ABOUT THIS POLICY Counterspell AB, a Swedish corporation, with registered and business office at Vallagränd 12 13639 Handen, Sweden, and its affiliates (referred to as “Counterspell Studios”, “Counterspell”, “us”, “our” or “we”) are dedicated to protecting the privacy rights of our users (referred to as “user(s)” or “you”). For this reason, we are committed to protecting your personal data and using it only as appropriate to provide you with the best possible experience with all Counterspell games, the website counterspellstudios.com, the merchandise shop, the forum, user support and all other channels for feedback and news (collectively referred to as “services”). This Privacy Policy describes what and why we collect and use your personal data that either you provide or we collect when you use our services. Please note that your access and/or playing our games implies your acceptance of this Privacy Policy as well as our Terms of Service. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY PLEASE DO NOT ACCESS AND/OR PLAY OUR GAMES OR USE OUR SERVICES.
KEY TERMS Affiliates: People or companies outside Counterspell AB staff, whom we cooperate with closely and regularly, that have access to your personal data in order for us to provide our services. Personal data: information that you provide to us or we collect which personally identifies you, such as your name, username, email address or geographic region. Processing: includes collection, registration, organization, storage, processing or modification, reading, use, transmission of, dissemination or otherwise providing, adjustment or assembly, restriction, erasure or destruction of personal data. Data controller/controller: The controller is usually the legal person (such as a company, foundation, authority or association) that processes personal data and determines the purpose of processing. Data processor/processor: The processor is the person (or company) who processes personal data on behalf of the controller. Services: Collection term for all of our products, services and games. Cookies: Cookies are small text files that are stored by your browser on your desktop computer or mobile device. Terms of Service/agreement: The agreement we enter with you for you to use our services.
OUR SERVICES Games: All Counterspell games. Web services: Main website (counterspellstudios.com), forum, merchandise, support Social media: Facebook pages, Twitter pages, Instagram pages, Youtube channels, Twitch channels
WHAT PERSONAL DATA DO WE COLLECT? We always seek to collect the least personal data needed to provide you with the best possible experience when using our services. Most of the personal data we collect and use is required for us to provide our services (regulated in the Terms of Service). PERSONAL DATA COLLECTED WHEN USING OUR GAMES Information we collect, or you provide to us, when you are using our games. When you download our games When you download our games but don’t log in, some personal data is still stored locally on your device. The personal data is stored for you to keep your progress in the game while using it. If you uninstall the game without logging in, all your progress will be deleted. Device and model: We collect and use this information to adjust for example screen size when you use our services. Advertisement ID: This is a randomly generated ID for your device. On devices with iOS 14.5 and newer, we collect this id only if you accept to be tracked. If you are located in a European or EEU country, California, or Virginia, then it’s only collected if you allow personal ads. In other cases, it’s automatically collected. We use this id to track if you installed the game from our own ads, which ad it was, and what ads you watch and click in our games. We share this id with our analytics service providers to gather statistics for improving the game. We also share this id with our ad service providers to show ads that are more relevant to you. You can disable the tracking in the settings in our games, or by deleting this ID from your device in the operating system’s settings. Users Installed Application information: Our games may collect information on the applications you have installed on your device. This information is sent to our advertising network partners to serve ads that are relevant to the apps you have installed. When you log in and create an account App specific ID/Game center ID/Google Play ID/Twitter ID/Game Circle ID: We collect and use this information for you to be able to log in via social media. Game Center Alias/Google Play Alias/Game Circle Alias: We collect and use this information for support issues, in case you have forgotten which account you are logged in with. User ID: When you choose to log in with any login method in our games, we create a random, unique ID to handle various online features and support functions. Your user id may be shared with our analytics service providers and is used in our own statistics to determine if you installed the game from an advertisement, or reinstalled the game. Username: When you create an account you choose a username. We use this information to give other users something to remember rather than your user ID, and to find you on leaderboards. Your username is visible to all other users. Nation and region: When you create an account you can sometimes choose nationality and region. This information is used for national and regional leaderboards and is visible to other users. Email address: When you play, you can fill in your email address that we use to contact you if you f.e. win prizes in the event.
When contacting our support Information we collect, or you provide to us, when you are contacting our support. Advertisement ID: This information is never collected on devices with iOS 14.5 and newer. We collect and use this information to identify the user’s device between sessions and to identify if multiple user support messages are sent from the same user. A user can delete this ID from their device in the operating system’s settings. Email address: We collect the email address that you provide us with and use this information in our support-related communication with you. Name: We collect the name you provide us with and use this information in our support-related communication with you. When visiting our website Our main website, Counterspellstudios.com, uses no cookies:
WHAT DO WE USE YOUR PERSONAL DATA FOR? Our main purpose of processing your personal data is to provide you with our games and other services to fulfill our agreement in Terms of Service. AGE IDENTIFICATION We may use your personal data to identify your age for data protection purposes, for example to determine the legal requirements for processing of personal data. We do not knowingly collect personal data from children under the age of 13 in any of our services. Age-limitation is regulated in our Terms of Service. WE USE YOUR PERSONAL DATA FOR THE FOLLOWING PURPOSES IN ACCORDANCE WITH APPLICABLE LAWS: To provide, operate, improve and maintain all our services and your account(s) ; personalize all content of our services; send technical notices, updates and security alerts; support and troubleshooting reasons; send support and administrative messages; provide news and information about our services; monitor the activities of users playing our games and using our services; facilitate sharing on social networks; provide adults with advertising in accordance with given consent and/or applicable laws; identify, fix, and troubleshoot bugs and service errors, provide software updates etc; resolve disputes, investigate and help to prevent fraud and illegal behavior, comply with the law, and to enforce our agreements and policies; survey users opinions about our services and related matters through surveys, social media channels or questionnaires; communication reasons related to our services; manage our services and send you confirmations and important information about your account, products, purchases, subscriptions, and warranties; present offers and/or information relating to our services and other games that you might like; make recommendations to you; personalize advertising for you and deliver targeted marketing, service updates and promotional offers.
WHAT LEGAL BASIS DO WE HAVE FOR PROCESSING YOUR PERSONAL DATA? AGREEMENT We collect and process your personal data in order to fulfill the agreement (Terms of Service) that is necessary for you to use our services. BALANCING OF INTEREST When we have important information or news to share with you. It can be special offers in game or information about an event that you might be interested in. We may use your email address that you provided to us or send you a notification. If you do not want to receive this information or news, you can turn off notifications in the game or notify us by mail at: contact@counterspellstudios.com CONSENT Some types of processing need your consent, for example direct marketing ads, or personal ads, for European and EES country citizens, as well as United States citizens in states where data privacy laws applies. If you get these ads and are a citizen in one of these regions, even though you have not given your consent, please email us and we will correct it immediately: contact@counterspellstudios.com We ask for your consent to allow direct marketing ads, or personal ads, in our games and services. You can withdraw your consent at any time from the settings menu in any of our games, and thereby opt-out from this type of ads. We also ask for your consent to accept our use of cookies, and you can withdraw your consent to cookies by updating the settings in your browser any time. COMPLYING WITH LEGAL OBLIGATIONS We will process your personal data when we have a legal obligation to do so.
FOR HOW LONG DO WE STORE YOUR PERSONAL DATA? We do not keep your personal data for longer than is necessary for the purposes of performing the agreement unless further storage is required in order to establish, exercise or defend a legal claim or to comply with applicable law, including accounting rules.
WHO DO WE SHARE YOUR PERSONAL DATA WITH? We share your personal data with our affiliates and other trusted businesses or persons to process it for us, based on our instructions and in compliance with our Privacy Policy. We use a number of external services to provide you with a forum to connect with other users, a support channel, chat functionality, etc. We also cooperate with associate partners in order to fulfil our agreement in Terms of Service. We do not share your personal data with any company, organizations or persons outside Counterspell except when the following applies: YOU’VE GIVEN CONSENT If you are a citizen of a European or EES country, or one of the states listed under Advertisement ID in section 4, and you have given your consent to receive direct marketing ads, or personal ads, we will share personal data with our associate advertising networks. AFFILIATES, THIRD PARTY AGENTS AND CONTRACTORS We may share your personal data with our affiliates, third-party agents and contractors in order to provide our services to you, for ongoing development, for analytical purposes etc. We will only provide personal data to such third party agents and contractors for their performances of their specific assignments for us and consistent with this Privacy Policy, and for no other purposes and provided that such third-party agents and contractors have ensured an adequate level of data protection in accordance with all applicable data protection legislation and/or through agreements with us. SOCIAL NETWORKS Where our services are accessed and/or provided through social networks. COURTS, LAW ENFORCEMENT AGENCIES, LEGAL AUTHORITIES ETC. When ordered or requested by courts, legal authorities etc. and required in order for us to abide by applicable laws, or to protect our rights, in defense in law suits, property or safety of Counterspell AB, our services, users etc. OTHER END USERS In order to provide functionality in our services. ADVERTISING NETWORKS We may share your personal data with advertising networks in order to serve direct or indirect marketing ads to you. Our services may collect information on the applications you have installed on your device. This information is sent to our advertising network partners to serve ads that are relevant to what you have installed. FOR LEGAL REASONS We may keep and/or share your personal data if necessary to comply with legal requirements or to protect Counterspell’s legal interests, for example in case of an ongoing legal process. WE USE OR MAY USE THE FOLLOWING PLATFORM/SERVICE PROVIDERS IN OUR SERVICES: Game Apple Appstore https://www.apple.com/legal/privacy/ Google Play https://policies.google.com/privacy Unity3d: Engine, Analytics & ads https://unity3d.com/legal/privacy-policy Iron Source: Ads https://www.is.com/privacy-policy/ Steam: https://store.steampowered.com/privacy_agreement/ Epic Games: https://www.epicgames.com/site/en-US/privacypolicy?sessionInvalidated=true
PAYMENT INFORMATION In order to access certain premium game functions (i.e. levels, content, items or features) or to order items from our merchandise shop you are required to pay certain fees. When purchasing such features and functions you may be asked by the platform/service providers to provide certain personally identifiable information, such as full name, billing address, email address, phone number and credit card number/expiration date etc. Please note that you must be the age of 18 or older to make purchases in our games or other services. Once you have successfully entered valid credit card information and completed the order process, a purchasing account will be created and maintained for them. The platform/service providers will use the information provided to process your order and to send order confirmations via email, as well as to make future purchases easier for you. We do not sell, transfer or share customer information with third parties, except where applicable the information is transferred, disclosed and shared with our third-party agent(s) who uses the information solely to handle and deliver certain online activities necessary to operate our business (e.g. processing orders and payments).
SECURITY We take measures to ensure that all personal data we collect is secure and we protect the confidentiality, security, and integrity of the personal data collected from our users. Personal data is stored in secure operating environments that are not available to the public and that are only accessible to authorized employees and contractors using multi-factor authentication. We also have security measures in place to protect the loss, misuse, and alteration of the personal data under our control. All communications over public networks with Counterspell’s services utilize HTTPS with TLS encryption. TLS 1.2 or higher is enforced when personal data is transmitted server-to-server. If you choose to share any personal data with us through our services, then you must have iOS 10, Android 5.0, or a newer operating system installed on your device, to ensure TLS 1.2 or higher. All data is stored encrypted-at-rest with AES-256 or greater, including backups. Counterspell utilizes the services from the Google Cloud Platform. Detailed information about the service security can be found at https://cloud.google.com/security. Please note that we may provide links to other games and websites that are operated and hosted by third parties who may have their own personal data collection practices. Those other games and websites are governed by their own privacy policies, which may be substantially different from our policy. Visitors to other games and websites are encouraged to review the privacy policies and personal data collection practices of those websites. Any improper collection or misuse of user content or personal data provided in our services is a violation of the Terms of Service and should be reported to us at contact@counterspellstudios.com.
INTERNATIONAL DATA TRANSFERS We may transfer and share your personal data to third parties (including service providers operating on our behalf) which may be located in countries outside the European Union (“EU”) and/or the European Economic Area (“EEA”) which may not have the same level of data protection laws as those in the country where you are located. If your data is sent to a country outside the EU/EEA that is not subject to an adequacy decision by the EU Commission, the transfers will only occur based on the following safeguards: i) If the entity is certified to comply with the principles for data protection under the US-EU Privacy Shield Framework (“Privacy Shield”) (see Privacy Shield at www.privacyshield.gov), or ii) If we have entered into EU Commission-approved standard contractual clauses with the entity, which is deemed to offer sufficient safeguards with respect to the protection of the privacy and fundamental rights and freedoms of individuals.
YOUR RIGHTS You have the following rights regarding your personal data: THE RIGHT TO REQUEST ACCESS You may request access to your personal data. This includes confirmation as to whether or not personal data concerning you are being processed, and, where that is the case, access to the personal data and the following: The purposes of the processing; the categories of personal data concerned; 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 organizations; where possible, the intended period for which the personal data will be stored or, if not possible, the criteria used to determine that period; the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning you or to object to such processing; the right to lodge a complaint with a supervisory authority; where the personal data are not collected from you, any available personal data as to the source; the existence of automated decision-making, including profiling and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing affecting you. When personal data are transferred to a third country or to an international organization, you have the right to be informed of the appropriate safeguards relating to the transfer. You shall be provided a copy of the personal data undergoing processing. For any further copies requested, we may charge a reasonable fee based on administrative costs. When you make the request by electronic means, and unless otherwise requested by you, the information shall be provided in a commonly used electronic form. The right to obtain a copy shall not adversely affect the rights and freedoms of others. Please note that the access may be restricted due to intellectual property or trade secrets. THE RIGHT OF CORRECTION You have the right to have inaccurate personal data rectified. THE RIGHT OF ERASURE You have the right to have your personal data erased where one of the following grounds applies: The Personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed, if you have withdrawn your consent and there are no other legal grounds for the processing, if you have objected to the processing and there are no overriding legitimate grounds for the processing, the personal data have to be erased for compliance with a legal obligation in Union or Member State law, the personal data have been unlawfully processed or the personal data have been collected in relation to the offer of information society services. Please note that your right to erasure may be limited if the data are necessary for compliance with a legal obligation or for the establishment, exercise or defense of legal claims. If you exercise this right, you will not be able to use our services and note that we can not recreate erased data. THE RIGHT TO RESTRICTION You have the right to obtain restriction of processing in certain circumstances. If you have the right to restriction, we will only process your personal data with your consent or for the establishment, exercise or defense of a legal claim or to protect a person or important grounds of public interest. THE RIGHT TO DATA PORTABILITY You have the right to receive your personal data that you have provided to us in a structured, commonly used and machine-readable format and have the right to transmit that data to another controller, when possible. However, we do not have the technical capability for any direct transmission of your personal data. THE RIGHT TO OBJECT You have the right to object to the personal data processing on grounds relating to your particular situation when the data are processed based on the balancing of interest rule. In this case, we will cease the processing unless there are compelling legitimate grounds for the processing which override your interests, rights and freedoms or if the processing is necessary for the establishment, exercise or defense of legal claims. You have the right to object to our processing of your personal data for direct marketing purposes at any time. We will cease the processing of your personal data for this purpose after the objection. Please note that if you exercise this right, your user license to use our services may cease automatically (stated in Terms of Service). THE RIGHT TO WITHDRAW CONSENT If we have asked for your consent to our processing of your personal data, you have the right to withdraw your consent at any time. If you withdraw your consent, we will cease processing of the personal data for which you have withdrawn consent, unless we have a legal obligation for processing your data. Please note that if you withdraw your consent to any processing required in Terms of Service (i.e. terminate the agreement), your license for using our services will cease automatically. The withdrawal of your consent does not affect the lawfulness of processing based on your consent before its withdrawal. CHANGING OR DELETING ACCOUNT INFORMATION You can delete all information linked to you in all our apps and services from the account settings in our apps. Tap the “Delete account” button and follow the instructions. Your information will be scheduled for deletion within two weeks. Some information may persist in backup copies for a reasonable period of time but will not be generally available to other users or visitors of the services. If you connected your Facebook account to your account in our apps, then you can delete this connection from the account settings in our apps. Some communications made in any communication features, which might have been shared with other users (for example sending personal messages to another user) may remain even if you delete your account. Send an email to contact@counterspellstudios.com to be removed from all our email lists. WHEN YOU WANT TO INVOKE ANY RIGHTS If you wish to invoke any of the rights described above, you may contact us at any time by emailing us at contact@counterspellstudios.com. We will process and answer your requests without undue delay and in any event within one month of our receipt of the request unless a longer period is required due to the complexity of the request. In this case, our response time can be up to three months.
DISPUTES DISPUTES BETWEEN YOU AND Counterspell AB Our goal is to resolve disputes fairly and quickly. For all disputes against Counterspell, you agree to first contact us and try to resolve the dispute informally by sending a written notice of the claim (“notice”) to us. The notice must be sent via registered letter to the address listed below or by email to contact@counterspellstudios.com with confirmation of receipt. The notice must (a) include your name, your residential address and email address and/or mobile phone number associated with your account registered with us and/or the platform/service provider; (b) describe the type and reason for the claim; and (c) specify specific compensation sought, if any. If we cannot agree on a solution to the dispute within 60 days of receiving such a notice, either party may initiate legal proceedings. USER DISPUTES You are solely responsible for your interactions with other users of our services. We reserve the right, but have no obligation, to monitor disputes between you and other users.
ARBITRATION If you are located within the United States of America, the following applies to you: Any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought by either party is less than $10,000 shall be resolved via binding non-appearance-based arbitration initiated through the American Arbitration Association (“AAA”). The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. In any such arbitration, the parties and AAA must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Agreement shall prevent either party from seeking remedies in small claims court of competent jurisdiction. The right to refrain from arbitration. You may choose to waive this arbitration term. Then neither you nor Counterspell can demand that the other party take part in arbitration proceedings. In order to refrain, you must inform Counterspell in writing about this within 30 days of obtaining notice of this Arbitration section. You must provide the name and address, the email address associated with your account associated with the service (if you have one) and a clear wording that you want to waive the arbitration terms. All requests to refrain from arbitration must be sent to: Counterspell, Vallagränd 12, 13639 Handen, Sweden and marked “Waiver of Arbitration”. If you do not waive this arbitration section it will continue to apply to you.
CLASS ACTION WAIVER You agree that any and all claims must be made in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
CLAIMS You and Counterspell agree that any case of action arising out of or related to the Terms of Service or this Privacy Policy must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
GOVERNING LAW (a) If you are located outside of the United States of America this Agreement shall be governed by and construed in accordance with the laws of Sweden, without giving effect to any principles of conflicts of law, and the parties hereby consent to the sole and exclusive jurisdiction of the courts of Sweden, with the district court of Stockholm as first venue, to resolve any disputes arising out of or relating to this Agreement. (b) If you are located within the United States of America, and unless otherwise required by a mandatory law of any jurisdiction, this Agreement shall be governed by and construed in accordance with the laws of the state of New York, without giving effect to any principles of conflicts of law. You agree that any action arising out of or relating to these Terms of Service that is not subject to mandatory arbitration as set forth above shall be filed only in the state or federal courts in and for New York County, New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. (c) Notwithstanding anything to the contrary, Counterspell may apply to any court of competent jurisdiction for injunctive or other equitable relief.
CHANGES TO OUR PRIVACY POLICY This Privacy Policy applies to all information collected by us or provided to us on and after the Effective Date. This Privacy Policy is subject to change and we may make any changes to this Privacy Policy as we see fit. Counterspell will notify you of material changes by posting them in our games, or on the websites etc. You are encouraged to check back and review this Privacy Policy from time to time so that you will always know what information is collected, how it is used, and to whom it is disclosed. Your continued use of our services subject to this Privacy Policy will signify your acceptance of Privacy Policy changes.
CONTACT If you have any questions, complaints or comments regarding our Privacy Policy, please contact us at: Counterspell AB, Vallagränd 12, 13639 Handen or by email: About this policy: contact@counterspellstudios.com About legal claims: contact@counterspellstudios.com
