1. Who is the controller of my data?
Digital Tales USA LLC, with registered office at THE LAB, 400 NW 26th St., Suite #111, MIAMI FL 33127, USA, email: [email protected] (hereafter, “DTales” or also “the Controller”) pursuant to the articles 4 e 28 of the legislative decree of June 30, 2003, n. 196 – The Code of Privacy (hereafter “Privacy Code”) and to the articles 4, n. 7) and 24 of the EU Regulation 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data (hereinafter, “Privacy Regulation”).
2. What type of data are we processing?
We only collect information that You provide directly to us, for example by creating an account, managing Your user profile, participating in interactive features of our Services, requesting any marketing communications, participating in a promotion or survey, requesting assistance or any other communication with us. We may also retrieve information from other sources and combine it with information collected through our Services. For example, if You create or access Your account through a social media site, we will have access to certain information on that site, such as Your name, account information or profile photo, under the authorization procedures determined by that social media site. The personal data provided (such as name, surname, email address, gender, date of birth, ID of the device, IP address and username, etc..), will in any case be processed and stored in electronic or paper files within a structure that takes all appropriate security measures imposed by the Privacy Code and the Privacy Regulation. Such data will be processed manually and/or digitally. No personal data of a particular or criminal nature will be processed.
3. How and for what purposes is my data processed?
Your personal data is collected and processed, pursuant to art. 13 of the Privacy Code and the Privacy Regulations, by Digital Tales USA for purposes directly related to the use of applications, services, and websites of Digital Tales USA LLC (hereinafter “Services”). The data will be processed in accordance with the regulations indicated and will be based on principles of correctness, lawfulness, and transparency, protecting Your privacy and Your rights. Your personal data will also be processed to fulfil the obligations provided for by law, regulation, or Community legislation. Processing of personal data means any operation or set of operations performed with or without the aid of automated processes and applied to personal data or sets of personal data, such as collection, recording, organization, structuring, storage, adaptation or modification, extraction, consultation, use, communication by transmission, dissemination or any other form of provision, comparison or interconnection, limitation, cancellation, or destruction.
4. Is the provision of data compulsory or optional?
The provision of data is optional but necessary to allow access to and use of the Services; failure to provide data may therefore make it impossible to use these services. In accordance with the applicable provisions of the Privacy Code and the Privacy Regulations, the Controller for the purposes referred to in point 3 of this Policy is not obliged to obtain specific consent to the processing of personal data common to the parties concerned. The processing of such data, as illustrated above, pursues primary purposes for which Article 24 of the Privacy Code and Article 6 of the Privacy Regulation exclude the need to obtain the specific consent of the data subject, either because the processing is necessary to fulfil an obligation under the law, regulation or Community law, or because the processing is necessary to perform obligations under a contract to which the data subject is a party or to fulfil, before the conclusion of the contract, specific requests of the data subject or – finally – because the processing of data pursues administrative-accounting purposes pursuant to Article. 34 i-ter of the Privacy Code. If the interested party does not intend to provide the personal data requested and necessary based on the above, the consequence would be that it would be impossible to provide the Services.
5. Will you also process my data for marketing purposes?
Your data may also be processed, where specifically authorized by You, for the purpose of sending You communications regarding new applications, new web services and other activities of the Controller, for promotional, commercial, marketing and direct sales purposes. Such processing may take place either in paper form (e.g. filling in forms, coupons and similar paper documents) or by automated/computerized means, for secondary promotional, advertising or marketing purposes related to the promotion of services or Promotional Initiatives, by way of example but not limited to, sending newsletters via email with promotional or advertising messages (hereinafter “Processing for Marketing Purposes”). By giving consent, the interested party specifically acknowledges these Marketing Purposes in the broad sense of the treatment (including the management and administrative activities resulting from them) and expressly authorizes, once consent has been given in accordance with the procedures provided, said treatment both pursuant to Articles. 23 and 130 of the Privacy Code and pursuant to Article 6, paragraph 1, letter (a) of the Regulation. To proceed with the Processing for Marketing Purposes, it is mandatory to obtain a specific, separate, express, documented, prior, informed, free and completely optional consent. In the interests of absolute transparency, we therefore inform You that the data will be collected and subsequently processed on the basis of specific consent:
- to send to the subjects who have given a conscious consent advertising and informative material (e.g. Newsletters), of a promotional nature or in any case of a commercial solicitation, in accordance with article 23 and 130 of the Privacy Code;
- to carry out direct sales activities or placement of services of the Controller;
- to send commercial information; to carry out interactive commercial communications also pursuant to article 58 of Legislative Decree 206/2005, through the use of email;
- to process studies, research, market statistics and carry out surveys by electronic means of communication;
- to send unsolicited commercial communications, pursuant to Article 9 of Legislative Decree no. 70 of April 9, 2003 implementing the so-called Directive on Electronic Commerce 2000/31/EEC, which provides that unsolicited commercial communications must be immediately and unequivocally identifiable as such and must contain an indication that the recipient of the messages may object to the receipt of such communications in the future.
Therefore, by giving optional consent, the interested party specifically acknowledges and authorizes such further, possible secondary processing. We specifically and separately inform You, as required by art. 21 of the Privacy Regulation, that if personal data is processed for direct marketing purposes, the person concerned has the right to object at any time to the processing of personal data concerning him/her carried out for such purposes and that if the person concerned objects to the processing for direct marketing purposes, personal data may no longer be processed for such purposes.
6. In this case, is the provision of data compulsory or optional?
The provision of personal data to Digital Tales USA LLC and the provision of consent to the processing for marketing purposes for the purposes and in the manner described above are absolutely discretionary and optional (and in any case revocable without formality, even after the service, by sending an e-mail to [email protected]) and failure to provide such data will not result in consequences other than the impossibility for the Controller to proceed with the marketing treatments mentioned. In case of refusal of consent to the processing for marketing purposes, there will be no interference and / or consequence regarding the possibility of using the Services.
7. Will my data be communicated to third parties?
The data processed for the primary purposes may be communicated to any other third party when the communication is required by law. With reference to art. 13, paragraph 1, letter (d) of the Privacy Code and art. 13, paragraph 1, letter (e) of the Privacy Regulation, we proceed to indicate the subjects or categories of subjects who may come to know the personal data of the visitor as managers or agents and we provide below a list by category:
Digital Tales USA personnel, appointed as data processors;
third parties involved with Digital Tales USA’s processing activities and appointed as data processors;
8. Will my data be used for analytics?
Digital Tales USA processes the user’s information to derive its own statistics and enable the statistical services offered by third parties. We use analytics to support business analysis and operations, business intelligence, product and service development and improvement, content customization and the provision of advertising and recommendations. Digital Tales USA may also work with third parties, such as Flurry, Game Analytics, Appodeal, ironSource, PlayFab, Unity or Google Analytics, to analyze Your use of the Services. In any case, the data subject to statistical studies will be anonymous or pseudo-anonymized. For further information on Flurry, Game Analytics, Appodeal, ironSource, PlayFab, Unity or Google Analytics, please refer to the respective websites:
Personal data will not be disclosed.
9. What about other marketing purposes?
Digital Tales USA personnel, appointed as data processors;
third parties which are associated with Digital Tales USA’s processing activities and appointed as data processors;
The data will not be subject to further dissemination or communication. The updated list of subjects to whom the data may be communicated is available at Digital Tales USA LLC.
10. How long will you keep my data?
Your personal data will be kept for the time strictly necessary to carry out the primary purposes already described.
11. Where can I contact the Controller and the Data Processor?
The details of the Controller are as follows: Digital Tales USA LLC, with registered office at THE LAB, 400 NW 26th St., Suite #111, MIAMI FL 33127, USA, telephone number +1(786)872-3756, email: [email protected]. Address for the exercise of rights pursuant to art. 7 of the Privacy Code: email: [email protected] .The updated list of the Data Processors – if nominated – is available at the indicated office.
12. What are my rights?
Pursuant to Article 7 of the Privacy Code and pursuant to Articles 13, paragraph 2, letters (b) and (d), 15, 18, 19 and 21 of the Privacy Regulations, we inform You that:
a) You have the right to ask the Controller for access to Your personal data, the rectification or cancellation of the same or the limitation of the processing that concerns You or to oppose their processing, as well as the right to data portability;
b) You have the right to make a complaint for the protection of personal data
c) any corrections or cancellations or limitations to the processing carried out upon Your request – unless this proves impossible or involves a disproportionate effort – will be communicated by the Controller to each of the recipients to whom the personal data have been transmitted.
The Controller may notify You of such recipients if You request so. The exercise of the rights is not subject to any form constraint and is free of charge. For the sake of convenience, article 7 of the Privacy Code is reproduced in full below, while articles 15 to 23 of the Regulations can be consulted by following this link: https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32016R0679&from=EN
THE TEXT OF THE ARTICLE 7 OF THE PRIVACY CODE
(Right of access to personal data and other rights)
- The data subject has the right to obtain confirmation of the existence or otherwise of personal data concerning him/her, even if not the party is not yet registered, and their communication is in an intelligible form.
- The data subject has the right to obtain the information on:
– the origin of personal data;
– the purposes and methods of processing;
– the logic applied in the case of processing carried out using electronic tools;
– the identification details of owner, managers and representative appointed pursuant to article 5, paragraph 2;
– the subjects or categories of subjects to whom personal data may be communicated or who may become aware of it thought their position: representative in the territory of the State, managers or persons in charge.
- The data subject has the right to obtain:
– the update, correction or, where relevant, integration of data;
– the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including the data the retention of which is not necessary for the purposes the data was collected or processed further;
– certification that the operations referred to in letters a) and b) have been notified, also with regard to its content and to whom the data have been communicated or disseminated, unless this requirement proves to be impossible or involves the use of means manifestly disproportionate with respect to the right protected.
- The data subject has the right to oppose, in whole or in part:
– for legitimate reasons to the processing of personal data concerning him/her, although pertinent for the purpose of collection;
– the processing of personal data concerning him/her for the purpose of provision of advertising material, direct selling, carrying out market research or any commercial communication.