THESE TERMS OF SERVICE (“TERMS”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU” OR “YOUR”) AND PLAYDAY LLC (“COMPANY”). BY DOWNLOADING, INSTALLING ANY COMPANY APPLICATION (THE “APPLICATION”) AND USING IT IN CONNECTION WITH OTHER SERVICES PROVIDED BY COMPANY OR OTHERWISE ACCESSED THROUGH THE USE OF THE APPLICATION (SUCH SERVICES AND THE APPLICATION COLLECTIVELY, THE “SERVICE”) YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SERVICE. IMPORTANT NOTE: These Terms contain a Dispute Resolution And Arbitration Provision, including Class Action Waiver that affects your rights under these Terms and with respect to disputes you may have with Company. You may opt out of the binding individual arbitration and class action waiver as provided below. Company reserves the right, in its sole discretion, to modify or change these Terms at any time by posting the changes on or within the Application or other parts of the Service or on at playdaystudios.com (this “Site”). Your continued use of the Service following the posting of such changes constitutes Your acceptance of the revised Terms. If the modified Terms are not acceptable to You, Your only recourse is to discontinue Your use of the Service. You agree that Company may change any part of the Service, including its content, at any time or discontinue the Service or any part thereof, for any reason, without notice to You and without liability.
You agree and acknowledge, as condition of participating in the Service, that Facebook, Instagram, Twitter, Google (Alphabet, Inc.), and Apple (Apple, Inc.) does not sponsor, endorse, administer, and is in no way associated with, the Service. All questions regarding the Service must be directed to Company, not third parties. You also agree that as a condition of participating in the Service you shall release the above listed third parties from any and all liability arising out of your participation in said Service.
Company will only use any personal information that You provide in connection with Your use of the Service in accordance with the terms of our privacy policy (“Privacy Policy”) available within the Application and on the Site. By accessing or using the Service, You consent to the collection, use and storage of Your information as outlined in the Privacy Policy. Questions regarding privacy issues should be directed to our customer service department at support@playdaystudios.com.
We use the Bling Platform for account management services. To use the Service, You must be a natural person, at least 18 years old, who is assigned to the e-mail address, Facebook or Google account associated with Your Account (the “Bling Account”). At our sole discretion, we may require proof that You meet this condition in connection with Your use of the Service. Failure to comply with this condition will result in the closing of Your Account and the loss of all Virtual Items (including Bling Points) (each as defined below) accumulated through Your use of the Service. The Service is not targeted at children under the age of 13, and they are not permitted to use the Service. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Service, you affirm you are at least 18 years old.
We use the Bling Platform to manage account sign-up, registration, and activity. The Terms of Service and Privacy Policy of Bling Financial, Inc. (“Bling Platform”) are hereby incorporated. Your agreement to Company Terms of Service and Privacy is also an agreement Bling Platform Terms of Service and Privacy Policy.
To use the Service, You must have a mobile device that is compatible with the Application. Company does not warrant that the Application will be compatible with your mobile device. If you decide to use the Service, subject to Your agreement and compliance with these Terms, the Privacy Policy, and applicable terms and conditions of our partners. Company hereby grants You a non-exclusive, non-transferable, revocable license to install and use an object code copy of the Application for one registered account on one mobile device owned or leased solely by You. You may only play on one device at a time. You may not have multiple accounts, even if you have multiple devices. Company also grants You a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to access and use those portions of the Service that are not part of the Application. Use of the Service shall be solely for Your own, private, non-commercial entertainment purposes and for no other purpose whatsoever. Company can terminate this license at any time and with or without any reason. If the Service or any part thereof is determined to be illegal under the laws of the jurisdiction in which You are situated, You shall not be granted any license to use the Application or any other part of the Service, and must refrain from using it. You may not: (i) modify, disassemble, decompile or reverse engineer the Application; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Application to any third party or use the Application to provide time sharing or similar services for any third party; (iii) make any copies of the Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Application, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the Application; or (v) delete the copyright and other proprietary rights notices on the Application. You acknowledge that Company may from time to time issue upgraded versions of the Application, and may automatically electronically upgrade the version of the Application that You are using on Your mobile device, but that Company has no obligation to do so. You consent to such automatic upgrading on Your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Application or any copy thereof, and Company and its third party licensors or suppliers retain all right, title, and interest in and to the Application (and any copy of the Application). Standard carrier data charges may apply to Your use of the Application.
The Service and all content thereon or therein are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Company and its licensors exclusively own all right, title and interest in and to Service and all content thereon or therein, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service. You agree that You shall not:
Modify, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service without Company’ explicit, prior written permission;
Use, display, mirror or frame the Service, or any individual element within the Service;
Use the intellectual property of Company, or any Company licensor, to adapt, modify or create derivative works based on such intellectual property;
Rent, lease, loan, trade, sell/re-sell access to the Service or any information therein, in whole or part; or
Use or reproduce any Company licensor, or third party trademark or logo without the prior express written consent of the owner of such trademark or logo.
The Service may contain links to third-party websites or resources that are not owned or controlled by Company. You acknowledge and agree that Company is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Company does not control nor does it review, research, verify, validate or approve the third-party sites to which the Service may be linked. Such links, therefore, do not imply any endorsement by Company of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from Your use of any such websites or resources.
You acknowledge and agree that Company may update the Service with or without notifying You. Company may require that You accept updates to the Service and You may also need to update third party software from time to time in order to receive the Service. Company conducts maintenance work on its system from time to time. A portion, or sometimes all, of the features of the Service will not be available during maintenance periods. All problems encountered during the use of the Service, including those with regard to Your Account, can be reported to Company when the problem is encountered by emailing us at support@playdaystudios.com.
THE SERVICES (INCLUDING THE APPLICATIONS) AND ALL CONTENT THEREON OR THEREIN ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, COMPANY, OUR PARTNERS, AND OUR AND THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS (COLLECTIVELY, THE “COMPANY PARTIES”) EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE COMPANY PARTIES MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. THE COMPANY PARTIES MAKE NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH SERVICE.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE, INCLUDING THE APPLICATION, REMAINS WITH YOU. NEITHER THE COMPANY PARTIES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, WHETHER BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL THE COMPANY PARTIES’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, ANY PART THEREOF, OR ANY CONTENT EXCEED ONE DOLLAR ($1). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU
You agree to indemnify, save, and hold the Company Parties harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of the Service, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. Company reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Company, and You agree to cooperate with Company’ defense of these claims. Company will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this Indemnity section will survive any termination of Your Account (if applicable) or of Your access to or use of the Service.
We may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of this Service, including: (i) changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, this Service; (ii) removing, adding, modifying or otherwise changing any fees or charges arising out of use of this Service or any features of this Service; and (iii) removing, adding, modifying or otherwise changing any content on this Service. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of this Service at any time without notice, but confirm that we have no duty to do so.
The following additional terms and conditions apply with respect to any application that Company provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
You acknowledge that these Terms are between you and Company only, and not with Apple, Inc. (“Apple”).
Your use of the iOS App must comply with Usage Rules set forth in Apple’s then-current App Store Terms of Service.
Company, and not Apple, is solely responsible for our iOS App and the services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the iOS App to conform to any warranty.
You agree that Company, and not Apple, is responsible for addressing any claims by you or any third party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
You agree that Company, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
You agree to comply with all applicable third party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
You agree that Apple and Apple’s subsidiaries are third party beneficiaries to these Terms as they relate to your license to use the iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third party beneficiary thereof.
The following additional terms and conditions apply with respect to any application that Company provides to you designed for use on an Android-powered mobile device (an “Android App”):
You acknowledge that these Terms are between you and Company only, and not with Google, Inc. (“Google”).
Your use of the Android App must comply with Google’s then-current Google Play Terms of Service.
Company, and not Google, is solely responsible for the Android App, the services and content available thereon and the support and maintenance thereof. Google has no obligation or liability to you with respect to the Android App or these Terms.
These Terms and any action related thereto will be governed by the laws of the State of Delaware without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in Orange County, California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
These Terms constitute the entire and exclusive understanding and agreement between Company and You regarding the Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Company and You regarding the Service.
You may not assign or transfer these Terms, by operation of law or otherwise, without Company’ prior written consent. Any attempt by You to assign or transfer these Terms, without such consent, will be of no effect. Company may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Company (i) via email (in each case to the address that You provided) or (ii) by posting to the Service via this Site. Any notices or other communications permitted or required hereunder by You, shall be in writing and addressed to Company Legal Department, 340 S. Lemon Ave. #1433, Walnut, CA 91789. Any notices that You provide without compliance with this section shall have no legal effect.
The failure of Company to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Company. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
THE SECTION TITLES IN THESE TERMS OF SERVICE ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT.
Playday LLC (“playdaystudios.com”, hereafter “Company”) is dedicated to protecting your personal information and informing you about how we use your information. This Privacy Policy applies to Company-owned websites (including playdaystudios.com), Company mobile applications available for download on a third party mobile store, any related components or services (“Services”, and the content we make available. This Privacy Policy should be read in conjunction with our other legal agreements with you. Please review this Privacy Policy periodically as we may revise it from time to time. If you do not agree with or accept our Privacy Policy in its entirety, you must not access or use the Services. If you use the Services following a change to the terms of this Privacy Policy you agree to accept the revised policies
We collect personally identifiable information (“PII”) that may be submitted, collected via your interactions with the Services, or through the use of tracking technology including cookies. PII is either submitted or collected and is described as follows:
PII Submitted
You will not be required to provide us any information when you use our Services. Where you submit a request for us to contact you or you create an account we may collect PII such as your email and social media information provided by your login with third party platforms, including Facebook, Google, and Apple. If you log in to our websites or online services via a third party site, such as Facebook, that site may pass information to us, such as user ID, name associated with the ID, email address and location, plus other information as described in that website's privacy policy. We may also return information about you to that social networking site regarding your log in, such as which of our websites and apps you visit and use, and your use of social media services on those websites and apps. Where you submit information in this manner you consent that we may contact you via the PII provided.
PII Collected
Whenever you use our website or applications, we may collect automatically collect PII either from your interactions or via tracking technologies (cookies and web beacons) which includes information such as your IP address , browsing history, registration history, interactions with the Services, usage information, location, referring URL, browser, operating system, data usage, data transferred, computer or device information, Internet service provider, and device or user unique identifiers.
We use your PII for the following purposes:
To provide any services offered.
To enhance or improve our users’ experiences.
To to contact you via email or other electronic communications where you have an inquiry.
To notify you of additional Bling services and updates.
To share your information with third party partners for marketing and analytic purposes or third parties hired by us to perform functions and provide services to us subject to the obligations consistent with this Privacy Policy and on the condition that the third parties use your information only on our behalf and pursuant to our instructions.
If you have any questions or wish to review, remove, change, or access any of your information collected by us, please contact us at support@playdaystudios.com. Any requests to delete or modify information shall be subject to our right to retain such information for business or legal purposes.
We use cookies as stated within our Cookie Policy. Cookies must be enabled in your browser in order for some of our Services to function properly. If you disable cookies from your web browser some portions, some of our Services may not work. Our Cookie Policy is integrated into the Privacy Policy.
Although you are entering into an Agreement with Company to disclose your information to us, we do use third party individuals and organizations to assist us, including contractors, web hosts, marketers, customer service organizations, and others to allow you to access the Platform. We also use the Bling Platform for account registration, registration, and recordkeeping. The Bling Platform Privacy Policy is hereby incorporated into this Privacy Policy.
You agree that we may disclose your information to authorities if compelled to by a court order. Additionally, you agree that we may disclose your information if we reasonably believe that you have violated United States’ federal and state laws, the terms of any legal agreements you have with us or our Privacy Policy, or if we believe that a third party is at risk of bodily or economic harm. In the event that we receive a subpoena affecting your privacy, we may elect to notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either. We may also proactively report you and release your information without receiving any request to third parties where we believe that it is proper to do so for legal reasons, where your actions violate any law of the United States or any other country having jurisdiction over us, our Services, or our Privacy Policy. You release us from any damages that may arise from or relate to the release of your information to a request from law enforcement agencies or private litigants. We may release your information under the conditions listed in this paragraph whether it is to individuals or entities and to any state or federal authorities, as required.
If you decide to provide us with your contact information, you agree that we may send you communications via text and emails where you have opted into such communications. However, you may unsubscribe from certain communications by notifying us that you no longer wish to receive these communications, we will endeavor to promptly remove you once we have received that request. We currently do not offer functionality for you to opt out through “do not track” listings as no DNT standard has been adopted.
Our website or mobile apps may have links to third party websites, which may include information that we have no control over. When accessing a third party site through our website or mobile apps, you acknowledge that you are aware that these third party websites are not screened for privacy or security issues by us, and you release us from any liability for the conduct of these third party websites. We bear no responsibility for the information collected or used by any advertiser or third party website. You must review such third parties terms of use or privacy policy to understand how their information collection practices work.
We make reasonable attempts to protect your information by using physical and electronic safeguards such as data encryption, user authentication, password verification, and physical barriers. However, as this is the Internet, we can make no guarantees as to the security or privacy of your information. For this reason, we recommend that you use anti-virus software, routine electronic security checks, firewalls, and other precautions to protect yourself from security and privacy threats.
We permit residents of the State of California to use its Services, and complies with the California Business and Professions Code §§ 22575-22579. If you are a California resident you may request certain information regarding our disclosure of personal information to any third parties for their direct marketing purposes. Various provisions throughout this Privacy Policy address requirements of the Californian privacy statutes. Although we do not disseminate your information to third parties without permission, you must presume that we collect electronic information from all visitors. You may contact us at support@playdaystudios.com with any questions.
We intend to fully comply with American and international laws respecting children’s privacy including COPPA. Therefore, we do not collect or process any information for any persons under the age of 13. If you are under 13 and us our Services, please stop immediately and do not submit any information to us. In the event that we have inadvertently collected any information from users under the age of 13, please contact us immediately.
Your information may be transferred to - and maintained on - computers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer. PII that is submitted to us will be collected, processed, stored, disclosed and disposed of in accordance with applicable U.S. law and this policy. If you are a non-U.S. member, you acknowledge and agree that we may collect and use your PII and disclose it to other entities outside your resident jurisdiction. In addition, such information may be stored on servers located outside your resident jurisdiction. U.S. law may not provide the degree of protection for information that is available in other countries.
In the event that we are involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction. Please be aware that once the information is transferred, your privacy rights may change.
We may amend this Privacy Policy from time to time. When we amend this Privacy Policy, we will modify the date listed or we may contact you. You must agree to the amendments as a condition of your continued use of our Services. If you do not agree, you must immediately cease using our Services.
We respect the rights of persons living within the European Economic Community (EEC) and the rights afforded to them under the General Data Protection Regulation (GDPR), the sections 16-22 are referred to as our Privacy Notice and address additional privileges that EEC users may have under our Privacy Policy. This Privacy Notice explains how we shall assist our users who live within the EEC.
Legal Rights
Your Rights Under the GDPR
The right to be informed
Company wishes to keep you informed as to what we do with your personal information. We strive to be transparent about how we use your data.
The right to access
You have the right to access your information at any time.
The right to rectification
If the information Company holds about you is inaccurate or not complete, you have the right to ask us to rectify it. If that data has been passed to a third party with your consent or for legal reasons, then we must also ask them to rectify the data.
The right to erasure
Sometimes called ‘the right to be forgotten’. You have the right to request that Company to erase all your PII.
The right to restrict processing
You have the right to ask Company to restrict how we process your data. This means we are permitted to store the data but not further process it. We will only keep enough data to ensure that we can accommodate any additional requests.
The right to data portability
Company must allow you to port and reuse your PII for your own purposes across different platforms. This right only applies to PII that you have provided to us as a data controller.
The right to object
You have the right to object to Company processing your data even if our processing is due to legitimate purposes as described in our Privacy Notice
The right to withdraw consent
If you have given us your consent to process your data but change your mind later, you have the right to withdraw your consent at any time, and Company must stop processing your data.
If you wish to exercise any of these rights or have questions about any of these rights please contact us at the information listed below.
For the purposes of this Privacy Notice “personal data” as defined under the GDPR shall mean PII as defined in this Privacy Policy. The following are the specific legitimate purposes that we may use your PII for:
Contract Administration - We may use your PII to (1) negotiate, execute, renew and/or manage a contract with you; and/or (2) communicate with you in respect of the above (including sending (legal) notifications). (Performance of Contract)
Access and Communications with our Services – (1) interact with you via our Services; (2) communicate with you regarding updates or in response to inquiries; and/or (3) manage and respond to your questions or comments (e.g. technical, commercial or administrative) or requests for maintenance and support. (Legitimate Interest)
Use of the Services - We may use your PII to (1) enable you to enjoy the use of, and easily navigate our Services; (2) to understand how our Services function for you; and (3) to share with third parties we use to maintain our Services (Legitimate Interest)
Direct Marketing and Third Party Marketing - We may use your PII to contact you for additional products and services that you have expressed interest in. (Consent)
Training and Improvements - We may use your PII to (1) train our employees or contractors to allow for a better experience; and/or (2) improve the Services. (Legitimate Interest)
Please be aware that all legitimate purposes will be taken with minimal amounts of additional processing. Aside from the purposes listed, we may share your information where investigations or a legal dispute has occurred in accordance with our Privacy Policy (Legal Obligation).
Your PII is processed by Company manually and/or using our tools and third party providers as described in this Notice. Company shall process such PII for specific purposes and only where there is a specific legal basis for doing as described above in Section 17.
We will only retain your PII for as long as required and proportionate to the use of your PII. We will keep your personal information:
For any legally required duration
Upon your request to eliminate, delete, or modify any of you PII stored with us, we will honor such legitimate request.
Until we no longer have a valid reason to keep or use your PII.
Where you have requested modification or deletion of your PII, we may keep just enough of your personal information to ensure that we comply with your requests not use your personal information or comply with your right to erasure subject to any legal obligations or legitimate interests. If you require additional details regarding the retention of your PII please contact us.
Your PII is subject to the security provisions found within this Privacy Policy and the security measures we take are in line with industry standards. When you submit PII to us your PII may be transferred and stored in the United States. Bling shall ensure that your PII shall have an adequate level of protection and that your information will be accessible as stated under the Privacy Notice. In order to facilitate such a transfer under the GDPR, we rely on EU Standard Contractual Clauses (“SCCs” also called Model Clauses) published by the European Commission to protect your PII. These are standard form data export agreements that have been approved by the European Commission as a lawful basis for transferring PII to non-EEA countries like the USA. By submitting any PII to us you agree to be bound the SCCs (which are integrated into this Privacy Policy).
We may disclose your personal information to a third party as described below subject to the legitimate purpose as specified within the Privacy Notice. We have entered into agreements (including but not limited to Data Protection Agreements) with all third parties that we disclose your personal information to and they are prohibited from selling such personal information.
We share your PII with the following third parties:
Data Processor
Purpose of Sharing
Privacy Policy
Google
Use of the Services; Training and Improvements
Firebase Analytics
Use of the Services; Training and Improvements
Hotjar
Use of the Services; Training and Improvements
Facebook
Use of the Services; Direct and Third Party Marketing; Contract Administration
Freshdesk
Access and Communications with the Services; Contract Administration
Various Ad Network Provider
Use of the Services; Direct and Third Party Marketing; Training and Improvements
Varies based on provider
Amazon
Use of the Services
All Data Processors have entered into binding agreements with us that respect your rights under the GDPR.
If you are an EEC resident and you have any questions regarding your rights under this Notice or wish to exercise any rights as enumerated under the GDPR, please contact us at: support@playdaystudios.com or
Playday LLC – Data Privacy Officer
340 S Lemon Ave #1433
Walnut, CA 91789
United States
support@playdaystudios.com
Please label any email communications with the title “GDPR Request”.
We may collect your personal information in the following ways: (1) directly from your submission of such personal information; and/or (2) indirectly from your use of the Services or observing your actions or interactions with the Services.
We may use or disclose the personal information we collect for one or more of the following purposes:
To fulfill or meet the reason you provided the personal information to us and to provide you with the full functionality and access to our Services
To use as disclosed with Section 3 of our Privacy Policy.
To share with companies that we employ to provide services or for marketing purposes.
We 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.
We may disclose your personal information to a third party for a business purpose, as required, so that we may provide you with access to the Services, allow you to interact with the Services, and to understand how you use our Services. This chart explains in detail how we disclose your personal information to third parties:
Category of Personal Information Collected
Source(s) from which that information may be collected
Business Purpose
Categories of Third Parties to which Bling shares this personal information
Email
Services
To operate our Services, enter into a contract, and to provide you with services
Data processing and analytics vendors; Customer service vendors
Facebook, Apple, and Google ID and Login
Services
To operate our Services, enter into a contract, and to provide you with services
Data processing and analytics vendors; Advertising vendors
IP Address
Services
Deliver Advertising and to understand your Services usage
Data processing and analytics vendors; Advertising vendors
Interactions
Services
To understand your Services usage and to improve our Services
Data processing and analytics vendors
User and Device Identifiers (i.e. Google Advertising ID)
Services
Deliver Advertising and to understand your Services usage
Data processing and analytics vendors; Advertising vendors
Usage History
Services
To understand your Services usage and to improve our Services
Data processing and analytics vendors
Registration History
Services
To understand your Services usage and to improve our Services
Data processing and analytics vendors
Locations
Services
To understand your Services usage and to improve our Services; Deliver Advertising
Data processing and analytics vendors; Advertising vendors
Referring URL
Services
To understand your Services usage and to improve our Services; Deliver Advertising
Data processing and analytics vendors; Advertising vendors
Browser
Services
To understand your Services usage and to improve our Services; Deliver Advertising
Data processing and analytics vendors; Advertising vendors
Operating System
Services
To understand your Services usage and to improve our Services; Deliver Advertising
Data processing and analytics vendors; Advertising vendors
Data Usage / Transferred
Services
To understand your Services usage and to improve our Services; Deliver Advertising
Data processing and analytics vendors; Advertising vendors
Computer / Device Information
Services
To understand your Services usage and to improve our Services; Deliver Advertising
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Definitions
For the purposes of the Clauses:
(a) ‘personal data’, ‘special categories of data’, ‘process/processing’, ‘controller’, ‘processor’, ‘data subject’ and ‘supervisory authority’ shall have the same meaning as in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data;
(b) ‘the data exporter’ means the controller who transfers the personal data;
(c) ‘the data importer’ means the processor who agrees to receive from the data exporter personal data intended for processing on his behalf after the transfer in accordance with his instructions and the terms of the Clauses and who is not subject to a third country’s system ensuring adequate protection within the meaning of Article 25(1) of Directive 95/46/EC;
(d) ‘the sub-processor’ means any processor engaged by the data importer or by any other sub-processor of the data importer who agrees to receive from the data importer or from any other sub-processor of the data importer personal data exclusively intended for processing activities to be carried out on behalf of the data exporter after the transfer in accordance with his instructions, the terms of the Clauses and the terms of the written subcontract;
(e) ‘the applicable data protection law’ means the legislation protecting the fundamental rights and freedoms of individuals and, in particular, their right to privacy with respect to the processing of personal data applicable to a data controller in the Member State in which the data exporter is established;
(f) ‘technical and organisational security measures’ means those measures aimed at protecting personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing.
Details of the transfer
The details of the transfer and in particular the special categories of personal data where applicable are specified in Appendix 1 which forms an integral part of the Clauses.
Third-party beneficiary clause
1. The data subject can enforce against the data exporter this Clause, Clause 4(b) to (i), Clause 5(a) to (e), and (g) to (j), Clause 6(1) and (2), Clause 7, Clause 8(2), and Clauses 9 to 12 as third-party beneficiary.
2. The data subject can enforce against the data importer this Clause, Clause 5(a) to (e) and (g), Clause 6, Clause 7, Clause 8(2), and Clauses 9 to 12, in cases where the data exporter has factually disappeared or has ceased to exist in law unless any successor entity has assumed the entire legal obligations of the data exporter by contract or by operation of law, as a result of which it takes on the rights and obligations of the data exporter, in which case the data subject can enforce them against such entity.
3. The data subject can enforce against the sub-processor this Clause, Clause 5(a) to (e) and (g), Clause 6, Clause 7, Clause 8(2), and Clauses 9 to 12, in cases where both the data exporter and the data importer have factually disappeared or ceased to exist in law or have become insolvent, unless any successor entity has assumed the entire legal obligations of the data exporter by contract or by operation of law as a result of which it takes on the rights and obligations of the data exporter, in which case the data subject can enforce them against such entity. Such third-party liability of the sub-processor shall be limited to its own processing operations under the Clauses.
4. The parties do not object to a data subject being represented by an association or other body if the data subject so expressly wishes and if permitted by national law.
Obligations of the data exporter
The data exporter agrees and warrants:
(a) that the processing, including the transfer itself, of the personal data has been and will continue to be carried out in accordance with the relevant provisions of the applicable data protection law (and, where applicable, has been notified to the relevant authorities of the Member State where the data exporter is established) and does not violate the relevant provisions of that State;
(b) that it has instructed and throughout the duration of the personal data-processing services will instruct the data importer to process the personal data transferred only on the data exporter’s behalf and in accordance with the applicable data protection law and the Clauses;
(c) that the data importer will provide sufficient guarantees in respect of the technical and organisational security measures specified in Appendix 2 to this contract;
(d) that after assessment of the requirements of the applicable data protection law, the security measures are appropriate to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing, and that these measures ensure a level of security appropriate to the risks presented by the processing and the nature of the data to be protected having regard to the state of the art and the cost of their implementation;
(e) that it will ensure compliance with the security measures;
(f) that, if the transfer involves special categories of data, the data subject has been informed or will be informed before, or as soon as possible after, the transfer that its data could be transmitted to a third country not providing adequate protection within the meaning of Directive 95/46/EC;
(g) to forward any notification received from the data importer or any sub-processor pursuant to Clause 5(b) and Clause 8(3) to the data protection supervisory authority if the data exporter decides to continue the transfer or to lift the suspension;
(h) to make available to the data subjects upon request a copy of the Clauses, with the exception of Appendix 2, and a summary description of the security measures, as well as a copy of any contract for sub-processing services which has to be made in accordance with the Clauses, unless the Clauses or the contract contain commercial information, in which case it may remove such commercial information;
(i) that, in the event of sub-processing, the processing activity is carried out in accordance with Clause 11 by a sub-processor providing at least the same level of protection for the personal data and the rights of data subject as the data importer under the Clauses; and
(j) that it will ensure compliance with Clause 4(a) to (i).
Obligations of the data importer [1]
The data importer agrees and warrants:
(a) to process the personal data only on behalf of the data exporter and in compliance with its instructions and the Clauses; if it cannot provide such compliance for whatever reasons, it agrees to inform promptly the data exporter of its inability to comply, in which case the data exporter is entitled to suspend the transfer of data and/or terminate the contract;
(b) that it has no reason to believe that the legislation applicable to it prevents it from fulfilling the instructions received from the data exporter and its obligations under the contract and that in the event of a change in this legislation which is likely to have a substantial adverse effect on the warranties and obligations provided by the Clauses, it will promptly notify the change to the data exporter as soon as it is aware, in which case the data exporter is entitled to suspend the transfer of data and/or terminate the contract;
(c) that it has implemented the technical and organisational security measures specified in Appendix 2 before processing the personal data transferred;
(d) that it will promptly notify the data exporter about: (i) any legally binding request for disclosure of the personal data by a law enforcement authority unless otherwise prohibited, such as a prohibition under criminal law to preserve the confidentiality of a law enforcement investigation; (ii) any accidental or unauthorised access; and (iii) any request received directly from the data subjects without responding to that request, unless it has been otherwise authorised to do so;
(e) to deal promptly and properly with all inquiries from the data exporter relating to its processing of the personal data subject to the transfer and to abide by the advice of the supervisory authority with regard to the processing of the data transferred;
(f) at the request of the data exporter to submit its data-processing facilities for audit of the processing activities covered by the Clauses which shall be carried out by the data exporter or an inspection body composed of independent members and in possession of the required professional qualifications bound by a duty of confidentiality, selected by the data exporter, where applicable, in agreement with the supervisory authority;
(g) to make available to the data subject upon request a copy of the Clauses, or any existing contract for sub-processing, unless the Clauses or contract contain commercial information, in which case it may remove such commercial information, with the exception of Appendix 2 which shall be replaced by a summary description of the security measures in those cases where the data subject is unable to obtain a copy from the data exporter;
(h) that, in the event of sub-processing, it has previously informed the data exporter and obtained its prior written consent;
(i) that the processing services by the sub-processor will be carried out in accordance with Clause 11;
(j) to send promptly a copy of any sub-processor agreement it concludes under the Clauses to the data exporter.
Liability
1. The parties agree that any data subject, who has suffered damage as a result of any breach of the obligations referred to in Clause 3 or in Clause 11 by any party or sub-processor is entitled to receive compensation from the data exporter for the damage suffered.
2. If a data subject is not able to bring a claim for compensation in accordance with paragraph 1 against the data exporter, arising out of a breach by the data importer or his sub-processor of any of their obligations referred to in Clause 3 or in Clause 11, because the data exporter has factually disappeared or ceased to exist in law or has become insolvent, the data importer agrees that the data subject may issue a claim against the data importer as if it were the data exporter, unless any successor entity has assumed the entire legal obligations of the data exporter by contract of by operation of law, in which case the data subject can enforce its rights against such entity. The data importer may not rely on a breach by a sub-processor of its obligations in order to avoid its own liabilities.
3. If a data subject is not able to bring a claim against the data exporter or the data importer referred to in paragraphs 1 and 2, arising out of a breach by the sub-processor of any of their obligations referred to in Clause 3 or in Clause 11 because both the data exporter and the data importer have factually disappeared or ceased to exist in law or have become insolvent, the sub-processor agrees that the data subject may issue a claim against the data sub-processor with regard to its own processing operations under the Clauses as if it were the data exporter or the data importer, unless any successor entity has assumed the entire legal obligations of the data exporter or data importer by contract or by operation of law, in which case the data subject can enforce its rights against such entity. The liability of the sub-processor shall be limited to its own processing operations under the Clauses.
Mediation and jurisdiction
1. The data importer agrees that if the data subject invokes against it third-party beneficiary rights and/or claims compensation for damages under the Clauses, the data importer will accept the decision of the data subject:
(a) to refer the dispute to mediation, by an independent person or, where applicable, by the supervisory authority;
(b) to refer the dispute to the courts in the Member State in which the data exporter is established.
2. The parties agree that the choice made by the data subject will not prejudice its substantive or procedural rights to seek remedies in accordance with other provisions of national or international law.
Cooperation with supervisory authorities
1. The data exporter agrees to deposit a copy of this contract with the supervisory authority if it so requests or if such deposit is required under the applicable data protection law.
2. The parties agree that the supervisory authority has the right to conduct an audit of the data importer, and of any sub-processor, which has the same scope and is subject to the same conditions as would apply to an audit of the data exporter under the applicable data protection law.
3. The data importer shall promptly inform the data exporter about the existence of legislation applicable to it or any sub-processor preventing the conduct of an audit of the data importer, or any sub-processor, pursuant to paragraph 2. In such a case the data exporter shall be entitled to take the measures foreseen in Clause 5(b).
Governing law
The Clauses shall be governed by the law of the Member State in which the data exporter is established.
Variation of the contract
The parties undertake not to vary or modify the Clauses. This does not preclude the parties from adding clauses on business related issues where required as long as they do not contradict the Clause.
Sub-processing
1. The data importer shall not subcontract any of its processing operations performed on behalf of the data exporter under the Clauses without the prior written consent of the data exporter. Where the data importer subcontracts its obligations under the Clauses, with the consent of the data exporter, it shall do so only by way of a written agreement with the sub-processor which imposes the same obligations on the sub-processor as are imposed on the data importer under the Clauses (3). Where the sub-processor fails to fulfil its data protection obligations under such written agreement the data importer shall remain fully liable to the data exporter for the performance of the sub-processor’s obligations under such agreement.
2. The prior written contract between the data importer and the sub-processor shall also provide for a third-party beneficiary clause as laid down in Clause 3 for cases where the data subject is not able to bring the claim for compensation referred to in paragraph 1 of Clause 6 against the data exporter or the data importer because they have factually disappeared or have ceased to exist in law or have become insolvent and no successor entity has assumed the entire legal obligations of the data exporter or data importer by contract or by operation of law. Such third-party liability of the sub-processor shall be limited to its own processing operations under the Clauses.
3. The provisions relating to data protection aspects for sub-processing of the contract referred to in paragraph 1 shall be governed by the law of the Member State in which the data exporter is established, namely …
4. The data exporter shall keep a list of sub-processing agreements concluded under the Clauses and notified by the data importer pursuant to Clause 5(j), which shall be updated at least once a year. The list shall be available to the data exporter’s data protection supervisory authority.
Obligation after the termination of personal data-processing services
1. The parties agree that on the termination of the provision of data-processing services, the data importer and the sub-processor shall, at the choice of the data exporter, return all the personal data transferred and the copies thereof to the data exporter or shall destroy all the personal data and certify to the data exporter that it has done so, unless legislation imposed upon the data importer prevents it from returning or destroying all or part of the personal data transferred. In that case, the data importer warrants that it will guarantee the confidentiality of the personal data transferred and will not actively process the personal data transferred anymore.
2. The data importer and the sub-processor warrant that upon request of the data exporter and/or of the supervisory authority, it will submit its data-processing facilities for an audit of the measures referred to in paragraph 1.
[1] Mandatory requirements of the national legislation applicable to the data importer which do not go beyond what is necessary in a democratic society on the basis of one of the interests listed in Article 13(1) of Directive 95/46/EC, that is, if they constitute a necessary measure to safeguard national security, defence, public security, the prevention, investigation, detection and prosecution of criminal offences or of breaches of ethics for the regulated professions, an important economic or financial interest of the State or the protection of the data subject or the rights and freedoms of others, are not in contradiction with the standard contractual clauses. Some examples of such mandatory requirements which do not go beyond what is necessary in a democratic society are, inter alia, internationally recognised sanctions, tax-reporting requirements or anti-money-laundering reporting requirements.
Data exporter
The data exporter is the entity identified as “you” or “user” in the PlayDay Privacy Policy.
Data importer
The data importer is:
PlayDay LLC
340 S. Lemon Ave #1433
Walnut, CA 91789
United States
support@playdaystudios.com
Data subjects
The personal data concerns the categories of data subjects as defined in the PlayDay Privacy Policy.
Categories of data
The personal data concerns the categories of data as defined in the PlayDay Privacy Policy.
Processing operations
The processing operations are defined in the PlayDay Privacy Policy.
This Appendix forms part of the Clauses. By accessing the Playday website or its mobile applications and agreeing to the Playday Privacy Policy, the parties will be deemed to have accepted and executed this Appendix 2.
Description of the technical and organisational security measures implemented by the data importer in accordance with Clauses 4(d) and 5(c) (or document/legislation attached):
The technical and organisational security measures implemented by the data importer are as described in the Playday Privacy Policy.
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