Birdy Dog Studio, Privacy Policy, Terms and Conditions

Privacy Policy

Last Updated: May 29, 2018

Welcome! This Privacy Policy explains how Birdy Dog Studio ("Birdy Dog Studio" or "we") collects, uses, and shares your personal information while you play Birdy Dog Studio's games ("Games") and/or use Birdy Dog Studio's websites that link to this Privacy Policy ("Websites").

We may make changes to this Privacy Policy from time to time. If we make any material changes to this Privacy Policy, we will notify you via email if we have your email address on record, or via a notice on the Websites and/or Games.

1. What kind of personal information does Birdy Dog Studio collect?

We don’t collect any kind of your personal information, but we are using third-party services from Unity (Analytics and Ads mediation) and we have access to common data of it with the following types of data, which do not identify you personally but may uniquely identify the device you are using to play to the Games or use the Websites ("Device").

"Device Information", which means technical information about your Device. When we refer to Device Information, this means your Device ID, operating system and operating system version, jailbreak information, network information, the brand and manufacturer of your Device, the language you've set for your Device, the version of the Game installed on your Device, and the name of your carrier.
"Location Information", which means general information about the location from which you're playing the Games or using the Websites (country and city).

Does Birdy Dog Studio Collect My Financial Information When I Make In-App Purchases?

When you make in-app purchases in the Games, we do not collect or have any access to your name and billing information. This information is collected and stored by your platform (e.g. Apple's Game Store or Android's Google Play) or your platform's payment processor.

2. Do third parties have access to my personal information?

Yes. Like most companies, we use tools from service provider and Ad Partner (Unity) to help us with various parts of our business ("Service Provider"). We contractually require Service Provider to treat your personal information as confidential information and to only use it for the services we need. However, we do not have direct control over how Service Provider use your personal information and we cannot guarantee that our Service Provider will use your personal information as required in our contract with them. For this reason, we are not responsible for our Service Provider misuse of your personal information.

3. How long will Birdy Dog Studio keep my personal information?

We don’t collect and keep your personal information, but we use analytics data from our service provider (Unity).

4. How is my personal information used for analytics?

As an online business, it is important for us to know how users interact with our Games. Our Service Provider will collect your Location Information, Device Information, and Advertising IDs so that we can deliver our Game services to our users, measure, analyze, and improve performance of the Games, and to continually update and develop our Games. For example, we will use this information to assess the difficulty level of Games, fix any bugs or errors in the Games, evaluate the demographic of our users, and to determine whether or not we need to support a new Device type for the Games.

5. How is my personal information used for advertising?

Ad Partner Technologies

To help us keep our Games running, we show ads in our Games with the help of third-party advertising partner ("Ad Partner"). We integrate Ad Partner technologies into our Games which are then used by the Ad Partner to determine what kind of ads to display to you.

i. Do Ad Partner Collect My Personal Information?

In order to show you ads that you might interesting and/or relevant ("Targeted Ads"), Ad Partner collect and use your Advertising ID, Location Information, and Device Information. If location services are enabled in your Device settings, the Ad Partner may additionally collect your geolocation information. Because these Ad Partner technologies control what kind of personal information is collected from your Device and how it is used, we encourage you to review their respective privacy policy :

https://unity3d.com/legal/privacy-policy

ii. How to Opt-Out of Receiving Targeted Ads.

If you do not want to receive Targeted Ads on your mobile Device, your mobile Device may give you the option to opt-out of receiving Targeted Ads on all apps on your Device. On your Devices, you may opt-out in options menu by clicking “Analytics and Ads Personalization” setting button. Please note that if you opt-out of receiving Targeted Ads, you will still receive contextual ads, which are non-targeted ads related to the content of the Game you are playing.

6. Children's personal information.

We do not knowingly collect children's personal information without parental consent, except as permitted under applicable laws such as the U.S. Children's Online Privacy Protection Act (COPPA) and the EU General Data Protection Regulation (GDPR). For example, Birdy Dog Studio’s Service Provider, and its Ad Partner may collect personal information strictly to support Birdy Dog Studio's internal operations and/or legitimate interests, such as analytics and to serve children with contextual ads. If you are a parent of a child playing the Games, you may review or have your child's personal information deleted and refuse the further collection of his/her personal information by turning it of in options menu in games. Please contact us at birdydogstudio@gmail.com if you believe we are collecting a child's personal information in violation of COPPA or the GDPR.

7. Third-parties and their privacy policies.

You can read privacy policy of our Service Provider and Ad Partner (Unity) at https://unity3d.com/legal/privacy-policy

8. Is my personal information secure?

The security of your personal information served by our Service Provider and Ad Partner as we don’t collect any kind of your personal information. You can also read about it on https://unity3d.com/legal/privacy-policy

9. Push notifications.

We don’t use push notifications right now but we can turn it on in the future. If it will happen, we will change Privacy Policy according to it.

10. How do i access, manage, or update my personal information?

If you are playing our games and want to access, manage, or update the personal information that our Service Provider and Ad Partner has collected about you, please go to the settings menu inside game and click on “Analytics and Ads Personalization” button.

11. For users in the european union.

A. Legal Basis for Processing. Our legal basis for collecting, using, and sharing your personal information will depend on the purpose for which we use your personal information. Typically, we will rely on the following legal bases for processing your personal information: (i) your consent; (ii) where our processing is in our legitimate interest or in the legitimate interest of our Ad Partners or Service Providers; or (iii) where our processing is necessary to perform a contract with you (e.g. to make the Games accessible to you). If we rely on your consent to process your personal information, you have the right to withdraw your consent at any time.

B. Transfer of Personal Information Outside of the EU. Because our Service Providers are located in countries outside of the European Union, your personal information may be transferred to other countries that may not offer the same level of data protection as the laws of your country of residence. We rely on model contractual clauses and/or the Privacy Shield certification for such transfers.

C. How to File Complaints. If you believe your rights under the GDPR have been violated, you may lodge a complaint with the supervisory authority of your country of residence. For contact information for your supervisory authority, please visit here.

12. Birdy Dog Studio's contact information.

If you have any questions about our Privacy Policy or about our use of your personal information, then you may contact us at:

Email: birdydogstudio@gmail.com

Terms and Conditions

Last Modified: MAY 29, 2018

IMPORTANT - READ CAREFULLY: This Terms of Use ("Terms") is a legal agreement between you and Birdy Dog Studio and governs the use by "you" of Birdy Dog Studio’s website, services, games and applications (collectively, the "Services"). By using the Services you agree to these Terms. If you do not agree to these Terms, do not purchase or use the Services.

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

PLEASE REVIEW BIRDY DOG STUDIO’S PRIVACY POLICY, WHICH IS INCORPORATED INTO THESE TERMS BY REFERENCE

1. LICENSE AND RESTRICTIONS.

Subject to these Terms, Birdy Dog Studio grants you a non-exclusive, limited, revocable, non-transferable license to use the Services for your personal, non-commercial use. You may not: (a) modify, translate, reverse-engineer, reverse-compile or decompile, disassemble, create derivative works of, or use data gathering or extraction tools in connection with the Services; (b) reproduce, duplicate, copy, sell, resell, or otherwise exploit the Services, in whole or in part, for any purpose without Birdy Dog Studio’s express written consent; (c) use any data mining tools or automation tools such as spiders, crawlers, scripts, bots, or any automated method of recording information; (d) engage in any conduct in connection with the Services that may be considered illegal or tortious including, without limitation, “hacking” the Services, or infringing the intellectual property or other proprietary rights of Birdy Dog Studio or third-parties.

Additionally, where the Services are a downloadable game and/or application (“App”), Birdy Dog Studio grants you a non-exclusive, non-transferable, revocable, limited license to use the App for your personal, non-commercial use on authorized devices, unless otherwise specified. The App may not be copied, resold, or sublicensed. These Terms apply to all versions and updates to the App, including, without limitation, free and paid versions.

The App may include measures to control access to the App (including age controls), prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under these Terms. You may not take any action to circumvent or defeat such security features. If you disable or otherwise tamper with the technical protection measures, your license to use the App or other Services shall be considered automatically revoked.

2. THIRD-PARTY PRODUCT, SERVICES AND LINKS.

Birdy Dog Studio may offer third-party products through the Services. You assume all risks and liabilities associated with the use of any such third-party products. Additionally, your rights and obligations regarding such products or services will be governed by the separate terms of use and privacy policies of the applicable third-party provider.

The Services may include hyperlinks to other websites over which Birdy Dog Studio has no control. Birdy Dog Studio is not responsible for the availability of such external sites or resources and will not be responsible or liable for any content, advertising, products, or other materials on or available from such third-party websites or resources.

3. ACCESS TO THE SERVICES.

By using the Services, you affirm that you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live) or that you have reviewed these Terms with your parent or guardian and he or she assents to these Terms on your behalf and takes full responsibility for your compliance with them. If you are under the age of 13, you must have permission from your parent or guardian in order to use the Services. If you do not have permission from your parent of guardian, certain features and functionality of the Services may be disabled. Information regarding use of your personal information can be found in Birdy Dog Studio’s Privacy Policy or in the privacy policy specific to the Service you are using.

Birdy Dog Studio reserves the right to immediately terminate your access to the Services or your Account if you breach these Terms or otherwise violate any applicable law, rule, or regulation in your jurisdiction.

By using the Services and providing us with your contact information, you explicitly consent to receive communications from us. If you would not like to receive such communications, please review Birdy Dog Studio’s Privacy Policy and opt-out procedures.

4. IN-GAME VIRTUAL CURRENCY AND VIRTUAL ITEMS.

The Service may include an opportunity for you to earn, buy or otherwise obtain in-game currency ("Virtual Currency") to access virtual, in-game digital goods or items ("Virtual Items"). Methods of obtaining Virtual Currency are at Birdy Dog Studio’s sole discretion. Virtual Currency and Virtual Items are not real currency, do not have monetary value, and may not be redeemed for legal currency, or items of value outside of the Services.

Virtual Currency and Virtual Items obtained via the Service are provided to you under a limited, personal, revocable, non-transferable, non-sublicenseable license to use within the Service. You have no property interest, right or title in or to any Virtual Currency or Virtual Items appearing or originating in the Service, and they may not be transferred or resold in any manner, including, without limitation, by means of any direct sale or auction service.

You agree that all sales of Virtual Currency and Virtual Items are final. No refunds will be given, except in Birdy Dog Studio’s sole and absolute discretion. Birdy Dog Studio has no liability for hacking or loss of your Virtual Currency or Virtual Items or any goods or services obtained via Virtual Currency. Birdy Dog Studio has no obligation to, and will not, reimburse you for any Virtual Currency or Virtual Items obtained via Virtual Currency. Birdy Dog Studio reserves the right, in its sole discretion and without prior notification, to change or limit the price, availability, or order quantity of any Virtual Currency or Virtual Items and to refuse to provide you with any Virtual Currency or Virtual Items.

Virtual Currency may have an expiration date. If your Virtual Currency or Virtual Items expire and you still have an active Account, Birdy Dog Studio may offer conversion of such Virtual Currency into Virtual Items for you in its sole discretion, however Birdy Dog Studio is under no obligation to do so. Virtual Currency and Virtual Items may be forfeited if: (a) your Account or access to the Services is terminated or suspended for any reason; (b) you breach these Terms; (c) Birdy Dog Studio discontinues availability of the Service; or (d) you disassociate from the Service.

5. TITLE.

Unless otherwise specified in these Terms, any and all title, ownership, rights, and intellectual property rights in and to the Services including all content therein (collectively the “Birdy Dog Studio Content”) shall remain in Birdy Dog Studio and/or its suppliers, and are protected by the copyright laws of the United Kingdom, the United States and other jurisdictions around the world via international copyright treaties. The names and logos, and other graphics, icons, and service names associated with the Birdy Dog Studio Content are trademarks of Birdy Dog Studio or its licensors. You may not use, copy, transmit, modify, distribute, or create any derivative works from the Services or the Birdy Dog Studio Content without prior written consent from Birdy Dog Studio.

The Services may allow you to create content (“Your Content”) that incorporates the Birdy Dog Studio Content, including, but not limited, to photos incorporating elements or graphics from games, screenshots or a video of your game play. Birdy Dog Studio retains all rights, title and interest in and to the Birdy Dog Studio Content. You retain all rights to Your Content; provided, however, that Birdy Dog Studio shall have an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to Your Content for any purpose, including, but not limited to, the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute Your Content without any further notice or compensation to you. Except where prohibited by law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Birdy Dog Studio's use of Your Content.

6. DISCLAIMER OF WARRANTY AND LIMIT OF LIABILITY.

BIRDY DOG STUDIO MAKES NO REPRESENTATION, WARRANTY, AND/OR GUARANTEE OF THE SUITABILITY OF THE SERVICES FOR YOUR PURPOSES, OR THAT THE USE OF THE SAME WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD-PARTY TECHNOLOGY, HARDWARE, SOFTWARE, SYSTEMS OR DATA.

THE SERVICES ARE PROVIDED “AS IS" AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. FURTHER, BIRDY DOG STUDIO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SAME, OR TO THE INFORMATION, CONTENT, COMMUNICATIONS, MATERIALS, OR PRODUCTS AND SERVICE CONTAINED THEREIN. YOUR USE OF THE BIRDY DOG STUDIO SERVICES IS AT YOUR SOLE RISK.

BIRDY DOG STUDIO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. CERTAIN REGIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

YOU FURTHER ACKNOWLEDGE THAT BIRDY DOG STUDIO IS NOT LIABLE, AND YOU AGREE NOT TO HOLD BIRDY DOG STUDIO LIABLE, FOR THE CONDUCT OF THIRD-PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OTHER THIRD-PARTY SITES, AND THAT THE RISK OF USING OR ACCESSING THE SERVICES, AND OF INJURY FROM THE FOREGOING, RESTS ENTIRELY WITH YOU.

7. TERMINATION.

These Terms will automatically terminate if you fail to comply with any term hereof. You and Birdy Dog Studio have the right to terminate or cancel your Account, at any time for any reason and without notice. Upon termination you shall immediately discontinue use of the Services.

8. NO ASSIGNMENT.

These Terms and the licenses granted to you herein are personal to you, and may not be assigned prior to obtaining Birdy Dog Studio's express written consent.

9. INFRINGEMENT NOTIFICATION.

Any claims related to the Services should be addressed to:

Birdy Dog Studio

Email: birdydogstudio@gmail.com

10. FEEDBACK.

Birdy Dog Studio does not accept unsolicited feedback, suggestions or other information about the Services or other aspects of its business. If you provide Birdy Dog Studio with feedback or other ideas, you agree that Birdy Dog Studio is free to use any feedback provided by you for any purpose (without compensation to you), including, without limitation, improving its products and services and creating derivative products.

11. GENERAL.

These Terms, along with the Privacy Policy, and any other privacy policy applicable to the specific Services you are using, constitute the complete and final agreement between Birdy Dog Studio and you with respect to your use of the Services and may not be modified by you except in a writing duly signed by you and an authorized representative of Birdy Dog Studio. You agree that your breach of these Terms will cause Birdy Dog Studio immediate and irreparable harm and Birdy Dog Studio will be entitled, notwithstanding the arbitration clause, to seek injunctive relief without the necessity of posting bond. Birdy Dog Studio and you are independent parties and nothing in these Terms creates an employment or agent relationship. If any provision herein is held to be unenforceable, such provision shall be reformed in that matter only to the extent necessary to make it enforceable, and shall not affect the enforceability of the remaining provisions. The failure of either party to enforce any right or provision in these Terms will not constitute a waiver of such right or provision.

Birdy Dog Studio may make changes to the Services, these Terms, or its Privacy Policy from time to time. Birdy Dog Studio will use reasonable efforts to provide you with notice of any material changes. All such changes will become effective immediately upon notice and/or posting. If any of these changes are deemed invalid, void, or for any reason unenforceable, that change will be deemed severable and will not affect the validity and enforceability of any unchanged portions of the Services, these Terms, or the Privacy Policy. Birdy Dog Studio may transfer or assign the Services, these Terms, or the Privacy Policy, in whole or in part, to any third-party of Birdy Dog Studio’s choosing. These Terms will inure to the benefit of and be binding upon Birdy Dog Studio’s respective successors and assigns.

Birdy Dog Studio

Attn: Terms of Use

E-mail: birdydogstudio@gmail.com