PRIVACY POLICY

Published on 8.04.2019. by:

SIA "Brain Games Publishing"

Registration code 40103795843
Ausmas iela 6A, Riga, LV-1006, Latvia
Phone: (+371) 67 334 034
Email: info@brain-games.com

General Information of Data Protection

We welcome your interest to SIA "Brain Games Publishing" (hereinafter referred as the “Brain Games”, “we”, “us”) privacy policy of this website. Data protection is of high importance for us. Careful handling of your personal data is a matter of course for us and thus any personal data are handled at all times in compliance with the applicable data protection laws.

This privacy policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by Brain Games. Gathered data are available only in the event of necessity and only to our employees or authorized persons. For the mentioned purpose we have taken the necessary technical and organizational steps to ensure that data privacy regulations are observed.

Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting this website you are accepting and consenting to the practices described in this policy.

The following data privacy policy covers only the procession of personal data on Brain Games website. If you follow a link to a different website, the applicable policy will be the data privacy policy/statement of the party operating that website.

Contents

Responsible party and its contact details
Data procession and duration of the processing activities

Information and description of data we collect from you
Information you give to us
Information we receive from other sources
Data procession for marketing purposes
Brain Games newsletter and support services
Cookies and other Internet technologies
Other use of personal data

Rights of the affected parties

Right of access and right to obtain a copy
Right to rectification, erasure, or restriction
Right to withdraw consent
Right to object
Right to data portability
Right to submit a complaint to a supervisory authority

Data security
Amendments to this privacy policy
Other terms and conditions

Legal disclaimer
Use of website, personal and non-commercial use limitation
“Copyright of Logos” and/or “Trademarks”
“Copyright of Photos” and/or “Copyright of Pictures”
“Copyright of Text(s)”
Copyright Complains

1. Responsible party and its contact details

For the purpose of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter – the GDPR), directly applicable starting from May 25, 2018, and the local privacy laws, the data controller is:

SIA "Brain Games Publishing",

Registration code 40103795843,
Legal address Ausmas street 6A, Riga, LV-1006, Latvia,
Phone: (+371) 67 334 034,
Email: info@brain-games.com,

In order to provide you with information and services on this website, Brain Games’ website hosting company WIX might process your personal data to ensure the maintenance of website, administer and support us in case of breaks, errors and other issues affecting website. In such case WIX is considered as data processor in accordance with the Article 28 of the GDPR. With terms of personal data processing by WIX you can get acquainted by visiting this site.

2. Data procession and duration of the processing activities

Brain Games is processing your personal data for diverse purposes, such as handling of orders, when you visit the website or to contact you, if you have submitted your game for publishing. The sections below sets out how we obtain your personal information.

We will store and process your personal data during the period necessary depending on the purposes of the processing and to comply with record retention obligations in accordance with applicable privacy laws and regulations.

a. Information and description of data we collect from you

When you visit our website, the following personal data might be collected about you:

IP address;
Name and surname (e.g. if you wish to receive informative messages, joining the mailing list);
E-mail address (e.g. if you wish to receive informative messages, joining the mailing list);
Phone number (e.g. if you submit the information on the missing or damaged components of the game);
Delivery address (e.g. if you submit the information on the missing or damaged components of the game).

You can visit our website without submitting any details about yourself. We or WIX may only save access data (such as: date, time and duration of your session; volume of the transmitted data and the requesting provider) in so-called server log files. This information is assessed solely to ensure smooth website operation and to improve our offers; we cannot deduce any personal information about you from that data because your IP address is only saved in its abbreviated form.

With regard to each of your visits to our site we will automatically collect the following information:

technical information, including the Internet protocol (IP) address used to connect your computer to the Internet (we collect this in abbreviated form and therefore will not be able to deduce any personal information from this), your browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
information about your visit, including the full Uniform Resource Locators (URL), clickstream to, through and from our site (including date and time), products you viewed or searched for in website;
response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any phone number used to call our customer service number.

Aforementioned information we will use in order to:

administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
improve our site to ensure that content is presented in the most effective manner for you and for your computer;
allow you to participate in interactive features of our service, when you choose to do so;
keep our site safe and secure as part of our efforts;
measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.

Please, be aware that by vising our website you can made available to WIX un-identified and non-identifiable information pertaining to you (non-personal data), but which, however, does not enable us or WIX to identify you from such information collected. The non-personal Information collected by us or WIX mainly consists of technical and aggregated usage information mentioned above, as well as website visitors’ browsing and ‘click-stream’ activity, session heatmaps and scrolls, non-identifying information regarding the visitor’s device, operating system, Internet browser, screen resolution, language and keyboard settings, internet service provider, referring/exit pages, date/time stamps, etc.

b. Information you give to us

The information about you that you give us by filling in forms on our website or by corresponding with us by phone, e-mail or otherwise may include:

Name and surname (e.g. if you wish to receive informative messages or a feedback regarding submitted game);
E-mail address (e.g. if you wish to receive informative messages, joining the mailing list);
IP address;
Phone number (e.g. if you submit the information on the missing or damaged components of the game);
Delivery address (e.g. if you submit the information on the missing or damaged components of the game).

This information is processed in accordance with the provisions of the GDPR when you provide it by visiting our site, subscribing to our newsletters, submitting a notice on missing or damaged components of the game or submitting your game for publishing on our website, leaving feedback on website or our e-mail, and when you report a problem with our website.

Aforementioned information we will use for following purposes:

to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
to provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you. If you are subscribed to our mailing list, we will only contact you by electronic means (e-mail) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you.
to provide you with the free of charge bulletin newsletter;
to notify you about changes to our service;
to ensure that content from our site is presented in the most effective manner for you and for your technical device you use for visiting website.

c. Information we receive from other sources

This is information we receive about you if you use any other websites (including the international sites) that we might operate in the future or the other services we provide. In this case we will inform you when we collect that data if we intend to share those data internally and combine it with data collected on this website. We will also tell you for what purpose we will share and combine your data. We are working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers). We will notify you when we receive information about you from them and the purposes for which we intend to use that information.

We will combine this information with information you give to us and information we collect about you. We will use this information and the combined information for the purposes set out above (depending on the types of information we receive).

For instance, to fulfill your order on the missing or damaged components of the game, we give the required details about you to the service company in charge of making the delivery. Furthermore, your details will be communicated to the payment service provider (e.g. the bank) in charge of handling your payment – depending on the payment modality chosen by you.

The chosen payment service provider also gathers some of this information independently when you open a proper account with that institution. In such cases you should contact your payment service provider with your access details as part of the order placement process. In that case the applicable data protection policy is the data privacy statement of the involved payment service provider.

Whenever Brain Games collaborates with service providers, our terms and conditions imposes an obligation on the service providers to protect data privacy.

d. Data procession for marketing purposes

We process your name, surname, and an e-mail address and order data for own marketing purposes on the basis of your expressed interests. We use this data for example to inform you about our own new products and campaigns (championships, tournaments) or to personalize the presentation of your search results and links. You can prevent this if you like. Please refer to 3: Rights of the affected parties for the details.

e. Brain Games newsletter and support services

At our website we offer you to subscribe to a newsletter with information about our offers, subject to your agreement. To receive Brain Games newsletter, you must enter your e-mail address on our website and tick your permission in the checkbox log next to it.

By subscribing to the newsletter, you agree to receive marketing materials distributed in the form of a newsletter by email. Your data provided for the purpose of receiving the newsletter is used solely for the purposes of delivering the newsletter.

In case the game you have bought from us has any of the components damaged or missing, or if you have lost a component, you can use the information form available here, and report such issue. In such case our representative will directly receive this notification via email and process this data accordingly, i.e., for the purposes such as contacting, agreeing on possible solutions, forming the delivery, etc.

If you want to submit your game for publishing, it is necessary for you to fill in the form and follow simple instructions described in our website. In such case our game developer will directly receive this information via email and process this data accordingly, i.e., for the purposes such as estimating the concept and core of the game, as well as to contact you regarding additional information, explanation (if necessary).

The data saved during the subscription to our newsletter, informing about the missing or damaged components, and submission of your game for publishing are transmitted to our website account hosting service provider’s WIX platform and stored there in compliance with the applicable European data protection laws and regulations. With detailed information about WIX privacy and data retention policy you can get acquainted by visiting it’s website: https://support.wix.com/en/about-wix/privacy.

The information on website is non-binding and intended for general information purposes only. We ensure that third parties are liable for the content of the hyperlinks implemented to website. Only the provider thereof shall be liable for illegal, incorrect or incomplete contents and for any damages arising from the use or non-use of the information contained on webpages linked to this website. Any information you provide to organizations which are using links to our website is being processed in accordance with their privacy policy, terms and conditions, and other policies. We do not assume any liability for damages, injuries or losses which arise from the use of this information.

At any time you can unsubscribe from receiving the newsletter by following instructions described in it or by sending the unsubscribe e-mail request to info@brain-games.com, or by making use of your rights described in Section 3.

Brain Games shall not be deemed liable for any inaccuracy of email addresses entered into the website or other personal data submitted to us, or collected through our website. Also, we are not liable in case you submit to us information that is a subject of copyright infringement. We are not required to verify the correctness of the information you provided to us, and Brain Games shall not be liable for any consequences, which occurred due to provision of incorrect or misleading information in course of such data processing regarding purposes described above.

f. Cookies and other Internet technologies

Cookies are small text files sent to your browser by our web server during your session at our website and saved by the browser in your computer ready to be called up later.

Wherever possible, Brain Games is using cookies that are deleted as soon as the browser is closed (session cookies).

Additionally, Brain Games also uses cookies that are stored in your computer for longer periods of time, if need be. Such cookies are used for example to gather data in case this webpage is visited for use of such data in statistic assessments and in order to estimate and provide that our website is more user-friendly.

Of course, you can also view our website basically without cookies. Typically, the settings of Internet browsers allow accepting cookies. You can deactivate use of cookies by changing your browser settings and delete the cookies at any time. Please refer to the Help function of your Internet browser for the details of changing the settings. In such case, i.e., disabling all cookies, means that we do not collect any data from your visit of the website. Please note, however, that some functions of our website will possibly not function properly or at all in case you deactivate use of cookies.

On our site, we use Google Analytics, a website usage tracking service of Google Inc. (‘Google’) which involves saving of cookies in the user’s computer to enable tracking of website usage by the user.

The information on usage of this website obtained through cookies is usually transmitted to and stored in a Google server in the USA. We use this service on our website with an activated IP depersonalisation function. It means that Google first compacts and thus depersonalizes your IP address on our website inside the EU member states or in other states that are party to the Agreement on the European Economic Area. The full IP address can be transmitted to the Google server in the USA and compacted there only in exceptional cases. Google will use this information on our orders to assess your usage of the website for the production of summary website activity reports and to provide us, as the website operator, further services concerning website and Internet usage.

The IP address of your browser transmitted within the framework of Google Analytics will not be pooled with other Google data.

You can prevent saving of cookies by changing your browser settings accordingly. It is possible that some functions will not be available on our website when use of cookies is deactivated. Furthermore, there is a possibility to prevent catching of data by Google Analytics by changing the settings to disable cookies.

Moreover, you can prevent transmission of the data generated by cookies concerning website usage (including your IP address) to Google and the procession of this data by Google by downloading and installing the browser plugin available by clicking on the following link: http://tools.google.com/dlpage/gaoptout?hl=en.

We incorporate videos from YouTube LLC (901 Cherry Ave., 94066 San Bruno, CA, USA) and from Google Inc. (Amphitheatre Parkway, Mountain View, CA 94043, USA) in our website. The videos are incorporated under the option ‘Enhanced Data Protection Mode’ made available by YouTube. If you call up a page with an incorporated video, it connects with the YouTube servers and thus demonstrates the content through the website on your browser.

According to YouTube, the data is only transmitted to the YouTube server in the Enhanced Data Protection Mode – in particular which pages of our website you have visited if you watch a video. If you are logged in YouTube at the same time, this information will be allocated to your YouTube member account.

You can find further details regarding data handling by YouTube at: https://policies.google.com/privacy.

We also offer links to third-party websites in addition to our own information. The content and design of third-party websites are beyond our control. We do not ensure that the information on third-party websites is accurate or correct. The links also represent no endorsement, support or confirmation of the contents at the linked sites. Only respective third-party shall be held liable for illegal, incorrect or incomplete contents and for any damages arising from the use or non-use of the information available in the hyperlinks linked to this site. The individual authors of the linked sites are responsible for the information, opinions and facts presented on their webpages. The same is true for comments made in guest books, discussion forms and e-mail lists. We are likewise not responsible for the technical security of both the links and target pages. We are therefore not liable for any damages that occur through use of either the information contained on these hyperlinks or the use of the hyperlinks themselves.

g. Other use of personal data

The processing of your personal data does not include profiling, nor shall you be subjected to automated decisions. We will always ask for your consent before using information for any purpose other than those set out in this Privacy Policy.

However, we reserve the right to disclose or transfer any personal data:

to protect ourselves and our affiliated companies against liability;
to protect the security and integrity of our website;
to respond to claims or other judicial requests;
if the law requires us to do this.

3. Rights of the affected parties

Please do not hesitate to contact us at your earliest convenience using the contact details provided in Section 1, in case you have questions concerning the data protection or should you wish to make use as an affected party of the rights granted to you under the applicable data protection laws and regulations concerning procession of your personal data by Brain Games.

In respect to your personal data you can exercise the following rights:

Right of access and right to obtain a copy.

It means that you have the right to freely andat any time get access to your personal data, as well as to be informed about the purpose of the data processing by us. You are entitled to request what personal data we process and for what purpose. In our response to your inquiry, we will also inform you about further specific circumstances relevant for the data processing.

Right to rectification, erasure or restriction.

It means that you have the right to request us to rectify or erase your personal data as far as it does not interfere with the execution of any legal obligations. You can also request the processing of your personal data to be restricted. Moreover, you are entitled to get your personal data adjusted, deleted or placed under restricted access regime or to obtain that data in accordance with the data transmissibility principles - to the extent the statutory conditions prerequisite are satisfied.

Right to withdraw consent.

It means that when the data processing is based on your consent, you have the right to withdraw your consent. You are entitled to recall at any time your consent given to us in accordance with the data protection laws and regulations (e.g. your agreement to receive our newsletters) with immediate effect for the future. If we process data on the basis of expressed interests (e.g. for marketing purposes), you have the right to ask us not to process your personal data for marketing purposes.

Right to object.

It means that you also have the right to object to the use of your personal data if we are processing your data for our legitimate interests.

Right to data portability.

It means that you have the right to obtain your personal data which is processed by us in a structured, commonly used and machine-readable format and/or to transfer this data to another data controller.

Right to submit a complaint to a supervisory authority.

Additionally you are entitled to lodge a complaint with the data protection supervisory authority in the Republic of Latvia. The authority supervising Brain Games is the Data State Inspectorate () and it can be contacted:

office address: Blaumaņa iela 11/13-11, Riga, LV-1011, Latvia;

telephone number: +371 67 22 31 31;

e-mail: info@dvi.gov.lv;

Homepage: www.dvi.gov.lv.

4. Data security

We have implemented certain technical and organisational security measures to protect your personal data in particular from accidental or intentional manipulations, loss, destruction or unauthorized access. Our security measures are improved on an ongoing basis in line with technology development.

The subscription, games publishing process, as well as the input of needed delivery address details is encoded with employment of WIX security measures to prevent unauthorized third party access, any other data breach or incompliance with the GDPR. More detailed information can be found by reading clicking on this site. In case you think processing your personal data is in controversy with any privacy law or you found a security issue or vulnerability, please contact the Brain Games via e-mail: info@brain-games.com.

You can see if your browser uses this secure transmission in case the Internet address starts with ‘https’ and shows a little lock symbol which (typically) appears in the address field of your browser window. The transmission is secure when the lock is closed. Some browsers mark the entire address field or a part thereof green in such situations.

Unfortunately, please be aware that the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

5. Amendments to this statement

We may update this data privacy policy on regular basis – in particular when we launch new products or services, change Internet procedures or implement more advanced Internet and electronic data processing security techniques.

We will publish the amendments here in this section. That is why you are recommended to visit our website from time to time to acquaint yourself with the current updated version of the data privacy policy. The version published at the time of your visit to our website is the latest effective version.

6. Other terms and conditions

a. Legal disclaimer

We have compiled our website very carefully and it is continually expanded and updated. Nevertheless, we assume no liability for the accuracy or completeness of the contents. We do not assume any liability for direct, indirect, material or immaterial damages that may arise from the use of the information provided on this website. So we do not assume any liability for the uninterrupted accessibility of this website. The use of the website is at the user’s own personal risk except when incorrect information is published intentionally or with gross negligence. Although we make every effort to protect our information systems, our website cannot be guaranteed as 100% secure. Therefore, we do not guarantee the absence of computer viruses, and, thus it is expected that you will take reasonable security measures for your own protection.

We are entitled to make changes or improvements to the information on this website at any time and in any extent without prior or following notification thereof.

Brain Games owns the copyright to this website and all rights are reserved.

Any existing or future legal relationships are exclusively subject to Latvian law and under the jurisdiction of Latvian courts only.

b. Use of website, personal and non-commercial use limitation

Unless otherwise specified, our website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from our website.

You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the website solely for your own non-commercial use, or to place an order with us or to purchase our products. Any other use of materials on this website, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this website, without prior written permission of Brain Games is strictly prohibited.

c. “Copyright of Logos” and/or “Trademarks”

Logos and/or Trademarks used on this website are protected or might be protected by owner/creator or copyright owner of it. We own or got granted the permission to use such on this website.

All trademarks, service marks, and trade names (collectively the "Marks") are trademarks or registered trademarks of and are proprietary to Brain Games, or other respective owners that have granted us the right and license to use such Marks.

d. “Copyright of Photos” and/or “Copyright of Pictures”

Photos and/or Pictures used on this website are protected by owner/creator or copyright owner of it. In cases required Brain Games owns or got granted the permission/license to use such on this website.

e. “Copyright of Text(s)”

Text(s) used on this website are protected or might be protected by owner/creator or copyright owner of it. In cases required Brain Games owns or got granted the permission/license to use such on this website.

f. Copyright Complains

Brain Games respects the intellectual property of others, and we ask our users and visitors to do the same.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Brain Games the following information. Please be advised that to be effective, the notification must include all of the following:

a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the website;
your address, telephone number, and email address and all other information reasonably sufficient to permit us to contact you;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claimed copyright infringement should be directed to postal address listed in this privacy policy and to email address listed in it (Please include "The Brain Games Web: Notice of Infringement" in the subject line.).