Updated on 21.05.2018
Marketing We and our third party partners use information collected about you to send you advertising and marketing communications about other Incredible App games and apps and third party products and advertising. We may serve ads, serve emails, and promote our games and apps on third party websites or apps. You have the possibility to opt-out (see further details below).
Data controller: Incredible App! Srl. Email: email@example.com You can exercise your right to access personal information, request personal information to be erased or to opt out of personalised offers directly from our Games. To do so, email us at firstname.lastname@example.org.
We use advertising to fund our Services and to make our games available for free. We show third party advertising in our games and also advertise our Services via third parties. We wanted to provide you with more detail about how we use information for advertising, both in-game and on other third party properties.
When you view ads on Incredible App apps and games
To enable us to show in-game ads we may send your advertising ID and IP-address to advertisers (or ad networks) to enable them to find appropriate ads to serve to you in our games and on third party properties. You can control and limit our use of your advertising ID in your device settings. Incredible App does not control which specific ads are shown in our games (this is controlled by ad networks) but we do blacklist certain categories of ads.
Advertising IDs are used by the ad networks with for a number of purposes (please refer to the Privacy Notices of our advertising partners listed here "Third Parties") including for example to: (a) limit the number of times you see the same ad; (b) ensure they are dealing with humans with real devices and not 'automated' bots (c) to serve you with advertisements likely to be relevant to you based on your advertising ID engagement with other brands and ads, also recorded using your advertising ID and using your general geographic area. (d) Other brands buy advertisement placement via an ad network or ad exchange to advertise their products in Incredible App Games. The ad network or ad exchange acts as intermediary between the other game companies and Incredible App. In order for an ad network to charge the company buying the ad, clicks from the ad and potentially installs of other developers’ applications party apps are tracked. Views, clicks and installs from ads are measured using Advertiser ID. (e) Ad networks to keep track what games you have used to market you similar kind of games. IP-address is typically used by advertisers to broadly see the general geographic area you are coming from for example country, state, and sometimes at city level). When you view Incredible App ads on third party services
Incredible App also advertises its games on other apps by asking ad networks to serve its to audiences that will be interested in them (determined using Advertising IDs). 3.5 For these purposes the Advertising IDs are used by the ad networks for a number of purposes (please refer to the Privacy Notices of our advertising partners listed "Third Parties") including for example to:
(a) measuring ad effectiveness (looking at aggregated views, clicks and installs it generates through its advertising in other publishers’ games);
(b) informing players that have not been playing for a while about new content in the Game. Incredible App gives a list of these users in form of Advertising IDs to an ad network. Ad network then shows these users ad about the new content.
(c) not showing adverts for a game, a player is already playing, Incredible App can send a list of active players in form of Advertising IDs to an ad network. Ad network then excludes these players from seeing the ad.
(d) Marketing games to a group of potential players. Incredible App provides Facebook a list of Advertising IDs to match these with similar type of Facebook users to whom Incredible App could then market its games. Incredible App does not have information how Facebook identifies or creates profiles of similar type of users.
You can opt out of interest based advertising on mobile applications by changing the privacy settings of your device and selecting "limit ad tracking" (Apple iOS) or "opt out of interest based ads" (Android).
Legal grounds for processing Personal Data
The General Data Protection Regulation (GDPR) lists several legal grounds for the lawful processing of Personal Data, and requires us to only process Personal Data if we satisfy one or more legal grounds.
We rely on a number of different legal grounds for the processing of Personal Data:
The data subject has given consent to the processing of his or her personal data for one or more specific purposes In some cases we process Personal Data after obtaining a User’s or Visitor’s consent to do so for the purposes of:
• sending marketing communications about our products and services;
• sending marketing communications regarding products and services offered by third parties with whom we collaborate;
• conducting market analysis and research.
Processing is necessary for the performance of a contract to which the data subject is party
It is necessary for us to process Personal Data, and information about the business that a User represents, for the performance of the contract between us and Visitor/User, and to provide the Service.
Data processing is necessary to:
• publish a business listing in our directory ;
• publish the reviews and photos that a User asks us to publish ;
• confirm a User’s identity, and verify the information they provide to us;
• provide and improve customer support.
If a Visitor or User chooses not to give some or all the aforementioned information, this may affect our ability to provide our products and services to them.
Processing is necessary for compliance with our legal obligations
Under certain circumstances, we may process Personal Data to comply with our legal obligations, for example to investigate, detect and prevent fraud.
Processing is necessary for the purposes of our legitimate interests
To consider this as lawful basis for processing, a business must have legitimate interests which are not overridden by individuals' interests, rights or freedoms.
Collecting and processing Personal Data is necessary for our legitimate business interests, which are:
• to better understand our Users and Visitors so we can improve our products and services;
• to improve and develop our games and apps to enhance the customer experience;
• to provide important features and functionality on our games and apps, monitor its usage and provide a more personalized experience;
• to provide Visitors and Users with products and services that are as useful as possible, for example to inform them of offers that may be of interest to their business;
• to train our staff so that they can offer the best customer support;
• to respond to any enquiries or complaints, or handle any disputes that might arise while we provide our products and services, in the most effective way;
• to manage our business effectively, to comply with our legal obligations, and to be able to exercise, or defend against, legal claims.
We may process Personal Data based on our legitimate interests except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject.
We have assessed these aspects carefully and, on balance, we believe that our interests described above are balanced with the fundamental interests, rights or freedoms of the data subjects.
Where we think there is a risk that one of the fundamental interests or freedoms of a Visitor or User may be compromised, we will not process their data unless there is another lawful legal basis for doing so (if we have obtained their consent to the processing or to comply with our legal obligations or if processing is necessary for the performance of a contract with them).
Who we share Personal Data with
Except as described in this Policy, we will not intentionally disclose the Personal Data that we collect or store on the Service to third parties without the consent of the applicable Visitor or User. We may disclose information to third parties if a Visitor or User consent to us doing so, as well as in the following circumstances:
Any information that a User voluntarily chooses to include in a Public Area of the Service, such as a public profile page or business listing, will be available to any Visitor or User who has access to that content.
We may provide Personal Data to our service providers, who provide us with certain services and act as "processors" of Personal Data on our behalf. These third parties may have access to, or process Personal Data as part of providing those services for us. We limit the information provided to these service providers to that which is reasonably necessary for them to perform their functions.
We may disclose Personal Data:
• if required to do so by law or in the good faith belief that such action is necessary to comply with applicable laws, in response to a facially valid court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies;
• to protect the security or integrity of the Service;
• to protect our property or other legal rights, enforce our contracts, or protect the rights, property, or safety of others;
• to protect ourselves or others from fraudulent, abusive, or unlawful uses or activity;
• to investigate and defend ourselves against any third-party claims or allegations.
In some cases, the Personal Data we collect for the above purposes may be transferred outside the European Economic Area (EEA), and such destinations may not have laws protecting Personal Data to the same extent as in the European Economic Area. Data protection law requires us to ensure that where we or our "processors" transfer Personal Data outside the European Economic Area, it is processed securely and protected from unauthorized access, loss, destruction, unlawful processing, and any type of processing that is not consistent with the purposes outlined in this Policy.
We will comply with GDPR requirements providing adequate protection for the transfer of personal information outside of the European Economic Area (EEA).
We retain personal information we collect from you where we have an ongoing legitimate business need to do so, for example, to provide you with a Service you have requested or to comply with applicable legal, tax or accounting requirements. We will for example periodically de-identify unused Game accounts and we regularly review and de-identify unnecessary personal information.
When we have no ongoing legitimate business need to process your personal information, we will either erase or de-identify it or, if this is not possible - for example, because your personal information has been stored in backup archives - then we will securely store your personal information and isolate it from any further processing until erasure is possible.
When we collect personal information we do not know the age of our players. If we learn that we has inadvertently gathered personal information from a child under 13 years of age, we will take reasonable measures to promptly erase such personal information from our records.
TERMS OF SERVICE, END USER LICENSE AGREEMENT ("EULA")
The following terms of service and end user license agreement ("EULA") constitute an agreement between you and Incredible App! Srl. This EULA governs your use of Software and Services (as specified below).
For purposes of this EULA "Software" means all software programs distributed, published or otherwise made available by Incredible App! Srl including, but not limited to mobile games, downloadable/installable games for personal computer, and games accessed by means of a browser or other online communication method. Software also includes updates and upgrades as well as accompanying manual(s), packaging and other written, files, electronic or on-line materials or documentation, and any and all copies of such software and its materials.
"Services" means all services made available by Incredible App! Srl, including but not limited to services accessed through mobile games, by means of a browser or by other online communication method.
Software and Services are collectively referred to as "Incredible App! Srl Services".
THE SOFTWARE IS LICENSED, NOT SOLD. YOUR USE OF THE SOFTWARE (AS SPECIFIED BELOW) IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS EULA. BY INSTALLING, USING OR ACCESSING THE Incredible App! Srl SERVICES OR ANY MATERIALS INCLUDED IN OR WITH THE Incredible App! Srl SERVICES, YOU HEREBY ACCEPT THE TERMS OF THIS EULA.
If you do not accept the terms of this EULA, do not install, use or access the Incredible App! Srl Services.
SOFTWARE LICENSE. Subject to this EULA and its terms and conditions, Incredible App! Srl hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the Software for your personal non-commercial use for gameplay on a single computer or gaming unit, unless otherwise specified in the Software documentation. The rights granted herein are subject to your compliance with this EULA. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this EULA is not to be construed as a sale of any rights in the Software.
SERVICE LICENSE. Subject to this EULA and its terms and conditions, Incredible App! Srl hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services as provided by Incredible App! Srl, for your personal non-commercial use, in the manner permitted by this EULA. The rights granted herein are subject to your compliance with this EULA.
LICENSE TERM. The term of your licenses under this EULA shall commence on the date that you accept this EULA and install or otherwise use the Software and/or Services and ends on the earlier date of either your disposal of the Software and/or Services or Incredible App! Srl's termination of this EULA. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the Software and/or Services or you otherwise use the Software and/or Services in breach of the terms of this EULA.
OWNERSHIP; NO OTHER LICENSES. Incredible App! Srl retains all right, title and interest in and to the Incredible App! Srl Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, and moral rights whether registered or not and all applications thereof. The Incredible App! Srl Services are protected by applicable laws and treaties throughout the world. Unless expressly authorized by mandatory legislation, the Incredible App! Srl Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from Incredible App! Srl. All rights not expressly granted to you herein are reserved by Incredible App! Srl.
2 THIRD PARTY SERVICES
Incredible App! Srl Services may include links to third party services and/or the third party services may be made available to you via Incredible App! Srl Services. These services may include, but are not limited to gameplay recording and sharing, social medial connectivity and the like. These services are subject to respective third party terms and conditions. Please study these third party terms and conditions carefully as they constitute an agreement between you and the applicable third party service provider.
3 GENERAL LICENSE CONDITIONS
The Incredible App! Srl Services may require an internet connection to access the Incredible App! Srl Services or its internet-based features, authenticate the Software, or perform other functions. In order for certain features of the Incredible App! Srl Services to operate properly, you may be required to have and maintain (a) an adequate internet connection and/or (b) a valid and active account with an online service as set forth in the documentation related to Incredible App! Srl Services. By using the Incredible App! Srl Services, you acknowledge and agree that third party data transfer fees may apply depending on your data plan. Please consult your carrier for further information. If you do not maintain such accounts, then the Incredible App! Srl Services or certain features of the Incredible App! Srl Services may not operate or may cease to function properly, either in whole or in part.
We use technologies like unique device identifiers to identify your computer or device so we can deliver a better experience. Our systems may log information like your operating system and IP address.
With your permission, we may also access other personal information on your device, such as your phone book, calendar or messages, in order to provide services to you. If authorized by you, we may also access profile and other information from services like Facebook.
Our systems may associate this personal information with your activities in the course of providing service to you (such as pages you view or things you click on or search for).
We do not knowingly contact or collect personal information from children under 13. If you believe we have inadvertently collected such information, please contact us so we can promptly obtain parental consent or remove the information.
To customize our service for you, we and our partners may collect, use, and share precise location data, including the real-time geographic location of your computer or device. This location data is collected anonymously in a form that does not personally identify you and is used only to provide and improve our service. We may obtain your consent on your first use of the service.
We may keep data indefinitely.
We generally do not share personally identifiable information (such as name, address, email or phone) with other companies.
Ad companies may use and collect anonymous data about your interests to customize content and advertising here and in other sites and applications. Interest and location data may be linked to your device, but is not linked to your identity. Click to see company privacy policies and opt-out choices:
Analytics companies may access anonymous data (such as your IP address or device ID) to help us understand how our services are used. They use this data solely on our behalf. They do not share it except in aggregate form; no data is shared as to any individual user. Click to see company privacy policies that govern their use of data.
We take reasonable steps to secure your personally identifiable information against unauthorized access or disclosure. We encrypt transmission of data on pages where you provide payment information. However, no security or encryption method can be guaranteed to protect information from hackers or human error.
Information we collect may be stored or processed on computers located in any country where we do business.
To operate the service, we also may make identifiable and anonymous information available to third parties in these limited circumstances: (1) with your express consent, (2) when we have a good faith belief it is required by law, (3) when we have a good faith belief it is necessary to protect our rights or property, or (4) to any successor or purchaser in a merger, acquisition, liquidation, dissolution or sale of assets. Your consent will not be required for disclosure in these cases, but we will attempt to notify you, to the extent permitted by law to do so.
5 PAYMENTS AND PURCHASES OF VIRTUAL GOODS
Incredible App! Srl may license to you certain virtual goods to be used within Incredible App! Srl Services. Unless otherwise specified, these virtual goods shall be deemed an integral part of the Software. These virtual goods may be licensed both for a fee using "real world money" and without any separate fee, as applicable from time to time. These virtual goods may also be licensed by using third party virtual currency, such as Facebook Credits or by using separate activation codes.
Any and all virtual goods are licensed to you on limited, personal, non-transferable, non-sublicensable and revocable basis and limited only for non-commercial use.
Please note that any payment for licenses for virtual goods or redemption of third party virtual currency is always FINAL AND NON-REFUNDABLE. Incredible App! Srl may manage, regulate, control, modify or eliminate virtual goods at any time, with or without notice. Incredible App! Srl shall have no liability to you or any third party in the event that Incredible App! Srl exercises any such rights.
SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT Incredible App! Srl IS NOT REQUIRED TO PROVIDE A REFUND FOR VIRTUAL GOODS FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL GOODS, WHETHER YOUR LOSS OF LICENSE UNDER THIS EULA WAS VOLUNTARY OR INVOLUNTARY.
Incredible App! Srl SERVICES ARE PROVIDED TO YOU "AS IS," WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. Incredible App! Srl, Incredible App! Srl'S LICENSORS AND CHANNEL PARTNERS DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, ACCURACY OF DATA (INCLUDING BUT NOT LIMITED TO LOCATION DATA), MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. Incredible App! Srl, Incredible App! Srl'S LICENSORS AND CHANNEL PARTNERS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE Incredible App! Srl SERVICES WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE Incredible App! Srl SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE Incredible App! Srl SERVICES WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER Incredible App! Srl SERVICES OR THAT ANY ERRORS IN THE Incredible App! Srl SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY Incredible App! Srl, Incredible App! Srl'S LICENSORS AND CHANNEL PARTNERS OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
7 LIMITATION OF LIABILITY
IN NO EVENT WILL Incredible App! Srl, Incredible App! Srl'S AFFILIATES, Incredible App! Srl'S LICENSORS OR CHANNEL PARTNERS BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS, USE OR MALFUNCTION OF THE Incredible App! Srl SERVICES, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS EULA OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT Incredible App! Srl, Incredible App! Srl'S LICENSORS OR CHANNEL PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR PURPOSES OF THIS SECTION 7, Incredible App! Srl'S LICENSORS AND CHANNEL PARTNERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS EULA AGAINST YOU.
BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THIS LIMITATION OF LIABILITY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS LIMITATION OF LIABILITY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. THIS EULA GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
IN NO EVENT SHALL Incredible App! Srl'S, Incredible App! Srl'S AFFILIATES', Incredible App! Srl'S LICENSORS' OR CHANNEL PARTNERS' LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE Incredible App! Srl SERVICES OR FIVE EUROS (EUR 5), WHICHEVER LESS.
8 OTHER TERMS AND CONDITIONS
TERMINATION: This EULA will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Software and all of its component parts and cease and desist from accessing any Incredible App! Srl Services. With regards to Software delivered on a physical storage medium you can end this EULA by destroying the Software and all copies and reproductions of the Software and deleting and permanently purging the Software from any client server or computer on which it has been installed.
AFFILIATE: For purposes of this EULA, an "affiliate" or Incredible App! Srl means any legal entity that is directly or indirectly controlled by Incredible App! Srl for so long as such control lasts. Control shall exist through direct or indirect ownership of more than 50 % of the nominal value of the issued equity share capital or more than 50 % of the shares entitling the holders to vote for the election of the members of the board of directors or persons performing similar functions.
MISCELLANEOUS: This EULA represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. Incredible App! Srl reserves the right, at its discretion, to change, modify, add or remove portions of this EULA by posting the updated EULA on Incredible App! Srl's website. You will be deemed to have accepted such changes by continuing to use the Incredible App! Srl Services. If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this EULA shall not be affected.
IF YOU HAVE ANY QUESTIONS CONCERNING THIS AGREEMENT, YOU MAY CONTACT support@Incredible App! Srl.com.