Last updated: 11 June 2020
This policy applies to personal information held about you when you visit our website or use its services.
1. Who we are
We are Tonic Games Limited, a company registered in England and Wales with company number 09882916 (Tonic Games Group, we, our and us). Our registered office is at 111 Buckingham Palace Road, 4th Floor, London, England, SW1W 0SR. Our VAT number is GB 225977866.
You can contact us by email at email@example.com.
2. About this Policy
This policy deals with where we are acting as a 'data controller' under the data protection legislation: which essentially means where we are responsible for deciding what personal information we collect and how we use it.
We are committed to protecting and respecting the personal information of everyone we deal with - that is important to us and we know it is important to you.
In this policy you will find information about what types of personal information we hold about you, how and why we collect it, how we use it, and how we keep it secure. You'll also find information about your rights and how you can exercise them.
Our website and our games are not intended for children under 13 years old and we do not knowingly collect data relating to children under 13.
3. What information do we collect about you?
We collect information regarding how you interact with the content on our website and the pages you visit. Information we collect may include:
- internet protocol (IP) address,
- unique mobile device identification numbers (such as your Media Access Control (MAC) address,
- Identifier For Advertising (IDFA),
- International Mobile Equipment Identity (IMEI),
- type of device, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website,
- Usage data including information about how you use our website, products and services,
- Marketing and communications data including your preferences in receiving marketing from us and our third parties and your communication preferences.
4. How we collect information about you
We will collect this information in a variety of ways depending on how we interact with you.
You may give us your identity, contact or other information by filling in online forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- contact us with a query;
- subscribe to our mailing lists;
- enter a competition, promotion or survey;
- register for alpha, beta or other early access to our games; or
- give us feedback.
Automated technologies or interactions
As you interact with our website we may automatically collect technical data about your equipment, browsing actions and patterns. We may collect this personal data by using cookies, pixels, server logs and other similar technologies.
5. How we use your information
We use different information in different ways:
- providing and managing our services;
- to answer your enquiries or deal with your complaints;
- allowing you to participate in certain website features;
- direct marketing to let you know about products and services that may be of particular interest to you;
- administering surveys and opinion polls;
- managing competitions and/or promotions and your registration for the same;
- managing alpha, beta or early access tests including collecting your feedback;
- fraud and other unlawful activity;
- business and website analysis and improvement;
- complying with legal or regulatory requirements; and
- engaging with you on third party social networks (we encourage you to review the privacy notices/policies of these social networks to enable you to opt out of such activities)
6. Legal basis for processing
There are a number of different legal grounds for processing personal information. Which one is applicable will depend on how we are using your information and for what purpose. In the majority of cases this condition will be that:
You have provided your consent to us using your personal information in that way. For example where you provide us with consent to send you marketing communications about our products and services.
Necessary to perform a contract
Our use of your personal information is necessary to perform a contract or take steps to enter into a contract with you.
Our use of your personal information is necessary to comply with a relevant legal or regulatory obligation.
In relation to any processing of 'special categories' of personal data (including information regarding your health, religious or political beliefs, ethnic background, sexual life and sexual orientation) we will generally rely on obtaining specific consent from you at the time we collect the information unless there is a legal requirement or other justification for processing that information.
7. Sharing your information
The personal information you provide to us may be shared with third party companies, agents, contractors, service providers or affiliated companies if this is necessary to provide you with our services, respond to your inquiries or for any of the purposes described in this policy. This may include:
- sub-processors who store or process information on our behalf, in particular, website hosting providers, data storage providers and mailing list administrators;
- our auditors, insurers, lawyers and other professional advisers;
- law enforcement agencies, other governmental agencies or third parties if we are required by law to do so;
- other wholly-owned subsidiary, sister or holding companies in our corporate group; and
- other business entities should we plan to merge with or be acquired by that business entity, or if we undergo a re-organisation with that entity.
8. Transferring your information outside Europe and the UK
Your personal information may be transferred to, and stored at, a destination outside the European Economic Area (EEA) and may also be processed by staff operating outside the EEA who work for us, or for one of our service providers.
When we, or our permitted third parties, transfer your information outside the EEA we will take all reasonable steps to ensure that such transfer is subject to appropriate safeguards, including entering into agreements with the party to whom we transfer such information in accordance with model EC approved model data transfer agreements.
When the UK leaves the EU we will comply with any restrictions on transferring personal data outside the UK.
9. Your rights
Under EU data protection laws you have a number of rights in relation to your personal data. We respect and honour these rights and will help you to exercise them insofar as we are able.
You have the right:
- to request access to or a copy of any personal data which we hold about you;
- to rectification of your personal data, if you consider that the information we are holding is inaccurate;
- to ask us to delete your personal data, if you consider that we do not have the right to hold it;
- to withdraw consent to our processing of your personal data (to the extent such processing is based on previously obtained consent);
- to ask us to stop or start sending you marketing messages as described below in the marketing section;
- to restrict processing of your personal data;
- to data portability (moving some of your personal data elsewhere) in certain circumstances;
- to object to your personal data being processed in certain circumstances; and
- to not be subject to a decision based on automated processing and to have safeguards put in place if you are being profiled based on your personal data.
Please note that these rights are not absolute – in some cases they will not apply to you, or to the particular use that we are making of your data, and there are exceptions (for example if we have to process the data to comply with our own legal obligations) but if that is the case we will let you know if you make a request that we believe we cannot comply with.
Any request from you for access to or a copy of your personal data must be in writing and we will endeavour to respond within a reasonable period in compliance with data protection legislation. We will comply with our legal obligations as regards your rights as a data subject.
We aim to ensure that the information we hold about you is accurate at all times. To assist us in ensuring that your information is up to date, do let us know if any of your personal details change at the following email address firstname.lastname@example.org.
If you have agreed to be contacted for marketing purposes we may use your personal information to send you information about us and our services. You can unsubscribe from receiving them at any time and details of how to unsubscribe will be included in any marketing communications we send you. You also have the option of "unsubscribing" from our mailing list at any time thereby disabling any further such e-mail or other communication from being sent to you by emailing email@example.com.
We will action any opt out request from you as soon as we can.
11. How long will we keep your information?
We will only keep the information we collect about you for as long as required for the purposes set out in this notice or as required to comply with any legal obligations to which we are subject. This will involve us periodically reviewing our files to check that information is accurate, up-to-date and still required.
By law we have to keep basic information about our players (including contact, identity, financial and transaction data) for six tax years plus current tax year after they cease being players for tax purposes.
In some circumstances you can ask us to delete your data: see "Your Rights" above for further information.
Sometimes we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
If you opt out from marketing, we will retain your information to enable us to respect your wishes to not be contacted for marketing purposes.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect.
Such measures will be appropriate to the nature of the data concerned and the level of risk. If you have been provided with a password to access any of our services you should not share that password with anyone else.
13. Links to Other Sites
Our websites may contain links to other sites, including via our social media buttons. While we try to link only to websites that share our high standards and respect for privacy, we are not responsible for the content, security, or privacy practices employed by other websites and a link does not constitute an endorsement of that website.
Questions, comments and requests regarding this policy are welcomed and should be addressed to firstname.lastname@example.org.
If you have any concerns about our use of your information, you also have the right (as a UK resident) to make a complaint to the Information Commissioner's Office, which regulates and supervises the use of personal data in the UK, via their helpline on 0303 123 1113.
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site.
A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. You can also delete cookies through your browser settings.
We use the following cookies:
To opt out of being tracked by Google Analytics across all websites click here.
16. Changes to these Terms
We may need to this policy from time to time, for example, in order to ensure that we remain compliant with applicable law or to reflect any changes we make to the services we provide.
You can find a copy of this policy by visiting: tonicgames.com/privacy. If we make any changes to these Terms, we will upload an amended version of the Terms to this URL.
Your continued use of this website after any changes to the policy have been made by us will mean that you accept those changes. If you do not agree to any changes to the policy, you may not continue to use this website and its services.
Any changes to this policy will not affect your accrued rights and will not have any retrospective effect.
17. Law and jurisdiction
If you have a complaint, please let us try to resolve it first. You can send us details of your complaint by email to email@example.com.
In the event of any dispute, controversy, or claim relating to this policy), both you and Tonic Games Group shall first use best efforts to negotiate an informal resolution to such dispute for at least 30 days before initiating any formal proceeding. This informal negotiation period will commence upon written notice from one party to the other.
This policy, and any dispute, shall be governed by and interpreted in accordance with English law, except for certain claims and disputes, for example, relating to consumer protection, unfair competition and tort, which may subject to the laws of the country or state in which you are resident. The jurisdiction for any dispute shall be the courts of England and Wales.