Privacy and cookie policy

This is the privacy and cookie policy of Cellcrowd B.V. (hereinafter Provider), registered with the Dutch Chamber of Commerce under number 78314119.

Provider (hereinafter sometimes also referred to as we) respects your privacy and is committed to protecting your personal data. Provider processes your personal data in the capacity of data controller as defined in the General Data Protection Regulation (GDPR). This notice aims to give you information on how Provider collects and processes your personal data, inter alia through your use of our website(s) and app(s), including any data you may provide through our website(s), app(s) or otherwise when you sign up to our newsletter or purchase a product or service, and informs you about your privacy rights and how the GDPR protects your personal data.

The website(s), app(s), products and services to which this policy relates include in any case:

All apps of Provider
- Android: https://play.google.com/store/apps/developer?id=Cellcrowd+B.V.
- iOS: https://apps.apple.com/us/developer/cellcrowd-b-v/id837786897
www.cellcrowd.com
www.gamefunnel.app
www.tinyescape.app

You can download a PDF version of the policy at https://www.cellcrowd.com/privacy/privacy.pdf. This policy is last updated on 01-07-2020.

1. What is considered as personal data?

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 before processing by us (anonymous data). It’s possible that Provider processes your personal data, in which case you will be considered the Data Subject.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

2. How is your personal data collected?

We can obtain your personal data in different ways. However, the most important and common way we receive your data is if you provide us with your data, for example by entering your data in our app(s) or on our website(s).

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

Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- Create an account on a website/app of Provider;
- Apply for our products or services;
- Subscribe to our publications;
- Request marketing to be sent to you;
- Enter a competition, promotion or survey; or
- Give us some feedback.
Automated technologies or interactions. As you interact with our website, we may automatically collect technical data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive technical data about you if you visit other websites employing our cookies. Please see our cookie policy further below for further details.
Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources, such as but not limited to the register of commerce, your website and internet.

3. The data we collect about you

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

Identity data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender;
Contact Data includes billing address, delivery address, e-mail address and telephone numbers;
Financial Data includes bank account and payment card details;
Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us;
Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website;
Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses;
Usage Data includes information about how you use our website, products and services;
Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences;
All other data that we receive and use for the purposes set out below, to the extent that a valid legal basis allows us to do so.

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. Our websites and apps are not intended for children and we do not knowingly collect data relating to children.

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

4. How and why we will use your personal data

Please find below, in a table format, a description of all the ways we plan to use your personal data. This table also indicates which of the legal bases we rely on to do so and identifies what our legitimate interests are where appropriate.

Please note that we may process your personal data for more than one lawful ground 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. Our contact details can be found at the bottom of this document.

Purpose/activity	Type of personal data	Lawful basis for processing including basis of legitimate interest
To register you as a new customer	(a) Identity (b) Contact	Performance of an agreement with you
To process and deliver your order including: (a) manage payments, fees and charges (b) collect and recover money owed to us	(a) Identity (b) Contact (c) Financial (d) Transaction (e) Marketing and Communications	(a) Performance of an agreement with you (b) Necessary for our legitimate interests (being recovering debts due to us)
To manage our relationship with you which will include: (a) notifying you about changes to our terms or privacy policy (b) asking you to leave a review or take a survey	(a) Identity (b) Contact (c) Profile (d) Marketing and Communications	(a) Performance of an agreement with you (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests (being keeping our records updated and to study how customers use our products/services)
To enable you to partake in a survey	(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications	(a) Performance of an agreement with you (b) Necessary for our legitimate interests (being studying how customers use our products/services, to develop them and grow our business)
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)	(a) Identity (b) Contact (c) Technical	(a) Necessary for our legitimate interests (being to run 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 deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you	(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications (f) Technical	(a) Necessary for our legitimate interests (being to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy) (b) Consent.
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences	(a) Technical (b) Usage	(a) Necessary for our legitimate interests (being to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy) To track and improve the content and use of our website(s), app(s), goods and services, we collect and analyse the surfing behaviour of visitors to our website. To maintain and expand our customers, we can approach you with relevant publications of invitations for your information. We also do this to maintain the relationship with our partners, suppliers and other relations. (b) Consent.
To make suggestions and recommendations to you about goods or services that may be of interest to you	(a) Identity (b) Contact (c) Technical (d) Usage (e) Profile	(a) Necessary for our legitimate interests (being to develop our products/services and grow our business) (b) Consent.

Specific information on marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms:

Promotional offers from us
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing). You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and, in each case, you have not opted out of receiving that marketing.
Third-party marketing
We will get your express opt-in consent before we share your personal data with any other company for marketing purposes. You can review the current overview of these companies at https://www.cellcrowd.com/privacy/thirdparties/. Review how Google handles your personal data at https://policies.google.com/technologies/partner-sites.
Opting out
You can ask us or third parties to stop sending you marketing messages at any time by contacting us at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, product/service experience or other transactions.

More general information

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, other than the purpose for which the personal data initially were collected, 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. What is the lawful basis for processing your personal data?

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

Where we need to perform the agreement we are about to enter into or have entered into with you;
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 or regulatory obligation; and/or
With your permission.

Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via e-mail or text message. You have the right to withdraw consent to marketing at any time by contacting us.

6. Disclosures of your personal data

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above. Your personal data can in any case be shared with the parties listed below:

providers of (supporting) software tools;
accountants and other professional advisors;
insurance companies; and
possible other third parties to the extent necessary for the processing purposes.

The third parties to whom we provide your personal data are, like the Provider, as the controller or the processor, bound by the GDPR. If the third party is a processor of the Provider because it only processes your personal data under the instructions of the Provider, the Provider has concluded a data processing agreement with this processor. The data processing agreement includes comments on the processing of personal data, including the taking of adequate security measures and appropriate safeguards for possible transfers of data outside the European Economic Area (EEA). Provider requires all third parties to respect the security of your personal data and to treat it in accordance with the GDPR. We do not allow our third-party service providers, that act as our processors, 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.

7. International transfers

Some of the service providers and partners we work with when performing our business activities might be based outside the European Economic Area (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 the EEA ; or
Where we use providers based in the US, we may transfer data to them if they are part of the so called ‘privacy shield’ which requires them to provide similar protection to personal data shared within the EEA.

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

8. 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. These security measures include confidentiality agreements concluded with third parties, two-factor authentication, IP security and encryption. In addition, we limit access to your personal data to those employees, contractors, agents 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.

9. Data retention

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Provider may retain the personal data for a longer period if it is authorized to do so by virtue of the law (including tax legislation) and the rules of conduct that apply to it, or if and for as long as it has a legitimate interest in the defence of regarding possible (legal) claims or complaints.

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 requirements. By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for seven years after they cease being customers for tax purposes.

Please contact us for details of retention periods for different aspects of your personal data.

10. Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to the processing of your personal data.

You have the right to:

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 our response to 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: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) 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; or (d) 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; and
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.

In principle free of charge

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 may 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

Provider will always assess on the basis of each request submitted whether it can meet your request on the basis of the GDPR and inform you about the outcome of this assessment within seven (7) calendar days of receiving your request. Occasionally it may take us longer than seven (7) calendar days, for example 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. If your request is rejected, Provider will explain the rejection to you with reasons. A reason for rejection can be a legal obligation that impedes the request, such as an obligation of confidentiality.

Complaints

You always have the right to submit a complaint about the way in which your personal data is processed by the Provider to the supervisory authority for data protection issues: the Dutch Data Protection Authority (www.autoriteitpersoonsgegevens.nl). We would, however, appreciate the chance to deal with your concerns before you approach the GBA, so please contact us in the first instance.

11. Cookies

Cookies are small (text) files that are sent with the use of websites and stored on your computer, tablet or mobile devices (such as a smartphone). When using our website(s) and app(s), Provider sends cookies and stores them on your devices, and cookies already stored on your devices can also be read by Provider.

Our website(s) and app(s) use the following cookies:

Functional cookies: Provider's Website only uses functional cookies or similar techniques, hereinafter collectively referred to as "cookies". These are cookies that are necessary to properly display the Website and to increase its ease of use, such as cookies that detect whether you view the website from a desktop or mobile device and adjust the appearance of the Website accordingly. No permission is required for the use of functional cookies.
Social media buttons & websites of third parties: The Provider's website can contain certain social media buttons, including Instagram and Facebook, which enable you to quickly and easily view the Provider's Instagram and Facebook profile.

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 the website may become inaccessible or not function properly.

12. Third party links & plug-ins

The website may include links to third-party websites, plug-ins and applications, such as social media buttons. 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 and/or cookie statements. When you leave our website, we encourage you to read the privacy and cookie notice of every website you visit.

13. Contact details

Cellcrowd B.V.
Danny van Geel
support@cellcrowd.com
Buitenvest 40
4614AD Bergen op Zoom Netherlands

In case of any questions, remarks or complaints regarding this policy, the processing of personal data and/or the use of cookies, please send an email to support@cellcrowd.com. Provider does not have a Data Protection Officer.

We reserve the right to amend this privacy notice from time to time. We recommend to consult this policy on a regular basis at https://www.cellcrowd.com/privacy/. This version was last updated on the date as indicated at the top of this privacy notice. If we change the way we process your personal data we will always inform you in advance.