PRIVACY POLICY

This privacy policy was last modified on October 25, 2022

Overview

About us and how to contact us

Toosmart B.V. provide free games online and will process your personal information when you play our games. If you have any questions about our data practices, your rights or have any concerns or complaints, you can contact us at [email protected], or send a letter to the address provided in the Privacy Policy .

Personal information we collect

We collect personal information from you directly, e.g. when you play games or register for an account, and also generate information about your use of our games, including game play and log data.

How we use your personal information

We use your information to provide you with our games, support and analyse your use, and improve them. We will also use your information to respond to your questions. We sometimes show you ads targeted to you in our games. You can choose to stop receiving these at any time changing your browser or device settings. More Information .

Who we share your personal information with

We rely on third parties for the purposes set out in the privacy policy, including support services, such as game servers, support ticketing and game analytics. We also work with certain advertising partners to show you ads. Additionally, we share your information within our group and as required by law. More Information .

Where we process your personal information

Your Information is processed by us or our service providers in different countries around the world, including Ireland, Portugal, the United Kingdom, the United States of America and other locationsYour rights

You may have rights to access, receive a copy of, or delete, your information or restrict processing of your data, and you also have the right to object to our use of your information for certain purposes, including tailored marketing and advertising. More Information .

Changes to the Privacy Policy

Any updates or changes to this Policy will be published here. If there are any significant changes, we will notify you through the website and in-Game.

Introduction

This privacy policy ("Policy") informs you of your choices and our practices in relation to your Information (as defined below). In this Policy, ("ToosSmart"), " we" or "us" refers to Toosmart BV, a companies registered in the Netherlands with its office located at Geert Grootestraat 1, 7411GS', Netherlands. We are the data controller under the applicable privacy laws.

For the purpose of this Policy, "Information" means any information relating to an identified or identifiable individual. This includes Information relating to your use of: (a) our mobile games ("Mobile Games"); (b) toosmart.nl and any other dedicated Toosmart websites ("Website"). When you use the Mobile Games or the Website (the "Game"), you accept our rules and policies which set out how we handle your Information, and you understand we collect, process, use and store your Information as described in this Policy. If you do not agree with this Policy, you must not play any of the Games. If you change your mind in the future, you must stop playing the Games and you may exercise your rights in relation to your Information as set out in this Policy.

1. PERSONAL INFORMATION WE COLLECT

We will collect and use the following Information about you:

Information you provide to us

• Information collected via our customer support channels : for example, when you interact with us via Zendesk, our customer support provider, we ask you to provide (a) your full name, email and password, and (b) any information you choose to provide to allow us to assist you.

Information we automatically collect or is generated about you when you play the Games

• Identifiers , such as your IP address, device and app ID, city level location data and device information (such as model, brand and operating system).
• Cookies : we use cookies and other similar technologies (e.g. web beacons, log files, scripts and eTags) ("Cookies") to enhance your experience when using the Games. Cookies are small files which, when placed on your device, enable us to provide certain features and functionality. You have the option to permit installation of such Cookies or subsequently disable them. You may accept all cookies, or instruct the device or web browser to provide notice at the time of installation of cookies, or refuse to accept all cookies by adjusting the relevant cookie retention function in your device. However, in the event of your refusal to install cookies, the Game may be unable to operate as designed. For more information about our Cookies policy , click here .
• Information regarding your use of the Games , such as date and time stamps of game events, interactions with our teams and ad engagement, and transaction records

Information received from third parties

• Information from payment processors : when you make payments in our Games, we receive information from our payment processors about your transactions, including your Apple ID number for Apple, your postcode and state for Google
• Analytics information : we integrate certain analytics software of Google (Firebase / Analytics), who are based in US, a third party analytics provider in some of our Mobile Games. Google provides reports that help us optimise our in-game features and events to each user of our Mobile Games which include information on your in-game activity.
• Information collected from advertising partners : we receive information from third party advertising providers (including but not limited to Google, IronSource, Inmobi, Unity and Applovin).This includes information on your aggregate interactions with advertising shown in on our Mobile Games.

Children

For a Game that is child directed we do not profile our users or provide targeted advertising. A child directed Game only contains contextual advertising. We will only collect data, in these apps when it is needed to provide the service and ensure that they are protected in accordance with the applicable privacy laws.

If you are a parent or legal guardian of a child under the age of 13 (or under 16 in certain jurisdictions in the European Union) who uses a child directed Game, please contact us at [email protected], if you have any questions or comments. On your request we will delete your child's personal information if we are able to identify your child, unless you provide us with your verifiable consent for your child to continue to use our Games.

Except as set forth above, our Games are not targeted at children. Where Children under 16 use our Games, we advise that they obtain the permission of a parent or guardian, and we recommend that parents or guardians clear their browser cache of cookies and take all other steps highlighted in this policy to minimise the data collected.

2. HOW WE USE YOUR PERSONAL INFORMATION

We use your Information to:

• Provide you with the Games . More in particular, we will use your Information to perform our contractual obligation towards you to allow you to play the Games and remember your progress, and to allow you to make purchases via Google Play or the IOS App Store and maintain a record of such purchases. The Information we process when doing so includes information you provide to us when playing the Games, identifiers, information you generate and display when playing the Games, and information regarding your use of the Games such as transaction records.
• Improve and monitor Game use . It is in our legitimate interests to improve our Games for our customers. When doing so, we may collect information we automatically collect or is generated about you when you play the Games, as well as non-personal information about your device such as battery, Wi-Fi strength, device manufacturer, model and operating system, and the amount of free space on your device.
• Provide you with support and to respond to your requests or complaints . If you reach out to us for support, we will use your Information to create a support account for you, respond and resolve your queries and complaints, facilitate support (e.g. assistance with an in-app purchase issue). When doing so, we perform our contractual obligation towards you. The Information we process when doing so includes your identifiers, non-personal information about your device such as your Wi-Fi strength and the amount of free space on your device, and any other information about you collected via our customer support channels.
• Conduct analytics . It is in our legitimate interests to analyse the use of and inform, our Games and advertising campaigns, and any other interaction or interest in the same. When doing so we will process information we automatically collect or is generated about you when you play the Games or interact with our advertising campaigns to (a) create anonymised and aggregated data; (b) create segments of users who show particular characteristics or interests; and (c) conduct predictive analytics about your interests.
• Send you updates about in-Game offers and our other products and services that may be of interest to you . We will send you promotional offers, and information about other products and services that may be of interest to you. Where it is required, we will only do so where we have your consent. We do so push notification or in Game. When doing so, we process the analytics information above. Your consent can be withdrawn at any time by adjusting your device settings for push notifications.
• Provide you with advertising . We will present you with ads and suggestions in our Games and elsewhere. These may be ads relating to our own Games or other services you may be interested in. These ads and suggestions may be tailored specifically to you. Where it is required, we will only do so where we have your consent. In situations where your consent is not required, or where we provide contextual advertising, we do so on the basis of our legitimate interests. If you no longer want to receive targeted advertising you can withdraw your consent in the Games settings, or if that option is not available, please see our Cookie Policy which explains how you can opt out and change your browser and device settings. To tailor ads and to allow our advertising partners to tailor ads, we process information we automatically collect or is generated about you when you play the Games and information received from third parties.
• Prevent fraud, defend Toosmart against legal claims or disputes, enforce our terms and to comply with our legal obligations . It is in our legitimate interest to protect our interests by (1) monitoring Game use to detect fraud or any other user behaviour which prejudices the integrity of our Games, (2) taking steps to remedy aforementioned fraud and behaviour, (3) defending ourselves against legal claims or disputes, and (4) enforcing our terms and policies. When doing so, we will process the Information relevant in such a case, including information you provide us, information we automatically collect about you, and information which is provided to us by third parties.

3. WHO WE SHARE YOUR PERSONAL INFORMATION WITH

We share your Information with selected third parties, including:

• Vendors and service providers we rely on for the provision of the Games , for example:

• Customer support solution providers , who help us manage and respond to our customer questions and complaints. This includes Zendesk Inc., who are based in the U.S. and who host our customer support function;
• Analytics providers : we work with a number of analytics, segmentation and mobile measurement service providers who help us understand our userbase. This includes Google (Firebase and Analytics) who are based in US
• Advertising partners . We are an ad-supported service. Subject to your settings, we provide certain Information to advertisers who will use them to serve you with ads in our Games, and we measure who sees and clicks on their ads. We also share advertising identifiers, along with the interests or other characteristics of a device or the person using it, to help partners decide whether to serve an ad to that device or to enable them to conduct marketing, brand analysis, personalise advertising, or similar activities. See our list of partners . For more information on how to limit or opt-out from personalized advertisement, please see our Cookie Policy .
• Payment processors : For Mobile Games we use payment processors such as Google (if you run Android on your mobile device) or Apple App Store payments (if you run IOS on your mobile device. These payment processors are responsible for the processing of your Information, and may use your Information for their own purposes in accordance with their privacy policies as below:
• Apple : please see the App Store & Privacy policy available on your Apple device
• Google : https://policies.google.com/privacy

• Law enforcement agencies, public authorities or other judicial bodies and organisations . We disclose Information if we are legally required to do so, or if we have a good faith belief that such use is reasonably necessary to comply with a legal obligation, process or request; enforce our terms of service and other agreements, policies, and standards, including investigation of any potential violation thereof; detect, prevent or otherwise address security, fraud or technical issues; or protect the rights, property or safety of us, our users, a third party or the public as required or permitted by law (including exchanging information with other companies and organisations for the purposes of fraud protection).
• Change of corporate ownership . If we are involved in a merger, acquisition, bankruptcy, reorganisation, partnership, asset sale or other transaction, we may disclose your Information as part of that transaction.

Third Party Privacy Practices

If you access any Games through a third-party platform such as Google or Apple ("Third Party Services"), you must understand that those Third Party Services may collect other information about you (including information you share with them directly or about your use of the Games) in accordance with their own terms and privacy policies. The privacy practices described in this Policy do not apply to Third Party Services. Any links in the Games to Third Party Services do not imply that we endorse or have reviewed the Third Party Services.

Security

Although we have in place security measures to maintain the privacy and integrity of your Information, unfortunately, the transmission of Information via the internet is not completely secure. We may also take extra steps to protect your Information and minimise the Information we process. For example, when you provide us with your password as part of the registration process, we apply a one-way hash.

4. WHERE WE PROCESS YOUR PERSONAL INFORMATION

We process your Information in several countries, including countries within the European Economic Area ("EEA"), the United Kingdom ("UK"), the United States of America and others.
When we transfer your Information outside the UK or the EEA, we may transfer it to countries that have been recognised as offering an adequate protection by the EEA or the UK. When this adequacy status has not been offered, we use standard contracts that can be used in the EEA or the UK to safeguard your Information while transferring it outside the EEA or the UK.

5. HOW LONG WE STORE YOUR INFORMATION

Your Information is kept for as long as you are using our games, and then for up to three years from the date you stop interacting with the games.

When deleting Information, we will take measures to make the Information irrecoverable or irreproducible, and electronic files which contain Information will be deleted permanently.

6. YOUR RIGHTS

If you are based in the EEA, Switzerland or are a legal resident of California in the U.S., you have certain rights in relation to your Information. For Californian residents, please refer to Addendum 1 - California Privacy Rights . For Brazilian residents, please refer to Addendum 2 - Brazil Privacy Rights . For EEA and Switzerland based, you will find more information below on when which rights can apply.

To exercise your rights, please email us at [email protected].

• Access . You have the right to access Information, and to receive an explanation of how we use it and who we share it with. This right is not absolute. For example, we cannot reveal trade secrets, or give you Information about other individuals.
• Erasure . You have the right to request deletion of your Information. We may need to retain some of your Information where there are valid grounds for us to do so under data protection laws. For example, for the defence of legal claims, respect freedom of expression, or where we have an overriding legitimate interest to do so, but we will let you know when this is the case. Note that where the Information is held by a third party data controller, such as an advertising partner or a payment processor, we will use reasonable steps to inform them of your request, but we recommend you contact them directly in accordance with their own privacy policies to ensure your personal data is erased.
• Objection and withdrawal of consent : You have the right to (i) withdraw your consent where you previously provided such consent; or (ii) object to our processing of your Information where we process such Information on the basis of our legitimate interests (see above under How we use your personal information ). You may exercise this right as follows:

• To stop receiving personalized advertising : for Mobile Games, please withdraw your consent in the in-app Settings. You can also find more information in our Cookie Policy .
• To stop our cookies being placed : please refer to our Cookie Policy .
• To stop receiving push notifications : please change your device or browser settings.

• Portability . You have the right to receive a copy of Information we process on the basis of consent or contract in a structured, commonly used and machine-readable format, or to request that such Information is transferred to a third party.
• Correction . You have the right to correct any Information held about you that is inaccurate.
• Restriction . You have a right in certain circumstances to stop us processing Information other than for storage purposes.

7. CONTACT & COMPLAINTS

We welcome questions, comments and requests regarding this Policy. These should be addressed to [email protected]. You can also send a letter to Toosmart Data Protection c/o Miniclip SA, Faubourg de l'Hôpital 18, 2000 Neuchâtel, Switzerland. Alternatively, if you are based in the EEA, you can send a letter to Toosmart Data protection c/o Miniclip (UK) Limited at Legal Department at Miniclip, Holborn Gate, 326-330 High Holborn, London WC1V 7PP.

If you wish to make a complaint about how we process your Information, please contact us at [email protected] and we will endeavour to deal with your complaint as soon as possible. This is without prejudice to your right to launch a claim with a data protection authority.

8. CHANGES

Any updates or changes to this Policy will be published here. If there are any significant changes, we will notify you through the website and in-Game.

ADVERTISING AND USER ACQUISITION PARTNERS

We use the following advertising partners, that are integrated into some or all the Games. Please check the following privacy policies to learn more about their privacy practices, including how you may exercise your data subject rights.

This list was last updated on 29 September 2022

ADDENDUM 1 - CALIFORNIA PRIVACY RIGHTS

The terms of this Addendum apply to residents of California under the California Consumer Privacy Act of 2018 (California Civil Code §§ 1798.100 to 1798.199) and its implementing regulations, as amended or superseded from time to time ("CCPA"). For the purposes of this addendum, Personal Information means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household, or as otherwise defined by the CCPA. Personal Information does not include information that is: lawfully made available from government records, deidentified or aggregated, or otherwise excluded from the scope of the CCPA.

Collection and Disclosure of Personal Information

Over the past 12 months, through your use of the Games, we may have collected and disclosed the following categories of Personal Information from or about you:

• Identifiers, including IP address, device identifiers and advertising ID. This information is collected directly from you or your device.
• Internet or other electronic network activity information, including your use of in-game features and events and information on your in-game activity, and information on your interactions with advertising shown in on our Games. This information is collected from our selected third party analytics providers and advertising partners.
• Geolocation data, including city level location data. This information is collected directly from you or your device and from third party services when you register through them.
• Commercial information, including records of products or services purchased, obtained, or considered, your Apple ID number for Apple, your postcode and state for Google. This information is collected directly from you or your device, and from our payment processors.

In the preceding twelve months, we have collected Personal Information from the following categories of sources:

1. You/Your Devices directly.

2. Advertising Networks and other advertising partners.

3. Analytics Providers.

We collect personal information for the following purposes:

• To operate and administer the Games;
• To improve the Games;
• To communicate with you;
• To serve advertising;
• For security and verification purposes, including to prevent and detect fraudulent activity;
• To address and remediate technical issues and bugs.

For additional information about what each type of personal information is used for, see " How We Use Your Personal Information " in the main portion of the Privacy Policy.

We may disclose personal information to the following types of entities:

• Our affiliate companies within our corporate group who process personal information in order to operate the Games;
• Marketing and advertising partners who use your information to serve you ads in the Games and on other sites;
• Other companies that provide services on our behalf who are prohibited by contract from retaining, using, or disclosing personal information for any purpose other than for providing the services to us;
• Regulators, judicial authorities and law enforcement agencies;
• Entities that acquire all or substantially all of our business.

For additional information about how we disclose personal information is used for, see " Who we share Your Personal Information With " in the main portion of the Privacy Policy.

SALES OF PERSONAL INFORMATION / NOTICE OF RIGHT TO OPT-OUT

Over the past 12 months, we have used third party advertising and other tracking technologies on our Games to collect information about you, your device(s), and your use of our Games. We share that information with selected third parties such as advertising partners who use it to target advertisements to you online.

You can opt-out and exercise control over the use of these technologies at any time by adjusting the in-app settings.

Rights under the CCPA

The CCPA provides California residents with certain legal rights; these rights are not absolute and are subject to certain exemptions. If you are a California resident, and the CCPA does not recognize an exemption that applies to you or your personal information, you have the right to:

• Submit a verifiable request for the following information covering the 12 months preceding your request:

• the categories of Personal Information about you that we collected, sold, or disclosed;
• the categories of sources from which the Personal Information was collected;
• the purpose for collecting or selling Personal Information about you;
• the categories of third parties to whom we disclosed Personal Information about you and the categories of Personal Information that was disclosed (if applicable) and the purpose for disclosing the Personal Information about you; and
• the specific pieces of Personal Information we collected about you;

• Submit a verifiable request that we delete Personal Information we collected from you; and
• Be free from unlawful discrimination for exercising your rights, including providing a different level or quality of services or deny goods or services to you when you exercise your rights under the CCPA, subject to certain limitations.

We aim to fulfill all verified requests within 45 days pursuant to the CCPA. If necessary, extensions for an additional 45 days will be accompanied by an explanation for the delay.

How to Exercise Your Rights

You can exercise your rights by emailing us at [email protected].

If you wish to opt-out or update your preferences, you may do so in-app for certain of our Mobile Games.

Verification

Requests for access to or deletion of Personal Information, whether submitted by you directly or via an authorized agent, are subject to our ability to reasonably verify your identity in light of the information requested and pursuant to relevant CCPA requirements, limitations, and regulations. To verify your access or deletion request, please be prepared to provide us with identifying information that we can match against our records in order to confirm you are the rightful account holder.

Authorizing an Agent

To authorize an agent to make a request to know or delete or opt out on your behalf, please email us at [email protected].

Shine the Light

We do not rent, sell, or share Personal Information with nonaffiliated companies for their direct marketing uses as contemplated by California's "Shine the Light" law (Civil Code § 1798.83), unless we have your permission.

Do Not Track

There is no accepted standard on how to respond to Do Not Track signals, and we do not respond to such signals.

ADDENDUM 2 - BRAZIL PRIVACY RIGHTS

The terms of this Addendum apply to residents of Brazil under the Lei Geral de Proteção de Dados (Lei nº 13.709, de 14 de agosto de 2018) and its implementing regulations, as amended or superseded from time to time ("LGPD"). For the purposes of this Addendum 2, Personal Information has the meaning as defined in the LGPD.

Categories of Personal Information collected and processed

To find out what categories of your Personal Information are collected and processed, see " Personal Information We Collect " in the main portion of the Privacy Policy.

How we use your Personal Information

To find out how we process and use your Personal Information, including on what grounds, see " How We Use Your Personal Information " in the main portion of the Privacy Policy.

Your rights under the LGPD

The LGPD provides residents of Brazil with certain legal rights; these rights are not absolute and are subject to exemptions. In particular, you have the right to:

• Ask whether we hold personal information about you and request copies of such personal information and information about how it is processed.
• Request that personal information be corrected.
• Restrict the processing of your personal information that is not being processed in compliance with the LGPD.
• Obtain information on the possibility of refusing consent and the consequences of doing so.
• Obtain information about the third parties with whom we share your personal information.
• Obtain the deletion of your personal information being processed if the processing was based upon your consent, unless one or more exceptions provided for in Art. 16 of the LGPD apply.
• Revoke your consent at any time.
• Oppose a processing activity in cases where the processing is not carried out in compliance with the provisions of the law.

How to exercise your right

You can exercise your rights by emailing us at [email protected].