Sunbelt Computer Software

• INTRODUCTION

Who are we?

We are Poncle Ltd, and our offices are at 71 Queen Victoria Street, London, EC4V 4BE.

Where we decide the means or purpose of processing your personal data, we are the data "controller".

What’s this notice about?

This notice explains how we process your personal data as a data controller when you:

• visit, use and/or engage with our website (https://poncle.games/) and any of its respective subdomains, and any other website or app of ours that links to this privacy policy; or
• play Vampire Survivors and any other game we make available,

(together, the “Services”). We update this notice from time to time so please check back in. Please note that our processing of personal data may differ depending on how you access our Services. For example, when you access our Services via Apple Arcade, we won’t undertake a number of the processing operations listed below. We have included further information on this below.

Other apps and websites provided by third parties but linked to within our services will have a separate notice provided by the relevant third party.  

How do you contact us?
(if you have questions about this notice or to exercise your rights)

Write to us at: privacy@poncle.co.uk

If we can’t resolve your issue, you can also get in touch with the Information Commissioner’s Office: https://ico.org.uk/concerns 
(or if you live in a European country other than the UK, you can submit a complaint to the supervisory authority in your country).  

What are your rights?

You have the following rights, although these rights may be limited in some circumstances:

• Ask us to send a copy of your data to you or someone else
• Ask us to restrict, stop processing, or delete your data
• Object to our processing of your data
• Object to use of your personal data for direct marketing (to the extent it is used for direct marketing)
• Ask us to correct inaccuracies

If we rely on consent to process data, or send direct marketing, you can withdraw consent by email to the address above.

Age requirements

You must be 13 years old in order to register for an account when using Vampire Survivors. We therefore do not knowingly solicit data from, or market to, children under the age of 13. If a parent or guardian becomes aware that their child has provided us with information without their consent, he or she should contact us at the email address provided above. We will delete such information from our systems within a reasonable time.

CCPA

Please see further information at the end of this privacy policy.

• YOUR PERSONAL DATA AND HOW WE USE IT

Your data

How we use it

Sources and recipients

Exemptions

Account & Registration Data

• Email address
• Password
• Account identifier
• Unique device identifiers
• Partial IP address
• Receipts and IDs relating to in-game purchases linked to your account with us
• “Remember me” preferences

We process this information in order to register, manage and maintain your user account with us, including to provide you with service messages.

We may associate information relating to in-game purchases with your user account with us.

Legal basis

We may process this data in accordance with the terms of our contract https://poncle.games/eula.html with you (where we need this information to provide Services to you) or to take steps at your request prior to entering into a contract.

We may also process this information on the basis of our legitimate interests in: (i) offering our users an account in order to improve their experience and access to our Services and (ii) associating your in-game purchases with your user account to facilitate better access to such purchases across your devices.

In respect of your “stay logged in” preference (i.e. whether you have chosen to remain logged in) we process this information in order to prevent you from having to log back in to your account within a 24 hour period. We do this on the basis of your consent.  

More information

You are under no obligation to provide this information, however if you do not, we may not be able to register your account and deliver certain of the Services.

Sources

We collect this data directly from you. Your account identifier is generated by PlayFab (see below) and will be available in-game once you have created your account.

Recipients

PlayFab and Microsoft Azure, provide some of our technical infrastructure, including most of our servers, APIs and storage.

This data is not collected on the Apple Arcade platform.

Account-Linking Data

• Name registered with gaming or device platform accounts (such as Xbox, Nintendo Switch, Steam, iOS and Android)
• Email address registered with gaming or device platform account
• Gaming or device platform handle
• Token assigned by gaming or device platform provider

You can choose to link your gaming and device platform account(s) with your Poncle account, and use your gaming and device platform account details in order to log in. When you choose to do this, the relevant gaming or device platform provider will provide us with a token which we use to link with the account. Depending on your privacy settings with the relevant gaming or device platform provider, we may also be sent your name, and email address, from your gaming or device platform account.

Legal basis

We may process this data in accordance with the terms of our contract https://poncle.games/eula.html with you (where we need this information to provide Services to you) or to take steps at your request prior to entering into a contract.

We may also process this information on the basis of our legitimate interests in offering our users means to link their accounts in order to improve their experience and access to our Services.

More information

You are under no obligation to link your gaming or device platform accounts to your Poncle account. If you do not provide this information we may be unable to provide our account-linking service.

Sources

We collect this data from you, when you request the account linking services, and we also receive the token from the relevant gaming or device platform provider.

Recipients

PlayFab and Microsoft Azure, provide some of our technical infrastructure, including most of our servers, APIs and storage.

Further, the relevant gaming or device platform provider will have access to this data (such as Apple, Google, Steam, Xbox etc).

This data is not collected on the Apple Arcade platform.

Enquiry Data

• Name
• Email address
• Account identifier
• Details of your enquiry

We process this information to respond to your support requests and other enquiries.

Legal basis

We may process this data in accordance with the terms of our contract with you (where we need this information to provide Services to you) or to take steps at your request prior to entering into a contract.

We also use this data to pursue our legitimate interests, including: (a) our interest in responding to enquiries to ensure smooth operation of our business and services; and (b) to understand our customers and improve our Services, by taking on-board your feedback.

More information

You are under no obligation to provide us with this information, but if you do not, we may not be able to respond to your enquiry or support request.

Sources

We collect this data directly from you.

Recipients

We use Zendesk in order to receive, log and respond to your enquiries.

Review Data

• Name
• Content of your review
• Location data
• Information relating to model of device

We process this information to review your reviews, respond where appropriate, and/or to make updates or improvements to our Services in response to your reviews.

Legal basis

We use this personal data to pursue our legitimate interests, including (a) our interest in responding to reviews where appropriate; and (b) to better understand our customers and improve our Services, by taking on board your feedback.

More information

You are under no obligation to leave a review.

Sources

We collect this information when you leave a review on third party services such as Google, Steam, and other third party gaming and device platforms.

Recipients

Review platform, such as Google Play Store or Apple App Store.

This data is not collected on the Apple Arcade platform.

Marketing Communications Data

• Email address
• Marketing preferences
• Subscription status

We process this information to send newsletters, game updates, product announcements, event information, surveys, promotions, and other marketing communications relating to Poncle and its games.

Legal basis

We process this data if you have given your consent. You may withdraw your consent at any time by clicking the unsubscribe link in any marketing email or by contacting us at privacy@poncle.co.uk.

Retention

Until you unsubscribe or otherwise withdraw your consent.

Recipients

Email service providers used to deliver marketing communications.

This data is not collected through the Apple Arcade platform.

Advertising Data

• Ad identifiers and other information collected from Your mobile device. This may include non-permanent, identifiers such as the Android advertising ID and/or Apple's ID for advertising, and tracking pixels within ads,
• Country and region,
• Your gaming or device platform.

Vampire Survivors will include advertising for third party products and services. We and our advertising partners collect and use this information when you play Vampire Survivors on a mobile device.

When you play Vampire Survivors on a mobile device, identifiers and other information from your device are collected and shared with advertising partners to enable the technical delivery of ads to your device. Our advertising partners may combine this information with information which they have collected about you when you use their services (or the websites or services of third parties) in order to serve you more relevant ads in Vampire Survivors or to improve the accuracy of their targeting and measurement systems. In particular, Vampire Survivors uses Unity Technology to facilitate such processing. Please see more information here.

Legal basis

We process this data if you have given your consent.

Sources

We collect this data directly from you.

Recipients

We use ironSource in order to serve advertisements using their advertisement infrastructure.

This data is not collected on the Apple Arcade platform.

We hold data for as long as necessary bearing in mind the purpose for which it was collected.  To determine the appropriate period, we consider the amount, nature, and sensitivity of the data, the potential risk of unauthorised access, and legal requirements.

• COOKIES, ANALYTICS AND SIMILAR TECHNOLOGIES

Cookies, pixels and other technologies store and access data on your device to help websites and apps work.  This table explains their purpose, how long they last, and who else can access their data.  We get your consent to use them unless they’re essential for our sites, apps or services.

Settings to disable certain similar technologies: Windows Advertising ID | iOS and Mac OS Ad Tracking | Google Analytics | Your Ad Choices.

Cookie/Similar Technology

Duration

Purpose

Access

Exemptions

ironSource technologies

Up to 6 months

Used to serve ads on mobile platforms (see further detail in the ironSource privacy policy linked to under ‘access’). Specifically Ad Network and Mediation Platform.

ironSource accesses these cookies/similar technologies in order to provide their advertising services to us: https://developers.ironsrc.com/ironsource-mobile/air/ironsource-mobile-privacy-policy/

This data is not collected on the Apple Arcade platform.

PlayFab session token

24 hours

Used for the “remember me” functionality, if used by the player.

The session token is only valid for 24 hours, after which authentication will be required again.

N/A

This data is not collected on the Apple Arcade platform.

• TRANSFERS AND DISCLOSURE

Transfers

Your personal data is normally securely stored in the UK and the US.

Where we use data processors outside the UK and European Economic Area, and (or otherwise) transfer personal data to a country which does not provide an adequate level of protection, we use contracts approved by the European Commission or UK authorities which give personal data the same protection it has in Europe / the UK.  For more information drop us a line using the contact details at the start of this notice.

Disclosure

Other than as set out above, we may disclose your personal data:

• Where required by law, government, competent authorities or the courts or to establish, exercise or defend our legal rights, and for the purposes of preventing crime and fraud (for example, we may share personal data with our professional advisors, investigators, or credit reference agencies). Legal basis: our legal basis for this processing is likely to be: compliance with legal obligation or legitimate interests in: (i) obtaining advice in relation to legal and similar proceedings, (ii) communicating with relevant third parties in relation to legal and similar proceedings; and/or (iii) protecting and defending ourselves from legal and similar proceedings.
• With members of our corporate group, suppliers and subcontractors, as necessary for the purposes (and on the legal basis) set out in this notice.
• If involved in an investment, merger, acquisition, or sale of our organisation or assets, personal data we hold may be shared on the basis of the legitimate interests of us, our shareholders, customers and other parties to a transaction, unless those interests are outweighed by prejudicial impacts upon you. Legal basis: our legal basis for this processing is likely to be: our legitimate interests pursued would typically include our interest (and that of our shareholders) in negotiating and concluding the relevant transaction, and our interest (and that of our users) in financing the business and ensuring the development and continuity of the Services.

• CCPA: This privacy notice section for California residents supplements the information above and it applies solely to all visitors, users and others who reside in the State of California.

Categories of information collected

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Consumer or Device. The following is a list of categories of personal information which we may collect or may have been collected from California residents within the last twelve (12) months.

Please note that the categories and examples provided in the list below are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact collected by Us, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been collected. For example, certain categories of personal information would only be collected if You provided such personal information directly to Us.

• Category A: Identifiers.

Examples: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, driver's license number, passport number, or other similar identifiers.

Collected: Yes.

• Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

Examples: A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.

Collected: Yes.

• Category C: Protected classification characteristics under California or federal law.

Examples: Age (40 years or older), race, colour, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

Collected: No.

• Category D: Commercial information.

Examples: Records and history of products or services purchased or considered.

Collected: No.

• Category E: Biometric information.

Examples: Genetic, physiological, behavioural, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

Collected: No.

• Category F: Internet or other similar network activity.

Examples: Interaction with our Service or advertisement.

Collected: Yes.

• Category G: Geolocation data.

Examples: Approximate physical location.

Collected: Yes.

• Category H: Sensory data.

Examples: Audio, electronic, visual, thermal, olfactory, or similar information.

Collected: No.

• Category I: Professional or employment-related information.

Examples: Current or past job history or performance evaluations.

Collected: No.

• Category J: Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).

Examples: Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.

Collected: No.

• Category K: Inferences drawn from other personal information.

Examples: Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behaviour, attitudes, intelligence, abilities, and aptitudes.

Collected: No.

Under CCPA, personal information does not include:

• Publicly available information from government records
• Deidentified or aggregated consumer information
• Information excluded from the CCPA's scope, such as:

• Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data
• Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994

Sources of personal information

We obtain the categories of personal information listed above from the following categories of sources:

• Directly from You. For example, from the forms You complete on our Service, preferences You express or provide through our Service.
• Indirectly from You. For example, from observing Your activity on our Service.
• Automatically from You. For example, through cookies We or our Service Providers set on Your Device as You navigate through our Service.
• From Service Providers. For example, or other third-party vendors that We use to provide the Service to You.

Use of Personal Information for Business Purposes or Commercial Purposes

We may use or disclose personal information We collect for "business purposes" or "commercial purposes" (as defined under the CCPA), which may include the following examples:

• To operate our Service and provide You with our Service.
• To provide You with support and to respond to Your inquiries, including to investigate and address Your concerns and monitor and improve our Service.
• To fulfil or meet the reason You provided the information. For example, if You share Your contact information to ask a question about our Service, We will use that personal information to respond to Your inquiry.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to You when collecting Your personal information or as otherwise set forth in the CCPA.
• For internal administrative and auditing purposes.
• To detect security incidents and protect against malicious, deceptive, fraudulent or illegal activity, including, when necessary, to prosecute those responsible for such activities.

Please note that the examples provided above are illustrative and not intended to be exhaustive. For more details on how we use this information, please refer to the "Use of Your Personal Data" section.

If We decide to collect additional categories of personal information or use the personal information We collected for materially different, unrelated, or incompatible purposes We will update this Privacy Policy.

Disclosure of Personal Information for Business Purposes or Commercial Purposes

We may use or disclose and may have used or disclosed in the last twelve (12) months the following categories of personal information for business or commercial purposes:

• Category A: Identifiers
• Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
• Category F: Internet or other similar network activity
• Category G: Geolocation data

Please note that the categories listed above are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact disclosed, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been disclosed.

When We disclose personal information for a business purpose or a commercial purpose, We enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

Sale of Personal Information

As defined in the CCPA, "sell" and "sale" mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer's personal information by the business to a third party for valuable consideration. This means that We may have received some kind of benefit in return for sharing personal information, but not necessarily a monetary benefit.

Please note that the categories listed below are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact sold, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been shared for value in return.

We may sell and may have sold in the last twelve (12) months the following categories of personal information:

• Category A: Identifiers
• Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
• Category F: Internet or other similar network activity
• Category G: Geolocation data        

Share of Personal Information

We may share Your personal information identified in the above categories with the following categories of third parties:

• Service Providers
• Our affiliates
• Our business partners
• Third party vendors to whom You or Your agents authorize Us to disclose Your personal information in connection with products or services We provide to You

Sale of Personal Information of Minors Under 16 Years of Age

We do not knowingly collect personal information from minors under the age of 16 through our Service, although certain third party websites that we link to may do so. These third-party websites have their own terms of use and privacy policies and we encourage parents and legal guardians to monitor their children's Internet usage and instruct their children to never provide information on other websites without their permission.

We do not sell the personal information of Consumers We actually know are less than 16 years of age, unless We receive affirmative authorization (the "right to opt-in") from either the Consumer who is between 13 and 16 years of age, or the parent or guardian of a Consumer less than 13 years of age. Consumers who opt-in to the sale of personal information may opt-out of future sales at any time. To exercise the right to opt-out, You (or Your authorized representative) may submit a request to Us by contacting Us.

If You have reason to believe that a child under the age of 13 (or 16) has provided Us with personal information, please contact Us with sufficient detail to enable Us to delete that information.

Your Rights under the CCPA

The CCPA provides California residents with specific rights regarding their personal information. If You are a resident of California, You have the following rights:

• The right to notice. You have the right to be notified which categories of Personal Data are being collected and the purposes for which the Personal Data is being used.
• The right to request. Under CCPA, You have the right to request that We disclose information to You about Our collection, use, sale, disclosure for business purposes and share of personal information. Once We receive and confirm Your request, We will disclose to You:

• The categories of personal information We collected about You
• The categories of sources for the personal information We collected about You
• Our business or commercial purpose for collecting or selling that personal information
• The categories of third parties with whom We share that personal information
• The specific pieces of personal information We collected about You
• If we sold Your personal information or disclosed Your personal information for a business purpose, We will disclose to You:

• The categories of personal information categories sold
• The categories of personal information categories disclosed

• The right to say no to the sale of Personal Data (opt-out). You have the right to direct Us to not sell Your personal information. To submit an opt-out request please contact Us.
• The right to delete Personal Data. You have the right to request the deletion of Your Personal Data, subject to certain exceptions. Once We receive and confirm Your request, We will delete (and direct Our Service Providers to delete) Your personal information from our records, unless an exception applies. We may deny Your deletion request if retaining the information is necessary for Us or Our Service Providers to:

• Complete the transaction for which We collected the personal information, provide a good or service that You requested, take actions reasonably anticipated within the context of our ongoing business relationship with You, or otherwise perform our contract with You.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if You previously provided informed consent.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on Your relationship with Us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which You provided it.

• The right not to be discriminated against. You have the right not to be discriminated against for exercising any of Your consumer's rights, including by:

• Denying goods or services to You
• Charging different prices or rates for goods or services, including the use of discounts or other benefits or imposing penalties
• Providing a different level or quality of goods or services to You
• Suggesting that You will receive a different price or rate for goods or services or a different level or quality of goods or services

Exercising Your CCPA Data Protection Rights

In order to exercise any of Your rights under the CCPA, and if You are a California resident, You can contact Us:

• By email: privacy@poncle.co.uk

Only You, or a person registered with the California Secretary of State that You authorize to act on Your behalf, may make a verifiable request related to Your personal information.

Your request to Us must:

• Provide sufficient information that allows Us to reasonably verify You are the person about whom We collected personal information or an authorized representative
• Describe Your request with sufficient detail that allows Us to properly understand, evaluate, and respond to it

We cannot respond to Your request or provide You with the required information if we cannot:

• Verify Your identity or authority to make the request
• And confirm that the personal information relates to You

We will disclose and deliver the required information free of charge within 45 days of receiving Your verifiable request. The time period to provide the required information may be extended once by an additional 45 days when reasonably necessary and with prior notice.

Any disclosures We provide will only cover the 12-month period preceding the verifiable request's receipt.

For data portability requests, We will select a format to provide Your personal information that is readily usable and should allow You to transmit the information from one entity to another entity without hindrance.

Do Not Sell My Personal Information

You have the right to opt-out of the sale of Your personal information. Once We receive and confirm a verifiable consumer request from You, we will stop selling Your personal information. To exercise Your right to opt-out, please contact Us.

"Do Not Track" Policy as Required by California Online Privacy Protection Act (CalOPPA)

Our Service does not respond to Do Not Track signals.

However, some third party websites do keep track of Your browsing activities. If You are visiting such websites, You can set Your preferences in Your web browser to inform websites that You do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of Your web browser.

Choices regarding tracking on mobile devices

Apple and Google offer users of devices that use their operating systems options for limiting tracking and targeting in relation to ads. Using a device-level opt-out mechanism may opt You out of all third-party personalised ads, not just those delivered through Our Service. To learn about options for many mobile ad networks, please read more here.

Children's Privacy

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.

Your California Privacy Rights (California's Shine the Light law)

Under California Civil Code Section 1798 (California's Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their Personal Data with third parties for the third parties' direct marketing purposes.

If you'd like to request more information under the California Shine the Light law, and if You are a California resident, You can contact Us using the contact information provided below.

California Privacy Rights for Minor Users (California Business and Professions Code Section 22581)

California Business and Professions Code Section 22581 allows California residents under the age of 18 who are registered users of online sites, services or applications to request and obtain removal of content or information they have publicly posted.

To request removal of such data, and if You are a California resident, You can contact Us using the contact information provided below, and include the email address associated with Your account.

Be aware that Your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.

Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.