Privacy Policy
Updated: July 17, 2023
BIG WHALE CO., LIMITED (“company”, “we”, “us” or “our”) respect our users’ privacy, and take personal information seriously. This Privacy Policy explains our data practices for the software, services, and websites (collectively the "Services") that we offer to our users.
This Privacy Policy is incorporated into, and is part of, our Terms and Conditions available at https://www.bigwhale.club/tos.html. which govern your access to the site and your use of the Site and/or Services. Unless otherwise defined herein, capitalized terms shall have the meaning assigned to such terms in the Terms and Conditions.
As defined in GDPR (General Data Protection Rights) of the European Union and Council, the company is a data controller (i.e., the company that is responsible for, and controls the processing of your personal data).
By accessing any part of our Site or using any of the Services, you agree to be bound by this Policy. This Policy does not govern information we receive from third parties. If you do not agree to the terms of this Policy, please do not use the Site, or any of our Services. Each time you use any Sites or Services, the current version of this Privacy Policy will apply. Accordingly, when you use any Sites or Services, you should check the date of this Policy (which appears at the top) and review any changes since you last reviewed the Policy.
1. Who We Are
We are BIG WHALE CO., LIMITED ("company," “we,” “us” and “our”), a leading developer, publisher and marketer of interactive entertainment. In this Privacy Policy, the company is the data controller and responsible for information for Services offered by.
2. INFORMATION WE COLLECT WHEN YOU PLAY GAMES AS A USER
2.1 Personal Information you provide directly in the Games: We may collect the following personal information that you input when you play a Game:
Contact information, such as your name, username, phone number, email address and physical address.
Your date of birth.
Payment information, such as the form of payment you use, payment method details (such as credit or debit card number).
Demographic data, such as your income and other financial information.
Identification documents, such as passport, driving license, proof of residence, etc.
Your precise location and the contacts saved on your device, when you agree, through your device settings, to allow the Developer Game to access this information.
Any photos that you upload to your profile.
Chat, comments and opinions that you send through any in-app messaging features, or when you submit requests for in-app technical support.
In-app searches that you carry out within the Game.
Transaction and purchase information, such as any cash deposits that you make in the Game and the frequency with which you deposit your account in the Game.
2.2 Personal Information that is passively collected when you play Game:
Phone contacts that you have stored on the mobile device from which you access our Game.
Approximate Location Data, including your general geographic location based on your IP address.
Gameplay content, including recordings of your gameplay and performance records.
User ID that you are automatically assigned in connection with your access to our Game.
Device IDs, such as IDFA and Android ID.
Usage Data, including the time you launched the Developer Game, the pages and content viewed, any adverts that you viewed and clicked on, the objects and links you clicked on and interacted with, and scrolling information.
Diagnostics Data, including any crash logs and usage and performance statistics.
2.3 How we use this information: We use personal information we collect to:
Register and authenticate you: we use your personal information to allow you to register for and access our Games and update your profile information.
Ensure you are able to play our Game: we use your personal information to ensure that you are legally able to access and play our Game, or use certain features and functionalities of our Game, in your country or state.
Deliver physical prizes: we use your personal information to provide you with any physical prizes that you win when playing our Games. In some cases, we may provide your email address or physical address to prize fulfillment partners for the purpose of fulfilling the prize.
Help you find other players on our Games, such as people whose details are saved in your phone contacts.
Process your payments and purchases, such as updating your account to reflect any purchases that you make in our Games.
Provide features and functionalities of our Games, such as in-app messaging, chat, gameplay performance records and profile customization features.
Provide support in relation to our Games.
Monitor the performance of and improve our Services: we use your personal information to measure the performance of our Services, fix issues, improve and otherwise develop the features and functionalities of our Services. We also use your personal information to test and develop new products and services.
Identify how you learned about our Games in order to understand the effectiveness of any advertising of our Games.
Communicate with you and deal with complaints: we use your personal information to send you communications relating to our Services and to address any comments or complaints you submit to us.
Send you service related communications, such as purchase confirmations.
Send you marketing materials, including emails, newsletters, and other marketing communications in accordance with your preferences.
Inform and support our marketing, including helping us determine products and services that may be of interest to you and contacting individuals about our Services.
Maintain the safety and security of our Services: we use your personal information to detect and prevent fraud, abuse or other harmful activities, diagnose and fix technology problems, conduct security investigations and risk assessments, and improve and enforce our security measures.
Legal and regulatory requirements and proceedings: we use your personal information in connection with legal and regulatory proceedings and requirements, including the defense of legal claims, compliance with corporate reporting obligations, and compliance with applicable laws.
Enforce our rights: we may use your personal information to monitor, investigate, prevent and/or mitigate violations of our terms of use as well as enforce our agreements with third parties and business partners.
For any other lawful purpose, or other purpose that you consent to.
3. Purposes for which we will use your personal information
Below is a chart of some of the common ways in which we process your personal information. We have identified what our legitimate interests are where appropriate. Note that we may process your personal information 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 information where more than one ground has been set out in the table below.
|
Purpose/Activity |
Type of data (varies depending on circumstances) |
Lawful basis for processing including basis of legitimate interest |
|
To register you as a user of our Services. |
Contact Information Account Information |
Performance of a contract with you. |
|
Notifying you about changes to our terms or Privacy Policy. |
Contact Information |
Necessary to comply with a legal obligation |
|
To enable you to participate in a game, contest, competition, survey, or similar event. |
Identifiers Contact Information Technical Information Usage Information |
Performance of a contract with you. Legitimate Interests (to learn how our users use our Services, to improve our Services, to 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). |
Identifiers Contact Information Technical Information Usage Information |
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 reorganization or group restructuring exercise) |
|
To provide you with information and marketing communications about our products and services. |
Identifiers Contact Information Marketing and Communications Information |
Consent Legitimate Interests (in marketing goods or services in which you may have a personal interest based on our ongoing business relationship). |
|
To provide you with third party offers that may be relevant to you. |
Identifiers Contact Information Marketing and Communications Information |
Consent |
|
To respond to customer service requests including order status and chat communications. |
Identifiers Contact Information Technical Information |
Legitimate Interest (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise) Consent |
4. OUR LAWFUL BASES FOR PROCESSING
We collect, use, and otherwise process your information when we have a lawful basis, as follows:
Consent: We ask you for consent to collect or use your personal information for specific purposes, such as when we want to send you emails about special offers or competitions, or if you decide to link your account with a third-party service.
Contract Performance: We process your personal information when we need to perform and manage a contract with you, such as our Terms of Service, or to take steps at your request before we contract with you, such as to complete transactions with you and to allow you to play our games online.
Legal Requirement: We process your personal information when required by law.
Legitimate Interest: We process your personal information when necessary for our, or others', legitimate interests and when these interests do not outweigh your own rights and interests. This covers processing for purposes such as improving our products and services; performing analytics and using surveys to better understand our users; conducting direct marketing (when we do not need your consent); otherwise supporting our business, operations, and services; ensuring the proper function, security, and integrity of our services; dealing with user questions; enforcing our Terms of Service and EULA; preventing fraud; preventing illegal activity; preventing violations of our EULA, Terms of Service, Code of Conduct, or other policies; and preventing intellectual property right infringement.
5. Data Storage and Transfer
Your information collected through our Service may be stored and processed in the United States or any other country in which we or our affiliates or service providers maintain facilities. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including your Personal Information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and we will take all steps reasonably necessary to ensure that any Personal Information are treated securely and in accordance with this Privacy Policy and applicable law. Such transfers are made pursuant to appropriate safeguards as provided by applicable law. If you wish to enquire further about these transfers, please contact us using the details set out at the end of this Privacy Policy.
For individuals based in the EU or Switzerland, we store personal data for as long as necessary to fulfill the purposes for which we collect the data (see above under “Categories of Information We Collect”), except if otherwise required by law.
6. Data Security
We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected personal information breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
7. Data Retention
We will only retain your personal information 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. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements. In some circumstances you can ask us to delete your data (see “EU Data Subjects Legal Rights”). In some circumstances we may anonymize your personal information (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.
8. Children’s Policy
Generally, we direct our Services to a general audience and we do not knowingly collect personal information from children under 13 years old (or older, if applicable law provides for different protections). We may direct certain Services to an audience of all ages—including children. For these Services, we may restrict the collection of personal information on the Services from anyone, apply an age gate allowing children to use the Services while restricting the collection of personal information on the Services from children, or get a parent’s permission to collect personal information from children. If we become aware that a child has provided personal information without a parent’s permission, we will promptly delete this information. We encourage parents to instruct their children to never give out their real names, addresses, or phone numbers, without permission, when using the Internet.
9. GDPR Privacy Rights
“European Data Protection Laws” means the GDPR, the UK Data Protection Act 2018, the EU e-Privacy Directive (Directive 2002/58/EC), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (as amended), the FADP, any applicable domestic legislation of each Covered Country that relates to data protection or privacy and any successor legislation and/or regulation implementing or made pursuant to the foregoing, or which amends, replaces, re-enacts or consolidates any of the foregoing;
We shall not Process Partner Personal Data other than on the Partner’s documented instructions set forth in this Chapter unless Processing is required by laws of the EEA or EEA Member State (where EU GDPR applies to the Processing), UK (where UK GDPR applies to the Processing) or Switzerland (where the FADP applies to the Processing) to which the relevant Contracted Processor is subject, in which case we shall inform Partner of that legal requirement before the relevant Processing of that Personal Data, unless that law prohibits such information on important grounds of public interest.
The General Data Protection Regulation or GDPR gives citizens of the European Economic Area (EEA) certain rights when you use services that process personal data. In order to allow you to exercise these rights, our app’s and/or Services made changes so you can now better control your data on the app.
Our privacy policy describes our practices in detail using simple language. Everything you need to know is here.
The right to rectification
If you believe we have the wrong data about you, or that your data is incomplete, feel free to change it at any time through the profile settings on your settings on your mobile device.
The right to erasure
You have the right to request the erasure of your personal data.
We have made it easy for you to delete your historical data on the app, while continuing to use the app. Simply tap on the delete your data button in your privacy settings. We will delete the data which we are not otherwise required to keep or is necessary for the provision of the service.
The right to restrict processing
You can decide which processing operations you want to opt-out of. You can also change the settings on your mobile device operating system at any time to prevent us gaining access to certain data such as your accurate location – but this may negatively impact on your user experience.
The right of access
Read our Cookies & Tracking Technologies Used on our’s Services !!! for details about what data is processed by us.
The right to appeal automated decisions and profiling
We may make an automated decision to block a user, in case we suspect this user is using our services for illegal acts or acts that violate our terms of use.
10. Your California Privacy Rights (Under California Civil Code Section 1798.83)
California residents have the right to request and obtain from us, once a year and free of charge, a list of the third parties to whom we have disclosed certain types of personal information (if any) for their direct marketing purposes in the prior calendar year. At our option, we may respond to such requests by providing instructions about how our users can exercise their options to prevent our disclosure of personal information to third parties for their direct marketing purposes. You can read these instructions above in the “Marketing and Advertising Practices” section of our Privacy Policy. Or, if you are a California resident and prefer that we send you a separate response, please email your request to at this time, our Website does not respond to browser “Do Not Track” signals.
11. Disclosures of Your Personal Information
From time to time, we may need to share your personal information with others, including in the following circumstances.
Disclosures to the Public. Some of your personal information will be shared with the general public, including your first name and last name initial, avatar picture, city, state, country and other materials. When information is made publicly available it may be accessed by anyone with access to the platform to which the information is posted. It may also be indexed by third-party search engines, and be imported, exported, distributed, aggregated, and redistributed by others without our knowledge.
Third Party Service Providers. We may share your personal information with third party service providers who perform various functions to enable us to provide our services and help us operate our business, such as website design, sending email communications, fraud detection and prevention, customer care, payment processing, or performing analytics. Our contracts with these third parties require them to maintain the confidentiality of the personal information we provide to them, only act on our behalf and under our instructions, and not use personal information for purposes other than the product or service they’re providing to us or on our behalf.
With our Affiliates and Partners. When participating in events or activities that we offer along with our partners and/or affiliates, you may be asked to share personal information with those affiliates and/or partners. For example, a game, contest, competition, contest or other offering may be co-sponsored by another company or companies. In such a situation, the information we obtain from you in connection with such contest or offering may be shared with our co-sponsor, unless you instruct us not to (which may result in you not being able to participate). In some of those cases, we may act as co-controllers of your personal information, depending on the circumstances.
With Unaffiliated Controllers. In some cases, we may transfer personal information to unaffiliated third-party data controllers. These third parties do not act as agents or service providers and are not performing functions on our behalf. We may transfer your personal information to third-party data controllers for the following purposes: 1) to provide you with third-party offers; 2) to provide us information about the quality of our services offerings. We will only provide your personal information to third-party data controllers where you have not opted-out of such disclosures, or in the case of sensitive personal information, where you have opted-in if the disclosure requires consent. We enter into written contracts with any unaffiliated third-party data controllers requiring them to provide the same level of protection for your personal information that is required of us. We also limit their use of your personal information so that it is consistent with any consent you have provided and with the notices you have received.
Protection and Others. We may share personal information when we believe it is appropriate to enforce or apply our Terms of Service and other agreements; or protect the rights, property, or safety of our products and services, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and risk reduction. This does not include selling, renting, sharing, or otherwise disclosing personal information of our customers for commercial purposes in violation of the commitments set forth in this Privacy Policy.
Response to Subpoenas and Other Legal Requests. We may share your information with courts, law enforcement agencies, or other government bodies when we have a good faith belief we’re required or permitted to do so by law, including to meet national security or law enforcement requirements, to protect our company, or to respond to a court order, subpoena, search warrant, or other law enforcement request.
Sale of Our Business. If we sell, merge, or transfer any part of our business, we may be required to share your information. If so, you will be asked if you’d like to stop receiving promotional information following any change of control.
With your Consent. Other than as set out above, we will provide you with notice and the opportunity to choose when your personal information may be shared with other third parties.
12. Changes to our Privacy Policy
This Policy is expected to change from time to time. We reserve the right to amend this Privacy Policy at any time and provide notice to you by posting of the amended Privacy Policy on the website. We may also email you to give you notice of material changes to this Privacy Policy. The provisions contained herein supersede all previous notices or statements regarding our privacy practices and the terms and conditions that govern the use of this Services.
13. Contact us
If you have any questions or wish to register a complaint in relation to this Privacy Policy or the manner in which your personal information is used by us, please contact us by any of the following means:
BIG WHALE CO., LIMITED Address: ROOM 16B2,Hankow Centre, Ashley Rd, Tsim Sha Tsui, Kowloon, HONGKONG
Support: SolitaireDash3@outlook.com