Last Updated: July 11, 2019
You can find our Terms of Service here: http://mobilityware.com/terms-and-service
WHO WE ARE
MobilityWare develops and publishes games for mobile devices. “MobilityWare”, “we” or “us” refers to MobilityWare, LLC and its subsidiaries, parent companies, joint ventures, and other corporate entities under common ownership and/or any of their agents, consultants, employees, officers and directors.
For the purposes of the EU General Data Protection Regulation 2016 (the “GDPR”), MobilityWare LLC is the “controller” and responsible for your personal information.
- Email address:
- Postal address: MobilityWare LLC, 440 Exchange, Suite 100, Irvine CA 92602
- Telephone number: (949) 788-9900
VeraSafe has been appointed as MobilityWare’s representative in the European Union for data protection matters, pursuant to Article 27 of the GDPR. VeraSafe can be contacted, in addition to MobilityWare, for matters related to the processing of your personal data only. To make such an inquiry, please contact VeraSafe using the details set out below:
- Online form:
- Postal address: VeraSafe Netherlands BV, Keizersgracht 391 A, 1016 EJ Amsterdam, The Netherlands
- Telephone number: +420 228 881 031
Information You Provide
We collect information that you voluntarily provide MobilityWare, such as when using our Services or registering an account with us, participating in a promotion or survey, requesting customer support or otherwise communicating with us. The type of information that we may collect includes your first and last name, email address, precise geo-location, phone number, DOB, gender, friend connections, credit card information, photograph, avatar images, password, forum posts, or other identifying information you choose to provide
Information We Collect Automatically
When you use our Services, we automatically collect information about you, including:
Use Information: We collect information about your use of the Services, including the type of browser you use, access times, pages viewed, game play activity, interactions with other players, your IP address and the page you visited before navigating to our Services
Information We Collect from Other Sources
HOW WE USE YOUR INFORMATION
We will process your personal information for the following purposes as is necessary for the performance of a contract between you and us (including our Terms of Service), or to answer questions or take steps at your request prior to entering into a contract:
Create your game accounts and allow you to play our games;
Administer your account on any of our Services
Facilitate communication between players;
Fulfill your purchase and send you an order confirmation;
Provide technical and customer support;
Respond to inquiries that you may have about our Service
Enable you to post your resume and contact or be contacted by MobilityWare; and
Confirm your identity.
We will process your personal information for the following purposes as necessary for certain legitimate interests, or where you have given your informed consent to such processing if required by applicable law (such consent can be withdrawn at any time):
Identify, suggest, and facilitate connections with other players and personalize our Services to you;
Manage and deliver contextual and behavioral advertising;
Notify players of in-game updates, new products, promotions, and/or other marketing communication;
Administer rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored by MobilityWare or our business partners, and notify contest winners and award prizes; and
Monitor and analyze usage and trends in connection with our Services;
We will process your personal information for the following purposes as necessary in our legitimate business interests, (provided such interests are not overridden by your interests or fundamental rights):
Operate, improve, and optimize our Services;
Protect safety and well-being of our players;
Protect our legal rights and property in connection with our Services;
Prevent fraud or potentially illegal activities and enforce our Terms of Service;
Investigate potential violations of our policies and Terms of Service;
Comply with our legal obligations, resolve disputes that we may have with you or other players, and to enforce our policies and agreements including our Terms of Service with third parties;
Conduct research; and
Carry out any other purpose for which the information was collected.
We may process your personal information in order to protect your vital interests or the vital interests of another person.
We may use the information you provide about your friends via referral services made available through our Services (such as “Tell a Friend”) for the sole purpose of sending this one-time email and tracking success of our referral program. If you choose to use such a referral service, we will automatically send your friend a one-time email inviting him or her to download our Services.
DATA PROCESSING IN THE UNITED STATES
MobilityWare is headquartered in the United States. By accessing or using the Services or otherwise providing your information to us, you acknowledge that your personal information may be accessed by us or transferred to us in the United States and to our affiliates, partners, and service providers who are located around the world; and that your personal data will be transferred to, and stored and processed in, the United States or elsewhere in the world where our servers are located.
HOW WE SHARE YOUR INFORMATION
We may use, disclose to our partners and vendors acting on our behalf; or to publish aggregated, anonymous information about our players for industry analysis, demographic profiling, marketing, analytics, provision of advertising, and other business purposes.
We may share your information, including personal information, with third parties or allow third parties to collect this information from our Services, as follows:
With other players in connection with the social features of the Services (e.g. your username, profile picture and virtual content may be visible to other users of that game);
We may disclose personal information in response to a request for information if we believe disclosure is in accordance with any applicable law, regulation, or legal process; or is otherwise required by any applicable law, rule or regulation;
We may disclose your personal information if we have a reason to believe that a disclosure is necessary to address a potential or actual injury or interference with our rights, property, operations, users or other who may be harmed or may suffer loss or damage, or we believe such disclose is necessary to protect MobilityWare’s rights;
Any information that you share in the course of contributing to user-generated content to our Services, such as forums, blogs or the like is public information and there is no expectation of privacy or confidentiality. MobilityWare is not responsible for any personal information that you choose to make public in any of these forums; or
In connection with, or during negotiations of any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
MANAGING YOUR INFORMATION
MobilityWare does not verify the accuracy of your personal information and the correctness of this information is solely your responsibility. However, we make good faith efforts to enable you to update, confirm, or delete (or otherwise de-identify) your personal information in our possession.
Upon request, MobilityWare will let you know whether we hold any of your personal information. You may access, correct, or request deletion of your personal information by opening a help ticket directly in-game via the Help section; emailing us at email@example.com, or contacting us via our physical address provided below. We will need sufficient information from you to establish your identity in order to fulfill your request. In some cases, we may not be able to remove your personal information, in which case we will notify you via email that we are unable to do so and why.
Your European Rights
If you are based in the EU, in certain circumstances you have rights under data protection laws in relation to personal information we hold about you - specifically:
Request access to your personal information. You have the right to request access to any personal information we hold about you as well as related information, including the purposes for processing the personal information, the recipients or categories of recipients with whom the personal information has been shared, where possible, the period for which the personal information will be stored, the source of the personal information, and the existence of any automated decision making.
Request correction of your personal information. You have the right to obtain without undue delay the rectification of any inaccurate personal information we hold about you.
Request erasure of your personal information. You have the right to request that personal information held about you is deleted.
Request restriction of processing your personal information. You have the right to prevent or restrict processing of your personal information.
Request transfer of your personal information. You have the right to request transfer of personal information directly to a third party where this is technically feasible.
You may exercise your rights by opening a help ticket directly in-game via the Help section; emailing us at or contacting us via our physical address provided above.
We may need additional information from you to establish your identity in order to fulfill your request. In some cases, we may not be able to delete your personal information, in which case we will notify you via email that we are unable to do so and why.
With your consent, we may send push notifications (or “alerts”) to your mobile device to provide game activity information, service updates, promotional communications and other related messages. You can deactivate push notifications by changing your notifications settings via your mobile device.
You may opt out of receiving promotional messages from MobilityWare by following the instructions in those messages or contacting us at firstname.lastname@example.org. If you opt out, we may still send you transactional or relationship messages, such as those about your account or our ongoing business relations.
If you are based in the EU, we will only send you promotional messages where you have provided your consent in line with applicable law. You may withdraw your consent by following the instructions in those messages or contacting us at email@example.com. If you withdraw consent, we may still send you transactional or relationship messages, such as those about your account or our ongoing business relations.
When you use a smart phone or other mobile device to access our Services, with your permission we may collect your geo-location information to optimize user experience, such as for localization accuracy, language display, or the provision of relevant advertising. We will only collect such information if (a) “location services” for the mobile application is enabled; and (b) the permissions in the mobile device allow communication of this information. If you have previously allowed us access to your geo-location data, you can opt out of making this information available to us by visiting your mobile device’s settings for the relevant application or the “settings” page for the relevant game.
Third Party Tailored Advertising
Please note, you may still receive advertisements from third parties within MobilityWare’s games even if you withdraw consent or opt-out of tailored advertising but they will not be based on your activity across unrelated websites or apps.
THIRD PARTY SERVICES
DO NOT TRACK
At this time, there is no general agreement on how companies like MobilityWare should interpret Do Not Track signals. MobilityWare does 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.
USE BY MINORS
If you are under the age of 18, you must obtain your parent’s permission to access the site and our games. If you are under the age of 13, you are not permitted to access the site, use any of our Services, or play any of our games. This site and all of our games are not intended for children under the age of 13 and we do not knowingly market to or collect, use or disclose information from children under the age of 13. If MobilityWare learns that we have inadvertently gathered personal information from children under such age, MobilityWare will take reasonable measures to promptly erase such personal information from our records.
How long we retain your information depends on why we collected it and how we use it. We generally retain your personal information as long as your account is active and for no longer than is necessary for the purpose for which such personal information is processed. Please note, however, that we may retain and use your personal information as necessary to comply with our legal obligations, to resolve disputes, and to enforce our agreements and rights, or if it is not technically and reasonably feasible to remove such information from our databases. Consistent with these requirements, we will endeavor to delete your personal information promptly upon your written request.
MobilityWare takes appropriate technical and organisational measures to help protect the security, integrity, and privacy of your information in our possession.