Game of Whales Ltd., an Israeli private limited company, having its principal place of business at 10 Nahalat Yitzhak, Tel-Aviv, 6744809, Israel (“Game of Whales”, “we”, “us” or “our”) provides an analytics, monetization and optimization software-as-a-service, which enables the tracking, analysis and optimization of users’ spending activities on mobile applications (respectively the “Apps” and the “SaaS”). The SaaS is available to App developers and/or publishers (“Developer” or "Customer") through implementation of the Game of Whales Software Development Kit (“Game of Whales SDK”), which can be downloaded from the Game of Whales’ website, at: www.gameofwhales.com (the “Site”).
Game of Whales are fully committed to protect the privacy of visitors to our Site (the “Visitors”) and/or of our Customers, along with the privacy of their Apps’ users (“End User”), in compliance with applicable privacy and personal data laws and regulations. Customer, Visitors and End Users are hereby referred to hereunder as “you” or “your”.
We take extra care in protecting the personal information that Customers and Visitors share with us in connection with their use of the SaaS, the Game of Whales SDK, and the Site , including information concerning our Customers Apps’ End Users (the "Services").
2. YOUR CONSENT
3. WHAT INFORMATION DO WE COLLECT?
We may collect several types of data and information from and about our Visitors, Customers and their End-Users. In this section, we describe the categories of information which we may collect, and the applicable circumstances under which such collection is performed.
3.1 First – What is Personal Information?
Personal information refers to individually identifiable information, namely information that identifies an individual or may with reasonable efforts or together with additional information we have access to, enable the identification of an individual, or may be of private or sensitive nature information relating to an identified or identifiable natural person. Identification of an individual also includes association of such individual with a persistent identifier such as a name, an identification number, persistent cookie identifier etc.
Personal information does not include information that has been anonymized or aggregated so that it can no longer be used to identify a specific natural person.
3.2 We collect personal information from you when you use or interact with our Services
We collect personal information from you and any devices (including mobile devices) you use when you: use, interact or access our Services, register for an account with us, provide us information on a web form or other text field within our Site, update or add information to your account, or through correspondence you and we conduct with each other.
More specifically we collect and use the following categories and types of information in the following respective circumstances:
Personal information Customers and/or Visitors provide us actively and voluntarily when they use or interacts with our Services:
- Contact information such as Customers and/or Visitors name, company number, signing person name and position, email and physical addresses, and telephone number, all when such Customers and/or Visitors fill our online form or register for an account with us or when they update their accounts details. At registration Customers also provide us with a list of Apps in which they would like to implement the Game of Whales SDK.
- The contents of Customers and/or Visitors interaction with our customer support which may include text/video/audio recording and transcripts of such communications.
- Financial information (such as credit card or bank account numbers), which is processed by our third party services providers as further detailed below and to which we have no access.
- Information Customers and/or Visitors voluntarily provide to the Services for the purpose of personalization of their interface with the Services.
- Information we are required or authorized by applicable national laws to require Customers and/or Visitors to provide us in order to authenticate or identify them or to verify the information we have collected or otherwise provide them with our Services.
Personal information we automatically obtain when Customers, End Users and/or Visitors use or interact with our Services:
This is information we obtain through the Services when Customers, End Users and/or Visitors access or interact with the Services, which is derived, learned, or detected as a result of such access and/or interaction. Keep in mind - Most devices allow you to control or disable the use of certain collectable information including location services, in the device's settings menu.
Please take into consideration that certain portions of such abovementioned information may also be collected from End User devices or software, when the App is running in the background, i.e. when it has been launched but not used.
For more information about our use of these technologies, and how to control them, see our Cookies Policy.
Keep in mind - Most mobile devices and auxiliary software, allow user to control or disable the use of certain collectable information including location services, by any application, in the device's settings menu.
We generally classify this type of automatically collected personal information under the following categories:
“Engagement Information”: this refers to information relating to the ad campaigns we run, Visitors and Customers interaction with our Site and with the SaaS, and End User actions and interaction within the relevant App, such as: clicks on ads, ad impressions viewed, audiences or segments to which an ad campaign is attributed, the type of ads and the webpage or mobile applications from which such ads were displayed, webpages viewed on our Site, HTTP referral, downloads and installations of Applications, End User’s clicks when using the App, End User duration of use of the App, End User proficiency of use of the App, in-App purchases, etc.
“Technical Identifiers”: this refers to various unique identifiers that generally only identify a computer, device, browser or Application. For example, IP address (which may also provide general location information), user agent, IDFA (identifier for advertisers), Android ID (in Android devices); Google Advertiser ID, unique user ID and other similar unique identifiers.
“Technical Information”: this refers to technical information related to a mobile device or computer, such as: browser type, device type and model, operating system (iOS/Android etc.), system language, memory, OS version, Wi-Fi status, time stamp and zone, device motion parameters and carrier.
End-User Data collected in such manner includes:
Engagement information collected from End-Users when they use the App such as:
- The dates and times in which End-Users launch the applicable App, its usage duration and frequency.
- End Users’ in-App purchases (IAP).
- End-User events, pre-defined by the applicable Customer
- General information about End-Users’ interaction with the App, including clicks and views, and in certain cases about End-Users’ impressions of and reactions to advertisements and other information that is being communicated to the End-Users by the Customer through the App.
- Technical Information and Technical Identifiers related to End Users’ interaction with the applicable App, such as: Device ID or unique identifier, device type, ID for advertising, operating system, IP address, time zone, and location information (either from End-Users' mobile device or as can be derived from their IP addresses).
Personal information collected from other sources
We may collect personal information concerning you, from third parties who have assured us that they have obtained your consent for such provision of information. For example, we may collect and use demographic and other information that is publicly available in an applicable jurisdiction, additional contact information, credit/check information, and information from credit bureaus, as allowed by applicable national laws.
3.3 Please Note - While End User Data does not generally contain any information that directly identifies an individual, such as names, addresses, credit cards or other similarly regulated financial information, health information, or any other type of sensitive personal information, we acknowledge that under certain jurisdictions the End User Data we do receive when a Customer uses the Services may be deemed personal data as it is associated with a Technical Identifier, and therefore, where applicable, will be treated as such.
4. PURPOSES OF COLLECTION AND PROCESSING OF PERSONAL INFORMATION
4.1 Legal basis for collecting and processing of Personal Information:
- When performing an agreement with you (if you are a Customer or Visitor): Your information may be processed on the basis that such processing is necessary for the establishment and performance of our contractual engagements with you. Under such engagement we shall provide Customers and Visitors with the Services, maintain and improve our Services, develop new services and features for our Customers and Visitors, and personalize the Services in order to provide Customers and Visitors with a better user experience.
- With consent: We ask for your agreement to process your information for specific purposes and you have the right to withdraw your consent at any time. For example, we ask for your consent to send you our marketing offers and communications.
4.2 As mentioned above, we have no direct relationship with the individual End-Users, therefore, it is the Customers’ responsibility to ensure that all personal information of End User received or accessed by Game of Whales pursuant to Customers’ access to the SaaS is being provided to Game of Whales on the above legal basis for processing which in any event shall include the basis of consent pursuant to which Customer shall obtain express consents and permissions from its End-Users of its App, for the collection and processing of their personal information as set forth hereunder.
4.3 Purpose of Use:
We may use personal information that we collect about End Users solely for the purposes of providing the services to our Customers and in accordance with the DPA.
- To provide and improve our Services and its various functions and features and to manage our business;
- To send Customers and visitors, updates, notices, notifications, announcements, and additional information related to the Services;
- To store and process End-User Data for the preparation and delivery of our Services, including compiled analytics Reports to our Customers.
- To provide Customers with analysis and statistical reports regarding End Users’ application habits and preferences.
- To create segmentation and separate between users' sessions within the Services.
- For IAP verification.
- To be able to manage our Customers account and provide our Customers with customer support and technical assistance;
- To provide our Customers with the SaaS;
- To display or send to Customers and Visitors marketing and advertising material and general and personalized content and advertisement via the Services, email, postal mail, telephone, mobile applications and/or when you visit other sites, and to track and analyze the effectiveness and relevance of such material;
- To create cumulative statistical data and other cumulative information and/or other conclusive information that is non-personal, in which we might make use, in order to operate and improve our Services;
- To verify your eligibility and deliver prizes in connection with promotions and referral programs we may hold from time to time;
- To comply with any applicable rule or regulation and/or response or defend against legal proceedings versus us or our affiliates.
5. WHERE DO WE STORE PERSONAL INFORMATION?
Personal information regarding the Customers, End-Users and Visitors will be maintained, processed and stored by us and our authorized affiliates and service providers in Israel Germany and as necessary, in other territories in secured cloud storage, provided by our third party service provider.
Specifically, each of our services providers who stores or processes your personal information either, (i) assured us that it provides adequate safeguards to protect your rights to privacy, or (ii) holds and processes such information on our behalf in a jurisdiction which has been determined to ensure an adequate level protection by the EU Commission which if in the US, includes certification under the EU-US Privacy shield framework.
You hereby accept the transfer and storage of information as described above.
6. TO WHOM WE SHARE PERSONAL INFORMATION?
We may share your personal information with third parties (or otherwise allow them access to it) only in the following manners and instances:
6.1 Third Party Services:
We are partnering with a number of selected service providers, whose services and solutions complement, facilitate and enhance our own. These include hosting, database and server co-location services (e.g., Google Cloud, AWS, Hetzner online, data analytics services (e.g. Google Analytics), e-mail and text message distribution and monitoring services (e.g. Gmail), payment processors and analytics (e.g. PayPal), advertising, affiliation and related analytics services (e.g. Facebook, Twitter, Google), research and development services (consultants hired by Game of Whales), customer support services (e.g. Intercom), and our business, legal and financial advisors (collectively, "Third Party Service Providers").
Such Third Party Service Providers may receive or otherwise have access to your personal information through your use of our Services or through our marketing activity, depending on each of their particular roles and purposes in facilitating and enhancing the Services, and may only use your personal information for such purposes. Such disclosure or access is strictly subject to the recipient's or user's undertaking of confidentiality and appropriate safeguards obligations, the prevention of any independent right to use your personal information except as required to help us to provide the Platform and subject to applicable law. We remain responsible and liable for any personal information processing done by Third Party Service Providers on our behalf, except for such Third Party Service Providers with whom you have a direct contractual relationship.
In addition, we share End User Data with the relevant Customers themselves that use the Game of Whales SDK solely in the scope of provision of the Services.
6.2 Governmental/Law Enforcement Agencies and Legal Requests or Duties:
We may disclose or otherwise allow access to personal information pursuant to a legal requirement or request, such as a subpoena, search warrant or court order, or in compliance with applicable laws and regulations. Such disclosure or access may occur with or without notice to the data subject or the Customer, if we have a good faith belief that we are legally required to do so, or that disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding actual or suspected illegal activity, fraud, or other wrongdoing.
6.3 Protecting Rights and Safety:
We may share your personal information with others, with or without notice to you, if we believe in good faith that this will help protect the rights, property or personal safety of our Company, any of our Customers, Visitors or End Users, or any members of the general public.
6.4 Our Affiliated Companies:
For the removal of doubt, we may share Personal Information in additional manners, pursuant to the applicable relevant approval, or if we are legally obligated to do so. Additionally, we may transfer, share or otherwise use non-personal information in our sole discretion and without the need for further approval.
7. DIRECT MARKETING
By providing us with your e-mail address or any other contact information Customers and Visitors hereby agree that Game of Whales may use your contact details for the purpose of informing you of our events, products and services offered by us and to send you newsletters or marketing materials. You may withdraw your consent by sending a written notice to Game of Whales by email to the following address: [email protected] or by opting out by clicking “unsubscribe”. Please note that we may notify you (through any of the means available to us) of changes or updates to our Services, payment issues, service maintenance, etc., and you will not be able to opt-out of receiving such service messages.
You must be 16 years of age or older in order to establish an account for Game of Whales' Services. Game of Whales does not allow any Customer to knowingly collect, process or transfer to Game of Whales any personal data from or with respect to children under the age of 16 unless it has received the verifiable consent of the parents or legal guardians with respect to such children. If you are a parent or legal guardian and believe that your child under the age of 16 has submitted his or her personal data or other data without your consent, permission, or authorization – please let us know immediately, by sending an email to [email protected], and we will make reasonable good faith efforts to remove information or anonymize it so the minor cannot be individually identified. This removal process cannot ensure complete or comprehensive removal.
9. INFORMATION SECURITY
We take a great care in implementing and maintaining the security of the Site, the Service and the Customer’s and it’s End Users Data. Game of Whales employs industry standard procedures to ensure the safety of it’s the Personal Information, and prevent unauthorized use of any such information (such as Firewall). However, we do not and cannot guarantee that unauthorized access will never occur.
If you have any questions regarding the security of our Services, please feel free to contact us at [email protected]
10. THIRD PARTY SOFTWARE/SERVICE COOKIES AND OTHER TRACKING TECHNOLOGY
These technologies are used in order to maintain, provide and improve our Services on an ongoing basis, and to provide a better experience to our Customers and Visitors. For example, these technologies enable us to: (i) keep track of and apply our Customers’ and Visitors’ Services preferences and authenticated sessions, (ii) better secure our Services by detecting abnormal behaviors, (iii) identify technical issues and improve the overall performance of our Services, (iv) monitor and analyze our ads’ performance; and (v) create and monitor analytics relating to use of and interaction with our Services.
In this context Customers and Visitors should note that we may use Google Analytics, Facebook, Twitter and LinkedIn’s functionality of re-marketing through their tracking cookies and pixel-based retargeting services. This means that if you provided your consent to Google, Facebook, Twitter or LinkedIn (the “Social Ad Platforms”) to be provided with personalized commercial offers, you may be served with ads (including advertisements of third parties) based on your access to the Services, outside of the Services and across the internet. In such event the Social Ad Platforms, will place cookies on your web browser and use such cookies to serve you ads based on past visits to our Services.
- Google Adwords: https://policies.google.com/technologies/ads
- Facebook: https://www.facebook.com/about/privacy/
- Twitter: https://business.twitter.com/en/help/ads-policies/other-policy-requirements/policies-for-conversion-tracking-and-tailored-audiences.html
- LinkedIn: https://www.linkedin.com/legal/cookie-policy
If you wish to opt-out of such re-targeting and tracking functionality of the Social Ad Platforms, you may do so at the following links:
- Google Adwords: https://adssettings.google.co.il/authenticated
- Facebook: https://www.facebook.com/settings/?tab=ads
- Twitter: https://help.twitter.com/en/safety-and-security/privacy-controls-for-tailored-ads
- LinkedIn: https://www.linkedin.com/help/linkedin/answer/34318?query=opt-out%20pixel
PLEASE NOTE – such tracking and targeting by Social Ad Platforms, is provided pursuant to your engagement with such Social Ad Platforms and the actual nature and scope of Personal Information collection and processing performed by such Social Ad Platforms is not transparent to us. If you would like to learn more or make further inquiries with respect to such nature or scope please refer to each of such Social Ad Platforms directly.
Learn more about your choices and how to opt-out of tracking technologies:
If you are an End User you may opt-out of multi session tracking by changing your applicable Technical Identifiers between sessions. To learn how to opt-out through changing the Do Not Track Settings, click on the following links:
For iPhone: https://support.apple.com/en-us/HT202074
11. DATA RETENTION
We may retain your personal information for as long as legitimately and to the extent required, for the achievement of the purposes listed under Section 4, including without limitation, as reasonably necessary to comply with our legal obligations and/or protect our legitimate interests. We then either delete such personal information from our systems or anonymize it without further notice to you.
12. YOUR RIGHTS: UPDATING, OBTAINING A COPY OF, DELETING OR WITHDRAWAL OF CONSENT FOR PROCESSING OF, PERSONAL INFORMATION
If the law applicable to you grants you such rights, you may ask to access, correct, or delete your personal information that is stored in our systems or that we otherwise control. You may also ask for our confirmation as to whether or not we process your personal information. or ask to withdraw any consent you have previously provided to us in connection with our use and processing of your personal information.
Subject to the limitations in law, you may request that we update, correct, or delete inaccurate or outdated information. You may also request that we suspend the use of any Personal Information the accuracy of which you contest while we verify the status of that data.
Subject the limitations in law, you may also be entitled to obtain the personal information you directly provided us in a structured, commonly used, and machine-readable format and may have the right to transmit such data to another party.
If for any reason you wish to modify your Personal Information you can do so yourself on the Service via your Account or send us an email to: [email protected] If for any reason you wish to delete your or any End-User’s Data you can send us an email to [email protected] We will make reasonable efforts to modify or delete any such Personal Information pursuant to any applicable privacy laws.
Note that unless you instruct us otherwise we may retain your personal information and if you are a Customer, your End Users’ Data, for a period for as long as reasonably needed to provide the Service and/or as legally required.
To find out whether these rights apply to you and on any other privacy related matter, you can contact your local data protection authority if you have concerns regarding your rights under local law.
14. GENERAL INFORMATION
Our Services may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites may have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites
15. HAVE ANY QUESTIONS?
By contacting us, and accessing the Services and the Site, you warrant and agree that you are free to do so, and that you are not providing us with information which violates any third party intellectual or privacy rights.
1. WHAT ARE COOKIES AND SIMILAR TECHNOLOGY
- Cookies are a small text file that is stored on your device to help websites and mobile apps remember things about you. Session-based cookies last only while your browser is open and are automatically deleted when you close your browser. Persistent cookies last until you or your browser delete them or until they expire. To learn more about cookies, visit http://www.allaboutcookies.org/.
- Single Sign-on allows you to log in to certain of websites or mobile applications using sign-in services provided by third parties, such as Facebook or Google. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign-up form.
- Ad ID is a unique number issued to you by an entity which received your permission to serve you with advertisements. The Ad ID allows persons or entities with whom you interact to gather and store information they learn about you in connection with your Ad ID. Most entities that have assigned you with an Ad ID allow you to delete or change such Ad ID and thereby prevent third parties from colleting information concerning your behavior across multiple sessions. To learn more about Ad ID and how change or delete it on Android and Apple, please refer to https://www.androidguys.com/tips-tools/how-to-disable-personalized-ads-on-android/ and https://support.apple.com/en-il/HT205223.
The cookies we use can be classified in one of the following categories:
Strictly Necessary cookies
We use these cookies in order to enable you to use our website’s features, such as enabling movement between pages and remembering information you enter on forms.
Without these necessary cookies, certain services on our website will not be possible and our site will not perform as smoothly as it should.
We use these cookies to help identify and prevent security risks.
We use these cookies to help us show you the right information and settings when you are logged-in to our website.
Performance and Analytics cookies
We use these cookies to collect information about the use of our website in order to help improve the way the website works.
Functionality and Preference cookies
We use these cookies to remember the choices you make such as which language you prefer and to provide you with personalized features.
Targeting and Advertising cookies
We use these cookies to deliver you with ads that are more relevant to you and your interests, by remembering information such as what you looked at on our site and to track the performance of these ads.
3. WHAT THIRD PARTY COOKIES WE USE
4. YOUR CHOICES
Strictly Necessary Cookies: Because these cookies are essential to operate our website, there is no option to opt out of these cookies.
- Targeting and Advertising Cookies:
- You can opt out of interest-based targeting provided by participating ad servers through the Network Advertising Initiative at networkadvertising.org/managing/opt_out.asp or the Digital Advertising Alliance at www.aboutads.info/
- You may be able to change your device settings (on your iPhone, iPad or Android) to control whether you see online interest-based ads and thereby to prevent multiple session tracking.
- You can learn more about your options by visiting youradchoices.com, www.youradchoices.eu, https://www.androidguys.com/tips-tools/how-to-disable-personalized-ads-on-android/ and https://support.apple.com/en-il/HT205223.
- Other Cookies:
- You can follow the instructions provided by your web browser or mobile browser (usually located within the "Help", "Tools" or "Edit" facility) to modify your cookie and Ad ID
5. DO NOT TRACK
We do not currently commit to responding to your browsers’ ‘Do Not Track’ signals with respect to our websites, in part, because no common industry standard for ‘Do Not Track’ has been adopted by regulators, including no consistent standard of interpreting a user’s intent. We are committed to monitoring the developments around ‘Do Not Track’ and the implementation of a standard.
7. CONTACT US