Privacy Policy

Updated: November 19, 2020

1. Introduction
   1. This Privacy Policy (hereinafter: “Policy”) is used by Ananda Digital Technologies B.V., a company with limited liability under the laws of the Netherlands with its registered offices in Amsterdam, the Netherlands, having offices at Nieuwezijds Voorburgwal 292, (1012 RT) Amsterdam, the Netherlands and registered in the register of the Chamber of Commerce under registration number 71017216 (hereinafter: “Ananda” or “we”)). Ananda’s data protection representatives can be reached by email at dataprotection·@·allyouplay.com.
   2. This Policy applies to all processing of data that identifies you or may be used to identify you with (“Personal Data”) by Ananda, such as but not limited to processing via the website located at https://www.allyouplay.com (hereinafter: “Website”). 
      
      
   3. Ananda may amend this Policy at any time. In case the Policy is amended, the amended Policy will be made available to you through publication of the amended Policy on this Website https://www.allyouplay.com/en/privacy-notice. Should you have any questions after reading this Policy, or would like to exercise the rights as entailed in this Policy, please contact Ananda via the above-stated details.
      
      
   4. This Policy consists of the following segments:
      • Introduction (1)
      • What personal data do we process? (2)
      • For which purposes do we process Personal Data? (3)
      • Who can receive Personal Data? (4)
      • How long do we retain Personal Data? (5)
      • How do we secure your Personal Data? (6)
      • What are your rights? (7)
      • What is furthermore important to know? (8)
        
2. What personal data do we process? 
   1. In the course of your visit to the Website and / or any orders placed through the Website, we may process Personal Data. Ananda is responsible for determining the purpose and the means of the processing of this Personal Data and is therefore considered Data Controller under the General Data Protection Regulation (“GDPR”).
      
      
   2. Ananda may process Personal Data in the following circumstances:
      1. You are a Website visitor, for example when you solicit information about Ananda, the Website and/or products/services available through the Website;
      2. You place an order through the Website;
         
         Personal Data that is processed automatically
         
   3. When you visit our Website, and regardless of whether you place an order, we may automatically collect Personal Data about you or your device. We do not have the intention of identifying you with any such data, but it is possible to directly or indirectly identify you on the basis of such data. For this reason, this Policy informs you about our use of this data in a transparent way. Automatically collected Personal Data may include:
      1. Your IP Address
      2. Your (mobile) device-ID
      3. Information on your settings, such as screen ratio, screen resolution, language settings, browser information (user agent) and/or operating system
      4. RetailCustomerID
      5. Any pages you have visited on the Website
      6. Your Website preferences
      7. Your location (including country code) and time zone.
         
         
   4. We process the above data through cookies and similar techniques. More information about the cookies we use can be found in our cookie statement: https://www.allyouplay.com/en/cookie-policy
      
      Personal Data that is provided by you
      
   5. For the mere accessing of the website, it is not required to provide us with Personal Data. It is furthermore not required to set up an account.
      
      
   6. When you place an order with us, create an account or have a question for us, we may process additional Personal Data about you. This includes the following Personal Data:
      1. Your first name and family name
      2. Your contact details
      3. Your address
      4. Your email address
      5. Your (mobile) phone number
      6. Your username/password
      7. Your IP address
      8. Your date of birth
      9. Any other contact details
         
         
   7. If you choose to voluntarily provide us with Personal Data, other than the above, we advise you to limit this disclosure to the absolute minimum and not to provide us with any sensitive or special personal data, such as data revealing your race or ethnic origin, political views, religious or philosophical beliefs, membership of a union, or any genetic data, biometric data processed for the unique identification of a person, data on health, or data relating to a person's sexual behavior or sexual orientation.
      
      Personal data processed by our partners
   8. Third parties may possibly process personal data related to you through our websites to provide us with certain products and services. Personal data processed by partners relates to:
      
      
      • Payment details: Our payment and risk analysis partners can process Personal Data for the payment of your order. Ananda has no access to or involvement in (the processing of) such data. Our payment partners can, therefore, be regarded as an independent controller within the meaning of the GDPR. For more information about how our payment partners handle your data, we refer you to the websites of these partners:
        

        - Checkout.com - Privacy Policy
        - emailage - Privacy Policy
        - Giropay - Privacy Policy 
        - iDEAL - Privacy Policy
        - Multibanco – Privacy Policy
        - P24 - Privacy Policy
        - PayPal - Privacy Policy
        - Wirecard - Privacy Policy

      • Ad-partners: Our advertisement partners may process Personal Data on your visit to the Website and your interests in order to provide you with tailored advertisements for our Website. More information on the processing of such Personal Data including how you can revoke your consent for such processing can be found in the cookie statement:
        - CJ - Privacy Policy
        - Daisycon - Privacy Policy
        - Facebook - Privacy Policy
        - Google - Privacy Policy
        - Reddit - Privacy Policy
        - Omnisend - Privacy Policy
        
      • Intermediaries / aggregators: We can use intermediaries / aggregators in order to fulfill your order with the publisher of the product you intend to purchase. Such intermediaries / aggregators may process Personal Data on your purchases in order to verify eligibility for a specific purchase, adjust currency and for VAT requirements. Though any such information will be processed in aggregated / anonymized form as much as possible, intermediaries / aggregators and publishers may process your username, email address, retailcustomerID, name country code, currency code and IP address. Intermediaries / aggregators are data processors within the meaning of the GDPR and have entered into a data processing agreement with us in order to ensure the secure processing of your data.
        
        
      • Publishers: We may transfer your personal data to the publisher of the title / product you purchase, either directly or through an intermediary / aggregator. Such data may include the data mentioned above in section 2.8.3. and will only be processed where this is necessary in order to fulfill your order. Where any of this data is processed by a publisher, such publishers are independent controllers within the meaning of the GDPR. For more information about how publishers handle your data, we refer you to the websites of these publishers:

        - Blackhawk Network - Privacy Policy
        - epay Worldwide - Privacy Policy
        - ExertisZtorm - Privacy Policy
        - Genba - Privacy Policy
        - Incomm - Privacy Policy
        - Microsoft – Privacy Policy
        - Nexway - Privacy Policy
        - Nintendo - Privacy Policy

        Data on minors
   9. The use of the Website is not permitted for children under the age of 18. Children under 18 must not place orders or create an account. Ananda, therefore, does not consciously process data from minors. If, as a parent or legal representative, you suspect that Ananda is processing data from your child or a minor entrusted to your care, please contact us using the contact details mentioned above. 
3. For what purposes do we process Personal Data?
   1. Our primary purposes for which we process your Personal Data are to offer you the best possible services, to optimize our Website and services and to ensure their continuity. More specifically, your Personal Data can be used for the following purposes:
      1. To fulfill your order: this seems obvious, but we may need certain Personal Information about you to process and fulfill your order.
      2. To personalize the Website: you have the option of adapting the Website experience to your needs, for example by changing the language of the Website. To remember your changes, we may process Personal Data about you, such as a unique ID and your IP address. If you have created an account, your preferences may be linked to your account.
      3. To improve our Website: we are constantly working to improve our Website and your user experience and add new functionality. Processing analytical data (in an aggregated form) is essential for this.
      4. To secure our Website: in order to offer you the best possible user experience, it is necessary to keep malicious third parties (e.g. hackers) out. We therefore constantly monitor our services and the use of our services. When we identify a potential threat, we can take immediate action to prevent disruption or unauthorized use of our services.
      5. To communicate with you: when you contact us, we process your contact information such as your name and e-mail address and any other Personal Data that you provide to us.
      6. For marketing purposes: your Personal Data can be used to provide you with newsletters and offers for our products and services.
      7. To comply with a legal obligation: we may be required by law or by a court order to process and / or transfer certain Personal Data.
   2. Ananda has several legal basis for the processing of your Personal Data. The applicable ones are listed below:
      1. To enable Ananda to enter into an agreement with you, after which Ananda will execute this agreement, such as but not limited to the agreement for the delivery of Ananda products and/or services;
      2. To enable Ananda to meet its statutory obligations;
      3. To enable Ananda to perform direct marketing activities, such as but not limited to informing you about our products, and to assess the effectiveness thereof;
      4. The processing is necessary for the purposes of the legitimate interests pursued by Ananda, including the interest to perform its business activities, except where such interests are overridden by the interests of fundamental rights and freedoms of the data subjects that require protection of Personal Data; 
      5. Your consent to the processing of your Personal Data for the purposes set out above;
   3. Providing the requested Personal Data under Article 2.6 is a necessary condition for placing an order or creating an account. If this information is not provided, Ananda may not be able to meet its obligations. Providing other Personal Data is not mandatory.
4. Who can receive Personal Data?
   1. Ananda passes on Personal Data to third parties, so-called "recipients", if this is necessary for the purposes stated in this Policy. The (categories of) recipients of the Personal Data are:
      1. Our suppliers, such as but not limited to the party that provides the hosting of our data and other external IT suppliers;
      2. Other companies affiliated with Ananda, if this is necessary for compliance, internal reports, audit and/or security purposes or the execution of an agreement with you;
      3. Our accountant, legal advisers and other professional service providers engaged by Ananda;
      4. Our analytical service providers for the purpose of assessing the effectiveness of our Website;
      5. Governmental bodies, if we are under an obligation to provide your Personal Data to a regulator (such as the Dutch Data Protection Authority) or other governmental bodies;
      6. Fraud prevention companies, we may engage third parties to investigate fraudulent actions and ensure that our property and/or rights are protected;
      7. If Personal Data must be transferred to third parties because Ananda is purchased or merged, or part of the assets is sold, or in the event of a corporate reorganization;
   2. Where Ananda forwards your data to recipients who only process this data on behalf of Ananda and not for their own purposes, it has entered into written agreements with these receivers (so-called processors within the meaning of the GDPR) about the processing of your data.
   3. Ananda in principle does not transfer Personal Data outside of the European Union or international organizations unless one of the following situations applies:
   4. Ananda transfers Personal Data to other businesses, including the shareholders of these other businesses, that belong to the group of which Ananda is part or have the same controlling shareholders. It may be that these businesses are located outside of the European Union. Ananda and these companies have taken appropriate safeguards in order to guarantee proper handling of your Personal Data.
   5. Should Ananda in any other way transfer Personal Data outside of the European Union or to international organizations, Ananda shall determine whether an adequacy decision as stated in the relevant legislation applies and, where such is not the case, the transfer shall only be conducted where adequate safeguards apply. In such a case, a copy of the concerned documents is available at Ananda. 
5. How long do we retain your Personal Data?
   1. We keep your Personal Data for as long as necessary to achieve the aforementioned purposes. We can then retain your Personal Data if this is required or necessary to comply with applicable legislation or to comply with legal, reporting or audit requirements. Where possible, we anonymize or pseudo-anonymize your Personal Data or we only keep it in aggregated form.
6. How do we secure your Personal Data?
   1. Ananda highly values the security of your Personal Data. Therefore, Ananda will apply technical and organizational measures to protect your Personal Data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access. To keep your Personal Data safe, the following measures are implemented:
      1. Transfers of data via the Website are encrypted; 
      2. Servers on which your Personal Data is stored are protected with passwords and appropriate security measures; 
      3. Search engines are blocked from indexing the Personal Data; 
      4. Server access is limited to individuals with a need-to-know;
      5. Servers are up to date
      6. Personal data are stored in a hashed form;
7. Your rights
   1. The GDPR guarantees you as a data subject certain rights: 
      1. Objection: Depending on the situation, you have the right to consent or object to the processing of your Personal Data and the conditions under which this processing takes place.  
      2. Access: You have the right to request from us, without constraint, at reasonable intervals and without excessive delay or expense, i) a confirmation as to whether or not Personal Data regarding you is being processed, ii) information on the purposes for which Personal Data is processed, iii) the categories of Personal Data concerned, and iv) the recipients or categories of recipients to whom the Personal Data is disclosed. You have the right to receive, in an intelligible form, a communication of the Personal Data being processed and of any available information as to the source(s). Furthermore, you have the right to knowledge of the underlying logic of the automated processing of Personal Data relating to you.
      3. Rectification, erasure, blocking or deletion: You, where appropriate, have the right to rectification, erasure, blocking or deletion of your Personal Data that is not processed in compliance with data protection laws and regulations, in particular when the nature of the data is incomplete or inaccurate. 
      4. Notification: You have the right to a notification to third parties to whom your Personal Data has been disclosed, when you have been granted any rectification, erasure, blocking or deletion as stated above, unless such notification proves to be impossible or requires a disproportionate effort from us.
      5. Withdraw consent: where we are processing personal data relating to you on the basis of your prior consent to that processing, you may withdraw your consent at any time.
      6. Complaint with relevant authority: You have the right to file a complaint with the relevant data protection authorities, e.g. the Autoriteit Persoonsgegevens in the Netherlands.  
8. What is furthermore important to know?
   1. This Policy is effective until terminated by Ananda. If you no longer agree to be bound by this Policy, you must cease your use of our Website. 
   2. This Policy is primarily available in English. Any Translations to other languages may be provided for the sake of convenience, but the English original shall always be leading with respect to the interpretation of this Policy and any terms or agreements governed by it.
   3. This Policy is governed by the laws of the Netherlands, without application of its conflict of laws rules. We will first attempt to settle any dispute that arises amicably. Should we not be able to reach an amicable solution, any disputes arising between Ananda and the User in connection to the Website, the Services or the Terms will exclusively be resolved by the competent court in Amsterdam, the Netherlands.
   4. If you are using our Website for personal use only (i.e. you are a consumer) and reside in a country which, by mandatory law, does not allow for the choice of law, jurisdiction or venue described above, the laws of your country of residence will apply and disputes may be submitted to your local jurisdiction and venue.
   5. Should you have any questions after reading this Policy, or would want to exercise any right as stated in this Policy, please do not hesitate to contact us with the details provided to you in this Policy or e-mail us at dataprotection·@·allyouplay.com.