BROKEN RULES INTERACTIVE MEDIA GMBH’s PRIVACY AND DATA POLICY

Last update: 20 October 2021

1. GENERAL
• 1.1 We, Broken Rules Interactive Media GmbH (briefly “BR” or “we”/”us”), are a limited liability company having its corporate seat at Museumsplatz 1/1/2, 1070 Vienna, Austria, Europe. We are registered in the Vienna Commercial Court’s company register under company number FN 328777x. Our email address is hello@brokenrul.es.
• 1.2 We take your personal data very seriously and are vigilant with regard to its protection. With this Privacy and Data Policy (briefly “Policy”), we would therefore like to inform you of the purposes for which and how we collect and process your data (including your personal data), when you use our game “Gibbon: Beyond the Trees” (briefly “Game”), which is available on Apple Arcade. Hence, this Policy applies and has effect in respect of this Game. Equally, we would like to inform you about any third parties who may receive your data any why.
• 1.3 The Game collects and processes data from individuals under the age of fourteen in the same way as for other users as described in this Policy for enabling us to fulfil our contractual obligations arising from you playing the Game (for details on that legal foundation, please see Article 6 (1) lit b GDPR) and to fulfil our legal and professional obligations (for details on that legal foundation, please see Article 6 (1) lit c GDPR; also see below item 2.1.2 in this respect). If you wish data of individuals under the age of fourteen to be deleted, please contact us at our contact information as set-out in item 1.1, above.
• 1.4 Should you have any questions or comments about this Policy, or should you wish to exercise your rights as a so-called “data subject” (for details on those rights, please see item 5., below), please contact us at our contact information as set-out in item 1.1, above.
• 1.5 We may make changes to this Policy from time to time in the future, which will be made available here. We encourage you to check here for any such changes from time to time, so you remain fully informed about BR’s data collection, processing and storing activities pertaining to the Game. Where appropriate, we may also notify you of such changes through the Game.
2. OUR DATA PROCESSING ACTIVITIES REGARDING THE GAME
• 2.1 Game Progress, Achievements and Savegames
• 2.1.1 The Game collects information about your progress in the Game, that is which level you have reached and thus also which level(s) you have already completed, which achievements (also known as trophies) you have already obtained in the Game, and the game also automatically or upon your request saves your progress in the game to savegames (alltogether briefly “Game Progress”).
• If you do not provide Game Progress data, you may still play the Game, but you will not be able to save your progress and/or to obtain achievements in the Game.
• 2.1.2 The purpose of the collection of the Game Progress is to enable us to fulfil our contractual obligations arising from you playing the Game (for details on that legal foundation, please see Article 6 (1) lit b GDPR) and to fulfil our legal and professional obligations (for details on that legal foundation, please see Article 6 (1) lit c GDPR).
• 2.1.3 The Game Progress is stored on services provided by Apple, namely on Apple’s iCloud for savegames and on Apple’s Game Center for achievements. As we neither store your personal data nor any Game Progress data nor savegames on our servers, Apple’s privacy policies for iCloud and Game Center apply. You may decline to store data in Apple’s iCloud or to send data to Apple’s Game Center. To turn off Apple’s iCloud data storage, you must turn off iCloud in Apple Settings for our game. As a result, you will only be able to play in offline mode without any possible online multiplayer features and you will not be able to load your savegames on another device whilst you may still begin a new game on another device and save your game locally on your device(s). To stop sending data to Apple’s Game Center, you must sign out of Apple’s Game Center in Apple Settings. As a result, you will not be able to obtain any achievements in the game or get an entry in Apple’s Game Center leader boards.
• 2.1.4 To learn how Apple’s iCloud and Apple’s Game Center process your personal data, please see Apple’s iCloud’s and Apple’s Game Center’s privacy policies that you can access via the hyperlinks below:
1. Apple’s iCloud’s privacy policy is available here: https://www.apple.com/legal/privacy; and
2. Apple’s Game Center’s privacy policy is available here: https://www.apple.com/legal/privacy/data/en/game-center/".
• 2.1.5 Except for the above Game Progress, the Game does not collect any further data from you and your device(s) on which you play the Game.
• 2.2 OUR DATA PROCESSING ACTIVITIES REGARDING YOUR POSSIBLE INQUIRIES AND REQUESTS
• 2.2.1 If you make an inquiry with us or request something from us (for example via e-mail, mail, fax or telephone), we process the contact data you have provided to us within your inquiry/request, such as your academic title, your name and surname as well as your contact details, such as your e-mail address, telephone number, postal address and/or fax number, for the purpose of answering your inquiry or responding to your request (for details on that legal foundation, please see Article 6 (1) lit b) GDPR). The same applies if you report a bug in the Game to us within a corresponding inquiry or request of yours.
• 2.2.2 If you do not provide us with at least one of your contact details, such as your e-mail address, telephone number, postal address or fax number, we unfortunately cannot answer your inquiry or respond to your request.
• 2.2.3 In order to be able to fulfil the abovementioned purposes, we work together with service providers (briefly “Processors“), who process your personal data on our behalf and for our purposes, but not for their own purposes. The current processor(s) is/are:

Processor	Home State	Basis for sharing data in Non-EU-Countries
Host Europe GmbH Hansestrasse 111 51149 Köln: Email service for communication between the user and BR.	Germany	n/a
Google Ireland Limited Gordon House Barrow Street Dublin 4 Ireland: Email service for communication between the user and BR.	Ireland	n/a
Google LLC 1600 Amphitheatre Parkway CA 94043 USA	USA	EU Standard Contractual Clauses https://cloud.google.com/security/compliance/eu-mcc
Mailchimp The Rocket Science Group, LLC 675 Ponce de Leon Ave NE Suite 5000 Atlanta, GA 30308 USA: Email service for dispatching BR’s newsletter in case user has actively subscribed to BR’s newsletter.	USA	EU Standard Contractual Clauses (https://mailchimp.com/legal/data-processing-addendum/)

3. DATA SHARING
• 3.1 We generally do not share any of your personal data with third parties outside of BR. With regard to the service providers, which we use for handling email communication with you and for dispatching our newsletter to you in case you have actively subscribed to our newsletter, please see item 2.2.3, above.
• 3.2 With regard to your Game Progress data, which is stored on Apple’s iCloud for savegames and on Apple’s Game Center for achievements, please see items 2.1.3 and 2.1.4, above.
4. RETENTION PERIODS
• 4.1 We generally do not retain personal data for longer than it is necessary for the fulfilment of the respective purpose for which your personal data was collected. Unless otherwise required by law, we retain your personal data for a maximum of one-hundred-eighty days following the relevant matter having been addressed and/or following inactivity, whatever occurs earlier.
• 4.2 For the assertion or defence of legal claims as well as in light of § 1489 of the Austrian Civil Code, we, in particular cases, may store communications regarding bugs and/or other errors in the Game for up to thirty years after the relevant matter has been addressed.
5. YOUR RIGHTS AS A “DATA SUBJECT“
• 5.1 As a person concerned under data protection laws (briefly “Data Subject“), we would like to inform you of the following rights you generally have vis-à-vis BR as the so-called “controller”:
1. Right to Information (for details, please see Article 15 GDPR): Every data subject has the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data (copy of the personal data which are the subject of the processing) and the following information: (a) the purposes of the processing; (b) the categories of personal data concerned; (c) the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations; (d) where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period; (e) the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing; (f) the right to lodge a complaint with a supervisory authority; (g) where the personal data are not collected from the data subject, any available information as to their source;(h) the existence of automated decision-making, including profiling. The controller shall provide a copy of the personal data undergoing processing. For all further copies which the data subject requests, the controller may request a reasonable fee on the basis of administrative costs. Where the data subject makes the request by electronic means, and unless otherwise requested by the data subject, the information shall be provided in a commonly used electronic form;
2. Right to Rectification and Erasure, for details, please see Article 16 GDPR: The data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement. The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies: (a) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; (b) the data subject withdraws consent on which the processing is based, and where there is no other legal ground for the processing; (c) the data subject objects to the processing (see below); (d) the personal data have been unlawfully processed; (e) the personal data have to be erased for compliance with a legal obligation in the EU or member state law to which the controller is subject;(f) the personal data have been collected in relation to the offer of information society services (consent of a child).The right to erasure does not apply to the extent that processing is necessary for compliance with a legal obligation of the controller, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller, and/or for the establishment, exercise or defence of legal claims.
3. Right to Restriction of Processing, for details, please see Article 18 GDPR: The data subject has the right to obtain from the controller restriction of processing where one of the following applies: (a) the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data; (b) the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead; (c) the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims; or (d) the data subject has objected to processing pending the verification whether the legitimate grounds of the controller override those of the data subject. Where processing has been restricted, such personal data shall, with the exception of storage, only be processed with the data subject’s consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State. A data subject who has obtained restriction of processing shall be informed by the controller before the restriction of processing is lifted.
4. Right to Data Portability, for details, please see Article 20 GDPR: Insofar as the processing is based on consent or a contract and the processing is carried out by automated means, the data subject has the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format. In exercising his or her right to data portability pursuant to paragraph 1, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible.
5. Right to Object, for details, please see Article 21 GDPR: The data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller or the purposes of the legitimate interests pursued by the controller or by a third party. The controller shall then no longer process the personal data, except where he prove compelling legitimate grounds for the processing, which override the interests or fundamental rights and freedoms of the data subject, or the processing serves the establishment, exercise or defence of legal claims. Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. If the data subject objects to the processing for the purposes of direct marketing, the personal data shall no longer be processed for this purpose.
6. Right to File a Complaint with a Supervisory Authority: Every data subject has the right to file a complaint with a supervisory authority without prejudice to other administrative or judicial legal remedies, in particular in the EU Member State of their residence, their workplace or the place the alleged offense occurred, if the data subject is of the view that the processing of personal data concerning him or her breaches these legal provisions. The contact information of the Austrian Data Protection Authority can be found here: https://www.dsb.gv.at/.
• 5.2 We at BR are available for any further questions regarding privacy matters and this Policy. Please contact us at our contact information as set-out in item 1.1, above.