Privacy Policy

SmileChase Inc. Privacy Policy

Smilechase Inc., a corporation incorporated under the federal laws of Cyprus, (“SmileChase”, “We” or “Us”), is committed to protecting your privacy. We make available the Smilechase website located at https://smilechase.com/ including all subpages and successor pages (together the “Website”), the Smilechase application (the “App”) as well as our Service as further described in our Terms and Conditions https://smilechase.com/terms-of-service/ (the “Service”). This Privacy Policy describes how We collect, use and disclose Personal Information in the course of providing the Website, App and Service.

It is important that you read this Privacy Policy together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing Personal Information about you so that you are fully aware of how and why we are using your information. This Privacy Policy supplements the other notices and is not intended to override them.

1. Collection of Information

We aim to collect, use and disclose only Personal Information as is required to enable Us to manage your account, to provide the Service, to maintain our customer/visitor lists, to process payment transactions, to respond to your inquiries or provide feedback, for identification and authentication purposes and for service improvement.

Two types of information may be collected through the Website, App and our Service: Personal Information and Non-Personal Information. This Privacy Policy does not extend to the collection, use or disclosure of Non-Personal Information (as defined further below).

“Personal Information” is any information related to an identifiable individual or that may be used to identify an individual. We may collect, use, store and transfer different kinds of Personal Information about you which we have grouped together follows.

• Identity Data includes first name, last name, username or similar identifier, and photos you may upload to your account.
• Contact Data includes billing address, delivery address, email address and telephone numbers.
• Transaction Data includes details about payments to and from you and other details of services you have purchased from us.
• Technical Data includes internet protocol (IP) address, your mobile device’s unique ID number, 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, photo, purchases or orders made by you, your location, interests, preferences, feedback and survey responses.
• Usage Data includes information about how you use our Website, App(s) and Service, such as the buttons, controls, products and ads you click on, pages of our application or Website that you visit, the time spent on those pages, your search queries, the dates and times of your visits, but also about the webpage you were visiting before you came to our Website, App and the webpage and app(s) you go to next.
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

“Non-Personal Information” is information of an anonymous nature that is not linked to an individual, including aggregate statistical information, such as average age or geographical allocation of our users, number of visitors, webpages accessed, and average time spent on the Website, App and/or Service.

1.1 Personal Information Collected Through Input

We may collect Personal Information when you register for an account on the Website, App and/or Service, when you use the Smilechase Service, during communications with you and/or when you make payments through the Service, through user support, and/or by way of user surveys. This Information includes your Identity Data, Contact Data, Profile Data and Marketing and Communication Data and real-time information about the location of your device. You may decline to allow the Service to collect your location information. Note, however, that opting out of the Service’s collection of location information will cause its location-based features to be disabled. If you connect to the Website, App and/or Service using credentials from a third-party application such as Facebook or Twitter, you authorize Us to collect your authentication information, such as your username and encrypted access credentials. We may also collect other information available on or through your third party application account, including, for example, your name, profile picture, country, hometown, email address, date of birth, gender, friends’ names and profile pictures, and networks, in which case the specific information collected from the third-party application will be displayed to you when you log in through such application. You may, however, access our Website, App and/or Service without providing any personally identifiable information.

1.2 Personal Information Collected Automatically

Smilechase may also collect certain information from visitors to and customers of the Website, such as Technical Data, Transaction Data and Usage Data. This information is logged to help diagnose technical problems, and to administer our Website in order to constantly improve the quality of the Service. We may also track and analyse non-identifying and aggregate usage and volume statistical information from our visitors and customers and provide such information to third parties.

Our website may include social media features or other tools, such as the Facebook Login or Like buttons, the Facebook Pixel and widgets, such as the Share this button or interactive mini-programs that run on our website. These features may collect your Internet protocol address, which page you are visiting on our website, and may set a cookie or pixel to enable the feature to function properly or record that you visited our Site. Social media features and widgets are either hosted by a third party or hosted directly on our website. Your interactions with these features are governed by the privacy statement of the company providing it. Information collected by these social media businesses is set out in their privacy statements.

1.3 Children

We do not knowingly collect or solicit Personal Information from anyone under the age of 13 or other applicable “Designated Age” (as that term is defined in the Terms of Service) in the User’s jurisdiction or knowingly allow such persons to register for the Service (as that term is defined in the Terms of Service https://smilechase.com/terms-of-service). No one under the applicable Designated Age in their jurisdiction may provide any Personal Information to us or on the Service. Further restrictions in this respect are set out in the Terms of Service https://smilechase.com/terms-of-service.

2. Processing and Use of Information

We will only use your Personal Information when the law allows us to. Most commonly, we will use your Personal Information in the following circumstances:

• Where we need to perform the contract We are about to enter into or have entered into with you (such as under our Terms of Service which you accept when you download our App).
• 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.

In some circumstances we will also rely on consent to process your Personal Information. You have the right to withdraw consent to marketing at any time by contacting us using the contact details set out below.

2.1 Purposes for which we will use your Personal Information

We have set out below, in a table format, a description of all the ways we plan to use your Personal Information, and which of the legal bases we rely on to do so. We have also 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 information.

Purpose/Activity	Type of data	Lawful basis for processing including basis of legitimate interest
To register you as a new customer	(a) Identity (b) Contact	Performance of a contract 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 a contract with you (b) Necessary for our legitimate interests (to recover 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 a contract with you (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our services)
To enable you to partake in a prize draw, competition or complete a survey	(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications	(a) Performance of a contract with you (b) Necessary for our legitimate interests (to study how customers use our services, to develop them and grow our business)
To administer and protect our business, the App and the 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 (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) (b) Necessary to comply with a legal obligation
To use data analytics to improve our website, services, marketing, customer relationships and experiences	(a) Technical (b) Usage	Necessary for our legitimate interests (to define types of customers for our services, to keep our Website updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about services that may be of interest to you	(a) Identity (b) Contact (c) Technical (d) Usage (e) Profile	Necessary for our legitimate interests (to develop our services and grow our business)

2.2 Promotional offers from us and advertising

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.

You will receive marketing communications from us if you have requested information from us or purchased services from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.

2.3 Third-party marketing

Where required by law, we will get your express opt-in consent before we share your Personal Information with any company outside our company for marketing purposes, including service providers who perform marketing services on our behalf, such as conducting surveys, sending communications to you on our behalf, or serving advertisements to you.

2.4 Opting out

You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us using the details set out below at any time.

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

2.5 Change of purpose

We will only use your Personal Information 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 at https://smilechase.com/contact-us.

If we need to use your Personal Information for an unrelated purpose, 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 Information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

2.6 System Logs & Cookies

We may use cookies to track content usage and traffic on the Website, App and/or Service.

If you opt in to receive cookies, we use third-party ad companies such as Facebook to help provide some of our advertising services. These third parties may place cookies on your computer and collect data about your online activities across websites or online services.

Our cookies also keep track of which websites referred you to Smilechase and which pages you visit on our Website. If you have a Smilechase account, this information may be linked to your account; however, Smilechase only uses this information to address a customer support issue or otherwise in the aggregate to track Website performance.

If We plan to use your Personal Information in the future for any other purposes not identified above, We will only do so after informing you by updating this Privacy Policy. See further the section of this Privacy Policy entitled ‘Amendment of this Policy’.

3. Disclosures & Transfers

3.1 Game Organizers

Personal Information and User Content submissions in a Game (including videos, photos, location check-ins and, your username) will be accessible to the Organizer of that Game. In certain Games your email address will also be shared with the Organizer, who may use it to contact you for marketing or other purposes, but this be made apparent in the App prior to joining a Game if, by joining that Game, your email address will be shared with the Organizer. The Organizer may download submissions and use them for their own purposes. You understand and agree that an Organizer’s use of information collected from you (or as authorized by you) is governed by the Organizer’s privacy policies.

3.2 Third Party Applications

If you connect your Smilechase account to a third party application (such as a social media platform), Smilechase may automatically share your activity with that service, including your User Content submissions in Games. You understand and agree that that such information may be attributed to your account on the third party application and may be published on such service. Although this information may be automatically shared by default, you will always be able to turn off sharing before making a submission, and we inform you of the controls that you can use to limit the sharing of this information in your account settings. The third party application may also provide similar controls.

You understand and agree that a third party application’s use of information collected from you (or as authorized by you) is governed by the third party application’s privacy policies and your settings on the relevant service, and Smilechase’s use of such information is governed by this Privacy Policy and your Smilechase account settings.

3.3 Third Parties

We have put in place contractual and other organizational safeguards with our agents to provide a reasonable level of protection for your Personal Information (see further Security below). In addition to those measures, We will not disclose or transfer your Personal Information to third parties without your permission, except as specified in this Privacy Policy (see further Important Exceptions below).

Smilechase may provide Personal Information collected from you, to its service providers as necessary to enable the service provider to perform its obligations to us. They will be subject to contractual restrictions prohibiting them from using or disclosing any Personal Information for any other purpose.

Our servers and sub-processors are located in Cyprus (although this location may change from time to time) and accordingly your Personal Information may be available to the U.S. government or its agencies under a lawful order, irrespective of the safeguards We have put in place for the protection of your Personal Information. By using our Website, App or Service, you consent to the hosting of your Personal Information in the Cyprus. We reserve the right to store and process Personal Information outside of Cyprus, and will use commercially reasonable efforts to provide you with at least 30 days’ notice of any such changes in the processing location.

3.4 Important Exceptions

We may disclose your Personal Information to third parties without your consent, where permitted or required by law, for example if We have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other users, or anyone else (including the rights or property of anyone else) that could be harmed by such activities. We may disclose Personal Information when We believe in good faith that such disclosure is required by and/or in accordance with the law.

We may also disclose your Personal Information in connection with a corporate re-organization, a merger or amalgamation with another entity, a sale of all or a substantial portion of our assets or stock, including any due diligence exercise carried out in relation to the same, provided that the information disclosed continues to be used for the purposes permitted by this Privacy Policy by the entity acquiring the information.

4. Security

The security of your Personal Information is important to us. We use commercially reasonable efforts to store and maintain your Personal Information in a secure environment. We take technical, contractual, administrative, and physical security steps designed to protect Personal Information that you provide to us. We have implemented procedures designed to limit the dissemination of your Personal Information to only such designated staff or other permitted persons or companies as are reasonably necessary to carry out the stated purposes We have communicated to you.

5. Retention

We will keep your Personal Information for as long as it remains necessary for the identified purpose or as required by law, which may extend beyond the termination of our relationship with you. We may retain certain data as necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, Non-personal Information, Account recovery, or if otherwise required by law. All retained Personal Information will remain subject to the terms of this Privacy Policy.

We share your Personal Information within our company and with third party service providers. This will involve, if you are based in the European Union, transferring your data outside the European Economic Area (EEA).

Many of our external third parties are also based outside the European Economic Area (EEA) so their processing of your Personal Information will involve a transfer of data outside the EEA.

If you are based in the European Union, whenever we transfer your Personal Information 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:

• Where the country has been deemed to provide an adequate level of protection for Personal Information by the European Commission.
• Where we use certain service providers, we may use specific contracts approved by the European Commission which give Personal Information the same protection it has in Europe.
• Where we use providers based in the U.S., we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to Personal Information shared between the Europe and the U.S.

6. Amendment of this Policy

We reserve the right to change this Privacy Policy at any time. If We decide to change this Privacy Policy in the future, We will post an appropriate notice on our webpage at https://smilechase.com/privacy-policy. Any changes will become effective 30 days from their posting on the Website, App or Service. The date on which the latest update was made is indicated at the bottom of this document. Your continued use of the Website, App and/or Service signifies your acceptance of any changes.

7. Access and Accuracy

You have the right to access the Personal Information We hold about you in order to verify the Personal Information We have collected in respect of you and to have a general account of our uses of that Personal Information. Upon receipt of your written request, We will provide you with a copy of your Personal Information although in certain limited circumstances, We may not be able to make all relevant Personal Information available to you such as where that information also pertains to another individual or as otherwise required or permitted by law. In such circumstances We will provide reasons for the denial to you upon request. We will endeavor to deal with all requests for access and modifications in a timely manner.

We will make every reasonable effort to keep your Personal Information accurate and up to date, and We will provide you with mechanisms to update, correct, delete or add to your Personal Information as appropriate. This amended Personal Information may be transmitted to those parties to which We are permitted to disclose your information. Having accurate Personal Information about you enables Us to give you the best possible service.

8. Your Data Protection Rights under General Data Protection Regulation (GDPR)

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Smilechase aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.

If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us using the contact information set out below.

In certain circumstances, where we act as Data Controller, you have the following data protection rights:

• Request access to your Personal Information (commonly known as a “data subject access request”). This enables you to receive a copy of the Personal Information we hold about you where we are the data controller and to check that we are lawfully processing it.
• Request correction of the Personal Information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected, though we may need to verify the accuracy of the new information you provide to us.
• Request erasure of your Personal Information. This enables you to ask us to delete or remove personal information 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 information 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 information to comply with local law. 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 your request.
• Object to processing of your Personal Information 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 information 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 Information. This enables you to ask us to suspend the processing of your Personal Information in the following scenarios: (a) if you want us to establish the information’s accuracy; (b) where our use of the information is unlawful but you do not want us to erase it; (c) where you need us to hold the information 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 information but we need to verify whether we have overriding legitimate grounds to use it.
• Request the transfer of your Personal Information to you or to a third party. We will provide to you, or a third party you have chosen, your Personal Information 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.
• Withdraw consent at any time where we are relying on consent to process your Personal Information. 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 services to you. We will advise you if this is the case at the time you withdraw your consent.

Please note that we may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

If you wish to exercise any of the rights set out above, please contact us using the contact details below.

You will not have to pay a fee to access your Personal Information (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.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Information (or to exercise any of your other rights). This is a security measure to ensure that Personal Information 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.

9. Contact Us

You can help by keeping Us informed of any changes to your Personal Information. If you would like to access your information, have any questions, concerns, comments or suggestions, or if you find any errors in our information about you, please contact Us via email at play@smilechase.com. Effective Date: September 6, 2021