PRIVACY POLICY

This Privacy Policy is intended to be incorporated into the Terms of Service (the “Terms of Services”), and it describes how Surpass Games Oyun ve Yazılım Anonim Şirketi and its subsidiaries, parent companies, joint ventures and other corporate entities under common ownership and/or any of their agents, consultants, employees, officers and directors (collectively, as “Surpass”) having its headquarters at Üçgen Mah. Abdi İpekçi Cad. Sitesi No: 13 İç Kapı No: 101 Muratpaşa/Antalya in order to collect, use, process the personal information (“Personal Information”) of the persons downloading, using and accessing the below defined services (“User”) conferred rights related thereto. In this Privacy Policy services provided by Surpass refer to the games, websites, marketing and advertising activities and other services collectively as the ("Services").

This Privacy Policy applies to all of the Services, whether accessed on the website, mobile devices, PCs, social media platforms, several integration programs, or on other platforms and alike. It also applies to the marketing and advertising activities on all platforms and other services that Surpass may provide or any of the marketing and advertising activities through third party analytics and ad-network services, social media platforms, and similar platforms and systems from time to time.

The User hereby grants and undertakes the collection and processing of his/her Personal Information under the terms and scope of this Privacy Policy.

By using and downloading the Services, User hereby explicitly agrees to and accepts this Privacy Policy. If the User is not willing to agree and accept this Privacy Policy, the User is obliged to cease the use of the Services and delete the Services from his/her equipment.

Surpass hereby declares and User hereby acknowledges that Surpass does not sell any Personal Information of the User for any purpose.

The Identity of the Data Controller

The data controller is Surpass, registered with the Antalya Trade Registry with the registration number 136871.

Types of the Collected Personal Information and How We Collect It

Personal Information regarding the current, prospective, and former clients, customers, users, visitors, and guests may be collected. The types of Personal Information Surpass may collect may vary on the Service that the User gets or the relationship between Surpass and the User.

By downloading, accessing, and/or playing (if applicable) the games or using the Services, or sending feedback or conveying information or support requests directly to Surpass, Surpass may collect Personal Information about the User. The types of Personal Information Surpass may collect (directly from the User or from third parties) and the privacy practices vary on the nature of the relationship that the User has and the requirements of applicable law. Please find below which type of Personal Information we collect and the ways of collection.

Information Directly Collected From User

The games or parts of Surpass’ Services may use a more traditional registration or account set-up process which the User directly provides information:

User first and last name, email address, player/username, password, age or birthday, sex and other information that helps Surpass to make sure it is the User itself that is accessing the account or helps Surpass to improve its services.

Surpass may also require from User to create a player profile, in such cases, the User profile may include below mentioned information:

User first and last name, email address, User identification number and/or username, User profile picture or his/her URL, player ID, location, sex, age range, login e-mail, details about the games the User plays, mobile phone number (if provided by User), locale, language of User application, time zone numbers for User friends who are also connected to the Services.

Information User Generates While Using Surpass’ Services

Information that User provides Surpass with when User fills in forms, and/or questions or completes surveys when using any of the Services, when User creates an account with Surpass, or if User invites his/her friends to use the games and Services; (such as gender, name, date of birth place, nickname, nationality); the content of messages sent using the chat and messaging systems; posted photos, drawings, or other user-generated content; public posts or comments on other players’ profiles or game boards.

Please note that Surpass is entitled to access such records, and/or store archives of these communications, photos, drawings, and other contents generated by the User to satisfy legal compliance and provide the safety of other users/players generated content on Surpass servers to make use of them to protect the safety and well-being of Surpass’ players as well as to conduct researches to improve, personalize, and optimize Surpass’ Services.

Information collected when the User makes any purchases

In case of any purchase of in-game virtual currency or items in a Service, a third-party payment processor may collect the billing and financial information such as the User’s postal address, e-mail address, and financial information.

In the case of obtaining Services on connected third-party applications or platforms (like Facebook, Apple, Google, or Amazon), any purchases that the User makes will be processed by that third-party application and subject to that third-party application’s terms of service and privacy policy. For these purchases, Surpass does not receive any financial information but may receive non-financial information related to the purchases, like the User’s name, approximate physical location, and the items purchased.

Please note that the information that Surpass collects depends on the Services that the User is provided with.

Information About Users That Surpass Get From Connected Third-Party Applications, Including Social Networks

If the User gets any Services of Surpass on connected third-party applications or connects Surpass’ Services to any third-party applications, including social networks like Facebook, Surpass may receive certain information about the User from the provider of the third-party application. The information Surpass receives depends on the Service, the third-party application, and privacy settings. In such case Surpass may collect the below information;

User first and last name, email address, User identification number and/or user name, User profile picture or his/her URL, player ID, location, sex, age range, login e-mail, user identification number (like Facebook ID number), which may be linked to publicly-available information like name and profile photo; friends’ user ID numbers and other public data; detail about the games User plays, mobile phone number (if provided by User), locale, language of User application, time zone numbers for User friends who are also connected to the Services; User personal comments which may include Personal Information; Personal Information to be published on the fan pages, forums, sites or to be provided via contest; information about User’s activities on or through the connected third-party application;

Cookies and Other Automated Information Collection

Surpass collects information about User’s devices by using cookies and other similar technologies (e.g., beacons, pixel tags, clear gifs, and device identifiers) to recognize User and/or User device(s) on, off, and across different Services and devices. Users always have the option to opt out from such use and control it where needed.

Protocol (IP) address, cookie identifiers, mobile advertising identifiers, User mobile device’s identifiers like User Identifier For Advertising , Advertising ID, Game Center ID, the type of computer or mobile device User is using, User device's operating system, version, model, hardware type and other device identifiers that are automatically assigned to User computer or device when User access the Internet, browser type and language, hardware type, operating system, internet service provider, pages that User visit before and after using the Services, the date and time of User visit, the amount of time User spend on each page, information about the links User click and pages User view within the Services and other actions taken through use of the Services such as preferences; information Surpass collect via cookies and widgets that allows Surpass to collect data, such as User device's model, operating system and screen size, IP, game center IP, preferences and other information about how User use the Services;

domain names;

performance and game contextual data like User games session activity;

aggregated and/or de-identified information that is not intended to specifically identify a user; and

technical information such as device identifier,

details about how the User uses and interacts with the Services (for example, information about how and when the User plays the games or visits the websites(s),

information that User provides Surpass when User fills in forms, and/or questions or completes surveys when using any of the Services, when User creates an account with Surpass, or if User invites his/her friends to use the games and Services; (such as gender, name, date of birthplace, nickname, nationality etc.)

User interactions with Surpass on the social media channels;

the name User has associated with its device; country; telephone number (if User provides it); specific geolocation (with User’s permission); mobile contacts; and/or information about the Surpass’ games and other third-party apps on User’s device. (if Surpass Services obtained via mobile device)

Other Sources

information that Surpass collects about User from the other group companies or other third-party companies who have obtained User’s consent or have another legal right to share such information with Surpass (including publishing partners, platforms, advertising platforms, and partners and data aggregators who have obtained it). This may include attributes about the User and User interests, as well as other games and services that the User uses, demographic, and general location information.

The Purposes of Collecting and Processing Personal Information

The primary goal of processing Personal Information is to provide a better gaming experience, improve the Services, conduct marketing and research activities, and create reports for internal use. The Personal Information may be stored anywhere in the world including but not limited to Turkey either physically or electronically.

Personal Information may be collected and processed for below-mentioned purposes;

the managing the account and relationship with Surpass and improving the experience during the use of the Services;

research, surveying, and engaging with User, for example by sending communications (including by email);

to enable users/players to interact and communicate with each other;

marketing and promotion of Services, to create reports, analyses, or similar services for use by Surpass;

business intelligence, preventing cheating, crime, or fraud;

to deliver advertising marketing and promotional information to User;

to notify User about products and Services or upcoming special offers/events that the User may be interest;

to operate, improve, and optimize the Services; to create game accounts and allow users to play the games; to personalize the Services, understand the users and their preferences to enhance user experience and enjoyment using the Services;

to send related information, including confirmations, technical notices, updates, security alerts, and support and administrative messages; to enable players to communicate with each other in games or on social media accounts;

to prevent potentially prohibited or illegal activities and protect the players; to ensure internal quality control;

to provide technical support and respond to player inquiries;

to provide services via mobile devices; for third party payment requirements;

for serving cookies, pixel tags, analytics information, and interest-based or targeted advertising;

to comply with Surpass’ legal obligations, resolve any dispute that Surpass may come across, and protect the rights of Surpass.

The User accepts, acknowledges, and promises that his/her Personal Information might be used in a limited manner by Surpass to the extent that it is limited to the format and purposes outlined in this Privacy Policy.

In case the Services include additional links and references to third-party sites, services, and other domains. Such third-party providers can use advertising identifiers, cookies, web beacons, and other tracking technologies (including location tracking in location-based games) to collect or receive information about the User. Statements of Surpass under this Privacy Policy do not apply to the features, technologies, or practices of such third parties. User acknowledges that Surpass is not liable for the compliance of such third parties to the protection of the Personal Information. Surpass shall under no case be held liable for the content of such sites and services.

The Legal Grounds of Processing Personal Information

The legal grounds that Surpass relies upon while processing Personal Information of User are the following:

Explicit consent and/or request of User,

Being necessary for the establishment and execution of an agreement (the Terms and Conditions regarding receiving the Services by the User),

Being necessary for Surpass to fulfill its legal obligations as a data controller,

Without prejudice to User’s fundamental rights and freedoms, being compulsory for Surpass’ statutory interests.

In data processing activities where Personal Information of User is processed based on the explicit consent, User has the right to withdraw its consent at any time.

Surpass’ statutory interest in processing the User’s device and usage data is to provide better service to the User, to make suggestions, to improve its services, to improve and update Services, to facilitate the use of Services at work related to User’s interest and preferences, within the framework of legal legislation.

Surpass undertakes to keep User’s data and any confidential information strictly private and confidential, without prejudice to the contents hereof, to regard it as an obligation to keep confidentiality, to take all measures and act in due diligence to prevent all or any part of User’s information from entering into the public domain or be subject to unauthorized use, or to take measures to prevent the confidential information from disclosure to any third party. If, despite all necessary data security measures taken by Surpass, the confidential information is damaged because of attacks on the system or captured by third parties, Surpass shall have no responsibility in that respect.

Surpass shall not be responsible for damages caused by using information that User discloses in comments or messages given by third parties in public areas. If User shares its name, password, etc. used by User when creating the membership record with third parties, Surpass shall not be responsible for any damages that may arise from the information shared with third parties.

Using and Sharing Personal Information

The Personal Information shared by the User shall in no case be used for the interest of other third parties either directly or indirectly and shall be disclosed except as provided below. Please note that Surpass may share User's Personal Information to provide the Services with Third-party Service Providers; to comply with legal obligations; to protect and defend its rights and property or with User’s consent.

Service Providers

We may share the information we receive from the User with Service Providers. The types of Service Providers (processors) to whom we entrust Personal Information include Service Providers for (i) provision of IT and related services; (ii) provision of information and services the User has requested; (iii) payment processing; (iv) customer service activities; and (v) in connection with the provision of the Services. Surpass may also share information with platform partners for SDK Advertising and S2K Tag Advertising with AdColony, Inc., Admob, Inc., AppLovin Limited, Chartboost, Inc., Pubnative GmbH, Inmobi Pte. Ltd., ironSource Mobile Ltd. Mo pub Inc. Tapjoy, Inc. Unity Ads Vungle, Inc., Facebook Analytics for Apps (Facebook, Inc.), Google Analytics for Firebase (Google Inc.), Google Analytics (Google Inc.), Amazon Web Services (AWS) and Adjust GmbH. In order to provide safety to User’s Personal Information, Surpass takes reasonable precautions information (as required by applicable data protection laws) while sharing such information with such Service Providers.

Displaying to Friends and Other Users

Services encourage players to interact with each other if User plays the games or accesses the Services. If through a social network or register through a social network (i.e., Facebook), User’s social network friends who also play Surpass’ games or access Services will see User’s name, photo, player profile.

In addition, in Services offered by Surpass, other players, regardless of whether they are User’s social network friends, will be able to see User’s player profile; view descriptions of User’s in-game activity; communicate with User within the Services; and send User’s game requests or friend requests through Surpass games, Services or the related social network.

Marketing - Interest-based or Targeted Advertising and Third-party Marketing

On some occasions Surpass may use advertising tools and mechanisms in order to offer several features and Services gratis. These advertisements may include, without limitation, banner ads on game boards or Services themselves, as full-screen ads between moves or games, or through an “offer wall” in which third-party advertisers offer other in-game items to players in exchange for watching an advertisement or for completing a task, such as signing up for an account with one of the advertisers, completing a survey, or finishing a particular game level. Mostly such offerings are hosted by third party wall providers and not held by Surpass itself. Offer walls are hosted by third-party offer wall providers, and the offers are made by third-party providers. Surpass does not actively share Personal information with such third-party offer wall providers.

In order to carry out such advertising tools Surpass may share, or such third-party provider may directly collect below Personal Information within Services:

performance data (like the number of clicks on an advertisement);

certain technical information (for example, IP addresses, non-persistent device identifiers such as Advertising ID and de-identified persistent device identifiers such as a hashed Android ID);

User’s social network ID;

other contextual data about User’s game play (for example, level and session length); and

pseudonymous data, not directly identifying information (e.g., OS name and versions, device models, time stamp).

In addition to serving Users with relevant ads, the information collected may be used to:

calculate the effectiveness of the ads

offer User targeted advertising (both on and off the Services) in order to personalize User experience by showing advertisements for products and services that are more likely to appeal by User (a practice known as interest-based advertising or behavioral advertising); and/or

undertake web analytics to analyses traffic and another player activity to improve User’s experience.

Disclosures to Protect Surpass or Others (i.e., as Required by Law and Similar Disclosures)

Personal Information may be used accessed, preserved, and disclosed if Surpass believe doing so is required or appropriate:

To satisfy and comply with applicable laws or regulations

To fulfil to lawful requests by public authorities, including for national security, law enforcement, or legal process purposes (for example, a court order, search warrant, or subpoena);

To prevent illegal activities such as committing a crime, including to report such criminal activity or to share information with other companies and organizations for the purposes of fraud protection, credit risk reduction, and other security precautions which are carried out via using Services.

Occurrence of emergency situation that poses a threat to the health and/or safety of the User, another person, or the public generally.

Merger, Sale, or Other Asset Transfers

If Surpass engages in a merger, acquisition, financing, due diligence, reorganization, bankruptcy, receivership, sale of company assets or transition of service to another provider, then User’s Personal Information may be disclosed or transferred as part of such a transaction as permitted by law and/or contract to the successor organization or competent body. In such case, Surpass will show its best efforts, to procure that the manners of such successors are compliant with this Privacy Policy.

Transfer Abroad of Personal Information

Services provided by Surpass are global by nature and Personal Information can therefore be transferred to anywhere in the world. Since different countries may have different data protection laws than User’s residential country, Surpass takes steps to ensure adequate safeguards are in place to protect Personal Information as explained in this Privacy Policy. Since each country has its own jurisdiction, the privacy laws applicable to the places where Personal Information is transferred to or stored, used, or processed in, may be different from the privacy laws applicable to the place where User is resident. Surpass undertakes to comply with its legal obligations under the applicable law where such Personal Information is transferred and where User is located and ensure that Personal Information is subject to suitable safeguards or transferred to secure territories.

As part of the Services and Games Surpass may transfer several Personal Information abroad to its business partners and service providers from time to time for legitimate business purposes.

Surpass stores Personal Information about Users and visitors to the sites anonymously on servers located in US and Surpass may also store this Personal Information anonymously on servers and equipment in other countries and may change location from time to time. Personal information collected in the European Countries may be transferred anonymously to, and stored at, a destination outside of the European Countries. The data we hold may also be processed by employees operating outside of the European Countries who work for us, or one of its business partners or service providers. This staff may be engaged in, among other things, (i) the processing of transactions and User’s payment details, or (ii) the provision of support services. If Surpass transfers User’s Personal Information internationally, Surpass will take reasonable steps to ensure that Personal Information is treated securely, lawfully, and in accordance with this Policy.

User Rights

Users have certain rights in connection with Personal Information and how Surpass handles it. Users can exercise these rights at any time by contacting us. In that vein, regardless of where User is located (applicable for European Union and Switzerland as well) User is entitled and have right to:

access and require information regarding the types of personal information of Users is processed and to ask detailed information,

learn the purpose of Personal Information processing and whether such Personal Information are used for such purpose,

know the parties to which such Personal Information is transferred within the country or abroad,

ask the correction of Personal Information in order to be true actual and updated,

demand the deletion of User’s Personal Information,

object to the processing of Personal Information about himself/herself, which is processed on the grounds of legitimate interests,

opt-out of marketing communications,

demand from Surpass to inform other third parties regarding the correction, deletion destruction of such Personal Information,

object the results against to User which occurred through analyze of such Personal Information via exclusively automatic systems,

to withdraw its consent at any time, in case of processing Personal Information with User’s request,

demand compensation in case of any damages due to the processing of Personal Information in violation of applicable law,

request a restriction of the processing of User Personal Information, such as when User is disputing the accuracy of User data held by Surpass,

request data portability,

object to the occurrence of an adverse consequence by analyzing the processed data exclusively through automated systems, and

lodge a complaint with the relevant data protection authority and claim damages in case of impairment because User’s Personal Information is processed in violation of the relevant legal legislation.

To exercise User rights to access or deletion, please submit a request through contact details stated below. Surpass shall finalize the requests of the User in reasonable time in accordance with the applicable data protection laws and manner and yet no later than 30 (thirty) days. If the use of right by the User requires additional cost, then Surpass may be entitled to demand such costs from User.

For the use of rights conferred to User, User may also be required to take additional steps, such as deletion of Services or, suspension of User’ Accounts or the connection with several applications or social network. For the use of the rights by User, Surpass may demand from the User the verification of its identity.

Accessing and Deleting Personal Information Held by Surpass

User can request a copy of or deletion of its game account data by contacting us. To review and update personal information associated with User profile in certain games, visit the “settings” page in that game.

For deletion requests, Surpass will take reasonable measures to delete Personal Information from Surpass’ records. Surpass will keep certain records (e.g., personal information relating to payments or customer service matters) for legitimate purposes.

Managing Personal Information Surpass Receives from Third-Party Applications / Platforms and From User’s Mobile Device

To manage the information Surpass receives from third-party applications or platforms and from User’s mobile device, User can use the tools and settings provided by the third-party application and its own mobile device.

In order to manage the information that Surpass collects from third party applications, User has to follow the instructions of such third parties to update and change the privacy settings.

User can manage many aspects of the collection and use from its mobile device by visiting the “settings” page of its mobile device or web browser. Such procedures may vary depending on the device and the browser.

If Surpass receives Personal Information from a third-party application / platform or User’s mobile device, that information is stored and used by Surpass in accordance with this Privacy Policy.

Opt-Out

Opting out Surpass Notifications

Please note that if User opts ins or out of receiving marketing communications from Surpass, Surpass may still communicate with User from time to time that Surpass needs provide User with information about the Service that User using, if Surpass needs to request information from User with respect to a transaction initiated by User, or for other legitimate non-marketing reasons.

If User wants to stop receiving push notifications, which are messages an app sends User via mobile device even when the app is not on, User can turn off push notifications by visiting his/her mobile device’s “Settings”. The Services also offers the ability to turn off push notifications in the “Settings” section of related Services.

Opting Out of Third-Party Behavioral Advertising

For the notification by personalized advertising from third-party partners, User can opt in or opt out of third-party customized advertising through the device Settings and other third-party opt-in or opt-out tools. If User does not want to receive tailored in-application advertisements from third parties that relate to his/her interests on his/her mobile device, User may adjust the ad tracking settings on his/her device (such as turning on Limit Ad Tracking). User can also reset the “Advertising Identifier” (such as an IDFA) from User’s mobile device’s settings which will prevent continued use of existing behavioral data tied to User’s previous “Advertising Identifier.” Further, depending on the platform provider (such as Apple or Google), User may be able to download apps that offer to provide User with control regarding the collection and use of cross-app data for tailored advertising. All of the opt-in or opt-out tools described in this provision are provided by third parties, not by Surpass. Surpass does not control or operate these tools or the choices that advertisers and others provide through these tools.

Protection and Retention of Personal Information

In order to help ensure a secure and safe experience, Surpass is continuously developing and implementing administrative, technical and physical security measures to protect the Personal Information from unauthorized access or against loss, misuse or alteration. The Personal Information that User provide to Surpass is stored on servers that are located in secured facilities and protected by protocols and procedures designed to ensure industry-standard security of such information, such as firewalls and data encryption.

If User has an account registered directly with Surpass, the credential of such account is protected by the password created by the User itself. The protection of the password is on the shoulders of the User and user itself is liable for the unauthorized use of such password. User must not share such password and credentials and has to keep its social network account information, including its social network account password, secure as well.

Surpass retains Personal Information as long as the account is active or as needed to provide User the Service. Surpass will take reasonable measures to delete Personal Information if User deletes its account. However, User acknowledges that Surpass may retain some information even after if User closes, have deleted, its account as necessary for legitimate business interests, such as to comply with legal obligations, resolve disputes.

The Personal Information is protected by protocols and procedures designed to ensure industry-standard security of such information, such as firewalls and data encryption. Yet Surpass cannot ensure or warrant the security of any information that User transmits to Surpass or through the Services.

Policies with respect to Children

Generally speaking, our Services are not intended for children under the age of 13 (collectively, “Children”). Children are not permitted to use these Services, and we do not knowingly collect any personal information from Children.

Revisions and Updates

This Privacy Policy may be revised, amended, or promulgated upon the sole discretion of Surpass. The latest version shall apply in each case. In order to be effective, Surpass does not need to notify User and such amendments shall become effective as of the publication date. Continuing the use of the Services shall be deemed as an acceptance to such revised terms.

Contact

If User have any questions and demands about the privacy practices or this Privacy Policy, User should contact Surpass’ data protection officer by email at info@surpassgames.com Surpass will be at User’s disposal in a timely and urgent manner.

Surpass shall respond to requests to know and requests to delete within 30 days. The 30-day period will begin on the day that the Surpass receives verifiable the request.

Surpass Games Oyun ve Yazılım Anonim Şirketi