PRIVACY POLICY OF THE apptember, LLC

Updated and Effective as of July 23, 2021

1. General

Thank you for choosing to be part of our community at Apptember, LLC (“we”, “us”, or “our”). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our policy, or our practices with regards to your personal information, please contact us at info@apptember.io. 

In this privacy notice, we describe our privacy policy. We seek to explain to you in the clearest way possible what information we may collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy policy that you do not agree with, please discontinue use of our Apps and our services.

In this notice, «Services» refers to our Games, Websites, and any related services or properties we control; «Games or App» refers to games, applications, and other products produced by us on any and all platforms; «Websites» refers to websites and other online properties we control, including www.habio.app; «your data» is used when referring to personal data that relates to you as an identified or identifiable individual; «anonymous data» does not include data where the identity has been removed; «User, consumer» is any third part that accesses the App and is not either employed by Apptember, LLC or otherwise providing services to Apptember, LLC. 

Please read this Policy carefully and do not hesitate to contact us if you have any questions at info@apptember.io. By using the Services, you agree to the collection and use of information in accordance with this policy. 

This Privacy Policy may be updated from time to time so please be sure to check regularly. We will notify you of any material changes by posting the new Privacy Policy on the primary access points to the Services or as otherwise required by applicable law.

Where applicable, if you do not provide us the relevant Personal Data, you may not be able to use our Services completely. You should not use the Services if you do not agree with this Policy, our Terms of Use and any other agreement that governs your use of the Services.

2. Personal Data we may collect or use

Within the present privacy policy of the Apptember, LLC under personal data the information relating to an identified or identifiable User.

We may collect, use, receive, transfer and share following kinds of Personal Data about you (cases of collection are indicated).

*We generally process your personal data on the following legal bases:

Contract. You have entered a contract with us and we need to use some of your personal data to provide services you have requested or take steps that you request prior to providing services. For example, we cannot create an account for you if you do not provide required information like your email address. If you do not provide information indicated as required or mandatory within our service, it will not be available to you.

Legal obligations. We may have to process or share your personal data to comply with legal obligations, such as to comply with a subpoena or legal process.

Legitimate interests. We process your personal data for purposes that constitute our legitimate interests, such as fraud prevention and safety; protecting our, your or others’ property rights; exercising or defending legal claims; investigating violations of and enforcing our Terms of Use; analyzing and improving our services; and marketing and advertising.

Consent. In some cases, we may process your personal data based on your consent, such as where we request access to data on your mobile device through the prompts in your device’s operating system. You have the right to withdraw your consent anytime in the manner indicated at the time consent is requested with no impact on the validity and lawfulness of collection or processing based on the consent made before its withdrawal.

We do not and will not process any special categories of Personal Data, for example sensitive, medical data. 

We may anonymize your Personal Data (so that it can no longer be associated with you) for research or statistical purposes. In such case we may use anonymous information without further notice to you since such information is not considered as Personal Data and cannot be connected with you. Processing information through automatic data processing technologies we use starts automatically when you start using the App.

3. How we use Personal Data

Purpose of User’s personal data processing: fulfillment of the provisions of the Terms of Service concluded between the User and the Apptember, LLC, provision of the User’s complete access to the services provided by the Apptember, LLC. We process Personal Data when needed to provide our Services and for our operational purposes as described in this Policy. We will not use the information we collect for any purpose other than those disclosed in this Policy. We will process your Personal Data based on the legal basis. For example, we may use the Personal Data in the following ways:

• Account setup and administration: We use Registration information and information about your device to set up and administer your account, provide technical and customer support and training, verify your identity, and send important account, subscription, and Service information.
• Personalization: We use Personal Data to personalize your experience with our Services. Some of our Services will ask you to share your geolocation so we can customize your experience and increase the accuracy of the Service. If you agree to share your geolocation with us, you will be able to turn it off at any time by going to the privacy settings on your mobile device or online. For example, we may ask for age verification if we reasonable doubts regarding your age.
• Making our service available. We use information that you submit and information that is processed automatically to provide you with all requested services.
• Providing you with interest-based (behavioural) advertising or other targeted content. We may use information that is processed automatically for marketing purposes (to show ads that may be of interest to you based on your preferences). We provide personalized content and information to you, which can include online ads or other forms of marketing. To make choices about Interest-Based Ads from participating third parties, including to opt-out of receiving behaviorally targeted advertisements from participating organizations, please visit the Digital Advertising Alliance or Network Advertising Initiative consumer opt-out pages, which are located at http://www.networkadvertising.org/choices/ or http://www.aboutads.info/choices. Users in the European Union should visit the European Interactive Digital Advertising Alliance’s user information website https://www.youronlinechoices.eu/.
• To communicate with you. We use the information we have to communicate with you through newsletters, i.e. to send you marketing notifications, receive your feedback about our App experience, and let you know about our policies and terms. We also use your information to respond to you when you contact us.
• Research and development: We use Personal Data for internal research and development purposes and to improve and test the features and functions of our Services. We use information that is processed automatically to better understand user behaviour and trends, detect potential outages and technical issues, to operate, protect, improve, and optimize our App.
• Legal obligations: We may be required to use and retain Personal Data for legal and compliance reasons, such as the prevention, detection, or investigation of a crime; loss prevention; or fraud.
• Send you push notifications, related information, including confirmations and reminders (if you choose to allow that function)—only for users 18 years old or older and you can independently disable this anytime. 
• We may use Automatically Collected information and Cookies information to maintain and improve our Services, including to do the following things: (a) automatically update the applications on your system; (b) remember your information so that you will not have to re-enter it during your visit or the next time you access our Services; (c) provide customized third-party advertisements, content and information, unless it will include instructions on how to opt out of receiving these advertisements, content and information in the future; (d) monitor the effectiveness of third-party marketing campaigns; (e) monitor aggregate site usage metrics such as total number of visitors and pages accessed.

We do not share personal information with other third parties, including people or companies, except when we have your permission and paragraph 4. We will not rent or sell or disclose your personally identifiable information to others. We will use and process you Personal Data only in such cases if you give us your consent or we have legal obligations.

4. Data processing 

Our Services may collect non-personal data using integrated third-party services for achievements, leaderboards and cloud saves such as Apple iCloud and Gamecenter, Google Play services. Such data are stored in these third-party services. We do not store personal data on our servers. These services have their own privacy policies.

We share your Personal Data with certain third parties as part of our operation of the Service, whether shared by us or gathered directly by third parties through SDKs integrated into the Service. This data sharing enables us to provide you with the Service in the optimal way, such as serving you personalized, relevant advertisements within the Service.

Apptember, LLC hereby undertakes not to conduct any disclosure or transfer of the User’s personal data to any third parties, except Processors, mentioned in this paragraph, without receipt of personal consent of the User.

Apptember, LLC uses the safety measures for ensuring the confidentiality of the User’s personal information as well as for protection of the User’s personal information from loss, theft, unauthorized access, misuse, amendment or destruction.

The following companies are the Processors of the Personal Data of the Services of Apptember, LLC (In case you want to learn more about the services and privacy options please consult their websites and privacy policies):

You should know that we don’t process payments directly, payments processed via Apple App Store (Apple: https://www.apple.com/legal/privacy/en-ww/) and through the Google Play Store (Google: https://policies.google.com/privacy). We don’t collect or store payment data, details or payments-related personal data. Payment processing takes place through a payment system, integrated into the app store, appropriate for your platform. 

5. How long we keep personal information

We will keep your Personal Information for the length of time required to provide you with the Service and for the reasons described in this privacy policy, unless a longer retention period is required or permitted by law. Afterwards, we delete all aforementioned data in our possession within a reasonable timeframe. We do not verify the correctness of personal data that we collect or you provide. In all cases, Apptember, LLC does not retain such data for more than 5 years. If you no longer want us to use your information that we physically access and store, you can request that we erase your personal information and close your account. 

6. Personal Data protection

The security of your information is fundamental to us. We have implemented industry standard security measures, which include the encryption to protect your personal information, including all information you input into your habit data or share in Services, and this information is not available to third parties. We work in the international space and provide our Services to our Users around the world. 

We and third-party organizations that provide automatic data processing technologies for the App or our third-party advertising partners may transfer the automatically processed information across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located outside Belarus and choose to provide information to us, please note that we transfer the data, including Personal Data, to Belarus and process it there. This means that your personal information can be transferred to a third country, a territory or one or more specified sectors within that third country, or to the international organization where data protection and confidentiality regulations may not provide the same level of protection of a personal data as your country does. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

7. User’s rights

We attach great importance to user’s privacy and would like to explain your data protection rights.  

The User is entitled to:

(i) The right to withdrawal. It’s important to remember that if we process your data based on your consent, you have the right to withdraw your consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. Withdrawal is made by the mere notification of the Apptember, LLC via its Support service, i.e. by sending an e-mail to the address info@apptember.io with the topic «Consent withdrawal» or in the Settings menu of the application.

(ii) The right to know what Personal Data we hold, how and why we handle your Personal Data. You can ask us for a copy of your Personal Data. If you would like to exercise your right of access, please contact us as described below and let us know what information in particular you would like to receive. 

(iii) The right to opt-out of direct or target interest advertising on mobile applications by checking the privacy settings on your device settings menu. Please note that even if you use your right to opt-out it you will still receive advertising, but not direct or target interest. On Apple you can opt-out this by going to Settings > Privacy > Advertising and turning on “Limit Ad Tracking”. On Android you can opt-out by going to Settings > Google services > Ads and turning on choosing “Opt out of Ads Personalization”.

(iv) The right to request an update or correction (rectify) to any of your Personal Data which is out of date, incomplete or incorrect (according to Article 16 of the GDPR). In certain specific circumstances you have the right to ask us to delete your Personal Data which we are holding about you.

(v) The right to delete your personal data. (Right to be forgotten).

(vi) The right to object. You have the right to object to ours processing of your personal data, under certain conditions.

(vii) The right to restrict processing of your personal data under the conditions set out in Article 18 of the GDPR or any other applicable laws in your country of residence.

(viii) The right to portability of your personal data. In some circumstances, you may have the right to request that data which you have provided to us is provided to you, so you can transfer this to another data controller.

(ix) The right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority. Please see this directory for contact details: https://edpb.europa.eu/about-edpb/board/members_en. If you are in Switzerland, please visit this FDPIC site for contact details: https://www.edoeb.admin.ch/edoeb/en/home/the-fdpic/contact.html.

(x) The right to opt-out of direct or target interest advertising on mobile applications by checking the privacy settings on your device settings menu. Please note that even if you use your right to opt-out it you will still receive advertising, but not direct or target interest. On Apple you can opt-out this by going to Settings > Privacy > Advertising and turning on “Limit Ad Tracking”. On Android you can opt-out by going to Settings > Google services > Ads and turning on choosing “Opt out of Ads Personalization”.

(xi) The right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. You have the right to request us for copies of your personal data. To request to review, update, or delete your personal information, please submit a request. We will respond to your request within 30 business days. The User is empowered to request one copy of the personal data undergoing processing free of charge. Any additional copies are provided on a reimbursement basis.

You may send the request aimed at exercising your rights provided herein to our email  or to our business address:. If you make a request, we have one month to respond to you.

Please be aware when your personal information that is processed automatically you may object to such processing in some circumstances. Where your personal information is processed for direct marketing purposes, you may ask to cease processing your data for these direct marketing purposes. In order to exercise your right please contact the third party services listed in the paragraph 4 of this Privacy Policy to learn how you can object to processing your data. Most of them have clear instructions on their privacy pages, functional API or other options. Please note that you can opt-out of marketing tracking by emailing the developer account.

8. Our policy towards children

Our Services usually have a minimum age requirement of users and are not directed to children, and we do not knowingly collect Personal Data relating to children. Children should never disclose their name, address or phone number, or any personal information, without their parents’ prior permission. We consider a user to be a child if they are under the age of 13, unless more stringent regulation applies in their country of residence. In EU countries, users under the age of 16 are considered children, unless the data protection regulation of their country of residence specifies another age. If you become aware that your child has provided us with Personal information without your consent, please contact us and we will take the required steps to delete such information.

9. Specific provisions applicable under california privacy law 

This is additional information about how we collect, use, disclose and otherwise process personal information of individual residents of the State of California within the scope of the California Consumer Privacy Act of 2018 (“CCPA”). We adopted this paragraph to comply with CCPA and any terms defined in the CCPA have the same meaning when used in this notice.

California law requires us to disclose information about the categories of personal information we collect and how we use them, the categories of sources from which we collect personal information, and the third parties with whom we share personal information. We have provided detailed descriptions above in this policy. In particular, our Services have collected the following categories of personal information from its consumers within the last twelve (12) months:

We do not sell your personal information to third parties. We do share personal information with the Processors of the Personal Data of the Services of Apptember, LLC mentioned in the paragraph 4.

As a California resident, you have the rights listed below:

• You can request information about how we have collected and used your personal information during the past 12 months including the categories of personal information collected, the sources from which we collected personal information, the business or commercial purpose for collecting personal information, and the third parties with whom we shared personal information.
• You can request a copy of the personal information that we have collected about you during the past 12 months.
• You can ask us to delete personal information we have collected from you. We may need certain types of information so that we can provide our Services to you. If you ask us to delete some or all of your information, you may no longer be able to access or use the Services.
• Right to be Free from Discrimination. We may not discriminate against you because you have exercised your rights, including, for example, by denying you access to our online services or charging you different rates or prices for the same online services, unless that difference is reasonably related to the value provided by your data.
• The right to opt out of the sale of Personal Information, which is defined in a way that may include the transfer of data to third parties to personalize ads for you. If you opt out of the ‘sale’ of your information, we will not sell your information, including to our advertising partners, but you may continue to receive ads from our Services, which may not be as tailored to your interests.

You may exercise your California privacy rights described above by emailing us. We will need to confirm your identity (e.g. first name, last name, account name, email address, state of residence, etc.) and California residency to process your requests to exercise your information, access or deletion rights.

10. Further Privacy Notice for EU Residents (“GDPR Notice”)

If you are a European user, you can also request limitations to the processing of your personal information, object to the processing of your information, or exercise your right to data portability.

We remind European users that they have a right to lodge a complaint with a European Data Protection Supervisor. 

You have a right to know what Personal Data we hold about you, how and why we handle your Personal Data. You can ask us for a copy of your Personal Data and in some cases to have the information communicated to you. If you would like to exercise your right of access please contact us as described below and let us know what information in particular you would like to receive. 

You have a right to request an update or correction to any of your Personal Data which is out of date, incomplete or incorrect. In certain specific circumstances you have a right to ask us to delete your Personal Data which we are holding about you. 

You have the right to portability of your personal data. In some circumstances, you may have the right to request that data which you have provided to us is provided to you, so you can transfer this to another data controller.

You have the right to withdraw your consent at any time if we are processing your personal data with your consent.

You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.

In some instances, our use of your Personal Data may result in automated decisions being taken (including profiling). Automated decisions mean that a decision concerning you is made automatically on the basis of a computer determination (using software algorithms), without our human review. For example, we use automated decisions to provide direct or targeted interest-based advertising on our Services. You can opt out of direct or targeted interest-based advertising by following the instructions in Section

11. How can you review, update, or delete the data we collect from you?

Based on the laws of some countries, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please submit a request. We will respond to your request within 30 business days.

12. Contact details of the Apptember, LLC:

If you have questions or comments about this policy, you may contact us:

via email at: info@apptember.io

via post to:

Apptember, LLC

Kalvarijskaya str., 21, bulk 2

Minsk, 220004