This Privacy Policy (“Policy”) explains how Tilting Point Media LLC and Tilting Point Media S.L. (collectively referred to as “Tilting Point”, “we”, “us”, or “our” in this Policy) collects, stores, uses, or otherwise processes personal data of end users of our games for Apple Arcade (“Games for Apple Arcade”) (referred to as “you” or “your” in this Policy), and what rights you have if we are processing your personal data.
This Policy applies only to our Games for Apple Arcade. For information about Tilting Point’s privacy practices in connection with our websites and other games or services, please visit our general privacy policy available at https://www.tiltingpoint.com/privacy-policy/.
We use the term “your data” or “personal data” to refer to data that relates to you as an identified or identifiable individual (such as your name or email address), including non-personal data that can be combined with other data to potentially identify you. You must read and accept this Policy before accessing or using our Games for Apple Arcade so that you are aware of how and why we may use data relating to you.
- 1. DATA CONTROLLER
- 2. CONTACT INFORMATION
- 3. WHAT DATA DO WE PROCESS?
- 4. WHY DO WE PROCESS YOUR DATA AND ON WHAT BASIS?
- 4.1. Legal Basis
- 5. WHERE DO WE COLLECT YOUR DATA FROM?
- 6. WHO DO WE SHARE YOUR DATA WITH?
- 7. HOW LONG DO WE KEEP YOUR DATA?
- 8. HOW DO WE KEEP YOUR DATA SECURE?
- 9. YOUR PRIVACY RIGHTS
- 10. INTERNATIONAL TRANSFER
- 11. NOTE FOR CALIFORNIA RESIDENTS
- 11.1 Notice At Collection
- 12. NOTE FOR NEVADA RESIDENTS
- 13. CONTROLLING LANGUAGE
- 14. CHANGES
1. DATA CONTROLLER
By “data controller”, we mean an entity that determines how and why personal data is processed. With regard to the personal data we process as described in this Policy, we are the data controller.
While operating the Games for Apple Arcade, we may share your data with partners we work with. Some of these partners are data controllers independently of us and, therefore, independently determine how and why they process your data. For more information on these partners and the ways in which they may process your data with them, please refer to Section 6 (WHO DO WE SHARE YOUR DATA WITH?).
2. CONTACT INFORMATION
In matters related to this Policy, you can reach us by email at privacy@tiltingpoint.com. You can also reach us by mail at Tilting Point Media LLC, 360 NW 27th Street, Miami, FL 33127, USA, and at +1 646-397-3616.
3. WHAT DATA DO WE PROCESS?
We collect limited information about you in our Games for Apple Arcade. We collect:
(a) Game Profile Information
During your gameplay experience, the Game for Apple Arcade will generate information about your Game for Apple Arcade experience that cannot be used by us to identify you. This information is stored locally on your device and may also be saved to Apple’s servers in accordance with terms governing your relationship with Apple. This information will not be transferred to our servers without your permission. We call this your “Game Profile”.
(b) Email address for customer support
If you choose to contact customer support, your communication to us will be sent via email or our support site . Our customer support platform will store your email address so we can reply to your message.
We do not expect or intend to collect or otherwise process any special categories of data relating to you. By special categories of data, we mean genetic, biometric or health information, information revealing racial or ethnic origin, sex life or sexual orientation, political opinions, religious or philosophical beliefs or trade union membership, or information about your criminal offences or convictions. Please do not provide this kind of information to us or use the Games for Apple Arcade to make it available to others.
4. WHY DO WE PROCESS YOUR DATA AND ON WHAT BASIS?
4.1. Legal Basis
When we process or collect your data, we ensure that we have a legal basis to do so. Below, you can find examples of the different purposes for which we process your data and the legal basis we have for each of those reasons.
To perform our contract with you (e.g. the license we grant to you to use our Games for Apple Arcade in accordance with the Terms of Service ), we may process your data as necessary to:
- enable you to play our Games for Apple Arcade,
- provide the correct version of our Games for Apple Arcade to you (for example, selecting an appropriate language version for you),
- where available, provide social features (for example, clans, matchmaking, or leaderboards) or events in our Games for Apple Arcade,
- send you service-related communications (for example, technical notices, security alerts, or administrative messages), or
- handle your support requests or otherwise manage our relationship with you.
Based on our legitimate interest to constantly improve and promote our Games for Apple Arcade, we may process your data to:
- operate and maintain our Games for Apple Arcade (for example, by making sure our Games for Apple Arcade are secure and function as intended), or
- troubleshoot or debug any bugs, errors, or other issues in our Games for Apple Arcade.
Based on our legitimate interest to make sure our Games for Apple Arcade are a fair and safe environment for all users, and to maintain security for our Games for Apple Arcade and business, we may process your data to:
- ensure that our Terms of Service are followed,
- establish, exercise, or defend our legal rights to the extent permitted by applicable laws and regulations.
Finally, we may process your data as necessary to:
- comply with legal obligations which apply to us (including accounting and tax requirements and requirements to provide information to competent authorities upon due request), or
- protect your vital interests or the vital interests of another person.
5. WHERE DO WE COLLECT YOUR DATA FROM?
We may collect data relating to you from the following sources:
- directly from you when you submit it to us (for example, when sending support enquiries to us),
- directly from you and/or your device by automatic means when you use our Games for Apple Arcade, or
- with your consent, from other sources explained to you when asking for your consent.
Providing data to us is not mandatory. However, we are unable to provide the Games for Apple Arcade, or some parts or features of the Games for Apple Arcade, without processing your data. If you use our Games for Apple Arcade, we will collect data relating to you for some or all of the purposes described in this Policy, depending on the Games for Apple Arcade you decide to use and your choices when using them.
6. WHO DO WE SHARE YOUR DATA WITH?
We may share your data with third parties to achieve the purposes described in this Policy. This may include sharing data with the following types of recipients:
- other companies in the Tilting Point group (which includes our parents and subsidiaries) or our Game or Games for Apple Arcade related affiliates, for example where they help us develop or operate our Games or other Games for Apple Arcade;
- persons or companies outside of the Tilting Point group that provide services to us and process data on our behalf when providing those services (for example, providers of hosting services, customer support software providers, services that add functionality to the Games for Apple Arcade, or other services that help us develop and operate our Games for Apple Arcade);
- prospective or actual buyers or investors (including their agents or advisors) in the context of a planned or actual acquisition, merger, or other business restructuring,
- competent courts of law or other government authorities where disclosure is necessary as a matter of applicable law or regulation,
- any person or entity where we believe disclosure is necessary to exercise, establish or defend our legal rights or to protect your or another person’s vital interests, or
- with any other person or entity with your consent.
7. HOW LONG DO WE KEEP YOUR DATA?
We will keep your data for as long as necessary to achieve the purpose(s) for which it was collected, including to provide you with the Games for Apple Arcade or to comply with any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements. We may periodically delete or de-identify inactive accounts or other data in our Games for Apple Arcade. After the applicable retention period necessary for safe performance of Games for Apple Arcade, we will either delete or de-identify your data or, if neither deletion or de-identification is possible (for example, due to data being stored on a backup server), isolate your data from further processing until deletion or de-identification is possible. We may continue to use data that is not identifiable to you (for example, aggregate data).
8. HOW DO WE KEEP YOUR DATA SECURE?
We have adopted measures to provide your data a level of security appropriate for the degree of risk involved with the data processing activities described in this Policy. These measures are designed to protect your data against accidental or unlawful destruction, loss, or alteration as well as unauthorized disclosure or access. The specific measures we employ vary depending on the sensitivity of the data, but typically include, for example, encryption, pseudonymization of identifying data where feasible, physical and technological controls to limit access to services or systems that contain personal data, and maintaining procedures to handle any suspected security incidents.
9. YOUR PRIVACY RIGHTS
With respect to our processing of your data, you may request to:
- access, correct, or delete your data,
- restrict our processing of your data,
- object to our reliance on our legitimate interests as the basis of our processing of your data that impacts your rights or our use of your data for automated decision-making for direct marketing purposes,
- be informed about which third parties have received your data,
- receive a copy in machine-readable format of the personal data we have collected from you pursuant to this Policy,
- where technically feasible, that your data is transmitted to another controller,
- know whether we are processing data about you and to obtain certain details about the data we have collected about you including, where applicable:
- the categories of personal data collected;
- the categories of sources from which we collected the personal data;
- the purposes for which the personal data were collected;
- the categories of personal data disclosed to third parties (if any);
You are entitled to exercise the rights described above free from discrimination in the form of legally prohibited increases in the price or decreases in the quality of our products and services.
Please note, the rights listed above are not absolute, and, in some cases, we may not be able to respond to your request, such as when a legal exemption applies or if we are not able to verify your identity. In addition, please note that all rights may not apply in your specific jurisdiction. To access your data in our Games for Apple Arcade or to request its correction or deletion, please contact us atprivacy@tiltingpoint.com.
Due to technological limitations, broadcasting the GPC signal and any other browser settings that you set when visiting our website will not apply to your activity in our Games for Apple Arcade, so any opt-out requests must be managed using the instructions above.
To exercise any of your rights, you may also contact us atprivacy@tiltingpoint.com. To fulfill requests submitted by email, we may need to confirm your identity to verify your request. For example, we may ask you to provide additional information about the account to which the request relates to enable us to confirm that you are the account holder or acting on their behalf.
Where permitted by law, you may also authorize an agent to submit the requests above on your behalf. If you do so, we may require proof of your identification, the authorized agent’s proof of identification, and other information that we may need to verify the request, including evidence of valid permission for the authorized agent to act on your behalf.
While we will usually not do so, we reserve the right to charge you an appropriate fee for the exercise of your rights where permitted by applicable laws and regulations. If you believe that we have infringed your privacy rights, please contact us atprivacy@tiltingpoint.com so we can try to resolve the issue. If you are an EU resident, you have the right to lodge a complaint with your local supervisory authority , and you may also reach our EU representative (Tilting Point Media S.L.) via mail (c/ Laforja, 12, pral 1a 08006, Barcelona, Spain).
If you wish to appeal a decision that we made about a request you submitted, you may submit your appeal by emailing us at privacy@tiltingpoint.com. If you have concerns about the results of your appeal, depending on your state of residency, you have the ability to contact the Attorney General or Department of Justice in your state.
10. INTERNATIONAL TRANSFER
Tilting Point is a company based in the United States and, in order to provide you the Games for Apple Arcade, your data will be transferred to the US for processing and will be stored on Amazon Web Services. By using Games for Apple Arcade, you acknowledge and consent to the processing of your data in the United States.
Since the United States is considered a country that does not ensure “an adequate level of protection,” according to the art. 45 of the General Data Protection Regulation (“GDPR”), Tilting Point relies on specific appropriate safeguards as well as derogations for safe transfer provided in the art. 46 and 49 of the GDPR. Namely, Tilting Point collects and transfers your data to the United States only due to the following circumstances: 1) because we entered into a contract with the Amazon Web Services or another service provider incorporating standard data protection clauses; 2) to perform a contract (providing you with the Services under our Terms of Service ); 3) your consent.
11. NOTE FOR CALIFORNIA RESIDENTS
This section applies only to California residents when we act as a “business” as defined under the California Consumer Privacy Act (”CCPA“), and their rights with respect to their personal information. For purposes of this section, “personal information” has the meaning given under the CCPA.
11.1 Notice At Collection
Categories of personal information we collect, use, and disclose are described more fully in Section 3 (WHAT DATA DO WE PROCESS?). The sources of our collection of personal information are described above in Section 5 (WHERE DO WE COLLECT YOUR DATA FROM?).
The business and commercial purposes for which we collect and use personal information are described in Section 4 (WHY DO WE PROCESS YOUR DATA AND ON WHAT BASIS?).
We do not collect sensitive personal information (as defined under the CCPA).
Section 6 (WHO DO WE SHARE YOUR DATA WITH?) describes the categories of third parties to whom we disclose personal information. Any of the categories listed above may be disclosed, or have been disclosed in the preceding 12 months, to these categories of third parties to operate our business or for the other business purposes described in this Policy.
12. NOTE FOR NEVADA RESIDENTS
Nevada Revised Statutes Chapter 603A allows Nevada residents to opt-out of the “sale” of certain types of personal data. Subject to several exceptions, Nevada law defines “sale” to mean the exchange of certain types of personal data for monetary consideration to another person. If you are a Nevada resident who wishes to exercise your “sale” opt-out rights, you may submit a request to us using the contact information listed at the top of this Policy.
13. CONTROLLING LANGUAGE
This Policy may be provided as a courtesy in multiple languages, however, the English language version of this Policy shall control in the event of any ambiguity between the English version and a version provided in another language.
14. CHANGES
We may update this Policy from time to time, for example due to changes in our operations or the legal obligations that apply to us. Updates will be made available here. We may also inform you of any changes by other means that are appropriate to the significance of the changes.