1. AN OVERVIEW ON DATA PROTECTION
The following information will provide you with an overview of how we collect your data as well as the purposes we use this data for when you use our games and other services (“Services”).
The term „Personal Data” (or “Data”) comprises all data that can be used to personally identify you, either directly (such as your first and last name, your email address or your telephone number), or indirectly (such as your phone ID, cookie identifier or game data).
We are processing your Data as a controller under EU data protection laws:
Anjankuja 2 F 40
02230 Espoo, Finland (“We”)
If you have any questions or suggestions about data protection or want to reach out to our data protection officer, you can contact email@example.com
2. COLLECTION AND USE OF YOUR DATA
On the one hand, your Data is collected by you communicating it to us. This may be Data that you enter in a contact form or if you connect our Services to third-party accounts, such as Facebook or Google. Other Data is automatically collected when you download and use our Services. If you watch advertisements within our Services or those of your partners, we may also collect information about the advertisements served and how often you have viewed them, their location in the game and the identifier of your device. We and our partners may also collect information about your actions in relation to the advertisements, such as the page views, the time and the duration of the view.
In order to fully use our Services, it is necessary to provide the data listed below. Without this Data, we are not able to provide our Services in its full extent to you.
We may collect and use your Data when you:
a) Download our games and create an Account
When you download our games, we collect the time, date and install source of your download. When you first play our games, we may automatically generate a user ID (“Player ID”).
b) Use our Sevices
When you use our Services, we may automatically collect your:
- game data such as achieved game levels, rewards, completed events, virtual currency and statistics including the playtime or the use of the various features as well as the data associated with any bugs and malfunctions.
- IP address and approximate location data (derived from your IP address)
- mobile device identifiers such as your device ID advertising ID with your consent
- device data and technical data such as device type and operating system, network connection type and mobile carrier, screen resolution, device language
- user preferences and settings, such as game language, settings regarding push-notifications and in-game sound and music.
We collect this Data to provide you with access to our games, for example to your saved game and unlocked or purchased content and to improve your experience and the security of our Services.
c) Make purchases in our Services
We do not collect or store any payment information such as your credit card number. When you make purchases within our Services, we only collect Data about purchase transaction types and spend you have made using virtual items in the Services.
d) Connect our Services via social link to your friends or connect to our Services with your credentials from a third-party platform
In some of our Services you may also connect your player to third-party accounts such as your Facebook or Google account to participate in social features and highscores. You may also connect our Services to your Game Center account.
If you connect your Facebook account with our Services, the following Data is shared with us:
- Profile picture
- Friends list (optional)
If you connect your account to your Game Center account or other third-party accounts such as Google or Facebook, we may collect your user ID for the third-party services and a login token that allows you to verify your identity without re-entering your credentials for third-party platforms as long as the token remains active.
Some of our Services allow you to create an invitation link that you may send to your friends to connect directly via the Social Feature. If you share your invitation link and participate in the social features, you may choose that your friends and contacts see that you use our Services and you will also be displayed in the highscores of your friends. You can only see your friends that followed your invitation link or participate in the social feature of the same Service and also share this information with their friends and contacts.
You can cancel the connection with your Facebook account at any time by logging into Facebook and selecting the “Settings” option. The connection between Facebook and the app can be deleted under “Apps and Websites”. You can cancel the connection with your Game Center account via the settings menu in our services. To cancel the connection of our Services with your third-party accounts, you can also send a message to our Player Support Team via in-game chat or via email to firstname.lastname@example.org
e) View personalized advertisements or content within our Services or those of our partners
When you watch ads within our Services or those of our partners we may collect information such as the ad provider, the advertisement watched, the number of times it was watched, its location in the Service and the identifier of your device if you have opted in to personalized advertising. We may also collect information about your actions in relation to the advertisement. Our trusted marketing partners may collect your Data as explained in Section 4 below.
We can combine the Data collected with our partners when you use our Services. We may also use all your Data collected to offer you personalized advertisements, products, services or content via our Services or those of our partners.
If you access our Services on an iOS device, you can opt-in to personalized advertisements by allowing tracking upon first launch of our Services. If you want to opt-out to personalized advertising, you can do this via “Privacy” settings on your iOS device and “Ads” settings on your Android device. If you want to opt-out of personalized advertising, you may also consult Section 9 “Your Rights” under the paragraph “Give and withdraw your consent”.
f) Contact our Player Support team
If you send support requests to our Player Support team by email, within our Services or via messages within social media platforms, we collect and process the Data from your request and Data from your account, such as your Player ID, game data, device data and technical data. We collect this Data to appropriately respond to your requests.
When you send support requests directly via email into our Services, your provided Personal Data will be transmitted to our help desk.
The Data sent by you to us via contact requests remains with us until you request us to delete, revoke your consent to the storage or the purpose for the Data storage lapses. Mandatory statutory provisions in particular statutory retention periods remain unaffected.
3. STATISTICS AND ANALYTICS
To improve the features and design of our Services we may analyze all collected data. The analyses of your usage Data are usually conducted anonymously; i.e. the patterns cannot be traced back to you.
4. ADVERTISING NETWORKS
We use third-party analytical tools to deliver advertising and content relevant to your interests.
This collected information includes, but is not limited to installation Data, in-app events, language, platform, device type, operating system version or device IDs such as advertising IDs and usage information.
5. DISCLOSURE OF DATA
We may share your Data with:
- The technical service providers involved in the supply of the Services. As subcontractors, these service providers are under the same obligations as WRAPICE to comply with applicable data protection laws.
- The partners who use your Data to provide you with personalized advertisements or Personalized Content.
- Other companies, only in the event of a transfer of WRAPICE activities.
- Administrative or judicial authorities to verify the proper use of our Services or for the purposes of an investigation, in compliance with applicable law. WRAPICE always verifies the legitimacy of the request.
In such cases, your Data may be transferred to countries located outside of the European Union who provide an equivalent level of protection. In the event of transfer to other countries, the protection of your Data is especially ensured by the signature of standard contractual clauses approved by the European Commission.
6. DELETION OF YOUR DATA
Unless the law specifies a different retention period, we will delete or anonymize your personal information as soon as it is no longer needed for the purposes for which we collected or used it in accordance with the preceding paragraphs. If Data must be kept for legal reasons, they are blocked and no longer available for further use.
7. BASES OF DATA PROCESSING
We may use your Data in one of the following circumstances:
- The existence of a contract between us to provide you with Services. You enter into this contract with us by accepting our Terms and Conditions.
- Our legitimate interest (or reasonable expectations of users), to offer you the best possible user experience, such as to ensure the security of the Services, moderate the community or respond to your requests and questions.
- If it is required to comply with a legal obligation or document compliance with legal obligations.
- Your consent to offer you advertisements, products, services or personalized content depending on your user profile.
8. AGE LIMITS
To use our Services you must confirm full legal capacity or, in case of restricted legal capacity, obtain the consent of your legal guardian. We do not knowingly collect or ask for personal information from children. In case you can’t confirm full legal capacity, please do not send us any Data about yourself, including name, address or email address. If we learn that we have collected Personal Data of a child, we will delete these as soon as possible. If you think that we might have Data from a child, please contact us at email@example.com
However, we may collect technical information required for delivering the Service and for the support of our internal operations from all users of our Services. For more information, please see the article on the access and terms specific to minors in our Terms and Conditions
9. YOUR RIGHTS
Obtain a copy of your Data – “Right of access and data portability”:
At any time, you can request a copy of your Data. You may also consult the Data, use it yourself or transfer it to another service provider.
Correct your Data – “Right to rectification”
You have the right to correct your Data when it is inaccurate or incomplete (for example, change your address).
Delete your Account – “Right to erasure (right to be forgotten)”
You can request the closure of your Account and the deletion of the associated Data.
Limit the use of your Data – “Right to restriction of processing”
You also have the right to request that your Data no longer be used or not be deleted during the time we are processing your request.
Give and withdraw your consent – “Right to object and withdraw your consent”:
At any time, you may withdraw your consent or object to the receipt of newsletters and advertising emails, the personalization of advertisements or the sharing of your Data with our partners (except for technical service providers) by email request to firstname.lastname@example.org
We will not discriminate against and, therefore, not deny requests without legal reason, provide a different level of service or charge different prices to players that choose to exercise their rights.
If you feel that your rights have not been respected after having contacted us, you have the right to make a complaint to the competent supervisory authority. For the state of Espoo.
Last updated: April 04th, 2023
1 General Provisions
- 1.1 WRAPICE, Anjankuja 2 F 40, 02230 Espoo, Finland (hereinafter, “WRAPICE”) develops and publishes mobile applications (“Games”) that can be downloaded from the App Stores of various providers and provides services related to the Games (“Services”).
- 1.2 The Games are only offered to consumers persons who conclude a legal transaction for purposes which can predominantly neither be attributed to their commercial nor their self-employed professional activity.
- 1.3 All Games made by WRAPICE are provided exclusively on the basis of these General Terms and Conditions. Any general terms and conditions of the user shall expressly not form part of the agreement, even if WRAPICE does not expressly object to their applicability.
- 1.4 These General Terms and Conditions are displayed when downloading each Game, within the Game, on the company website (https://wrapice.com/) and the Game-specific websites.
2 Conclusion of contract, term, termination
- 2.1 The user confirms to have full legal capacity and, in the case of restricted legal capacity, to have obtained the consent of his/her legal guardian.
- 2.3 In addition to the possibility of free use, WRAPICE also offers additional paid content, e.g. virtual items and power-ups (premium content). The use of the premium content is voluntary and forgoing such use does not restrict other use of the Game. The cost obligation will be indicated separately in the Game. For the acquisition and use of such premium content, the provisions of Section 4 of these General Terms and Conditions as well as any separate terms and conditions of use of the App Store providers shall apply in a supplementary fashion. If premium content has a defined duration (e.g. activation of certain premium functions for one month), ordinary termination (also of the contract for free use) shall be excluded during this period. To clarify, ordinary termination shall be possible if the user has purchased premium content without a fixed term (e.g. one-time or permanent power-ups), even if these have effects on the entire further period of use.
- 2.4 WRAPICE continuously updates, changes and adds content to the Games and Services at its own discretion. Users can therefore only participate in the game, service or other offering in its then-current form.
- 2.5 In the event of ordinary termination by the user or termination by WRAPICE for good cause, no reimbursement of paid fees shall take place. WRAPICE shall be entitled to continue to charge all outstanding fees for premium content already purchased.
- 2.6 The user may not transfer this agreement to third parties. In the event of a breach of this provision (account transfer), WRAPICE shall be entitled to terminate the agreement without notice, including agreements on premium content. In such event, a prorated refund shall also be excluded.
- 2.7 The statutory right to extraordinary termination of this Agreement without notice for good cause shall not be affected.
3 Account and user data
- 3.2 The user must select secure access credentials and not make such data available to third parties. WRAPICE is not responsible for any damage resulting from the breach of this duty. In the event of suspected abuse, WRAPICE shall be entitled to temporarily block access to the Game in question.
- 3.3 If the user can select a username in the Game, this must not violate applicable laws and/or these General Terms and Conditions. WRAPICE shall be entitled to change the name in the event of a breach of this provision, either at the instigation of a third party or on its own initiative. No separate justification for the name change shall be necessary. The user has no claim to a specific name. Other rights of WRAPICE in the event of a breach of this provision shall not be affected.
4 Premium content
- 4.1 The contract for additional premium content shall only be concluded if the user clicks on the “Pay” or “Order for a fee” button in the shop area of the Game (exact labelling may vary for in-app purchases depending on the App Store). The contract shall be accepted by WRAPICE (or on its behalf by the respective App Store provider) by sending an order confirmation via message or email, or by actually providing the respective premium content. The fee shall be payable in advance upon acquisition of premium content.
- 4.2 A refund after the purchase of premium content can only be made within the scope of statutory consumer rights or the statutory right of revocation with due regard to the respective elements of exclusion.
- 4.4 If currencies are simulated in the Games (hereinafter, “Premium Points”), these represent premium content or units of measurement for the scope of the license to use the Game in question, and not real money. If such Premium Points can be earned both through Game play and as premium content, the units purchased in return for payment will always be used first when such Premium Points are used. Premium Points may only be converted back into real money if the operation of the Game as a whole is permanently discontinued. In such an event, the fee paid for Premium Points shall be refunded insofar as the corresponding Premium Points have not yet been used to activate Game content.
- 4.5 The user shall be responsible for cancellations or chargebacks which the user itself has caused, e.g. due to insufficient account coverage. The user shall normally bear the costs arising therefrom. WRAPICE shall be entitled to collect these costs together with the original fee from the user’s means of payment. The user shall reserve the right to prove that any damage did not occur or did not occur to the value of the requested amount.
- 4.6 If the user defaults on payment, WRAPICE may, irrespective of the continued obligation to pay, block access to the Game and demand the default interest stipulated by law.
- 4.7 WRAPICE may offer new premium content, change existing premium content and discontinue premium content. Permanent premium content already purchased (virtual items), which are removed from the Game, may in this case be used within a transitional period or exchanged for new premium content. Further claims of the user shall be excluded.
- 4.8 For purposes of clarification: All claims of the user with respect to the premium content, particularly with respect to copyrights, warranty for defects and damage compensation, shall be asserted against WRAPICE (and not against the App Stores).
- 5.1 Certain features of the Games might be available through a subscription. Subscriptions may be available at different fees chargeable for a set period specified in the Games (“Subscription Period”). If you order a subscription, you must ensure that all the information you submit is true and accurate and that you have appropriate parental or guardian consent if you are under 18 years of age.
- 5.2 The user can manage subscriptions and turn off auto-renewals in the respective device’s account settings.
- 5.3 WRAPICE reserves the right to alter the amount and/or terms of the subscription fees at any time. Additional information to price changes can be found in the terms of the respective platform.
- 5.4 Additional information on payment and use of subscriptions can be found in the terms of the respective platform:
Google Play Store: https://play.google.com/about/play-terms/index.html
Apple App Store: https://www.apple.com/legal/internet-services/itunes/
6 User obligations
- 7.1 When using the Games, the user may not use any other software or other routines that could interfere with the systems of WRAPICE or other users. This includes actions that could lead to an unreasonable overloading of the systems of WRAPICE. The use of special software, particularly for systematic or automatic control of Games, is prohibited.
- 7.2 The user may not use any software or exploit any programming errors that lead or could lead to obtaining premium content in the Games or other unintended benefits for the user without having concluded a premium agreement, the user thus becoming obliged to pay the fee for such premium content. In the event of unjustified acquisition of premium content, WRAPICE may delete or deactivate the unjustified premium content or other benefits. For the purposes of clarification: The above shall not apply if premium content can be acquired as a reward for certain Game actions.
- 7.3 In connection with the services of WRAPICE, the user may not use any software that enables “data mining” or otherwise collects information in connection with the Games.
- 7.4 The user may not use, buy for real money (except through the App Stores), sell, trade, or attempt to use Premium Content outside the Game.
- 7.5 When using any communication functions within the Games, the user must comply with all applicable laws and must not infringe the rights of third parties. In addition, certain content is undesirable in the Games because it contradicts the character of the Games as family entertainment media. In concrete terms, this means that users may not:
- use, post or publish any harassing, threatening, disturbing, insulting or defamatory, discriminatory, political, immoral, pornographic, morally reprehensible, offensive, violent, sexist, extreme right-wing or left-wing content or content that glorifies violence or violates laws, particularly laws for the protection of minors, or link to corresponding material on a third party website or advertise, offer or distribute such content or products that violates laws, particularly laws for the protection of minors;
- and publish, duplicate, make publicly accessible or disseminate content protected for the benefit of third parties without a corresponding license, in particular infringe upon industrial property rights, advertise, offer or distribute goods or services, commit or promote anti-competitive acts, request other users to provide personal data for commercial or illegal purposes or to provide access data, organize or advertise commercial activities and sales of third parties, duplicate an image of another person or make it publicly accessible without the written consent of the person concerned, or publish personal data and confidential data without being entitled to do so.
- 7.6 WRAPICE shall be entitled to delete content that violates applicable law and/or these General Terms and Conditions.
- 7.7 The user may only use the Games for private purposes, unless WRAPICE has given its express prior written consent to any other use in individual cases.
- 7.8 Any breach of these General Terms and Conditions may lead to termination for good cause. In lieu of such termination, WRAPICE may, at its sole discretion, announce measures or take sanctioning measures of any kind to enforce the provisions of these General Terms and Conditions. In particular, this shall include declaring a temporary or permanent virtual ban from the systems, warning the user of their temporary or permanent exclusion of the user from individual Game functions.
- 7.9 Users shall be obligated to regularly back up all their data on the devices on which they use the Games in a manner appropriate to the risk.
7 Rights, indemnity
- 8.1 WRAPICE grants the user a non-exclusive, non-transferable and non-sublicensable right of use for private use with respect to the respective Game for the duration of the contract. This shall include multiple downloads to the device(s) linked to the respective account in the respective App Store. Furthermore, the Game may not be reproduced, distributed, publicly performed, broadcast or made publicly accessible on the Internet or via a network, edited or stored on data carriers. It may also not be used or exploited commercially. In addition, decompilation, disassembly and reverse engineering shall be prohibited, unless expressly permitted by law.
- 8.2 If the user sends WRAPICE feedback, suggestions and/or ideas (collectively referred to as “Feedback”) regarding the Game or possible enhancements or new developments of Games, WRAPICE may incorporate such Feedback into its Products and/or incorporate such Feedback into the further development of its Products and use such Feedback as part of the Products, or otherwise publish, edit, use and exploit such Feedback. The user grants WRAPICE, free of charge, the permanent, non-exclusive, spatially unlimited, royalty-free, transferable and sub-licensable right to reproduce, edit, distribute, distribute and make publicly available (in whole and/or in part, and in each case also with respect to adaptations thereof) and otherwise to exploit all Feedback provided by the user. WRAPICE shall not be obliged to respond to Feedback and/or to use or exploit it. The user waives all possible copyrights in connection with the possible use and exploitation of the Feedback.
- 8.3 The user shall indemnify WRAPICE against all claims, including damage compensation claims, asserted by third parties due to an infringement of their rights by the user’s conduct or the content or data posted. The user shall also be obliged to reimburse the reasonable costs incurred as a result thereof, particularly the costs arising from any legal defense that may be required (including lawyers’ fees customary for the market, which shall not be limited to the statutory fees). This shall not apply if the user is not responsible for the infringement. All further rights and claims of WRAPICE shall not be affected.
8 Warranty, liability
- 9.1 Insofar as WRAPICE provides services free of charge, no warranty claims shall exist and WRAPICE shall only be liable in accordance with the provisions of law for intentional and gross negligence; WRAPICE shall only be liable for defects if it has fraudulently concealed them.
- 9.2 WRAPICE reserves the right to update, modify and develop its Games and Services on an ongoing basis at its sole discretion, as well as to discontinue the operation of a game or to discontinue and/or remove certain Services for economic and/or technical reasons, or to improve and/or personalize the user experience of games and/or services.
- 9.3 If services are rendered in return for payment, the warranty claims of the user shall be governed by the provisions of law, unless stipulated otherwise in this Section 9.3. WRAPICE shall not be liable for any non-performance or delay in the performance to the extent that the cause thereof is beyond its reasonable control.
- 9.3.1 WRAPICE does not guarantee the error-free provision of its Games or Services. It is recommended to always install the latest version of the game.
- 9.3.2 The statutory liability of WRAPICE for damage compensation and reimbursement of futile expenses shall be unrestricted only in the event of intentional action or gross negligence, in the event of negligent or intentional injury to life, limb or health, due to the assumption of a guarantee (which must be expressly designated as such in order to constitute a guarantee in the legal sense), and due to mandatory liability under the Product Liability Act. “Material contractual duties” shall mean duties whose fulfilment initially enables the achievement of the contractual purpose and on whose compliance the parties may therefore normally rely.
- 9.3.3 In events other than those referred to in Section 9.2.2, WRAPICE shall only be liable for minor negligence in the event of a breach of a material contractual duty. Otherwise, WRAPICE shall not be liable for minor negligence.
- 9.3.4 The damage compensation for the minor negligent breach of material contractual duties in accordance with Section 9.2.3 shall be limited to the foreseeable damage typical in contracts.
- 9.4 To the extent WRAPICE is liable for data loss on the merits in accordance with the foregoing, the amount of such liability shall also be limited to the costs that would have been necessary to restore the data if the user had made reasonable regular data backups.
9 Modifications of these General Terms and Conditions
- 9.1 WRAPICE reserves the right to amend these General Terms and Conditions and other terms and conditions with effect for the future in accordance with this Section 10.
- 9.2 WRAPICE shall notify you in writing (e.g. by message within the Game or by e-mail) at least four weeks in advance of any changes for necessary reasons, e.g. for reasons relating to the expansion of services or changes to the Games, amendments to laws or legal rulings or other equivalent reasons that do not affect the main performance duties of the parties. These General Terms and Conditions shall then be deemed approved if the user does not object in writing or in text form within four weeks of receiving this information. The time limit for objection and the consequences of silence shall be indicated separately in the notice.
- 9.3 Changes other than those mentioned in Section 9.2 shall require the user’s consent, which can be requested at the start of the next Game.
- 9.4 If there is an objection in accordance with Section 9.2 or no consent given in accordance with Section 9.3, the user shall retain the right to use the current version of the Game. However, WRAPICE may make the use of an extended version of the Game subject to approval of the modification of these General Terms and Conditions.
10 Applicable law, jurisdiction
- 10.1 If the user is resident in another member state of the EU, this choice of law shall not result in the mandatory consumer protection regulations of his or her home country being rescinde
- 10.2 For disputes with the user, the statutory place of jurisdiction shall apply, provided the user has a general place of jurisdiction in Finland. If the user has moved his or her domicile or habitual place of residence from Finland after concluding the contract or if his or her domicile or habitual place of residence is not known at the time the action is filed, Helsinki shall be the place of jurisdiction.
Updated: April 23th, 2023