PRIVACY POLICY FOR APPLE ARCADE TITLES

Last Updated: March 18, 2021.

This Privacy Policy (“Policy”) explains how Tilting Point Media LLC (referred to as “Tilting Point”, “we”, “us”, or “our” in this Policy) collects, stores, uses, or otherwise processes the 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. 

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

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. Our company name is Tilting Point Media LLC. Our address is 521 Fifth Avenue Floor 21, New York, NY 10175, USA.

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 why we may share your data with them, please refer to section 6 of this Policy.

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 521 Fifth Avenue Floor 21 New York, NY 10175, USA.

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 non-personal information about your Game for Apple Arcade experience. This information 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?

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:

• create and maintain an account for you in our Games for Apple Arcade where applicable, and track your performance in Games for Apple Arcade,
• 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, 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).

Based on our legitimate interest to make sure our Games for Apple Arcade are a fair and safe environment for all users and for our business, we may process your data to:

• moderate and monitor the use of our Games for Apple Arcade (including any messages sent through the Games for Apple Arcade), either automatically or manually, 
• ensure that our Terms of Service are followed,
• detect, investigate, or prevent fraud or fraudulent or otherwise unauthorized behavior,
• audit our operations or processes (for example, to verify that they function as intended and according to regulatory or contractual requirements),
• establish, exercise, or defend our legal rights to the extent permitted by applicable laws and regulations,
• 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 registering an account with us, subscribing to our communications, sending support enquiries to us, or responding to our surveys),
• directly from you and/or your device by automatic means when you use our Games for Apple Arcade,
• 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.

In addition, please consider that some information you submit or make available through the Games for Apple Arcade may be visible to other users of our Games for Apple Arcade. This typically applies to, for example, your public profile information in our Games for Apple Arcade (such as your in-game alias), your chat messages in our Games for Apple Arcade, and information used to provide social features such as clans or leaderboards. We encourage you to carefully consider what information you wish to share in this manner.

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. 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 RIGHTS

With respect to our processing of your data, you may:

• access, correct, or request the deletion of your data,
• request us to restrict our processing of your data,
• object to our use of your data for automated decision-making for direct marketing purposes,
• be informed about which third parties have received your data,
• request a copy in machine-readable format of the personal data we have collected from you pursuant to this Policy,
• where technically feasible, request that your data is transmitted to another controller.

You may also withdraw your consent for processing your data at any time. Please be aware that we may continue processing your data despite your withdrawal of consent, if we also have another lawful basis for doing so. To access your data in our Games for Apple Arcade or to request its deletion, please contact us at privacy@tiltingpoint.com. In case we share any marketing communications with you, you may choose to unsubscribe from them by using the unsubscribe link provided in the messages we send. The unsubscribe link is typically found at the end of the message. 

To exercise any of your rights, you may also contact us at privacy@tiltingpoint.com. To fulfill requests submitted by email, we may need to confirm your identity to verify your right to make the request, which may involve requesting additional information from you. For example, we may ask you to provide sufficiently detailed 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. 

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 so that 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).

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, 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

If you are a California resident, please be aware that under the California Consumer Privacy Act of 2018, as amended (“CCPA”), you are entitled to specific rights regarding your data. Besides other rights outlined in this Policy, California residents have the following rights:

– The right to opt out of the sale of your personal information. We do not sell your personal information in exchange for money. However, we may disclose a limited amount of your personal information (i) to our advertising partners to enable them to deliver an ad that is relevant to you or (ii) to our marketing partners to enable them to send you relevant offers when you have opted in to such communication. This includes the following categories of your personal information:

• identifiers (generally including an advertising ID and your IP address for ad partners and name and email for marketing partners); and
• internet or other electronic network activity information (including technical information required to select and deliver the appropriate ad type and format).

Because this disclosure of information could be deemed a “sale” in the meaning of the CCPA, we either ask for your explicit consent or provide a means for you to direct us to not disclose your personal information to our advertising or marketing partners for the above purposes. To exercise your right to opt-out, please contact us at privacy@tiltingpoint.com or decline to give consent to such sharing within a Game when you see a message asking for consent.

If we have actual knowledge that you are under 16 years old, we will not sell your personal information without affirmative authorization.

– Non-Discrimination. You have the right to not be discriminated against for exercising your rights under the CCPA.

12. AGE LIMIT

If we discover that we unintentionally hold personal data relating to a user under 13 years of age, we will promptly delete the data from our records. If you have reason to believe we hold personal data relating to a user under 13 years of age, please contact us.

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.