Terms of Service
ISSUED BY OUTPLAY ENTERTAINMENT LIMITED
Last updated: 09/01/2023
1. INTRODUCTION
1.1 These are the terms and conditions (the “T&Cs”) Outplay Entertainment Limited (“we”, “us ”, “our”, “Outplay”) use to govern the websites, games (“Games”), software, and applications we make available to you (together, the “Services”). We’ve tried to keep them as short as possible, to help you understand how you can use the Services.
1.2 If you are under the age of 18 (or, if higher, the age of legal capacity in the territory in which you are resident), you must have your parent or legal guardian's consent to use the Services, and your parent or legal guardian must agree to these T&Cs on your behalf.
1.3 If you don‘t want to or cannot agree to these T&Cs, then you must not use the Services or buy (where applicable), subscribe to, download, use or play the Games or any part of them. By using the Services or buying (where applicable), downloading, installing, updating, subscribing to or playing the Games, or by clicking ‘accept’, ‘start’ or similar (where applicable on the login, registration or start screen as we may make available to you), you are agreeing to these T&Cs.
1.4 If you use a Service (such as a Game) through a third party application and/or games store including, without limitation, Facebook, the Google Play Store or the Apple App Store (a “Store”) you may need a Store account to use the Service, and your use of each Store is subject to the terms of use applicable to that Store (as may change from time to time).
1.5 Where applicable, the Stores may allow you to get a refund in respect of or in connection with a Service, in some cases. You should contact the Store through which you made a purchase, where applicable, in the event that you desire a refund.
1.6 Please be aware that these T&Cs do not govern your use of other third party content such as third party websites, games, software and applications that we do not control.
2. SUMMARY
2.1 These T&Cs are a legal agreement between us and you, so please read them carefully.
2.2 These T&Cs describe how you are permitted to use the Services.
2.3 If you breach or do not follow these T&Cs, we may stop you from using the Services, contact you regarding your use of the Services or exercise other remedies that we have available to us at law or in equity.
2.4 To the extent permitted by applicable law, each Service is provided on an ‘as is’ basis and we make no (and hereby disclaim any and all) representations and warranties with respect to it (but subject to Clause 10 below).
2.5 These T&Cs may change from time to time. Please check back with us periodically to make sure that you're aware of the latest version.
3. WHAT YOU CAN DO
As long as you follow the rest of the terms and conditions in these T&Cs, you can use the Service and use Service-related upgrades, updates (and additional Game-related content) which we may make available from time to time (although we are not obliged to provide upgrades, updates and additional Game-related content). We grant you a non-exclusive, revocable, non-transferable, non-sublicensable, limited right and license to use the relevant Service for your personal, non-commercial use in accordance with these T&Cs (the “ Service License”). We do not grant you ownership of any part of the Services themselves and we do not grant you a right to use the Services for commercial purposes or to sub-license, assign or otherwise transfer the Service License to any other party.
4. WHAT YOU CANNOT DO
4.1 We use commercially reasonable endeavours to protect our Services and our users, and it is important that the Services are not used in a way which is unfair or which might harm our rights or the rights of others. Accordingly, we reserve the right to take any and all actions available to us with respect to any conduct that violates the terms or spirit of these T&Cs.
4.2 The following sets out some of the things that you cannot do with the Services:
4.2.1 do not share, rent, resell, or make available copies of any part of the Services (or any ‘hacked’ versions) or otherwise use the Services commercially in any way (except as expressly permitted by law which cannot be excluded by these T&Cs);
4.2.2 do not cheat, rig, fix, circumvent rules or processes, use multiple accounts, exploit ‘loopholes’ or bugs, use ‘bots’ or auto-clickers or other cheating third party software, or otherwise use our Service in a way which is not within the spirit intended by our T&Cs or in a way which may harm the experience of other users of the Services;
4.2.3 do not engage in deceptive, fraudulent or misleading practices, including phishing for other users’ account details or unauthorised use of another user’s account or another person’s credit card or billing information;
4.2.4 do not modify or adapt the Services or hack, attempt to hack, modify, adapt, merge, translate, creative derivative works from the Services, mimic, disable the Services or tamper with them;
4.2.5 do not remove, disable, modify, add to or tamper with any program code or data, copyright, trademark or other proprietary notices and legends contained on or in the Services;
4.2.6 do not create software which mimics any data or functionality in the Services;
4.2.7 do not make public or commercial use, by any means, of the Services, products or services without our prior written consent;
4.2.8 do not provide hyperlinks to, or other forms of links to, our products and services for obtaining profit or other commercial gain without our express prior written consent;
4.2.9 do not reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Services;
4.2.10 where applicable, do not share any password or security information you use to access the Services with any other person (where applicable);
4.2.11 do not delete, obscure, remove or otherwise prevent the proper display of intellectual property (including without limitation copyright and trade mark notices or other legal lines or credits) notices in our Services;
4.2.12 do not do anything (or attempt to do anything) which might disrupt use of the Services by us or other users, or which could threaten, harass or upset other users of the Services;
4.2.13 do not use or process the Services or any part of them unfairly or for any illegal or immoral purpose; and
4.2.14 do not make anything available on or through the Services that violates the rights of third parties (including without limitation their intellectual property or privacy rights).
4.3 We may make codes of conduct and usage rules and guidance available to you, which may provide additional rules and guidance about your use of our Services. We require that you comply with these rules so that we can properly operate our Services and to ensure that our users have a safe and fair experience. To the extent of ambiguity or conflict between a code of conduct and these T&Cs, these T&Cs prevail.
4.4 Please make sure you read these T&Cs carefully and understand them. If we are threatened with or face legal action because you break any of the terms and conditions in these T&Cs, we may hold you responsible. That means you may need to compensate us, and pay us back for any damage we suffer as a result, and for our legal and other expenses.
4.5 Please be aware that, if you breach these T&Cs, we reserve our right to suspend, terminate or otherwise take under review your licenses granted hereunder.
5. THIRD PARTY CONTENT in our Game and website
5.1 The Services may include third party website links and other third party materials such as posts, comments, videos, images and other content such as other user-generated content. We are not responsible for this content. We may moderate or otherwise check such content in some instances, but we are not required to do so. Depending upon the particular Service and the content involved, we may be solely a mere conduit for the transmission, storage and retrieval of the relevant content. In other words, we may not review content for its legality, tastefulness or its compliance with these T&Cs.
5.2 We may rely upon a reporting system whereby players and users can report third party or user-generated content to us, such as because it is illegal content or it is content which breaches these T&Cs. A reporting mechanism may be made available for these purposes in the relevant Service.
5.3 Where we provide the functionality for you to upload any content, including any user generated content, to our Services such as, without limitation, posts, photos, videos, images, voice communications, text and other communications, comments or other content or files, you agree and undertake that the content:
5.3.1 is lawful and will not give rise to any actual or possible civil or criminal liability for you or for us and does not promote any unlawful or illegal activity (including without limitation in respect of the territory and local laws applicable where you may upload such content);
5.3.2 does not infringe the rights of any third party, including without limitation their intellectual property or privacy rights;
5.3.3 does not include any virus, worm, logic bomb, bug or any other form of malicious or technically harmful data, code, link or information;
5.3.4 is not violent, threatening, abusive, pornographic, defamatory, discriminatory, racist, sexual, religiously offensive, obscene or offensive or otherwise morally objectionable (in our reasonable opinion). Where applicable, we may alter or delete an online ID, account name or user name (including the corresponding user account) and any other user content if we consider that online ID, account name, user name or content to be in breach of any of the foregoing;
5.3.5 does not harass or defame any person or organisation;
5.3.6 does not take any action that we consider to be disruptive to the normal flow of chat or gameplay, including uploading, posting, streaming or otherwise transmitting unsolicited or unauthorised material, including junk mails, spam, excessive messages or chain letters;
5.3.7 does not seek to or attempt to organise hate groups or use or promote hate speech;
5.3.8 does not commercially market or promote any third party, product or organisation;
5.3.9 does not seek to or attempt to make any arrangement to meet a child under the age of eighteen (18);
5.3.10 does not contain any restricted or security related content such as the passwords, medical information or confidential information of any person; and
5.3.11 does not solicit, encourage, invite, advocate, request or provoke directly or indirectly any of the foregoing or any illegal activity or breach of these T&Cs.
6. PURCHASABLE CONTENT AND VIRTUAL ITEMS
6.1 In a Game you may, where we make this available, purchase a license to use certain virtual items, including but not limited to virtual goods, services, virtual coins, tokens, or points, all for use on or in the Game (“Virtual Items”).
6.2 Virtual Items are licensed, not sold, to you. On purchase, you are granted a limited, revocable, non-transferable, non-exclusive license to use the Virtual Items for your personal, non-commercial entertainment purposes in the relevant Game only. Upon your first receipt or use of any Virtual Item, the transaction is complete and non-refundable from us (subject to your statutory rights, as applicable).
6.3 We may keep records of transactions and purchases in order to deal with any subsequent queries, and for our accounting purposes. We are not a party to purchases you make from a platform or Store.
6.4 Where applicable, Virtual Items may be licensed to you when you make a purchase using funds in your in-Game account, or directly from platforms / Stores. Any attempt to obtain Virtual Items outside of the Services is prohibited.
6.5 We may modify, regulate or remove Virtual Items without notice and at our discretion. Virtual Items have no real-world value or application outside of the relevant Game, and must not be sold, traded, transferred or redeemed for real-money or items of value. You do not have any ownership or property in the Virtual Items other than the limited license described in these T&Cs, and you are not entitled to any refund, benefit, or other compensation for the loss of any Virtual Items other than as expressly set out in these T&Cs.
6.6 Trading any Virtual Items is prohibited except where we may make this functionality available to you on our Game. You will not make available any cheats, technological measures, or other methods designed to enable or encourage any collection, selling, or trading of Virtual Items. You may not create or participate in any exploitation of price differences of Virtual Items by any means.
7. SUBSCRIPTIONS AND THEIR AUTO-RENEWAL
7.1 Some of our Services may offer you a subscription membership service (a “subscription"), through which you may receive access to certain additional or premium content or other services, such as (without limitation) Virtual Items for a Game (“Subscription Content”). The subscription membership fee will be as communicated to you at the point of sale (together with any applicable taxes) (“Subscription Fee”). Depending upon your membership type, your Subscription Fee would be due monthly or annually and is payable in advance. A change or upgrade in your membership may result in a new billing date. We reserve the right to increase the Subscription Fees from time to time upon prior reasonable notice to you (not less than 21 days).
7.2 In consideration of your Subscription Fee you are granted a license to access and use the Subscription Content on the basis set out in Clause 3 and as part of the Service License. Your license and access to the Subscription Content is conditional on you paying the Subscription Fee on an ongoing basis, unless otherwise expressly notified to you in the Service.
7.3 Your subscription will be billed automatically at the start of the relevant billing period and will auto-renew until cancellation. We shall automatically bill you for the applicable Subscription Fee using your recorded payment method. Please note that change or invalidity of payment method does not cancel your subscription. To cancel your subscription, see clause 7.4 below. In the event you choose to cancel your subscription, we will not refund you except where required by law or in accordance with clause 15. However, you will retain full use of the subscription until the end of the applicable billing period.
7.4 The relevant Store which is related to your subscription may permit you to cancel your subscription in your account details with the Store. For some of our Services we may also provide you with an in-Service means of cancelling your subscription within that particular Service, such as in the account settings menu. In all cases, you can request assistance with cancelling your subscription by emailing us at support@outplayentertainment.com .
7.5 We may occasionally offer free or reduced subscription trials to customers (without any obligation to do so). Please be aware that we may automatically renew your subscription on a fully billed basis at the end of the free or reduced period, in accordance with the information made available to you at the point of sale for the offer. However, no subscription charges will be made during the period of any free subscription offer.
8. COOLING-OFF RIGHT
Where you purchase from a Store or platform, the Store or platform may allow you to get a refund in respect of or in connection with a Service, in some cases. You should contact the Store or platform through which you made a purchase, where applicable, in the event that you desire a refund. If you purchase from us, you are entitled to cancel purchases of virtual items and digital content you make within 14 days, and to receive a full refund (your "Cooling-Off Right"). However, you agree that if we begin to supply you with the virtual items or digital content before the end of that period, then you will no longer be entitled to change your mind about the purchase. If you wish to exercise your Cooling-Off Right you can contact us by email or post using the following form:
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To: Outplay Entertainment Limited Floor 3 1 – 4 Atholl Crescent Edinburgh Scotland EH3 8HA |
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I hereby give notice that I withdraw from my contract for the following purchase: [INSERT ORDER ID, ITEM], ordered on [INSERT DATE]. |
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From: [YOUR NAME] [YOUR ADDRESS] [YOUR EMAIL / TELEPHONE (optional)] |
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Date: [DATE] |
9. ADVERTISING
9.1 Some of our Services may be supported by advertising and marketing. Depending on the Service, we may include third party advertising and marketing to support the service (for example, so that we can offer you the Service without an initial charge).
9.2 We may work with third party advertising agencies in relation to the serving of advertisements and marketing in our Services. We do not moderate or control, and we are not responsible for, the content (including without limitation the morality, appropriateness or legality) of that advertising and marketing.
9.3 If you have concerns about advertising or marketing that you have seen in our Services, you can let us know by emailing us at the contact email address set out in Clause 17 below.
10. OUR LIABILITY
10.1 Nothing in these T&Cs will limit any of your rights which may not be excluded under law. This means that notwithstanding any other terms in these T&Cs:
10.1.1 our liability to you for personal injury or death caused by our negligence is not excluded or limited, nor is our liability to you for any fraudulent representation we make;
10.1.2 if a paid-for Service (such as a paid-for Virtual Item) is faulty when we deliver it to you, we will try to repair or replace it;
10.1.3 if we can’t fix that fault within a reasonable time, or without significant inconvenience, you’re entitled to all or some of your money back that you paid to use the Service (where applicable); and
10.1.4 if, as a result of the fault, the Service damages your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation.
10.2 Other than as mentioned above, our overall liability to you is limited to the price you paid to use the relevant Service or, where no price was paid, £10.
10.3 The Services, along with any updates, upgrades and any additional content, are provided “as is”. That means we don’t make any promises to you about the Services other than that they will be of satisfactory quality, as described, and fit for purpose. We don’t make any other promises about the Services.
10.4 We’ll use reasonable skill and care to provide the relevant Service, but can’t guarantee there won’t be any errors, bugs or interruptions, or that our Service will not cause any problems with your device.
10.5 If we release a version of a Service which is not yet complete, because we want to give you early access, then you’ll need to bear in mind that it may have some errors, bugs or interruptions.
10.6 Please do let us know straight away if you discover any problems with a Service, so we are aware and can decide whether it is something we need to address in a future release or update (if there is a future release or update). You can contact us to let us know about any problems with a Service by contacting us at the contact email address set out in Clause 17 below.
10.7 Any views expressed in the Services are the views of the authors and not of us, unless we expressly specify otherwise.
11. PRIVACY
11.1 Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Policy and it is important that you read that information.
11.2 Please take care when disclosing any information about yourself on or through our Services. A known risk of the public internet is people not necessarily being who they say they are, or behaving in an unreliable, misleading or illegal way. We cannot control information you choose to provide to other users, where our Services include facilities for you to interact with others. We strongly recommend that you exercise caution, act sensibly and do not disclose any information which you do not wish to have disseminated into the wider public internet. Any disclosures of your information by you to other users are made by you at your own risk. Once information is disclosed by you in this way, it may not be possible for us to prevent its dissemination over the public internet.
12. INTELLECTUAL PROPERTY
12.1 All intellectual property rights in the Services, throughout the world, belong to us and our licensors, and the rights in the relevant Services are granted to you by way of a limited license (and are not sold) to you. You have no intellectual property rights in, or to, the Service other than the right to use the relevant Service in accordance with these T&Cs on the applicable platform / Store and device. Except as otherwise expressly provided in these T&Cs, all rights are reserved by us and our licensors.
12.2 The Service and our websites, products and services may include intellectual property, or references, relating to third parties such as (without limitation) real-world events, people, organisations, teams, clubs, places, stadia, venues, companies and competitions or other real-world references. Such intellectual property is the property of the respective owner and we do not represent that we have a connection or any arrangement with such owner. We may make limited use of this intellectual property or reference for, for example, the purposes of providing information and/or to identify real-world facts in an honest and fair way or as otherwise permitted in accordance with applicable law.
13. STORE TERMS
13.1 The ways in which you can use the Service may also be controlled by the relevant Store’s terms and conditions and policies as made available to you by the Store. To the extent that there is a conflict between the terms of these T&Cs and the relevant Store’s terms from which you used, subscribed to, accessed, purchased (where applicable) or installed the Services, the Store’s terms shall prevail to the extent of the conflict.
13.2 Where applicable, by downloading an app from, or using it in connection with, the Google Play store, you acknowledge that you have reviewed and accepted the Google Play Terms of Service (available online here: https://play.google.com/intl/en-GB_uk/about/play-terms.html ) and Google Play Terms of Business (available here: https://play.google.com/intl/en-GB_uk/about/device-terms.html ).
13.3 The following terms of this clause are the terms which we are required by Apple to notify you of and obtain your consent of in respect of using the iOS versions of our Games:
13.3.1 You, and Outplay, acknowledge that these T&Cs are concluded between you and Outplay only, and not with Apple Inc. (“Apple”), nor any subsidiary or affiliate company of Apple Inc., (“Apple”). You also acknowledge that we are solely responsible for the Game and the content therein.
13.3.2 Subject to your compliance with all conditions of these T&Cs we grant you a non-exclusive, revocable, non-transferable, non-sublicensable, limited right and license to use one copy of the relevant Game for your personal, non-commercial use for gameplay on the compatible iOS product which you own or control, and as permitted by the usage terms and conditions set forth in the App Store Terms of Service (https://www.apple.com/uk/legal/sales-support) ).
13.3.3 We are solely responsible for providing support and maintenance for the Game. You and Outplay acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Game.
13.3.4 You acknowledge that Outplay, and not Apple, is responsible for addressing any claims you may have relating to the Game or your possession and/or use of the Game, including but not limited to:
(a) product liability claims;
(b) any claim that the Game fails to confirm to any applicable legal or regulatory requirement; and
(c) claims arising under consumer protection or similar legislation.
13.3.5 You acknowledge that in the event of a third party claim that the Game or your possession and use of the Game infringes that third party's intellectual property rights, then Outplay shall be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property right infringement claim, and not Apple.
13.3.6 You confirm that:
(a) you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a ‘terrorist supporting’ country; and
(b) you are not listed on any US Government list of prohibited or restricted parties.
13.3.7 You acknowledge and agree that Apple are third party beneficiaries of these T&Cs, and that when you accept the terms and conditions of these T&Cs, Apple will have the right (and will be deemed to have accepted the right) to enforce these T&Cs against you as a third party beneficiary thereof.
14. OPERATING SYSTEM AND DEVICE REQUIREMENTS
An internet connection may be required to access some Services or some functionality relating to the Services. A Store account is required when accessing content through the Store.
15. TERMINATION AND SERVICE OUTAGE
15.1 We may temporarily discontinue the Services, Virtual Items and/or any and all services and content available through them at any time for the purposes of upgrades, maintenance or other service administration reasons. We will use our reasonable endeavours to limit the length of time this occurs for.
15.2 We may remove, restrict, cancel or suspend your access to and use of the Service and/or any part of it at any time in the event that you breach these T&Cs. If what you have done can be put right, we may, in our sole discretion, give you a reasonable opportunity to do so. Where you have paid for a Service (e.g. for Virtual Items, content or services in connection with a Game) and your rights have been terminated in accordance with this clause because of your breach of these T&Cs, we will not refund you.
15.3 We may terminate our agreement with you (in whole or in part) for any reason at our discretion upon reasonable notice to you. This may happen, without limitation, because we choose to end the availability of a particular Service or any part of it (such as a Virtual Item). If your use of the Service (including without limitation the Virtual Items therein) was provided to you free of charge, you will not be entitled to compensation in this event. If you paid for the Service (e.g. for Virtual Items, content or services in connection with a Game), you will not be entitled to a refund where you have substantially had the enjoyment of what you had paid for (for example, where you have had access to the paid-for Virtual Items for over six (6) months in a Game). Where you have not had a reasonable period of opportunity to enjoy the paid-for Service, we may offer you a partial or full refund.
15.4 Upon termination of your account or profile for any reason, any in- Service or website rankings or scores, Virtual Items, including virtual currency balances (whether earned or purchased), or scores or information in connection with the Service may not be retained or accessible. These may not be recoverable by us once they are deleted or made inaccessible.
16. GENERAL
16.1 These T&Cs do not affect any legal rights you may have under the law which cannot be excluded or limited.
16.2 We may change or update these T&Cs from time to time, but changes only affect you to the extent they can legally apply. For example, if we release an update with a new set of T&Cs, and you don’t use the update, then the old set of T&Cs applies, but if you do use the updates or if you use parts of the Service that rely on our ongoing online services then the new T&Cs will apply. Please check back here from time to time in case of updates to the T&Cs.
16.3 We may transfer our rights and obligations under these T&Cs to another organisation. We will let you know if that happens and we will ensure that your rights under these T&Cs are unaffected. You may not transfer your rights or obligations under these T&Cs unless we expressly agree to the transfer in writing.
16.4 Except where expressly stated to the contrary in these T&Cs, these T&Cs do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these T&Cs.
16.5 Even if we delay in enforcing these T&Cs and/or our rights, we can still enforce these T&Cs and/or our rights later. If we do not insist immediately that you do anything you are required to do under these T&Cs, or if we delay in taking steps against you in respect of your breaking of any term of these T&Cs, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
16.6 [These T&Cs are governed by English law and you can bring proceedings in respect of the relevant Service or these T&Cs in the English courts.] These T&Cs shall not limit any rights you might have as a consumer that may not be excluded or limited under applicable law, including any rights you may have to use alternative dispute resolution procedures. In particular, notwithstanding the other provisions of this clause 16, you may have the legal right to bring proceedings, including alternative dispute resolution proceedings, in your local jurisdiction and if this is the case then you may bring proceedings there. For instance if you live in Scotland you can bring legal proceedings in respect of the relevant Service in either the Scottish or the English courts.
17. COMPANY AND CONTACT INFORMATION
In these T&Cs, “we”, “us” and “ our” refers to:
Outplay Entertainment Limited
Floor 3 1 - 4 Atholl Crescent
Edinburgh, Scotland
EH3 8HA
Company registration number: SC386157
VAT number: GB 199 4253 62
For all technical issues, questions, comments and enquiries contact us at support@outplayentertainment.com .
PRIVACY AND DATA POLICY
ISSUED BY OUTPLAY ENTERTAINMENT LIMITED
Last updated: 01/09/2021
1. INTRODUCTION AND GENERAL TERMS
These terms apply to the use of the Outplay Entertainment Limited (“ Outplay” / “we” / “us”) services and as further detailed below. Our registered office is at Floor 3 1 - 4 Atholl Crescent, Edinburgh, Scotland, EH3 8HA. We are a company registered in Scotland, with company number SC386157 and VAT number GB 199 4253 62.
This privacy and data policy (“Privacy Policy”) applies and has effect in respect of our games, websites and related content and our related services, activities and features (the “ Services”, each a “Service”).
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If you have any questions or comments about this Privacy Policy, or if you want to exercise your right to object to the processing of your personal data, you can contact us at support@dataprivacy-op.zendesk.com . |
We are committed to protecting and respecting your privacy. This Privacy Policy explains the basis on which personal data we collect from you will be processed by us or on our behalf. Where we decide the purpose and means for which personal data you supply through this Service is processed, we are the “controller” for the purposes of the General Data Protection Regulation 2016/679 (“EU GDPR”), the GDPR as it forms part of the laws of England, Wales, Scotland and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018 (“UK GDPR” and together with the EU GDPR, the “GDPR”) and the UK Data Protection Act 2018 (“UKDPA”). We will comply with the all applicable data protection laws, including the GDPR, UKDPA and the California Consumer Privacy Act 2018 (“CCPA”).
Please read this Privacy Policy carefully as it contains important information about the following:
- What information we may collect about you;
- How we will use information we collect about you;
- Whether we will disclose your details to anyone else; and
- Your choices and rights regarding the personal data we hold about you.
This Privacy Policy should be read in conjunction with our Terms of Use as may be applicable in respect of the Service. Where Terms of Use are applicable, they will be made available via the Service.
The Service may contain hyperlinks to services owned and operated by third parties. These third party services may have their own privacy policies and we recommend that you review them. They will govern the use of personal data that you submit or which is collected by cookies and other tracking technologies whilst using these services. We do not accept any responsibility or liability for the privacy practices of such third party services and your use of these is at your own risk. For information about our cookie practices, please see paragraph 4 and our Cookie Policy.
We may make changes to this Privacy Policy in the future, which will be made available here. You should check here from time to time to ensure you are aware of any changes. Where appropriate, we may notify you of changes by email or through the Service.
2. INFORMATION WE MAY COLLECT ABOUT YOU
We may collect and process the following personal data from you when you use our Services (for example, our games or a game website forum) (together, the “Services Information”):
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Information that may be provided by you when creating a Service account (“Submitted Information”) o Your email address (for example, if you create a website forum account with us); o Your name; o Your account username; o Your account password; and o Your date of birth. |
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Information that may be provided by you when you contact us for support (“Support Information”) o Your full name; o Your email address; and o Your telephone number (if you choose to provide this). |
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Information about your activities (“Technical and Usage Data”) We may collect technical and usage information about your use of our Service through tracking technologies and analytics collection in our Services. Personal data we may collect in this way includes: o IP address; o Geolocation information (i.e. longitude and latitude); o Service user ID (a unique ID that we generate which identifies Service users); o Device information (such as your device ID, operating system and version, device brand, device family, model and manufacturer); o Mobile network carrier (if applicable); o Country, market and region information; o Language; o Error and crash data (identifying a Service crash event); o Advertising identifier numbers (such as IDFA (iOS devices) and ADID (Android devices)); and o Events related to your Service usage, such as achievement of a milestone and the occurrence of other events during your Service usage (such as virtual currency balance, session durations and your choices and progression for and in different parts of the Service). |
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Analytics and profile information (“Analytics and Behavioural Data”) We may collect, or create by analysis of other Services Information, analytical information in connection with your Service usage including without limitation: o When you first launched / began using the Service; o Whether you use our free Services, or whether you use paid-for Services and how much you spend; o Whether you discovered our Service organically, or whether you discovered the Service through an advertising campaign; o What your Service usage habits are (for example, whether you use the Service in a particular way or only use a part of the Service and how often you use it); and o We may associate your account with a user segment group which we think have shared characteristics, such as perceived interest in a particular type of gameplay or particular parts of our Services. |
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Social networking site data (“SNS Data”) For some of our games with connectivity with social media networking sites such as (without limitation) Facebook (“ SNS”), or which are operated on, through or in connection with such social media networks and stores, we may collect the following of your personal data relating to your SNS account: o User ID number; o Account first and last name; o Account email address; o Profile picture; o Birthday; and o User ID’s of your friends who are Service users. |
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Prize promotion data (“Prize Promotion Data”) If you choose to participate in a prize promotion with us (such as a competition where you could win a prize from us or our partners), we may collect the following personal data about you: o Your name; o Your email address; o Your mailing address; and o Information to confirm your prize eligibility; where applicable (e.g. date of birth and your entry information / submission). |
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Direct marketing subscriptions (“Direct Marketing Data”) Some of our services, such as our websites, may offer direct marketing subscription services for you to sign-up to (to obtain news and updates from us, for example). The personal data we may collect from you for this type of service will be clarified on the relevant Service (such as in sign-up or tick-box information). It may include, without limitation, your name and email address. |
3. WHY WE COLLECT INFORMATION ABOUT YOU
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To provide the Service to you and process your device registration We will process Services Information about you to provide our Service to you under the Terms of Use agreed between us. The processing of information in this way is necessary, for example, for us to create your user account (if applicable), record your progress and status within a part of the Service (such as a game), to provide you with updated parts of the service (such as for security patches or content updates) and to ensure the Service delivers the features promised and functions properly (or to provide you with the opportunity to participate in a related activity, such as a prize promotion or competition activity). For these purposes, we rely upon the legal basis of performance of a contract (being performance of the Terms of Use agreed between us) and our legitimate interests (being our commercial interests in providing enhanced services and functionality to you). |
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To enable purchases If you make purchases or subscriptions through or in connection with the Service (where we may make that functionality available at our discretion), your order and certain relevant Services Information may be processed so that we can process your order and so that you can access the features within the Service. For the above purposes, we rely upon the legal basis of performance of a contract (being performance of the Terms of Use agreed between us). |
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To respond to your enquiries and requests for support We may process certain of your Services Information (including your Support Information and certain other Services Information which might be relevant) so that we are able to properly respond to your enquiries and support requests, in accordance with the Terms of Use agreed between us. For the above purposes, we rely upon the legal basis of performance of a contract (being our Terms of Use with you for the Service) and our legitimate interests, being our commercial interests to respond to your queries and requests for support. |
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To prevent fraudulent or illegal activity We may process your Services Information for our legitimate interests of ensuring that your use of our Services is lawful and in compliance with our agreement (being the Terms of Use agreed between us), to prevent disruption to our Service, to enforce our rights, to protect any individual or otherwise to ensure our compliance with our legal obligations. |
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To help us to understand usage of the Service, improve the Service and to help us to fix any problems We may process information about you (being certain of the Submitted Information, Technical and Usage Data, Analytics and Behavioural Data and SNS Data) so that we can understand usage of our Services, analyse and improve our Service and develop new services or new parts thereof. This processing is necessary for us to pursue our legitimate interests, being our commercial interests in: (i) ensuring that our Service functions properly so that you and other users have the best experience; (ii) improving the quality of our Service; (iii) identifying and correcting any bugs or problems with the Service or any part thereof; and (iv) developing and creating new services in the future. Where our processing activity relates to detecting and fixing problems with the Service, we also rely upon the legal basis of performance of a contract (being our Terms of Use with you for providing the Service). |
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To serve more relevant advertising to you We may process information about you (being certain of the Submitted Information, Technical and Usage Data, Analytics and Behavioural Data and SNS Data) in order to serve advertising to you in our Services (or third party services) which we and/or our advertising vendors and partners think is of more interest for you. We undertake this data processing activity on the legal basis of your consent. You have the right to withdraw your consent at any time. If you would like to do so, you can email us at: support@dataprivacy-op.zendesk.com . |
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To keep you up to date about our services and products Where you have consented, or where it is otherwise lawful for us to do so, we may use your Services Information to send you emails in order to keep you informed about our news, services and products. Where we rely upon your consent to do this, you can withdraw your consent at any time by sending an email to support@dataprivacy-op.zendesk.com . |
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Push notifications and similar notifications on your device
Where you have consented or where it is otherwise lawful to do so, we may use your Services Information to send ‘push notifications’ or in-Service notifications (for example, on your device and in relation to the Service or a part thereof). Your device’s operating system provider may obtain your prior consent for these purposes and we would rely upon that consent for this activity. You may be able to amend your push notification settings generally within your device’s settings. To understand your location (tailoring our Services by locale)
Where you have consented or where it is otherwise lawful to do so, we may use your geolocation Services Information for localising our Services (e.g. by content such as language) and advertising in our Services, and also for our analytics purposes of understanding where our users are based. Your device’s operating system provider may obtain your prior consent for these purposes and we would rely upon that consent for this activity. You may be able to amend your geolocation permission settings generally within your device’s settings. |
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Marketing attribution
We may process Services Information so that we can understand which publisher of our marketing materials referred you to us and, for example, to which marketing campaign that referral related. This information is helpful for our purposes of understanding which marketing and promotion activity is successful. We process this personal data on the basis of our legitimate interests, being our interests in promoting and improving our Services and their commercial success (including by improving our advertising and marketing).
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Personalisation We try to make our Services as interesting for you as we can. To help us to do that, we may customise some aspects of in-game presentation, content, content suggestions and offers. So that we can do this, we may process certain of your Technical and Usage Data and Analytics and Behavioural Data. For this processing, we rely upon the legal basis of legitimate interests, being our commercial interests in providing you with more engaging, high-quality content and services.
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4. COOKIES
A cookie is a text file placed onto your device when you access our Services. We use cookies and other similar or equivalent online tracking devices such as web beacons, standard development kits (for mobile) and flash object storage to deliver, improve and monitor our websites, applications and games, including in the following ways:
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Authentication |
To log you into our Service and keep you logged in. |
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Service delivery |
To deliver our Services and third party services which may be embedded into our own Services (such as social media network connectivity). |
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Preferences |
To remember information about your preferences such as your preferred language and configuration. |
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Analytics |
To help us understand how you use our Services, such as how often, so we can improve Services and deliver a better experience and also for us to carry out research and statistical analysis to help us develop new content, products and services. |
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Advertising |
To help us deliver in-Service advertising to you, such as in our games (which may be served by, or facilitated by, third parties). These are also used to help us and our partners and vendors measure the effectiveness of advertising and whether it was actually served to you. |
The information we obtain from our use of cookies will not usually contain your personal data. Although we may obtain information about your device such as your advertiser ID, IP address, your browser and/or other internet log information, this will not usually identify you personally.
Please note that if you choose to disable cookies, or similar technologies, on your device you may be unable to make full use of our Services or may not have the same quality of experience.
We may work with third parties who may also set cookies and equivalent technologies on our Services, for example: Google Analytics, Google AdWords, YouTube, Facebook, Twitter and LinkedIn, which we use to display video content, enable social networking functionality and sharing, and to monitor how visitors use our Services.
For more information, please refer to our cookie policy here.
5. DATA SHARING
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We will share your information with third parties only in the ways that are described in this Privacy Policy Group members, personnel, suppliers or subcontractors: We keep your information confidential, but may disclose it to any member of our group (which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the Companies Act 2006), our personnel, our advertising and analytics service providers and our other suppliers or subcontractors insofar as it is reasonably necessary for the purposes set out in this Privacy Policy. However, this is on the basis that they do not make independent use of the information, and have agreed to safeguard it. Payment providers : Where you instigate a payment with us, your payment related information will be processed by our payment providers. Merger or acquisition: If we are involved in a merger, acquisition, transfer or sale of all or a portion of our assets, you will be notified via email, account message and/or a prominent notice on our website of any change in ownership or uses of this information, as well as any choices you may have regarding this information. Required by law: We may disclose your information to the extent that we are required to do so by law (which may include to government bodies and law enforcement agencies); in connection with any legal proceedings or prospective legal proceedings; and in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention). Enforcement: We may also disclose your personal data to third parties (e.g. our licensors, app operators, stores or networks) in order to enforce or apply the terms of agreements, to investigate potential breaches or to protect the rights, property or safety of Outplay, our customers or others. Digital Content Stores: Where our Service (or a part of it) is accessed through a third party store service such as (without limitation) an iOS, Amazon or Android application store, we may disclose your personal data to the relevant store/platform for the purposes of facilitating any in-Service payments made through these platforms. |
6. AUTOMATED DECISION MAKING
We may use automated decision-making methods which do not involve human involvement to process your information, and shall do so only in the ways that are described in this Privacy Policy.
7. MARKETING INFORMATION
In the event we wish to process your personal data for marketing purposes and where not otherwise detailed in this Privacy Policy, we will obtain your prior consent to process your personal data before doing that where we are required to do so by law. In each relevant instance, if you prefer that we do not process your personal data in that way, you can let us know by simply using the relevant consent options, buttons or similar choices we provide to you at the relevant time. You can also withdraw your consent (or, if applicable, ‘opt-out’) at any time by letting Outplay know by email to support@dataprivacy-op.zendesk.com .
8. YOUR RIGHTS IN RELATION TO YOUR PERSONAL DATA
You have the following rights over the way we process personal data relating to you, as set out in the table below. We aim to comply with requests without undue delay and within one month at the latest.
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Ask for a copy of personal data we are processing about you and have inaccuracies corrected or request erasure You have the right to request a copy of the personal data we hold about you and to have any inaccuracies corrected. You can request a copy by emailing support@dataprivacy-op.zendesk.com . We will use reasonable efforts, to the extent required by law, to comply with requests to supply, correct or delete personal data held about you on our files (and request that any third parties to whom it has been disclosed to do the same). |
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Object to us processing personal data about you You can ask us to restrict, stop processing or delete your personal data if:
You can request account deletion by sending an email to support@dataprivacy-op.zendesk.com . |
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Obtain a machine-readable copy of your personal data, which you can use with another service provider
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Make a complaint to a Supervisory Authority
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9. DATA RETENTION
In accordance with data protection laws and good commercial practice, we do not retain data in a form that permits identification of the person(s) to whom it relates for any longer than is necessary. In regards to our games and applications, we generally retain your personal data relating to the game for up to two (2) years after your last active session (unless you let us know you would like it to be deleted).
10. CHILDREN
Outplay takes the protection of the personal data of children very seriously. In accordance with the nature of our Service, we may process a limited amount of personal data about your child regarding their use of our Service. We do so only for the purposes set out in this Privacy Policy.
Your prior consent would be required in order for us to collect any other personal data from your child or in order to disclose, use or otherwise process your child’s personal data in a way not set out in this Privacy Policy. In the event that we learn that we have collected personal data from a child other than as intended in accordance with this Privacy Policy, we will delete that information as quickly as possible.
11. SECURITY
Outplay will take commercially reasonable, appropriate technical and organisational measures to ensure a level of security appropriate to the risk that could be encountered via the use of our Service, taking into account the likelihood and severity those risks might pose to your rights and freedoms.
In particular, we will take precautions to protect against the accidental or unlawful destruction, loss or alteration, and unauthorised disclosure of or access to the personal data transmitted, stored or otherwise processed by us.
Please be aware that, while we make the security of our Service and your personal data a high priority, no security system can prevent all security breaches.
Unfortunately, the transmission of information via the internet is not completely secure. We do our best to protect your personal data, but we cannot always guarantee the complete security of your data transmitted through our Service; subject to applicable law, the sharing of your personal data with us and any transmission of the data is at your own risk.
12. INTERNATIONAL DATA TRANSFERS
The data we collect from you may be transferred to, and stored at, a destination outside the UK and/or European Economic Area (“EEA”). It may also be processed by staff that operate outside the UK and/or EEA and work for us or our suppliers. These staff may be engaged in the fulfilment of your orders, the processing of your payment details, the maintenance of the Service, and the provision of support services. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.
Where your personal data is transferred outside of the UK and/or EEA to a territory not subject to an adequacy decision by the UK Government and/or European Commission, we have agreements in place with the relevant parties which include either (i) standard data protection clauses adopted by the relevant data protection regulator (including in the UK) and approved by the European Commission or (ii) standard data protection clauses adopted by the European Commission and/or the UK Government, to ensure that appropriate safeguards are used to protect your personal data, together with other appropriate safeguards to protect your personal data. If you require more information about these safeguards, you can contact us at support@dataprivacy-op.zendesk.com .
13. CALIFORNIA RESIDENTS & CCPA
If you are a California (USA) resident, as defined in Section 17014 of Title 18 of the California Code of Regulations, you have certain rights in respect of the personal information we hold about you.
If you have questions or concerns about our privacy policies and practices, please contact us using the details set out at the end of this Privacy Policy.
Please see above for:
- the date on which this Privacy Policy was last updated (at the top of this Privacy Policy);
- categories of personal information collected about you in the last 12 months (see paragraph 2);
- categories of sources from which the personal information was collected (see paragraphs 2 and 3);
- purposes for collecting personal information (see paragraph 3);
- categories of third parties with whom we share personal information (see paragraph 5);
- categories of personal information we have disclosed within the last 12 months (see paragraphs 2 and 5); and
- specific pieces of personal information we hold on you (see paragraph 2).
For the purposes of the CCPA, please be aware that (per the details above) we have disclosed for business purposes, but we have not sold, your personal information to third parties within the last 12 months.
You can designate an authorised agent to make a request under the CCPA on your behalf. The authorized agent must submit proof that they have been authorized by you to act on your behalf and provide proof of their own identity.
Where the CCPA applies, you have the right to:
- request access to your personal information including how it is used and shared
- request deletion of your personal information; and
- opt-out of the sale of your personal information; and
- not be discriminated against for exercising any of your rights under the California Consumer Privacy Act of 2018 (CCPA).
To make a verifiable consumer request, please contact us by email at support@dataprivacy-op.zendesk.com . We may verify your request by asking for proof of identity, such as your device ID and/or user ID.
14. CONTACT INFORMATION
All questions, comments or enquiries should be directed to Outplay at
support@dataprivacy-op.zendesk.com
. We will endeavor to respond to any query or questions within a reasonable
amount of time.
Our Data Protection Officer can be contacted here:
DPO@outplay.com
COOKIE POLICY
ISSUED BY OUTPLAY ENTERTAINMENT LIMITED
Last updated: 10/01/2020
Please read this Cookie Policy in conjunction with our Privacy Policy, available here.
Cookies, and equivalent technologies such as SDKs, are small text files that are placed on your computer or mobile device by websites that you visit and applications that you use. They are widely used in order to make websites and applications work, or work more efficiently, as well as to provide information to the owners and operators. The table below explains the cookies we use and why.
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Cookie |
Purpose/ Third Party Access |
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Google Analytics |
This cookie is used to collect information about how visitors use our website. We use the information to compile reports and to help us improve the website. The cookies collect information in an anonymous form, including the number of visitors to the website, where visitors have come to the website from and the pages they visited. You can read Google's overview of privacy and safeguarding data here |
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Outplay authentication cookies |
To log you into our Services and keep you logged in. |
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Outplay preferences cookies |
To remember information about you such as your preferred language and configuration. |
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Advertising software development kits |
· A Google SDK or cookie may be used to send data to Google Analytics about the visitor's device and behaviour and may track visitors across devices and marketing channels. · A Google SDK or cookie may be used to register a unique ID that is used by Google to keep statistics of how the visitor uses YouTube videos across different web sites. · A Facebook cookie or SDK may be used to keep a track of page impressions. · A LinkedIn cookie or SDK may be used for embedding the LinkedIn networking services. |
HOW DO I CHANGE MY COOKIE SETTINGS?
Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set, visit www.aboutcookies.org.
Find out how to manage cookies on popular browsers:
- Google Chrome ( here )
- Microsoft Edge ( here )
- Mozilla Firefox ( here )
- Microsoft Internet Explorer ( here )
- Opera ( here )
- Apple Safari ( here )
To find information relating to other browsers, visit the browser developer's website.
Your mobile device manufacturer may provide you with similar measures for control over SDKs or equivalent technologies set on your device, manageable through your device settings.
To opt out of being tracked by Google Analytics across all websites, visit the following URL: http://tools.google.com/dlpage/gaoptout .