs or agents maintain facilities (see section 4.6). By using the Service, You expressly consent to any transfer of Information outside of Your country (including to third countries outside the EEA that may not have been assessed as having adequate privacy laws).
10. MERGERS AND OTHER EVENTS REQUIRING TRANSFER
10.1. If We should ever file for bankruptcy, or become insolvent, or be acquired by a third party, merge with a third party, sell all or part of Our assets, or transfer substantially all or part of Our relevant assets to a third party, We are entitled to share Your Information You have provided through the Services to potential and subsequent business and merger partners. By agreeing to the Terms of Service, You give Your consent to such transfer of this Information.
11. YOUR RIGHTS
11.1. The following applies only to the processing of Your personal data (i.e. personally identifiable information) by DM Digital in the provision of the Services:
You have the right to ask Us not to process your personal information for marketing purposes (opt-out). We will usually inform you (before collecting your data) if we intend to use your data for such purposes. You can exercise this right by contacting us at firstname.lastname@example.org.
You can contact us at email@example.com to request that We provide you with access to your personal information or that We update or delete your personal information from Our database. We may retain an archived copy of your records if required to do so by law or for legitimate business purposes (for example, where deletion of your personal data from our database may severely disrupt or disable your use of Services).
12. DO NOT TRACK SIGNALS
If you are a California based user of the Services, please note that there is no consensus on how companies like ours should interpret “Do Not Track” signals in the context of recent amendments to the California Online Privacy Protection Act. We do not currently respond to Do Not Track signals, whether that signal is received on a computer or on a mobile device. You can learn more about Do Not Track here: http://www.allaboutdnt.com/.