PRIVACY POLICY

Last Updated: July 11, 2019

You can find our Terms of Service here: http://mobilityware.com/terms-and-service

Your right to privacy is one of our primary concerns. This Privacy Policy applies whenever you play our games or otherwise access any of our other products, services, content and/or website www.mobilityware.com (together, our “Services”). This Privacy Policy describes how MobilityWare collects, uses and discloses information about you collected through our website and Services. 

BY INSTALLING, USING, REGISTERING TO OR OTHERWISE ACCESSING OUR SERVICES, YOU AGREE TO THIS PRIVACY POLICY AND GIVE AN EXPLICIT AND INFORMED CONSENT TO THE PROCESSING OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, YOU MAY NOT PLAY MOBILITYWARE’S GAMES OR OTHERWISE USE OUR SERVICES.


MobilityWare reserves the right to periodically modify this Privacy Policy. We encourage you to review the Privacy Policy from time to time for the latest information on our privacy practices. If we make any changes to the Privacy Policy, we will revise the date at the top of the Privacy Policy with an updated revision date. In case of material or significant changes, we may provide an additional notice (such as emailing you, or placing a notice on our website or in-game). Please note that your continued use of our Services will signify your acceptance of any updates to this Privacy Policy.

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. 
 

The terms “personal information” or “personal data” as used in this Privacy Policy shall mean any information that enables us to identify you, directly or indirectly, by reference to an identifier such as your name, identification number, location data, online identifier or one or more factors specific to you. 
 

For the purposes of the EU General Data Protection Regulation 2016 (the “GDPR”), MobilityWare LLC is the “controller” and responsible for your personal information.  
 

We have appointed a data privacy manager who is responsible for overseeing questions in relation to this Privacy Policy. If you have any questions about this Privacy Policy, including any requests to exercise your legal rights, please contact the data privacy manager using the details set out below:

 

-    Email address: privacy@mobilityware.com
-    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: https://www.verasafe.com/privacy-services/contact-article-27-representative  
-    Postal address: VeraSafe Netherlands BV, Keizersgracht 391 A, 1016 EJ Amsterdam, The Netherlands
-    Telephone number: +420 228 881 031

CHANGES TO THIS PRIVACY POLICY

MobilityWare reserves the right to periodically modify this Privacy Policy. We encourage you to review the Privacy Policy from time to time for the latest information on our privacy practices. If we make any changes to the Privacy Policy, we will revise the date at the top of the Privacy Policy with an updated revision date. In case of material or significant changes, we may provide an additional notice (such as emailing you, or placing a notice on our website or in-game). 

INFORMATION COLLECTION

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:

  • Device information: We collect device specific information when you access our Services from a mobile device, including your hardware model, operating system and version, unique device identifiers, device software platform and firmware, data about usage of our Services while connected to devices that you authorize us to integrate, geographical data and mobile network information, and other anonymous or aggregated data as reasonably required by MobilityWare to enhance our Services and products. We may on occasion match or combine the information automatically collected from your device with personal information we obtain from you or other sources, including publicly available databases or third parties from whom we have purchased data or that is already in our records. This sort of combined information may be used in the ways described in this Privacy Policy.
     

  • 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 Collected by Cookies and Other Tracking Technologies: We, and our partners acting on our behalf, use cookies, web beacons, and similar technologies to collect information about the pages you view, your movements around our website, the links you click and other actions you take on our Services. We may also use this technology to gather demographic information about our user base as a whole. We may receive reports from our partners (e.g. Google Analytics) providing us with this collected information on an individual and aggregated basis based on your use of our Services. You can control the user of certain cookies at the individual browser value. Please review your browser or device setting for more information. If you reject cookies, you may still use our website and Services, but your ability to use some features may be limited. Web beacons are electronic images that may be used in our Services or emails to help deliver cookies, count visits, understand usage and campaign effectiveness, and determine whether an email has been opened and acted upon. We also use mobile analytics software to allow us to better understand the functionality of our mobile software on your devices. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. For more information about how we use cookies and similar technologies, please see our Cookie Notice.

Information We Collect from Other Sources
We may also collect information from features and functions offered by other sources such as social networking sites like Facebook, Twitter or LinkedIn. These features may collect your IP address, pages you visit on our website, or set a cookie to enable the feature to function properly. Please note that these features are subject to the privacy policy associated with the third parties providing them. For example, if you create or log into your account through a social media site, we will have access to certain information from that site, such as your name, account information, profile picture, phone number, email address, gender, date of birth, and friends list. We may process, use, combine, disclose, and retain such information in accordance with this Privacy Policy. In some instances, you may log in to our website or Services using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity, provide you the option to share certain personal information with us (such as your name and email address) and to pre-populate our sign up form. Services like Facebook Connect give you the option to post information about your activities on our website or Services to your profile page to share with others within your network.

HOW WE USE YOUR INFORMATION

We may use and retain the information that we collect about you for various purposes, in accordance with this Privacy Policy and the applicable law.

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. 

 

If you are based in the EU, we will only process your personal information for a purpose described in this Privacy Policy if (1) you have provided your consent (which can be withdrawn at any time), (2) the processing is necessary for the performance of a contract we are about to enter into or have entered into with you, (3) we are required by law, (4) processing is required to protect your vital interests or those of another person, or (5) the processing is necessary for the purposes of our legitimate commercial interests (except where such interests are overridden by your rights and interests).

HOW WE SHARE YOUR INFORMATION

We may share and transfer your information (both inside and outside the country you live in) as provided in this section or as otherwise described in this Privacy Policy.

 

Non-Personal 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.

 

Personal Information

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 your consent or at your direction and in some ways not specifically described in this Privacy Policy, including if we notify you through our Services that the information you provide will be shared in a particular manner and you provide such information;

  • We may use third party service providers such as credit card processors, email service providers, shipping agents, data analyzers and business intelligence providers; when we transfer any of your personal information to such a third party service provider, that entity will be contractually required, among other things, (a) to use such information only to carry out those services that we have requested, (b) to abide by this Privacy Policy, and (c) to provide adequate protection for such information (as required by applicable legal requirements);

  • 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;

  • MobilityWare may create co-branded webpages or games with our third party partners or contractors and in connection with these relationships we may pass your personal information to these partners in order to offer these co-branded Services. Such transfers are covered by our Privacy Policy, our agreements with those partners and our co-branding partners’ privacy policies. We make reasonable commercial efforts to ensure that all our third party partners and contractors adhere to the terms and conditions of our Privacy Policy;

  • 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 privacy@mobilityware.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 privacy@mobilityware.com 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.

Where you believe that we have not complied with our obligation under this Privacy Policy or European data protection law, you have the right to make a complaint to an EU Data Protection Authority. 

Push Notifications

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.

Promotional Communications

You may opt out of receiving promotional messages from MobilityWare by following the instructions in those messages or contacting us at privacy@mobilityware.com. 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 privacy@mobilityware.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.

Geo-location Information

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

We use cookies to present tailored advertising, provided you have given your consent if required by applicable law.  For information about how we use cookies, including how you can withdraw consent or opt-out, please see our Cookie Notice

 

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

Our website or Services may contain links to other websites or online services or allow others to send you such links.  A link to a third party’s website or online service does not mean that we endorse it or that we are affiliated with it.  We do not exercise control over third-party websites or online services.  You access such third-party websites or online services at your own risk.  You should always read the privacy policy of a third-party website or online service before providing any information to the third party.

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.

DATA RETENTION

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.

SECURITY

MobilityWare takes appropriate technical and organisational measures to help protect the security, integrity, and privacy of your information in our possession.

CONTACT US

If you have any questions or concerns about this Privacy Policy, including any requests to exercise your legal rights, please contact us at privacy@mobilityware.comthe data privacy manager using the details set out below:

GAMES      SUPPORT      ABOUT

CULTURE     CAREERS      CONTACT

© 2003-2018 MobilityWare. All rights reserved. iPhone™, iPad™, and iPod touch® are trademarks of Apple Inc. Android™ is a trademark of Google Inc. Amazon™ is a trademark of Amazon, Inc. All other trademarks referenced herein are registered trademarks of their respective companies.

Copyright     |     Privacy     |      Cookie Notice     |     Sweepstakes     |      Terms of Service     |     Unsolicited Idea Submission Policy