Effective as of 1st April 2019
2. Personal Information Collection and Use
When you use our Services, Splatatat Pty Ltd collects information from you, including personal information. The specific types of personal information collected varies with the activity, but may include your name, email address, phone number, mobile phone number, postal address and credit card or payment information. Some of the ways you may provide personal information are as follows:
Information Collected by Others
Our Services may contain advertisements, offers and links from companies other than Splatatat Pty Ltd that may link to their own websites. In addition, other websites may reference or link to our Services. We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party websites or services. Visiting these other websites or applications is at your own risk.
In addition, Splatatat Pty Ltd Services may include publicly accessible blogs and community forums. The Services may also contain links and interactive features with various social media platforms (e.g.widgets). If you already use these platforms, their cookies may be set on your device when using our Services. You should be aware that personal information which you voluntarily include and transmit online in a publicly accessible blog, social media platform or otherwise online, or that you share in an open forum may be viewed and used by others without any restrictions. We are unable to control such uses of your information when interacting with a social media platform, and by using such services you assume the risk that the personal information provided by you may be viewed and used by third parties for any number of purposes.
Automated Tracking Technologies and Cookies
When you access our Services, we and our third party service providers use automated tracking technologies such as cookies, web beacons and pixel tags. These technologies generally help us better understand user behaviour, tell us about web visits, facilitate advertisements, and track game preferences. For example, web beacons, allow us to know if a certain page was visited or whether an e-mail was opened. Pixel tags allow us to advertise more efficiently by excluding our current users from certain promotional messages, identifying the source of a new installation or delivering ads to you on other websites. Locally shared objects also known as flashcookies, which help us to prevent fraud and speed up load times. If you would like to opt out of the automated technologies we employ on our Services, you may do so by blocking, deleting or disabling them as your browser or device permits.
We may also use Google Analytics and Google Analytics Demographics and Interest Report to collect information regarding visitor behaviour and visitor demographics on some of our Services, and to develop content for the Services. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners . You can opt out of Google Analytics’ collection and processing of data generated by your use of the Services by going to tools.google.com/dlpage/gaoptout .
3. How We Use the Information We Collect
We use the information we collect as follows:
To Provide Products, Services Or Information Requested†, including:
Administrative Purposes, including:
To Market Splatatat Pty Ltd and our affiliates Products and Services, including:
You may contact us at any time to opt out of the use of your personal information for marketing purposes as further described below.
Splatatat Pty Ltd may use personal information to pursue our legitimate interests (e.g., direct marketing, research (including marketing research), fraud prevention, network and information security, and disclosure to affiliated organisations for administrative tasks), for any other purpose disclosed to you at the time you provided such information, or otherwise with your consent.
4. Sharing and Disclosure of Your Information
As a rule, we don’t share your personal information except as provided below. In limited circumstances, we may share your information (in some cases personal information) with third parties. We discuss these limited exceptions in greater detail below.
Displaying to Others
The Services may allow you to post content which may be publicly displayed or available to others. Other individuals may be able to see some information about you, such as your name, profile picture, and the content you post. We are not responsible for the privacy practices of other users who will view and use the posted information.
Safety, Security and Compliance with Law
Your information, and the contents of all of your online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored as necessary to provide the Services and may be disclosed as we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms of service; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; (g) to allow us to pursue available remedies or limit the damages that we may sustain; and (h) if we, in good faith, believe that disclosure is otherwise necessary or advisable.
Sale or Merger
Third Party Service Provider
We may share your information with authorised third party service providers to perform a variety of operational and marketing services on our behalf, including, but not limited to, payment processing, product shipments, data analysis, e-mail and newsletter delivery, hosting and storage services, customer service and to assist us in our marketing efforts. We direct and rely on representations of these third party service providers to maintain the confidentiality of your information and to use your information only to provide services on our behalf. Please be aware that third party service providers, such as Apple, Google and Amazon independently collect personal information relating in connection with your access, use or purchase of our Services. Your information provided to those third parties will be governed by their own privacy policies.
Targeted and Behavioural Advertising
Through our Services, Splatatat Pty Ltd may allow third-party advertising partners to set tracking tools (e.g., cookies) to collect information regarding your activities (e.g., your IP address, device or cookie ID, page(s) visited, time of day). We may also share non-personal information (e.g., aggregated and non-attributable data) and certain technical information (including IP Addresses and mobile device IDs) to develop and deliver targeted advertising in the Services and on the websites or platforms of third parties.
Under these programs, we may allow advertisers to collect this information and share it with us. Advertisers collect this information through the use of automated tracking technologies like browser cookies and web beacons as described above. This information (and similar information collected from other websites) is used to tailor and offer you targeted ad-selection and delivery in order to personalise your user experience by ensuring that advertisements for products and services you see will appeal to you, a practice known as behavioral advertising, as well as web analytics (i.e. to analyse traffic and other end user activity to improve your experience). To learn more about behavioural advertising or to opt-out of this type of advertising for participating ad networks, please review Your Information Choices and Tools below.
5. Your Information Choices and Tools
The privacy of our customers is important to us. In many cases, you can manage information collected about you or your activities and opt-out of certain programs by following the guidelines below.
In accordance with applicable law, you may have the right to object to our processing of your information and/or withdraw your consent. You may do so by emailing firstname.lastname@example.org
In some cases, you may prevent the installation of cookies by adjusting your browser settings. Please note that if you disable cookies, it is possible that you may not use all functionalities of Splatatat Pty Ltd Services. Please note that cookie-based opt-outs are not effective on mobile applications. However, on many mobile devices, application users may opt out of certain mobile ads via their device settings. To learn more about behavioural advertising or to opt-out of this type of advertising for participating ad networks, please visit the Network Advertising Initiative or the Digital Advertising Alliance.
You can turn off push notifications by visiting the "options" or "settings" page within the relevant App. You can turn off local notifications by visiting the "options" or "settings" page within the relevant game. You can also stop use of your geo-location (for example through "check-ins") by visiting your device's settings for the relevant application or the "settings" page for the relevant game. You can also stop checking in.
You can choose to opt out of receiving additional promotional e-mails from Splatatat Pty Ltd by clicking on the "unsubscribe" link in any such e-mail. Please note that once we receive your request, it may take an additional period of time for your opt-out to become effective.
If you no longer want Splatatat Pty Ltd to process or make active use of your information, you may send an e-mail to email@example.com . Place "Delete My Account" in the subject line and include your first name, last name, e-mail address (if applicable) in the body of the e-mail. Please note that we will process these requests in accordance with applicable laws and certain records will be retained for legal and accounting purposes. If you have sent or posted content on the Services, we may not be able to delete it. Please consult the privacy policies of those third party providers to learn about their removal procedures.
In accordance with applicable law, you may have the right to: (i) request confirmation of whether we process your personal information; (ii) obtain access to or a copy of your personal information; (iii) receive a portable, electronic copy of your personal information; or (iv) seek correction of inaccurate or incomplete personal information, subject to certain exceptions prescribed by law. If you would like to exercise any of these rights, please contact us at firstname.lastname@example.org
We will process such requests in accordance with local laws. To protect your privacy, Splatatat Pty Ltd will take commercially reasonable steps to verify your identity before granting access to or making any changes to your personal information.
6. International Transfers, Information Security and Retention
You agree that all information collected via or by Splatatat Pty Ltd may be transferred, processed, and stored anywhere in the world, including but not limited to, Australia, the United States, the European Union, in the cloud, on our servers, on the servers of our affiliates, or the servers of our service providers, in order to provide the Services.
Splatatat Pty Ltd uses reasonable measures to protect personal information under our control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. You use our Services at your own risk, and you’re responsible for taking reasonable measures to secure your accounts (like a strong password). If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us at email@example.com
We will retain your personal information for the period necessary to fulfill the purposes for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements and comply with applicable laws.
7. Our Policies Concerning Children
9. Contact Us
10. Terms of Service Agreement
Effective as of 1 April 2019
1. Agreement to Terms
This Terms of Service Agreement ("Terms") is a legally binding contract between you and Splatatat Pty Ltd, the trading company and owner of both “Splatatat” and “Kill Your Friends”, (hereinafter “Splatatat”, “Kill Your Friends”, “our”, “we”, and “us”), and governs your use of Splatatat Pty Ltd website(s) ("Sites"), content, official social media pages, and products (collectively, our "Services").
End users of our Services are also subject to Splatatat Pty Ltd’s End User License Agreement or EULA available here. Additional posted guidelines and conditions of use ("Conditions") may be applicable to products or specific areas of the Services.
Important Notice: These Terms require the use of arbitration (Section 8 below)on an individual basis to resolve disputes, rather than jury trials of class actions and also limit the remedies available to you in the event of a dispute.
2. Updates to our Terms, Policies, or Conditions
Kill Your Friends is not recommended for anyone under the age of 18. You must be 18 years or older to use the Services. By using our Services, you affirm and represent that you are over 18.
Splatatat however is a product intended for family play. By using the Services, you represent and warrant that all information you submit is truthful and accurate.
7. Limited License to Use the Services
Subject to these Terms, Splatatat Pty Ltd grants you a non-exclusive, non-transferable, revocable limited license subject to the limitations described in detail in these Terms to use the Services solely for your own non-commercial entertainment purposes. You agree not to use the Services for any other purpose.
5. Third Party Services
If you use our Services on or through a third party service, you will be required to agree to and comply with their separate terms and conditions. You are responsible for full compliance and for fees that you incur when accessing the Services through third party services.
6. Member Disputes
You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services and/or Splatatat Pty Ltd games. Splatatat Pty Ltd reserves the right, but has no obligation, to become involved in any way with these disputes.
If you have a dispute with one or more users, you release Us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use or data.
You agree to indemnify, save, and hold Splatatat Pty Ltd, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Services, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein.
Splatatat Pty Ltd reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Splatatat Pty Ltd, and you agree to cooperate with Splatatat Pty Ltd defense of these claims. Splatatat Pty Ltd will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this paragraph will survive any termination of your Account(s) or of your use of the Services.
If a dispute arises between you and Splatatat Pty Ltd, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, we strongly encourage you to first contact us directly to seek an informal resolution through our customer support team. If any dispute cannot be settled informally, you and Splatatat Pty Ltd agree to resolve any claim or controversy at law or equity relating to this Agreement or the Services (a "Claim") through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
10. Force Majeure
Splatatat Pty Ltd shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Splatatat Pty Ltd including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Splatatat Pty Ltd control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
11. Contact Info
Questions? Let us know by sending email to firstname.lastname@example.org