onAwake Software Limited

Privacy Policy

You may use the App only if you are 13 years or older and are not barred from using the App under applicable law.

Last Updated: June 23th, 2019

This policy sets out:

1. the information we collect about you when you visit our websites, use our products or services, or otherwise interact with us;
2. how we use, share, store, and secure the information; and
3. how you may access and control the information.

Introduction

onAwake Software Limited designs, develops and publishes applications (“apps”) for mobile devices. “onAwake Software Limited”, or “onAwake”, or “we”, “our”, or “us” refers to onAwake Software Limited of Enterprise Place, Unit 308-313, 3/F, No. 5 Science Park West Avenue, Science Park, Shatin, Hong Kong in this Privacy Policy. We take our users’ (“users” or “you”) privacy rights seriously.

This page is to inform users regarding our policies with the collection, usage, storage, disclosure of Personal Information you provide to us if anyone decided to use any of our apps and websites (the “Services”).

If you choose to use our Service, then you accept this Privacy Policy and agree to allow us to collect, use, store, disclose and manage your Personal Information in relation to this policy. If you do not want onAwake to collect, store, use or share your information in the ways described in this Privacy Policy, you should not play onAwake’s apps or use onAwake’s Services. The Personal Information that we collect is used for providing and improving the Service. We will not use or share your information with anyone except as described in this Privacy Policy.

In this policy, “personal information” refers to any data, information, or combination of data and information that is provided by you to us, or through your use of our products or services, that relates to an identifiable individual.

1. What information we collect about you

We collect the following types of information about you:

1. account and profile information that you provide when you register for an account or sign up for our products or services, for example your name, username, date of birth, gender, email address, phone number (collectively, “Account Data”);
2. information you provide through support channels, for example when you report a problem to us or interact with our support team, including any contact information, documentation, or screenshots (collectively, “Support Data”);
3. content you provide through the use of our products or services, for example art creations, photos, comments, chats, reviews (collectively, “User Content”);
4. communication, marketing, and other preferences that you provide us when you participate in a survey or a questionnaire that we send you (collectively, “Preference Data”);
5. details of any transactions, purchases, or orders that you’ve made with us (collectively, “Transaction Data”);
6. information about your device or connection, for example your internet protocol (IP) address, log-in data, browser type and version, device language, time-zone setting, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access our products or services, your mobile device’s identifiers, such as your MAC Address, Identifier For Advertising (IDFA), and/or International Mobile Equipment Identity (IMEI), the website or apps you visited or used before or after visiting our Services, domain names, landing pages, pages viewed, clicks and time on a page, app activity, app state and the date and time of activity on our websites or apps, measure the effectiveness of advertising, social network ID, other contextual data about your gameplay (such as, your level and session duration), performance data (like the number of clicks on an advertisement), aggregated and/or de-identified information about you and other players collectively that is not intended to specifically identify you (for example, players between the ages of 29 and 34 who live in Berlin) and information we collect through cookies and other data collection technologies (please read our Cookies Policy for details) (collectively, “Technical Data”); and
7. Information about your use of or visit to our Platform, for example your clickstream to, through, and from our Platform, products you viewed, liked, commented, used, or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), or methods to browse away from the page (collectively, “Usage Data”).

We collect the above information when you provide it to us or when you use or visit our Platform. We may also receive information about you from other sources, including:

1. other services linked to your account, for example If you register or log in your account using your Google or Facebook credentials, we receive your name and email address to authenticate you, as permitted by your Google or Facebook profile settings;
2. our business partners and service providers based in worldwide who provide technical, payment, advertising networks, analytics, market research, and search information services.

We do not collect sensitive data or special category data about you. This includes details about your race, ethnic origin, politics, religion, trade union membership, genetics, biometrics, health, or sexual orientation.

2 How we use the information we collect

We only use your personal information where the law allows us to. We use your personal information only where:

1. we need to perform the contract we have entered into (or are about to enter into) with you, including to operate our products or services, to provide customer support and personalised features, and to protect the safety and security of our Platform;
2. it satisfies a legitimate interest which is not overridden by your fundamental rights or data protection interests, for example for research and development, and in order to protect our legal rights and interests
3. you’ve given us consent to do so for a specific purpose, for example we may send you direct marketing materials or publish your information as part of our testimonials or customer stories to promote our products or services with your permission; or
4. we need to comply with a legal or regulatory obligation.

If you have given us consent to use your personal information for a specific purpose, you have the right to withdraw your consent at any time by contacting us (please refer to paragraph 9 for contact information), but please note this will not affect any use of your information that has already taken place.

We do not share your personal information with any company outside our group for marketing purpose, unless with your express specific consent to do so.

For visitors to or users of our Platform who are located in the European Union, we have set out our legal bases for processing your information in the Legal Bases Table at the end of this policy.

3 How we share information we collect

We share information with third parties that help us operate, provide, support, improve, and market our products and services, for example third-party service providers who provide website and application development, data storage and backup, infrastructure, billing, payment processing, customer support, business analytics, and other services.

Third-party service providers have access to your personal information only for the purpose of performing their services and in compliance with applicable laws and regulations. We require these third-party service providers to maintain confidentiality and security of all personal information that they process on our behalf and to implement and maintain reasonable security measures to protect the confidentiality, integrity, and availability of your personal information.

We take reasonable steps to confirm that all third-party service providers that we engage process personal information in the manner that provides at least the same level of protection as is provided under this policy. Where any third-party provider is unable to satisfy our requirements, we will require them to notify us immediately and we will take reasonable steps to prevent or stop non-compliant processing.

We may share personal information on aggregated or de-identified basis with third parties for research and analysis, profiling, and similar purposes to help us improve our products and services.

If you use any third-party software in connection with our products or services, for example any third-party software that our Platform integrates with, you might give the third-party software provider access to your account and information. Policies and procedures of third-party software providers are not controlled by us, and this policy does not cover how your information is collected or used by third-party software providers. We encourage you to review the privacy policies of third-party software providers before you use the third-party software.

Our Platform may contain links to third-party websites over which we have no control. If you follow a link to any of these websites or submit information to them, your information will be governed by their policies. We encourage you to review the privacy policies of third-party websites before you submit information to them.

We may share your information with government and law enforcement officials to comply with applicable laws or regulations, for example when we respond to claims, legal processes, law enforcement, or national security requests.

If we are acquired by a third party as a result of a merger, acquisition, or business transfer, your personal information may be disclosed and/or transferred to a third party in connection with such transaction. We will notify you if such transaction takes place and inform you of any choices you may have regarding your information.

4 How we store and secure the information we collect

We may use third parties data hosting service providers to host the information we collect. Such third parties will comply with our Privacy Policy and to use your Personal Information only for the purposes for which they have been engaged by us. We are not responsible for these third parties’ acts and omissions, except as provided by the applicable laws. Please note that other countries’ data protection laws may not be the same as those of your country of residence or governmental jurisdiction. You hereby consent to the transfer, storage and processing of your Personal Information as mentioned in this section.

We have adopted the following measures to protect the security and integrity of your personal information:

1. access to your personal information is restricted to personnel or service providers on a strictly need-to-know basis, who will only process your information on our instructions and who are subject to a duty of confidentiality; and
2. our information collection, storage, and processing practices are reviewed regularly.
3. We have put in place procedures to deal with any suspected privacy breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

While we implement safeguards designed to protect your information, please note that no transmission of information on the Internet is completely secure. We cannot guarantee that your information, during transmission through the Internet or while stored on our systems or processed by us, is absolutely safe and secure. You transmit your information to our sites at your own risk. After we receive your information, we have procedures and security measures in place to attempt to prevent any unauthorised access. You also have the obligation to limit access to your computer (or other device) and browser by logging out after you have finished accessing your account to ensure that there is no unauthorized access to your account and Personal Information.

We only retain personal information for so long as it is reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. We periodically review the basis and appropriateness of our data retention policy.

5 How we transfer information internationally

We collect information globally and primarily store that information in servers provided by Scaleway. We transfer, process, and store your information outside your country of residence where we or our service providers operate for the purpose of providing our products and services to you.

Some of the countries in which our companies or service providers are located may not have the privacy and data protection laws that are equivalent to those in your country of residence. When we share information with these companies or service providers, we make use of contractual clauses, corporate rules, and other appropriate mechanisms to safeguard the transfer of information.

6 Your rights

You have the right to:

1. be informed of what we do with your personal information;
2. request a copy of personal information we hold about you;
3. require us to correct any inaccuracy or error in any personal information we hold about you;
4. request erasure of your personal information (note, however, that we may not always be able to comply with your request of erasure for record keeping purposes, to complete transactions, or to comply with our legal obligations);
5. object to or restrict the processing by us of your personal information (including for marketing purposes);
6. request to receive some of your personal information in a structured, commonly used, and machine readable format, and request that we transfer such information to another party; and
7. withdraw your consent at any time where we are relying on consent to process your personal information (although this will not affect the lawfulness of any processing carried out before you withdraw your consent).

Our Platform enables you to update certain information about yourself, for example You may change your business or personal information by updating your user profile or changing your user settings.

You may opt out of receiving marketing materials from us Any Personal Information collected and held by us may be accessed or amended by you by changing the relevant information through our sites. You may contact us at [email protected] if you decide to close your account(s). We will review, update, correct or delete the relevant information as appropriate and your information may still be retained in our systems for enforcing our user agreement, maintaining the security, integrity, and operation of our sites and the Services and resolving any disputes.. Please note, however, that even if you opt out from receiving marketing materials from us, you will continue to receive notifications or information from us that are necessary for the use of our products or services.

As a security measure, we may need specific information from you to help us confirm your identity when processing your privacy requests or when you exercise your rights.

We will respond to all legitimate requests within one (1) month. Occasionally, it may take us longer than a month if your request is particularly complex or if you have made a number of requests.

7 Payment

We will not collect or store 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. The payment processors we work with:

Apple Store In-App Payments

Privacy Policy: apple.com/legal/privacy

Google Play In-App Payments

Privacy Policy: google.com/policies/privacy

8 Changes to this policy

We may amend this policy from time to time by posting the updated policy on our Platform. By continuing to use our Platform after the changes come into effect, you agree to be bound by the revised policy.

9 Policy towards children

Our products and services are not directed to individuals under 13. We do not knowingly collect personal information from individuals under 13. If we become aware that an individual under 13 has provided us with personal information, we will take steps to delete such information. Contact us if you believe that we have mistakenly or unintentionally collected information from an individual under 13.

10 Contact us

Please contact us at [email protected] or submit any written request to:

onAwake Software Limited

Address: Enterprise Place, Unit 308-313, 3/F, No. 5 Science Park West Avenue, Science Park, Shatin, Hong Kong

Please contact us in the first instance if you have any questions or concerns. If you have unresolved concerns, you have the right to file a complaint with a data protection authority in the country where you live or work or where you feel your rights have been infringed.

COOKIES POLICY

We collect certain technical information when you use the Services in order to manage advertising, analyze the usage of our sites and services, and provide a more personalized experience.

Cookies are small text files that are placed on your device by a web server when you access our Platform. We use cookies to identify your access and monitor usage and web traffic on our Platform to customise and improve our products and services.

We use both persistent cookies and session cookies. A persistent cookie stays in your browser and will be read by us when you return to our Site or a partner site that uses our services. Session cookies only last for as long as the session lasts (usually the current visit to a website or a browser session).

We use the following types of cookies:

1. Strictly necessary cookies – these are cookies that are required for the operation of our site. They include, for example, cookies that enable you to log into the secure areas of our website.
2. Analytical/performance cookies – these allow us to recognise and count the number of visitors and to see how visitors move around our Site when they are using it. This helps us to improve the way our site works, for example, by ensuring that users are finding what they are looking for.
3. Functionality cookies – these are used to recognise you when you return to our site.
4. Targeting cookies – these cookies record your visit to our site, the pages you have visited, and the links you have followed.

You can block cookies by activating the setting on your browser that allows you to refuse the use of all or some cookies. However, if you do so, you may not be able to access all or parts of our site.

LEGAL BASES TABLE

Third Party Service Providers used by the Apps

We may employ third-party companies and individuals due to the following reasons:

• To facilitate our Service;
• To provide the Service on our behalf;
• To perform Service-related services; or
• To assist us in analyzing how our Service is used.

This Service may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by us. Therefore, we strongly advise you to review the Privacy Policy of these websites. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

We want to inform users of this Service that these third parties have access to your Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.

This Privacy Policy does not apply to information collected and stored by other third party companies or entities to which our Services may link. Links to Privacy Policy of some of the third party service providers used by the app:

• Google Play Services
• AdMob
• Firebase Analytics
• Facebook