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The Munky Privacy Policy

Your privacy is important to us; we respect your privacy rights, are committed to protecting the personal information we collect from you, and take our responsibility of caring for such information seriously.  With that in mind, this Privacy Policy describes what personal information The Munky collects as you play our game(s) and/or use our services and how we use, disclose, transfer, and store such information.  To be clear, if you do not want The Munky to collect and to use, to disclose, to transfer and to store your personal information in the ways described in this Privacy Policy, then you may not be able to play our games or use our services.

  The Munky,  LLC including its subsidiary companies (collectively, “The Munky”), collects, stores, and uses your personal information as a data controller in connection with, and in order to provide and to develop, The Munky’s games, mobile applications, services and websites (collectively, the “Services”), regardless of platform (e.g., PCs, Consoles, Mobile and Handheld Devices, etc.), in accordance with this privacy policy (the “Privacy Policy”), effective as of 1/1/2021 and last modified on 1/1/2021.

By using any of the Services in any way whatsoever, you hereby consent to this Privacy Policy.

If you have any questions, comments or concerns regarding our Privacy Policy and/or practices, please refer to and follow the instructions in section 15 below.

1.    When The Munky Collects Your Information:  The Munky collects some personal information from you when you:

  • create an account;

  • get a subscription to play our games;

  • play our games or use game-related services;

  • make a purchase within our Services;

  • create user-generated content;

  • watch advertisements within our Services;

  • sign up for a newsletter;

  • contact The Munky’s customer service and take part in technical-support sessions;

  • enter a contest, event or sweepstakes, or participate in a challenge, held by The Munky;

  • chat with other users of the Services;

  • signal interest in participating in a playtest;

  • share or contribute to our social media channels and other community websites, including forums; or

  • apply for a job.

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2.    What Information The Munky Collects from You:  The Munky collects only relevant and adequate information limited to the purposes defined herein, including information:

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a.    you provide to us, including, but not limited to:

  • your contact information (e.g., your name, phone number and/or email address);

  • your age;

  • your gender;

  • your birthdate;

  • your username and password;

  • your profile information, including profile picture;

  • your chat logs and customer support tickets;

  • whatever other information you provide us (e.g., information that we can use to identify a lost account)

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b.    we automatically collect directly from you when you use our Services, including, but not limited to:

  • your game progress and activity;

  • your interactions with other players;

  • your IP address and device identifiers (e.g., your device ID, advertising ID, MAC address, IMEI);

  • your device (e.g., device name and operating system; browser information, including browser type and the language you prefer);

  • either your general geolocation or your precise geolocation, depending on how you configure your device location settings;

  • your The Munky player ID;

  • per our Cookies Policy, whatever information we collect using cookies and similar technologies;

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c.     we obtain from our partners (e.g., advertisers, other publishers, distributors, billing partners, ad network

providers), including, but not limited to, whatever information we receive:

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  •  after you opt to connect to a third-party social network (e.g., Facebook or Game Center);

  • after you opt to subscribe to certain games and/or to make in-game purchases;

  • from your use of the Services, especially for advertising and analytics purposes (e.g., to provide you with targeted and better Services).

 

3.    How The Munky Uses Your Information:  Under normal circumstances, we only collect personal information from you when:

  • we have a legal obligation to collect and process personal information from you;

  • we have your consent to do so;

  • we need such information to provide you with the Services (e.g., customer support, bug and service-error detection, fraud prevention) per an agreement with you;

  • the processing is in our legitimate interests (e.g., serving and measuring the effectiveness of advertising or marketing campaigns, analyzing your gaming activities, protecting and improving our products and services) and not overridden by your rights.

 

We primarily use such information to perform analytics to provide you with a better gaming experience, but we also use your information, both individually and combined with others, as follows:

 

a.    to operate our business and to enhance your gaming experience, including to:

  • provide you with the Services that are suitable for your age and compliant with the applicable laws of your country of residence;

  • provide gaming experiences that you may like and functionalities per your subscription, if any;

  • track your use of the Services to help us gauge your gaming preferences and tendencies so that we can personalize your experience, provide you with tailored in-game offers and notifications, and otherwise enhance your gaming experience;

  • facilitate sharing on social networks;

  • register your participation in a contest and contact you in the event you win a prize;

  • organize and ensure the proper management of events (e.g. registering your participation in an event, granting access to an event, delivering a prize);

  • offer you the opportunity to take part in playtesting (e.g., game tests);

  • protect against cheating, crime or fraud;

  • identify and fix bugs and service errors;

  • use it for administration, analytics, research, optimization and security reasons;

  • compile statistics;

  • comply with all regulatory and legal requirements, and to answer any requests from Data Protection Authorities or any law enforcement agency;

  • respect security requirements (e.g. performing audits).

 

b.    to provide you with support, to communicate with you and to respond to any requests or questions you submit through our customer support, if any;

c.     to personalize our communication with you, including to:

  • handle your subscription to our newsletters, including your desire to opt-out of them;

  • contact you to promote our Services and contests, if any;

  • send you, with your prior consent, promotions or marketing materials (you will be able to opt-out of receiving such materials);

  • offer in-game surveys;

  • provide you with advertising that seems to suit your interests, is age and gender appropriate, and targeted to your general location;

  • serve and to measure the effectiveness of advertising;

  • collect any personal information you may disclose through messages you choose to send to another user or defined group of users through our message, chat, post or other in-game functions, as well as to collect necessary personal information belonging to the user(s) you are contacting, in order to facilitate communication (we will never collect any information that you send outside of the functionality of our Services, including through emails and text messages);

  • personalize your content and offers;

  • send you push notifications (should you choose to allow that function), provided you are 13 years of age or older in the United States.

 

4.    How The Munky Retains Your Information:  The Munky retains, uses and stores your information as long as you are playing our games or using our Services, and also for the period necessary to fulfill all the purposes described in this Privacy Policy (e.g., resolve disputes, answer regulatory or police requests) in compliance with the applicable laws of your country of residence.

5.    How The Munky Shares Your Information…

a.    with The Munky Entities:  In order to operate the Services, we may transfer your personal information to other The Munky or entities, subsidiaries, processors or third parties located anywhere in the world (see section 6 below).

b.    with Third-Parties:  We use third-party services that have limited access to your information for specific purposes, including, but not limited to, administration, analytics, optimization, advertising, prize delivery, marketing assistance, customer service, and data analysis; such third-parties assist us with our operations and are authorized to use your information for such specific purposes only.

If you decide, while using our Services, to use social sharing features on third-party social networks (e.g., Facebook’s  “Share” or “Like”), such use may cause us, and signify your consent to allow us, to collect, to share and to transfer your personal and non-personal information both to and from such third-party social networks; you should visit such third-party sites to find and to learn more about their information collection policies and practices.

c.     with Authorities:  We reserve the right (i) to report to law enforcement agency activities that we, in good faith, believe to be illegal, (ii) to investigate and/or to take action to counter illegal activity, suspected abuse or unauthorized use of the Services, and (iii) to protect the property or safety of others.  Furthermore, we may disclose your information per any law or court order worldwide, provided such information relates to any actual or threatened harmful conduct; before doing so, we will consider applicable local laws, the nature of the order, and the legitimacy and proportionality of your information.

d.    With Buyers:  If and when we opt to sell our company or any line of business, including the assets relating thereto, we may, in connection with such sale, share customer information, including your information, with potential and actual buyer(s).

 

6.    International Operations and Transfers of Your Information:  The Munky is headquartered in The U.S. and has operations and entities throughout the world. As part of our international operations, we may transfer your information to our affiliates (e.g., subsidiaries, parent companies, joint ventures, and other corporate entities under common ownership of The Munky) from time to time for our legitimate business purposes; we have taken measures to treat such information securely and lawfully, and to ensure that we adequately protect such information in the jurisdictions in which we process it.

 

Security and Confidentiality of Your Information:  We have implemented security measures to safeguard your information, including credit card information; such safeguards will help maintain data security and prevent unauthorized access to such information.  Since, however, transmission of data over the Internet or any wireless network is never fully secure, despite such security measures and the other reasonable precautions we take to protect your information, we cannot guarantee the security of your information and do not assume any responsibility for the unauthorized use of, or access to, your information that is under our control. 

If there is a breach of security involving your personal information, including credit card information, from our Services, then we will (i) notify you of such breach in a timely manner per local regulations, and (ii) take commercially reasonable steps to rectify such breach.

If you believe that we, or any of our third-parties, are using your personal information improperly, then please notify us immediately via email at company.munky@gmail.com.

 

Children:  We consider anyone younger than 13 to be a child, unless there are more stringent regulations (e.g., lower age threshold) in effect in such child’s state of residence.  We encourage parents and guardians to teach their children about privacy and to make them aware of the fact that some people may find and misuse their personal information on the Internet or any wireless network; we believe children should never disclose their name, address, phone number, and/or any personal information without their parents’ or guardian's permission.  Parents and/or guardians must exercise their child’s privacy rights (see section 9 below).

 

If we believe that a child is using our Services, then we can (i) block such child from using the Services, (ii) block such child from providing information, and/or (iii) prevent such child from:

 

  • displaying his/her real name or any other personal information in any game;

  • accessing any game’s chat, leaderboard, forums, SNS (Facebook, Game Center, etc.);

  • subscribing to our newsletters;

  • using any other feature where users could appear under their real names.

 

In addition, we will (i) not collect, and we will prevent our third-party associates from collecting, any child’s precise geolocation data, and (ii) display to them contextual advertising only (excluding any behavioral advertising).

 

We will allow a child to take part in testing our games (e.g., playtests), subject to his/her parents' or guardians’ authorization and/or physical presence (when a state or other location requires such physical presence during the playtest).

 

7.    Job Applicants:  If you submit an application for a job, youthen  will also have to submit some information (e.g., name, telephone number, email address, education, experience) 

8.    Your Rights:  You represent and warrant to us that all of the information you provide us is (i) true and correct, and (ii) relates to you and not to any other person.  At any time, you may ask The Munky, to grant you access to, to update, to rectify or to erase your information through email.

If you have previously subscribed to our newsletter or consented to any direct marketing (each, a “Communication” and collectively, the “Communications”) and no longer wish to receive a Communication, then you can unsubscribe from, and we’ll stop sending you, such Communication by clicking on the “unsubscribe” link available in any of the Communications.

If you are the parent or guardian of a child who is under 13 years of age (or under some other age as specified in applicable regulations in your location) and believe your child has provided us with personal information, then please notify us through email and we will no longer collect and use, and will erase, such information.

Since The Munky needs to collect and to process certain information, whether by itself or via third-party associates, in order to provide the Services, please note that your actions, including your opting out of providing some or all of your information, may (i) affect game functionality, Services and features, and/or (ii) force The Munky to cease providing the Services to you.  As such, if and when you take the following action(s), we will reset or not be able to deliver your game or the Services:

  • modify any or all of the mandatory information;

  • request limitations, or altogether object, to our processing of mandatory information;

  • withdraw your consent for us to collect and to use your information;

  • ask us to erase your information.

 

If you withdraw your consent for us to collect and to use your information, or ask us to erase your information, then we will not use or process your information any longer, but we will store such information, including an anonymous version of such information, to answer regulatory and/or police requests, and to maintain the integrity of our data.

If you contact us with a certain request, and we need to validate your identity, both to protect your confidentiality to satisfy such request, then we will ask you to submit a copy of an official document to prove your identity.  Thereafter, we will (i) work to respond to your request in a timely manner (e.g., one month), and (ii) destroy the copy of the official document proving your identity soon after we satisfy your request and close the issue.

 9.    Additional Information for Californian Users:  The California Consumer Privacy Act of 2018 (CCPA) permits California residents to request from a business, with whom the California resident has an established business relationship, certain information about the types of personal information the business has collected, shared with, and/or sold to third parties for a business or commercial purpose during the immediately preceding calendar year, as well as to opt out of such business’ practice of selling of your personal information, if any.

Please note that The Munky does not sell your personal information in order to provide the game or the Services; our third-party associates, partners and providers may have access to your personal information in order to provide you with the game services within the limits and throughout the duration of our agreements with them, but, they can’t reuse your personal information for any other purposes.

The Munky, at times, may sell your personal information, provided you are 16 years of age or older, to a limited number of third-party partners as part of specific partnerships; you can obtain a list of such third-party partnerships and/or opt out (prevent us from selling such information) at any time by through email.  

If you are legally authorized to act on behalf of a user (e.g., such user’s parent or guardian) then you may exercise such user’s right to opt out, provided you and/or the user, upon request, submit documents that clearly evidences your identity, your relationship to such user and, if necessary, your authorization to act on behalf of such user.  If (i) we are not able to verify your identity or authority to act on behalf of a user, or (ii) some exception applies (e.g., when the disclosure of personal information would adversely affect the rights and freedoms of another consumer; when the personal information that we maintain about you is not subject to the CCPA’s access or deletion rights), then we may not honor your request to opt out.    

The Munky will not discriminate against you in any way if and when you exercise any of the rights above.

10.  Third-Party Services:  This Privacy Policy covers the way we collect, use, and treat the information we collect from you while you play our games and/or use our Services; it does not cover any information you provide to external sites that are beyond our control.  By accessing an external site beyond our control, you agree to such site’s privacy policy, which may or may not be similar to ours, and acknowledge that we have no control over, and are not responsible for, such third-party privacy policy and are not liable in any way for such third-party’s policies, actions, inactions or otherwise; we encourage you to review such privacy policy before sharing any of your information with any third-party beyond our control.

 

11.  Changes to our Privacy Policy:  We reserve the right to change this Privacy Policy for any reason and at any time.  If and when we make a material change to this Privacy Policy, then we will, in a timely manner, (i) update and re-post such policy in the "Privacy" section of our websites and apps, and (ii) indicate the date we made such modification(s) at the top of the page.  Therefore, please review this Privacy Policy from time to time so that you are aware of the change(s) we’ve made to the policy and when made such change(s); your use of the Services after such change(s) shall constitute your acceptance of such change(s).  If you wish not to accept such change(s), then you should not play the game or use the Services and opt out by sending us appropriate notice (see section 8).  If you want more information about any change(s) we make to the policy in the future, then please send your future request to company.munky@gmail.com and include “Information about Changes” in the subject line.

12.  Disclaimer:  Our Services operate AS IS; we do not represent or warrant that (i) our Services will be available at all times, or (ii) your use of the Services will be uninterrupted or error-free.  Furthermore, we are not responsible for your ability to access the Services or other matters that are beyond our control.  

13.  Legal:  This Privacy Policy is governed by the laws of your country of residence; you shall submit any dispute arising from your use of the Services to the competent courts of your country of residence.

14.  Contact:  If you have any questions, comments or concerns regarding our Privacy Policy and/or practices, please contact us by  sending an email to company.munky@gmail.com.

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