Privacy Policy

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Updated 14th July 2020

1. Who are you and what is this Privacy Policy about?

Mind Candy Ltd is a UK family entertainment company that creates extraordinary brands with online games at their heart.

We know that you care about how your Personal Information is used and shared and we care about that too.

From the 25th May 2018, new European data protection laws known as the General Data Protection Regulation (GDPR) came into effect. It is a comprehensive European data protection law that provides greater data rights for individuals which benefits all our users. Our Privacy Policy tells you how we look after, use and share the Personal Information that we collect from you and also how you can manage your consent; as well as action your rights. Please read this carefully. Unless we tell you or you agree, we do not share your Personal Information with anyone.

When you use any of our Services, you are agreeing to our Privacy Policy, but using the tools laid out in this policy you can manage your consent at any time. In terms of responsibility, Mind Candy Ltd is the 'Data controller'

2. How do you protect my Personal Information?

We are serious about guarding the security of your Personal Information and use a secure server to store your Personal Information. However, like everyone else, we cannot guarantee complete security. We use industry standard organisational and technical security measures to protect your data against unauthorised disclosure or processing.

Where you are required to choose a password for your account, you are responsible for keeping that password confidential. This means you should limit access to your computer or device and sign off after you have finished accessing your account. If you think someone has access to your password or unauthorised access to your account, please inform us immediately at info@mindcandy.com.

We are not responsible for the misuse of your account or information where you have not kept your password confidential or not reported a breach of security.

3. What information do you collect about me?

Information you give us (Submitted Information): You may give us information when you register with us, log into our Services, fill in forms, contact us by email, provide feedback and enter our competitions or promotions. This may include:

  • your name

  • email address

  • telephone number

  • address

  • user name

  • location

Depending on your privacy settings, we may also receive information from social networks you choose to connect with via our Services, e.g. your profile information from Facebook. If you buy something from us, we may need your address and payment information.

You may choose whether or not to give some information to us. However, not providing certain information may mean you cannot enjoy all or parts of our services. 

Information that is automatically collected: Whenever you interact with our Services, we automatically record information from your browser or device. This may include:

  • your IP address,

  • your session ID or app ID

  • your subscription information

  • your device information (e.g. device type/model), and mobile operating system version;

  • your use of our apps, your visits to our sites, your activity on our Services, including traffic data and cookie information (Log Information); and

  • some of our Services may use location information transmitted from your device (where you have set your device settings to allow this) (Location Information).

4. How will you use the information about me?

We use the information held about you to make our Services the best possible experience for you. For instance, we may use your information to: 

  • Submitted Information:

  • customise the Services you choose to receive

  • allow you to connect with your friends on the social networks that you choose to connect through

  • carry out our obligations to you, such as delivering any Services or physical products that you have bought

  • manage your account and respond to your queries

  • contact you with important service announcements

  • if you agree, contact you about other Services and products from Mind Candy that we think may be of interest to you

  • if you agree, contact you with advertising from other businesses

Device Information:

  • optimise and present the Services in the most effective manner for your device and operating system

  • carry out research and analysis, training and quality assurance

Log Information:

  • maintain, protect and improve our Services

  • carry out research and analysis, training and quality assurance

Location Information:

  • We only use location information in a way that is necessary to provide the Services and deliver the products that you want. If you have not allowed your location information to be sent (through the settings menu on your device), then location information will not be sent. 

We may also use any of this information to meet our legal and regulatory obligations and protect our legitimate interests.

5. To whom will you disclose my Personal Information?

Mind Candy will not share your Personal Information for marketing purposes with companies outside the Mind Candy group of companies, unless you have given us permission to do so. However, we may share your information in the following ways:

  • We may display your chosen profile information along with your activity levels on our Services, to friends with whom you have connected. Your other Personal Information cannot be seen by other users unless you post it in areas accessible by other users

  • We may share your Personal Information, where appropriate, with any member of our group of companies

  • We work with trusted partners to perform tasks on our behalf and we may need to disclose your Personal Information for them to provide services or deliver products to you. However, these companies are bound by confidentiality obligations and do not have any independent right to use your Personal Information beyond what is necessary to assist us. These service providers are 'data processors'

  • When the law requires us to disclose your information, we will comply

  • When we need to enforce our Terms of Service, investigate fraud, reduce credit risk, exercise our legal rights or defend against legal claims

  • When it is necessary for the protection of a person’s wellbeing or property and when obtaining your prior consent is difficult

  • If there is a change in the ownership of Mind Candy or any of its assets, we may disclose Personal Information to the new or prospective investor. If we do so, we will notify you before your Personal Information becomes subject to a different privacy policy

  • Mind Candy may display targeted advertisements based on anonymised information, personally identifiable information or information you make publicly available, except for users within the EEA(EU) where we will seek consent to use personally identifiable information. This consent can be managed at anytime using the consent manager at the bottom of our websites or within the settings of your device or within our apps. No Personal Information will be provided to the advertiser directly by Mind Candy when you interact with or view a targeted advertisement. However, by interacting with or viewing an advertisement you are consenting to the possibility that the advertiser will collect data from you and/or make the assumption that you meet the targeting criteria used to display the advertisement.

6. Services we use

Mind Candy, like many other website and app operators, uses analytics to analyze our users to improve the performance and quality of our online services. The third-party service providers performing these services on our behalf, are listed below:

  • Google Analytics

  • Facebook Analytics

  • Adjust Analytics

We may also engage other third parties to perform services in connection with the operation of our websites and apps . Each of these third parties is contractually obliged to protect the security of any information we share with them, and limited in their use of the information to the services being provided solely to Mind Candy.

  • Google Cloud Services: Data storage

  • Internet service provider (ISPs): Your IP address is shared with ISPs to ensure legal or regulatory compliance.

  • HotJar: Analytics & Feedback

  • Mixpanel: Marketing emails & website popup messages

  • Delighted: Online surveys

  • Formstack: Competition entries

  • Mailchimp: Marketing emails

  • Salesforce Desk: Customer service platform

  • Tatari: Data & analytics company focused on buying and measuring ads across linear and streaming TV.

 

7. Will I receive marketing information from you?

We would like to send you information about our Services and products that may be of interest to you. If you don’t like this, we are happy to stop at any time. Just click on the ‘unsubscribe’ link if provided or contact us at info@mindcandy.com. On mobile devices, you can manage notices you receive about our Services by using the settings on your device.

8. How do I access or change my Personal Information?

If you want to see, or change, your Personal Information, go to ‘my profile’ or your account settings or contact us at info@mindcandy.com. Please note that certain information cannot be changed once you have entered it. For instance, there should be no reason for a user to change their date of birth, if inputted. This is to discourage users from engaging in unlawful activities.

In certain jurisdictions, you may be entitled to request access to Personal Information we hold, by writing to us at privacy@mindcandy.com or at our postal address (see below).

9. How long do you keep my Personal Information for? How can I delete it?

We store your Personal Information for as long as your account is active and for as long as is required solely for our business purposes. Data older than two years will be removed or anonymised. Web server logs are deleted after 30 days.

If you wish to delete an account, you can do so by following instructions within the relevant Service, and/or by contacting info@mindcandy.com. If you wish to delete the Personal Information that we hold on you, you may do so by contacting us at privacy@mindcandy.com. When you do this, we will deactivate your account and/or delete or anonymise (which means you cannot be identified from the information) relevant Personal Information, unless we have to retain it for legal reasons.

Some of the things you do on our Service are not stored in your account, like sending someone a message (where your friend may still have a message you sent, or may resend it, even after you delete your account). This information may remain after you delete your account.

10. Your right to object / Right to be forgotten

You have the right to object to certain purposes for processing, in particular to data processed for direct marketing purposes and to data processed for certain reasons based on our legitimate interests. You also have the right to have your personal information erased (the “right to be forgotten”). You may do so by contacting us at privacy@mindcandy.com

11. What are cookies? Do you use cookies?

Click here to review or change your cookie consent

Or view our cookie statement here.

12. Where is my Personal Information?

We currently do not transfer your Personal Information outside of the European Economic Area. If we do in future, we will ensure that we do so in accordance with this Privacy Policy, including ensuring that we put in place the legally required adequate level of protection.

13. Does this Privacy Policy apply to services, apps or websites provided by other companies?

Our Services may contain links to other apps or websites. Our Privacy Policy applies only to how Mind Candy uses your Personal Information. If you disclose your Personal Information to other companies, they are responsible for their use of your information.

14. What about Personal Information of children?

The Moshi Twilight app is designed for parents and does not collect directly identifiable personal information, but we may collect indirect identifiers.

If you are younger than 16 years of age, you must get consent from your parents or legal guardians before you provide any Personal Information to us. We may also separately contact your parents or legal guardians to get consent and verification.

If you believe we may have personal information about a child under 16 that was not provided with parental consent, please contact us at privacy@mindcandy.com.

15. Changes to our Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of such changes by posting an announcement on our Service. You are bound by any changes to our Privacy Policy when you use our Service after you are notified of these changes.

16. How do I contact you?

Please contact us if you have any questions about information we hold about you or about our Privacy Policy:

·   Send an email to privacy@mindcandy.com

·   Write to us at Mind Candy Limited, 4th Floor Bonhill Building, 15 Bonhill Street, London EC2A 4DN, United Kingdom

17. What does it mean?

‘Personal Information’ means anything that can be used to identify you, including information you give to us when you register and anything that we collect as you use our Services.

“Service” or “Services” means the products and services provided by Mind Candy, including our physical products, online games, applications, mobile applications, our websites and any other online, offline and/or mobile products and services on or via any platform or technology.

18. Information for California Consumers

If you are a California resident, California law requires us to provide you with some additional information regarding how we collect, use, and share your “personal information” (as defined in the California Consumer Privacy Act (“CCPA”)).

 Categories of personal information we collect.  Throughout this Privacy Policy , we discuss in detail the specific pieces of personal information we collect from and about users.  Under the CCPA, we are also required to provide you with the “categories” of personal information we collect.  The categories we collect are:  identifiers (such as name, address, and email address); commercial information (such as your app purchases with us); general geolocation information (e.g., your city and state based on IP address or precise location, with your consent); and other information that identifies or can be reasonably associated with you.

Do Not Sell My Personal Information

How we use these categories of personal information

We and our service providers may use the categories of personal information we collect from and about you for the following business and commercial purposes (as those terms are defined in applicable law): 

  • Our or our service provider’s operational purposes;

  • Auditing consumer interactions on our site;

  • Detecting, protecting against, and prosecuting security incidents and fraudulent or illegal activity;

  • Bug detection and error reporting;

  • Customising content that we or our service providers display on the Services (e.g., contextual ads);

  • Providing the Services, including account servicing and maintenance, customer service, advertising and marketing, analytics, and communication about the Services;

  • Improving our existing Services and developing new services (e.g., by conducting research to develop new products or features) ;

  • Other uses about which we notify you.

Examples of these types of uses are discussed in our main Privacy Policy.  We may also use the categories of personal information for compliance with applicable laws and regulations, and we may combine the information we collect (“aggregate”) or remove pieces of information (“de-identify”) to limit or prevent identification of any particular user or device.

Categories of personal information we disclose for business purposes

As explained in further detail in this Privacy Policy, Mind Candy may disclose the following categories of information about you or your use of our services for business purposes (as defined by applicable law) or as required by applicable law:

Identifiers (such as name, address, email address); commercial information (such as transaction data);internet or other network or device activity (such as browsing history or app usage); geolocation information; biometric information; sensory information (such as audio or visual information); and other information that identifies or can reasonably associated with you.

Sale of Personal Information

California residents may opt out of the “sale” of their personal information. California law broadly defines sale such that it may include allowing third parties to receive certain information, such as cookies, IP address, and/or browsing behavior for Moshi’s marketing and analytics purposes. Depending how you use our Services, we may have sold (as defined by California law) the following categories of personal information about you in the last 12 months to our analytics and marketing partners: internet and network or device activity.

If you are a California resident and would like to opt out of the sale of personal information from your use of our Website, you may do so as outlined on the following page: Do Not Sell My Personal InformationIf you would like to opt out of the sale of data related to our mobile application, you may do that in the privacy settings of the app.

Your California Privacy Rights

If you are a California resident, you may have certain rights.  California law may permit you to request that we:

  • Provide you the categories of personal information we have collected or disclosed about you in the last twelve months; the categories of sources of such information; the business or commercial purpose for collecting or selling your personal information; and the categories of third parties with whom we shared personal information.

  • Provide access to and/or a copy of certain information we hold about you.

  • Delete certain information we have about you.

  • Where applicable, opt-out of any sales of your personal information.

  • You can also opt-out of analytics within the app settings.

You may have the right to receive information about the financial incentives that we offer to you (if any). You also have the right to not be discriminated against (as provided for in applicable law) for exercising certain of your rights. Certain information may be exempt from such requests under applicable law. For example, we need certain types of information so that we can provide the Services to you and for compliance with applicable law. If you ask us to delete certain information, you may no longer be able to access or use the Services.

If you would like to exercise any of these rights, please email us at info@mindcandy.com. You will be required to verify your identity before we fulfill your request. To do so, you will need to provide information on your account or a form of ID.

You can also designate an authorized agent to make a request on your behalf. To do so, you must provide us with written authorization or a power of attorney, signed by you, for the agent to act on your behalf. You will still need to verify your identity directly with us.