Terms of Services and Privacy Policy

HomeTerms of Services and Privacy Policy

Terms of Services

Last updated: 15 Dec. 2023

Please read these terms and conditions carefully before using our Service.

Whenever you use the Services, you agree to be bound by all of the terms and conditions of these Terms of Service. If you don’t agree to all the terms and conditions, you must not use our Services.

1. INTERPRETATION AND DEFINITIONS

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

2. DEFINITIONS

For the purposes of these Terms and Conditions:

Application means the software program provided by the Company downloaded by you on any electronic device, named Mobile Game.

Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.

Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Account means a unique account created for you to access our Service or parts of our Service.

Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Portamedia.Studio GbR, Bremen Germany.

Country refers to: Germany

Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.

Feedback means feedback, innovations or suggestions sent by you regarding the attributes, performance or features of our Service.

Goods refer to the items offered for sale on the Service.

Orders mean a request by you to purchase Goods from us.

In-app Purchase refers to the purchase of a product, item, service or Subscription made through the Application and subject to these Terms and Conditions and/or the Application Store’s own terms and conditions.

Promotions refer to contests, sweepstakes or other promotions offered through the Service.

Services refers to the Application or the Website or both.

Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between you and the Company regarding the use of the Service.

Feature Term means any other rules related to specific services like platforms and APIs, applications for mobile devices, forums, contests, subscriptions or loyalty programs that We may publish which apply to your use of those specific services and state they are part of these Terms.

User Content means all the data that you upload or transmit on or through the Service. This includes things like your profile picture or your in-game chat.

Virtual Items means (a) virtual currency, including but not limited to virtual coins, cash, tokens, or points, all for use in the Service and (b) virtual in-game items.

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

Website refers to Portamedia.Studio, accessible from https://portamedia.studio/

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

3. CHANGES TO THESE TERMS

We reserve the right, at our discretion, to change, modify, add or remove portions of the Terms, Feature Terms, and Privacy Policy at any time by posting the amended Terms, Feature Terms, or Privacy Policy on our sites or within the Service (such as through in-game notices). We may provide additional notice, such as an e-mail message or messaging within the Services, of any material changes. Unless we state otherwise, changes are effective when posted. If you continue to use the Services after the changes are posted you agree to the changes. New versions of the Terms and the Privacy Policy and any other policies, codes or rules will be accessible at https://portamedia.studio/ or from within the Services.

If you have a dispute with us, the version of the Terms, Feature Terms, and the Privacy Policy in effect at the time Portamedia.Studio received actual notice of the dispute will apply to such dispute. However, if you keep using the Service after the changes are posted, you are agreeing that the changes apply to your continued use of the Services.

You can’t make changes to the Terms, Feature Terms, or Privacy Policy unless both you and Portamedia.Studio sign a written amendment.

If the Terms or the Privacy Policy have provisions that conflict with other Portamedia.Studio terms or policies, the provisions in these Terms and the Privacy Policy win.

4. PRIVACY

To provide the Services, we need information about you, and we only use your information where we have a legal basis to do so. Please refer to our Privacy Policy to help you understand what information we process and how we use it and what choices you have when you use our Services.

5. AGE OF USERS

A person between the age of 13 and 18, requires consent of their parents or legal guardians (“Parents”) for using Services of the Company. Parents can provide and verify their consent through the Site or through another authorized third-party provider made available through the Services. Where Parental consent is required, Portamedia.Studio hereby recommends that Parents monitor the child’s online activity and use of the Services. A Parent who wishes to recall their previously-provided consent to a child’s access to and use of the Services should disconnect from our Services.

To the extent permitted under applicable law, Portamedia.Studio rejects and declines any responsibility regarding any activities conducted by a person under 13 years old with or without the permission of a Parent. If you are a Parent and you give your consent or permission for your child to register for the Services, you thereby agree to the terms relating to use of the Services by your child.

6. YOUR OBLIGATIONS

By registering or using the Sites and Services in any way, you agree to the following:

  • You agree not to access our Services in an unauthorized manner;
  • You agree that your use of the Services is at your own risk, and that you will not use the Services to violate any applicable law, regulation, or instructions as outlined in these Terms of Service and you will not encourage or enable any other individual to do so.
  • You agree not to harass or threaten other players;
  • You agree not to use any harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive language;
  • You agree not to conduct any unlawful chats, messaging, and similar communication content while using the Services;
  • If asked by a member of Portamedia.Studio to stop or change a behaviour or action, you will do so;
  • You agree not to cheat, hack or make any attack on the server in any way;
  • You agree not to transmit or make available in the Services or Site any advertising, promotional materials or any other forms of solicitation;
  • You agree not to transmit any material that contains viruses, worms, traps or malicious computer code;
  • You agree not to disrupt the normal flow of the application and dialogue, or otherwise act in a manner that negatively affects other people’s ability to use the Services;
  • You agree not to collect, process or store personal data about other people using the Services;
  • You agree only to use your own credit card with the Services; and
  • You agree not to use any Portamedia.Studio trademark, service mark or tradename, or any variation or misspelling thereof.

We may directly terminate or suspend your access to the Services, at our sole discretion, at any time and without notice to you, including if (a) you fail to comply with these Terms of Service; (b) we suspect fraud, cheating, or misuse by you; or (c) we suspect any other unlawful activity associated to your behaviour under mobile application. With that being said, in the event of any unlawful activity, particularly actions that constitute a criminal offense, being identified by or reported to Portamedia.Studio, the relevant situation will be reported to the competent authorities. Consequently, any actions taken by the competent authorities based on such reports, you accept and undertake that you have no right to make any claims, demands, or complaints against Portamedia.Studio.

7. IN-APP PURCHASES

The Application may include In-app Purchases that allow you to buy products, virtual items, services or Subscriptions.

More information about how you may be able to manage In-app Purchases using your Device may be set out in the Application Store’s own terms and conditions or in your Device’s Help settings.

In-app Purchases can only be consumed within the Application. If you make a In-app Purchase, that In-app Purchase cannot be cancelled after you have initiated its download. In-app Purchases cannot be redeemed for cash or other consideration or otherwise transferred.

If any In-app Purchase is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of the fault or being notified to the fault by you, investigate the reason for the fault and try to deliver a solution in an acceptable amount of time.

You acknowledge and agree that all billing and transaction processes are handled by the Application Store from where you downloaded the Application and are governed by that Application Store’s own terms and conditions.

If you have any payment related issues with In-app Purchases, then you need to contact the Application Store directly.

8. FEES, REFUNDS AND RETURN POLICY

All sales through the Services are final. You acknowledge and agree that any applicable fees and other charges (including, without limitation, virtual items) are not refundable in whole or in part. You are fully liable for all charges to your account, including but not limited to any unauthorized charges. Portamedia.Studio does not issue any refunds or offer any exchanges of any products purchased on or through the Services.

IN ADDITION TO THE FOREGOING, YOU ACKNOWLEDGE THAT, EXCEPT AS OTHERWISE SET FORTH UNDER APPLICABLE LAW, YOU WILL NOT BE REFUNDED, RECEIVE MONEY, OR BE OTHERWISE COMPENSATED FOR UNUSED VIRTUAL ITEMS OR OTHER GAME ASSETS WHEN THE SERVICES ARE TERMINATED FOR ANY REASON AND WITHOUT NOTICE OR AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

Portamedia.Studio may, at any time, amend the pricing, availability, specifications, content, descriptions or features of the game and mobile application or any products sold through the Services. The inclusion of any products through the Services at a particular time does not imply or warrant that these products will be available at any other time. All such changes will be effective immediately upon posting of such new product prices to the Services.

9. PROHIBITED USES

Company imposes certain restrictions on your permissible use of the Site and the Services. You are prohibited from violating or attempting to violate any security features of the Site or Services, including, without limitation,

(a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;

(b) attempting to probe, scan, or test the vulnerability of the Services, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization;

(c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Services, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”;

(d) using the Site or Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;

(e) forging any packet header or any part of the header information in any e-mail or in any posting using the Services;

(f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Services. Any violation of system or network security may subject you to civil and/or criminal liability.

Accordingly, you may not host, provide matchmaking services for, or intercept, emulate, or redirect the communication protocols used by Portamedia.Studio as part of any game or mobile application of Portamedia.Studio, regardless of the method used to do so. Such prohibited methods may include, but are not limited to protocol emulation, reverse engineering, modifying the games of Portamedia.Studio, adding components to the games of Portamedia.Studio, or using a utility program to host the games of Portamedia.Studio. Also, the use of any “user interface” for Company games other than the user interface that is Company provides for any particular Company game is prohibited by the Company.

Furthermore, you agree that you will not

(1) modify or cause to be modified any files that are a part of any particular game of Portamedia.Studio;

(2) create or use cheats, “mods”, and/or hacks, or any other third-party software designed to modify the experience of games of Portamedia.Studio;

(3) use any third-party software that intercepts, “mines”, or otherwise collects information from or through any particular game of Portamedia.Studio.

10. USE OF SOFTWARE

User Content

When accessing the Site or using the Services, you agree to obey the local law, general principles of law and to respect the intellectual property rights of others. Your use of the Services and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third-party rights rests solely with you. Additionally, in the event that you become aware of or reasonably suspect any infringement of the copyrights or trademarks or Company or any third parties, occurring on any Company Site, you will immediately notify Company to report such infringement. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libellous, defamatory, obscene, pornographic, abusive, or threatening; or (b) violates any applicable local, state, national, or foreign law or regulation under chat sessions. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Services, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Service or of any applicable laws.

11. LIMITED LICENSE TO USE THE SERVICES

Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Portamedia.Studio policies, Portamedia.Studio grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the service for your own non-commercial entertainment purposes. You agree not to use the service for any other purpose as Services are provided to you for your personal and non-commercial use only.

The following restrictions apply to the use of the Services:

You shall not (or attempt to) purchase, sell, rent or give away your account and you shall use your account only for non-commercial purposes, you shall not create an account using a false identity or information, or on behalf of someone other than yourself;

You shall not use the Services if you have previously been removed by Portamedia.Studio, or previously been banned from playing any Portamedia.Studio game.

You shall not use the Services for the purpose of committing any unlawful act.

License Limitations

Any use of the Services in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.

You agree that you will not, under any circumstances:

Engage in any act that Portamedia.Studio deems to be in conflict with the spirit or intent of the Services or make improper use of Portamedia.Studio support services.

Use or take part (directly or indirectly) in the use of cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Services, any Portamedia.Studio game or any Portamedia.Studio game experience.

Modify or cause to be modified any files that are a part of the Services or any Portamedia.Studio game and mobile application without Portamedia.Studio express written consent.

Attempt to gain unauthorized access to the Services, accounts registered to others or to the computers, Servers, or networks connected to the Services by any means other than the user interface provided by Portamedia.Studio, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Services.

Portamedia.Studio reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Services itself. Portamedia.Studio reserves the right to take action as a result, which may include terminating your account and prohibiting you from using the Services in whole or in part.

12. SUSPENSION AND TERMINATION OF ACCOUNT AND SERVICES

Without limiting any other remedies, Portamedia.Studio may limit, suspend, terminate, modify, or delete accounts or access to the services or portions thereof if you are, or we suspect that you are, failing to comply with any of these terms of service or for any actual or suspected illegal or improper use of the services, with or without notice to you.

Without limiting our other remedies, we may limit, suspend or terminate the services and user accounts or portions thereof, prohibit access to our mobile application, games and sites, and their content, services and tools, delay or remove hosted content, and take technical and legal steps to prevent users from accessing the services if we believe that they are creating risk or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our terms or policies. Additionally, we may, in appropriate circumstances and at our sole discretion, suspend or terminate accounts of users who may be repeat infringers of third-party intellectual property rights.

13. COPYRIGHT INFRINGEMENT

Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Services. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Services user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention.

We respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”) and similar or equivalent local laws that may apply. We reserve the right to terminate any player’s access to the Service if we determine that the player is a “repeat infringer.” We do not have to notify the player before we do this.

14. ALLEGED VIOLATIONS

Company reserves the right to terminate your use of the Services, mobile application and/or the Site. To ensure that Company provides a high-quality experience for you and for other users of the Site and the Services, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorized uses of the Site or the Services in accordance with the terms and provisions of Privacy Policy of Portamedia.Studio. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Service, furnished Company with false or misleading information, or interfered with use of the Site or the Services by others.

15. NO WARRANTIES

Company hereby disclaims all warranties. The services and information from or through the site are provided “as is” and “as available.” To the maximum extent permitted by law, company expressly disclaims any and all warranties, express or implied, regarding the site, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or noninfringement. Company does not warrant that the site or the services will meet your requirements or that the operation of the site or the services will be uninterrupted or error-free. The information and services may contain bugs, errors, problems or other limitations. We and our affiliated parties have no liability whatsoever for your use of any information or services.

16. LIMITATION OF LIABILITY

To the maximum extent permitted by law, Portamedia.Studio shall not be liable to you for any indirect, incidental, consequential, special, punitive or other similar damages, including but not limited to loss of revenues, lost profits, lost data or business interruption or other intangible losses (however such losses are qualified), arising out of or relating in any way to these Terms of Service or the Services itself, whether based on contract, tort or any other legal theory, and whether or not Portamedia.Studio has been advised of the possibility of such damages. To the extent not prohibited by law, Portamedia.Studio shall not be liable to you for more than the amount you paid to us for the purchases made over the games of Portamedia.Studio.

Nothing in these terms of service shall affect the statutory rights of any consumer or exclude or restrict any liability resulting from gross negligence or willful misconduct of Portamedia.Studio.

You agree to indemnify, defend and hold Portamedia.Studio its affiliates and representatives harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Services, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behaviour.

17. DISCLAIMER AND ACKNOWLEDGEMENT REGARDING GAME DATA

You hereby acknowledge that by using the Site or the Services that you do not acquire any property rights whatsoever in the Site, Services, Game Data (as defined below), or any status within the Site and Services. To play games created by the Company requires the creation and retention of electronic files, including without limitation player characters, accounts, in-game virtual currency, statistics, user profiles, etc. (“Game Data”), which are stored by Company. While keeping Game Data safe is a priority of Company, note that Company shall not have any liability for the loss of any Game Data for any reason whatsoever.

Specifically, regarding all Portamedia.Studio in-app purchases, you hereby acknowledge that by purchasing or otherwise obtaining in-game items you do not acquire any property rights whatsoever in the in-game virtual items/currencies. Portamedia.Studio in-game currencies are game data that are integral to Portamedia.Studio providing entertainment services to its users.

18. INDEMNIFICATION

You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates and representatives from any and all third-party claims, losses, liability, damages, and/or costs (including but not limited to all attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Service, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

19. WEBSITE CODE

All website code and shockwave files associated with the Site or Services belong to Portamedia.Studio.

20. TRADEMARK

Unlawful use of Company trademarks is strictly prohibited. Such trademarks shall include, but are not limited to: “Portamedia.Studio” and “Just Delicious”.

21. DISPUTES AND GOVERNING LAW

If a dispute arises between you and Portamedia.Studio, Portamedia.Studio strongly encourages you to first contact Portamedia.Studio directly to seek a resolution by opening a help ticket directly in-game via the help section or contact Portamedia.Studio at contact@portamedia.studio. You agree that all disputes between you and Portamedia.Studio shall be governed by the laws of Germany without regard to conflict of law provisions, and you agree to submit to the jurisdiction of such court.

22. SEVERABILITY

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Service to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect.

23. MODIFICATIONS

Company may, in its sole discretion and without prior notice, (a) revise these Terms of Service; (b) modify the Site and/or the Services; and (c) discontinue the Site and/or Services at any time. Company shall post any revision to these Terms of Service to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Service and other online policies posted on the Site periodically to be aware of any revisions.

24. FORCE MAJEURE

Portamedia.Studio shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Portamedia.Studio, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Portamedia.Studio’ control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, pandemic, energy, labor or materials.

BY USING THE SERVICES OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

Privacy Policy

Privacy Notice to all Portamedia.Studio App Users
Version last revised: 15 Dec. 2023

1. INTRODUCTION AND PURPOSE OF THIS PRIVACY NOTICE

Portamedia.Studio (“Portamedia.Studio” or “we”, “us”, “our”) is a software & media company that designs and develops mobile games and offers contracting services for other game studios. Our main office is based in Bremen, Germany.

With this Privacy Policy, we aim to explain how and why we gather, store, share and use your personal data in a manner consistent with the laws of the countries we operate in.

When you use our products and services, including our website or mobile apps, we will process certain personal data that concerns you.  ‘Process’ or ‘processing’ as used in this Privacy Notice includes any operation performed on personal data or on sets of personal data, like collection, storage, organisation, retrieval, updating, amending, deletion, consultation, use, sharing or making available internally or to others.

This Privacy Policy applies to websites, mobile applications, forums, blogs, any offline services, our marketing and advertising activities on all platforms and other services that we may provide to you from time to time (collectively, the “Services”).

Portamedia.Studio is the controller of the personal data we hold about you in connection with your use of the Services. This means that we determine and are responsible for how your personal data is used. Under this Privacy Policy, your personal data shall be processed in order to provide the Services once you download our mobile applications, access and/or play our games, or interact with our Services. If you have any other concerns about providing data to us or it being used as described in this Privacy Policy, you may contact us and use your rights explained under Security section of this Privacy Policy.

2. PERSONAL DATA WE MAY COLLECT FROM YOU AND HOW WE PROCESS IT

Types of Data Collected

Personal Data

While using Our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to:

  • Contact Information, including your country or region, or username, age, gender.
  • User Generated Content, including any files, documents, videos, images, data, or information you choose to upload or transmit through your communications with us or your use of the Services.
  • Usage Data

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as your device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When you access the Service by or through a mobile device, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.

We may also collect information that your browser sends whenever you visit our Service or when you access the Service by or through a mobile device.

We use this information to provide features of our Service, to improve and customize our Service. The information may be uploaded to the Company’s servers and/or a Service Provider’s server or it be simply stored on your device.

You can enable or disable access to this information at any time, through your device settings. You can also enable or disable location services when you use our Service at any time, through your device settings.

Tracking Technologies and Cookies

We use cookies and similar tracking technologies to track the activity on our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some parts of our Service.

Cookies can be “Persistent” or “Session” cookies. Persistent cookies remain on your personal computer or mobile device when you go offline, while session cookies are deleted as soon as you close your web browser.

We use both session and persistent cookies for the purposes set out below:

  • Necessary / Essential Cookies Type: Session Cookies administered by us. These cookies are essential to provide you with services available through the Website and to enable you to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these cookies, the services that you have asked for cannot be provided, and we only use these cookies to provide you with those services.
  • Cookies Policy / Notice Acceptance Cookies Type: Persistent Cookies administered by us. These cookies identify if users have accepted the use of cookies on the Website.
  • Functionality Cookies Type: Persistent Cookies administered by us. These cookies allow us to remember choices you make when you use the Website, such as remembering your login details or language preference. The purpose of these cookies is to provide You with a more personal experience and to avoid you having to re-enter your preferences every time you use the Website.
  • Tracking and Performance Cookies Type: Persistent Cookies administered by third-parties. These cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the Website. We may also use these cookies to test new advertisements, pages, features or new functionality of the Website to see how our users react to them.
  • Targeting and Advertising Cookies Type: Persistent Cookies administered by third-parties. These cookies track your browsing habits to enable us to show advertising which is more likely to be of interest to you. These cookies use information about your browsing history to group you with other users who have similar interests. Based on that information, and with our permission, third party advertisers can place cookies to enable them to show adverts which we think will be relevant to your interests while you are on third party websites

3. THIRD-PARTY DATA COLLECTION AND ONLINE ADVERTISING

We participate in interest-based advertising and use third-party advertising companies to serve targeted advertisements based on your browsing history. We permit third-party online advertising networks, social media companies and other third-party services to collect information about your use of our online services over time so that they may play or display ads on our Services, on other websites or services you may use, and on other devices, you may use.

Our advertising partners may help us serve ads to you by combining your personal data with data they have collected about you elsewhere. They collect this information when you use their services or the websites and services of third parties. Our partners use this information to make assumptions about the kinds of advertising you would prefer to see. If they determine that you would be interested in seeing an advert for Portamedia.Studio’ Services, they will serve you with a Portamedia.Studio advertising while using other websites and services. We use ad identifiers and similar technologies to provide our Services to you and in order to collect data from your device.

These technologies allow our third-party advertising partners and us to:

  • recognize you and your device;
    • provide interest-based advertising to you;
    • allow our Services to interact with a third-party social network or platform (where you have chosen to allow such interaction);
    • enable third parties and us to provide you with more customized services, for example, to provide our Services in the correct language.

Typically, though not always, the information used for interest-based advertising is collected through tracking technologies, such as cookies, web beacons, embedded scripts, location-identifying technologies, and similar technology, which recognize the device you are using and collect information, including click stream information, browser type, time and date you visited the Sites, AdID, precise location data and other information. We may share a common account identifier (such as a hashed email address or user ID) with our third-party advertising partners to help identify you across devices.

Our third-party partners and we may use this information to make the advertisements you see online more relevant to your interests and provide advertising-related services such as reporting, attribution, analytics and market research. We may also use services provided by third parties (such as social media platforms) to serve targeted ads to you and others on such platforms. We may do this by providing a hashed version of your email address or other information to the platform provider.

4. PURPOSES FOR PROCESSING OF YOUR PERSONAL DATA

We collect and use your personal data for the following purposes:

  • to enable us to personalise your in-game profile, provide our games, to ensure that your purchases are activated in the games, and to provide you with player support if you need it;
  • to enable us to optimize our games for you and for the device that you are using, as well as to deliver customized in-game events, offers and promotions;
  • to verify your identity and entitlement to products or Services when you contact us or access our Services;
  • to help maintain the safety, security and integrity of our property and Services, technology assets and business;
  • to operate, improve and optimize our games and services;
  • to personalize our Services, understand our users and their preferences to enhance user experience and enjoyment using our Services and improve our users’ experience;
  • to communicate with you regarding Services-related information, including confirmations, technical notices, updates, security alerts and support and administrative messages;
  • to enable players to communicate with each other in games or on our social media accounts;
  • to respond to your comments and inquiries and provide customer support services;
  • to prevent potentially prohibited or illegal activities, including cheating or fraud and to protect our players;
  • to measure interest in our Services;
  • to ensure internal quality control;
  • to enable us to comply with laws that apply to us, to prevent fraud, to ensure compliance with our Terms of Service or, where necessary, to defend, exercise or establish our legal rights, including our rights under our Terms of Service;
  • to ensure the activation of parental control setting and verification;
  • to comply with contractual and legal obligations and requirements;
  • to provide support through our customer service channels when requested;
  • to conduct internal research and analytics; and
  • as otherwise expressly set out in this Privacy Policy or as required or permitted by law.

5. CONTROL OVER YOUR DATA

Delete or Reset our Services. There are other ways in which you can control the personal data that we collect about you. For instance, delete our games from your mobile device. You could also reset your mobile advertising identifier.

Access to Your Device Information. You may control the Services’ access to your device information through your “Settings” app on your device. For instance, you can withdraw permission for the Services to access your network devices and location data and to integrate with your other applications.

Modifying or Deleting Your Information. If you have any questions about reviewing, modifying, or deleting your information, you can contact us by any method described in the Contact Us section below. We may not be able to modify or delete your information in all circumstances.

Push Notifications. We may occasionally send you push notifications through our mobile applications with game updates, high scores and other notices that may be of interest to you. You may at any time opt-out from receiving these types of communications by changing the settings on your mobile device.

Online Advertising. If you prefer that your personal data is not processed to receive interest-based ads, you can submit an opt-out request by contacting us via contact@portamedia.studio. You should note that if you opt-out of receiving interest-based or targeted advertising, you will still see advertising, and you may see advertising for Portamedia.Studio products and Services, but that advertising will not be targeted using your personal data. Opting out of interest-based advertising at a device level: You can choose to prevent your device’s ad identifier from being used for interest-based advertising, or you can reset your device’s ad identifier by changing your device’s settings. Settings vary from device to device, but you will usually find the ad identifier settings under “privacy” or “ads” in your device’s settings.

Cookies. Please see the Cookies section of this Privacy Policy for the detailed information on how you can control your cookie settings.

6. YOUR RIGHTS

Those rights include:

Access to personal data: You have the right to access your personal data that  we use.

Correction or deletion of personal data: You have the right to ask us to correct or complete your personal data if it is wrong or incomplete. You may also have the right to ask us to delete your personal data when certain conditions apply.

Account deactivation: Should you wish to deactivate your account completely, you can delete our games from your mobile devices. Please note that if you completely deactivate your account, all your progress in our games and any unspent virtual items will be lost, and we may not be able to restore them in the future.

Restriction on processing personal data: You may have the right to ask us to restrict the use of your personal data when certain conditions apply.

Object to processing of personal data: You may have the right to object to the use of your personal data by us when certain conditions apply.

Portability of personal data: You may have the right to receive your personal data in a structured and commonly used format so you can use this data with another company when certain conditions apply.

Right to opt out of:

Targeted advertising: You may have the right to direct us not to process your personal data to provide targeted advertising.

Certain types of profiling: You may have the right to direct us not to process your personal data for certain types of profiling activities.

To use the right to opt-out, you can contact us by any method described in the Contact Us section below. Please also see the Control Over Your Information section of this Privacy Policy for detailed information.

Right to non-discrimination. You may have the right not to receive discriminatory treatment for exercising these rights. However, please note that if the exercise of these rights limits our ability to process personal data (such as in the case of a deletion request), we may no longer be able to provide you with our products and services or engage with you in the same manner.

Right to appeal. If we decline to take action on a request exercising one of your rights set forth above, you may have the right to appeal our decision.

Right to Withdraw Consent. There are certain circumstances where we require your consent to process your personal data. In these instances, and if you have provided consent, you may have the right to withdraw your consent. If you withdraw your consent, this will not affect the lawfulness of our use of your personal data before your withdrawal.

In certain circumstances, we may decline a request to exercise the rights described above, particularly where we cannot verify your identity or locate your information in our systems. If we cannot comply with all or a portion of your request, we will explain the reasons for declining to comply with the request.

7. CHILDREN’S PRIVACY

We do not intend to or knowingly collect personal data from children. We use the term “children” to refer to someone who is (a) under 13 years old or, if older (b) between 13 and 17 years old but under the age at which they can give valid consent to the processing of their personal data under applicable local or regional laws.

In general, we do not intentionally or knowingly collect any personal data from children. If a child under the age of 13 has provided personal data to us, we encourage the child’s parent or guardian to contact us to request that we remove the personal data from our systems. If you believe that we might have any information from or about children, please Contact Us.

Additionally, parents can enable or disable chat and purchase features through the parental control setting under “Settings” menu. Once parental control is activated, chat and purchase features cannot be accessed without pre-set password.

8. INTERNATIONAL TRANSFER

All personal data collected or stored by Portamedia.Studio may be stored anywhere in the world, including, but not limited to, Germany and the European Union. When we transfer your personal data internationally, we will take reasonable steps to ensure that it is treated securely, lawfully, and in the manner, we describe here. Please note that laws vary from jurisdiction to jurisdiction, so the privacy laws applicable to the places where your personal is transferred to or stored, used or processed may be different from the privacy laws applicable to the place where you are resident and may not provide the same level of protection for personal data as the country from which it was transferred.

We may transfer personal data about you outside of Europe. When we do so, we rely on appropriate or suitable safeguards recognized under applicable law, including adequacy decisions and standard contractual clauses.

If you are using our Services from the European Union or other regions with laws governing data collection and use, please note that by providing your personal data to us, you consent to process your personal data in the above-mentioned locations.

By choosing to visit the Services or otherwise provide information to us, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the laws of the Germany and the adjudication of any disputes arising in connection with our Services will be in accordance with the terms of Portamedia.Studio Terms of Service.

9. PAYMENTS

We may provide paid products and/or services within the Service. In that case, we may use third-party services for payment processing (e.g. payment processors).

We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

Apple Store In-App PaymentsTheir Privacy Policy can be viewed at https://www.apple.com/legal/privacy/en-ww/

Google Play In-App PaymentsTheir Privacy Policy can be viewed at https://www.google.com/policies/privacy/

10. SECURITY

The personal data you provide to Portamedia.Studio is stored on servers located in secured facilities and protected by protocols and procedures such as firewalls and data encryption designed to ensure industry-standard security of such data. However, no server, computer or communications network or system, or data transmission over the internet can be guaranteed to be 100% secure. As a result, while Portamedia.Studio strives to protect your personal data, Portamedia.Studio cannot ensure or warrant the security of any personal data you transmit to Portamedia.Studio or through the Services.

By using the Services or providing personal data to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues related to your use of the Services. If we learn of a security system breach, we may attempt to notify you electronically by posting a notice on the Services or sending an email to you.

11. LAWFUL BASIS OF PROCESSING

We process all of the above data in the pursuit of our legitimate business interests, including the pursuit of new business, new customers and revenue streams, as well as the development of new, improved apps and games and building our share of the market, our reputation and brands.

In some cases we also need to process the personal data pursuant to a contract with you or a third party, such as Apple or Google, or to comply with a legal obligation.

Where we have not indicated that a lawful basis other than legitimate interest applies, you are entitled to object to the processing of the persona data.

Legitimate Interests. This covers data used by us for purposes that are not harmful to your privacy and can be reasonably expected within the context of your use of our Services, such as marketing, advertising, analytics, research and optimization of our games and other Services; and

Consent. This is used as a legal basis in the following contexts: the collection of data stored on your device by our advertising partners and us, including device information, ad identifiers, IP address, country and region. You consent to this collection when you agree to install our game and can withdraw your consent by uninstalling our games.

In this Privacy Policy, we have explained how you can opt-out of certain types of processing that we undertake. Where any processing is based on your consent, you can withdraw that consent at any time in the ways described in this Privacy Policy.

Nonetheless, if you use our Services, we will still collect some personal data about you and process it as otherwise described in this Privacy Policy. If you do not wish us to collect any personal data about you at all, you should cease using our Services.

12. THIRD PARTY WEBSITES

Our Services may include links to third-party websites, plug-ins and applications. Except where we post, link to or expressly adopt or refer to this Privacy Policy, this Privacy Policy does not apply to, and we are not responsible for, any personal data practices of third-party websites and online services or the practices of other third parties. To learn about the personal data practices of third parties, please visit their respective Privacy Policies.

13. RETENTION

We retain your data for as long as your account is active or as needed to provide you with the Services.

Note that if you ask us to remove your personal data, we will retain your data as necessary for our legitimate business interests, such as to comply with our legal obligations, resolve disputes, and enforce our agreements.

14. CHANGES TO THIS PRIVACY POLICY

We may update this Privacy Policy from time to time, and we will post the updated Privacy Policy on this page. When we make changes to this Privacy Policy, we will change the date at the beginning of this Privacy Policy. If we make material changes to this Privacy Policy, we will notify individuals by email to their registered email address, by prominent posting on our Services, or through other appropriate communication channels. Any new policy will be effective from the date it is published by us.

15. MAKING A COMPLAINT

If you think we have not complied with applicable legal requirements when processing personal data that concerns you or others, you have a right to lodge a complaint with any data protection of EU Supervisory Authority.

You can find details of all the EU Supervisory Authorities here: https://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.  Please note these details are subject to change outside our control, so please check online for up-to-date contact information.

16. CONTACT US

If you have any questions, comments or concerns regarding our Privacy Policy and/or practices, please send an e-mail to contact@portamedia.studio or the address written at the top of this Privacy Notice.