Mobile Apps Privacy Notice

Last updated May 18, 2021

Azerion BV (hereafter referred to as “Azerion“) respects your privacy and recognise the importance of providing a secure environment for your personal data. Therefore, we are committed to being transparent about how we collect and process your personal data.

The purpose of this privacy notice (“Privacy Notice“) is to inform you as a user about why and how we process your personal data (that is any information that can be linked or attributed to you, “Personal Data“) when you play our games that link to this Privacy Notice (“Games“). This includes information regarding how long we will retain your personal data, and which rights you have in relation to the processing.

The following games will be referred to as ‘Games’ in this document:

• My Dolphin Show

The Privacy Notice applies in addition to our terms of use and other policies. In the case of a contradiction between the Terms of Use and this Privacy Notice, this Privacy Notice will prevail.

If a game is for children or for a mixed audience, we do not serve interest-based advertising. We also do not actively collect information from users when they play a game directed at children.

 

About us

Azerion B.V., Beechavenue 182 1119 PX, Schiphol-Rijk, The Netherlands is responsible (“Data Controller“) for processing of your Personal Data.

If you have any questions, comments, or concerns about our processing activities, or you would like to exercise your data subject rights, please email us at dpo@azerion.com or call +184 34838199 If you are a parent and would like to review or delete personal data of your children, please contact us at dpo@azerion.com

What information does Azerion collect?

Azerion collects certain information when you play our Games. As a general principle, we do not collect and do not ask you to provide any “special categories of Personal Data”, which is any particularly protected information such as data concerning health, religion, political opinions or philosophical beliefs, sexual preferences or orientation. We may also collect information from third parties such as payment service providers.

We process the following types of your Personal Data:

Personal Data provided by you:

Information provided in relation to our customer service: When you contact support, we collect your contact details (your username and your email address), information about your request (subject and content of your request), and your device information (IP address for location analysis, device ID and user ID).

Information provided in relation to transaction and payment: When you make a purchase on our Games (e.g. new characters, skins or outfits) we collect information which is related to your transaction, for example the payment method, purchased items and date. We do not collect any card data or financial information, you will be redirected to app stores acting as payment providers for the transaction of your payment; we only receive payment confirmation details from our payment provider.

Information provided via social media: We manage various social media accounts and fan pages for our games. When you contact our fan pages, we collect your social media account details (your name or username and your profile photo) and information about your correspondence (contents of your message).

Personal Data we receive or generate from your use of our Games

Your usage: We collect information about how you play our Games. This information includes the actions you take within the game (e.g. your achievements such as the level reached, the items purchased within our Games and the amount you spent in our Games), the time and duration of your activity. Part of this information will be stored in your account (such as your in-game progress).

Personal Data we collect from third parties

Payment Providers: If you make an in-app purchase, the transaction will be processed by a third-party payment provider and will be subject to privacy policies of third-party payment providers. For these transactions, we do not receive any complete financial information (such as your full credit card information) but receive information which is related to your transaction, for example the payment method, amount, status and date.

For What Purpose Do We Process Your Personal Data?

When you play our Games, we use the information that we have about you:

• To provide you with our Games and associated websites, and continuously improve their features;
• To store your gaming history;
• To provide help desk and support services;
• To analyze the functioning of the Game and associated websites;
• To enable in-app purchases;
• To prevent fraud and crime;
• To enforce our policies and terms of use
• To meet legal and tax obligations.
• To determine the legal requirements for processing of your Personal Data (based on your location and your age)
• To keep records related to purchases
  

On which legal basis do we process your Personal Data?

Performance of a contract: We process your Personal Data for the performance of a contract or to take steps prior to entering into a contract to which you are a party. For example, where it is necessary to process your in-game purchase and the associated payment, in context of customer service, to support the operation of the game or facilitate the delivery of requested services.

Compliance with legal obligations to which we are subject: We process your Personal Data to comply with legal obligations, for example, in order to verify your age, for tax and accounting purposes or legal disputes.

Legitimate interests: We also process your Personal Data to the extent that the processing is necessary for our legitimate interests or those of third parties while applying appropriate safeguards that protect your privacy.

 

Where will my Personal Data be processed?

Our Games are hosted within the European Economic Area (EEA) and your personal data will be stored by Azerion in the EEA. To the extent that your personal data is processed by our partners in a country outside of the EEA, we have taken all such measures as are necessary to ensure an adequate level of protection for your personal data in accordance with the requirements of applicable data protection legislation including the execution of the European Commission’s standard data protection clauses (also known as Model Clauses).

 

How long do we store your Personal Data?

Your personal data will only be stored for a period necessary for your use of our Games for the purposes as described in this Privacy Notice or necessary for the establishment, exercise of defense of legal claims or resolving disputes. Afterwards, we will delete or anonymize your Personal Data. Please note that you always have the right to request erasure of your personal data, after which we will take reasonable measures to delete your personal data. However, you acknowledge that even if you have requested deletion of your personal data, we may retain some information.

 

Which third parties have access to your data?

We will not disclose your Personal Data to any party who is not authorised to process them. To manage our Games, we will share your Personal Data internally with members of our responsible departments, technical support or customer support involved in the gaming process and in each case only if access to your Personal Data is necessary for the performance of their roles.

Moreover, and only when necessary to fulfil the purposes mentioned above, we disclose your Personal Data to the following recipients or categories of recipients or allow the following third parties to collect your Personal Data in connection with your use of our Games. If you have any questions about how these third parties use your information, we recommend you review their policies and contact them directly.:

Hosting and content delivery: Our Games are hosted by external companies providing servers. Every time you make a request, for example by clicking on a link on our Games, the information allowing this request (e.g. device information and information on requested content) as well as online identifiers (your IP address) will be sent to the external servers. This data is used to show you the content you requested. We process this data on the basis of legitimate interest, to provide our Games and ensure their functionality.

Payment Service Providers: Azerion may also use third-party payment service providers (“PSP“), offering payment transaction services to Azerion in order to sell a product or service through our Games. The PSP acts a data controller with regards to the personal data related to the transactions processed for the purpose of purchasing the product or service. The transaction data may include your personal details, your payment card details, and the transaction details. Whenever you buy something in our Games (e.g., a virtual game item), the information that you provide to the PSP is subject to their privacy policies, not ours. The legal basis for this processing is the performance of a contract. After you have purchased a product or service, Azerion and the PSP have a legal requirement to retain your information for a legally determined period of at least 7 years. Azerion shall be allowed to notify a PSP regarding a user that engages in (or who a party believes has engaged in) any activity that is illegal, that violates any person’s rights, or that led to such a user’s suspension or termination of use of the Games. Azerion shall be allowed to notify a PSP regarding a user who engages in (or who a party believes has engaged in) any activity that is illegal, that violates any person’s rights, or that resulted in such user’s suspension or termination of use of a Game.

Customer Support Partners: Azerion uses third party service providers in order to offer our users customer support services. We may share personal data such as the communication content, IP address, email address, and username (“Correspondence Data“) with these partners. The Correspondence Data may be processed by Azerion and business partners for the purpose of communication with you, blocking users, changing email addresses, reactivating or blocking accounts, adding or removing in-game items, and other customer support services. The legal basis for the processing of the Correspondence Data is performance of contract.

Partner networks: Azerion may use partner network providers who assist us to distribute the Game in order to enable as many gamers as possible to play the Game.

Law enforcement, government authorities or courts: We disclose your Personal Data in response to lawful requests from public authorities, including law enforcement, government authorities, supervisory authorities or courts.

Other third parties: We also disclose your Personal Data in the event of any contemplated or actual reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business or assets (including in any insolvency or similar proceedings).

 

Your rights

To the extent permitted by applicable data protection laws and regulations, you have the following rights in relation to your Personal Data:

• Access to the Personal Data we hold about you
• Request the update or correction of your Personal Data
• Receive your Personal Data in a structured, commonly used and machine-readable format
• Request the deletion of your Personal Data where there is no good reason for us to continue to process it
• Restrict the processing of your Personal Data
• Withdraw your consent
• Right to object

If you wish to exercise these rights, you can by sending a written request to Azerion B.V., Beechavenue 182 1119 PX, Schiphol-Rijk, The Netherlands, detailing your request, (to prevent misuse of requests for information), or sending an email containing your request to: dpo@azerion.com.

Azerion does not knowingly process personal data from anyone under the age of 16 without parental consent. In the event we find out that we have processed personal data of anyone under the age of 16 without parental consent, we will promptly delete such data. Parents of users under the age of 16: if you wish to have access to your child’s personal data to view, correct, or delete the information that we have collected about your child, please send a written request to Azerion B.V., Beechavenue 182 1119 PX, Schiphol-Rijk, the Netherlands, detailing your request along with a copy of your passport (to prevent misuse of requests for information), or send an email with all such information to dpo@azerion.com. After verification, the copy of your passport will be shredded.

In the event you have any questions or concerns in relation to the processing of your personal data, you can send an email to our Data Protection Officer by email at dpo@azerion.com.

If you are not satisfied with our responses and/or support to resolve your concerns, you have the right to lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) Member State where you work, normally live, or where any alleged infringement of data protection laws occurred.

 

How do we protect your Personal Data?

Azerion has implemented appropriate measures to safeguard and help prevent unauthorized access, to maintain data security, and to correctly use the information we collect in relation to our Games. We update and test our security standards on an ongoing basis.

 

Miscellaneous

We regularly review this Privacy Notice and we reserve the right to make amendments. Amendments will be effective from the moment of publication, so please check regularly to be sure you are familiar with the latest version. When there is a material change that will have a relevant impact on the processing of your Personal Data, we will inform you with a message or notification on our Games.

This Privacy Policy shall be governed by the laws of the Netherlands and submitted to the exclusive jurisdiction of the courts in the Netherlands.

If you have any additional questions about this Privacy Notice or how we use your Personal Data or if you wish to exercise any of your rights, please contact us via e-mail to dpo@azerion.com.

This Privacy Notice was last updated on:

Version: 1.0 Last Updated: 18.05.2021