PRIVACY POLICY

Effective Date: September 10, 2019

This Privacy Policy applies to the game currently titled “Stela” (the “Game”) when provided through an Apple, Inc. (“Apple”) service or product, and Skybox Labs Inc. (“SkyBox”, “we”, “our” or “us”) services related to the Game (collectively, the “Service”), and details how we collect, use, and disclose data about our users, including you.

BY CLICKING “I AGREE” OR SIMILAR CONFIRMATION OR BY USING THE SERVICE YOU ARE AGREEING TO THE TERMS OF THIS PRIVACY POLICY AS APPLICABLE IN YOUR JURISDICTION.

1. DATA WE COLLECT

Data that we collect includes the following:

• on iOS, tvOS and macOS, the Game saves two data files, one containing your lifetime progression in the Game, the second containing your current progression in the Game (together, “Save Data”); and

• on macOS, the Game saves an additional data file containing your preferred keyboard input mappings.

Save Data is sent to Apple for Game Center achievements, leaderboards and multiplayer and to iCloud for save state storage. We do not store personal or gameplay data on our servers. In some jurisdictions, Save Data may be considered personal data either because it can be combined with more specific personal data linking the Save Data to a particular person or because it is actually linked with other personal data associated with a particular person.

2. PROCESSING OF YOUR PERSONAL AND ANONYMOUS DATA

We process your personal and anonymous data primarily for our legitimate business purposes, such as providing the Service to you, to understand your needs and the needs of our users and to improve the quality of the Service and analyze the data we collect. Specifically, these uses include but are not limited to:

• displaying and delivering the Game and content through the Service;

• supporting the security and integrity of the Service and its users including but not limited to detecting and protecting SkyBox and other third-parties against error, fraud, theft and other illegal activity or for contractual, legal, regulatory or audit obligations; and

• investigating improper or suspicious activity including responding to a request from law enforcement or a government that has asserted its lawful authority to obtain the data or where SkyBox has reasonable grounds to believe the data could be useful in the investigation of unlawful activity, complying with a subpoena or warrant or an order made by a court, person or body with jurisdiction to compel the production of data, complying with court rules regarding the production of records and data, defending our rights and the rights of others or providing information to our legal counsel.

We may disclose your personal and anonymous data to our parent companies, affiliates, subsidiaries, employees, contractors and third parties (who may be located in a foreign jurisdiction and subject to foreign laws) for the same purposes as described above.

3. SCOPE OF OUR PRIVACY POLICY

The Privacy Policy only applies to personal and anonymous data that SkyBox collects, processes and discloses. Please contact us directly using the information found below if you would like to learn more about our data practices.

4. COOKIES AND DIGITAL TRACKING TECHNOLOGIES

The Service does not use tracking technologies, such as cookies, web beacons, java beacons and clear GIFs, to collect data about you.

5. OBTAINING, RECTIFYING AND CONTROLLING YOUR PERSONAL DATA

Although the amount of data that we collect about you is very limited and is not considered personal data in most jurisdictions, if data that we collect about you is considered personal data in your jurisdiction, you may contact SkyBox to obtain a copy of any personal data we collected about you, the production of which may be subject to a fee as permitted by applicable law. In addition, you may contact SkyBox to correct inaccurate personal data or to complete incomplete personal data.

You may be able to opt-out of some or all of the ways in which your personal data is processed, or request the deletion of certain personal data, except where the personal data is necessary or vital:

• for the performance of contractual obligations;

• to comply with our legal obligations;

• to protect your interests or those of another person; or

• for our legitimate interests or the legitimate interests of a third-party,

and may do so by ceasing your access to Skybox and contacting us to remove your personal data by using the contact information found below.

6. DATA STORAGE, RETENTION AND TRANSFERS

While SkyBox is a Canadian company, the data you provide through the Service may be stored and processed by us or third-parties in countries around the world. You authorize SkyBox and third-parties to process your data in any country, which may cause your data, including personal and anonymous data, to be subject to privacy protections and legal rights that may not be equivalent to those in your country.

SkyBox complies with international personal data transfer laws in applicable jurisdictions. For residents in the European Economic Area (the “EEA”), SkyBox complies with Articles 44-49 of the European Union’s General Data Protection Regulation (the “GDPR”). Currently, all transfers of personal data to Canada from residents of the EEA are covered by an adequacy decision as described in Article 45 of the GDPR or by EEA approved Model Contractual Clauses.

Your personal data is retained until you request its deletion or until SkyBox no longer requires such data for the purpose for which it was collected or until required to be deleted by laws applicable in your jurisdiction.

7. CHILDREN

SkyBox complies with the United States Children’s Online Privacy Protection Act and all other applicable privacy laws and regulations concerning children and the Internet including laws applicable to residents of the EEA. Our collection of personal data is limited to the internal operations of the Game. If we learn that we inadvertently collected personal data from a child under the age of 13 beyond allowable legal exceptions, we will delete that data as quickly as possible. If you are a parent or guardian of a child under the age of 13 or under the age of consent in your jurisdiction, who you believe provided SkyBox with personal data without your consent, please contact us at info@skyboxlabs.com.

8. DO NOT TRACK DISCLOSURE

Do Not Track (“DNT”) is a web or device setting that allows users to request that receivers of personal data stop their tracking activities. When you choose to turn on the DNT setting in your browser or device or use alternative consumer choice mechanisms, your browser or device sends a special signal to websites, analytics companies, advertising networks, plug in providers and other web services you encounter to stop tracking your activity. Currently, there are no DNT technology standards and it is possible that there may never be any DNT technology standards. As a result, we do not respond to DNT requests.

9. CALIFORNIA “SHINE THE LIGHT” RIGHT

If you are a California resident, California Civil Code 1798.83 grants you, once annually, the right to request our disclosure of the categories of personal data we provided to third parties, and the names and addresses of these third parties, for direct marketing purposes during the preceding calendar year. Currently, we do not collect or store any personal data for marketing purposes.

10. EUROPEAN USERS AND RIGHTS OF EUROPEAN ECONOMIC AREA RESIDENTS

SkyBox has a legitimate interest, as described in Article 6(1)(f) of the GDPR, in collecting your personal data described in this Privacy Policy for the purposes described in this Privacy Policy. In some cases, the processing of your personal data is necessary for our provision of the Services to you, as described in Article 6(1)(b) of the GDPR. In other cases, such as when you provide consent to contact you using your contact information, SkyBox may collect your personal data pursuant to Article 6(1)(a) of the GDPR.

If you are a resident of the EEA, you have certain rights in regards to your personal data. These rights include:

• A Right of Access. You have the right to access your personal data that we hold about you free of charge in most circumstances.

• A Right to Rectification. If your personal data is inaccurate or incomplete, you can change the information you provided by changing the information yourself or by contacting SkyBox using the e-mail listed below.

• A Right to Erasure. You have the right to obtain deletion of personal data concerning you in many cases. In most cases, you may simply request the deletion by using the contact information found below. Please be careful as deletion of your data in this manner is permanent and your data cannot be recovered.

• A Right to Object. If the processing of your personal data is based on legitimate interests according to Article 6(1)(f) of the GDPR or if your personal data was collected based on your consent, you have the right to object to this processing. If you object we will no longer process your personal data unless there are compelling and prevailing legitimate grounds for the processing as described in Article 21 of the GDPR; in particular if the personal data is necessary for the establishment, exercise or defense of legal claims or if personal data is required for the provision of the Service and you still wish to use the Service.

• A Right to file a Complaint. You have the right to file a complaint with the appropriate supervisory authority in your jurisdiction.

• A Right to Restriction of Processing of your Personal Data. You have the right to obtain restrictions on the processing of your personal data as described in Article 18 of the GDPR.

• A Right to Personal Data Portability. You have the right to receive your personal data in a structured, commonly used and machine-readable format and have the right to transmit such data to another controller under the conditions described in Article 20 of the GDPR.

• A Right to Post-Mortem Control of Your Personal Data. Certain jurisdictions grant post-mortem controls of your personal data and if such rights are applicable in your jurisdiction, you may have the right to establish guidelines for the preservation, the deletion and the transmission of your personal data after your death though a will or through your estate.

• A Right to Opt-out of Marketing Communications. You have the right to opt-out of marketing communications we send you at any time although we do not currently use the Service to send you marketing communications. If you do receive any marketing e-mails from us, you can exercise your right to stop such communications by clicking on the “unsubscribe” or “opt-out” link on any marketing e-mails SkyBox sends you. To opt-out of other forms of marketing, please contact us using the contact details provided below.

11. CHANGE OF OWNERSHIP OR BUSINESS TRANSITION

In the event of, or in preparation for, a change of ownership or control of SkyBox or a business transition such as the sale of SkyBox or the sale or license of some or all SkyBox’s assets, we may disclose and/or transfer your data to third-parties who will have the right to continue to collect and use such data in the manner set forth in this Privacy Policy.

12. SECURITY

We are committed to ensuring that your data is secure. To prevent unauthorized access, disclosure, or breach, we put in place suitable physical, electronic, and administrative procedures to safeguard and secure the data we collect and process.

13. CONTACT PREFERENCES

We communicate with our users primarily through the Service itself and our online forums, but we may sometimes collect the contact information, such as an e-mail address, of some of our users in order to respond to support requests or comments. If you have provided us with your e-mail address and would like to change the e-mail preferences we associate with you (for example, unsubscribing from receiving certain types of e-mail) you may do so by clicking a link within certain types of e-mails that we send to you or, if no link is available, by replying with “unsubscribe” in the e-mail title or body or by modifying your e-mail settings within the Service. On rare occasions, some types of e-mail are necessary for the Service and cannot be unsubscribed from if you continue to use the Service.

14. UPDATES

SkyBox reserves the right, in its sole discretion, to modify the Privacy Policy at any time (“Updates”) and shall make Updates available on SkyBox’s website as well as by providing a notice if any material changes are made to the Privacy Policy. You are deemed to accept Updates by continuing to use the Service. Unless SkyBox states otherwise, Updates are automatically effective 30 days after posting on SkyBox website.

15. CONTACT US

If you have requests, questions or comments about the Privacy Policy or our data collection in general, please contact our Data Protection Officer info@skyboxlabs.com or:

Privacy Support Team
Suite 200, 4190 Lougheed Highway
Burnaby, British Columbia
Canada V5C 6A8