Privacy Policy

We at Branching Factor Ltd. ("Branching Factor", "us", "our", or "we") recognize and respect the importance of maintaining the privacy of our users. This Privacy Policy describes the types of information we collect from you when you play mobile games through our mobile applications ("Apps"). This Privacy Policy also explains how we process, transfer, store and disclose the information collected, as well as your ability to control certain uses of the collected information. If not otherwise defined herein, capitalized terms have the meaning given to them in the Terms of Service, available at https://branchingfactor.com/tos ("Terms"). "You" means any individual using the Apps.

If you are an individual located in the European Union ("EU Individual"), some additional terms and rights may apply to you, as detailed herein. Branching Factor is the data controller in respect of the processing activities outlined in this Privacy Policy. Our registered office is 2 Perets Hayout St. Tel Aviv and our registration number is 516171154. There may be additional data controllers, as detailed below.

Maetzler Rechtsanwalts GmbH & Co KG has been designated as our representative in the European Union for data protection matters pursuant to Article 27 of the GDPR. Maetzler Rechtsanwalts GmbH & Co KG' may be contacted only on matters related to the processing of Personal Data. To make such an inquiry, you can email us at contact@branchingfactor.com or use this contact form: https://gdprrep.eu/q/13997198. To make such an inquiry via post, please use the following address: Maetzler Rechtsanwalts GmbH & Co KG Attorneys at Law c/o Branching Factor Ltd. Schellinggasse 3/10, 1010 Vienna, Austria.

"Personal Data" means any information that refers, is related to, or is associated with an identified or identifiable individual or as otherwise may be defined by applicable law. This Privacy Policy details which Personal Data is collected by us in connection with provision of the Apps.

Privacy Policy Key Points 

The key points listed below are presented in further detail throughout this Privacy Policy. You can click on the headers in this section in order to find out more information about any topic. These key points do not substitute the full Privacy Policy.

1. Personal Data We Collect, Uses and Legal Basis. We collect certain Personal Data that you provide to us including contact information, if provided. We also collect certain Personal Data automatically when you use the Apps. We use your Personal Data for various reasons, including to provide you with the Apps, improve our Apps, and serve you with customized ads. These processing activities are based on different legal bases including performance of a contract, our legitimate interests, and if applicable, your consent. We may compile statistical information based on anonymous and aggregated data we collect in order to help us understand customer needs. In addition, we use certain Personal Data for direct marketing purposes.
2. Sharing the Personal Data We Collect. We share the Personal Data we collect with our service providers and subcontractors who assist us in the operation of the Apps and process the information on our behalf and under our instructions, as well as with our business partners and affiliates, who act as independent separate controllers of the data.
3. International Transfer. Some of our service providers and subcontractors who have access to your Personal Data are located in countries other than your own. We will ensure that we have agreements in place with such parties that ensure a similar level of privacy and data protection as set forth in this Privacy Policy.
4. Security. We implement measures aimed at protecting your Personal Data, including physical, electronic, and procedural safeguards (such as secure servers, firewalls, antivirus and SSL encryption), access control, and other internal security policies, however they do not provide absolute information security.
5. Your Rights. Subject to applicable law and in addition to other rights as set forth below, you may have a right to access, update, delete, and/or obtain a copy of the Personal Data we have collected about you. You also may have the right to object at any time to processing your Personal Data for certain purposes, including marketing purposes. You have the right to withdraw your consent to processing, if provided, at any time by contacting us at contact@branchingfactor.com.
6. Data Retention. We retain Personal Data for as long as necessary for the purposes set forth in this Privacy Policy. We consider a number of different factors when determining the appropriate retention periods.
7. Cookies, Web Beacons, and Other Tracking Technologies. We use cookies, web beacons and similar technologies to help personalize your experience by helping save your settings and customizations across visits and providing you targeted content and advertisements. You can adjust your settings to determine which cookies are allowed, though this may affect the Apps.
8. Third-Party Applications and Services. All use of third-party applications or services is at your own risk and subject to such third party's privacy policies.
9. Communications. We may send you messages about us or our Apps. You will have the opportunity to opt-out of receiving certain messages that are not service-related.
10. Children. We do not knowingly collect Personal Data from children under the age of sixteen (16).
11. Changes to the Privacy Policy. We may change this Privacy Policy from time to time and shall notify you of any material changes by indicating on the Apps that the Privacy Policy has been amended and by publishing an updated Privacy Policy on the Apps.
12. Comments and Questions. If you have any comments or questions about this Privacy Policy, or if you wish to exercise your legal rights with respect to your Personal Data, please contact us at contact@branchingfactor.com.

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1. Personal Data We Collect, Uses and Legal Basis. Depending on your usage, we collect different types of data and we and any of our third-party sub-contractors and service providers use the data we collect for different purposes, as specified below. It is your voluntary decision whether to provide us with certain Personal Data, but if you refuse to provide such Personal Data we may not be able to provide you with certain services.

1. Contact Information - When you request information from us, or contact us for any other reason, including via email, we will collect any data you provide, such as your email address and the content of your inquiry.

How we use this data: To respond to your request or inquiry.

Legal Basis: We process this Personal Data based on performance of a contract when we respond to your inquiry. 

2. Automatically Collected Data - When you use the Apps, we automatically collect information about your mobile device, including non-Personal Data such as your operating system, version, device model, device capabilities, and screen resolution, and Personal Data such as IP address, device ID, and IDFA / AAID. For more information about the cookies and similar technologies we use and how to adjust your preferences, please see the section "Cookies, Web Beacons, and Other Tracking Technologies" below.

How we use this data: (1) to review usage and operations, including in an aggregated non-specific analytical manner, develop new products or services and improve current content, products and Apps; (2) to provide you with customized, targeted offers, and advertising related to products and services of third parties, based on your usage history on the Apps, on other third-party sites or apps you may visit and/or use.

Legal Basis: We process this Personal Data for our legitimate interests to develop and improve our products and Apps, review usage, and perform analytics. If you are an EU Individual, we will only use your Personal Data for marketing of third parties' products and services if you have consented to such use. You may withdraw your consent at any time by contacting us at contact@branchingfactor.com. We will process your request as soon as reasonably possible, however it may take a few days for us to update our records before any opt out is effective. Additional information regarding marketing is provided below.

3. Third-Party Login Account Data – If you access the Apps through your Third-Party Login Account, we will have access to certain Personal Data about you through your account as provided by such third-party service, namely, your name, email address, and list of friends.

How we use this data: (1) to provide you with the Apps; and (2) to provide you with promotional materials relating to our Apps. For more information about our direct marketing activities and how you can control your preferences, please see the Direct Marketing section below.

Legal Basis: (1) We process this Personal Data for the purpose of providing the Services to you, which is considered performance of a contract with you. (2) When we process your Personal Data for the purposes of providing you with promotional materials relating to our Apps, such processing is based on our legitimate interests.

Additional Uses.

4. Statistical Information and Analytics. We and/or our service providers use analytics tools, including "Google Analytics" to collect and analyze information about the use of the Apps, such as how often users visit the Apps, what pages they visit when they do so, and what other sites and mobile applications they used prior to visiting the App. By analyzing the information we receive, we may compile statistical information across a variety of platforms and users, which helps us improve our Apps, understand trends and customer needs and consider new products and services, and tailor existing products and services to customer desires. The information we collect is anonymous and aggregated and we will not link it to any Personal Data. We may share such anonymous information with our partners, without restriction, on commercial terms that we can determine in our sole discretion. You can find more information about how Google collects information and how you can control such use at https://policies.google.com/technologies/partner-sites .

5. Direct Marketing. As described above, we may use Personal Data to let you know about products and services of third parties. We may obtain your consent for certain marketing activities. In all cases, we will respect your preferences for how you would like us to manage marketing activity with respect to you. To protect privacy rights and to ensure you have control over how we manage marketing with you:

1. We will take steps to limit direct marketing to a reasonable and proportionate level and provide you with advertisements which we believe may be of interest or relevance to you.

2. You can change the way your device manages tracking technologies, which may be used to deliver online advertising, by following the settings on your device as explained below.

3. To the extent our marketing activities are based upon your consent, you may withdraw this consent at any time.

2. Sharing the Personal Data We Collect. We share your information, including Personal Data, as follows:

6. Service Providers, and Subcontractors. We disclose information, including Personal Data we collect from and/or about you, to our trusted service providers and subcontractors, who have agreed to confidentiality restrictions and who use such information solely on our behalf in order to: (1) help us provide you with the Apps; (2) aid in their understanding of how users are using our Apps; and (3) for the purpose of our direct marketing activities (see above for more details).

Such service providers and subcontractors provide us with IT and system administration services, data backup, security, and storage services, data analysis and help us serve advertisements and provide other marketing services.

7. Data Controllers. When you use our Apps, we also disclose your Personal Data to additional third parties, such as business partners, which act as independent, separate controllers with respect to the collection of your Personal Data. The details and contact information of such controllers are as set forth below.

Unity Technologies SF	dpo@unity3d.com
Google LLC (Admob)	1600 Amphitheatre Parkway, Mountain View, CA 94043 USA For more information see: policies.google.com/technologies/partner-sites
Facebook, Inc.	Privacy Operations, 1601 Willow Road, Menlo Park, CA 94025, USA
ironSource Mobile Ltd.	121 Menachem Begin Rd., Tel Aviv, Israel dpo@ironsrc.com

8. Business Transfers. Your Personal Data may be disclosed as part of, or during negotiations of, any merger, sale of company assets or acquisition (including in cases of liquidation) in such case, your Personal Data shall continue being subject to the provisions of this Privacy Policy.

9. Law Enforcement Related Disclosure. We may share your Personal Data with third parties: (i) if we believe in good faith that disclosure is appropriate to protect our or a third party's rights, property or safety (including the enforcement of the Terms and this Privacy Policy); (ii) when required by law, regulation subpoena, court order or other law enforcement related issues, agencies and/or authorities; or (iii) as is necessary to comply with any legal and/or regulatory obligation.

10. Legal Uses. We may use your Personal Data as required or permitted by any applicable law, for example, to comply with audit and other legal requirements.

        

11. Other Uses or Transfer of Your Personal Data. If you use our Apps with or through a Third-Party Login Account, we may receive information (including Personal Data) about you from those third parties. Please note that when you use third-parties outside of our Apps, their own terms and privacy policies will govern your use of those services.

3. International Transfer. We use subcontractors and service providers who are located in countries other than your own and send them information we receive (including Personal Data). We conduct such international transfers for the purposes described above. We will ensure that these third parties will be subject to written agreements ensuring the same level of privacy and data protection as set forth in this Privacy Policy, including appropriate remedies in the event of the violation of your data protection rights in such third country.

12. Whenever we transfer your Personal Data to third parties based outside of the European Economic Area ("EEA"), we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

4. We will only transfer your Personal Data to countries that have been deemed to provide an adequate level of protection for Personal Data by the European Commission.

5. Where we use certain service providers not located in countries with an adequate level of protection as determined by the European Commission, we may use specific contracts approved by the European Commission which give Personal Data the same protection it has in the EEA.

13. Please contact us at contact@branchingfactor.com if you would like further information on the specific mechanism used by us when transferring your Personal Data out of the EEA.

 

4. Security. We have implemented and maintain appropriate technical and organization security measures, policies and procedures designed to reduce the risk of accidental destruction or loss, or the unauthorized disclosure or access to Personal Data appropriate to the nature of such data. The measures we take include:

14. Safeguards – The physical, electronic, and procedural safeguards we employ to protect your Personal Data include secure servers, firewalls, antivirus, and SSL (TLS) encryption of data.

15. Personnel – We require new employees to sign non-disclosure agreements according to applicable law and industry customary practice.

16. Encryption – We encrypt the data in transit using secure HTTPS (HTTP over TLS) protocols.

17. Database Backup – Our databases are backed up on a periodic basis for certain data and are verified regularly. Backups are encrypted and stored within the production environment to preserve their confidentiality and integrity, are tested regularly to ensure availability, and are accessible only by authorized personnel.

However, no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

As the security of information depends in part on the security of the computer you use to communicate with us and the security you use to protect user IDs and passwords, please take appropriate measures to protect this information.

5. Your Rights - How to Access and Limit Our Use of Certain Personal Data. Subject to applicable law and certain exemptions, and in some cases dependent upon the processing activity we are undertaking, you have certain rights in relation to the Personal Data that we or other controllers hold about you, as detailed below. For any requests to exercise such rights with respect to information held by other controllers, please contact the applicable controller directly. If you wish for us to notify all independent controllers, please specify that request when you contact us in order to exercise any of your rights. We will investigate and attempt to resolve complaints and disputes and make every reasonable effort to honour your wish to exercise your rights as quickly as possible and, in any event, within the timescales provided by applicable data protection laws. We reserve the right to ask for reasonable evidence to verify your identity before we provide you with any information and/or comply with any of your requests, as detailed below:

18. Right of Access. You have a right to know what Personal Data we collect about you and, in some cases, to have such Personal Data communicated to you. Subject to applicable law, we may charge you with a fee. Please note that we may not be able to provide you with all the information you request, and, in such case, we will endeavor to explain to you why.

19. Right to Data Portability. If the processing is based on your consent or performance of a contract with you and processing is being carried out by automated means, you may be entitled to (request that we) provide you or another party with a copy of the Personal Data you provided to us in a structured, commonly-used, and machine-readable format.

20. Right to Correct Personal Data. Subject to the limitations in applicable law, you may request that we update, complete, correct or delete inaccurate, incomplete, or outdated Personal Data.

21. Deletion of Personal Data ("Right to Be Forgotten"). If you are an EU Individual, you have a right to request that we delete your Personal Data if either: (i) it is no longer needed for the purpose for which it was collected, (ii) our processing was based on your consent and you have withdrawn your consent, (iii) you have successfully exercised your Right to Object (see below), (iv) processing was unlawful, or (iv) we are required to erase it for compliance with a legal obligation. We cannot restore information once it has been deleted. Please note that to ensure that we do not collect any further Personal Data, you should also delete our App from your mobile devices and clear our cookies from any device where you have used our Apps. We may retain certain Personal Data (including following your request to delete) for audit and record-keeping purposes, or as otherwise permitted and/or required under applicable law.

22. Right to Restrict Processing. If you are an EU Individual, you can ask us to limit the processing of your Personal Data if either: (i) you have contested its accuracy and wish us to limit processing until this is verified; (ii) the processing is unlawful, but you do not wish us to erase the Personal Data; (iii) it is no longer needed for the purposes for which it was collected, but we still need it to establish, exercise, or defend of a legal claim; (iv) you have exercised your Right to Object (below) and we are in the process of verifying our legitimate grounds for processing. We may continue to use your Personal Data after a restriction request under certain circumstances.

23. Right to Object. If you are an EU Individual, you can object to any processing of your Personal Data which has our legitimate interests as its legal basis, if you believe your fundamental rights and freedoms outweigh our legitimate interests. If you raise an objection, we have an opportunity to demonstrate that we have compelling legitimate interests which override your rights and freedoms.

24. Withdrawal of Consent. You may withdraw your consent in connection with any processing of your Personal Data based on a previously granted consent. This will not affect the lawfulness of any processing prior to such withdrawal.

25. Right to Lodge a Complaint with Your Local Supervisory Authority. If you are an EU Individual, you may have the right to submit a complaint to the relevant supervisory data protection authority if you have any concerns about how we are processing your Personal Data, though we ask that as a courtesy you please attempt to resolve any issues with us first.

6. Data Retention. 

26. Subject to applicable law, we retain Personal Data as necessary for the purposes set forth above. We may delete information from our systems without notice to you once we deem it is no longer necessary for these purposes. Retention by any of our processors may vary in accordance with the processor's retention policy.

27. In some circumstances, we may store your Personal Data for longer periods of time, for instance where we are required to do so in accordance with legal, regulatory, tax, audit, accounting requirements and so that we have an accurate record of your dealings with us in the event of any complaints or challenges, or if we reasonably believe there is a prospect of litigation relating to your Personal Data or dealings. To determine the appropriate retention period, we consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we process your Personal Data, and whether those purposes can be achieved through other means, as well as applicable legal requirements.

28. Please contact us at contact@branchingfactor.com if you would like details regarding the retention periods for different types of your Personal Data.

7. Cookies, Web Beacons, and Other Tracking Technologies.

29. We use certain tracking technologies, such as cookies and/or web beacons, that store data in your device or that collect information or help us identify you as described below. We refer to these technologies generally as "cookies", though we may be using a number of different types of technologies, such as web beacons pixel tags, or clear GIFs. We use these technologies for a number of reasons, including to help personalize your experience and to personalize the ads we serve you. Third parties through which we provide the Apps may be using cookies or similar technologies to collect information in the course of advertising being served on different websites.

30. How We Use Cookies. We use cookies and similar technologies for a number of reasons, as specified below. The specific names and types of the cookies, web beacons, and technologies we use may change from time to time. However, the cookies we use generally fall into one of the following categories:

Type of Cookie	Why We Use These Cookies
Necessary	These cookies are necessary in order to allow the Apps to work correctly. They enable you to access the App, move around, and access different services, features, and tools. These cookies cannot be disabled.
Functionality	These cookies remember your settings and preferences and the choices you make (such as language or regional preferences) in order to help us personalize your experience and offer you enhanced functionality and content.
Security	These cookies can help us identify and prevent security risks. They may be used to store your session information to prevent others from changing your password without your login information.
Performance	These cookies can help us collect information to help us understand how you use our Apps, for example whether you have viewed messages or specific pages and how long you spent on each page. This helps us improve the performance of our Apps.
Analytics	These cookies collect information regarding your activity on our Apps to help us learn more about which features are popular with our users and how our Apps can be improved.
Advertising	These cookies are placed in order to deliver content, including ads relevant and meaningful to you and your interests. They may also be used to deliver targeted advertising or to limit the number of times you see an advertisement. This can help us track how efficient advertising campaigns are for the third parties on whose behalf we serve ads. Such cookies may track your browsing habits and activity when visiting our Apps and those of third-parties.

31. Third Party Cookies: 

• Unity Technologies
• Google
• Facebook
• Firebase
• Kochava
• AppsFlyer
• IronSource – more information about IronSource's collection of data can be found in IronSource's privacy policy.

32. How to Adjust Your Preferences. By changing your device settings, you can prevent your device's ad identifier being used for interest-based advertising, or you can reset your device's ad identifier. Typically, you can find the ad identifier settings under "privacy" or "ads" in your device's settings, although settings may vary from device to device. Adjusting your preferences as described in this section herein does not mean you will no longer receive advertisements, it only means the advertisements that you do see will be less relevant to your interests.

8. Third-Party Applications and Services. All use of third-party applications or services is at your own risk and subject to such third party's terms and privacy policies.

 

9. Communications. We reserve the right to send you service-related communications, including service announcements and administrative messages, without offering you the opportunity to opt out of receiving them. Should you not wish to receive such communications, you may delete the App.

10. Children. We do not target children or knowingly collect Personal Data from children without parental consent as required under applicable law. In the event that you become aware that a child has been using our Apps without parental permission, please advise us immediately.

 

11. Changes to the Privacy Policy. We may update this Privacy Policy from time to time to keep it up to date with legal requirements and the way we operate our business, and we will place any updates on this page. Please come back to this page every now and then to make sure you are familiar with the latest version. If we make material changes to this Privacy Policy, we will seek to inform you by notice on our Apps. When required under applicable law, we will obtain your consent for amendments to these Terms.

12. Comments and Questions. If you have any comments or questions about this Privacy Policy or if you wish to exercise any of your legal rights as set out herein, please contact us at contact@branchingfactor.com.

Last updated: October 2020