nerByte | Privacy Policy

Privacy Policy

Last updated October 5, 2021

You can find our Terms of Use here: Terms of Use

You can find our Cookie Notice here: Cookie Notice

Your right to privacy is one of our primary concerns. This Privacy Policy applies whenever you play our games or otherwise access any of our other products, services, content and/or website www.nerByte.com (together, our “Services”). This Privacy Policy describes how nerByte collects, uses and discloses information about you collected through our website and Services.

BY INSTALLING, USING, REGISTERING TO OR OTHERWISE ACCESSING OUR SERVICES, YOU AGREE TO THIS PRIVACY POLICY AND GIVE AN EXPLICIT AND INFORMED CONSENT TO THE PROCESSING OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, YOU MAY NOT PLAY NERBYTE’S GAMES OR OTHERWISE USE OUR SERVICES.

nerByte reserves the right to periodically modify this Privacy Policy. We encourage you to review the Privacy Policy from time to time for the latest information on our privacy practices. If we make any changes to the Privacy Policy, we will revise the date at the top of the Privacy Policy with an updated revision date. Please note that your continued use of our Services will signify your acceptance of any updates to this Privacy Policy.

Who we are

nerByte GmbH develops and publishes games for mobile devices. “nerByte”, “we” or “us” refers to nerByte GmbH.

The terms “personal information” or “personal data” as used in this Privacy Policy shall mean any information that enables us to identify you, directly or indirectly, by reference to an identifier such as your name, identification number, location data, online identifier or one or more factors specific to you.

For the purposes of the EU General Data Protection Regulation 2016 (the “GDPR”), nerByte GmbH is the “controller” and responsible for your personal information.

Changes to this Privacy Policy

Information Collection

Information You Provide

We collect information that you voluntarily provide nerByte, such as when using our Services or registering an account with us, participating in a promotion or survey, requesting customer support or otherwise communicating with us. The type of information that we may collect includes your first and last name, email address, geo-location, password, or other identifying information you choose to provide. We do not collect credit card information or government ID numbers.

Information We Collect Automatically

When you use our Services, we automatically collect information about you, including:

Device information: We collect device specific information when you access our Services from a mobile device, including your hardware model, operating system and version, unique device identifiers, device software platform and firmware, data about usage of our Services while connected to devices that you authorize us to integrate, geographical data and mobile network information, and other anonymous or aggregated data as reasonably required by nerByte to enhance our Services and products.
Use Information: We collect information about your use of the Services, including the type of browser you use, access times, pages viewed, game play activity, interactions with other players, your IP address and the page you visited before navigating to our Services

Information Collected by Cookies and Other Tracking Technologies: We, and our partners acting on our behalf, use cookies, web beacons, and similar technologies to collect information about the pages you view, your movements around our website, the links you click and other actions you take on our Services. We may also use this technology to gather demographic information about our user base as a whole. We may receive reports from our partners (e.g. Google Analytics) providing us with this collected information on an individual and aggregated basis based on your use of our Services. You can control the user of certain cookies at the individual browser value. Please review your browser or device setting for more information. If you reject cookies, you may still use our website and Services, but your ability to use some features may be limited. Web beacons are electronic images that may be used in our Services or emails to help deliver cookies, count visits, understand usage and campaign effectiveness, and determine whether an email has been opened and acted upon. We also use mobile analytics software to allow us to better understand the functionality of our mobile software on your devices. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. For more information about how we use cookies and similar technologies, please see our Cookie Notice.

Subscription Terms
nerByte may use Apple Inc.’s billing software to process purchases of, and paid subscriptions to, nerByte Apps made through the iTunes Store. As a result, when arranging your purchase via your mobile device or through the iTunes Store, you may be asked to provide personal information to Apple Inc., such as your name, email address or zip code (for billing purposes). This information is collected via Apple as part of it’s subscription process. It is neither collected nor used by nerByte.

How we use your information

We may use and retain the information that we collect about you for various purposes, in accordance with this Privacy Policy and the applicable law.

We will process your personal information for the following purposes as necessary for certain legitimate interests, or where you have given your informed consent to such processing if required by applicable law (such consent can be withdrawn at any time):

Personalize our Services to you;

Manage and deliver contextual and behavioral advertising;
Notify players of in-game updates, new products, promotions, and/or other marketing communication; and
Monitor and analyze usage and trends in connection with our Services;

We will process your personal information for the following purposes as necessary in our legitimate business interests, (provided such interests are not overridden by your interests or fundamental rights):

Operate, improve, and optimize our Services;
Protect safety and well-being of our players;
Protect our legal rights and property in connection with our Services;
Prevent fraud or potentially illegal activities and enforce our Terms of Service;
Investigate potential violations of our policies and Terms of Service;

Comply with our legal obligations, resolve disputes that we may have with you or other players, and to enforce our policies and agreements including our Terms of Service with third parties;
Conduct research; and
Carry out any other purpose for which the information was collected.

We may process your personal information in order to protect your vital interests or the

vital interests of another person.

Data processing in the United States

nerByte is headquartered in Austria. By accessing or using the Services or otherwise providing your information to us, you acknowledge that your personal information may be accessed by us or transferred to us in Austria and to our affiliates, partners, and service providers who are located around the world; and that your personal data will be transferred to, and stored and processed in, the Austria or elsewhere in the world where our servers are located.

If you are based in the EU, we will only process your personal information for a purpose described in this Privacy Policy if (1) you have provided your consent (which can be withdrawn at any time), (2) the processing is necessary for the performance of a contract we are about to enter into or have entered into with you, (3) we are required by law, (4) processing is required to protect your vital interests or those of another person, or (5) the processing is necessary for the purposes of our legitimate commercial interests (except where such interests are overridden by your rights and interests).

How we share your information

We may share and transfer your information (both inside and outside the country you live in) as provided in this section or as otherwise described in this Privacy Policy.

Non-Personal Information

We may use, disclose to our partners and vendors acting on our behalf; or to publish aggregated, anonymous information about our players for industry analysis, demographic profiling, marketing, analytics, provision of advertising, and other business purposes.

Personal Information

We may share your information, including personal information, with third parties or allow third parties to collect this information from our Services, as follows:

With your consent or at your direction and in some ways not specifically described in this Privacy Policy, including if we notify you through our Services that the information you provide will be shared in a particular manner and you provide such information;
We may use third party service providers such as credit card processors, email service providers, shipping agents, data analyzers and business intelligence providers; when we transfer any of your personal information to such a third party service provider, that entity will be contractually required, among other things, (a) to use such information only to carry out those services that we have requested, (b) to abide by this Privacy Policy, and (c) to provide adequate protection for such information (as required by applicable legal requirements);
We may disclose personal information in response to a request for information if we believe disclosure is in accordance with any applicable law, regulation, or legal process; or is otherwise required by any applicable law, rule or regulation;
We may disclose your personal information if we have a reason to believe that a disclosure is necessary to address a potential or actual injury or interference with our rights, property, operations, users or other who may be harmed or may suffer loss or damage, or we believe such disclose is necessary to protect nerByte’s rights; or
In connection with, or during negotiations of any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

Managing your information

nerByte does not verify the accuracy of your personal information and the correctness of this information is solely your responsibility. However, we make good faith efforts to enable you to update, confirm, or delete (or otherwise de-identify) your personal information in our possession.
Upon request, nerByte will let you know whether we hold any of your personal information. You may access, correct, or request deletion of your personal information by emailing us at support@nerbyte.com. We will need sufficient information from you to establish your identity in order to fulfill your request. In some cases, we may not be able to remove your personal information, in which case we will notify you via email that we are unable to do so and why.

Your European Rights

If you are based in the EU, in certain circumstances you have rights under data protection laws in relation to personal information we hold about you - specifically:

Request access to your personal information. You have the right to request access to any personal information we hold about you as well as related information, including the purposes for processing the personal information, the recipients or categories of recipients with whom the personal information has been shared, where possible, the period for which the personal information will be stored, the source of the personal information, and the existence of any automated decision making.
Request correction of your personal information. You have the right to obtain without undue delay the rectification of any inaccurate personal information we hold about you.
Request erasure of your personal information. You have the right to request that personal information held about you is deleted.
Request restriction of processing your personal information. You have the right to prevent or restrict processing of your personal information.
Request transfer of your personal information. You have the right to request transfer of personal information directly to a third party where this is technically feasible.

You may exercise your rights by emailing us at support@nerbyte.com or contacting us via our physical address provided above.

We may need additional information from you to establish your identity in order to fulfill your request. In some cases, we may not be able to delete your personal information, in which case we will notify you via email that we are unable to do so and why.

Where you believe that we have not complied with our obligation under this Privacy Policy or European data protection law, you have the right to make a complaint to an EU Data Protection Authority.

Privacy Notice for California Residents

This Privacy Notice for California Residents supplements the information contained in this Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California ("consumers" or "you"). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this notice.

Information We Collect

Our Services collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“Personal Information”). In particular, our Services have collected the following categories of Personal Information from its consumers within the last twelve (12) months:

Identifiers.
1. User Names (e.g. a real name, alias, etc.) , unique personal identifier, online identifier, Internet Protocol address, email address, or other similar identifiers.
2. Collected: Yes
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
1. A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.
2. Collected: No
Protected classification characteristics under California or federal law.
1. Age, sex (including gender) as self identified by You in opt-in surveys
2. Collected: Yes
Commercial information.
1. Products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
2. Collected: Yes
Biometric information.
1. Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
2. Collected: No
Internet or other similar network activity.
1. Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.
2. Collected: Yes
Geolocation data.
1. Physical location or movements.
2. Collected: Yes
Sensory data.
1. Audio, electronic, visual, thermal, olfactory, or similar information.
2. Collected: No
Professional or employment-related information.
1. Current or past job history or performance evaluations.
2. Collected: Yes
Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
1. Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
2. Collected: No
Inferences drawn from other personal information.
1. Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, and behavior
2. Collected: Yes
Equipment information.
1. Information about your internet connection, the equipment you use to access our Services, and usage details
2. Collected: Yes

Personal information does not include:

Publicly available information from government records.
Deidentified or aggregated consumer information.
Information excluded from the CCPA’s scope, like:
- Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
- Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

Information Sources

nerByte obtains the categories of personal information listed above from the following categories of sources:

Directly from you. For example, from contacting Customer Service or from products and services you purchase.
Indirectly from you. For example, from observing your actions on our Services.

Use of Personal Information

We may use, or disclose the personal information we collect for one or more of the following business purposes:

To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
To provide, support, personalize, and develop our Website, products, and services.
To create, maintain, customize, and secure your account with us.
To process your requests, purchases, transactions, and payments and prevent transactional fraud.
To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
To personalize your Website and Services experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email.
To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.
For testing, research, analysis, and product development, including to develop and improve our Website, products, and services.
To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
As described to you when collecting your personal information or as otherwise set forth in the CCPA.
To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of nerByte’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by nerByte about our Website users is among the assets transferred.

nerByte will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We may share the above categories of Personal Data for certain business purposes, including:

Storage
Personal Data of our users are stored in our data centers of our third party service providers all over the world
Sharing with our service providers and partners
We use certain service providers and partners to help us operate and improve our Services. These service providers and partners assist us with various tasks, including hosting and maintenance, on-going development, analytics, customer care and marketing.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to know and see what information we have collected about you over the past 12 months, including:

The categories of information we have collected about you;
The categories of sources from which the information is collected;
The business or commercial purpose for collecting your information;
The categories of third parties with whom we have shared your information; and
The specific pieces of information we have collected about you.

Right to Delete

You have the right to request that we delete the information we have collected from you (and direct our service providers to do the same). There are a number of exceptions, however, that include, but are not limited to, when the information is necessary for us or a third party to do any of the following:

Complete your transaction;
Provide you a good or service;
Perform a contract between us and you;
Protect your security and prosecute those responsible for breaching it;
Fix our system in the case of a bug;
Protect the free speech rights of you or other users;
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et seq.);
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interests that adheres to all other applicable ethics and privacy laws;
Comply with a legal obligation; or
Make other internal and lawful uses of the information that are compatible with the context in which you provided it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Right to Opt-out

You have the right to “opt-out,” or direct us to stop “selling” or otherwise sharing your information with third parties in exchange for monetary or other valuable consideration.

To show you personalized advertisements in our apps we use third-party advertising networks and their partners. To do so they use personal and non-personal information such as advertising identifiers, i.e the Android advertising ID and/or Apple's ID for advertising (IDFA), device data and/or other tracking technologies to enable and optimize this advertising procedure.

You can opt-out from personalized advertisement experience, at any time by checking the menu settings -> information category -> Personalized Ads in our apps of your iOS or Android device.

Other Rights

You can request certain information about our disclosure of your information to third parties for their own direct marketing purposes during the preceding calendar year (to the extent we have shared information for such purposes within the given period). This request is free and may be made once a year. You also have the right not to be discriminated against for exercising any of the rights listed above.

Response Timing and Format

We aim to respond to a consumer request for access or deletion within 45 days of receiving that request. If we require more time, we will inform you of the reason and extension period in writing.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Push Notifications

With your consent, we may send push notifications (or “alerts”) to your mobile device to provide game activity information, service updates, promotional communications and other related messages. You can deactivate push notifications by changing your notifications settings via your mobile device.

Geo-location Information

When you use a smart phone or other mobile device to access our Services, with your permission we may collect your geo-location information to optimize user experience, such as for localization accuracy, language display, or the provision of relevant advertising. We will only collect such information if (a) “location services” for the mobile application is enabled; and (b) the permissions in the mobile device allow communication of this information. If you have previously allowed us access to your geo-location data, you can opt out of making this information available to us by visiting your mobile device’s settings for the relevant application or the “settings” page for the relevant game.

Third Party Tailored Advertising

We use cookies to present tailored advertising, provided you have given your consent if required by applicable law. For information about how we use cookies, including how you can withdraw consent or opt-out, please see our Cookie Notice.

Third Party Services

Our website or Services may contain links to other websites or online services or allow others to send you such links. A link to a third party’s website or online service does not mean that we endorse it or that we are affiliated with it. We do not exercise control over third-party websites or online services. You access such third-party websites or online services at your own risk. You should always read the privacy policy of a third-party website or online service before providing any information to the third party.

Use By Minors

If you are under the age of 18, you must obtain your parent’s permission to access the site and our games. If you are under the age of 13, you are not permitted to access the site, use any of our Services, or play any of our games. This site and all of our games are not intended for children under the age of 13 and we do not knowingly market to or collect, use or disclose information from children under the age of 13.

Data Retention

We will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

We will also retain Usage Information for internal analysis purposes. Usage Information is generally retained for a shorter period of time, except when this data is used to improve the functionality of our Services, or we are legally obligated to retain this data for longer time periods.

Your Personal Data collected through our Services will be deleted when they no longer serve one of the above-mentioned purposes but in any event, your Personal Data will be deleted after 14 months of inactivity in your use of our Services. Once we have deleted your Personal Data, you will not be able to exercise the right to access, the right to erasure, the right to rectification or the right to data portability.

Your Personal Data collected through our Get in Touch forms will be deleted after 2 years from the date of receipt. Once we have deleted your Personal Data, you will not be able to exercise the right to access, the right to erasure, the right to rectification or the right to data portability.

If you have any questions about this Privacy Policy, please contact us.

Email: support@nerbyte.com

nerByte Website: https://www.nerByte.com

nerByte GmbH

Brötzenberger Strasse 17-19/4/3

2201 Gerasdorf

Austria