- By personal data, we refer to data that relates to you as an identified or identifiable person. The term “Personal Data” may include your name, your address, your telephone number, your e-mail address, your age, your gender, your game preferences for instance. Anonymous information, which we are not in a position to relate to you, does not qualify as Personal Data.
- We may collect personal data as well as other information when you use the following services:
– Our websites, including http://www.melesta-games.com, http://www.toy-defense.com, http://www.toy-defense.ru, http://mycafegame.com, http://melsoft-games.com and any other Melesta sites on which this Policy is posted (the “Sites“).
– Our Games, including “My Café: Recipes and stories”, “Toy Defense”, “Toy Defense 2”, “Toy Defense: Fantasy”, “Fish Now.io”, “Tile Tactics” games (the “Games“). Your use of the Game will be subject to the EULA in respect of that Game.
– Any of our products and services (including support services) which may be accessible via a third party platform, web application, gaming or social networking service (together the “Ancillary Services“).
In this Policy we refer to the Sites, the Games and the Ancillary Services together as the “Services“.
- We respect your right to privacy and will only process Personal Data and other information you provide to us or we collect about you in accordance with applicable privacy and personal data protection laws.
- Please read this Policy carefully. If you wish to use our Services, you will need to accept our EULA and this Policy. By accepting this Policy, you signify your consent to the collection and other processing of your personal data in accordance with and for the purposes set out in this Policy.
- Who we are
Melesta Publishing Limited,
105, Agion Omologiton Avenue,
(“Melesta“, “we“, “our” and “us“).
Melesta is a controller in the sense of the General Data Protection Regulation (GDPR) and other data protection or data privacy laws in the Member States of the European Union and other guidelines with a data protection nature regarding its Services.
- CONTACT DETAILS OF THE DATA PROTECTION OFFICER (DPO)
The contact details of Data Protection Officer of Melesta are:
Data Protection Officer
105, Agion Omologiton Avenue
- GENERAL INFORMATION IN BRIEF
We process personal data only when necessary for the performance of a contract with you. Processing is necessary for compliance with a legal obligation to which we are subject, or based on our legitimate interests, except where such interests are overridden by the interests or fundamental rights and freedoms for which require the protection of your Personal Data.
Our legitimate interests are to provide our Services in an effective, safe and harmless manner. We want to provide everyone with a fair and balanced experience when using our Services.
4.1. YOUR PREFERENCES
You can choose how we use your Personal Data using our Account Management Tool. As we need to verify your identity before we follow your instructions on Personal Data use, you need to have a registered Account in order to access the Account Management Tool.
For example, through the Account Management Tool you can:
- withdraw your consent, given in accordance with Article 6(1)(a) of the GDPR. Read more below in Section 6.1 “Communication Purposes”;
- access the Personal Data we store about you. Read more below in Section 8.1 “Right of Access”;
- have your Account, and the related Personal Data, deleted. Read more below in Section 8.3 “Right to erasure”.
4.2. INFORMATION SECURITY
We and our employees understand the need for user privacy, and we maintain reasonable and appropriate security procedures to protect your information from loss, misuse and unauthorised access, disclosure, alteration and destruction, taking into due account the risks involved in the processing and the nature of the Personal Data.
4.3. PROCESSING INFORMATION BY THIRD PARTIES
We may share Personal Data with our affiliates, subsidiaries, vendors or agents working on our behalf for the purposes described in this Policy. For example, we may hire companies to assist with protecting and securing our systems or services. Any vendor or agent that we retain must comply with our data privacy and security requirements and are not allowed to use personal data they receive from us for any other purpose. Those companies may be located outside of the European Economic Area. Read more in Section 7 “How we share your information”.
We recognise that we have a special obligation to protect personal information obtained from children. We will not knowingly collect Personal Data from any child, or process such information, without parental consent. For the purpose of this Policy, a child means any individual who is under the age of 18 (or the minimum legal age to consent to the collection and processing of Personal Data where this is different under applicable law).
4.5. DATA RETENTION
We keep most of your Personal Data gathered and processed for the purposes described in this Policy for as long as you continue to use our Services, e.g. you have an activated Account in one of our Games. We will delete your Personal Data after you request your Account deletion. The process of erasing your Personal Data can take up to one month from the date we receivwed your request and, considering the complexity and number of requests, may be extended by a further two months. Read more in Section 8.3 “Right to erasure”.
- Information we may collect from you
In relation to your use of our Services, we gather information either directly from you (when you provide information to us) or indirectly (e.g. through our Site’s, Games or technology).
5.1. INFORMATION WE COLLECT DIRECTLY
We collect Personal Data and other information that you voluntarily provide. It is entirely your decision to provide the requested information. However, your use of certain Services is possible only if you provide required information, e.g. while creating an Account.
a. Account Data
When setting up an Account, you may be asked to provide Personal Data, including but not limited to your name, your social network or gaming services ID, user name, your user account password and account profile picture, email address and date of birth. You may also choose to provide some other optional information about you.
b. Content Data
We may obtain your Personal Data when you register for and use our other Services, e.g. game forums, chats, or when you provide feedback about our Services. This data includes:
– Information that you post, comment or like in any of the Games forums and Sites.
– Information sent through the “game-chat” functionality in the Games.
– Information you provide when you request information or support from us or purchase a product or service from us, including information necessary to process your orders with the relevant payment merchant which may include the amount of any transaction, but will not include your financial information which will only be submitted directly to the payment merchant under secure protocols.
– Information other than the Account Data you provide to us when participating in competitions, sweepstakes, contests, tournaments and other promotions and responding to surveys.
– Information relating to your profiles on social networking sites in order to allow integration with such social networking sites.
When you communicate while using the Services or within any other Melesta product or service (e.g. live chat, instant message services and the like), even “privately” to another person, you do so with the understanding that those communications go through our servers, can be monitored by us, you have no expectation of privacy in any of those communications and, accordingly, you expressly consent to monitoring of communications that you send and receive. Please note that any information that you post to a public discussion group, such as a user forum, is available to all persons accessing that location. In addition, you should be aware that some discussion groups offer a service in which subscribers are emailed a copy of all messages posted to the group on a particular topic. Consequently, if you post a message to the group, your email address may be sent to those subscribers that have indicated an interest in the topic of your message.
c. Social Networks Data.
5.2. INFORMATION WE COLLECT INDIRECTLY
We indirectly collect a variety of information through your interaction with and use of our Services. This information may include, but is not limited to, browser and device information, data collected through automated electronic interactions, application usage data, demographic information, geographic, geo-location information, statistical and aggregated information (“Other Information”). Statistical or aggregated information does not directly identify a specific person, but it may be derived from Personal Data. For example, we may aggregate Personal Data to calculate the percentage of users in a particular country. If we combine Other Information with Personal Data, we will treat the combined information as Personal Data.
5.2.1. Tracking Data
Website traffic volume and patterns, such as the number of visitors to a given website or page on a daily basis is typically referred to as “Tracking Data”. This type of indirectly collected information is gathered through various means, such as an IP address, which is a number that is automatically assigned to your computer whenever you are surfing the web. Web servers, the computers that “serve up” web pages, automatically identify your computer by its IP address. When you visit any of our Sites, our servers log your computer’s IP address. We collect and possess the following Tracking Data
– Information relating to your use of our Services including, but not limited to, information about when and how you use the Services and data traffic and recordings of the parts of the screen you click on while using our Services (so called “clickstreams”).- Log files and statistics in relation to actions taken on our Sites and in the Games.
– Technical information about any device and operational system that you use when you visit the Sites or use a Games, including your Media Access Control (MAC), Unique Device Identifier (UDID) or equivalent device identifier, your IP address and the browser you are using.
The cookies that are used on our Sites fall into the categories described below. These descriptions can help you determine if and how you would like to interact with our Sites and other online services.
a. Strictly necessary cookies
These cookies are essential in order to enable you to navigate the Sites and use certain features. Without these strictly necessary cookies, the online services provided by the Sites cannot be provided. It is therefore not possible for you to opt out of use of these cookies.
In addition, the coding language the Sites are written in uses session cookies. These are deleted each time you close your browser. These cookies do not store any information about the visitor once the browser is closed.
b. Performance cookies
Our performance cookies collect anonymous information about how you use the Sites and their features. For instance, our performance cookies collect information about which pages on the Sites are visited most often, which advertisements you view or interact with on the Sites or other websites on which our advertisements appear and if you receive any error messages.
c. Analytics cookies
We use the following Google Analytics cookies, to help us analyse how users use the Sites:
_ga (also known as _rollupGa). The cookie is used to collect information and report website usage statistics. It expires after 2 years.
_gid (also known as _rollupGa_gid). The cookie is used to distinguish users. It expires after 24 hours.
_gat. The cookie is used to throttle request rate. It expires after 1 minute.
_gac_. This cookie contains campaign related information for the user. AdWords website conversion tags will read this cookie in an anonymous form. It expires after 90 days.
_dc_gtm_. This cookie is used to throttle request rate in an anonymous form. It expires after 1 minute.
You can prevent Google’s collection and use of data (cookies and IP address) by downloading and installing the browser plug-in available under https://tools.google.com/dlpage/gaoptout. Further information can be found under http://www.google.com/analytics/terms/gb.html (Google Analytics Terms of Service & Privacy). Please note that on our Sites, Google Analytics code is supplemented by “gat._anonymizeIp();” to ensure an anonymised collection of IP addresses (so called IP-masking). Also, you can prevent Google Analytics to collect such data on behalf of Melesta by clicking on the following link: https://tools.google.com/dlpage/gaoptout.
d. Functionality cookies
Functionality cookies are used to remember choices you make (such as language preference, country location, or other online settings) and collect anonymous information.
f. Third Party cookies
5.2.3. Game-Related Information, Device Information, Geo-Location
In order to provide you with efficient services, we need to collect, store and use various information about your activity in our Games. “Game-Related Information” includes your in-game identifier, as well as what is usually referred to as “game statistics”. By game statistics we mean information about your Games preferences, progress in the Games, participation in clans, frequency of playing, as well as information about the device you are using the Services on, including what type of device it is, what operating system you are using, device settings, unique device identifiers, and crash data. Whether we collect some or all of this information often depends on what type of device you are using and its settings. Precise GPS location from mobile devices is collected only with your permission. Wi-Fi and IP addresses received from your browser or device may be used to determine approximate location.
5.2.4. Information required for fraud and violations detection
We may also collect certain data (like IP address, username, etc.) that is required for our detection, investigation and prevention of cheating in the Game and EULA violations. This data is used only for the purposes of detection, investigation and prevention of cheating in the Game, and is deleted six months after its collection, unless the data can be used to prove that cheating has occurred. If the data can be used to prove that cheating or another fraud or EULA violation has occurred, we will further store the data for the establishment, exercise or defence of legal claims during the applicable statute of limitations. Please note that the specific data stored for this purpose may not be disclosed to you or any third parties, since the disclosure will compromise the mechanism through which we detect, investigate and prevent cheating in the Game, as well as other EULA violations.
5.2.5. Information from publicly available online resources
We may use the information made publicly available, e.g. through YouTube, vk.com, Facebook, Instagram and Twitter, in order to find out your opinion about Games and Services, so that we could take them into account while improving our Services.
5.2.6. Information from our partners
In order to fulfil our obligation under the EULA and when processing is required in order to comply with a legal obligation to which we are subject, we may also obtain information about you from our partners, e.g. from our payment and advertising partners. We only use the data controlled by our partners in accordance with their instructions and applicable laws. When you purchase virtual items, virtual currency or time-limited premium memberships with your credit card, we may receive from our payment partners and process a part of your credit card number, information about your credit card issuer, as well as your full address for billing purposes.
5.2.7. Third Party SDK
Additionally, we may implement third-party advertising companies’ SDKs in our Games, including, but not limited to Facebook, Twitter, Fyber, Pinterest, AdColony, Unity Ads, Vungle services SDK, to serve ads on our behalf in our Games. Third-party targeted advertising SDK collect information about your activity across multiple websites and online services and applications in order to provide you with relevant advertisements in the Game. These companies may use SDK to measure advertising effectiveness and allow more effective targeted advertising. Ad networks may share this information with the advertisers using their network. The information collected using these third-party SDKs does not disclose your identity, but will be used to identify you across multiple web sites and applications.
- HOW WE USE YOUR INFORMATION
We need to process your Personal Data in order to fulfil the contract with you according to Article 6(1)(b) of the GDPR. As a user, we will use your Personal Data, unless otherwise prohibited by law, for the following purposes:
- to provide you with the Services you request;
- to communicate with you about your Account or transactions with us and send you information about features on our Sites or changes to our policies;
- to provide support including, but not limited to, product updates, product patches and fixes and other similar communications;
- to arrange your travel, receipt of gifts and awards, to which you may be entitled as a result of winning an offline competition, etc.
6.1. COMMUNICATION PURPOSES
6.2. SERVICES IMPROVEMENT PURPOSES
We analyse the Tracking Data, Content Data and Game-Related Information to identify how to improve the Services and our operations to make them more interesting for our players in general. You are not obligated to respond to polls or surveys and you have choices about the information you provide.
6.3. TARGETED IN-GAME OFFERS
We may also use the Game-Related Information to send you certain in-game offers that we believe are the most useful to you. To make the offer we first collect Game-Related Information from various players, identify patterns in their behaviour, and create algorithms that identify whether you follow the pattern, if we apply the algorithm and it says that you do actually follow the pattern – we send the in-game offer to you. We make sure that such offers never have any significant impact on you or our other players. For example, we may notice that you are a player who is very good at playing and has registered the account more than five years ago: so, we may specifically offer you something new, but in any case not more expensively than it is offered to other users. You can unsubscribe from in-Game offers through our Account Management tool.
6.4. FRAUD AND EULA VIOLATIONS DETECTION
We use the information required for our detection, investigation and prevention of cheating in the Game and EULA violations only for the purposes of detection, investigation and prevention of cheating in the Game. If the data can be used to prove that cheating or another fraud or EULA violation has occurred, we will further store the data for the establishment, exercise or defence of legal claims during the applicable statute of limitations.
- HOW WE SHARE YOUR INFORMATION
For the performance of a contract with you, compliance with a legal obligation to which we are subject, and based on our legitimate interests, we may share your personal data with the following categories of third parties:
- Advertising and advertising measurement partners:we share your email, nickname, IP address and other information you provide to us in order to facilitate targeting, delivery, and measurement of online advertising on third-party services, or otherwise facilitate transmittal of information that may be useful, relevant, or of interest to you, with such companies as Facebook, Twitter, Fyber, AdColony, Vungle, Unity Ads, Google;
- Data storage partners:we store some of your information using third-party data storage services, e.g. we store your responses to our in-game questionnaires using the services of Google Cloud, G-Core Lab, while some of your game statistics is stored using the services of Google Cloud.;
- Research partners:we may provide access to some of your data, such as your Game statistics, to provide marketing-related and other research. We share anonymous data with our partners unless your personal data is necessary for the requested services or research;
- Customer support partners:for some territories and products we engage third parties to provide you with appropriate customer support services. Such companies may get access to your personal data, including personal data that you may provide in your customer support requests. Such partners include Helpshift.;
- Publicly available information:our Sites may also have message boards, forums and/or chat areas, where users can exchange ideas and communicate with each other. When posting a message to a board, forum or chat area, please be aware that the information is being made publicly available on-line; therefore, you are doing so at your own risk. If your personal information is posted on one of our community forums, please use our Account Management tool to request its removal. If we may not be able to remove your personal information promptly, we will let you know about the reasons.
- External moderators and testers:some limited data about you (such as your nickname, content of customer support ticket) may become available to third party volunteering moderators and testers who contribute to providing you with better Services, e.g. to quickly respond to your questions about the Games.
- Anti-cheat and anti-fraud companies:we may share the information required for our detection, investigation and prevention of cheating in the Games and EULA violations only for the purposes of detection, investigation and prevention of cheating in the Game.
- Melesta subsidiaries and affiliates:as a global company, we collect information that may be processed in our offices worldwide. Your information may also be processed outside of the European Economic Area, e.g. in the United States, the Republic of Belarus, or any other country in which we, our affiliates or subsidiaries maintain presence.
When your personal data is shared with Melestag affiliates and subsidiaries, as well as third parties outside the European Union or the European Economic Area, Melesta guarantees an adequate level of personal data protection, including but not limited to, by entering into standard data protection clauses adopted by the European Commission with Melesta affiliates and subsidiaries, as well as such third parties. We will provide you with a copy of the standard data protection clauses upon your request.
Sharing anonymous information. We also may share anonymous information, i.e. information which does not directly or indirectly disclose your identity, and aggregated information (meaning information about groups and categories of users, including game statistics and behaviour, but which does not identify and that cannot reasonably be used to identify any individual user) with our advertising partners. We may also allow our advertisers to collect anonymous information and aggregated information within the Services and they may then share that information with us. Our advertisers may collect this information through the use of tracking technologies like cookies and web beacons. This enables our advertisers to develop and deliver targeted advertising in the Services and on the websites of third parties, so that they can try to serve you with advertisements for products and services that are most likely to be of interest to you. Advertisers will also use this information to monitor, improve or modify their operations.
- LEARN MORE ABOUT YOUR RIGHTS
To allow you to exercise your data protection rights in a simple way we have improved the Account Management. If you are using a demo account, you will only be able to fully control our use of your data after you create the Account here or – for Console Games – here. Please visit it to make choices about which direct communications you would like to receive, as well as to exercise your rights to data access, data erasure and objection to data processing.
8.1. RIGHT OF ACCESS
You have the right to access your Personal Data that we hold about you, i.e. the right to require free of charge (i) information whether your Personal Data is retained, (ii) access to and/or (iii) duplicates of the Personal Data retained. You can use the right to access to your Personal Data through the Account Management tools. Normally, we provide the duplicate of the Personal Data retained within 30 (thirty) days upon your request. Once the archive with the Personal Data we retain is ready, you will be able to download in it from our resources. If the request affects the rights and freedoms of others or is manifestly unfounded or excessive, we reserve the right to charge a reasonable fee (taking into account the administrative costs of providing the information or communication or taking the action requested) or refuse to act on the request. We also will not be able to provide you with some Personal Data that you may post or provide using our Services regardless of our request not to provide the Personal Data in this particular field, website, etc.
8.2. RIGHT TO RECTIFICATION
You control which nickname, email, phone number, country, social networks accounts, trusted sites and payment methods we associate with your Account. If they change, please modify the data in the Personal Account directly. Please inform us if any of the Personal Data we retain about you is inaccurate.
8.3. RIGHT TO ERASURE
You have the right to obtain deletion by us of Personal Data concerning you by deleting your Account via our “Account Deletion” tool available in the Account Management tools.
As a result of deleting your Account, you will lose access to most Services, including the Account and Game-Related Information linked to the Account and the possibility to access other services you are using the Account for.
Grace period. We allow you to restore your Account during a grace period of 45 (forty-five) days from the moment you request deletion of your Account. This functionality allows you not to lose various Game-Related Information and other important information and options by mistake. During the suspension period, we will be able to finalise financial and other activities that you may have initiated before sending the Account deletion request.
Earlier Personal Data deletion. We store most Personal Data we retain about you until you request deletion of your Account through the Account Management tools. However, certain Personal Data is deleted even while you have a valid Account. For example, we will delete:
- the data about you that we have collected in the course of alpha-tests, super tests, UX tests, surveys, analysis of publicly available sentiments in social networks such as YouTube, Facebook, vk.com for the period when
- we are generating the reports for our Services improvement and for 30 (thirty) days after that; technical logs such as records of communication between Services, access logs, errors logs: normally within 30 (thirty) days from their creation.
Information we retain. Upon expiry of the suspension period we will delete all Personal Data about you, except for the data that are required for our compliance with the requirements of applicable laws (e.g. tax and accounting requirements) or for our detection, investigation and prevention of cheating in the Game and EULA violations. We will retain anonymous information after your Account has been closed. Information you have shared with others (e.g. through in-Games chats, updates or group posts) will remain visible after you closed your account or deleted the information from your own profile or mailbox, and we do not control data that other Members copied out of our Services. Groups content associated with closed accounts will show an unknown user as the source. Your profile may continue to be displayed in the services of others (e.g. search engine results) until they refresh their cache.
8.4. RIGHT TO OBJECT
Where processing of your Personal Data is based on legitimate interests according to Article 6(1)(f) of the GDPR, you can use your right to object at any time. If you object we will no longer process your Personal Data unless there are compelling and prevailing legitimate grounds for the processing or the data is necessary for the establishment, exercise or defence of legal claims.
You also have the right to lodge a complaint at a supervisory authority.
- We take reasonable precautions to prevent the loss, misuse or alteration of your personal data. Our employees, contractors and agents may be given access to your personal data which we collect, but their use shall be limited to the performance of their duties in relation to facilitating your use of the Services. Our employees, contractors and agents who have access to your personal data are required to keep that data confidential and are not permitted to use it for any purposes other than those listed above or to deal with requests which you submit to us.
2. We have implemented all reasonable technical, administrative and physical security measures to protect the security of your data.
- Third party sites
- WE CAN CHANGE THIS POLICY
We may change this Policy from time to time for various reasons, such as legal and regulatory changes, changes in industry practices and technological developments that need to be reflected.