PRIVACY POLICY

 

Hi future masters of the Living Ink!

Please find below our privacy policy (“Privacy Policy”).

The EU General Data Protection Regulation (the “GDPR”) has imposed certain obligations on among others EU-based entities that process personal data. To ensure compliance with the said provisions, in particular Articles 13 and 14 of the GDPR, but also to ensure that your data are as secure as possible, we provide you with this Privacy Policy which sets out all the relevant information for you. You can find out here why, on what legal basis and what categories of personal data we process about you in relation to our campaign conducted on the website www.kickstarter.com, for how long we store it, but also what rights you have to protect your data.

In case of any questions or doubts feel free to contact us!

Have a good reading!

1. Who are we?

We are Yaza Games sp. z o.o. – a Poland-based company with registered seat in Warsaw, Ul. Huculska 6, 00-730 Warszawa, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw, 13th Commercial Division of the National Court Register under KRS number 0000834326, tax identification number (NIP): 9512495877, REGON: 384927908 (mentioned below as: „Yaza Games”, “we”, “our”, or “us”). You can contact us about this privacy policy and how we process your personal data, via e-mail: privacy [at] yazagames.com or in a traditional form by regular mail.

We act as the controller of your personal data within the meaning of the GDPR.

2. What is personal data?

Personal data means any information that relates to an identified or identifiable natural person (rather than to a legal entity, such as a company). Examples of personal data include a name and surname, a home address, an IP address, but also, under certain conditions, an e-mail address such as name.surname@mail.com.

We process your personal data only for the purposes and on the legal basis indicated in this Privacy Policy.

3. What types of personal data do we collect?

Depending on the form and the amount of your support pledged on the website www.kickstarter.com and the scope of information provided by you to us voluntary, we may process the following personal data:

(a) personal details such as your name and surname, home address, billing address;

(b) pledged amount;

(c) reward selected;

(d) e-mail address;

(e) chosen clothing size;

(f) the country of your permanent address, tax residence and/or of your usual residence;

(g) details of the communication between you and us conducted, inter alia, via electronic communication means;

(h) your personal image submitted as a picture;

(i) other personal data provided by you via the website www.kickstarter.com, including personal data provided in the surveys, or via other communication means. This refers also to such personal data that may turn out to be necessary or useful for the proper delivery of your reward.

4. How do we collect your personal data?

We collect your personal data either:

(a) directly from you, for example, when you contact us via the website www.kickstarter.com, e-mail or other means or provide answers to survey questions; or

(b) indirectly from Kickstarter, PBC that operates the platform available under www.kickstarter.com.

Your personal data disclosed to us by Kickstarter, PBC may include some of the information that you have provided when registering your account.

5. Why and on what legal basis do we process your personal data?

We process your personal data in order to provide you with our services you use as well as with the rewards or to perform our obligations arising under any contracts between you and us (Article 6(1)(b) of the GDPR). By receiving your support, we have committed to providing you with certain rewards, depending on the amount of your financial support. To deliver the said benefits, we may need to or be required to process certain categories of your personal data such as your name, surname, home address, e-mail address etc.

We also process your personal data to fulfill certain legal obligations imposed on us (Article 6(1)(c) of the GDPR). Data processing may often be necessary for ensuring compliance with a legal obligation to which we are subject or such data processing may be explicitly prescribed by law. Such obligations may be imposed on us e.g. by tax and accounting regulations, regulations on the prevention of illegal activities or by courts and authorized state authorities or institutions.

Moreover, we process your personal data based on our or third parties’ legitimate interests (Article 6(1)(f) of the GDPR), where these interests are not overridden by your interests, fundamental rights or freedoms. When processing your personal data on this legal ground, we always try to balance our legitimate interest and your privacy. In case of data processing based on this legal ground, we always analyze the risk of violating your rights or freedoms as well as measures adopted to protect your personal data.

We rely on our legitimate interest when processing your personal data:

  • in order to pursue claims or defend against claims;

  • to provide you with marketing information;

  • in order to response to your queries and complaints; and

  • for our internal administrative purposes.

In some instances we may process your personal based on your consent (Article 6 (1)(a) of the GDPR). Any consent given may be withdrawn at any time, however, please note that the withdrawal of your consent is effective only for the future and does not affect the lawfulness of data processing conducted based on your consent before its withdrawal.

Your personal data will not be used for an automated decision-making including profiling.

6. Do you have to provide us with your personal data?

No, providing your personal data to us is voluntary, but failure to do so may lead to (depending on the purpose for which your personal data is collected) the inability to:

(a) provide you with the reward and our services;

(b) provide you with marketing information; or

(c) respond to your queries.

7. Who has access to personal data and with whom are they shared?

Given our business operation, your personal data may be entrusted and/or disclosed to the following entities:

(a) IT and hosting services providers;

(b) accounting and legal services providers;

(c) delivery services companies;

(d) cloud services providers;

(e) any agent, contractor or third party service provider that we work with in providing services and rewards to you;

(f) other persons and entities processing personal data on our behalf;

(g) state authorities and courts, if such an obligation results from mandatory provisions of law or when such obligation has been imposed on us in a decision or other legally binding act.

8. Do we transfer your personal outside the EEA?

Your personal data may be processed by us and our trusted partners outside of the European Economic Area (“EEA”), including in countries where data protection and privacy laws or regulations may not be equivalent to the data protection and privacy laws in the EEA.

In accordance with the GDPR, we will implement appropriate measures to ensure that your personal data remains protected and secured when it is transferred outside of the EEA to a jurisdiction that is not recognised by the European Commission as having an adequate level of protection of personal data. These measures include (where applicable) the conclusion of transfer agreements modeled on standard data protection clauses.

9. How long do we store your data?

The duration of the processing depends on its legal basis. We process your personal data for as long as necessary to fulfil the purposes for which it was collected or to comply with legal requirements. Notwithstanding the above, whenever your personal data is processed in the context of a dispute, it will not be erased until:

(a) an amicable settlement has been reached;

(b) a final judgement has been passed and enforced; or

(c) the claim becomes time-barred.

10. What rights do you have regarding your personal data?

With regard to your personal data, under conditions set out in the GDPR and to the extent provided for there, you have the right to:

(a) access your personal data and receive a copy of your personal data;

(b) request the rectification of your personal data;

(c) request the erasure of your personal data;

(d) request the restriction of data processing;

(e) where technically feasible, receive your personal data in a machine-readable format and to transmit your personal data in such a format to another data controller;

(f) object to the processing of your personal data;

(g) withdraw your consent to data processing at any time, however, the withdrawal of consent does not affect the lawfulness of processing based on the consent before its withdrawal.

You can exercise the above rights by sending your request to the address of our registered seat (indicated above) or by sending an e-mail to: privacy [at] yazagames.com

11. How can you express your concerns to the processing of your personal data?

If you have any concerns about the processing of your personal data or you are not satisfied with any aspect of it, please contact us in a manner described in clause 1 above. We would like to discuss it with you to understand how we can improve our processes and rectify the reported issue.

If you are still not satisfied with received answer or you feel that your issue has not been resolved properly, you have the right to make a complaint to the competent data protection authority in the jurisdiction where you live or work, or in the place where you think an issue in relation to your data has arisen. In Poland, the competent authority is the President of the Personal Data Protection Office (address: Stawki Street no. 2, 00-193 Warsaw).

12. What if your personal data has changed?

We are committed to ensuring that your personal data we process is always up-to-date, accurate, correct and complete. Therefore, please contact us if your personal data has changed, altered or you have noticed any irregularity.

13. May we make changes to this Privacy Policy?

Yes, the Privacy Policy may be subject to further changes. We reserve the right to amend it from time to time. If the policy has been updated, we will take steps to inform you of the update by appropriate means, depending on how we normally communicate with you.

This Privacy Policy was last updated on February 16th, 2021.