Effective Date: May 5th, 2023
1. INTRODUCTION AND GENERAL TERMS
These terms apply to the use of apps and other products and services developed and/or published by BEARHAMMER GAMES LTD. ( “we” / “us”) and as further detailed below. We process your data as a controller. We are a company registered in Scotland, with company number SC616982.
- What information we may collect about you;
- How we will use the information we collect about you;
- Whether we will disclose your details to anyone else; and
- Your choices and rights regarding the personal data we hold about you.
The Online Services may contain hyperlinks to services owned and operated by third parties. These third-party services may have their own privacy policies, and we recommend that you review them. They will govern the use of personal data 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.
2. INFORMATION WE MAY COLLECT ABOUT YOU
We may collect and process the following personal data from you when you use our Online Services (together, the “Online Services Information”):
Information provided by you when using a Game:
- Language; and
- Your physical demographic information (provided during in-game calibration).
Information that may be provided by you when you contact us for support:
- Your name; and
- Your email address.
Information about your activities:
We will collect some technical information about your use of our Online Services through the use of tracking technologies and analytics. Personal data we will collect in this way, depending on your use of the Online Services and your preferences, include the following:
- Your IP address and MAC address;
- Your user/account ID with us;
- Device country;
- Time, date, and install source of your Game;
- Session start, duration and end timings;
- Identifying information about crashes and defects;
- Device information (e.g. device type, device unique ID and browser);
- Session results, progress and timings; and
- ‘Events’ related to your Game usage, such as your achievement of a milestone and other particular events during your Game usage (such as session durations, completing a tutorial, map sections completed, menu/navigation usage).
This also includes the use of ‘cookies’ and similar technologies, as further detailed below.
User-generated content and information hosted and displayed in our Online Services:
Leaderboards may be posted automatically and can be a significant or essential part of the gameplay and user experience. Please be aware that it may not be possible for us to turn off this type of User Content functionality for you within the Online Service.
As per our T&Cs, sharing of Games and their contents is not permitted. However, we cannot control the wider dissemination via the public internet of personal data that you may choose to post, or make available, in User Content or Leaderboards.
3. WHY WE COLLECT INFORMATION ABOUT YOU
To provide the Online Services to you
Where we process your personal data for Leaderboards, or other User Content, in our Online Services, we also rely upon our legitimate interests as a legal basis for undertaking that processing, being our commercial interests in providing an enhanced experience in our Online Services (though, depending on the nature of our particular Online Service, the Leaderboard or User Content may be a part of the core functionality of the Online Service).
We do not actively collect special category data about you, such as health data, and we do not create information about your presumed health status.
To enable purchases
If you make purchases through the Online Services (where we may make that functionality available), your order and certain Online Services Information (such as, without limitation, your Contact Information if you contacted us, and certain Analytics information) may be processed so that you can access these features within the Online Service.
To respond to your enquiries and requests for support
To better engage current users
We may process certain information (including Submitted Information and certain Analytics) to encourage engagement from our Game users and to notify them of new recommendations, services, virtual items or other promotions or offers (where we may make these available). We process this information based on our legitimate interests, being our commercial interests in improving the success of our Games and user engagement with our Games.
To prevent fraudulent or illegal activity
To help us to improve the Online Services and help us fix any problems
We may process information about you (being certain of the Submitted Information and Analytics) so that we can analyse and improve our Online Services and also for us to develop new Online Services or new parts thereof.
This processing is necessary for us to pursue our legitimate interests, being our commercial interests of (i) ensuring that our Online Services function properly so that you and other users have the best experience when, for example, playing the Games and using the other Online Services; (ii) improving the quality of our Online Services, and providing a better experience to our users; and (iii) identifying and correcting any bugs or problems with the Online Services.
To help us to understand your usage of the Online Services
We may process information (being the Online Services Information or any part thereof) to understand how users use our Online Services and to compile statistical reports regarding that activity, as well as understand how users progress within a particular Online Service such as a Game. This data processing is necessary for us to pursue our legitimate interests, being our commercial interests in continually improving the Online Services, understanding and fixing problems and to improve our future products and services.
To keep you up to date
Where you have consented, or where it is otherwise lawful for us to do so, we may use your Online Services Information to send you emails to keep you informed about our news and products. You can withdraw your consent anytime by using the “unsubscribe” feature attached to each email.
4. DATA SHARING
Merger or acquisition: If we are involved in a merger, acquisition, transfer or sale of all or a portion of our assets, you will be notified via email, account message and/or a prominent notice on our website of any change in ownership or uses of this information, as well as any choices you may have regarding this information.
Required by law: 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 data to third parties (e.g. gaming platform operators, game console manufacturers or networks) in order to enforce or apply the terms of agreements, to investigate potential breaches or to protect the rights, property or safety of BEARHAMMER GAMES LTD, our customers or others.
Digital Content Stores: Where our Game is downloaded through a third party store service such as (without limitation) Steam or Oculus, we may disclose your personal data to the relevant store/platform for the purposes of facilitating any in-Game payments made through these platforms.
5. CONSUMER CONTROL AND OPT-OUT OPTIONS
We will obtain your consent to collect your information to be used for marketing purposes that require consent. Where this is not required, we may rely on our legitimate interests as described above.
6. YOUR RIGHTS IN RELATION TO YOUR PERSONAL DATA
You have the rights over the way that we process your personal data, as set out below. We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. In some cases, your ability to access or control your personal data will be limited as required or permitted by such applicable laws.
Ask for a copy of personal data we are processing about you and have inaccuracies corrected or request erasure:
You have the right to request a copy of the personal data we hold about you and to have any inaccuracies corrected. You can request a copy by emailing email@example.com
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
Object to us processing personal data about you:
You can ask us to restrict, stop processing or delete your personal data if:
- you consented to our processing the personal data and have withdrawn that consent;
- we no longer need to process that personal data for the reason it was collected;
- we are processing the relevant personal data for direct marketing purposes;
- we are processing that personal data because it is in the public interest or it is in order to pursue a legitimate interest of BearHammer Games Ltd. or a third party, you don’t agree with that processing, and there is no overriding legitimate interest for us to continue processing it;
- the personal data was unlawfully processed;
- you need the personal data to be deleted in order to comply with legal obligations; and/or
- the personal data is processed in relation to the offer of a service to a child.
You can request account deletion by sending an email to firstname.lastname@example.org
Make a complaint to a Supervisory Authority:
If you are unhappy with how we process your personal data, please contact us via the support services.
If you do not agree with the way we have processed your data or responded to your concerns, an alternative is to submit a complaint to a Data Protection Supervisory Authority. Contact information for the Information Commissioner’s Office, the UK’s independent authority to uphold information rights, is available here: https://ico.org.uk/.
7. DATA RETENTION
In accordance with data protection laws and good commercial practice, we do not retain data in a form that permits identification of the person(s) to whom it relates for any longer than is necessary. The specific retention periods depend on the nature of the information, why it is collected and processed, and the nature of the legal requirement. Details of retention periods for different aspects of your personal data are available from us on request by contacting us at email@example.com
We do not use our Online Services to knowingly solicit information from, or market to, children under the age of 16. In the event that we learn that we have collected personal data from a child under 16 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 16 years of age, please contact us at firstname.lastname@example.org
We will take commercially reasonable, appropriate technical and organisational measures to ensure a level of security appropriate to the risk that could be encountered via the use of our Online Services, taking into account the likelihood and severity those risks might pose to your rights and freedoms.
In particular, we will take precautions to protect against the accidental or unlawful destruction, loss or alteration, and unauthorised disclosure of or access to the personal information transmitted, stored, or otherwise processed by us.
Please be aware that, while we make the security of our Online Services and your personal information a high priority, no security system can prevent all security breaches.
Unfortunately, the transmission of information via the internet is not completely secure. We do our best to protect your personal data, but we cannot guarantee the security of your data transmitted through our Online Services; the sharing of your personal information with us and any transmission is at your own risk.
10. INTERNATIONAL DATA TRANSFERS
Where your personal data is transferred outside of the EEA or the UK to a territory not subject to an adequacy decision by the European Commission or the UK, we have agreements in place with the relevant parties, which include standard data protection clauses adopted by the European Commission and/or the UK, to ensure that appropriate safeguards are used to protect your personal data.
11. CONTACT INFORMATION
All questions, comments or enquiries should be directed to BEARHAMMER GAMES LTD. at email@example.com. We will endeavour to respond to any query or questions within a reasonable time.