Crayta Legals - Terms of Service and Privacy Policies

CRAYTA TERMS OF SERVICE

ISSUED BY UNIT 2 GAMES LIMITED (“UNIT 2”, or “we” or “us”).

Last updated 1 July 2020

Welcome to Crayta! Crayta is a game platform where you can play games and work collaboratively with other members of the Crayta community to create, share, play and publish your own games, content and other interactive experiences.

Crayta is a creation of Unit 2 Games Limited, a company registered in England and Wales located at 2 Jephson Court, Tancred Close, Leamington Spa, Warwickshire, CV31 3RZ, United Kingdom (“we” or “us”). We have set out below, in these Terms of Service (“Terms”), the terms on which we make Crayta available to you.

1. APPLICABLE TERMS

1.1 By downloading or streaming Crayta (as defined in clause 4.1.1), visiting the Crayta website and/or using any element of Crayta, you agree to these Terms. If you do not agree to these Terms, please do not register an account with Crayta or use Crayta.

1.2 In addition to these Terms, your use of Crayta will be governed by:

1.2.1 our Crayta Community Guidelines;

1.2.2 Google Stadia’s terms, rules and policies, available at https://stadia.google.com/tos and https://policies.google.com/terms; and

1.2.3 any other additional terms, policies or guidelines applicable to Crayta that we may give notice of to you.

2. AGE AND OPERATING REQUIREMENTS

2.1 You must be 13 or over to accept these Terms and to play Crayta.

2.2 Crayta can be accessed via a TV, laptop, desktop PC, mobile phone or certain other devices (handheld or otherwise) with video capabilities and access to the internet.

2.3 Crayta has not been developed to meet your individual requirements. Please check that the facilities and functions of Crayta (as described in these Terms and any supporting documentation and on Google Stadia) meet your requirements.

3. ACCESSING AND PLAYING CRAYTA

3.1 Crayta is installed on Google Stadia’s cloud-based servers and also uses servers operated by us. To access Crayta you need to log in (using your valid Google Stadia account, which must have permission to play Crayta) via any capable device.

3.2 If you download or stream Crayta onto any device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these Terms, whether or not you own the device.

3.3 You may not transfer your account to someone else, whether for money, for anything else or for free.

3.4 If you have reason to believe that your account is no longer secure, another Crayta user asks you to disclose details about your account or another user gains access to your account or your account details then please notify both Google Stadia and our customer support team at crayta.com/support or support@crayta.com.

4. GRANT OF LICENCE, UPDATES AND CHANGES

4.1 By downloading or streaming Crayta and agreeing to be bound by these Terms, we grant you a licence to:

4.1.1 use:

(a) (to the extent we have made it available to you) the Crayta platform and software, the data supplied within that software and any updates or supplements to it;

(b) the related online or electronic guidance and other documentation relating to Crayta; and

(c) the online game play, game creation, game development and game streaming functionality which you connect to via the Google Stadia and Crayta software and the content we provide to you through it,

referred to collectively as “Crayta”;

4.1.2 use or stream Crayta via your personal devices (including on platforms such as YouTube) and view, use and display Crayta on such devices for your personal purposes only;

4.1.3 play games and/or enjoy experiences available on Crayta;

4.1.4 interact and work together with other users of Crayta;

4.1.5 use Crayta to create, develop, modify, change, make derivative works of and/or grant licences of all types of content, including but not limited to games and/or experiences (and all assets, characters, names and other items in such games and/or experiences), avatars and other characters, digital clothing and other digital assets for avatars and other characters, software, scripts, graphics, gameplay, game design, photos, images, artwork, music, video, sound, audiovisual combinations, reviews, text, models (2D, 3D or otherwise), interactive features, names, usernames, logos, game/experience passes, digital content, items or abilities for use in games/experiences and other materials, works, items or content (standalone or in combination) (“Content”) and any such Content created, modified, changed or otherwise developed in Crayta by you or any other user shall be referred to as “User Generated Content” or “UGC”;

4.1.6 use pre-existing Content made available by us within Crayta (“Creation Assets”) to interact with the Crayta platform and/or create, develop and modify games in Crayta;

4.1.7 use our virtual currency ("Crayta Credits") to purchase assets, consumables and cosmetic items for your avatars and other characters in the Crayta Store;

4.1.8 use any documentation to support your permitted use of Crayta; and

4.1.9 receive and use any supplementary software code or update of Crayta incorporating "patches" and corrections of errors as we may provide to you.

4.2 Crayta is provided for general entertainment and educational purposes only. Crayta does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from Crayta. Although we make reasonable efforts to update the information provided by Crayta, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

4.3 We recommend that you back up any account login data used in connection with Crayta, to protect yourself in case of any issues you may experience with Crayta.

Updates and Changes to Crayta

4.4 From time to time we may automatically update and/or change Crayta or make it temporarily unavailable in order to improve performance, enhance functionality, introduce new features, reflect changes to the operating system or address security issues.

5. Third Party Materials, Links and Services

5.1 Crayta may:

5.1.1 include Content, data, information or materials from third parties as advertising and promotional content; and/or

5.1.2 contain links or allow you to link to independent websites which are not provided by us (such as YouTube and social media platforms),

collectively referred to as “Third Party Content”.

5.2 Such Third Party Content is not under our control, and we are not responsible for and have not checked and approved such Third Party Content or the privacy policies (if any) of the third parties providing such Third Party Content.

5.3 You will need to make your own independent judgement about whether to use any such Third Party Content, including whether to buy any products or services offered by them.

5.4 If you see any Third Party Content that appears to you to be inappropriate in any way, you can report such Third Party Content via the “Report a Game” section of the Help tab of the Settings menu within Crayta.

6. Licence Restrictions

6.1 You agree that you will::

6.1.1 not rent, lease, sub-license, loan, provide, or otherwise make available, Crayta in any form, in whole or in part to any person without prior written consent from us;

6.1.2 not copy Crayta, except as part of your permitted use of Crayta;

6.1.3 not translate, merge, adapt, vary, alter or modify, the whole or any part of Crayta, permit Crayta or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use Crayta on devices as permitted in these terms;

6.1.4 not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of Crayta nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile Crayta to obtain the information necessary to create an independent program that can be operated with Crayta or with another program (“Permitted Objective”), and provided that the information obtained by you during such activities:

(a) is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and

(b) is not used to create any software that is substantially similar in its expression to Crayta;

(c) is kept secure; and

(d) is used only for the Permitted Objective; and

6.1.5 comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by Crayta.

6.2 You must:

6.2.1 comply with our Crayta Community Guidelines;

6.2.2 not use Crayta in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into Crayta;

6.2.3 not infringe our intellectual property rights or those of any third party in relation to your use of Crayta, including by the submission of or inclusion of any material or Content (to the extent that such use is not licensed by these Terms);

6.2.4 not transmit or include any material that is defamatory, offensive or otherwise objectionable in relation to your use of Crayta;

6.2.5 not use Crayta in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

6.2.6 not collect or harvest any information or data from Crayta or our systems or attempt to decipher any transmissions to or from the Crayta servers.

7. Crayta Credits

7.1 In accordance with clause 4.1.7, you will be entitled to use Crayta Credits within Crayta to enhance your user experience.

7.2 You may purchase Crayta Credits from Google Stadia. Your Crayta account will be credited with any Crayta Credits you purchase from Google Stadia.

7.3 We and Google Stadia shall set the value of Crayta Credits and you acknowledge that we may, from time to time, engage in actions which impact the perceived or acquired price of Crayta Credits, for example by running flash sales or offering discounts on bulk purchases of Crayta Credits.

7.4 Crayta Credits:

7.4.1 do not:

(a) have an equivalent value in real currency;

(b) act as a substitute for real currency;

(c) act as legal consideration under any contract; or

(d) earn interest;

7.4.2 are not redeemable or exchangeable for real currency, monetary value, or convertible virtual currency from us or any other third party; and

7.4.3 must not be transferred, assigned, gifted or otherwise exchanged except within Crayta in accordance with these Terms.

7.5 Transactions involving the use of Crayta Credits to purchase items within Crayta are not legally enforceable.

7.6 We reserve the right to impose additional provisions on the ways in which you and other users are able to use Crayta Credits within Crayta in the future.

7.7 At present, you are not able to use Crayta Credits to purchase UGC within games from other users. However, if this changes in the future we will update our Terms accordingly to reflect this.

8. Payments

8.1 When you use Crayta Credits to purchase digital assets, consumables and cosmetic items for your avatars and other characters in the Crayta Store, you will be making payment for those items directly to us. We will debit your Crayta account with the relevant number of Crayta Credits at the time of purchase.

8.2 You may reverse up to three purchases of items from the Crayta Store where you make a purchase by accident or you change your mind about a particular purchase. If you wish to reverse a fourth or subsequent purchase, then you will need to do this via the “Refund” section of the Help tab of the Settings menu within Crayta.

9. Intellectual Property Rights

9.1 In this clause 9, “Intellectual Property Rights” or “IPRs” shall mean patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

9.2 With the exception of UGC, all IPRs in Crayta itself (including but not limited to Creation Assets) belong to us (or our licensors) and the rights in Crayta are licensed (not sold) to you. You have no IPRs in, or to, Crayta, other than the right to use it in accordance with these Terms.

9.3 In respect of IPRs in any UGC which you create or develop:

9.3.1 (or help to create or develop) within another user’s game or experience on Crayta (“Non-Owned UGC”), such IPRs will vest in the user in whose name the relevant game or experience was originally created or set up (the “Game Owner”) and you therefore assign all IPRs in such Non-Owned UGC to the Game Owner;

9.3.2 (a) outside of Crayta which you subsequently import into Crayta; and/or (b) within your own game or experience in Crayta (“Owned UGC”), such IPRs will vest in you.

9.4 If you wish to make Owned UGC available for other users to use within their own games and experiences via the Community Content Browser, then you agree and acknowledge that by doing so you grant all other users a fully paid-up, worldwide, non-exclusive, royalty-free, perpetual and irrevocable licence to copy, modify and otherwise use such Owned UGC within their own games or experiences on Crayta.

9.5 You grant to us a fully paid-up, worldwide, non-exclusive, royalty-free, perpetual and irrevocable licence to copy, modify and otherwise use for our own purposes:

9.5.1 where you are a Game Owner, any and all Non-Owned UGC and all other IPRs in all games and/or experiences registered in your name; and

9.5.2 in all other circumstances, any and all Owned UGC vested in your name.

10. Privacy

10.1 Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Policy and it is important that you read that information.

10.2 Please be aware that internet transmissions are never completely private or secure and that any message or information you send using Crayta may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

10.3 By using Crayta, you agree to us collecting and using technical information about the devices you use Crayta on and related software, hardware and peripherals to improve Crayta and how we provide Crayta to you.

11. Our Liability to You

11.1 Crayta is provided to you on an “as is” basis and all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these Terms.

11.2 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our failure to comply with these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen. Subject to clause 11.3, our total aggregate liability to you shall not exceed an amount equal to the total sum you have spent within Crayta (including purchases of different forms of Crayta and Crayta Credits).

11.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

11.4 Subject to clause 11.3, we shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under these Terms.

11.5 If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following manufacturer’s advice or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us or Google Stadia.

11.6 Crayta is for domestic and private use. If you use Crayta for any commercial, business or resale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

11.7 If our provision of Crayta or support for Crayta is delayed by an event outside our control then we will take steps to minimise the delay and will post information about the delay on our website at Crayta.com. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may cancel your Crayta account.

12. We may end your Rights to use Crayta if you do not comply with these Terms

12.1 We may, at any time, by posting a message on your account inside Crayta:

12.1.1 end your rights to use Crayta;

12.1.2 suspend/delete your account; and/or

12.1.3 delete/remove any UGC created by you.

12.2 If we exercise any of our rights under clause 12.1:

12.2.1 all rights granted to you under these Terms shall immediately end; and

12.2.2 you must stop all activities authorised by these Terms, including your use of Crayta.

13. Changes to these Terms

13.1 We may need to change these Terms to, for example, reflect changes in law or best practice or to deal with additional features which we introduce.

13.2 We will give you notice of any major change by notifying you of a change when you next use Crayta.

13.3 If you do not accept the notified changes you will not be permitted to continue to use Crayta.

14. Support

14.1 If you want to learn more about Crayta please search for information about it on YouTube and social media channels.

14.2 If you have any problems using Crayta which cannot be reported inside Crayta then please contact our customer support team at crayta.com/support or support@crayta.com.

14.3 If you think Crayta is faulty or misdescribed or wish to contact us for any other reason then please contact our customer support team at crayta.com/support or support@crayta.com.

14.4 If we have to contact you we will do so by the means of communication you have indicated to us and using the contact details you have provided to us.

15. Other Terms

15.1 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will inform you via messaging inside Crayta and on Crayta.com if this happens and we will ensure that the transfer will not affect your rights under these Terms.

15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

15.3 No rights for third parties. These Terms do not give rise to any rights to any third party under the Contracts (Rights of Third Parties) Act 1999 to enforce of these Terms.

15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

15.5 Even if we delay in enforcing this contract, we can still enforce it later. Even if we delay in enforcing these Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

15.6 Which laws apply to these Terms and where you may bring legal proceedings. These terms are governed by English law. You may bring legal proceedings in respect of Crayta and/or these Terms in the English courts or the courts of your own jurisdiction.

15.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to the European Online Dispute Resolution platform (“ODR”) via their website at ec.europa.eu/consumers/odr. The ODR will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.

© 2020 Unit 2 Games Limited. All trade marks are the property of the relevant owners. All rights reserved.

Crayta Privacy and Cookie Policy

ISSUED BY UNIT 2 GAMES LIMITED (“UNIT 2”, or “we” or “us”).

Last updated 1 July 2020

Welcome to Crayta's privacy policy. Crayta is owned and licensed by Unit 2 Games Limited.

Unit 2 Games Limited respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you use Crayta and tell you about your privacy rights and how the law protects you.

1. Important information and who we are

Purpose of this privacy policy

This privacy policy aims to give you information on how Unit 2 Games Limited collects and processes your personal data through your use of Crayta and Crayta.com, including any data you may provide through Crayta or we may receive via Google Stadia when you register an account, purchase Crayta Credits or otherwise use Crayta.

Crayta is not intended for anyone under the age of 13 and we do not knowingly collect data relating to anyone under this age.

It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them.

Controller

Unit 2 Games Limited is the controller and responsible for your personal data (collectively referred to as "we", "us" or "our" in this privacy policy).

We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the DPO using the details set out below.

Contact details

If you have any questions about this privacy policy or our privacy practices, please contact our DPO in the following ways:

Full name of legal entity: Unit 2 Games Limited

Email address: dataprotectionofficer@unit2games.com

Postal address: 2 Jephson Court, Tancred Close, Leamington Spa, Warwickshire, England, CV31 3RZ, United Kingdom

You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

Changes to the privacy policy

We keep our privacy policy under regular review. This version was last updated on 12th May 2020.

Third-party links

Crayta may include links to third-party websites, plug-ins and applications, including but not limited to Google Stadia. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave Crayta, we encourage you to read the privacy policy of every website you visit.

2. The data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

“Identity Data” includes title, first name and last name.

“Contact Data” includes email address, mobile number and telephone number.

“Transaction Data” includes details about Crayta Credit payments to and from you and other details of items you have purchased from the Crayta Store.

“Account Data” includes your unique Crayta account ID and your Google Stadia username.

“Financial Data” includes your bank details (please note that this will only be processed as part of providing you with a prize when you partake in and win a prize draw or competition).

“Usage Data” includes information about how you use Crayta.

We also collect, use and share “Aggregated Data” such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Crayta feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

If you fail to provide personal data

Where we need to collect personal data by law, or under the Crayta Terms of Service, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with access to Crayta). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

3. How is your personal data collected?

We use different methods to collect data from and about you including through:

Direct interactions. You may give us your Identity, Contact Data and Transaction Data by using Crayta, accessing our support service, giving us feedback or when you otherwise correspond with us by phone, email or otherwise.

Automated technologies or interactions. In respect of Account Data, we will automatically collect your Google Stadia username as part of our account authentication process, where we will also generate and provide to you your Crayta account ID. As you use Crayta, we will automatically collect Usage Data about your browsing actions and patterns. We collect this personal data by using cookies and other similar technologies. We may also receive Usage Data about you if you visit websites employing our cookies. Please see our cookie policy below for further details.

Third parties or publicly available sources. We will receive personal data about you from various third parties, including Google Stadia (based in the USA) and analytics providers such as Google Analytics (based inside the EU).

4. How we use your personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

Where we need to perform our obligations under our Terms of Service, which form the contract between you and us when you create a Crayta account via Google Stadia.

Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

Where we need to comply with a legal obligation.

Generally, we do not rely on consent as a legal basis for processing your personal data.

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the lawful bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Please note that we may process your personal data for more than one lawful basis depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/Activity

Type of data

Lawful basis for processing including basis of legitimate interest

To register you as a new user

(a) Account

(a) Performance of a contract with you

To enable you to use Crayta in accordance with our Terms of Service, for example by using your Account Data in high score tables within games

(a) Identity

(b) Contact

(c) Transaction

(d) Account

(e) Usage

(a) Performance of a contract with you

To manage our relationship with you

(a) Account

(b) Usage

(a) Performance of a contract with you

(b) Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests (to keep our records updated and to study how our users use Crayta)

To enable you to use Crayta Credits to purchase items in the Crayta Store

(a) Transaction

(b) Account

(a) Performance of a contract with you

To administer and protect our business and the Crayta platform (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)

(a) Identity

(b) Contact

(c) Account

(d) Usage

(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)

(b) Necessary to comply with a legal obligation

To use data analytics to understand how you use and interact with Crayta, to improve Crayta, user relationships and your experiences of Crayta

(a) Account

(b) Usage

Necessary for our legitimate interests (to define types of users of Crayta, to keep the Crayta platform updated and relevant, to develop our business and to inform our marketing strategy)

To enable you to partake in a prize draw or competition

(a) Identity

(b) Contact

(c) Account

(d) Usage

(e) Financial

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to study how users use Crayta, to develop Crayta and grow our business)

Marketing

We do not use any of your personal data collected via our site to send you marketing communications.

Cookies

Our website uses cookies to distinguish you from other users. This helps us to provide you with a good experience when you use our site and also allows us to improve it.

A cookie is a small file of letters and numbers that we, subject to your approval, store on your browser or the hard drive of your computer or other device with which you are accessing Crayta. Cookies contain information that is transferred to your computer's or other device’s hard drive.

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of our website may become inaccessible or not function properly.

We use analytical or performance cookies, such as those deployed by Google Analytics. These allow us to recognise and count how many people are using our site and to see how everyone uses our site. This helps us to improve the way our site works.

Please note that Google may also use cookies, over which we have no control. These named third parties may include, for example, advertising networks and providers of external services like web traffic analysis services. These third party cookies are likely to be analytical cookies or performance cookies or targeting cookies. You can deactivate the use of third party advertising cookies in your internet browser settings.

All cookies will expire after 365 days.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5. Disclosures of your personal data

We may share your personal data with the parties set out below for the purposes set out in the table above.

Other users of Crayta who have created the games and experiences you use on the Crayta platform.

Zendesk Inc. (based in the USA) which provides customer support services in respect of Crayta.

Google Stadia and Google Inc. (both based in the USA), Google Ireland Limited and Google Commerce Limited (both based in Ireland), all of which may provide the platform on which Crayta is provided to you.

Google Analytics based in Ireland who provide cookies and analytics services to Crayta.

Professional advisers including lawyers, bankers, auditors and insurers based in the UK who provide consultancy, banking, legal, insurance and accounting services.

HM Revenue & Customs, regulators and other authorities based in the UK who require reporting of processing activities in certain circumstances.

Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

6. International transfers

Some of our external third parties are based outside the EEA so their processing of your personal data will involve a transfer of data outside the EEA.

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.

Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.

Where we use providers based in the USA, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the US.

Please contact us via dataprotectionofficer@unit2games.com if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

7. Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

8. Data retention – How long will you use my personal data for?

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

We retain your personal data until we or you decide to close or delete your Crayta account, at which time we will delete all personal data we hold about you within 30 days.

In some circumstances you can ask us to delete your data: see below for further information.

In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

9. Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data:

Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Please note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

If you want us to establish the data's accuracy.

Where our use of the data is unlawful but you do not want us to erase it.

Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.

You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us at dataprotectionofficer@unit2games.com.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

© 2020 Unit 2 Games Limited. All trade marks are the property of the relevant owners. All rights reserved.

CRAYTA WEBSITE PRIVACY AND COOKIE POLICY

ISSUED BY UNIT 2 GAMES LIMITED (“UNIT 2”, or “we” or “us”).

Last updated 12 May 2020

INTRODUCTION

Welcome to Crayta's website privacy policy. Our website crayta.com (our “site”) is owned by Unit 2 Games Limited.

Unit 2 Games Limited respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit our site and tell you about your privacy rights and how the law protects you.

1. Important information and who we are

Purpose of this privacy policy

This privacy policy aims to give you information on how Unit 2 Games Limited collects and processes your personal data through your use of our site.

CONTROLLER

Unit 2 Games Limited is the controller and responsible for your personal data (collectively referred to as "we", "us" or "our" in this privacy policy).

We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the DPO using the details set out below.

Contact details

If you have any questions about this privacy policy or our privacy practices, please contact our DPO in the following ways:

You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

CHANGES TO THIS PRIVACY POLICY

We keep our privacy policy under regular review. This version was last updated on 27th April 2020.

THIRD PARTY LINKS

Our site may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave Crayta, we encourage you to read the privacy policy of every website you visit.

2. The data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you relating to how you use our site (“Usage Data”).

We also collect, use and share “Aggregated Data” such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

3. How is your personal data collected?

We use different methods to collect data from and about you including through:

4. How we use your personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

Generally, we do not rely on consent as a legal basis for processing your personal data.

Purposes for which we will use your personal data

We plan to use your Usage Data in order to use data analytics to:

We process your Usage Data in these ways on the lawful basis that this is necessary for our legitimate interests (to define the types of visitors to our site, understand how visitors interact with our site, to keep our site updated and relevant, to develop our business and to inform our marketing strategy).

MARKETING

We do not use any of your personal data collected via our site to send you marketing communications.

Cookies

Our website uses cookies to distinguish you from other users. This helps us to provide you with a good experience when you use our site and also allows us to improve it.

A cookie is a small file of letters and numbers that we, subject to your approval, store on your browser or the hard drive of your computer or other device with which you are accessing Crayta. Cookies contain information that is transferred to your computer's or other device’s hard drive.

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of our site may become inaccessible or not function properly.

We use analytical or performance cookies, such as those deployed by Google Analytics. These allow us to recognise and count how many people are using our site and to see how everyone uses our site. This helps us to improve the way our site works.

Please note that Google may also use cookies, over which we have no control. These named third parties may include, for example, advertising networks and providers of external services like web traffic analysis services. These third party cookies are likely to be analytical cookies or performance cookies or targeting cookies. You can deactivate the use of third party advertising cookies in your internet browser settings.

All cookies will expire after 365 days.

CHANGE OF PURPOSE

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5. Disclosures of your personal data

We may share your personal data with the parties set out below for the purposes set out above.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

6. International transfers

We do not transfer your personal data outside the European Economic Area.

7. Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

8. Data retention – How long will you use my personal data for?

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

We retain your personal data for a period of 26 months from when such personal data is first collected via our site.

In some circumstances you can ask us to delete your data: see below for further information.

In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

9. Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:

If you wish to exercise any of the rights set out above, please contact us.

NO FEE USUALLY REQUIRED

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.