Privacy Policy

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Web Privacy Policy

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If you require any more information or have any questions about our privacy policy, please feel free to contact us by email at info@nocturnegames.com. At www.nocturnegames.com, the privacy of our visitors is of extreme importance to us. This privacy policy document outlines the types of personal information is received and collected by www.nocturnecreations.com and how it is used.

Log Files

Like many other Web sites, www.nocturnegames.com makes use of log files. The information inside the log files includes internet protocol ( IP ) addresses, type of browser, Internet Service Provider ( ISP ), date/time stamp, referring/exit pages, and number of clicks to analyze trends, administer the site, track users movement around the site, and gather demographic information. IP addresses, and other such information are not linked to any information that is personally identifiable.

Cookies and Web Beacons

www.nocturnegames.com does use cookies to store information about visitors preferences, record user-specific information on which pages the user access or visit, customize Web page content based on visitors browser type or other information that the visitor sends via their browser.

DoubleClick DART Cookie

– Google, as a third party vendor, uses cookies to serve ads on www.nocturnegames.com.
– Google’s use of the DART cookie enables it to serve ads to your users based on their visit to www.nocturnegames.com and other sites on the Internet.
– Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy at the following URL –http://www.google.com/privacy_ads.html

Some of our advertising partners may use cookies and web beacons on our site. Our advertising partners include:

Google Adsense

These third-party ad servers or ad networks use technology to the advertisements and links that appear on www.nocturnecreations.com send directly to your browsers. They automatically receive your IP address when this occurs. Other technologies ( such as cookies, JavaScript, or Web Beacons ) may also be used by the third-party ad networks to measure the effectiveness of their advertisements and / or to personalize the advertising content that you see.

www.nocturnecreations.com has no access to or control over these cookies that are used by third-party advertisers.

You should consult the respective privacy policies of these third-party ad servers for more detailed information on their practices as well as for instructions about how to opt-out of certain practices. www.nocturnegames.com’s privacy policy does not apply to, and we cannot control the activities of, such other advertisers or web sites.

If you wish to disable cookies, you may do so through your individual browser options. More detailed information about cookie management with specific web browsers can be found at the browsers’ respective websites.

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Services Privacy Policy

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Nocturne Games has adopted this privacy policy (“Privacy Policy”) to explain how Nocturne Games collects, stores, and uses the information collected in connection with it’s products, services and websites.

Should you have any questions relating to this Privacy Policy, please contact us at info[a]nocturnegames.com or alternatively at Nocturne Games, C.Lazarillo de Tormes 22, Atico K, Salamanca, Spain, 37004.

BY INSTALLING, USING, REGISTERING TO OR OTHERWISE ACCESSING THE SERVICES, YOU AGREE TO THIS PRIVACY POLICY AND GIVE AN EXPLICIT AND INFORMED CONSENT TO THE PROCESSING, USE AND DISCLOSURE OF YOUR PERSONAL DATA IN ACCORDANCE WITH THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT INSTALL, USE, REGISTER TO OR OTHERWISE ACCESS THE SERVICES PROVIDED.

Nocturne Games reserves the right to modify this Privacy Policy at reasonable times, so please review it frequently. Your continued use of Services will signify your acceptance of the changes to this Privacy Policy.

1. Non-personal data
For purposes of this Privacy Policy, “non-personal data” means information that does not directly identify you. Additionally, non-personal data means “aggregate” and “de-personalized” information, which is data Nocturne Games collects about the use of Nocturne Games Services, from which any personally identifiable data has been removed. Nocturne Games may use tools or third party analytical software to automatically collect and use certain non-personal data that does not directly enable Nocturne Games to identify you. The types of non-personal data Nocturne Games may collect and use include, but are not limited to:

  1. device properties, including, but not limited to IP address, Media Access Control (“MAC”) address and unique device identifier or other persistent or non-persistent device identifier (“Device ID”);
  2. device software platform and firmware;
  3. mobile phone carrier;
  4. geographical data such as zip code, area code and coarse location;
  5. game progress, time used playing, score and achievements;
  6. other non-personal data as reasonably required by Nocturne Games to enhance the Services and other Nocturne Games products and services.

Nocturne Games may use Flurry analytics tool in order to develop and analyse use of the Services. If you wish to opt-out from Flurry analytics, please follow this link: http://www.flurry.com/resources/privacy.html.

Nocturne Games may use and disclose to Nocturne Games’s partners and contractors the collected non-personal data for purposes of analysing usage of the Services, advertisement serving, managing and providing the Services and to further develop the Services and other Nocturne Games services and products.

You recognize and agree that the analytics companies utilized by Nocturne Games may combine the information collected with other information they have independently collected from other services or products relating to your activities. These companies collect and use information under their own privacy policies.

Nocturne Games may supplement your personal and non-personal data with data received from third parties in connection with demographic, advertisement, market and other analytics surveys or services.

2. Ad Serving Technology
Nocturne Games reserves the right to use and disclose the collected non-personal data for purposes of advertisement by Nocturne Games or Nocturne Games’s partners and contractors. Nocturne Games may employ third party ad serving technologies that use certain methods to collect information as a result of ad serving through Services. Nocturne Games or third parties operating the ad serving technology may use demographic and location information as well as information logged from your hardware or device to ensure that appropriate advertising is presented within the Service. Nocturne Games or third parties may collect and use data for this purpose including, but not limited to IP address (including but not limited to for purposes of determining your coarse location), Device ID, MAC, software, applications, hardware, browser information, internet and on-line usage information and in-game information. The foregoing data may be used and disclosed in accordance with this Privacy Policy and the privacy policy of the company providing the ad serving technology. You recognize and agree that the advertising companies who deliver ads for Nocturne Games may combine the information collected with other information they have independently collected from other services or products. These companies collect and use information under their own privacy policies. These ad serving technologies are integrated into Services; if you do not want to be subject to this technology, do not use or access Services. Although Nocturne Games takes commercially reasonable steps to instruct such advertising companies to comply with the terms and conditions of this Privacy Policy, Nocturne Games does not have access to or control of third party technologies.

Nocturne Games may display to you behaviourally targeted advertising. If you wish to “opt out” of certain targeted advertising, please visit http://www.youradchoices.com and/or www.networkadvertising.org. Please note that the links above may not reach all Nocturne Games’s advertising partners and certain behaviourally targeted advertising may still be displayed to you. If you want to be certain that no behaviourally targeted advertisements are not displayed to you, please do not use or access the Services. Additionally please note that if you “opt out” it does not mean that you will no longer receive advertising. It just means that the advertising you see displayed will not be customized to you and your interests and may be less relevant to you.

3. Location Data
To the extent Nocturne Games makes location enabled Services available and you use such Services, Nocturne Games may collect and process your location data to provide location related Services and advertisements. For example, some add-ons or offers may be available at dedicated locations. Nocturne Games may use various technologies to determine location, such as GPS, Wi-Fi or other network-based data such as IP address. Your GPS geo-location is not accessed without your consent. Notwithstanding Nocturne Games’s partners who are providing location related parts of the Service, Nocturne Games will not share your GPS geo-location with third parties without your consent. To the extent Nocturne Games makes available GPS geo-location to third parties in accordance with this Privacy Policy, it will be provided anonymously. Please note that Nocturne Games may share your anonymous coarse location with its partners.

4. Personal Data
For purposes of this Privacy Policy, “personal data” means personally identifiable information that specifically identifies you as an individual.

Likely situations when you make personal data available to Nocturne Games include, but are not limited to:

  1. registration for Services, contests and special events;
  2. accessing Services using a third party ID, such as social networking sites or gaming services;
  3. subscribing to newsletters;
  4. purchasing a product or services through Nocturne Games’s online stores;
  5. using “tell a friend,” “email this page,” or other similar features;
  6. requesting technical support; and
  7. otherwise through use of Nocturne Games Services where personal data is required for use and/or participation.

The types of personal data may vary depending on the type of activity you are engaged in. The personal data Nocturne Games may collect, process and use may include, but are not limited to your name, screen/nick name, Nocturne Games Services� or third party service ID, e-mail address, phone number, photo or other image, birth-date, sex, address, friend connections, avatar image, credit card information, shipping information; and location (only if directly identifiable to you, otherwise Nocturne Games treats location as non-personal data).

If you choose to use Nocturne Games’s “tell a friend” or a similar service about Nocturne Games Services or order a gift certificate for your friend, Nocturne Games may store your friend’s name and contact details that you provide to Nocturne Games.

Nocturne Games may use personal and non-personal data, both individually and combined together, for purposes of analysing usage of the Services, providing customer and technical support, managing and providing Services (including managing advertisement serving), customizing Nocturne Games’s communications and to further develop the Services and other Nocturne Games services and products.

Nocturne Games may combine non-personal data with personal data.

Nocturne Games may use your personal data to send messages to you with informative and/or commercial content about Nocturne Games’s services or third party products and services Nocturne Games thinks may be of interest to you, such as new features and services, special offers and updated information.

Please note that certain features of the Services may be able to connect to your social networking sites to obtain additional information about you. In such cases, Nocturne Games may be able to collect certain information from your social networking profile when your social networking site permits it, and when you consent to allow your social networking site to make that information available to Nocturne Games. This information may include, but is not limited to, your name, profile picture, gender, user ID, email address, your country, your language, your time zone, the organizations and links on your profile page, the names and profile pictures of your social networking site “friends” and other information you have included in your social networking site profile. Nocturne Games may associate and/or combine as well as use information collected by Nocturne Games and/or obtained through such social networking sites in accordance with this Privacy Policy.

5. Disclosure and Transfer of Personal Data
Personal data may be disclosed in accordance with applicable legislation and this Privacy Policy. Additionally, Nocturne Games may disclose personal data to its parent companies and its subsidiaries in accordance with this Privacy Policy.

Nocturne Games may hire agents and contractors to collect and process personal data on Nocturne Games’s behalf and in such cases such agents and contractors will be instructed to comply with our Privacy Policy and to use personal data only for the purposes for which the third party has been engaged by Nocturne Games. These agents and contractors may not use your personal data for their own marketing purposes.

Nocturne Games may use third party service providers such as credit card processors, e-mail service providers, shipping agents, data analysers and business intelligence providers. Nocturne Games has the right to share your personal data as necessary for the aforementioned third parties to provide their services for Nocturne Games. Nocturne Games is not liable for the acts and omissions of these third parties, except as provided by mandatory law.

Nocturne Games may disclose your personal data to third parties as required by law enforcement or other government officials in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose you or Nocturne Games to legal liability. Nocturne Games may also disclose your personal data to third parties when Nocturne Games has a reason to believe that a disclosure is necessary to address potential or actual injury or interference with Nocturne Games’s rights, property, operations, users or others who may be harmed or may suffer loss or damage, or Nocturne Games believes that such disclosure is necessary to protect Nocturne Games’s rights, combat fraud and/or comply with a judicial proceeding, court order, or legal process served on Nocturne Games. To the extent permitted by applicable law, Nocturne Games will make reasonable efforts to notify you of such disclosure through Nocturne Games’s website or in another reasonable manner.

6. Data Retention and Correctness
Nocturne Games retains the data collected pursuant to this Privacy Policy for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law. Thereafter if the collected data is no longer needed for purposes specified in this Privacy Policy, Nocturne Games deletes all aforementioned data in its possession within a reasonable time frame. Nocturne Games does not verify the correctness of personal data.

Irrespective of the above, Nocturne Games may still retain some of the data to the extent such retention is necessary to resolve disputes, enforce Nocturne Games user agreements, and comply with technical and legal requirements and constraints related to the security, integrity and operation of Services.

7. Cookies, beacons and tracking
The Services may use “cookies” and other technologies such as pixel tags, locally shared objects, clear GIFs and web beacons. Nocturne Games treats information collected by cookies and similar technologies as non-personal data.

Cookies: A “cookie” is a small bit of record-keeping information that websites often store on a user’s computer. Nocturne Games cookies do not include personal data and are typically used to quickly identify your device and to “remember” you. You can disable cookies or set your browser to alert you when cookies are being sent to your device; however, disabling cookies may affect your ability to use the Services.

Flash cookies & HTML5: Nocturne Games may also use Flash cookies (locally shared objects) and HTML5 storage (locally stored objects). Locally shared objects are small files similar to browser cookies and are used to remember your settings to personalize the look and feel of the Services. Locally shared objects only collect data in the aggregate. You may prevent locally shared objects from being placed by disabling locally stored objects in your browser or visit www.adobe.com. Locally stored objects, such as HTML5 Web Storage, are used for similar purposes as cookies but typically may contain a greater amount and different types of data than browser cookies.

Web Beacons and pixel tags: A “web beacon” or a “pixel tag” is an electronic image that allows Nocturne Games to count users who have visited certain pages or viewed certain advertisements. Web beacons, like cookies, do not include personal data. E-mails and other electronic communications Nocturne Games sends to you may contain pixel tags that enable Nocturne Games to track your usage of the communication, including whether the communication was opened and/or what links were followed, if any.

8. Third Party Terms and Conditions
Please note that your access to and use of the Services may be subject to certain third party terms and conditions and privacy policies, including but not limited to application stores, map data providers, mobile software platforms, on-line gaming platforms, social networking services and payment providers. You recognize and agree that Nocturne Games is not liable for any such third party terms and conditions and their use of your personal data.

Nocturne Games may in its discretion make available links through advertisements or otherwise enable you to access third party products or services. Please note that, while using such products or services, you are using products or services developed and administered by people or companies not affiliated with or controlled by Nocturne Games. Nocturne Games is not responsible for the actions of those people or companies, the content of their products or services, the use of information you provide to them, or any products or services they may offer. The fact that Nocturne Games is linking to those products or services does not constitute our sponsorship of, or affiliation with, those people or companies.

Nocturne Games may from time to time make available Nocturne Games partners’ services, such as sweepstakes or polls and such services may require you to disclose personal data in order to register for and access such services. Such services will reasonably identify the partners at the point of where you are required to disclose personal data. If you at that point choose to disclose your personal data, such personal data may be transferred directly or via Nocturne Games to such third parties and will be subject to the privacy policy and practices of such third parties. Nocturne Games is not responsible for the privacy practices and policies of such third parties and, therefore, you should review the privacy practices and policies of such third parties prior disclosing any personal data in relation to such services.

Please note that certain Services that Nocturne Games may offer, such as multi-player gaming, social networking and gaming console services, may use third party services to provide authentication for the Services with a gaming console ID, social networking ID or gaming network account. When you register to join or use the Services from a third-party gaming or social networking system, certain personally identifiable user and/or membership data may be transferred automatically to and from Nocturne Games and you hereby consent to the processing, using, combining, disclosing and retaining of such data in accordance with this Privacy Policy by Nocturne Games.

9. Safeguards
Nocturne Games follows generally accepted industry standards and maintains reasonable safeguards to attempt to ensure the security, integrity and privacy of the information in Nocturne Games possession. Only those persons with a need to process your personal data in connection with the fulfilment of their tasks in accordance with the purposes of this Privacy Policy and for the purposes of performing technical maintenance, have access to your personal data in Nocturne Games possession. Personal data collected by Nocturne Games is stored in secure operating environments that are not available to the public. To prevent unauthorized on-line access to personal data, Nocturne Games maintains personal data behind a firewall-protected server. However, no system can be 100% secure and there is the possibility that despite Nocturne Games reasonable efforts, there could be unauthorized access to your personal data. By using the Services, you assume this risk.

10. Other
Please be aware of the open nature of certain social networking and other open features of the Services Nocturne Games may make available to you. You may choose to disclose data about yourself in the course of contributing user generated content to the Services. Any data that you disclose in any of these forums, blogs, chats or the like is public information, and there is no expectation of privacy or confidentiality.

Nocturne Games is not responsible for any personal data you choose to make public in any of these forums.

If you are under 13 years of age or a minor in your country of residence, please ask your legal guardian’s permission to use or access the Services. Nocturne Games encourages parents and/or guardians to play an active role in their children’s online experience at all times. Nocturne Games does not knowingly collect any personal information from children under 13 years of age and if Nocturne Games learns that Nocturne Games has inadvertently gathered personal data from children under 13 years of age, Nocturne Games will take reasonable measures to promptly erase such personal data from Nocturne Games records.

Nocturne Games may store and/or transfer your personal data to its affiliates and partners in and outside of EU/EEA member states and the United States in accordance with mandatory legislation and this Privacy Policy.

Nocturne Games may disclose your personal data to third parties in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of Nocturne Games stock and/or assets or other corporate change, including, without limitation, during the course of any due diligence process provided, however, that this Privacy Policy shall continue to govern such personal data.

11. Further information
Any and all use of your personal data by Nocturne Games is governed by Spanish law and not the laws where you may be located.

Nocturne Games regularly reviews its compliance with this Privacy Policy. If Nocturne Games receives a formal written complaint from you, Nocturne Games will attempt to contact you directly to address any of your concerns. Nocturne Games will cooperate with the appropriate governmental authorities, including data protection authorities, to resolve any complaints regarding the collection, use, transfer or disclosure of personal data that cannot be amicably resolved between you and Nocturne Games. Any dispute, controversy or claim arising out of or relating to this Privacy Policy or the breach, termination or validity thereof shall be finally settled at Nocturne Games’s discretion

  1. at your domicile’s competent courts; or
  2. by arbitration in accordance with the Rules for Expedited Arbitration of the Arbitration Institute of the Spanish Chamber of Commerce. The arbitration shall be conducted in Salamanca, Spain, in the Spanish language.

YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST Nocturne Games ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.