Birdy Dog Studio, Privacy
Policy, Terms and Conditions
Privacy Policy
Last Updated: May 29,
2018
Welcome! This Privacy
Policy explains how Birdy Dog Studio ("Birdy Dog Studio" or "we")
collects, uses, and shares your personal information while you play Birdy Dog Studio's games ("Games") and/or
use Birdy Dog Studio's websites that link to this
Privacy Policy ("Websites").
We may make changes to
this Privacy Policy from time to time. If we make any material changes to this
Privacy Policy, we will notify you via email if we have your email address on
record, or via a notice on the Websites and/or Games.
1. What kind of personal
information does Birdy Dog Studio collect?
We don’t collect any
kind of your personal information, but we are using third-party services from
Unity (Analytics and Ads mediation) and we have access to common data of it
with the following types of data, which do not identify you personally but may
uniquely identify the device you are using to play to the Games or use the
Websites ("Device").
Does
Birdy Dog Studio Collect
My Financial Information When I Make In-App Purchases?
When you make in-app
purchases in the Games, we do not collect or have any access to your name and
billing information. This information is collected and stored by your platform
(e.g. Apple's Game Store or Android's Google Play) or your platform's payment
processor.
2. Do third parties have
access to my personal information?
Yes. Like most
companies, we use tools from service provider and Ad Partner (Unity) to help us
with various parts of our business ("Service Provider"). We
contractually require Service Provider to treat your personal information as
confidential information and to only use it for the services we need. However,
we do not have direct control over how Service Provider use your personal
information and we cannot guarantee that our Service Provider will use your
personal information as required in our contract with them. For this reason, we
are not responsible for our Service Provider misuse of your personal
information.
3. How long will Birdy Dog Studio keep my personal information?
We don’t collect and
keep your personal information, but we use analytics data from our service
provider (Unity).
4. How is my personal
information used for analytics?
As an online business,
it is important for us to know how users interact with our Games. Our Service
Provider will collect your Location Information, Device Information, and
Advertising IDs so that we can deliver our Game services to our users, measure,
analyze, and improve performance of the Games, and to continually update and
develop our Games. For example, we will use this information to assess the
difficulty level of Games, fix any bugs or errors in the Games, evaluate the
demographic of our users, and to determine whether or not we need to support a
new Device type for the Games.
5. How is my personal
information used for advertising?
Ad
Partner Technologies
To help us keep our
Games running, we show ads in our Games with the help of third-party
advertising partner ("Ad Partner"). We integrate Ad Partner
technologies into our Games which are then used by the Ad Partner to determine
what kind of ads to display to you.
i. Do Ad Partner Collect My Personal
Information?
In
order to show you ads that you might interesting
and/or relevant ("Targeted Ads"), Ad Partner collect and use your
Advertising ID, Location Information, and Device Information. If location
services are enabled in your Device settings, the Ad Partner may additionally
collect your geolocation information. Because these
Ad Partner technologies control what kind of personal information is collected
from your Device and how it is used, we encourage you to review their
respective privacy policy :
https://unity3d.com/legal/privacy-policy
ii. How
to Opt-Out of Receiving Targeted Ads.
If you
do not want to receive Targeted Ads on your mobile Device, your mobile Device
may give you the option to opt-out of receiving Targeted Ads on all apps on
your Device. On your Devices, you may opt-out in options menu by clicking
“Analytics and Ads Personalization” setting button. Please note that if you
opt-out of receiving Targeted Ads, you will still receive contextual ads, which
are non-targeted ads related to the content of the Game you are playing.
6. Children's personal
information.
We do not knowingly
collect children's personal information without parental consent, except as
permitted under applicable laws such as the U.S. Children's Online Privacy
Protection Act (COPPA) and the EU General Data Protection Regulation (GDPR).
For example, Birdy Dog Studio’s Service Provider, and
its Ad Partner may collect personal information strictly to support Birdy Dog Studio's internal operations and/or legitimate
interests, such as analytics and to serve children with contextual ads. If you
are a parent of a child playing the Games, you may review or have your child's
personal information deleted and refuse the further collection of his/her
personal information by turning it of in options menu in games. Please contact
us at birdydogstudio@gmail.com if you believe we are collecting a child's
personal information in violation of COPPA or the GDPR.
7. Third-parties and
their privacy policies.
You can read privacy
policy of our Service Provider and Ad Partner (Unity) at https://unity3d.com/legal/privacy-policy
8. Is my personal
information secure?
The security of your
personal information served by our Service Provider and Ad Partner as we don’t
collect any kind of your personal information. You can also read about it on https://unity3d.com/legal/privacy-policy
9. Push notifications.
We don’t use push
notifications right now but we can turn it on in the future. If it will happen,
we will change Privacy Policy according to it.
10. How
do i access, manage, or update my personal information?
If you are playing our
games and want to access, manage, or update the personal information that our
Service Provider and Ad Partner has collected about you, please go to the
settings menu inside game and click on “Analytics
and Ads Personalization” button.
11. For
users in the european union.
A. Legal Basis for
Processing. Our legal basis for collecting, using, and sharing your
personal information will depend on the purpose for which we use your personal
information. Typically, we will rely on the following legal bases for
processing your personal information: (i) your
consent; (ii) where our processing is in our legitimate interest or in the
legitimate interest of our Ad Partners or Service Providers; or (iii) where our
processing is necessary to perform a contract with you (e.g. to make the Games
accessible to you). If we rely on your consent to process your personal
information, you have the right to withdraw your consent at any time.
B. Transfer of
Personal Information Outside of the EU. Because our Service Providers are
located in countries outside of the European Union, your personal information
may be transferred to other countries that may not offer the same level of data
protection as the laws of your country of residence. We rely on model
contractual clauses and/or the Privacy Shield certification for such transfers.
C. How to File
Complaints. If you believe your rights under the GDPR have been violated,
you may lodge a complaint with the supervisory authority of your country of
residence. For contact information for your supervisory authority, please visit here.
12. Birdy
Dog Studio's contact information.
If you have any
questions about our Privacy Policy or about our use of your personal
information, then you may contact us at:
Email:
birdydogstudio@gmail.com
Terms and Conditions
Last
Modified: MAY 29, 2018
IMPORTANT
- READ CAREFULLY: This Terms of Use ("Terms") is a legal
agreement between you and Birdy Dog Studio and
governs the use by "you" of Birdy Dog
Studio’s website, services, games and applications (collectively, the "Services").
By using the Services you agree to these Terms. If you do not agree to these Terms,
do not purchase or use the Services.
BY
USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE
TO BE BOUND BY ITS TERMS AND CONDITIONS.
PLEASE
REVIEW BIRDY DOG STUDIO’S PRIVACY
POLICY, WHICH IS INCORPORATED INTO THESE TERMS BY REFERENCE
1.
LICENSE AND RESTRICTIONS.
Subject
to these Terms, Birdy Dog Studio grants you a
non-exclusive, limited, revocable, non-transferable license to use the Services
for your personal, non-commercial use. You may not: (a) modify, translate,
reverse-engineer, reverse-compile or decompile, disassemble, create derivative
works of, or use data gathering or extraction tools in connection with the
Services; (b) reproduce, duplicate, copy, sell, resell, or otherwise exploit
the Services, in whole or in part, for any purpose without Birdy
Dog Studio’s express written consent; (c) use any data mining tools or
automation tools such as spiders, crawlers, scripts, bots, or any automated
method of recording information; (d) engage in any conduct in connection with
the Services that may be considered illegal or tortious
including, without limitation, “hacking” the Services, or infringing the
intellectual property or other proprietary rights of Birdy
Dog Studio or third-parties.
Additionally,
where the Services are a downloadable game and/or application (“App”), Birdy Dog Studio grants you a non-exclusive,
non-transferable, revocable, limited license to use the App for your personal,
non-commercial use on authorized devices, unless otherwise specified. The App
may not be copied, resold, or sublicensed. These Terms apply to all versions
and updates to the App, including, without limitation, free and paid versions.
The
App may include measures to control access to the App (including age controls),
prevent unauthorized copies, or otherwise attempt to prevent anyone from
exceeding the limited rights and licenses granted under these Terms. You may
not take any action to circumvent or defeat such security features. If you
disable or otherwise tamper with the technical protection measures, your
license to use the App or other Services shall be considered automatically
revoked.
2.
THIRD-PARTY PRODUCT, SERVICES AND LINKS.
Birdy Dog Studio may offer
third-party products through the Services. You assume all risks and liabilities
associated with the use of any such third-party products. Additionally, your
rights and obligations regarding such products or services will be governed by
the separate terms of use and privacy policies of the applicable third-party
provider.
The
Services may include hyperlinks to other websites over which Birdy Dog Studio has no control. Birdy
Dog Studio is not responsible for the availability of such external sites or
resources and will not be responsible or liable for any content, advertising,
products, or other materials on or available from such third-party websites or
resources.
3.
ACCESS TO THE SERVICES.
By
using the Services, you affirm that you are at least 18 years of age (or have
reached the age of majority if that is not 18 years of age where you live) or
that you have reviewed these Terms with your parent or guardian and he or she
assents to these Terms on your behalf and takes full responsibility for your
compliance with them. If you are under the age of 13, you must have permission
from your parent or guardian in order to use the Services. If you do not have
permission from your parent of guardian, certain features and functionality of
the Services may be disabled. Information regarding use of your personal
information can be found in Birdy Dog Studio’s Privacy Policy or
in the privacy policy specific to the Service you are using.
Birdy Dog Studio reserves
the right to immediately terminate your access to the Services or your Account
if you breach these Terms or otherwise violate any applicable law, rule, or
regulation in your jurisdiction.
By
using the Services and providing us with your contact information, you
explicitly consent to receive communications from us. If you would not like to
receive such communications, please review Birdy Dog
Studio’s Privacy
Policy and opt-out procedures.
4.
IN-GAME VIRTUAL CURRENCY AND VIRTUAL ITEMS.
The
Service may include an opportunity for you to earn, buy or otherwise obtain
in-game currency ("Virtual Currency") to access virtual,
in-game digital goods or items ("Virtual Items"). Methods of
obtaining Virtual Currency are at Birdy Dog Studio’s
sole discretion. Virtual Currency and Virtual Items are not real currency, do
not have monetary value, and may not be redeemed for legal currency, or items
of value outside of the Services.
Virtual
Currency and Virtual Items obtained via the Service are provided to you under a
limited, personal, revocable, non-transferable, non-sublicenseable
license to use within the Service. You have no property interest, right or
title in or to any Virtual Currency or Virtual Items appearing or originating
in the Service, and they may not be transferred or resold in any manner,
including, without limitation, by means of any direct sale or auction service.
You
agree that all sales of Virtual Currency and Virtual Items are final. No
refunds will be given, except in Birdy Dog Studio’s
sole and absolute discretion. Birdy Dog Studio has no
liability for hacking or loss of your Virtual Currency or Virtual Items or any
goods or services obtained via Virtual Currency. Birdy
Dog Studio has no obligation to, and will not, reimburse you for any Virtual
Currency or Virtual Items obtained via Virtual Currency. Birdy
Dog Studio reserves the right, in its sole discretion and without prior
notification, to change or limit the price, availability, or order quantity of
any Virtual Currency or Virtual Items and to refuse to provide you with any
Virtual Currency or Virtual Items.
Virtual
Currency may have an expiration date. If your Virtual Currency or Virtual Items
expire and you still have an active Account, Birdy
Dog Studio may offer conversion of such Virtual Currency into Virtual Items for
you in its sole discretion, however Birdy Dog Studio
is under no obligation to do so. Virtual Currency and Virtual Items may be
forfeited if: (a) your Account or access to the Services is terminated or
suspended for any reason; (b) you breach these Terms; (c) Birdy
Dog Studio discontinues availability of the Service; or (d) you disassociate
from the Service.
5.
TITLE.
Unless
otherwise specified in these Terms, any and all title, ownership, rights, and
intellectual property rights in and to the Services including all content
therein (collectively the “Birdy Dog Studio Content”)
shall remain in Birdy Dog Studio and/or its
suppliers, and are protected by the copyright laws of the United Kingdom, the
United States and other jurisdictions around the world via international
copyright treaties. The names and logos, and other graphics, icons, and service
names associated with the Birdy Dog Studio Content
are trademarks of Birdy Dog Studio or its licensors.
You may not use, copy, transmit, modify, distribute, or create any derivative
works from the Services or the Birdy Dog Studio
Content without prior written consent from Birdy Dog
Studio.
The
Services may allow you to create content (“Your Content”) that
incorporates the Birdy Dog Studio Content, including,
but not limited, to photos incorporating elements or graphics from games,
screenshots or a video of your game play. Birdy Dog
Studio retains all rights, title and interest in and to the Birdy
Dog Studio Content. You retain all rights to Your Content; provided, however,
that Birdy Dog Studio shall have an exclusive,
perpetual, irrevocable, fully transferable and sub-licensable worldwide right
and license to Your Content for any purpose, including, but not limited to, the
rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast,
transmit, or otherwise communicate to the public by any means whether now known
or unknown and distribute Your Content without any further notice or
compensation to you. Except where prohibited by law, you hereby waive any moral
rights of paternity, publication, reputation, or attribution with respect to Birdy Dog Studio's use of Your Content.
6.
DISCLAIMER OF WARRANTY AND LIMIT OF LIABILITY.
BIRDY
DOG STUDIO MAKES NO REPRESENTATION, WARRANTY, AND/OR GUARANTEE OF THE
SUITABILITY OF THE SERVICES FOR YOUR PURPOSES, OR THAT THE USE OF THE SAME WILL
BE SECURE, UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS, OR FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD-PARTY
TECHNOLOGY, HARDWARE, SOFTWARE, SYSTEMS OR DATA.
THE
SERVICES ARE PROVIDED “AS IS" AND ALL CONDITIONS, REPRESENTATIONS AND
WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR
A PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW. FURTHER, BIRDY DOG STUDIO MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THE SAME, OR TO THE INFORMATION, CONTENT, COMMUNICATIONS,
MATERIALS, OR PRODUCTS AND SERVICE CONTAINED THEREIN. YOUR USE OF THE BIRDY DOG
STUDIO SERVICES IS AT YOUR SOLE RISK.
BIRDY
DOG STUDIO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE
OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE AND CONSEQUENTIAL DAMAGES. CERTAIN REGIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS,
EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
RIGHTS.
YOU
FURTHER ACKNOWLEDGE THAT BIRDY DOG STUDIO IS NOT LIABLE, AND YOU AGREE NOT TO
HOLD BIRDY DOG STUDIO LIABLE, FOR THE CONDUCT OF THIRD-PARTIES, INCLUDING OTHER
USERS OF THE SERVICES AND OTHER THIRD-PARTY SITES, AND THAT THE RISK OF USING
OR ACCESSING THE SERVICES, AND OF INJURY FROM THE FOREGOING, RESTS ENTIRELY
WITH YOU.
7.
TERMINATION.
These
Terms will automatically terminate if you fail to comply with any term hereof.
You and Birdy Dog Studio have the right to terminate
or cancel your Account, at any time for any reason and without notice. Upon
termination you shall immediately discontinue use of the Services.
8. NO
ASSIGNMENT.
These
Terms and the licenses granted to you herein are personal to you, and may not
be assigned prior to obtaining Birdy Dog Studio's
express written consent.
9.
INFRINGEMENT NOTIFICATION.
Any
claims related to the Services should be addressed to:
Birdy Dog Studio
Email:
birdydogstudio@gmail.com
10.
FEEDBACK.
Birdy Dog Studio does not
accept unsolicited feedback, suggestions or other information about the
Services or other aspects of its business. If you provide Birdy
Dog Studio with feedback or other ideas, you agree that Birdy
Dog Studio is free to use any feedback provided by you for any purpose (without
compensation to you), including, without limitation, improving its products and
services and creating derivative products.
11.
GENERAL.
These
Terms, along with the Privacy
Policy, and any other privacy policy applicable to the
specific Services you are using, constitute the complete and final agreement
between Birdy Dog Studio and you with respect to your
use of the Services and may not be modified by you except in a writing duly
signed by you and an authorized representative of Birdy
Dog Studio. You agree that your breach of these Terms will cause Birdy Dog Studio immediate and irreparable harm and Birdy Dog Studio will be entitled, notwithstanding the
arbitration clause, to seek injunctive relief without the necessity of posting
bond. Birdy Dog Studio and you are independent
parties and nothing in these Terms creates an employment or agent relationship.
If any provision herein is held to be unenforceable, such provision shall be
reformed in that matter only to the extent necessary to make it enforceable,
and shall not affect the enforceability of the remaining provisions. The
failure of either party to enforce any right or provision in these Terms will
not constitute a waiver of such right or provision.
Birdy Dog Studio may make
changes to the Services, these Terms, or its Privacy Policy from
time to time. Birdy Dog Studio will use reasonable
efforts to provide you with notice of any material changes. All such changes
will become effective immediately upon notice and/or posting. If any of these
changes are deemed invalid, void, or for any reason unenforceable, that change
will be deemed severable and will not affect the validity and enforceability of
any unchanged portions of the Services, these Terms, or the Privacy Policy. Birdy Dog Studio may transfer or assign the Services, these
Terms, or the Privacy
Policy, in whole or in part, to any third-party of Birdy Dog Studio’s choosing. These Terms will inure to the
benefit of and be binding upon Birdy Dog Studio’s
respective successors and assigns.
CONTACT
US. If you have questions regarding these Terms, please contact us at:
Birdy Dog Studio
Attn:
Terms of Use
E-mail: birdydogstudio@gmail.com