WINKEL PLAY DAILY TERMS AND CONDITIONS

Last Updated: 08/04/2020

1 About these terms


1.1 These terms apply to your download, access and/or use of Winkel games, whether on your computer, on a mobile device, on our website www.Winkelgames.com (the "Website") or any other website, device or platform (each a "Game" and together the "Games"). These terms also apply to any other services that we may provide in relation to the Games or the Website, such as customer support, social media, community channels and other websites that we may operate from time to time (we refer to all our Games and other services collectively as the "Services" in these terms). These terms are a legal agreement and contain important information about your rights and obligations in relation to our Services.


1.2 If you do not agree to these terms or any future updated version of them then you must not access and/or use, and must cease all access and/or use of, any of our Services. If we require that any future update to these terms requires any action from you in order to accept the updated terms, then you may not be able to continue to use the Services until you have taken such action.


1.3 These terms represent a legal agreement between you and Winkel Limited, a British company with registered office address at C/O Cox Costello & Horne Fourth & Fifth Floors, 14-15 Lower Grosvenor Place, London, England, SW1W 0EX, (company registration number 11645373 and VAT number 336714496). 


1.4 FOR RESIDENTS IN THE USA: IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW IN PARAGRAPH 21.


1.5 In these terms references to "Winkel", "we", "us" and "our" are references to Winkel Limited.


1.6 These terms are made available via the app store or platform that you download our Games from (such as the Apple App Store, Google Play Store, Amazon App Store or Windows Phone Store), on any website or platform where you can play our Games such as www.facebook.com, and on our website at www.Winkelgames.com (the “Website”). You agree that by accessing and/or using our Services, you are agreeing to these terms and our Privacy Policy (see paragraph 13 below).


1.7 For use of our Services, you agree that you are at least 13 years old and that if you are between 13 years and 18 years old, your legal guardian has reviewed and agrees to these terms and is happy for you to access and/or use our Services.


1.8 You can access the latest version of these terms at any time at Winkelgames.com/TandC’s. We can make changes to these terms at any time in accordance with paragraph 17 below and, except in relation to any amendment to paragraph 21 (Binding Arbitration and Class Action waiver) below, your continued use of our Services after the terms have been updated shall confirm your acceptance of the updated terms.

2 About accessing and using our Services

2.1 The specific game rules, scoring rules, controls and guidelines for each Game can be found within the Game itself. Such rules, scoring rules, controls and guidelines form part of these terms and you agree that you shall comply with them in respect of each individual Game which you choose to access and/or play.


2.2 You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using our Services. You should ask your mobile operator or internet service provider if you are unsure what these charges will be, before you access and/or use our Services.


2.3 There may be times when our Services or any part of them are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.

3 Accounts

3.1 When using our Services you may choose to, and in some instances you may be required to, create an account with us. If you do create an account with us, you agree that you shall take all steps necessary to protect your log in details and keep them secret.


3.2 You agree that you shall not give your log in details to anyone else or allow anyone else to use your log in details or account.


3.3 In these terms, references to “log in details” or “account” include your log in details and account for any social network or platform that you may allow our Services to interact with.


3.4 We will be entitled to assume that anyone logging into your account using your log in details is either you or someone logging in with your permission. If you fail to keep your login details secret, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorized purchases) and agree to fully compensate us for any losses or harm that may result.


3.5 We will not be responsible to you for any loss that you suffer as a result of an unauthorised person accessing your account and/or using our Services and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.


3.6 We reserve the right to delete your account if no activity is conducted by you in relation to the account for 180 or more days. In such event, you may no longer be able to access and/or use any Virtual Money and/or Virtual Goods (as defined below) associated with that account and no refund will be offered to you in relation to the same.


3.7 You understand that if you delete your account, or if we delete your account in accordance with these terms, you may lose access to any data previously associated with your account (including, without limitation, your progress through our Games and/or the level or score you have reached in our Games and any Virtual Money or Virtual Goods associated with your account).


3.8 YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT THAT YOU CREATE USING ANY OF OUR SERVICES. WE MAY SUSPEND, TERMINATE, MODIFY OR DELETE ANY OF THESE ACCOUNTS AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU.


3.9 Your account is personal to you and you are not entitled to transfer your account to any other person.

4  Virtual Goods and Virtual Money

4.1 Our Games may include virtual currencies such as tokens, coins, stars, etc (“Virtual Money"), items or services for use with our Games (“Virtual Goods") or paid subscriptions for Virtual Money and/or Virtual Goods (“Subscriptions”). You agree that once purchased Virtual Money, Virtual Goods and/or Subscriptions have no monetary value and can never be exchanged for real money, real goods or real services from us or anyone else. You agree that Virtual Money, Virtual Goods and/or Subscriptions are not transferable to anyone else and you will not transfer or attempt to transfer any Virtual Money, Virtual Goods and/or Subscriptions to anyone else.


4.2 You do not own Virtual Goods, Virtual Money and/or Subscriptions but instead you purchase a limited personal revocable licence to use them - any balance of Virtual Goods and/or Virtual Money does not reflect any stored value.


4.3 You agree that all sales by us to you of Virtual Money and/or Virtual Goods are final, that we will not refund any transaction once it has been made and that an active Subscription cannot be cancelled during the Subscription period. If you live in the UK or European Union you may have certain rights to withdraw from distance purchases; however, please note that when you purchase a licence to use Virtual Goods or Virtual Money from us, you acknowledge and agree that we will begin the provision of the Virtual Goods or Virtual Money to you promptly once your purchase is complete and therefore your right of withdrawal is lost at this point. For the purposes of this paragraph 4.3, a "purchase" is complete at the time our servers, or the appropriate Store validate your purchase and the applicable Virtual Goods and/or Virtual Money are successfully credited to your account on our servers.


4.4 If you do not connect your game play on a device to an account that is linked to either your social network account or a Winkel account, we will not be able to restore any Virtual Money or other data associated with your Game play to a different device if you lose that device or it is damaged. Accordingly, on a device which is not connected in this way:


  • any risk of loss of Virtual Money which you purchase from us is transferred to you upon completion of the purchase as described in paragraph 4.3 above;

  • any risk of loss of Virtual Money that you receive from us without maWinkel a purchase is transferred to you at the time the Virtual Money is successfully credited to your account on our servers; and

  • any risk of loss of other data associated with your Game play (including, without limitation, your progress through the Game, or the level or score you have reached in our Games) is transferred to you immediately at the time such Game play data is generated.


4.5 The data associated with Virtual Goods, whether purchased by you using Virtual Money or otherwise credited or awarded to you, is stored locally on your device and so is not synced between different devices even if you have connected your game play on a device to an account that is linked to either your social network account or Winkel account. Accordingly, any risk of loss of this data is transferred to you (i) in the case of Virtual Goods which you purchase from us, upon completion of the purchase as described in paragraph 4.3 above; and/or (ii) in other cases, (including Subscriptions) at the time the Virtual Goods are credited or awarded to you.


4.6 If you live in the UK or European Union, we will provide you with a VAT invoice where we are required to do so by law or where requested by you. You agree that these invoices may be electronic in format.


4.7 We reserve the right to control, regulate, change or remove any Virtual Money, Virtual Goods and/or Subscriptions without any liability to you at any time, but if you have an active Subscription such changes will only take effect following the end of the then-current Subscription period, at which date your Subscription will automatically terminate.


4.8 We may revise the pricing for Virtual Goods, Virtual Money and/or Subscriptions offered through the Services at any time, but if you have an active Subscription such changes will only take effect following the end of the then-current Subscription period, at which date your Subscription will automatically terminate. We may limit the total amount of Virtual Goods or Virtual Money that may be purchased at any one time, and/or limit the total amount of Virtual Money or Virtual Goods that may be held in your account in the aggregate. You are only allowed to obtain Virtual Money and Virtual Goods from us or our authorized partners through the Services, and not in any other way.


4.9 Depending on your platform, any Virtual Goods, Virtual Money or Subscriptions purchased is purchased from your platform provider and such purchase will be subject to its terms of service and user agreement. Usage rights for each purchase may differ from item to item. If you are unsure about usage rights you should check with your platform before making a purchase. Unless otherwise shown, content available in any in-game store has the same age rating as the game.


4.10 Without limiting paragraphs 3.7, 4.4 or 7.1 if we suspend or terminate your account in accordance with these terms you may lose any Virtual Money, and Virtual Goods and/or active Subscriptions (see paragraph 4.12) that you may have and we will not compensate you for this loss or make any refund to you. If you have an active Subscription at the date of termination it will not auto-renew at the end of the then-current Subscription period.


4.11 The charge for any individual item you can purchase shall be as stated in the game store at the time you place the order, except in the case of obvious error. The charge is inclusive of all sales taxes and other charges.


Subscriptions


4.12 Payment for a Subscription will be charged to your account at the point of purchase and for renewals will be taken within the 24 hours prior to the expiry of the then-current Subscription period. Your Subscription will automatically renew on a weekly, bi-weekly or monthly-basis as appropriate unless you turn off auto-renew via your platform settings at least 24 hours before the end of the then-current Subscription period. Your Subscription is linked to your platform account and cannot be transferred between platform accounts. You agree that sales by us to you of Subscriptions are final and that cancellation is not permitted during an active Subscription period.


5 User conduct and content


5.1 You must comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using our Services.

5.2 You promise that all the information you provide to us on accessing and/or using our Services is and shall remain true, accurate and complete at all times.

5.3 Information, data, software, sound, photographs, graphics, video, tags, or other materials may be sent, uploaded, communicated, transmitted or otherwise made available via our Services by you or another user (“Content”). You understand and agree that all Content that you may be sent when using our Services, whether publicly posted or privately sent, is the sole responsibility of the person that sent the Content. This means that you, not us, are entirely responsible for all Content that you may upload, communicate, transmit or otherwise make available via our Services.


5.4 You agree not to upload, communicate, transmit or otherwise make available any Content:

  • that is or could reasonably be viewed as unlawful, harmful, harassing, defamatory, libellous, obscene or otherwise objectionable;

  • that is or could reasonably be viewed as invasive of another's privacy;

  • that is likely to, or could reasonably be viewed as likely to incite violence or racial or ethnic hatred;

  • which you do not have a right to make available lawfully (such as inside information, information which belongs to someone else or confidential information);

  • which infringes any intellectual property right or other proprietary right of others;

  • which consists of any unsolicited or unauthorised advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes' or any other form of solicitation; or

  • which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.


5.5 You agree that you will not:

  • use our Services to harm anyone or to cause offence to or harass any person;

  • create more than one account per platform to access our Services;

  • use another person or entity’s email address in order to sign up to use our Services;

  • use our Services for fraudulent or abusive purposes (including, without limitation, by using our Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or our Services);

  • disguise, anonymise or hide your IP address or the source of any Content that you may upload;

  • use our Services for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications;

  • remove or amend any proprietary notices or other ownership information from our Games or any other part of our Services;

  • interfere with or disrupt our Services or servers or networks that provide our Services;

  • attempt to decompile, reverse engineer, disassemble or hack any of our Services, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;

  • 'harvest', 'scrape' or collect any information about or regarding other people that use our Services, including, but not limited to any personal data or information (including by uploading anything that collects information including but not limited to 'pixel tags' cookies, graphics interchange formats ('gifs') or similar items that are sometimes also referred to as 'spyware' or 'pcms' (passive collection mechanisms);

  • sell, transfer or try to sell or transfer an account with us or any part of an account, Virtual Money and/or Virtual Goods;

  • disrupt the normal flow of a Game or otherwise act in a manner that is likely to negatively affect other players' ability to compete fairly when playing our Games or engaging in real time exchanges;

  • disobey any requirements or regulations of any network connected to our Services;

  • use our Services in violation of any applicable law or regulation;

  • use our Services to cheat or design or assist in cheating (for example, by using automated means or third party software to play), or to otherwise circumvent technological measures designed to control access to, or elements of, our Services, or to do anything else that a reasonable person is likely to believe is not within the spirit of fair play or these terms; or

  • use our Services in any other way not permitted by these terms.

5.6 We do not control Content posted on our Services by other people and therefore we do not guarantee the accuracy, integrity or quality of that Content. You understand that when using our Services, you may be exposed to Content that you may consider offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted or otherwise made available via our Services.


5.7 We have the right to remove uploaded Content from our Services if we decide in our sole discretion that it results in or from a breach of any part of these terms, or that it may bring us or our Services into disrepute. However, you acknowledge that we do not actively monitor Content that is contributed by people that use our Services and we make no undertaWinkel to do so.


5.8 You are solely responsible for your interactions with other users of our Services.


6 Playing our Games with other users

6.1 Some of our Games allow you to play against an opponent or to play socially with other users. You may be able to:


6.1.1 choose to play against another user or to play socially with another user whom Winkel selects for you, or


6.1.2  play against, or play socially with, one of your contacts on a platform or social network which you have allowed our Games to interact with.Some of our Games may also allow you to search for your friends (for example, by email address) in order to find them to play against or play socially with. We may also display the display names of your past opponents so that you can easily find them to play again.


6.2 Where Winkel selects another user for you, we may either select at random or use such criteria as we see fit to select your opponent (for example, your past scores, your country, or the level you have reached in the Game or your other gameplay activity).


6.3 By accessing and/or playing our Games you agree that your display name, scores, avatar, country location, online/offline status and other related details may be displayed in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you, including (without limitation) to other users in our games or within our marketing. You also understand and agree that other users may find you by searching for you with your email address. Please note that we will only show your display name publicly, and not your email address; another user must already know your email address themselves in order to search for you.


7 Your breach of these terms

7.1 Without limiting any other remedies or any other paragraph of these terms, if we reasonably believe that you are in material breach of these terms (including by repeated minor breaches), we reserve the right to take any of the following actions, whether individually or in combination, and either with or without notice to you:


  • delete, suspend and/or modify your account or parts of your account;

  • otherwise suspend and/or terminate your access to our Services;

  • modify and/or remove any Virtual Money or Virtual Goods that may be associated with your account;

  • reset and/or modify any game progression or benefits and privileges associated with your account, such as any level or score you have reached in our Games.


Without limitation, any breaches of paragraphs 4.1, 4.8, 5.4 or 5.5 are likely to be considered material breaches.


7.2 You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these terms by you.


8 Availability of the Services


8(A) For residents in the United States: We do not guarantee that any of our Services will be available at all times or at any given time or that we will continue to offer all or any of our Services for any particular length of time. We may change and update our Services without notice to you. We make no warranty or representation regarding the availability of our Services and reserve the right to modify or discontinue the Services in our sole discretion without notice, including for example, ceasing a Game or other Service for economic reasons due to a limited number of users continuing to make use of that Game or other Service over time, for technical reasons (such as technical difficulties experienced by us or on the internet) or to allow us to improve user experience. 


NOTWITHSTANDING ANYTHING TO THE CONTRARY, YOU ACKNOWLEDGE AND AGREE THAT ANY OR ALL OF OUR SERVICES MAY BE TERMINATED IN WHOLE OR IN PART AT OUR SOLE DISCRETION WITHOUT NOTICE TO YOU. YOU ASSUME ANY AND ALL RISK OF LOSS ASSOCIATED WITH THE TERMINATION OF OUR SERVICES.


8(B) For residents outside the United States: Subject to the next sentence, we do not guarantee that any of our Services will be available or error-free at all times or at any given time. We will provide our Services in accordance with any legally required standards. In particular, in relation only to any Virtual Money and/or Virtual Goods or any other part of our Services which have been paid-for with real money, we warrant that they will substantially comply with the description provided by it at the point of purchase and be of satisfactory quality (in addition any related services provided through them will be provided with reasonable care and skill). We may change and update our Services in whole or in part without notice to you (provided always that any such changes do not result in material degradation in the functionality of any part of the Services which has been paid-for with real money). We make no warranty or representation regarding the availability of the Services which are provided free of charge (i.e. not paid-for with real money) and we reserve the right to modify or discontinue them in our sole discretion without notice to you, including for example, for economic reasons due to a limited number of users continuing to make use of them over time, for technical reasons (such as technical difficulties experienced by us or on the internet) or to allow us to improve user experience. We are not liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control. If such circumstances result in material degradation in the functionality of the Services then any obligation you may have to make any payment to download, use or access them will be suspended for the duration of such period. We are entitled to modify or discontinue the Services or any part of them which are paid-for with real money at our sole discretion upon reasonable notice to you.

9  For residents in the United States - Limitation of Liability


WE SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE, OR MALFUNCTION OF THE GAMES OR ANY OF OUR OTHER SERVICES, INCLUDING DAMAGES TO PROPERTY, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. IN NO EVENT SHALL OUR LIABILITY EXCEED THE ACTUAL PRICE PAID BY YOU (IF ANY) FOR THE LICENSE TO USE VIRTUAL GOODS OR VIRTUAL MONEY OR ANY OTHER PART OF OUR GAMES OR SERVICES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF DAMAGES, SO THE ABOVE LIMITATIONS AND/OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.


10 For residents outside the United States – Limitation of Liability

10.1 We accept liability for death or personal injury resulting from our negligence or that of our employees or agents, and for losses or harm caused by fraud by us or our agents, or any other liability which may not by law be excluded.


10.2 We are not responsible for:

  • losses or harm not caused by our breach of these terms or negligence;

  • losses or harm which are not reasonably foreseeable by you and us at the time of you agreeing to these terms and conditions including those losses which happen as a side effect of foreseeable losses. This could include loss of data, loss of opportunity, service interruption, computer or other device failure or financial loss;

  • any damage that may be caused to any device on which you access or use any of our Games or other Services that is caused in any way by our Services unless that damage is directly caused by our failure to exercise reasonable skill and care in the provision of the applicable Games or other Services;

  • any increase in loss or damage resulting from breach by you of any of these terms and conditions; or

  • technical failures or the lack of availability of any of our Services where these are not within our reasonable control.


10.3 For any losses or harm (other than those mentioned in paragraph 10.1 and subject to paragraph 10.2) in any period of twelve months, we will only be responsible for losses or harm which are a reasonably foreseeable consequence of our negligence or breach of these terms and conditions up to the value of the amount that you have paid to us in the 100 day period ending on the date of your claim. Losses and harm are foreseeable only where they could be contemplated by you and us at the time of you agreeing to these terms and conditions.


10.4 Subject to paragraph 10.5 below and unless otherwise specified in these Terms, we do not give any warranty, express or implied, in relation to our Services and you acknowledge that your only right with respect to any problems or dissatisfaction with any of our Services is to discontinue your use of our Services.


10.5 Any additional legal rights which you may have as a consumer remain unaffected by these terms.


11 Intellectual Property


11.1 You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to our Services (other than Content which is contributed and owned by players) is owned by or licensed to us.


11.2 Whilst you are in compliance with these terms, we grant you a non-exclusive, non-transferable, personal, revocable limited licence to access and/or use our Services (but not any related object and source code) for your own personal private use, in each case provided that such use is in accordance with these terms. You agree not to use our Services for anything else. These terms also apply to any update or patches which we may release or make available for any of the Services and any such update or patch shall be deemed part of the Services for the purposes of these terms.


11.3 YOU ACKNOWLEDGE AND AGREE THAT, OTHER THAN LICENSE GRANTED TO YOU BY THESE TERMS, YOU SHALL HAVE NO OWNERSHIP OR PROPERTY INTEREST IN ANY OF OUR SERVICES, INCLUDING WITHOUT LIMITATION ONLINE ACCOUNTS, ANY VIRTUAL MONEY OR VIRTUAL GOODS. You must not copy, distribute, make available to the public or create any derivative work from our Services or any part of our Services unless we have first agreed to this in writing.


11.4 In particular, and without limiting the application of paragraph 11.3, you must not make use or available any cheats or technological measures designed to control access to, or elements of, our Services, including providing access to any Virtual Money and/or Virtual Goods, whether on a free of charge basis or otherwise.


11.5 By submitting Content (as defined in paragraph 5.3) via our Services you:


  • are representing that you are fully entitled to do so;

  • grant us and our group companies the right to edit, adapt, publish and use your entry and any derivative works we may create from it, in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you;

  • acknowledge that you may have what are known as “moral rights” in the Content, for example the right to be named as the creator of your entry and the right not to have work subjected to derogatory treatment. You agree to waive any such moral rights you may have in the Content; and

  • agree that we have no obligation to monitor or protect your rights in any Content that you may submit to us, but you do give us the right to enforce your rights in that Content if we want to, including but not limited to taWinkel legal action (at our cost) on your behalf.



11.6 You must not copy, distribute, make available to the public or create any derivative work from any Content belonging to any other user of our Services. 


12 For residents in the United States - U.S. GOVERNMENT RESTRICTED RIGHTS:


12.1 Our Services have been developed entirely at private expense and are provided as "Commercial Computer Software" or "restricted computer software." Use, duplication or disclosure by the U.S. Government or a U.S. Government subcontractor is subject to the restrictions set forth in subparagraph (b)(1)(ii) of the Rights in Technical Data and Computer Software clauses in DFARS 252.227-7013 or as set forth in subparagraph (b)(1) and (2) of the Commercial Computer Software Restricted Rights clauses at FAR 52.227-19, as applicable. The Contractor/Manufacturer is Winkel Ltd

13 Privacy

13.1 The data controller for all personally identifiable information or personal data that we collect about you through or in relation to our Games or other Services is Winkel Limited.


13.2 Winkel Limited collect, process, use and share your personal information in accordance with our Privacy Policy and as set out in these terms. If you do not agree to our Privacy Policy you should not download or access our Games or otherwise access and/or use our Services.


13.3 This paragraph 13 shall not affect the provisions of paragraphs 20 and 21 which shall take precedence over this paragraph 13.


14 Links


14.1 We may link to third party websites or services from our Services. You understand that we make no promises regarding any content, goods or services provided by such third parties and we do not endorse the same. We are also not responsible to you in relation to any losses or harm caused by such third parties. Any charges you incur in relation to those third parties are your responsibility. You understand that when you provide data to such third parties you are providing it in accordance with their privacy policy (if any) and our own privacy policy does not apply in relation to that data.

15 Transferring these terms


15.1 We may wish to transfer all or a part of our rights or responsibilities under these terms to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these terms unless we first agree to this in writing.

16 Entire agreement


16.1 These terms set out the entire agreement between you and us concerning our Services (as defined in paragraph 1) and they replace all earlier agreements and understandings between you and us.

17 Changes to these terms


17.1 You can find these terms at any time by visiting Winkelgames.com

17.2 Without affecting paragraph 21.8 below, we reserve the right to update these terms from time to time by posting the updated version at that address. We may do so for a number of reasons including without limitation because we change the nature of our products or services, for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our terms then you shall immediately stop accessing and/or using our Services.

18 Severability


18.1 If any part of these terms is held to be invalid or unenforceable under any applicable local laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these terms shall remain valid and enforceable. If it is not possible to interpret an invalid or unenforceable part of these terms in a manner consistent with applicable law, then that part shall be deemed deleted from these terms without affecting the remaining provisions of these terms.

19 Waivers of our rights


19.1 Our failure to exercise or enforce any of our rights under these terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.

20 Complaints and dispute resolution


20.1 Most concerns can be solved quickly by contacting us at info@Winkelgames.com


20.2 In the unlikely event that we cannot solve your concern and you wish to bring legal action against us these terms shall be governed by and construed in accordance with the laws of England.

21 For residents in the United States-- BINDING ARBITRATION AND CLASS ACTION WAIVER:


21.1 The BINDING ARBITRATION AND CLASS ACTION WAIVER provisions in this paragraph 


21 apply to all Disputes between you and Winkel and/or Winkel’s parents, subsidiaries and Affiliates relating to the Games and Services. Paragraph 21 also applies to any Dispute between you and any Winkel Affiliates, each of which is an intended third-party beneficiary of paragraph 21. For the purposes of paragraph 21, “Affiliate” shall mean any entity controlling, controlled by or under common control with Winkel, where ‘control’ means the direct or indirect ownership of more than fifty percent (50%) of such entity’s capital or equivalent voting rights and “Dispute” shall include any dispute, claim, controversy or action between you and Winkel (or any Winkel Affiliates) arising out of or relating to this agreement, the Services, or any other transaction involving you and Winkel, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis.


21.2 Initial Dispute Resolution: If you have any concerns or queries regarding our Services, our customer support team can be reached through info@winkelgames.com . Most concerns are quickly resolved in this manner to our customers' satisfaction. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.


21.3 Binding Arbitration: If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution is pursued pursuant to the paragraph 21.2, then You and Winkel agree that all Disputes shall be resolved by binding arbitration according to this agreement. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED. Under this agreement, binding arbitration shall be administered by JAMS, a nationally recognized arbitration authority, under its procedures then in effect for consumer related disputes, but excluding any rules that permit joinder or class actions in arbitration (for more detail on procedure, see paragraph 21.5 below). You and Winkel understand and agree that (a) the Federal Arbitration Act (9 U.S.C. §1, et seq.) governs the interpretation and enforcement of this paragraph 21, (b) this agreement memorialises a transaction in interstate commerce, and (c) this paragraph 21 shall survive termination of this agreement.


21.4 Arbitration Procedure: If you or Winkel commences arbitration, the arbitration shall be governed by the rules of JAMS that are in effect when the arbitration is filed, excluding any rules that permit arbitration on a class or representative basis (the “JAMS Rules”), available at http://www.jamsadr.com or by calling 1-800-352-5267, and under the rules set forth in this agreement. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by the terms of this Agreement and must follow applicable law. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including any claim that all or any part of this agreement is void or voidable. Notwithstanding this broad delegation of authority to the arbitrator, a court may determine the limited question of whether a claim or cause of action is excluded from arbitration under paragraph 21.6. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. In some instances, the costs of arbitration can exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The arbitrator’s award is binding and may be entered as a judgment in any court of competent jurisdiction. You may choose to engage in arbitration hearings by telephone. Arbitration hearings not conducted by telephone shall take place in a location reasonably accessible from your primary residence, or in Los Angeles, California, at your option. Instructions for initiating an arbitration are available at the JAMS website and toll-free number referenced above.


21.5 Class Action Waiver: The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE PRIVACY POLICY ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.


21.6 Exception - Litigation of Intellectual Property and Small Claims Court claims: Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement, and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to you for the Services under these terms. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.


21.7 30 Day Right to Opt Out: You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in the "Binding Arbitration," "Location," and "Class Action Waiver" paragraphs above by sending written notice of your decision to opt-out to the address above Attn: Winkel Legal. The notice must be sent within 30 days of the earlier of your first download of the applicable Game or commencing use of our Services (or if no purchase was made, then within 30 days of the earliest of the date on which you first download the applicable Game or access or commence use the applicable Service); otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, we also will not be bound by them.


21.8 Changes to this paragraph: We will provide 60-days’ notice of any changes to this paragraph. Changes will become effective on the 60th day and will apply prospectively only to any claims arising after the 60th day.

22 JURISDICTION AND APPLICABLE LAW

Our Games and other Services are made available subject to these terms. This paragraph explains which laws apply to these terms.


22.1 Except for paragraph 21, the laws of England shall govern the interpretation of these terms and apply to claims for breach of it, without reference to conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and claims in negligence and tort, will be subject to the laws of the country in which you are resident. If there is a dispute between us regarding these Terms of Use, then that dispute will be subject to the jurisdiction of the courts of England unless the law in your country of residence allows you to choose the courts of that country for the dispute in question.


22.2 For residents in the United States: You and we irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Los Angeles County, California to resolve any claims that are subject to exceptions to the arbitration agreement described in paragraph 21 above, or otherwise determined not to be arbitrable.


22.3 If you are resident outside the United States and you are entitled to commence and/or participate in legal proceedings within the United States, then you agree that you will be bound by the BINDING ARBITRATION AND CLASS ACTION WAIVER provisions above.


23 Questions about these terms


23.1 If you have any questions about these terms or our Services you may contact us by email at info@Winkelgames.com.


These terms were last updated on 01.04.2020.


© Winkel Ltd. “Winkel” and Winkel Games is a registered trade mark of Winkel Limited. All rights reserved.

WINKEL LTD GAMES PRIVACY POLICY

Last Updated: 08/04/2020

Winkel Ltd Games Privacy Policy


This privacy policy describes how Winkel Ltd and, its other group companies (collectively described as “Winkel Ltd”, “Winkel”, “us”, “we” or “our”) and its third party marketing and advertising partners collect, use, process and share information about you.


This Privacy Policy applies to the game that brought you to this policy via the in-game link irrespective of if it is on mobile devices, PCs or on other platforms such as Facebook.  Other Winkel games and products may have their own specific policies, so please check each game individually to understand its own policy. It also applies to our Marketing and Advertising activities on all platforms and other services that we may provide to you from time to time. In this Privacy Policy we refer to our games, websites, marketing and advertising activities and other services collectively as our "Services".


By downloading, accessing and/or playing our games, or interacting with our websites or other Services, you agree to the collection and use of your information in accordance with this Privacy Policy. , including consenting to Winkel’s and our advertising partners’ use of your data for targeted advertising purposes as described in the Marketing and Advertising sections of this Privacy Policy. Those sections also explain how you can withhold or withdraw your consent to the use of your data for targeted advertising purposes. If you have any other concerns about providing information to us or it being used as described in this Privacy Policy you should not use our games or other Services.


Playing our games


By downloading, accessing and/or playing our games or using our other Services, you consent to the collection of information about you by us. Most of this data comes directly from you or your device, such as device information, country and region, and game play information. We use this data to provide our games and Services to you, including for the purposes of optimisation, preventing fraud, customising in-game offers and verifying purchases. We may also use it for the other purposes set out in this Privacy Policy, including for Marketing and Advertising purposes.


Most of the information that we collect about you comes directly from you when you play our games, or interact with our websites, advertising or other Services. Broadly the information we collect about you relates to the type of device you are using, how you play our games (such as levels attempted and purchases made) and may include information that you submit when creating an account with us or which you allow us to access when you connect to your social network accounts through our games or Services. We may also collect information from advertising platforms and partners and other third parties such as information about purchases and interests.

In more detail, depending on which of our Services you interact with we may collect and process the following types of information:


  • details about how you use and interact with our games, advertising and other Services (for example, information about how and when you play our games or visit our website(s), what device you use to access our games and services or details regarding profile visits.

  • information that you provide us with when you fill in forms, answer questions or complete surveys when using any of our Services, when you create an account with us or if you invite your friends to use our games and Services;

  • the content of messages sent using our chat and messaging systems;

  • if you contact us, for instance through our Winkel Community customer service channels, or respond to messages and communications that we send to you, we may keep a record of that correspondence;

  • your interactions with us on our social media channels;

  • information we collect via cookies and other similar technologies, as explained further below;

  • information as further set out in this Privacy Policy,

  • information we collect about you from our other group companies or other third party companies who have obtained your consent or have another legal right to share such information with us (including publishing partners, platforms, advertising platforms and partners and data aggregators who have obtained). This may include attributes about you and your interests, as well as other games and services you use, demographic and general location information. We will use this information as described in this Privacy Policy and subject to any limitations in the privacy policy of the company that collected the information from you.

If you choose not to create a Winkel Profile by connecting your social media account, the information that we collect when you play our games will be anonymous, but we will collect device level identifiers and other information associated with those identifiers including:

  • the type of device(s) you are using to play our games or access our Services, identifiers such as IP address, device identifiers, ad identifiers, a Winkel-specific player ID, and the country or region that you are playing in; and

  • how you play our games and interact with our websites or other Services (such as which of our games you are playing, your progress through the games, session time and duration, number of attempts at each level and purchases made).

In some instances, when you make purchases on or through our website(s), we may collect certain payment information from you on behalf of our payment service providers, but this information is temporarily cached in a way that is unreadable by Winkel. We do not collect or retain credit card information. Our payment service providers will provide us with information about your purchases so that we know if a purchase has been successful. 

When you purchase items via our mobile apps (such as those you can purchase in the App Store, on Facebook or on Google Play) we do not collect or store any payment information from you.

We may from time to time ask you for your consent to collect other information from you or your device. For instance, we may invite you to allow us to access your contacts to enable us to invite them to play our games with you. If we do this or something similar, we will tell you what information we would like to collect, why we need it and what we’ll use it for.

We, our suppliers and group companies, may use this information:

  • to enable us to provide our games and other Services to you, to ensure that any purchases you make are verified on our servers and activated in the games, and to provide you with player support if you need it;

  • to enable us to optimise our games for you and for the device that you are using, as well as to deliver customised in game events, offers and promotions; 

  • For the other purposes as set out in this Privacy Policy, including for Marketing and Advertising purposes; and

  • 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 


We may also share your information with third party publishers who develop and provide games and other Services to you on our behalf.


We also analyse and use the information that we collect on an anonymised or aggregated basis for product development, to analyse the performance of our games, to troubleshoot and to improve and optimise the games to ensure the best player experience for our players as a whole.


A more detailed description of some of the ways that we use your information is set out below and in the other sections of this Privacy Policy.

Providing and optimising our Services

We use your information to enable us to provide our websites, advertising and other Services to you and to optimise all of them so that we can make them the best they can be for you and all our players. This will include use and analysis of aggregated data to make sure that our websites work properly on all devices and are as enjoyable as they can be for all our players.

Chat

Some of our Services include chat functionality. Users of our chat service(s) can send messages to other players, to Winkel customer services or publicly on our forums. Your messages may be used and stored by us: (a) to convey your messages; and (b) to enable you and your recipients to view your message history (although please note that after 30 days your in-game chat messages will no longer be accessible). We reserve the right to review the content of your messages, including by using automatic filters, to ensure that you are complying with our terms of service and we also reserve the right to prevent your use of our chat service(s) or to block the sending of any message for any reason. We will not use the content of your chat messages for any other purpose.

Customer Services

We use your information, including data that you provide directly to us in communications, to provide you with support through our customer service channels when you need it. We may also use it to contact you, for example as part of customer service or to send you updates about our games and Services. Finally, we will use your data to manage your account and relationship with us and improve your experience when you use our Services.

For information about what data we collect and process when you use the Winkel Community website, see Visiting our websites below.

Analytics and Research

We use analytics tools, which may include third party analytics tools, to collect information about how you play our games or use our Services. Those tools may use cookies or other similar tracking technologies. We may use your data to carry out research, surveys or to engage directly with you, for example by sending you communications (including by email), for these purposes. We may also create reports, analysis or similar services for use by us for the purposes of research or business intelligence, for example to track potential problems or trends with our Services, or to test out new game features and content.

Social and Community

We have a number of social and community channels which we use to communicate with our players. If you choose to interact with those channels, we will receive your information and use it in connection with those channels, including to engage with you, and we may also republish your posts to those channels.

Promotions and Competitions

From time to time we may run promotions or competitions during which we may collect certain personal information from you, such as your name, address, post code, email address or other information or content submitted in order for you to claim a prize. Those competitions will have their own specific terms and conditions, but we will use personal information that you provide in relation to that competition for the purposes of running the competition. We may also publish the names and entries of competition entrants. That information may also be combined with your Winkel Profile and other account information and will be processed, stored and shared in accordance with this Privacy Policy.

Cheating, crime and fraud prevention

We may use personal data that we hold to prevent cheating, crime or fraud. We may also need to pass your information to fraud prevention agencies and other organisations involved in crime and fraud prevention, such as the police.

Legal uses

We may use your data as required or permitted by any applicable law. As a specific example, if you live in the European Union, this would include for the purpose of providing VAT invoices where we are required to do so by law or where requested by you.



Visiting our websites


When you visit our other websites and other websites and forums operated by us (“Websites”), we collect information about you, such as details about how you use and interact with such Websites. We may use the information we collect about you for a number of purposes, including for operating and optimising the Websites, in connection with our advertising purposes, and for research or analysis.


The information we collect and process about you when you visit our Websites includes:

  • information that you provide us with when you fill in forms or create posts on our Websites, or when you create an account with us;

  • details of your use of the Websites and the resources that you access (for example, information about how and when you use the Websites, or what device you use to access the Websites);

  • if you contact us or respond to messages and communications that we or other users of the Websites send to you, we may keep a record of that correspondence;

  • your interactions with us on our social media channels; and

  • information we collect via cookies (which are small text files placed on your device), and. Cookies allow us to collect data, such as your device's model, operating system and screen size and other information about how you use our Services. 

We, our suppliers and group companies, may use this information:

  • as necessary in order to provide the Websites and related services to you;

  • for the purposes of contacting you, for example as part of customer service or to send you updates about the Websites;

  • for the purposes of managing your account and relationship with us and improving your experience when you use the Websites;

  • for the purposes of research, surveying, and engaging with you, for example by sending you communications (including by email) for these purposes;

  • for the purposes of marketing and promotion of Winkel’s products, for example sending you communications (including by email) for these purposes on our, or a third party's behalf. For example, we might send you information about merchandise relating to our games. If you do not want us to use your data in this way please let us know by contacting us at privacy@winkelgames.com;

  • to create reports, analysis or similar services for use by us for the purposes of research or business intelligence, for example to track potential problems or trends with the Websites;

  • for the purposes of preventing cheating, crime or fraud. We may also need to pass your information to fraud prevention agencies and other organisations involved in crime and fraud prevention; or

  • as otherwise expressly set out in this Privacy Policy or as required by law.


When using online forums, please be aware that in addition to your user name, any questions, answers, comments or submissions that you post will be publicly available and any data you provide can be read and/or used by other users. You should therefore only share content that you are comfortable sharing publicly.


Winkel Ltd Profile and Playing Socially


If the game you are playing has the option you can choose to add information to your Winkel Ltd Profile or to connect our Services to your account with a third party network (such as Facebook). If you do this, then your personal information will be visible to other players and we’ll also use it for the other purposes set out in this Privacy Policy, including for Marketing and Advertising.


Winkel Profile

When you play our games, we will give you a randomly generated unique identifier which we will associate with a Winkel account known as a "Winkel  Profile". Your Winkel Profile will not be personally identifiable unless you choose to add your personal information to it, such as your name, avatar, email address or other information. 


Your Winkel Profile and the information it contains will be visible to other users of our Services. If you choose to add personal information to your Winkel  Profile it will be visible to your friends and other players anywhere in the world. 


If you choose to view another individual's Winkel Profile, that individual and other users of our Services will know that you have visited them because some of your social information and a link to your Winkel Profile will be displayed on that individual's Winkel Profile.

Connecting with a third party network

Where we make this available, you can choose to log in to your Winkel Profile using your account details with a third party network, such as Facebook or Google. If you do this, you will be able to use your account to log in on multiple devices and synchronise progress across those devices. Where available, you will also be able to see which of your friends are playing the same game and their progress through the games (and they will be able to see you and your progress), or access other functionality we make available in our games and other Services, such as inviting friends to play, as Winkel other players for lives and 1-2-1 messaging.

Information we receive from Facebook

If you log in to your Winkel  Profile using your Facebook account details, we will receive some of your Facebook account information. If you choose to play our games online on the desktop version of Facebook.com, your basic Facebook account information will automatically be associated with your Winkel  Profile. Exactly what information we receive will depend on your settings in your Facebook account, but typically we will receive your basic public profile information such as your username, email address, age range, gender, chosen language, country, friends list and any other public information. 


We will also collect the email account associated with your Facebook account and the name and avatar of those of your Facebook friends that are already playing our games. You can choose not to allow us to access your email address in the Facebook dialog box the first time at which you associate your Facebook account with your Winkel Profile. If you provide us with your email address we may from time to time use that email address to send you marketing emails about our other games and Services. You can opt out of this at any time - see Opting-out of direct marketing from Winkel below.


Logging in with Facebook will not allow us to post anything to your page without your permission and we will not receive any information about your Facebook friends who do not play our games. If you do not wish your Facebook friends to be able to see you and your progression in our games, you can prevent this by disconnecting from Facebook from within our games and updating your app permissions from within your Facebook settings. 

We would recommend that you read Facebook’s Privacy Policy (https://www.facebook.com/full_data_use_policy) and review your privacy settings from time to time to make sure that you understand fully how your Facebook data is shared.

Information we receive from Google

If you log in to your Winkel Profile using your Google account details, we will receive some of your Google account information. Exactly what information we receive will depend on your settings in your Google account, but typically we will receive your basic public profile information such as your name, email address and profile picture. If you choose to grant us access to your Contact List, we will use and store this to help you find those of your Google contacts that are already playing our games. 

You can revoke future access to your information at any time by following the steps at https://support.google.com/accounts/answer/112802?hl=en.

We would recommend that you read Google’s Privacy Policy (https://www.google.com/policies/privacy/) and review your privacy settings from time to time to make sure that you understand fully how your Google data is shared.



Marketing


Unless you opt out as explained below, we and our third party partners use information collected about you to send you marketing communications about other Winkel Ltd games and related Services based on your interests. For example, we may send emails, serve ads within our Services or place ads on third party websites, apps and Internet-connected devices.


We may use the information that we hold about you to promote Winkels other Services in a number of ways. This might include:

  • advertising within third party websites, apps and Internet-connect devices;

  • showing you promotions for other Winkel games in the games you play; or

  • sending you marketing materials by email.

What information do we use for marketing?

We use information about you to try to make sure you only see marketing from us that might be of interest to you. This includes using information that we may have about you, such as:

  • ad identifiers and other non-personal information collected from your device. For more information, see Ad identifiers, cookies and similar technologies;

  • the games you play and information about how you interact with our games and Services; 

  • your age, country or region, and gender; and

  • other information that we might acquire from our third party marketing partners or other third parties who have obtained your consent or have another legal right to share that information with us.

Marketing partners

When we market our games in media published by other companies, we use various third party marketing partners to assist us on our behalf, and we may share information which we have collected about you with such third parties for these purposes. 

Our marketing partners may help us to serve ads to you by combining this information with data which 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 to see an advert for Winkels games or Services, they will serve you with a Winkel ad while you are using other websites and services. 

By accepting this Privacy Policy and downloading or continuing to play our games, and unless you opt out of interest-based advertising as explained in this section, you consent to our marketing partners collecting and using information about you to improve advertising, targeting and measurement systems as described in their privacy policies. 

This Privacy Policy does not apply to the collection of your information by our marketing partners. We recommend that you review our partners’ privacy policies for more information. 

Opting-out of direct marketing from Winkel

You can exercise choices over the direct marketing we send you in the following ways:

  • you can withhold your consent for us to send you direct marketing emails by opting out when we collect your email address or by electing not to share your email address with us when you first create an account using your Facebook details;

  • you can remove yourself from receiving email marketing from us at any time by simply click Winkel the unsubscribe link in any direct marketing email we send to you or sending an email to info@winkelgames.com

  • to disable interest-based advertising, please see How to adjust your preferences for interest based advertising below.

You should note that if you opt out of receiving interest based or targeted advertising, you will still still see advertising and you may see advertising for Winkel products, but that advertising will not be targeted using your personal information.



Advertising


Our games may include advertising for third party products and services. By accepting this Privacy Policy and downloading or continuing to play our games or use our Services, and unless you opt out of interest-based advertising as explained in this section, you consent to us and our advertising partners collecting and using information about you to improve advertising, targeting and measurement systems so that we can show you relevant third party ads in our games.


We use information that we hold about you to better target ads for third party goods and services to people that might be most interested in them. These ads may be shown to you within our games or Services. 

What information is used for advertising?

We use ad identifiers and other information that we collect about you as described in this Privacy Policy to try to make sure you only see ads in our games that might be of interest to you. This includes information such as:

  • ad identifiers and other information collected from your device. For more information, see Ad identifiers, cookies and similar technologies;

  • the games you play and information about how you interact with our games and Services; 

  • your age, country and region, and gender; and

  • other demographic and interests based information that we might acquire from our third party marketing partners or other third parties who have obtained your consent or have another legal right to share that information with us.

Advertising partners

When you play our games or use our Services, non-personal identifiers and other information from your device is collected and shared with advertising partners to enable the technical delivery of ads to your device. 

Our advertising partners may combine this information with information which they have collected about you when you use their services (or the websites or services of third parties) in order to serve you more relevant ads in our games or to improve the accuracy of their targeting and measurement systems.

You consent to the collection and use of your data for targeting advertising purposes by our advertising partners as set out in this section and as further described in their privacy policies. We recommend that you review our advertising partners’ privacy policies for more information. You can refuse or withdraw your consent to such use at any time - for more information, see How to adjust your preferences for interest based advertising. 

Opting-out of interest-based advertising

You can choose to prevent your device's ad identifier being used for interest-based advertising by updating the settings on your device.


If you opt out of interest-based advertising (see How to adjust your preferences for interest-based advertising on how to do this), you will still be able to play our games and you may still see advertising in our games, but those ads will not be targeted using information that we hold about you or which our advertising partners collect about you from our games. However, you may still receive ads based on contextual criteria such as the game that the ad is displayed in, or the region in which your device is located.Please note that even if you have opted-out of interest-based ads in our games you may still receive interest-based ads from Facebook.


Ad identifiers, cookies and similar technologies


To provide our games, Websites and interest-based advertising, we use ad identifiers, cookies and similar technologies. This section describes our use of these technologies and how you can manage your preferences.



Ad identifiers, cookies and similar technologies are used by us to provide our Services to you and in order to collect data from your device. These technologies allow us and our third party advertising partners to:

  • recognise 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);

  • allow us to understand how you interact with our websites (for example, where we use cookies such as the Google Analytics cookie on our Websites);

  • allow our payment processors to process your payment instructions; and

  • enable us and third parties to provide you with more customized services, for example to provide our Services in the correct language.

How do ad identifiers, cookies and similar technologies work?

Ad identifiers are non-permanent, non-personal identifiers such as the Android advertising ID and/or Apple's ID for advertising (the ‘IDFA’), which are uniquely associated with your device. Similar technologies include tracking pixels within ads. These technologies allow companies (including marketers and advertisers) to recognise your device when you use websites and applications.

Cookies are small text files that are stored by your browser on your desktop computer or mobile device. You can withdraw your consent to cookies by updating the settings within your browser.

How to adjust your preferences for interest-based advertising

For players in California:The California Consumer Privacy Act ("CCPA") gives residents of the US state of California the right to prevent businesses from selling their personal information to third parties. Please see the Advertising section for more information on how we work with our advertising partners. Sharing information in this way may be considered “selling” for the purposes of the CCPA. We do not “sell” your personal information to third parties for any other purpose. If you would prefer that your personal information is not shared with third parties for this purpose, you can update your preferences in some of our games via the settings menu on a game-by-game basis. If you wish to opt-out of this ‘selling’ of personal information in all our games, please submit a “Do not sell my personal information” request here.For players in the UK, European Economic Area (EEA) and Rest of World (ROW):If you would prefer that your personal data is not processed to receive interest-based ads, you can update your preferences on a game-by-game basis via the settings menu in some of our games. You can also submit an opt-out request for all of our games here.Opting out of interest-based advertising at a device level:You can choose to prevent your device's ad identifier being used for interest-based advertising, or you can reset your device's ad identifier, by changing the settings of your device. Settings vary from device to device but you will usually find the ad identifier settings under "privacy" or "ads" in your device's settings.If you live in the USA, Europe or Canada, you can also opt-out from the collection of your information by some or all of our advertising partners who participate in the Digital Advertising Alliance by visiting http://www.aboutads.info/choices/ (for US users), http://www.youronlinechoices.com/ (for European users) or http://youradchoices.ca/choices (for Canadian users). You can also click on the AdChoices logo within an advertisement (where available).Opting out of Facebook advertising:To update your advertising preferences with Facebook, you will need to log in to your account on Facebook and update your settings there.



Your rights


You have certain rights in connection with your personal information and how we handle it. You can exercise these rights at any time by contacting us via any of the methods set out in the Contact Us section below.


Those rights include:

  • Right of access. You have a right to know what information we hold about you and in some cases to have the information communicated to you. If you wish to exercise this right please contact us letting us know that you wish to exercise your right of access and what information in particular you would like to receive. We reserve the right to ask for reasonable evidence to verify your identity before we provide you with any information. Please note that we may not be able to provide all the information you ask for, for instance if the information includes personal information about another person. Where we are not able to provide you with information that you have asked for, we will endeavour to tell you why. We will try to respond to any request for a right of access as soon as possible, but we will always do so within 1 month of receipt of your request and verification of your identity.

  • Right to correct personal information. We try to keep the information that we hold about you accurate and up to date. Should you realise that any of the information that we hold about you is incorrect, please let us know at privacy@winkelgames.com and we will correct it as soon as we can.

  • Data deletion. In some circumstances you have a right to have some of the personal information that we hold about you deleted. Should you wish to have any information about you deleted, please Contact Us using the information below. Please note that in order to process your request you must delete our games from your mobile devices and clear our cookies from any device where you have played our games in a web browser. Where we delete personal information about you, we may still retain some or all of that information for other purposes such as maintaining financial records, protecting or enforcing legal rights, maintaining marketing suppression lists or for technical reasons such as maintaining technical security or our database integrity. We may also retain your information in an anonymised form. In some instances, personal information about you that is visible through gameplay such as username, avatar, your high scores and any chat messages may be cached on other players’ devices and we may not be able to remove or update that data from those devices, for example if that device is not connected to a wifi network.

  • Account deactivation. If you have created an account with us, you can ask us to deactivate that account by contacting us using the information below. We may ask you for other information before we are able to deactivate your account. That information might include information about your mobile device. Other steps you should take should you wish to completely deactivate your account include disassociating your Facebook account from our mobile games and deleting 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, such as Gold Bars or Boosters will be lost and we may not be able to restore them in the future.

  • Data portability. In some circumstances, you may have the right to request that data which you have provided to us is provided to you, so you can transfer this to another data controller. 

  • Restriction of processing. In some cases, you may have the right to request a restriction of the processing of your personal data, such as when you are disputing the accuracy of your data held by us.

  • Right to object. You have the right to object to the processing of personal data about you which is processed on the grounds of legitimate interests (see Legal Bases below).

  • Direct marketing opt out. If you have elected to receive direct marketing communications from us, you can change your mind at any time by following the opt out link in any marketing communication that is sent to you. If you have elected to receive more than one type of marketing communications from us, you may need to opt out of all of them individually. It may take a few days for us to update our records before any opt out is effective.

  • Right to opt-out (California, USA): California residents have the right to opt out of the sale of personal information, which is defined in a way that may include the transfer of data to third parties to personalize ads for you. If you opt out of the ‘sale’ of your information, we will not sell your information, including to our advertising partners, but you may still see ads in the game and some of our partners may deliver ads to you, based on information they hold on you. See How to adjust your preferences for interest-based advertising for more information.
    There are other ways in which you can control the personal information that we collect about you. For instance, you could disconnect your Facebook or other social network account from our games, or delete our games from your mobile device. You could also reset your mobile advertising identifier or limit ad tracking altogether using the settings in your phone. Finally, you could limit or prevent the use of cookies in your web browsers. More information on all of these options is provided elsewhere in this Privacy Policy.





Children


You must be over a certain age to play our games and use our Services, depending on where you live. Please check your app store to see age range ratings.   We do not sell or market games where children are the target audience. We do not knowingly collect or solicit personal information from or direct or target interest based advertising to anyone under the ages set out below, or knowingly allow such persons to use our Services. If you believe that we might have any information from or about a child under the age set out below, please Contact Us.


General


Our Privacy Policy contains further details about:

  • who we share your information with and the reasons for sharing it;

  • measures we take to keep your information secure;

  • the legal bases under which we process your data;

  • how long we retain your information and where we store it;

  • when and why we share your information with third parties, including transfers outside of the European Economic Area (the “EEA”); and

  • changes or updates to our Privacy Policy.



Contact us


If you have any questions or concerns about any of the matters in relation to this Privacy Policy, including to exercise any of your rights, then there are several way of contacting us:


  1. via our customer services page at https://www.winkelgames.com/

  2. in writing to Winkel Ltd, 50 Sloane Avenue, London SW3 3DD.  For information collected under this Privacy Policy, the data controller is Winkel Ltd. Our Data Protection Officer can be contacted here: DPO@Winkelgames.com.

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