Wisageni Studio Privacy Policy & Terms of Use

Effective Date: June 24th, 2019

Terms of Use

1. Agreement to Terms


By using our Services, you agree to be bound by these Terms and by our Privacy Policy. If you don’t agree to these Terms and our Privacy Policy, do not use the Services.

IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

2. Changes to Terms or Services


We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications via the Services. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site or via the Services, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Site or the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

3. Who May Use the Services 



3.1. Eligibility – You may use the Services only if you are 16 years or older and are not barred from using the Services under applicable law. If you are under the age of 18, or under the age of majority where you live, you represent that your legal guardian has reviewed and agreed to these Terms.
3.2. Registration and Your Information – It’s important that you provide us with accurate, complete and up-to-date information for your account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your account. You agree that you won’t disclose your account password to anyone and you’ll notify us immediately of any unauthorized use of your account. You’re responsible for all activities that occur under your account, whether or not you know about them.

4. Content and Content Rights


For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that account holders (including you) provide to be made available through the Services. Content includes without limitation User Content.

4.1. Content Ownership, Responsibility and Removal

We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, we and our licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

4.2. Rights in User Content Granted by You.

By making any User Content available through Services you hereby grant to us a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other account holders. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by us on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

4.3. Rights in Content Granted by Us.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

5. Rights and Terms for Apps



5.1. Rights in App Granted by Us.
Subject to your compliance with these Terms, we grant you a limited non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of the App on a mobile device that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. We reserve all rights in and to the App not expressly granted to you under these Terms.

6. Payment Terms


6.1. In-App purchases
Wisageni Studio may license to you certain virtual goods to be used within the Apps and which you may purchase with real cash or which you may earn or redeem via gameplay (“Virtual Items”). When you obtain such Virtual Items from Wisageni Studio or its authorized designee, you receive a limited, personal, non-transferable, non-sublicensable and revocable license to use such Virtual Items within the applicable App and solely for non-commercial use.

Wisageni Studio may manage, control, modify or eliminate Virtual Items at any time, with or without notice. Without limiting the foregoing, Wisageni Studio reserves the right at any time to impose additional terms or conditions on your use of Virtual Items. Such additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the App will be deemed acceptance thereof. If we need to contact you about your Virtual Items or your account, you consent to receive the notices by email. You acknowledge and agree that any such notices that we send to you electronically will satisfy any legal communication requirements.

The transfer of Virtual Items is prohibited, except where expressly authorized in the Apps, if any.

Virtual Items have no monetary value and are not currency or property. Virtual Items do not have an equivalent value in real cash and do not act as a substitute for real world money. Virtual Items cannot be sold, traded, transferred, or exchanged for cash. Virtual Items may only be redeemed for certain gameplay entitlements that may be made available within the App from time to time. Neither Wisageni Studio nor any other person or entity has any obligation to exchange Virtual Items for anything of value. Wisageni Studio has no liability for hacking or loss of your Virtual Items.

Price and availability of Virtual Items are subject to change without notice.

Unless otherwise required by law, all purchases and redemptions of Virtual Items made through the App or Services are final and non-refundable, and you are not entitled to a refund for any unused Virtual Items. Once you redeem a Virtual Item for a gameplay entitlement within the App or Services, such gameplay entitlement is not returnable, exchangeable, or refundable. You acknowledge and consent that the provision of Virtual Items for use in connection with the App or Services is a process that commences immediately upon purchase and you forfeit your right of withdrawal once the performance has started.

Unless otherwise required by law, you agree that Wisageni Studio is not required to provide a refund for Virtual Items for any reason, and that you will not receive money or other compensation for unused Virtual Items, whether your loss of license under this Agreement was voluntary or involuntary.

If you request your personal data to be erased as specified in Wisageni Studio’s Privacy Policy, you will permanently and without a right to a refund lose all of your Virtual Items as Wisageni Studio can no longer associate such Virtual Items with you.

EXCEPT AS OTHERWISE PROVIDED HEREIN, YOU ACKNOWLEDGE AND AGREE THAT Wisageni Studio IS NOT REQUIRED TO PROVIDE A REFUND TO YOU FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR ANY UNUSED VIRTUAL ITEMS WHEN YOU DELETE YOUR ACCOUNT, YOUR ACCOUNT IS TERMINATED, OR WHEN YOU CEASE TO USE THE APP OR SERVICES.


6.2. Subscriptions

Some of Wisageni Studio’s Apps may offer subscription-based Services. If you purchase a subscription, then by clicking the purchase button you are requesting that we begin supplying the subscription Services immediately and you are entering into a monthly subscription contract with Wisageni Studio. You are also authorizing a charge to you on a recurring basis of a monthly subscription fee at the rate quoted at the time of purchase. By purchasing a subscription, we will automatically charge on a recurring basis the payment method associated with your account. For subscription Services purchased in a Wisageni Studio App played on a platform such as Apple or Google, the applicable platform will charge you for the subscription fee and the platform’s payment terms will apply. Please review the appropriate platform’s payment terms for additional information.

Trial subscriptions are offered free of charge for a certain period of time from activation specified in the relevant trial offer in the App. If you do not cancel the subscription within such trial period, the trial subscription will automatically convert into a paid subscription for the fees and for the subscription period set out in the App at the time of the activation of the trial period. You may cancel a subscription during its free trial period using the subscription setting of your account. Any paid subscription you activate begins immediately from the activation of such paid subscription and not after the expiration of any trial period. Any unused trial period will therefore be forfeited if a subscription is activated prior to the expiration of such trial period.

Your subscription will automatically renew each subscription period unless and until you terminate your subscription or we terminate it. You must cancel your subscription before it renews, otherwise payment of the subscription fees for the next period will be taken automatically via your chosen payment method. You are responsible for the timely payment of all fees and for providing Wisageni Studio with valid credit card or payment account details for payment of all fees. In case the subscription fee cannot be taken from your account due to absence of monetary funds, invalidity of credit card or for any other reason, your subscription will be automatically cancelled.

Subscription rates are based on an amount in U.S. Dollars. If you are using a local currency, the actual amount may fluctuate based on currency exchange rates without notice to you. The charges will be applied to the payment instrument or method you provide when you start your subscription (or to a different payment instrument or method, if you change your account information). Please note that prices and charges are subject to change. If we make a change to the monthly subscription rate in U.S. Dollars, we will notify you of such change in advance.

Once you have purchased a subscription, you cannot cancel your subscription for the current subscription period as that is activated as soon as you purchase a subscription. However, you may cancel your subscription for the next subscription period as follows: you can manage and cancel your subscription at any time in your “Account Settings” of your device.
For iOS subscriptions, please see
Apple’s support page.
For Google Play subscriptions, please see
Google Play’s support page.
Except where required by applicable law, paid subscription fees are non-refundable.

Wisageni Studio in its sole discretion and at any time may modify the subscription fee. Any subscription fee change will become effective at the end of the then-current subscription period. You will be provided reasonable prior notice of any change in subscription fee. If you do not take action to agree to the increase in subscription fee, your subscription shall expire at the end of the then-current subscription period.

7. Apple



If you use the Services on an Apple device, then you agree and acknowledge that:

Apple, Inc. bears no duties or obligations to you under the Terms, including, but not limited to, any obligation to furnish you with maintenance and support with respect to the Services; You will have no claims, and you waive any and all rights and causes of action against Apple with respect to the Services or the Terms, including, but not limited to claims related to maintenance and support, intellectual property infringement, liability, consumer protection, or regulatory or legal conformance; and Apple and Apple’s subsidiaries are third party beneficiaries of the Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

Export Control. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.


Policy summary

Personal Data collected for the following purposes and using the following services:

Advertising

Unity Ads
Vungle
IronSource
AppLovin
Admob
Personal Data: Cookie and Usage data

Analytics

Facebook Analytics - Terms
Unity Analytics
Firebase Analytics

Personal Data: Cookie and Usage data Contact information


Third party services

AppsFlyer - Terms

 

Facebook SDK
Public Profile and Public Post

Data owner

Wisageni Studio, contact@wisageni.com



Full policy


Data Controller and Owner

Wisageni Studio, contact@wisageni.com

Types of Data collected

Among the types of Personal Data that this Application collects, by itself or through third parties, there are: Cookie and Usage data. Other Personal Data collected may be described in other sections of this privacy policy or by dedicated explanation text contextually with the Data collection. The Personal Data may be freely provided by the User, or collected automatically when using this Application. Any use of Cookies - or of other tracking tools - by this Application or by the owners of third party services used by this Application, unless stated otherwise, serves to identify Users and remember their preferences, for the sole purpose of providing the service required by the User. Failure to provide certain Personal Data may make it impossible for this Application to provide its services. Users are responsible for any Personal Data of third parties obtained, published or shared through this Application and confirm that they have the third party's consent to provide the Data to the Owner.

Wisageni Studio is not responsible for the actions of individuals with no relationship to Wisageni Studio or third party companies, the content of their sites, the use of information or data you provide to them, or any products or services they may offer. Any link to those sites does not constitute our sponsorship of, or affiliation with, those individuals or companies.


Mode and place of processing the Data


Methods of processing

The Data Controller processes the Data of Users in a proper manner and shall take appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data. The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Data Controller, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of the site (administration, sales, marketing, legal, system administration) or external parties (such as third party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Data Controller at any time.

Place

The Data is processed at the Data Controller's operating offices and in any other places where the parties involved with the processing are located. For further information, please contact the Data Controller.

Retention time

The Data is kept for the time necessary to provide the service requested by the User, or stated by the purposes outlined in this document, and the User can always request that the Data Controller suspend or remove the data.


The use of the collected Data

The Data concerning the User is collected to allow the Owner to provide its services, as well as for the following purposes: Advertising and Analytics. The Personal Data used for each purpose is outlined in the specific sections of this document.
We may use your information to:

  • Create game accounts and allow users to play our games;
  • Identify and suggest connections with other Wisageni Studio users;
  • Operate and improve our Services;
  • Understand you and your preferences to enhance your experience and enjoyment using our Services;
  • Respond to your comments and questions and provide customer service;
  • Provide and deliver products and services you request;
  • Deliver advertising and marketing and promotional information to you;
  • Send you related information, including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages;
  • Communicate with you about promotions, contests, rewards, upcoming events, and other news about products and services offered by Wisageni Studioand our selected partners;
  • Conduct and administer contests promoted by Wisageni Studio;
  • Enable you to communicate with other users; and
  • Link or combine it with other information we get from third parties, to help understand your preferences and provide you with better services.

 


Detailed information on the processing of Personal Data

Personal Data is collected for the following purposes and using the following services:

Advertising

These services allow User Data to be utilized for advertising communication purposes displayed in the form of banners and other advertisements on this Application, possibly based on User interests. This does not mean that all Personal Data are used for this purpose. Information and conditions of use are shown below. Some of the services listed below may use Cookies to identify Users or they may use the behavioral retargeting technique, i.e. displaying ads tailored to the User’s interests and behavior, including those detected outside this Application. For more information, please check the privacy policies of the relevant services.

Analytics

The services contained in this section enable the Owner to monitor and analyze web traffic and can be used to keep track of User behavior.


Vungle Ads

Vungle Ads is an advertising service provided by Vungle, Inc. Personal Data collected: Cookie and Usage data.
Place of processing: USA – Privacy Policy

Unity Ads and Analytics (Unity Technologies ApS)

Unity Ads is an advertising service. Unity Analyticsis a web analysis service. Both are provided by Unity Technologies ApS. Personal Data collected: Cookie and Usage data.
Place of processing: Denmark – Privacy Policy

Firebase Analytics (Alphabet Inc.)

Firebase Analytics is a web analysis service provided by Alphabet Inc. under Google Inc. subsidiary (“Google”). Firebase utilizes the Data collected to track and examine the use of this Application, to prepare reports on its activities and share them with other Firebase services. Personal Data collected: Cookie and Usage data.
Place of processing: USA – Privacy Policy – Terms


Facebook SDK
Within our app, we use the Software Development Kit (SDK) from Facebook. The Facebook SDK is issued and administered by Facebook Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA. By means of this integration, we can link various Facebook services with our app. For example, users can use the Facebook SDK to share contents of our apps on their own Facebook timeline, or to send messages to other Facebook users.
Place of processing: USA
Further information about Facebook SDK within Android can be found here: Facebook SDK – Facebook Privacy

Additional information about Data collection and processing


Legal action

The User's Personal Data may be used for legal purposes by the Data Controller, in Court or in the stages leading to possible legal action arising from improper use of this Application or the related services. The User declares to be aware that the Data Controller may be required to reveal personal data upon request of public authorities.

Additional information about User's Personal Data

In addition to the information contained in this privacy policy, this Application may provide the User with additional and contextual information concerning particular services or the collection and processing of Personal Data upon request.

System Logs and Maintenance

For operation and maintenance purposes, this Application and any third party services may collect files that record interaction with this Application (System Logs) or use for this purpose other Personal Data (such as IP Address).

Information not contained in this policy

More details concerning the collection or processing of Personal Data may be requested from the Data Controller at any time. Please see the contact information at the beginning of this document.

The rights of Users

Users have the right, at any time, to know whether their Personal Data has been stored and can consult the Data Controller to learn about their contents and origin, to verify their accuracy or to ask for them to be supplemented, cancelled, updated or corrected, or for their transformation into anonymous format or to block any data held in violation of the law, as well as to oppose their treatment for any and all legitimate reasons. Requests should be sent to the Data Controller at the contact information set out above. This Application does not support “Do Not Track” requests. To determine whether any of the third party services it uses honor the “Do Not Track” requests, please read their privacy policies.

Changes to this privacy policy

The Data Controller reserves the right to make changes to this privacy policy at any time by giving notice to its Users on this page. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom. If a User objects to any of the changes to the Policy, the User must cease using this Application and can request that the Data Controller removes the Personal Data. Unless stated otherwise, the then-current privacy policy applies to all Personal Data the Data Controller has about Users.

Information about this privacy policy

The Data Controller is responsible for this privacy policy, prepared starting from the modules provided by Wisageni Studio and hosted on Wisageni Studio servers.


Definitions and legal references


Personal Data (or Data)

Any information regarding a natural person, a legal person, an institution or an association, which is, or can be, identified, even indirectly, by reference to any other information, including a personal identification number.

Usage Data

Information collected automatically from this Application (or third party services employed in this Application), which can include: the IP addresses or domain names of the computers utilized by the Users who use this Application, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server's answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User's IT environment.

User

The individual using this Application, which must coincide with or be authorized by the Data Subject, to whom the Personal Data refers.

Data Subject

The legal or natural person to whom the Personal Data refers. Data Processor (or Data Supervisor) The natural person, legal person, public administration or any other body, association or organization authorized by the Data Controller to process the Personal Data in compliance with this privacy policy.

Data Controller (or Owner)

The natural person, legal person, public administration or any other body, association or organization with the right, also jointly with another Data Controller, to make decisions regarding the purposes, and the methods of processing of Personal Data and the means used, including the security measures concerning the operation and use of this Application. The Data Controller, unless otherwise specified, is the Owner of this Application.

This Application

The hardware or software tool by which the Personal Data of the User is collected.

Cookie

Small piece of data stored in the User's device.




Legal information

Notice to European Users: this privacy statement has been prepared in fulfillment of the obligations under Art. 10 of EC Directive n. 95/46/EC, and under the provisions of Directive 2002/58/EC, as revised by Directive 2009/136/EC, on the subject of Cookies. This privacy policy relates solely to this Application.