Steinweg 4, Pechbrunn, DE 95701,
contact@cutyfruity.de
Ph: +4915112312769

PrivacyPolicy

Here you can find the privacy policy for our website!

Effective Date: 31-03-2023
A. Privacy Policy
1. Introduction

We are committed to protecting your privacy. This Privacy Policy explains how your personal information is collected, used, and disclosed by our company.

Please read this Privacy Policy carefully to understand our policies and practices regarding your personal data (as defined below) and how we will treat it.

This Privacy Policy applies to the Cuty Fruity app, website and related services (together, the “services” or “game”, “app”, “website” for individual categories). This privacy policy explains how we and affiliated companies (collectively "we", "us", "our") collect, use, secure, and/or disclose end-users’ (“you” or “your”) or otherwise processes your personal information when you use our services.

The data controller is Katja Malzer

2. Scope of Our Policy

Except as otherwise noted below, this Policy applies to the personal information that we collect and process related to:

  • Our “Services,” which include our mobile application (game) and website.
  • Individuals who engage with us at conferences, expos, and other events in which we participate.
  • Users and other individuals that communicate or engage with us related to our Services or our business, communicate with or about us or our content on third-party platforms or otherwise interact with us online or offline.

Not Covered by this Policy

This Policy does not apply to job applicants and candidates who apply for employment with us, or to employees and non-employee workers in the context of our working relationship with them. This Policy also does not apply to any third-party websites, services, products or mobile applications maintained by other companies, which are linked to from our Services.

Aggregate and Non-Identifiable Information

Notwithstanding anything else in this Policy, we may collect, use, share, disclose, and otherwise process aggregate, anonymous, and in some cases de-identified information related to our business and the Services for research, marketing, analytics, and other purposes. Where we use, disclose or process de-identified information, we will maintain and use this information in de-identified form and not to attempt to reidentify the information, except in accordance with applicable privacy laws.

3. Personal Information We Collect

We collect personal information directly from Users, automatically related to the use of the Services, and in some cases, from third parties (e. g. platform providers and operators of certain third-party services that we use). The information we collect about Users varies depending upon the circumstances, such as the Services used.

a.Information We Collect Directly From You

You can visit our website and use our game without registering. However, in certain circumstances (e. g. to create an account or use certain Services), you must provide us with certain personal information.

The personal information that we collect varies depending upon your use of our Services and our interactions with you. It may include:

  • Registration and profile information

To access and use certain Services (e. g. create an account), we may require you to provide us with certain information including your username and password. If you decline to register and provide the mandatory information, you may not be able to use certain Services.

Your communications

  • When you contact us (e. g. by e-mail) regarding the Services, we collect and maintain a record of your contact details, communications, and our responses.
  • Business partners and others

We may collect and receive personal information about current, former and prospective vendors, business partners, and others with whom we have a business relationship. Generally, this information may include name, company information, payment and contact details, and communications records.

b. Information We Collect and Receive from Third Parties

We may collect and receive personal information about you from third parties, as explained below:

  • Mobile Platform

In addition, if you download our mobile apps or use our Services on your mobile device, we may receive personal information from the relevant app stores (e. g. Google Play) and platform providers, including your country/location, user ID and other identifiers and device information. These third parties may also collect information from you as described above.

  • Vendors and providers

We may engage vendors and work with other partners to provide services to us or to Users on our behalf (such as digital storefronts, cloud hosting, and service providers). In addition, we may receive personal information from ad networks, analytics providers, and others who we work with to deliver, improve, and measure our online advertising, etc.

c. Information We Collect About Your Usage and Activities

We collect personal information about how you use the Services and interact with us and others, such as information we collect automatically (e.g., using cookies and pixel tags), as well as information we derive about you and your use of the Services (e.g., when you play our game). Such information includes:

  • User IDs

We assign each account holder a unique user identifier, which we use to identify and link relevant information to your activities within the Services (e. g. in-game information such as statistics and scores).

  • Activities, stats, friends and preferences

We collect usage and preference details related to your use of the Services, such as language, game-play statistics, scores, rankings and other data that you provide to us as part of your account.

  • Other information

We also may automatically or indirectly collect information about you, your computer or mobile device (such as when you use our Services). We (and our third-party providers) may record log files and use cookies, pixel tags, local shared objects, java script, and other mechanisms to collect this information about you. For more information, see Section 5. Cookies, Analytics, and Personalization. In addition, we may collect location information from your device if you grant us permission to do so, or derive your location based upon your IP address.

d. Children

We do not knowingly request or collect personal information from children younger than 13 years of age. If you believe that we have collected personal information from a child under 13, please contact us by e-mail at support@cutyfruity.de and we will take action as necessary to securely delete such information.

4. Purposes of Use and Legal Bases of Processing for Personal Information

While the purposes for which we may process personal information will vary depending upon the circumstances, in general, we use personal information for the business and commercial purposes set forth in this section. In this section, we also explain the legal bases for which we process personal information about Users, as required by the EU General Data Protection Regulation (the “GDPR”) (and other relevant laws such as UK data protection laws and the Brazilian General Data Protection Law (the “LGPD”)).

a. Legal Bases for Processing

Pursuant to the GDPR (and other relevant laws), in general, we process your personal information for the following legal bases:

  • Performance of our contract with you

The personal information we collect may be used to perform our agreements with you.

  • To comply with a legal obligation to which we are subject

The personal information we collect may be processed in order to comply with the law and our legal obligations.

  • For our legitimate business interests

We may process personal information in furtherance of our legitimate business interests in protecting, maintaining, and improving the Services; marketing and promoting our Services (including by profiling and marketing to Users); protecting our legal rights and interests; in support of mergers, acquisitions, reorganizations, and other business transactions; and to generally operate and improve our business.

  • With your consent

We may process personal information about you based on your consent, for example (where required by law) to send you marketing communications, updates, and other communications. In addition, where required by applicable law, we will obtain your consent to this Policy and our collection, use, and disclosure of your personal information. You may be able to withdraw your consent at any time in accordance with applicable laws; please see Section 12. User Rights and Choices for information on how to withdraw your consent.

b. Purposes of Use and Processing

While the purposes for which we may process personal information will vary depending upon the circumstances, in general, we use personal information for the business and commercial purposes set forth below. Where GDPR or other similar laws apply, we have also set forth the legal bases for such processing (see above for further explanation of our legal bases) in parentheses below:

  • Providing our Services and related support

Including to operate the Services; to provide troubleshooting and other technical support; and for other customer service and support purposes. (Legal basis: performance of our contract with you; and/or for our legitimate business interests)

  • Protecting the integrity of the Services

Including to detect and prevent fraud and unauthorized activities; to facilitate software updates; to secure our systems and the Services; to prevent hacking and spamming; to protect the rights and safety of Users. (Legal basis: performance of our contract with you; to comply with a legal obligation; and/or for our legitimate business interests)

  • Analyzing and improving the Services and our business

Including to better understand how Users access and use our Services; to evaluate and improve the Services and our business operations and for other research and analytical purposes. (Legal basis: our legitimate business interests)

  • Personalizing the Services

Including to tailor content we send or display on our website and other Services (e.g., for your geographic area); to offer personalized help and instructions; to tailor your gameplay experiences; and otherwise personalize your experiences with the Services. (Legal basis: our legitimate business interests; and/or to comply with a legal obligation)

  • Advertising, marketing, and promotional purposes

Including to send or display targeted marketing; to reach you with more relevant ads and to evaluate, measure, and improve the effectiveness of our ad campaigns; Where required by applicable law, we will obtain your consent to use your personal information for marketing and related purposes. (Legal basis: our legitimate business interests; and/or with your consent)

  • Securing and protecting our business

Including to protect and secure our business operations, assets, Services, network, and information and technology resources; to investigate, prevent, detect and take action regarding fraud, cheating, unauthorized access, situations involving potential threats to the rights or safety of any person or third party, or other unauthorized activities or misconduct (Legal basis: our legitimate business interests; to comply with a legal obligation; and/or performance of our contract with you)

  • Defending our legal rights

Including to manage and respond to actual and potential legal disputes and claims, and to otherwise establish, defend, or protect our rights or interests, including in the context of anticipated or actual litigation with Users or third parties. (Legal basis: our legitimate business interests; and/or to comply with a legal obligation; in Brazil, this also includes the exercise of rights in judicial, administrative, or arbitration proceedings in accordance with applicable laws)

  • Auditing, reporting, corporate governance, and internal operations

Including financial, tax, and accounting audits; audits and assessments of our operations, privacy, security and financial controls, risk, and compliance with legal obligations; our general business, accounting, record keeping, and legal functions; to maintain appropriate business records; to enforce company policies and procedures; and related to any actual or contemplated merger, acquisition, asset sale or transfer, financing, bankruptcy, or restructuring of all or part of our business. (Legal basis: our legitimate business interests; and/or to comply with a legal obligation)

  • Complying with legal obligations

To comply with applicable legal or regulatory obligations, including as part of a judicial proceeding; to respond to a subpoena, warrant, court order, or other legal process; or as part of an investigation or request, whether formal or informal, from law enforcement or a governmental authority. (Legal basis: our legitimate business interests; and/or to comply with a legal obligation)

5. Disclosure and Sharing of Personal information

We may disclose your personal information as follows, and we will obtain your consent to do so when required by applicable law:

  • Vendors and Providers

We may engage vendors, agents, service providers, etc. to provide services to us or to Users on our behalf, such as support for the internal operations of our website, product (our game), and services (e. g. technical support processing), as well as data storage, and other services. In providing their services, they may access, receive, maintain, or otherwise process personal information on our behalf. Our contracts with these service providers do not permit use of your personal information for their own marketing and other purposes.

  • Advertising and Analytics Services

We work with other companies that provide advertising, campaign measurement, online and mobile analytics, and related services to us (with your consent, where required by applicable laws) and to others. They may use the information that we provide or make available to help us better reach individuals with relevant ads and to measure and improve our ad campaigns, or to better understand how individuals interact with our Services. In addition, these advertising and analytics companies may combine the information collected from us and our Services with information collected about you by them and from third-party sites, apps, and services, in order to make inferences about you and your interests, to better tailor advertising and content to you across multiple sites, apps, and services, and to collect associated metrics. For information about the rights and choices that you may have regarding the sharing of your personal information with advertising and analytics companies, see Section 12. User Rights and Choices. To consult a list of our partners, please see the Cooky Policy and Cookie list (Section B).

  • Legally Required

We may also disclose your personal information if we believe we are required to do so by law, or that doing so is reasonably necessary to comply with legal processes, including when we believe necessary or appropriate to disclose personal information to law enforcement, other governmental or regulatory authorities, or the courts (in any relevant jurisdiction worldwide).

  • Security and Protection of Rights

We may also disclose your personal information where we believe doing so is necessary to protect the Services and our business operations; to prevent and detect fraud, unauthorized activities and access, and other misuse; to investigate, prevent, or take action regarding actual or suspected illegal activities or fraud, situations involving potential threats to the safety or legal rights of our company or any person or third party, or violations of our Terms of Service; to regularly exercise our rights in judicial, administrative, or arbitration proceedings (as applicable in Brazil); to respond to any claims against us; and to protect the rights, property, or personal safety of us, our customers, or the public.

  • Corporate Transactions

Your personal information may be disclosed as part of any proposed or actual merger, sale, or transfer of our assets, acquisition, bankruptcy, or similar event. We may also share certain personal information as necessary prior to the completion of such a transaction, such as to lenders, auditors, and third-party advisors, including attorneys and consultants, as part of due diligence, or as necessary to plan for the transfer.

  • With Consent

We may also disclose your personal information to any other affiliated or third parties where you have consented or requested that we do so.

To consult a list of our partners, please see the Cooky Policy and Cookie list (Section B).

6. Cookies, Analytics, and Personalization

We and our third-party providers use or may use cookies, clear GIFs/pixel tags, JavaScript, local storage, log files, and other mechanisms to automatically collect and record information about your browsing activities, gaming performance, and use of the Services. We may combine this “activity information” with other personal information we collect about you. Generally, we use this activity information to understand how our Services are used, track bugs and errors, provide and improve our Services, establish matchmaking, verify account credentials, allow logins, track sessions, prevent fraud, and protect our Services, as well as for targeted marketing and advertising, to personalize content and for analytics purposes (see Section 12. User Rights and Choices for information about opting in or out of certain uses of your personal information).

Below is a summary of these activities. For more detailed information about these mechanisms and how we collect activity information, see our Cookie Policy and Cookie list (Section B).

  • Log Files

We collect certain activity information from log files. Log file information is automatically collected by our servers when you access our Services. We record certain information from these log files, including web requests, IP address, browser type and version, language information, referring and exiting URLs, links clicked, pages viewed, engagement data, and other similar information.

  • Cookies

These are small files with a unique identifier that are transferred to your browser through our websites. They allow us to remember Users who are logged in, to understand how Users navigate through and use our Services, and to display personalized content and targeted ads (including on third-party sites and applications).

  • Clear GIFs, Pixel Tags, and Web Beacons

These are tiny graphics with a unique identifier, similar in function to cookies, to understand how Users navigate through and use our Services and to personalize content. We also use these in our emails to let us know when they have been opened or forwarded, so we can gauge the effectiveness of our communications.

  • Analytics Tools

We may use internal and third-party analytics tools (see our Cookie Policy for a list of third parties) to collect and aggregate activity data and other data across multiple channels.

  • Preferences

You can review or change your preferences for most cookies and tags on our websites (other than those that are necessary to the proper functioning of our websites) by adjusting your cookie settings:

https://cutyfruity.de/en/cookie-policy/

7. Targeting and Advertising

We work with third-party ad networks, channel partners, mobile ad networks, analytics and measurement services, and others (“third-party ad companies”) to personalize content and display advertising within our Services (including our website and our mobile game app), as well as to manage our advertising on third-party sites, mobile apps, and online services. We and these third-party ad companies may use cookies, pixel tags, and other tools (which we may refer to collectively as “targeting cookies”) to collect activity information within our Services (as well as on third-party sites and services), as well as IP address, location information, device ID, cookie and advertising IDs, and other identifiers; we and these third-party ad companies use this information to provide you more relevant ads and content within our Services and on third-party sites and apps, and to evaluate the success of such ads and content. See our Cookie Policy (Section B) for more details about the third-party ad companies we work with.

a. Preferences

We make available multiple ways for you to manage your preferences regarding targeting cookies, advertising, and personalization:

  • Our website

You can review or change your preferences for targeting cookies and tags on our website by adjusting your cookie settings: https://cutyfruity.de/en/cookie-policy/

  • Mobile

Our mobile game app may include third-party advertising and analytics. You can opt out of targeted advertising from third parties in our mobile game app by adjusting your device privacy settings (please refer to your device settings for more information). This means that you will no longer get targeted ads; however, you may still receive contextual or general ads.

8. Third-Party Links and Features

Our Services may contain links to third-party sites that are not owned or controlled by us. We are not responsible for the collection and use of your information by these third-party sites. We strongly recommend that you read the privacy notice of any website or app you visit or use before you submit any personal information.

9. Security of Your Information

We take reasonable and appropriate administrative, technical, and physical measures to protect against possible breaches of our Services and the personal information we maintain. However, no website or Internet transmission is completely secure. Thus, we cannot and do not guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. We urge you to take steps to keep your personal information safe, such as choosing a strong password and keeping it private, enabling multifactor authentication (where available), as well as logging out of your User account and closing your web browser and/or game app when finished using the Services.

10. Data Retention

We will retain your personal information as long as necessary for purposes for which the personal information was collected and is used by us, as stated in this Policy. If you wish to cancel your account or request that we no longer use your personal information to provide the Services to you, please contact us as set forth in Section 13. Contact Details. However, if you withdraw consent or otherwise object to our collection, use, and disclosure of your personal information, you may not be able to use our Services. Further, to the extent permitted by applicable law, we will retain and use your personal information as necessary to comply with our legal obligations, resolve disputes, maintain appropriate business records, and enforce our agreements.

11. International Transfers of Data

We are headquartered in Germany and have operations and service providers etc. in the EU and throughout the world. As such, we may collect and transfer your personal information to, and process your personal information from other jurisdictions where we and our service providers have operations. Some of these jurisdictions (including the United States) may not provide equivalent levels of data protection as compared to your home jurisdiction. We will take steps to ensure that your personal information receives an adequate level of protection in the jurisdictions in which we process it, including through appropriate written data processing terms and/or data transfer agreements.

  • Users in the European Economic Area (EEA) and United Kingdom

We will take steps to ensure that appropriate safeguards are in place to protect your personal information that we transfer to the United States or other jurisdictions that do not provide equivalent levels of data protection according to the European Commission, including by putting in place standard contractual clauses as approved by the European Commission (the form for the standard contractual clauses can be found at https://eurlex.europa.eu/eli/dec_impl/2021/914/oj).

  • Users in Brazil

If your personal information is subject to Brazilian laws, we will ensure that appropriate safeguards are in place to protect your personal information, as required by the LGPD.

12. Hosting and backend infrastructure

We use Host Europe, which is a hosting service provided by Host Europe GmbH, c/o WeWork, Friesenplatz 4, 50672 Köln, Germany.

This type of service has the purpose of hosting Data and files that enable our Services to run and be distributed as well as to provide a ready-made infrastructure to run specific features or parts of our Services.

Such services may work through geographically distributed servers, making it difficult to determine the actual location where the Personal Data are stored.

We outsource some of our data processing to Host Europe; this falls under the rules provided in Art. 28 GDPR on the basis of standard contractual clauses for the transfer of personal data to processors established in third countries under Directive 95/46/EC of the European Parliament and of the Council and have thus obliged Host Europe to process the data only according to our instructions and to implement the strict data protection rules of the European Union.

Host Europe’s privacy policy can be found at https://www.hosteurope.de/AGB/Datenschutzerklaerung/.   

13. User Rights and Choices

We give Users several ways to access, amend, and exercise their choices and rights regarding their personal information.

  • Cookies and Advertising

As noted in Section 5. Cookies, Analytics, and Personalization and Section 6. Targeting and Advertising, you can manage your preferences for cookies (including advertising cookies) on our website and in our game app by adjusting your cookie preferences:

https://cutyfruity.de/en/cookie-policy/

For our mobile game app that includes third-party advertising and analytics, you can also opt out of targeted advertising by adjusting your device privacy settings, as explained in Section 6. Targeting and Advertising. You may also be able to opt out through the in-app settings for our mobile game.

  • Access, Amendment, and Deletion

If you would like us to update or delete your personal information, you may contact us to delete your account. Please contact us as set forth in Section 14. Contact Details, to exercise your rights or make a request regarding your personal information.

  • Submitting a Privacy Request

Privacy requests should be directed to us as set forth in Section 14. Contact Details. Please keep in mind that certain Services will not be available if you withdraw your consent, or otherwise delete or object to our processing of certain personal information. We will respond to your request in accordance with applicable law, and we will inform you if we do not intend to comply with your request.

  • Additional Information for Users in Certain Jurisdictions

Additional Information about the privacy rights under certain privacy laws, including the GDPR and UK data protection law and certain U.S. privacy laws, can be found in Section 15. Additional Information for Users in Certain Jurisdictions. Please review this section for more information.

14. Contact Details

If you have any questions, complaints, or comments regarding our Policy or practices, please contact us via email at support@cutyfruity.de

Controller

The controller for your personal information is 

Katja Malzer

Steinweg 4

95701 Pechbrunn

GERMANY

e-mail: info@cutyfruity.de

15. Changes to this Policy

This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on our Services. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will provide you with appropriate notice.

16. Additional Information for Users in Certain Jurisdictions

This section includes additional information as required under the privacy laws of certain jurisdictions.

EEA (GDPR), UK and Brazil

Subject to the conditions set out in applicable law, Users in the European Union/European Economic Area, United Kingdom, and Brazil (as well as in other jurisdictions where similar rights apply) have the following rights regards our processing of their personal information:

  • Right of access

to confirm whether we are processing your personal information and to receive a copy of that personal information (along with certain other details).

  • Right to correction (rectification)

to request that we correct any personal information we hold about you that is inaccurate or incomplete.

  • Right to erasure

to request that we delete your personal information under certain circumstances, such as where we no longer need it or if you withdraw your consent (where applicable). (NOTE: If you request that we delete your personal information, we may do so by deleting your account(s) with us.) Brazilian Users may also request the anonymization, blocking, or erasure of unnecessary or excessive personal information, or personal information processed in violation of the LGPD.

  • Right to restrict (block) processing

to request that we restrict the processing of your personal information under certain circumstances, such as where you contest its accuracy or object to our use or stated legal basis.

  • Right to data portability

to receive a copy of personal information we have obtained from you in a structured, commonly used, and machine readable format and to reuse it elsewhere or to ask us to transfer it to a third party of your choice, under certain circumstances.

  • Right to object

to object to our processing of your personal information on the basis of our legitimate interests, in which case, we must stop such processing unless we have compelling legitimate grounds that override your interest or where we need to process it for the establishment, exercise, or defense of legal claims. Where we are relying on our legitimate interests (other than marketing), we believe that we have a compelling interest in such processing, but we will individually review each request and related circumstances.

  • Right to object to marketing

to request that we stop processing your personal information for marketing purposes, on the basis of our legitimate interests. If you do so, we will stop such processing for our marketing purposes.

  • Right not to be subject to automated decision-making

to not be subject to a decision when it is based on automatic processing if it produces a legal effect or similarly significantly affects you, unless it is necessary for entering into or performing a contract between us.

  • Right to withdraw your consent

where you have consented, to withdraw your consent to our processing of your personal information, without affecting the lawfulness of our processing prior to the withdrawal of your consent. Brazilian Users also have the right to be informed about the consequences of denying or withdrawing consent.

  • Right to lodge a complaint

to lodge a complaint with a supervisory authority if you believe our processing of your personal information infringes the law.

Please note that some of these rights may be limited, such as where we have an overriding interest or legal obligation to continue to process the data. Please contact us using the information set out in Section 14. Contact Details as well as provided below, if you wish to exercise any of your rights or if you have any inquiries or complaints regarding the processing of your personal information by us.

U.S. Residents

Residents of certain states have additional privacy rights under applicable state privacy laws as described below. Section 15.b.i. includes additional information for residents of California and Section 15.b.ii provides information about the privacy rights of residents of certain other U.S. states.

  1. California Residents

Below, we provide information as required under California privacy laws, including the California Consumer Privacy Act, as amended by the California Privacy Rights Act (collectively, “CCPA”), which require that we provide California residents certain specific information about how we handle their personal information, whether collected online or offline. This section does not address or apply to our handling of publicly available information made lawfully available by state or federal governments or other personal information that is subject to an exemption under California privacy laws.

Categories of Personal Information We Collect and Disclose

Our collection, use, and disclosure of personal information about a California resident will vary depending upon the circumstances and nature of our interactions or relationship with such resident. The table below sets out generally the categories of personal information (as defined by the CCPA) about California residents that we collect and disclose to others for a business purpose.

Personal Information Collected

Categories of Third Parties to Whom We May Disclose this Information for Business or Commercial Purposes

Identifiers

Includes direct identifiers such as name, username, and alias; email, and other contact information; UID, BUID, device id, IP address, third-party platform identifiers and other online or unique identifiers

  • vendors and service providers
  • advisors and agents
  • government entities and law enforcement
  • affiliates and subsidiaries
  • advertising networks
  • data analytics providers
  • internet service providers
  • operating systems and platforms

Customer Records

Includes your account and profile information and customer records that contain personal information, such as username, name, password, customer service and support tickets and records and other information individuals provide us in order to register for or access our Services

  • vendors and service providers
  • advisors and agents
  • government entities and law enforcement
  • affiliates and subsidiaries
  • internet service providers
  • operating systems and platforms

Usage Data

Includes browsing history, clickstream data, search history, access logs, information regarding your interactions with our website, mobile app and other Services and online ads, and other usage data related to your use of the Services, game-play statistics, scores, rankings, time spent playing, click paths, etc.

  • vendors and service providers
  • advisors and agents
  • government entities and law enforcement
  • affiliates and subsidiaries
  • advertising networks
  • data analytics providers
  • internet service providers
  • operating systems and platforms

Geolocation Data

Includes location information about a particular individual or device, such as device location information for mobile game Users

  • vendors and service providers
  • advisors and agents
  • government entities and law enforcement
  • affiliates and subsidiaries
  • advertising networks
  • data analytics providers

Inferences

Includes inferences drawn from other personal information that we collect to create a profile based on your account and activities, that reflect your preferences, characteristics, behavior, attitude, and abilities related to the Services

  • vendors and service providers
  • advisors and agents
  • government entities and law enforcement
  • affiliates and subsidiaries
  • advertising networks

Do We “Sell” or “Share” Personal Information? 

California privacy laws define a “sale” as disclosing or making available to a third party, personal information in exchange for monetary or other valuable consideration, and “sharing” includes disclosing or making available personal information to a third party for purposes of cross-context behavioral advertising. We do not disclose personal information to third parties in exchange for monetary compensation. We may “sell” (as defined by the CCPA) Identifiers and Usage Data to third-party advertising networks, analytics providers, and social networks. We may “share” (as defined by the CCPA) Identifiers, Customer Records, Commercial Information, Geolocation Data, and Usage Data to third-party advertising networks, analytics providers, and social networks, as well as our Affiliates. We do not “sell” or “share” (as defined by the CCPA) sensitive personal information, nor do we “sell” or “share” any personal information about individuals who we know are under 13 years old.

Sources of Personal Information

In general, we may collect the categories of personal information identified in the table above from the following categories of sources, in addition to directly from consumers:

  • Third-party platforms
  • Third-party sites and services
  • Ad networks
  • Analytics providers
  • Internet service providers
  • Operating systems and platforms
  • Our vendors and service providers

Purposes for Collecting and Disclosing

As described in more detail in Section 3. Purposes of Use and Legal Bases of Processing for Personal Information, in general, we collect and otherwise process the above personal information in order to provide our Services to you, respond to and fulfill your orders and requests, as otherwise directed or consented to by you, and for the following business or commercial purposes:

        • Providing our Services and related support
        • Protecting the integrity of the Services
        • Analyzing and improving the Services and our business
        • Personalizing the Services
        • Advertising, marketing
        • Securing and protecting our business
        • Defending our legal rights
        • Auditing, reporting, corporate governance, and internal operations
        • Complying with legal obligations

Retention

We will retain your personal information as long as necessary for purposes for which the personal information was collected and is used by us, as stated in this Policy. If you wish to cancel your account or request that we no longer use your personal information to provide the Services to you, please contact us as set forth in Section 13. Contact Details. However, if you withdraw consent or otherwise object to our collection, use, and disclosure of your personal information, you may not be able to use the Services. Further, to the extent permitted by applicable law, we will retain and use your personal information as necessary to comply with our legal obligations, resolve disputes, maintain appropriate business records, and enforce our agreements.

Sensitive Personal Information

We collect and use certain sensitive personal information which may vary depending on the circumstances. We may collect the following categories of sensitive personal information, as indicated in the chart above: identifiers; geolocation data; protected classifications; and paper and electronic records.

We may use or disclose these categories of sensitive personal information for the following purposes:

  • To perform the services or provide the goods as reasonably expected by you;
  • To detect security incidents that compromise the availability, authenticity, integrity, and confidentiality of sensitive personal information that is stored or transmitted;
  • To resist malicious, deceptive, fraudulent, or illegal actions directed at us and to prosecute those responsible for those actions;
  • To ensure the physical safety of Users and other people;
  • For short-term, transient uses;
  • To perform services on our behalf, such as maintaining or servicing User accounts, verifying User information, and providing support to Users; and
  • With respect to a service or device that is owned, manufactured, manufactured for, or controlled by us, to verify or maintain the quality or safety, improve, upgrade, or enhance the service or device.

We do not sell your sensitive personal information to third parties, and we do not share your sensitive personal information for cross-context behavioral advertising purposes.

California Residents' Rights

California residents have the right to receive certain information about how their personal information is used and disclosed and to not be discriminated against for exercising their privacy rights under the CCPA. In addition, California residents have the right to understand the material terms of any “financial incentive” offered to them and to not be included in such without consent.

The CCPA also grants California residents the following rights (subject to certain limitations):

  • Opt out of sales and sharing: the right to opt out of our sale and sharing of their personal information.
  • Delete: subject to certain exceptions, the right to request deletion of their personal information that we have collected about them.
  • Know/access: the right to request and, subject to certain exemptions, receive a copy of the specific pieces of personal information that we have collected about them and to have this delivered either (a) by mail or (b) electronically in a portable and, to the extent technically feasible, readily useable format that allows the individual to transmit this information to another entity without hindrance. California residents also have the right to request that we provide them certain information about how we have handled their personal information, including the:
  • categories of personal information collected;
  • categories of sources of personal information;
  • business and/or commercial purposes for collecting, selling, and sharing their personal information;
  • categories of third parties with whom we have disclosed or shared their personal information;
  • categories of personal information that we have disclosed or shared with a third party for a business purpose; and
  • categories of third parties to whom the residents' personal information has been sold and shared and the specific categories of personal information sold and shared to each category of third party.
  • Correct: the right to request that a business that maintains inaccurate personal information about the resident correct that personal information.
  • Limit use or disclosure of sensitive personal information: the right to limit the use or disclosure of sensitive personal information to those uses authorized by California privacy laws. However, we do not use or disclose sensitive personal information except for the purposes described above under “Sensitive Personal Information,” as authorized by California privacy laws.

Submitting CCPA Requests to Know, Correct, and Delete

California residents may submit a request to exercise their CCPA rights to know, correct, and delete by e-mail at …

When you submit a request to know, to correct, or to delete we will take steps to verify your request by matching the information provided by you with the information we have in our records. If we are unable to adequately verify a request, we will notify the requestor. Authorized agents may initiate a request on behalf of another individual by contacting us in writing at the contact information set forth in Section 14. Contact Details. Authorized agents will be required to provide proof of their authorization and we may also require that the relevant consumer directly verify their identity and the authority of the authorized agent. We will respond to verifiable requests received from California residents as required by law.

Requests to Opt Out of Sales and Sharing

California residents may submit requests to opt out of “sales” and “sharing” as set forth below:

  • On our website: please find on our Cookies Page the list of third parties that may implement and/or access cookies on your computer or mobile device. You can opt-out from third-party cookies at any time by clicking on the link “Set Cookies” at the bottom of each webpage. Switching the checkbox to “Off” for all cookies other than “Essential cookies” will prevent third parties from using cookies to track your activity on Ubisoft websites.
  • You may also opt out of the sale of your personal information directly in the settings menu of your telephone or tablet by “Opt-out of Ads Personalization” on Android telephones.

You can also opt-out of the sale of your Data by contacting our customer support team using this support form.  

Mobile Apps: Our mobile app may include third-party targeting. You may opt out of “sales” and “sharing” (as applicable) for our mobile apps via the in-app setting for that app, which you can access from the settings menu. (See Section 6. Targeting and Advertising for more information.)

Rights Under California's Shine-the-Light Law

We do not share personal information collected online with unaffiliated third parties for their own direct marketing purposes and will not do so unless you agree to such disclosure. If you are a California resident and you still believe your information has been shared or you have general questions about how your information may have been shared, you may contact us by requesting a list of the third parties to which we have disclosed personally identifiable information about you for their own direct marketing purposes. You may make one request per year. In your request, please attest to the fact that you are a California resident and provide a current California address for your response. You may request this information in writing by contacting us via the contact details set out in Section 14. Contact Details.

Do-Not-Track Signals

Please note that our website does not recognize or respond to any signal which your browser might transmit through the so-called “Do Not Track” feature your browser might have. However, you can set your preferences for cookies on our websites as discussed in Section 5. Cookies, Analytics, and Personalization.

For more information about our privacy practices, you may contact us as set forth in Section 14. Contact Details.

  1. Other U.S. State Privacy Laws

Residents of certain U.S. states may have additional privacy rights under applicable privacy laws, including:

  • Right to Correction: to correct inaccurate personal information.
  • Right to Deletion: to delete personal information provided to or obtained by us.
  • Right of Access: to confirm whether we are processing personal information and to obtain a copy of personal information in a portable and, to the extent technically feasible, readily usable format.
  • Rights to Opt Out: to opt out of certain types of processing, including:
  • to opt out of the “sale” of personal information by us.
  • to opt out of the use and disclosure of personal information for the purposes of cross-contextual behavioral advertising.
  • to opt out of any processing of personal information for purposes of making decisions that produce legal or similarly significant effects.
  • to opt out of certain uses and disclosures of sensitive personal information by us.

You may submit a request to exercise your privacy rights to us as set forth in Section 12. User Rights and Choices. We will respond to your request as required under the applicable privacy law(s). If we deny your request, you may appeal our decision by sending us an e-mail at support@cutyfruity.de

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