Apple Arcade Privacy

Last updated: September 26, 2020
1.
Applicability of This Policy to Ultimate Rivals on Apple Arcade.

This Privacy Policy describes the practices of Bit Fry Game Studios, Inc. (“we”, “us”, “our” or “Bit Fry”) with respect to information we collect from and about users (“you”, “your” or “users”) playing our Ultimate Rivals™ games (“Games”) on the Apple Arcade subscription service (“Apple Arcade”) operated by Apple Inc. and its affiliates (“Apple”).

This Privacy Policy is specific to the Games as played on Apple Arcade.  If you are interested in learning about Bit Fry’s practices applicable to the Games played on platforms other than Apple Arcade, or to your interactions with us via other channels, including our website, please consult our other published privacy policies applicable to those contexts.

By playing our Games on Apple Arcade, you acknowledge that you have read and understand the terms of this Privacy Policy.  This Privacy Policy may be revised periodically, and any such revisions will be reflected by the effective date above.  Please revisit this page to stay aware of any changes.  If we make material changes to this Privacy Policy, we will provide you with additional notice of such changes by providing alerts within our Games on Apple Arcade.

2.
Our Use of Apple Tools to Limit the User Data We Collect and Store

Bit Fry is committed to transparency about its privacy practices.  This section of the Privacy Policy is intended to provide background regarding how privacy and security considerations inform the Games’ design.

Certain game features – resumption of gameplay over time and across devices, multiplayer gameplay and matchmaking, game personalization, and progression tracking – inherently rely on data specific to individual users (such data is defined as “Gameplay Data” in this Privacy Policy).  Like other game developers who offer such features, we need a user identifier in order to match up individual users with their Gameplay Data.  Instead of using persistent identifiers, such as names, email addresses, phone numbers, IP addresses, and mobile device identifiers, that are more susceptible to abuse in the hands of bad actors, we use two types of identifiers that do not have meaning outside the context of the Games:

The first is a “teamPlayerID” available through Apple’s Game Center.  Each teamPlayerID is specific both to the user and to our Games.  In other words, each user’s teamPlayerID for our Games is different not only from other users’ teamPlayerID for our Games but also from the user’s teamPlayerIDs for other developers’ games.  The second is a universally unique identifier (a “URID”) that we randomly generate for each teamPlayerID.  

Our use of these identifiers is designed intentionally in order to help reduce any privacy impact or security risk associated with gameplay.

In the remaining sections of this Privacy Policy, we describe certain aspects of our data practices in additional detail.

3.
Collection and Use of User Data

We collect the following types of information from or about users:

Gameplay Data: In order to enable resumption of gameplay over time and across devices, multiplayer gameplay and matchmaking, game personalization, and progression tracking, we collect, and associate with Limited Identifiers (defined below), data concerning your game progression and preferences, including data concerning achievements, inventory, matchmaking, saved game states, and customized settings (“Gameplay Data”).  Whether and to what extent we collect and use Gameplay Data for you may depend on what Permissions we have received from you.  Gameplay Data is also stored on your Apple device and in iCloud.
Limited Identifiers: As described in detail above under “Our Use of Apple Tools to Limit the User Data We Collect and Store,” we use teamPlayerIDs available through Apple’s Game Center and URIDs that we generate (“Limited Identifiers”) in order to enable certain features that rely on Gameplay Data.  Whether and to what extent we collect and use Limited Identifiers for you may depend on what Permissions we have received from you.
Game Center Data: We also use teamPlayerIDs available through Apple’s Game Center to access information publicly available through a user’s Game Center profile, such as a user’s avatar and alias (“Game Center Data”).
Permissions: As described below under “Your Choices,” we obtain user permissions before collecting and using certain types of user data (“Permissions”).  Permissions are stored in iCloud.
Metrics: In order to answer our design questions relating to tuning and balancing gameplay and improve the Games and the overall user experience, we collect anonymized metrics regarding usage and gameplay (“Metrics”).  We collect and store these Metrics in a manner that is not tied back to Limited Identifiers.  Whether and to what extent we collect and use Metrics for you may depend on what Permissions we have received from you.

Note that requests for user support are handled through our website, www.ultimaterivals.com, and the collection of any personal information, such as contact email address, needed to respond to such requests is subject to our website privacy policy available here.

4.
Sharing of User Data with Third Parties

We may share the above-identified types of user data with third parties as follows:

Gameplay Data: with Apple and with our Service Providers (defined below);
Limited Identifiers: with Apple and with our Service Providers;
Game Center Data: with Apple and with our Service Providers;
Permissions: with Apple.

In addition, we may share Metrics and any other aggregated or de-identified user data that cannot reasonably be used to identify any user with our Service Providers and with our licensors, such as the professional sports leagues and players’ associations with whom we partner in order to offer certain content included in the Games.

In addition, we may share user data: (i) with our affiliates or any successor to all or part of our business; (ii) in order to comply with a subpoena, court order, or applicable law; and (iii) in order to protect the rights, property, or personal safety of users, us, or the public.

As used above, “Service Providers” means third parties who perform services (such as data storage and data analytics) on our behalf.

5.
Security of User Data

We take reasonable measures designed to protect user data from unauthorized access and against unlawful processing, accidental loss, destruction, and damage.

6.
Retention and Deletion of User Data

This section of the Privacy Policy does not apply to aggregated or de-identified user data that cannot reasonably be used to identify you.

We will retain your user data for the duration of your use of or access to our Games.  We may retain your user data for longer as necessary and relevant to our legitimate operations in accordance with applicable laws, such as to resolve any legal proceedings.

After 180 days of inactivity, and if there are no other reasons why retaining your user data is necessary and relevant to our legitimate operations, we will delete your user data; however, we may create (using a one-way hash function) a fingerprint of that data that allows us, should you choose to reengage with our Games and enable this option, to recover your user data using data stored locally on your Apple device and in iCloud.  We will delete this fingerprint upon request.

7.
Your Choices and Rights

You have choices with respect to how we collect and use your personal data.

In-Game Permissions: We obtain Permissions before: (i) generating Limited Identifiers that enable us to track your game progress; (ii) collecting and using Gameplay Data that specifically pertains to and enables online gameplay; and (iii) collecting and using Gameplay Data that specifically pertains to and enables multiplayer gameplay.  You may decline to grant such Permissions, but doing so may result in the corresponding features (e.g., resumption of gameplay over time and across devices, online gameplay, multiplayer gameplay) not being available to you.  You have the ability to review and adjust previously granted Permissions in the Games’ settings menus.

Apple Settings: In addition to the user data stored by Bit Fry and our Service Providers, data relating to your gameplay will be stored on your Apple device and in iCloud.  To turn off such storage or to delete such stored data, you must adjust settings on your Apple device and in iCloud.  As a result, however, you may only be able to play in single-player offline mode, and without the ability to resume saved games.  In addition, if you do not want your achievements to be sent to or displayed in Game Center, you must sign out of Game Center in your Apple settings.

Rights and Requests: You can contact us at any time using the contact information listed in the last section of this Privacy Policy to request we do any of the following:  (i) erase or delete all or some of your user data; (ii) change, update, or correct your user data; (iii) restrict how we use all or some of your user data; (iv) access your user data and, where applicable and feasible, request to receive that information in a commonly used electronic format (or ask for this information to be provided in that format to a third party); or (v) disclose what user data we collect, use, disclose, or sell.  We will consider and respond to any such requests promptly and otherwise in accordance with applicable laws.  Although we use good faith efforts to respond to your request, we may not be able to provide and/or correct the requested user data in all situations.  For example, we may not be able to provide the user data requested if it imposes an undue burden or expense, requires us to release confidential commercial information, requires the disclosure of information relating to another person, or requires authentication of the request that is not feasible in light of our design of the Games around Limited Identifiers (defined above).

California residents and European residents should also review the additional information applicable to them in the sections that follow.

Note for California Residents: If you are a resident of California, this section applies to you and supplements the rest of this Privacy Policy.

The California Consumer Privacy Act (“CCPA”) generally gives California residents the rights to: (i) request that we disclose certain information to you about our collection, disclosure and sale of your personal information (“know/access”); (ii) request that we delete your personal information (“delete”); (iii) opt-out of the sale of your personal information (“opt-out of sale”); and (iv) not receive discriminatory treatment by a business for the exercise of your consumer privacy rights conferred by California law.

As described in additional detail above, under “Our Use of Apple Tools to Limit the User Data We Collect and Store,” our Games on Apple Arcade are designed intentionally in order to help reduce any privacy impact or security risk associated with gameplay.  The user information we collect and use, described above under “Collection and Use of User Data,” is not reasonably capable of being associated with or linked to a particular consumer or householder, and thus does not constitute “personal information” within the meaning of the CCPA.  

Thus, while you may, by visiting our Consumer Privacy Request Form located here, or sending an email to privacy@bitfry.com to request the form, submit a request to know/access, delete or opt-out of sale, we do not collect or sell personal information within the meaning of the CCPA.  Should you submit such a request, we may ask you for additional information in order to verify your identify before responding to such requests, but we will use such additional information only for purposes of such verification.  We endeavor to respond to your request as soon as we can. If we are not able to respond to your request within 45 days, we will let you know that we may require additional time (up to 90 total days).   You may also use an authorized agent to exercise your rights on your behalf. If you wish to use an authorized agent, we require that your authorized agent provides written proof to us that they are authorized to act on your behalf, and we may also require your authorized agent to verify their own identity.

Note for European Economic Area Residents: If you are a European Economic Area (EEA) resident, this section applies to you and supplements the rest of this Privacy Policy.

While our focus is generally on the United States, insofar as we may from time to time process personal data of individuals in the European Union, Iceland, Liechtenstein, Norway, or the United Kingdom, which processing may be subject to the European Union’s General Data Protection Regulation (“GDPR”), please note the following:

Bit Fry is headquartered in Portsmouth, New Hampshire, in the United States.  Our full contact information is provided in the last section of this Privacy Policy.
We will only process your personal data to the extent applicable law allows us to do so.
The United States has not sought nor received a finding of “adequacy” from the European Union under Article 45 of the GDPR. We rely on derogations for specific situations as set forth in Article 49 of the GDPR. In particular, we collect and transfer personal data to the U.S. to fulfill a compelling legitimate interest in a manner that does not outweigh your rights and freedoms.
If you have any complaints regarding our privacy practices or how we handle any requests you make in accordance with the “Rights and Requests” section above (which requests you may have a legal right to make and we may have a legal obligation to honor, as dictated by applicable law), you may also lodge a complaint with your national data protection authority (contact information available here).
8.
Children

We collect and process information from children in the same ways as for our user base as a whole, and the design of the Games allows us to do so in compliance with laws applicable to children’s privacy.  The Games comply with Apple’s Game Center Content Restriction settings described here.

8.
Contact Us

Any comments, concerns, questions, or specific requests relating to this Privacy Policy should be directed to Bit Fry Game Studios, Inc. at privacy@bitfry.com.