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PRIVACY POLICY FOR OUR SERVICES

OVERVIEW:

This overview provides a short explanation of the Privacy Policy connected to using our Services. This Privacy Policy relates to Developers, Community Account users and anyone else who visits our Website or uses our Services. To develop games using Defold and to use our Website and Services you are required to read, understand and agree to the full Privacy Policy below.

We save information relating to your user account - To provide our Services and communicate with you, we need to store and process information about you.

We might gather crash-logs to help fix problems - We may gather anonymous data about crashes and problems in the Defold Editor to identify bugs and issues.

We might change things – This Policy is subject to change at times. We will try to let you know of any significant changes that are made.

Defined Terms

  • “Community Forum” means the interactive community forum where we and other Community Account holders provide notifications, updates, guidance and advice on all things related to the Defold Software and Website. You can access and interact with this forum once you have a Community Account.

  • “Community Account” means the account required in order to access and use the Community Forum.

  • “Services” means all the services and tools which we make available to you.

  • “Website” means our website at www.defold.se

1. Introduction

Stiftelsen Defold Foundation is the entity within our group with responsibility for the data which is collected, processed and stored in connection with a Developer’s use, and the use by others, of the Services. In this document we refer to Stiftelsen Defold Foundation as “the Defold Foundation” “us”, “we” or “ our” and we refer to you as “you” or “your” (defined below).

This document, the “Services Privacy Policy”, explains how we collect, process, store, share and potentially transfer any data about you when you act as a developer of a game using Defold, as a Community Account holder or if you visit our Website or otherwise use our Services.

By accessing and/or using our Services you consent to us collecting, processing, storing and sharing your data in the ways set out in this Services Privacy Policy. If you have any concerns about providing data to us or having it used in any manner permitted in this Services Privacy Policy, you may refer to the “Your rights in relation to your information” section in this Services Privacy Policy or discontinue using our Services or develop Games using Defold.

Capitalised terms which are not defined in this Services Privacy Policy have the same meaning as set out in the Defold Terms of Service, which you can access here.

This Services Privacy Policy was last updated on: November 15 - 2020.

2. About Us

For information collected under this Privacy Policy, Stiftelsen Defold Foundation is the data controller. Stiftelsen Defold Foundation is a foundation incorporated and registered in Sweden with company number 802481-5162 whose registered office is at PO Box 6034, 129 06, Hägersten, Sweden.

3. Data We Collect on Developers

We may collect, use, share and process data about you when you use our Website or our Services.

When you use or visit our Services we may collect and process the following data:

  • data via cookies, as explained further below;
  • data you provide when you fill in forms when using our Services, or when creating an account with us, such as your name, email address and password;
  • information associated with your Google, Twitter or GitHub account which is passed to us when you create an account with us (including your name, user name and email address);
  • details about your use of our Services and the resources that you use to access our Services (for example, information about how and when you visit our Website, how many times you opened our emails or what device you use);
  • data contained in any correspondence that you send to us or we send to you, including when you communicate with us or others via our forum or contact us via info@defold.se; and
  • data in connection with any Content you post or make available via the Website or any of our Services, such as the support forum.

When using the Community Forum, please be aware that in addition to your user name, any questions, answers, comments or submissions that you post will be publicly available and any data you provide can be read and/or used by other users. You should therefore only share content that you are comfortable sharing publicly.

4. Cookies & Analytics

We use cookies and other similar technologies on our Website, in our Services and the Defold Editor. These technologies operate either by: (i) placing a small file which stores information on your computer or mobile device; or (ii) by accessing information on your device.

We use cookies and similar technologies:

  • to allow us to recognise your device, for example by identifying the IP address;
  • to obtain data about how our Website and Services are used, using both our own analytics tools and third party analytics tools such as Google Analytics. Please visit http://www.google.com/policies/privacy/partners/ for more information, including how you may prevent your data from being used by Google Analytics;
  • to collect data such as: your device model, operating system and screen size, and information about how you use the Services;
  • to provide you with more customized Services, for example to provide our Services in the correct language; and
  • to obtain data which will allow us to understand how people are using our Services so that we can improve them.

By accessing our Website or using our Services you consent to our use of cookies in accordance with this Services Privacy Policy. You can disable cookies through your web or phone browser settings but you may find you are not able to enjoy all the features of our Services if you do so.

5. Other Information

We may obtain additional data about you from third parties such as marketers, partners, researchers, and others who have the right to supply it to us. We may combine information that we collect from you with information about you that we obtain from such third parties and information derived from any other subscription, product, or service we provide.

6. How will we use data?

We (or a supplier or affiliated company acting on our behalf and only under our instructions) may use your data for the following purposes:

  • contacting you, for example as part of customer service or to send updates about our Services;
  • managing your account and relationship with us and improving your experience when using our Services;
  • improving our Services, for example by helping us fix bugs or providing Service updates;
  • research, surveying, and engaging with you, for example by sending communications (including by email) for these purposes;
  • marketing and promotion of our Services or related products, for example sending communications (including by email) for these purposes on our, or a third party’s behalf. If you do not want us to use your data in this way please let us know by contacting us at: info@defold.se;
  • to create reports, analysis or similar services for use by us for the purposes of research or business intelligence, for example to track potential problems or trends with our Services;
  • preventing cheating, crime or fraud. We may also need to pass your information to fraud prevention agencies and other organisations involved in crime and fraud prevention; and
  • as otherwise expressly set out in this Services Privacy Policy or as required by law.

Legal Basis

In each case where we process your information, we do so lawfully in accordance with one of the legal basis set out under European data protection law. The legal bases which we rely upon are the following:

  • Contractual Necessity. This covers data used by us in order to provide you with Services that you have requested - and that we have agreed - to provide to you, such as the Defold Software, the Website and/or Services;
  • Legal Obligation. This covers data used by us to comply with a legal obligation, such as the prevention of crime or fraud;
  • Legitimate Interests. This covers data used by us for purposes that are not harmful to your privacy and can be reasonably expected within the context of your use of our Services, such as analytics and research, marketing and promotion and optimisation of our Services; and
  • Consent. Where we ask for your consent to use your data for a particular purpose, we will make this clear at the point of collection and we will also make clear how you can withdraw your consent.

7. Will we share your data with third parties?

We will only share your data with third parties:

  • with your consent (including as set out in this Services Privacy Policy);
  • as is reasonably necessary in order to provide the Services to you (for example, by providing information about you to suppliers we may use to fulfil the Services or to communicate with you);
  • where your data is on an anonymous and aggregated basis, meaning an individual user could not be personally identified from it;
  • when you interact with our social media channels (for example, by providing a testimonial about one of our Services) we may publish the information submitted, alongside your name and home country on our websites and social media channels;
  • as we reasonably believe is permitted by law or regulation;
  • in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions and/or any other agreement with you; or to protect the rights, property, or safety of the Defold Foundation, our users, or others; or
  • in the event that there is a sale of the assets of our foundation or corporate restructuring, or as a result of a change of control of our foundation or in preparation of any of these events. Any third party to which we transfer or sell our assets will have the right to continue to use the personal and other information you provide to us in the manner set out in this Services Privacy Policy. We will not sell or rent your information to any third party outside of these circumstances.

We may also share your information with our service providers if necessary to enable them to provide services to us.

8. Interaction with third party social networks or platforms

When you bundle your Game you may allow it to interact with a third party social network or platform provider, such as Facebook or Google. These applications or websites are created and maintained by a third party that is not a part of, or controlled by the Defold Foundation. You should ensure that you read their terms of service and privacy policies to understand how they treat your data and your Players’ data.

You understand that we will not have access to any data you or your Players choose to share with such third party social network or platform provider.

9. For how long will we retain your information?

We will retain information collected about you for as long as is necessary to fulfil the purposes for which it was collected or as needed to provide you with Services. We may retain this information after you have closed any account you have with us or after we have ceased providing Services to you if retention of your information is reasonably necessary to comply with our legal obligations, meet regulatory requirements, resolve disputes between members, prevent fraud, cheating or abuse, or enforce this Services Privacy Policy or any other agreement we may have with a user.

10. Will we transfer your information overseas?

Information may be transferred to, and stored at, a jurisdiction/country outside the European Economic Area (“EEA”), which may not have the same level of privacy protection. It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. We will take all steps reasonably necessary to ensure that your information is treated securely and in accordance with this Services Privacy Policy.

11. How do we protect your information?

The security of your information is important to us. We maintain appropriate technical and physical safeguards to protect your information against accidental or unlawful destruction or loss, alteration, unauthorised disclosure or access, use and all other unlawful forms of processing of the data in our possession. We cannot guarantee that information you transmit or store via your use of the Website or our Services will not be accessed, disclosed, altered or destroyed by breach of any of our safeguards. We will not be held liable for any incorrect or unauthorized use of the information you have provided to us.

12. Links from our Services

We may provide links to third party websites from our Services. You understand that when you click on these links any data which you provide thereafter is subject to such third party’s privacy policy and not to ours. Although we will endeavour only to link to reputable websites, we take no responsibility for the content, safety or security of any third party website.

13. Your rights in relation to your information

You have certain rights in connection with your personal information and how we handle it. You can exercise these rights at any time by contacting us via any of the methods set out in the How to Contact Us section below.

Those rights include:

  • Right of access. You have a right to know what information we hold about you and in some cases to have the information communicated to you. If you wish to exercise this right please contact us letting us know that you wish to exercise your right of access and what information in particular you would like to receive. We reserve the right to ask for reasonable evidence to verify your identity before we provide you with any information. Please note that we may not be able to provide all the information you ask for, for instance if the information includes personal information about another person. Where we are not able to provide you with information that you have asked for, we will endeavour to tell you why. We will try to respond to any request for a right of access as soon as possible, but we will always do so within 1 month of receipt of your request and verification of your identity.
  • Right to correct personal information. We try to keep the information that we hold about you accurate and up to date. Should you realise that any of the information that we hold about you is incorrect, please let us know by contacting us via any of the methods set out in the How to Contact Us section below and we will correct it as soon as we can. We will not be held liable for any incorrect information provided by you.
  • Data deletion. In some circumstances you have a right to have some of the personal information that we hold about you deleted. Should you wish to have any information about you deleted, please log in to your Defold Community Account, and proceed to delete your account under your user settings. Where we delete personal information about you, we may still retain some or all of that information for other purposes such as maintaining financial records, protecting or enforcing legal rights, maintaining marketing suppression lists or for technical reasons such as maintaining technical security or our database integrity. We may also retain your information in an anonymised form. Please note that where any third party copies information which you have made available via the use of our Services, we may not be able to amend or delete it because it may not be in our control. We will not be held liable for any third party use of the information you have provided.
  • Data portability. In some circumstances, you may have the right to request that data which you have provided to us is provided to you, so you can transfer this to another data controller.
  • Restriction of processing. In some cases, you may have the right to request a restriction of the processing of your personal data, such as when you are disputing the accuracy of your data held by us.
  • Right to object. You have the right to object to the processing of personal data about you which is processed on the grounds of legitimate interests (see Legal Bases above).
  • Direct marketing opt out. If you have elected to receive direct marketing communications from us, you can change your mind at any time by following the opt out link in any marketing communication that is sent to you. It may take a few days for us to update our records before any opt out is effective.

14. How to contact us

If you have any questions or concerns about any of the matters in relation to this Privacy Policy, including to exercise any of your rights, you may contact us by email at support@defold.se.

15. Complaints

We hope that you won’t have any complaints about us or our Services. If you are unhappy with our use of your information then please contact our customer services department by emailing support@defold.se.

You also have the right to complain to your local data protection authority if there is a problem.

16. Legal matters

If any court or other competent authority finds any of the terms of this Services Privacy Policy to be invalid or unenforceable, the other terms of this Services Privacy Policy will not be affected.

This Services Privacy Policy is governed by and interpreted in accordance with the laws of Sweden. Any dispute arising in connection with this Services Privacy Policy will be subject to the exclusive jurisdiction of the courts of Sweden unless you choose the courts of your home country.

We are constantly innovating and looking for new ways to improve our Services and our games. We may therefore amend this Services Privacy Policy from time to time to reflect such improvements or any other changes to our business. We will endeavour to tell you about any significant changes to this Services Privacy Policy which we feel may disadvantage you in any material way. If you object to any of the changes you should immediately stop using our Services and close any account you may have with us.