Privacy Policy
Fantail Games respects your privacy and is committed to protecting it through our compliance with this Privacy Policy (the “Privacy Policy”). This Privacy Policy explains how Fantail Games processes Personal Data through the use of any of our Services. This privacy policy is subject to, and must be read in conjunction with, our Terms of Service and Feedback Policy.
Definitions
User means any entity, organisation, corporation, or living natural person that uses the Services and/or interacts with Fantail Games in any way.
Data Processor means anyone who Processes Personal Data on behalf of a Data Controller.
Data Controller means a legal entity, who alone or jointly with others, determines the purposes and means of the Processing of Personal Data.
Data Protection Legislation means the applicable data protection legislation such as Regulation (EU) 2016/679 (General Data Protection Regulation; the “GDPR”), New Zealand Privacy Act 1993 and any other applicable data protection legislation.
Personal Data means any information that, directly or indirectly, can identify a natural person.
Processing means any operation or set of operations performed with regard to Personal Data, whether or not performed by automated means, such as collection, recording, organisation, storage, adaptation, alteration, retrieval, gathering, use, combination, blocking, erasure, or destruction.
Recipient means a natural or legal person, public authority or another body, to whom Personal Data may be disclosed to by Fantail Games.
Services means any of Fantail Games’ services and/or games as well as communications provided on Fantail Games’ websites, social media, Discord and other electronic channels.
General
This Privacy Policy describes how Fantail Games as a Data Controller Processes User’s Personal Data on a general level.
Fantail Games may need to Process Personal Data in order to provide the Services to the Users, fulfil legal obligations or for the performance of agreements. If a User chooses not to provide or submit Personal Data in the Services, it may prevent Fantail Games from fulfilling the abovementioned obligations. In some cases, Users may not be able to use and access the Services, such as multiplayer features of the games provided by Fantail Games.
Fantail Games ensures the confidentiality of Personal Data and has implemented appropriate technical and organisational measures to safeguard Personal Data from unauthorised access, unlawful disclosure, accidental loss, modification, destruction, or any other unlawful Processing.
Fantail Games may use approved Data Processors for Processing Personal Data. Fantail Games ensures that Data Processors Process Personal Data under documented instructions of Fantail Games which are in accordance with adequate and required security measures in accordance with Data Protection Legislation.
Collection of Personal Data
Fantail Games primarily collects from and Processes Personal Data of Users of the Services, such as players of the games provided by Fantail Games. Personal Data may be collected from Users directly, by User’s submission of Personal Data and/or automatically from the use of the Services. Fantail Games may also save electronic communications or otherwise document Fantail Games’ interaction and communication with Users in various electronic channels. Fantail Games also collects non-personal identifiable information, such as anonymous gameplay data and statistical information, derived from the Services, in order to improve the Services.
Fantail Games also collects and Processes Personal Data from customers, agents, legal representatives, corporate representatives, signatories, shareholders, contact persons, board members, job applicants, and visitors of Fantail Games’ offices.
Fantail Games may also collect Personal Data from other sources, such as third-party sites or platforms, newspapers, blogs, instant messaging services in order to improve and provide the Services as well as a more personalised experience. Fantail Games will in some cases ask for email addresses for sales and marketing purposes.
Personal Data of Children
The Services are not directed or intended for children under 13 years old and Fantail Games does not knowingly collect Personal Data from children under 13 years old in the Services. Fantail Games prohibits the submission of Personal Data by children unless sent under the supervision of their parent or guardian. It is important to safeguard the privacy of children and Fantail Games encourages parents to regularly monitor their children’s use of online activities. Fantail Games will promptly delete Personal Data submitted by children unless legally obligated to retain such data.
Fantail Games requests that any parents to children under the age of 18 that may have submitted Personal Data to contact us privacy@fantailgames.com.
Categories of Personal Data
The main categories of Personal Data Processed by Fantail Games include:
Identification and contact information such as name, personal identification code/number, internet protocol (IP) address, online nickname, date of birth, address, telephone number, email address, and country of residence.
Communication information such as complaints/support matters in voice/written form, images and/or audio recordings, emails, messages, and other communications such as social media.
Electronic interaction information such as the type of browser that is used, the type of operating system that is used, the IP address or other unique identifier such as a device identifier of any computer(s) or device(s) that are used to access electronic channels.
Community Participation
Services used to communicate with other users, whether by public forum posting, “personal message,” in-game chat or other communication features, such communications are transmitted and stored the Data Controller. These communications are considered public and there is no expectation of privacy. We may monitor such communications and, by using the communication services in our Services, you are indicating that you agree to such monitoring.
Legal Basis and Purpose of Processing
Performance of Agreements
Fantail Games Processes Personal Data to fulfil obligations in agreements with external parties. This Processing relates to the execution, documentation, and administration of agreements entered into by Fantail Games. Examples of purposes for Processing are to verify transactions with business partners, to perform alpha and beta playtests, and to provide the games as part of the Services.
Legal Obligations
Fantail Games Processes Personal Data in order to fulfil legal obligations imposed by regulators. Examples of purposes for Processing are to identify Users to make sure that Fantail Games does not collect Personal Data from children as well as to comply with bookkeeping obligations.
Consent
Fantail Games Processes Personal Data in some cases when Users have provided their consent to it and the provided consent can always be withdrawn. An example of purpose for Processing is when subscribing to Fantail Games’ newsletter.
Legitimate Interest
Fantail Games Processes Personal Data based on Fantail Games’ legitimate interest. Fantail Games have concluded this Processing necessary for the interest pursued by Fantail Games, which outweighs the User’s interest in the protection of Personal Data. Examples of purposes for Processing are to improve the Services, to provide personalised offers and direct marketing, and to organise competitions and campaigns.
Cookies
Session and persistent Cookies are used by Fantail Games for different purposes when visiting Fantail Games’ websites to tell us how and when you interact with our Services.
Links to Third-Party Platforms
Fantail Games may provide links to third-party platforms where Users can purchase games developed by Fantail Games. These links are known as affiliate links, and Fantail Games may be compensated when Users use these links to make a purchase. When you click on an affiliate link and make a purchase, the third-party platform may use cookies or other tracking technologies to track your purchases and ensure that Fantail Games receives credit for the referral. These third-party platforms have their own privacy policies, and you are encouraged to review them to understand how Personal Data may be collected and used.
Recipients of Personal Data
Based on the legal bases and the purposes for Processing by Fantail Games, Fantail Games may share User’s Personal Data with Recipients to Process Personal Data as a Data Processor. Fantail Games will only share necessary Personal Data for the purposes of the disclosure and never for the Recipients' own purposes. Further, Fantail Games will only share Personal Data if the Recipients have ensured an adequate level of protection of the Personal Data in accordance with Data Protection Legislation. Fantail Games may also share anonymous or aggregated information, or other data that is not considered Personal Data with third parties, for example, personas on leaderboards or to show trends about the use of Fantail Games’ Services.
Third Party Agents/Contractors/Developers
Support desk
Recipient name: Zendesk
Personal Data: email address and name
Suppliers of IT and communications
Recipient name: DocuSign
Personal Data: email address and name
Service, data, and cloud storage
Recipient name: Google Cloud, Apple, Meta
Marketing services
Recipient name: Mailchimp
Personal Data: email address and name
Data Access and Correction
Under the New Zealand Privacy Act 1993 (and other applicable laws) you have rights of access to and correction of personal information that we hold about you – and under certain conditions you can request that we erase, restrict processing or transfer the data we have collected about you directly to yourself or to another organisation.
This can be done by contacting us at privacy@fantailgames.com.
To ensure that the personal information we hold about you is accurate and current, please notify us of any changes to your personal information as soon as possible.
Retention period of Personal Data
Fantail Games will not retain Personal Data longer than necessary for the purposes for the Processing carried out by Fantail Games unless required by Data Protection Legislation. Fantail Games may need to retain Personal Data in order to establish, exercise or defend a legal claim or to comply with applicable law, including accounting rules. Personal Data is deleted or anonymized by Fantail Games as soon as it no longer serves the purpose it was collected and Processed for.
Location of Processing
Your Personal Data may be transferred to, and maintained on, computers located in New Zealand. In some cases Fantail Games may transfer and share Personal Data to third parties (including service providers operating on behalf of Fantail Games) which may be located in countries outside New Zealand which may not have the same level of data protection laws as those in the country where the User is located. By providing us with your Personal Data, you are accepting and agreeing to that transfer.
Individuals in the European Economic Area (EEA)
In addition, the following applies to you to the extent that we collect personal information about you and you are in the EEA and, or that information is otherwise subject to the European Union’s General Data Protection Regulation.
Security
Fantail Games has taken reasonable steps to ensure that Personal Data it collects is secure and reasonable measures are put in place to protect the confidentiality, security, and integrity of the Personal Data collected from our Users. Personal Data is stored in secure operating environments that are not available to the public and that are only accessible to authorised employees and contractors. Fantail Games also has security measures in place to protect the loss, misuse, and alteration of the information under our control. However, no method is completely secure, and while we take reasonable measures we cannot completely ensure or promise the security of any information we collect.
Please note that Fantail Games may provide links to other games and websites that are operated and hosted by third parties who may have their own privacy policies. The Processing of Personal Data by third parties in other games and websites are governed by their own privacy policies, which may be substantially different from this Privacy Policy. Visitors to other games and websites are encouraged to review the privacy policies and information collection practices of those websites.
Any improper collection or misuse of User Created Content or information provided in our Services is a violation of the Terms of Service and should be reported to Fantail Games at privacy@fantailgames.com.
Changes to the Privacy Policy
This Privacy Policy applies to all Personal Data collected or provided to Fantail Games. This Privacy Policy is subject to change and Fantail Games may make any necessary changes to this Privacy Policy. Fantail Games will notify Users of material changes by posting providing information about the changes in the Services. Users are encouraged to check back and review this Privacy Policy from time to time so that Users are always aware of what Personal Data is collected, how it is Processed and for which purpose and to whom it is disclosed. All continued use of and access to the Services is subject to this Privacy Policy and will signify Users acceptance of Privacy Policy and any potential changes to it.
Contact Details
If you have any questions about our privacy policy, or any other related matter, please feel free to contact us. You can reach us by contacting our privacy officer at privacy@fantailgames.com.
This Privacy Policy was last updated on 3 July 2024.