Last updated: December 18, 2020
This notice explains how The Magic Camera (referred to as “we” in this notice) collects, stores, uses, or otherwise processes the personal data of end users of our Services as defined below (referred to as “you” in this notice), and what rights you have if we are processing your personal data.
In this notice, “Services“ refers to our Games, Websites, and any related services or properties we control; “Games” refers to our games, applications, and other products, including The Magic Camera; and “Websites” refers to websites and other online properties we control, including https://www.themagicbutton.net and https://www.xyz360.nl. The expression “your data” is used when referring to personal data that relates to you as an identified or identifiable individual.
It is important that you read this notice before accessing or using the Services so that you are aware of how and why we may use data relating to you. In addition to this notice, we encourage you to carefully review our Terms of Service, which govern your use of our Services.
1 Data controller
By “data controller”, we mean an entity that determines how and why personal data is processed. With regard to the activities described in this notice, we are the data controller. Our company name is XYZ 360 SERVICOS DE TECNOLOGIA DA INFORMAÇÃO EIRELI ME. Our address is Av. Prefeito Dulcídio Cardoso 2848, bl2 – 2008, Zip 22631-052, Rio de Janeiro – Brazil. The Magic Camera is a product brand of the company mentioned above.
While operating the Services, we may share your data with partners we work with. Some of these partners are data controllers independently of us and, therefore, independently determine how and why they process your data. For more information on these partners and the ways in which they may process your data, please refer to section 6 of this notice.
2 Contact information
In matters related to this notice, you can reach us by email at firstname.lastname@example.org.
3 Your Data
To perform our contract with you, we should be open on how we manage the data and what for:
- As of the actual version of the The Magic Camera app, we do not collect any personal information such as username, email or passwords,
- enable you to play our Games or use our other Services,
- provide the correct version of our Games or other Services to you (for example, selecting an appropriate language version for you),
- send you service-related communications (for example, technical notices, security alerts, or administrative messages), or
- verify your purchases or other transactions in our Games or other Services.
Based on our legitimate interest to make our Services the best they can be, we may process your data to:
- operate and maintain our Services (for example, by making sure our Services are secure and function as intended),
- troubleshoot or debug any bugs, errors, or other issues in our Services,
- measure and analyze the use of our Services or data we collect through our Services (for example, to discover trends or other insights or to inform our operations),
- create data that is not identifiable to you (for example, aggregate data), which we may then use and share freely,
- conduct surveys or other research to learn more about our users, or
- improve our current Services or develop new Services.
Based on our legitimate interest to make sure you have the best possible user experience in our Games, we may process your data to:
- personalize your gameplay experience in our Games based on your activity,
- provide you with offers and rewards in our Games based on your activity,
- where available, enable your gameplay across multiple devices (for example, by allowing you to connect a third-party account with our Games for that purpose),
- handle your support requests or otherwise manage our relationship with you, or
- send you service-related communications (for example, technical notices, security alerts, or administrative messages).
Based on our legitimate interest to promote our Services and to make sure we reach interested audiences, we may process your data to:
- keep track of installations of our Games (including the source of each install),
- measure, analyze, and improve the effectiveness of our advertising (including our advertising outside of our Services),
- when available, send you communications about offers, rewards, events, or other news related to our Services or other operations,
- request our advertising partners to show or not show our ads to you based on your activity (including by limiting the number of times you see our ads), or
- request our advertising partners to advertise our Games or other Services to audiences who they believe have interests similar to yours.
Based on our legitimate interest to provide you with relevant ads in our Games and to fund our Services so that we can keep providing them to you, we may process your data to:
- show ads to you in our Games, either from us or our advertising partners, although this function is for now disabled in The Magic Camera App,
- keep track of your activity in our Games to learn about your interests and improve the advertising in our Games, or
- personalize, or allow our advertising partners to personalize, the ads you see in our Games to make them more relevant to you.
Based on our legitimate interest to safeguard our operations, we may process your data to:
- detect, investigate, or prevent fraud or fraudulent or otherwise unauthorized behavior,
- establish, exercise, or defend our legal rights to the extent permitted by applicable laws and regulations.
With your consent, we may process your data:
- to send you newsletters or other similar communications if you have subscribed to them (for example, through a subscription form on our Websites) or
- for other purposes explained to you when we ask for your consent.
Finally, we may process your data as necessary to:
- comply with legal obligations which we believe apply to us (including accounting and tax requirements and requirements to provide information to competent authorities upon due request) or
- protect your vital interests or the vital interests of another person.
In addition, we may process your data for additional purposes which are compatible with any of the purposes listed above.
We do not use your data to make automated decisions which significantly affect you. By an “automated decision”, we mean a decision made by an information system without any human intervention.
3.1 Cookies and similar technologies on our Websites
A “cookie” is a small file your browser stores when told to do so by a website. Cookies can be set by either the website you visit (“first-party cookies”) or a third party involved in providing content, functionality, or services such as analytics or advertising for the website you visit (“third-party cookies”). Cookies are typically used to identify or “remember” your device, for example to enable functionality, facilitate audience measurement, improve performance, or store your preferences.
4 What data do we process?
We may process the following data relating to you or not in the vast majority of the cases:
- your name, email address, or other contact information if you have provided them to us (for example, when registering an account or subscribing to our communications),
- technical information about the device you use to play our Games or use our other Services (for example, information about its type, model, manufacturer, operating system, language, display, processor, or memory), but in no way we associate this data directly to you as individual.
- your coarse location (for example, country, state, or city), inferred from your IP address,
- information about your use of the Services (for example, information about your progress in our Games, your visits to our Websites, or your interactions with ads in our Games),
- information about your interactions with our ads outside of the Services (for example, on third-party websites or applications), including information on how you were referred to our Games or other Services,
- crash logs or other information related to bugs, errors, or other issues in our Services,
- inferences we make based on your activity in our Services,
- messages or other communications you send to us or through the Services (for example, your chat messages in our Games or emails you send to our support team),
- if you make purchases in our Games, information we receive from third-party payment service providers to validate those purchases,
- if you have subscribed to our communications, your content preferences or other information you submit to us when subscribing to our communications,
- if you participate in our surveys or other research, any comments, feedback, responses, or other information you provide to us when doing so (for example, information about your background or experience with our Games),
- any other information you choose to submit to us through our Services or otherwise, and
- with your consent, other information explained to you when asking for your consent.
We do not expect or intend to collect or otherwise process any special categories of data relating to you. By special categories of data, we mean genetic, biometric or health information, information revealing racial or ethnic origin, sex life or sexual orientation, political opinions, religious or philosophical beliefs or trade union membership, or information about your criminal offences or convictions. Please do not provide this kind of information to us or use the Services to make it available to others.
5 Where do we collect your data from?
We may collect data relating to you from the following sources:
- directly from you when you submit it to us (for example, when registering an account with us, subscribing to our communications, sending support enquiries to us, or responding to our surveys),
- directly from you and/or your device by automatic means when you use our Services or interact with our ads outside of our Services (for example, on third-party websites or applications), including through cookies or similar technologies or software development kits (SDKs),
- if you interact with ads in our Games or our ads outside of our Services (for example, on third-party websites or applications), from our advertising partners involved in the delivery and measurement of those ads,
- if you choose to connect a third-party account (for example, a social media account) with our Services, from the third-party account provider,
- if you make purchases in our Services, from the third-party payment service provider involved in those transactions, or
- with your consent, from other sources explained to you when asking for your consent.
Providing data to us is not mandatory. However, we are unable to provide the Services, or some parts or features of the Services, without processing your data. If you use our Services, we will collect data relating to you for some or all of the purposes described in this notice, depending on the Services you decide to use and your choices when using them. You have a number of options to limit or control the extent to which your data is processed. For example, you can choose to not connect your third-party accounts with our Games, use your device settings to reset or limit the use of your Advertising ID, or disable some or all cookies from your browser settings.
6 Who do we share your data with?
We may share your data with third parties to achieve the purposes described in this notice. This may include sharing data with the following types of recipients:
- persons or companies outside of XYZ 360º that provide services to us and process data on our behalf when providing those services (for example, providers of hosting services, analytics services, services that add functionality to the Services, or other services that help us develop and operate our Services),
- other partners we work with while providing the Services (who may process your data independently of us), including advertising partners and others listed below:
- Google (https://policies.google.com/privacy)
- Unity (https://unity3d.com/legal/privacy-policy/)
- WebHostingBuzz (https://www.webhostingbuzz.com/about-us/privacy-policy/)
- prospective or actual buyers (including their agents or advisors) in the context of a planned or actual acquisition, merger, or other business restructuring,
- competent courts of law or other government authorities where we believe disclosure is necessary as a matter of applicable law or regulation,
- any person or entity where we believe disclosure is necessary to exercise, establish or defend our legal rights or to protect your or another person’s vital interests, or
- with any other person or entity with your consent.
In connection with the processing activities described in this notice, your data may be transferred to and/or processed in countries outside of the European Union (“EU”) and the European Economic Area (“EEA”). For example, a number of servers we use for hosting data are located in the United States, and some of our group companies or the service providers we use to provide the Services may be located outside of the EU and the EEA. These countries may have data protection laws that differ from the laws of your country. In these cases, we will provide appropriate safeguards to protect your personal data. These safeguards may include compliance with the European Commission’s standard contractual clauses for transfers of personal data or reliance on the EU-US Privacy Shield framework.
7 How long do we keep your data?
We will keep your data for as long as necessary to achieve the purpose(s) for which it was collected, including to provide you with the Services or to comply with any legal, accounting, or reporting requirements.
8 How do we keep your data secure?
We have adopted measures to provide your data a level of security appropriate for the degree of risk involved with the processing activities described in this notice. These measures are designed to protect your data against accidental or unlawful destruction, loss, or alteration as well as unauthorized disclosure or access. The specific measures we employ vary, but typically include, for example, encryption in transit, pseudonymization of identifying data where feasible, controls to limit access to services or systems that contain personal data, and maintaining procedures to handle any suspected security incidents.
9 Your rights
If we are processing your data, you have the right to:
- access, correct, or request the deletion of your data,
- request us to restrict our processing of your data,
- object to our processing of your data to the extent our processing is based on our legitimate interests or the legitimate interests of a third party, or
- where technically feasible, request a copy of the personal data you have provided to us in machine-readable format.
Where our processing of your data is based on your consent, you also have the right to withdraw your consent at any time. Please be aware that we may continue processing your data despite your withdrawal of consent, if we have a lawful basis for doing so.
To unsubscribe from our marketing communications, please use the unsubscribe link provided in the messages we send. The unsubscribe link is typically found at the end of the message.
To exercise any of your rights, you may also contact us at email@example.com. To fulfill requests submitted by email, we may need to confirm your identity to verify your right to make the request, which may involve requesting additional information from you. For example, we may ask you to provide sufficiently detailed information about the account to which the request relates to enable us to confirm that you are the account holder or acting on their behalf. While we will usually not do so, we reserve the right to charge you an appropriate fee for the exercise of your rights where permitted by applicable laws and regulations.
10 Note for California residents
If you are a California resident, please be aware that under the California Consumer Privacy Act of 2018, as amended (“CCPA”), you are entitled to receive specific information on how we process your data. You also have specific rights to your data, including the right to opt out of the sale of your personal information. To review this specific information and familiarize yourself with your rights under the CCPA, please review our Supplemental Privacy Disclosure for California Residents.
11 Age limit
Under our Terms of Service, you represent that you are at least 13 years of age. However, we do not know the specific age of individual users of our Services. If you are under 13 years of age, please do not provide your personal data (including your name, address, telephone number, or email address) to us or use the Services to make your personal data available to others.
If we discover that we hold personal data relating to a user under 13 years of age, we will take appropriate measures to ensure that we process that data according to the requirements of applicable laws and regulations or promptly delete the data from our records. If you have reason to believe we hold personal data relating to a user under 13 years of age, please contact us.
We may update this notice from time to time, for example due to changes in our operations or the legal obligations that apply to us. Updates will be made available here. Please check the updated date notice on the top of this page.