Flaregames Terms of Service

Effective Date: January 13th, 2014
The terms of this agreement (“Terms of Service”) govern the relationship between you and Flaregames and its affiliates (hereinafter “Flaregames” or “Us” or “We”) regarding your use of Flaregames’ games, websites and related services (the “Service”). Use of the Service is also governed by Flaregames’ Privacy Policy, which is incorporated herein by reference.

Before accessing or using the Service, including browsing any Flaregames website or accessing a game, you must agree to these Terms of Service and the Privacy Policy . You may also be required to register an account on the Service (an “Account”). Please note that you need to be 16 or older to register for an Account or otherwise use the Service. If you are under 18 years old, please have your legal guardian review and agree to these Terms. If you access the Service from a Social Networking Site (“SNS”), such as Facebook or Google+, you shall comply with its terms of service/use as well as these Terms of Service. If you access the Service from a Social Networking Site (“SNS”), such as Facebook or Google+, you shall comply with its terms of service/use as well as these Terms of Service.

BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.

Flaregames reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service and its Privacy Policy at any time by posting the amended terms on the Flaregames Service. You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree to any portion of the then-current version of our Terms of Service, the Flaregames Privacy Policy, or any other Flaregames policy, rules or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate, and you must immediately stop using the Service.

1. LICENSE

1.1. Grant of a Limited License to Use the Service
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Flaregames policies, Flaregames grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.

The following restrictions apply to the use of the Service:

You shall not create an Account or access the Service if you are under the age of 16; You shall restrict use by minors, and you will deny access to children under the age of 16. You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument (e.g. paypal) by minors.
You shall not have more than one Account at any given time, sell or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself; You shall not use the Service if you have previously been removed by Flaregames, or previously been banned from playing any Flaregames game;.
You shall use your Account only for non-commercial purposes; You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive messages to anyone;
Username and Password
During the Account creation process, you may be required to select a password (“Login Information”). You shall not share the Account or the Login Information, nor let anyone else access your account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Flaregames and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.

Flaregames reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.

License Limitations
Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.

You agree that you will not, under any circumstances:

Engage in any act that Flaregames deems to be in conflict with the spirit or intent of the Service or make improper use of Flaregames’ support services.
Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any Flaregames Game or any Flaregames game experience or without Flaregames’ express written consent, modify or cause to be modified any files that are a part of the Service or any Flaregames game.
Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server (“Server”) used to offer or support the Service or any Flaregames game environment.
Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service.
Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by Flaregames, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.
Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive.
Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Flaregames employees, including Flaregames’ customer service representatives.
Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Flaregames employee.
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any Flaregames game, or to obtain any information from the Service or any Flaregames game using any method not expressly permitted by Flaregames.
Solicit or attempt to solicit personal information from other users of the Service or any Flaregames game or collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
Flaregames reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. Flaregames reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service.

1.2. Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, FLAREGAMES MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO FLAREGAMES SERVICES OR PORTIONS THEREOF IF YOU ARE, OR FLAREGAMES SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND FLAREGAMES IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

FLAREGAMES RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.

Flaregames reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, Flaregames shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.

You may terminate your Account at any time and for any reason by following the contacting our support page informing Flaregames that you wish to terminate your Account.

2. OWNERSHIP

2.1. Games and Service
All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Flaregames game client, and the Flaregames game clients and server software) are owned by Flaregames. Flaregames reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.

2.2. Accounts
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF FLAREGAMES.

2.3. Virtual Items
Flaregames owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in Flaregames games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual goods or currency appearing or originating in any Flaregames game, whether earned in a game or purchased from Flaregames, or any other attributes associated with an Account or stored on the Service.

2.4. User Content
“User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a Flaregames game client or the Service, or that other users upload or transmit, including without limitation any chat text. By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by Flaregames in accordance with its Privacy Policy. Flaregames reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time.

3. USER CONTENT
3.1. Content Screening
Flaregames assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service.

By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.

If at any time Flaregames chooses, in its sole discretion, to monitor the Service, Flaregames nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.

3.2. Information Use by Other Members of the Service
3.2.1. Public Discourse
The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. Flaregames cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. Flaregames shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.

3.2.2. Responsible For Your Own Content
You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. Flaregames may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Flaregames violates these Terms of Service.

3.3. License
You hereby grant to Flaregames an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to Flaregames the right to authorize others to exercise any of the rights granted to Flaregames under these Terms of Service. You further hereby grant to Flaregames the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in
connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. Flaregames does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. Flaregames has no obligation to monitor or enforce your intellectual property rights in or to your User Content.

3.4. User Interactions
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or Flaregames games. Flaregames reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Flaregames to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Flaregames access to any password-protected portions of your Account.

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.”

4. FEES AND PURCHASE TERMS
4.1. Purchases
In the Service you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “virtual currency”, including but not limited to virtual cash or gems, all for use in Flaregames games; (b) “virtual in-game items” (together with “virtual currency”, “Virtual Items”); and (c) other goods or services (“Merchandise”). You may also obtain a license to use Virtual Items by redeeming third party virtual currency such as Facebook Credits.

Flaregames may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. Flaregames shall have no liability to you or any third party in the event that Flaregames exercises any such rights.

The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity, including but not limited to Flaregames, another user or any third party.

ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.

The provision of Virtual Items for use in Flaregames games is a service provided by Flaregames that commences immediately upon acceptance by Flaregames of your purchase. You cannot cancel your order for the supply of Virtual Items or Merchandise if the delivery has started upon your request and acknowledgement that you thereby lose your cancellation right. All sales of Virtual Items and Merchandise are final and may not be cancelled or refunded.

4.2. Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Flaregames may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT FLAREGAMES IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

5. UPDATES TO THE SERVICE
You understand that the Service is an evolving one. Flaregames may require that you accept updates to the Service and to Flaregames’ games you have installed on your electronic device. You acknowledge and agree that Flaregames may update the Service and Flaregames games, with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play Flaregames’ Games.

6. DISCLAIMER OF WARRANTIES
WITHOUT LIMITING FLAREGAMES’ LIABILITY UNDER SECTION 7 BELOW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. FLAREGAMES DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

7. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY; INDEMNIFICATION
FLAREGAMES SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER
LEGAL THEORY, AND WHETHER OR NOT FLAREGAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FLAREGAMES SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO FLAREGAMES IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO FLAREGAMES DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND FLAREGAMES’ EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH FLAREGAMES IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that Flaregames may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of Flaregames’ liability shall be the minimum permitted under such applicable law. IN PARTICULAR, NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF FLAREGAMES.

You agree to indemnify, defend and hold Flaregames harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.

8. DISPUTE RESOLUTION AND LAW
If a dispute arises between you and Flaregames, we strongly encourage you to first contact us directly to seek a resolution by going to our customer support site at http://support.flaregames.com . If you are a resident of the United States, these Terms of Service and any dispute arising out of or related to it or Privacy Policy or the Service shall be governed in all respects by German law, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Flaregames must be resolved exclusively by a court located in Karlsruhe, Germany.

9. SEVERABILITY
You and Flaregames agree that if any portion of these Terms of Service or of the Flaregames Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.

10. GENERAL PROVISIONS
10.1. Assignment
Flaregames may assign or delegate these Terms of Service and/or the Flaregames Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Flaregames’ prior written consent, and any unauthorized assignment and delegation by you is ineffective.

10.2. Supplemental Policies
Flaregames may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.

10.3. Entire Agreement
These Terms of Service, any Supplemental Policies and any documents expressly incorporated by reference herein (including the Flaregames Privacy Policy), contain the entire understanding of you and Flaregames, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.

10.4. No Waiver
The failure of Flaregames to require or enforce strict performance by you of any provision of these Terms of Service or the Flaregames Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Flaregames’ right to assert or rely upon any such provision or right in that or any other instance.

The express waiver by Flaregames of any provision, condition, or requirement of these Terms of Service or the Flaregames Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Flaregames shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of Flaregames.

10.5. Notices
We may notify you via postings on www.Flaregames.com, and via e-mail or any other communications means to contact information you provide to us. All notices given by you or required from you under these Terms of Service or the Flaregames Privacy Policy shall be in writing and addressed to: Flaregames GmbH Attn: Legal, Erbprinzenstr. 27, 76133 Karlsruhe, Germany. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.

10.6. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to Flaregames are of a unique and irreplaceable nature, the loss of which shall irreparably harm Flaregames and which cannot be replaced by monetary damages alone so that Flaregames shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Flaregames game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 7 (if any).

10.7. Force Majeure
Flaregames shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Flaregames, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Flaregames’ control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

DATA PROTECTION STATEMENT

flaregames GmbH (“flaregames”/“we”) is committed to protecting the privacy of its users (“users”/“you”) with regard to the processing of personal data. flaregames observes the applicable data protection requirements.

We have compiled this document to inform our users about the handling of their data. If you have any questions concerning the use of your personal data by flaregames, or if you would like to revoke a previously granted declaration of consent, please get in touch with us and tell us about the game you play, your platform and the server you use.

This Data Protection Statement applies to all services offered on the websites operated by flaregames, in particular flaregames.com, (“website”) and mobile applications, as well as the games offered for download via portals such as the Apple App Store and Google Play Store etc. (“games apps” or “apps”)

We offer our apps only to persons who are 16 years or older. This means that we do not process any data of persons who are younger than 16 years of age.

1. Name and address of the data controller (the person in control of your data)

The data controller for the purposes of the General Data Protection Regulation and other national data protection laws of the Member States, as well as any other data protection-related regulation is:

Flaregames GmbH
Erbprinzenstrasse 27
76133 Karlsruhe, Germany
Email: Privacy@flaregames.com
Website: www.flaregames.com

2. Name and address of the Data Protection Officer

The data controller has appointed the following Data Protection Officer:

Attorney, Information Technology Law Specialist
Dr Christian Rauda, GRAEF Rechtsanwälte Digital PartG mbB, Jungfrauenthal 8

Email: dpo@flaregames.com
Website: www.graef.eu

3. General information on data processing

3.1 Legal basis for the processing of personal data
Article 6 para. 1 lit. a of the EU General Data Protection Regulation (GDPR) serves as the legal basis for the processing of personal data that was obtained with the consent of the data subject.

Article 6 para. 1 lit. b GDPR serves as the legal basis for the processing of personal data that is required for the performance of a contract to which the data subject is a party. This also applies to data processing operations that are necessary for the performance of pre-contractual measures.

In as far as the processing of personal data is required for compliance with a legal obligation incumbent on our company, the legal basis for data processing is Article 6 para. 1 lit. c GDPR.

In the event the vital interests of the data subject or another person compel us to process personal data, Article 6 para. 1 lit. d GDPR serves as the legal basis for such data processing.

Article 6 para. 1 lit. f GDPR serves as the legal basis if the data processing is necessary to safeguard a legitimate interest of our company or a third party in a situation where the interests, fundamental rights and fundamental freedoms of the data subject do not prevail over the legitimate interest of our company or a third party.

3.2 Deletion of data, storage period
We will delete or block a data subject’s personal data as soon as the purpose of storing the data has been achieved. Personal data can be stored for longer periods if prescribed by a European or national legislator in EU regulations, laws or other regulations that govern the data controller. The data is also blocked or deleted at the end of a retention period prescribed by one of the above regulations, unless the data is required to be stored for a longer period for the purpose of performing or entering into a contract.

3.3 Data security
We always try our best to put reasonable arrangements in place to prevent unauthorised access to your personal data, use of your personal data or manipulation of your personal data and to minimise the risk of these incidents occurring. The provision of personal data is, irrespective of whether disclosed in person, over the phone or via the internet, inevitably associated with certain risks and no technological system is absolutely fail-safe from being manipulated or sabotaged.

We process all information collected from you in accordance with the German and European data protection laws. All our employees are bound by data secrecy and the data protection regulations and have been instructed accordingly. When making a payment, your data will be transmitted using SSL-encryption technology.

4. Collection and use of personal data via the website and apps

4.1 Our website can be used by all users without requiring registration. The following data is collected: internet protocol, IP address, URL of the referring website from which the file was requested, the date and time of access, browser type and operating system, the site visited by you, data volume transmitted, access status (file transfer, file not found etc.), duration and frequency of use. This data is also stored in the log files of our system. The data is not stored together with other personal data of the user.

4.2 Each access of a registered user on the website and each file access will cause the following use-specific access data to be transmitted to our server: internet protocol, shortened IP address, the respective device, advertising, user or ad ID, the URL of the referring website from which the file was requested or the ID of the social network if you used one to log on, date and time of access, territory from which the game app was downloaded, state in which the game app was accessed, browser type and operating system, the page visited by you, data volume transmitted, access status (file transfer, file not found etc.), duration and frequency of use, device type, language setting, date of downloading the game app, number of days since downloading the game app, name and number of game apps from flaregames for which the user is registered. flaregames also stores the game scores, levels achieved and other game-related data that we require to operate the game app for the user. We further store data for the purpose of placing advertising messages, specifically advertising messages that were delivered to the user. We collect the user’s advertising network ID and information on whether the user found the game app as a result of an advertising campaign.

4.3 To improve the gaming experience for our users, flaregames will collect information on the duration of use, the number of times the games app was launched, internet protocol, IP address, device type and operating system, data volume transferred, access status (file transfer, file not found etc), avatar name, download tag and game app version, as well as amounts/tokens you have invested in the game app's features. This data can be used to generate pseudonymised statistics that help flaregames to make the apps and games even better for you, fix bugs and improve our services. The data is not used for any other purpose specifically related to the data subject. This data will be deleted as soon as there is no further need for their storage, the user has requested the data to be deleted, or a law prohibits the (continued) storage of the data. Data can only be deleted if the deletion is not opposed by a statutory retention obligation.

As a general rule, flaregames will only collect and use the personal data specifically disclosed by the user, i.e. during his registration or login, for the user's enrolment in prize competitions or use of paid services. Personal data means data that contains information about personal or factual circumstances (e.g. name, address, date of birth, e-mail address).

The contractual use of the games apps requires the collection and processing of the user’s personal data by the stores flaregames has no control over this type of data collection and does not accept any liability or responsibility. Detailed information about the data collected by Google Play and Apple App Store, Windows Store and other stores may be obtained from the data protection statement of the respective store. flaregames processes this data to the extent it is provided by the stores and necessary for downloading the games app to the user's device, as well as for the operation of the games app. The data is not stored for any other purposes.

The user may be required to disclose additional data, such as his full name, address, etc., for purposes associated with the contractual use of the games app and the performance of the license agreement accepted by downloading the app, and in particular data associated with the use of paid services by the user (i.e. download of a paid app or in-game purchase). flaregames does not collect and process any payment data (bank account numbers, credit card data, etc.).

Google Play IDs and Game Center IDs can be saved to allow login from multiple devices.

Legal basis for data processing


The legal basis for the temporary storage of data and log files is Article 6, para. 1 lit. f GDPR.

4.9 Data processing purpose
The temporary storage of a user's IP address by the system is necessary to deliver the services to the user’s computer. This requires the IP address to remain stored for the duration of the session.

The storage in log files serves the purpose of warranting the faultless functioning of the services. The data also assists us in optimising the website and to warrant the security of our computer systems. The data is not analysed for any marketing purposes, it is analysed exclusively for statistical purposes.

We reserve the right to temporarily store IP addresses and log files for the purpose of monitoring compliance with the terms of use and rules of the games. This in particular serves the purpose of preventing potential misuse, investigate cases of misuse and to make individual case-specific data available to the investigating authorities for that purpose. In all other respects, the data will be anonymised to the greatest possible extent before carrying out any other analysis. The IP address and log files will be completely deleted at the end of the storage period, unless they are subject to statutory retention obligations or are a matter of interest in pending criminal proceedings or investigations into illegal use.

Our legitimate and prevailing interest in processing the data pursuant to Article 6 para. 1 lit. f GDPR is based on these purposes.

4.10 Period of storage
The data will be deleted as soon as it is no longer required for achieving the purpose of their collection. Where data is collected for the purpose of making the website available, this is the case when the respective session has ended.

Where data is stored in log files, this is the case after a maximum period of seven days. In certain other cases, your data may be stored for longer periods. If this is the case, the IP addresses of the users will be deleted or anonymised, with the result that the accessing client can no longer be identified.

4.11 Your right to object and contest a decision
Collecting the data for the purpose of making the website available and storing the data in log files is an essential requirement for the operation of the website. Users therefore cannot object against this type of data collection.

5. Login via a third-party platform

5.1 By logging into the games via a third-party user account, such as the Facebook account or Google+ account or other social networks, the user declares his consent to the access to and/or storage of

certain account and/or profile information held by such third-party provider or

certain information stored in cookies downloaded to your device by a third-party platform.


5.2 flaregames will share this information with the third-party provider for the purpose of being used by such third party provider in accordance with the third party provider’s terms of use and privacy settings.

5.3 The user may change his login settings at any time if he wishes to prevent such data from being exchanged with Facebook, Google or other social networks he has previously used to login into on our services.

6. Disclosure of the data to third parties; contract (data) processing

6.1 The user's personal data will be treated confidential and will generally only be disclosed to external service providers or contractors with the user’s express consent, or if disclosure is necessary to perform a contract, respond to inquiries or to provide customer support. flaregames cooperates with providers who collect and compile statistical data, as well as with IT service providers (i.e. computer centres, hosting, back-up and database services). The user’s legitimate interests are given consideration in accordance with the statutory requirements. The external service providers are under a statutory obligation to treat the data confidential and securely and are only permitted to use the data to the extent necessary to perform their duties. In as far as external service companies perform contract data processing, the statutory requirements pertaining to contract (data) processing are observed.

6.2 In all other respects, personal data is only disclosed if required for the protection of other users, for the prosecution of criminal offences, or as permitted under the statutory data protection regulations. We may in certain cases be compelled to disclose the data on the basis of statutory requirements (i.e. disclosure to investigating authorities). Disclosure is always limited to the extent necessary, legally permitted or prescribed.

6.3 A declaration of consent to the disclosure of data previously granted to us may be revoked at any time and without stating reasons.

7. Modification and deletion

flaregames can, at its own discretion or at the user's request, complete, correct or delete any personal data stored by flaregames in relation to the operation of this website or the games app that is incomplete, incorrect or outdated.

flaregames complies with the statutory requirements and deletes personal data immediately upon being requested to do so by the user, unless prevented from deleting the data by statutory retention obligations.


8. Use of cookies

8.1 flaregames uses so-called "cookies", which are text files stored on the user’s device. These cookies are technologies that allow for the collection of certain user-specific settings and technical information that can be used to identify the user. This information shows us when and how the website or the games app are used and serve the purpose of their continual improvement.

The use of cookies is customary and common practice on countless websites. Cookies are stored on the user's device.

A list of the cookies placed on your device by us can be found here.

8.2 We use cookies for the sole purpose of making our website more user-friendly. Some elements of our website and games apps require the user to identify himself. We also use cookies to analyse the user's navigation within our website. The personal data collected by the use of cookies will be pseudonymised by technical provisions. The data can then not be traced back to the accessing user. The data will not be stored together with other personal data of the user.

Flaregames uses cookies only to read information stored in the memory of the user's device, which has previously been saved on the device by a cookie from this website.

8.3 Users are informed about the use of cookies when launching the app. Users who would like cookies to be prevented from being stored on their devices, delete a cookie or be alerted of a cookie being placed can adjust the settings of their browser or mobile device accordingly. A step-by-step guide is available in the browser’s help information. We expressly note that you may in this case not be able to use the full scope of functions offered by the website or games app.

8.4 Legal basis for data processing

The legal basis for the processing of personal data using cookies is Article 6, para.1 lit. f GDPR.

Purpose of data processing


The purpose of using strictly necessary cookies is to improve user-friendliness. Some functions of our software are not available without the use of cookies. The user data collected by strictly necessary cookies will not be used to generate user profiles. The use of analysis cookies serves the purpose of improving the quality of our website and its contents. Analysis cookies give us insights on how our website is used and allow us to continually improve our service. Our legitimate interest in the processing of personal data pursuant to Article 6, para.1 lit. f GDPR is based on these purposes. We further have a legitimate interest to serve advertising messages within our games apps. This requires our advertising partners to be able to use cookies.

Storage period, your right to object and contest a decision


Cookies are stored on the user's device, which transmits them to us. This means that our users are in full control of the cookies on their devices. You can disable or restrict the transmission of cookies by modifying the settings of your internet browser or mobile device. Previously stored cookies can be deleted at any time. The deletion can also be set to automatic. If cookies are disabled, you may possibly not be able to use the full scope of functions offered by our website or the games app.

9. Links to other websites

Our website may from time to time contain interactive references (so-called links), for which flaregames does not accept any responsibility. flaregames has no control over the content and design of the linked external websites or internet services the user may access via our webpages. The respective operators of these internet services are exclusively responsible for their design, content and compliance with data protection requirements.

10. Push notifications

10.1 Description and scope of data processing

You can set the configurations of your device to permit us to send you push notifications for updates to games apps and other relevant information. You can manage your push settings in the “options” or “settings” menu of your mobile app, or in the settings of your device.

10.2 Legal basis for data processing

The legal basis for the processing of the data for the purposes of a contract is Article 6 para. 1 lit. b GDPR.

10.3 Period of storage

The data will be stored until you delete them.

10.4 Your right to object and contest a decision

For Apple mobile devices: Open the settings on your mobile device (e.g. iPhone or iPad), and select the menu item "Privacy". You can switch off ad tracking under the menu item "advertising".

For devices with Android operating systems: Open the settings in your app-list and tap the "Ad” button. Once the ad window has opened, you can disable the Google Advertising ID.

11. Protection of your data

We always try our best to put reasonable arrangements in place that are aimed at preventing unauthorised access to your personal data, use of your data or manipulation of your data and at minimising the risk of these incidents occurring. All our employees have been instructed with regard to their legal obligations to comply with data protection regulation and to maintain data secrecy. Our SSL transmission is certified by different official certificate authorities.

The provision of personal data, irrespective of whether disclosed in person, over the phone or via the internet, carries certain inevitable risks. No technological system is absolutely fail-safe from being manipulated or sabotaged. We would like to point out that there is always a residual risk of a transmission of data over the internet (i.e. communicating by email) being compromised. A fail-safe, guaranteed protection of the data against access by third parties is not possible.

12. Rights of the data subject (the person whose data is collected)

The processing of your personal data makes you a data subject for the purposes of the GDPR. As a data subject, you may assert the following rights against the data controller:

12.1 Right to information
You can request the data controller confirm whether we are processing any personal data relating to you.

If this is the case, you may request the data controller to provide you with the following information:

the purposes for which your personal data is being processed;

the categories of personal data being processed;

the recipients or categories of recipients to whom your personal data has been or will be disclosed;

the planned duration of the storage of your personal data or, if no specific information is available, the criteria for determining the duration of storage;

the existence of a right to correction or deletion of your personal data, or a right to restrict the processing by the data controller, or a right to object against the processing of the data;

the existence of a right to lodge a complaint with a supervisory authority;

in the case the personal data is not collected from the data subject personally, all available information about the source of the data;

the existence of an automated decision-making procedure including profiling pursuant to Article 22 paras. 1 and 4 GDPR and - at least where this is the case - meaningful information about the logical reasoning involved, as well as the magnitude and intended implications of such data processing for the data subject.


You have the right to request information on whether your personal data is transmitted to a third country or an international organization. You may in this respect demand to be informed about the adequate safeguards taken in relation to the transmission pursuant to Article 46 GDPR.

12.2 Right to correction

You have the right to demand the data controller to correct and/or complete any of your personal data that is incorrect or incomplete. The data controller must correct or complete the data without undue delay.

12.3 Right to restrict the processing of data

You can demand the processing of your personal data to be restricted under the following conditions:

if you contest the accuracy of your personal data and allow the data controller adequate time to verify the accuracy of your personal data;

If the data processing is unlawful and you decline the deletion of your personal data and rather demand the use of your personal data to be restricted;

the data controller no longer requires your personal data for the data processing purposes, but you require them for the purpose of asserting, exercising or defending your legal interests, or

if you have objected against the processing of your personal data in accordance with Article 21 para. 1 GDPR and a decision on whether the data controller’s legitimate interests prevail over your interests has not been made.


Where the processing of your personal data has been restricted, such data may - except for their storage - only be processed with your consent or for the purpose of asserting, exercising or defending legal interests, or to protect the legal interests of another person or legal entity, or for reasons of a substantial public interest of the European Union or a Member State.

If the data processing was restricted on the basis of the conditions stipulated above, you will be notified by the data controller prior to lifting the restriction.

12.4 Right to the deletion of your data

You may at any time delete your account.

12.4.1 Mandatory deletion

You may instruct the data controller to promptly delete your personal data. The data controller is legally required to delete such data without undue delay, provided one of the following reasons apply:

Your personal data is no longer required for the purposes they were collected or previously processed.

You revoke your declaration of consent on which the data processing was based pursuant to Article 6 para. 1 lit. a or Article 9 para. 2 lit. a GDPR, and there is no other legal basis that would legitimate the data processing.

You object against the data processing pursuant to Article 21 para. 1 GDPR and there are no prevailing legitimate reasons for the data processing, or you lodge an objection against the data processing pursuant to Article 21 para. 2 GDPR.

The processing of your data was unlawful.

The deletion of your personal data is necessary to perform a legal obligation under EU law or the law of a Member State governing the data controller.

Your personal data was collected in relation to services offered by the information society pursuant to Article 8 para. 1 GDPR.


12.4.2 Notification of third parties
Where the data controller has made your personal data publicly accessible and is required to delete your data under Article 17 para. 1 GDPR, the data controller will, in consideration of the available technology and cost of implementation, take adequate measures, including technical measures, to inform any other data controllers who process such personal data about the circumstance that you as the data subject have requested them to delete all links to said personal data, copies or reproductions of such personal data.

12.4.3 Exemptions
You are not entitled to the deletion of your data to the extent the data processing is required

for the purpose of exercising the right to freedom of expression and right to information;

for the purpose of performing a legal obligation imposed on the data processing under EU law or the law of a Member States governing the data controller, or to discharge of a function in the public interest or in the exercise of public authority conferred upon the data controller;

For reasons of public interest concerning public health pursuant to Art. 9 Section 2 lit. h and i, as well as Article 9 para. 3 GDPR;

For archiving, scientific or historical research purposes in the public interest, or for statistical purposes pursuant to Article 89 para. 1 GDPR, to the extent the right provided for at section a) is expected to render the achievement of the purposes of this data processing infeasible or to significantly impede them, or

for the purpose of asserting, exercising or defending legal interests.


13 Right to onward notification

Where you have asserted your right to the correction, deletion or restriction of the data processing against the data controller, the data controller is required to notify all recipients your personal data was disclosed to about said correction or deletion of the data, or restrictions imposed on their processing, unless such notification is infeasible or would entail unreasonable effort or expense.

You are entitled to be informed about these recipients by the data controller.

14 Right to data portability

You have the right to receive the personal data disclosed by you to the data controller in a structured, popular and machine-readable format. You further have the right to transfer such data to another data controller without interference by the data controller said personal data was initially made available to, provided

the data processing is based on a declaration of consent pursuant to Article 6 para. 1 lit. a or Article 9 para. 2 lit. a GDPR, or on a contract pursuant to Article 6 para. 1 lit. b GDPR, and

the data processing is conducted by way of automated processes.


When you exercise this right, you are further entitled to your personal data being transferred directly from one data controller to another data controller, subject to technical feasibility. This must not curtail the freedoms and rights of third parties.

The right to data portability does not apply to the processing of personal data that is required for the performance of a function in the public interest or in the exercise of public authority conferred upon the data controller.

15 Right to object

You have the right to lodge an objection against the processing of your personal data conducted on the basis of Article 6 para. 1 lit. e or f GDPR at any time for reasons that are attributable to your personal circumstances. This also applies to profiling based on the same provisions.

The data controller will then cease processing your personal data, unless he can demonstrate compelling legitimate interests for the data processing that prevail over your interests, rights and freedoms, or unless the data processing serves the purpose of asserting, exercising or defending legal interests.

Where your personal data is processed for direct advertising purposes, you have the right to lodge an objection against the processing of your personal data for such advertising purposes at any time; this also applies to profiling associated with such direct advertising.

If you lodge an objection against data processing for direct advertising purposes, your personal data will no longer be processed for these purposes.

When using services of the information society, you have the option to exercise your right to object via automated processes that use technical specifications, irrespective of the Directive 2002/58/EC.

16 Right to revoke data protection-related declarations of consent

You have the right to revoke a previously granted declaration of consent at any time. A revocation of consent is without prejudice to the lawfulness of the data processing conducted prior to your revocation.

17 Automated individual decision-making

You have the right not to be subjected to a decision based solely on automated processing, including profiling, which would produce legal effects concerning you or would significantly affect you in a similar way. This does not apply if the decision

is required for the conclusion or performance of a contract between you and the data controller,

is authorised by a EU or Member State law governing the data controller and such law provides for adequate safeguards for your rights, freedoms and legitimate interests, or

is based on your explicit consent.


These decisions may however not be made on the basis of personal data of special categories pursuant to Article 9 para. 1 GDPR, unless Article 9 para. 2 lit. a or g applies and adequate safeguards for your rights, freedoms and legitimate interests have been put in place.

In the cases referred to at (1) and (3), the data controller takes adequate measures to safeguard your rights, freedoms and legitimate interests, which at the minimum includes the right to obtain intervention of a person on the part of the data controller, the right to express your own opinion and the right to contest the decision.

18 Right to lodge a complaint with a supervisory authority

Without prejudice to any other administrative or judicial remedy that may be available to you, you have the right to lodge a complaint with a supervisory authority, in particular an authority in the Member State of your residence, your place of work or the place of the alleged infringement if you have reason to believe that your personal data is processed in violation of the GDPR.

The supervisory authority where the complaint was lodged will inform the complainant about the progress and results of the complaint, as well as the option to seek relief from a court of law pursuant to Article 78 GDPR.





Privacy Policy for the Career Site of flaregames or for a job application

This Privacy Policy sets out how flaregames uses data from candidates that apply for or that flaregames considers for a position at flaregames GmbH (“flaregames”). Candidates may either register as user with a user account at the flaregames career site (“User Account”) or apply for a particular job by using this site or otherwise interacting with flaregames human resources department verbally or in writing (“Application”).

We may modify this Privacy Policy with future effect. For official notifications of material changes, we will place a notice letting you know when they will take effect. Your continued use of your User Account will indicate your acceptance of such changes. flaregames will not enforce material changes without your explicit consent.

What personal data do we collect?


Personal data are information which contain details of your personal or material circumstances, such as your name, address, e-mail address and date of birth. We collect your personal data as follows:

Personal data which you submit on registration for a User Account or when applying for a particular position at flaregames, such as your name, e-mail address, date of birth, telephone number, IP address, device ID, curriculum vitae, photograph, references and certificates or other information from which your identity is discernible.

Information we collect from third party public sources, such as LinkedIn or Xing or other career networking services.



Registration with a User Account


2.1 By registering with a User Account at flaregames and by releasing your profile, you explicitly confirm that you are interested in an employment at flaregames. You therefore voluntarily provide your personal data to be used for recruiting purposes, in particular for filing and matching your profile with any and all open positions at flaregames, including beyond those for which you specifically applied.

2.2 If there is a job opportunity at flaregames which matches your profile, flaregames may forward your data to the responsible flaregames managers in order to contact you for interviews. The personal data will be processed in the form of databases and will be collected in secured personal files.

2.3 You may view and update your account and/or request correction/amendment or deletion of your personal data at any time. Please either use the online possibilities to update your profile by accessing your User Account or alternatively refer to the following contact e-mail with your request: jobs@flaregames.com

2.4 Please use only private e-mail addresses for requests and communication. flaregames will only send information to your private address.

Application for a particular job opportunity without a User Account


3.1 You also have the possibility to apply solely for one defined job opportunity without getting up a User Account.

3.2 By applying for a specific job opportunity, you explicitly confirm that you are interested in an employment at flaregames for this particular position. You therefore voluntarily provide your personal data to be used for recruiting purposes, in particular for filing and matching your profile with the position at flaregames for which you specifically applied. You are responsible for ensuring that the personal data provided by you is correct and true.

3.3 You have the option of withdrawing your application at any time.

3.4 Please use only private addresses for requests. flaregames will only send information to your private address.

How do we use your data?


flaregames will use your personal data

to manage your relationship with us and process your job application(s),

to contact you (including by e-mail) about suitable job opportunities as they arise, if and in so far you have registered with a User Account.

to assess your eligibility for the particular position you have applied for or, if and in so far you have registered with a User Account, for available positions at flaregames.

to invite you to flaregames recruitment events (including by e-mail).



Does flaregames share your data?


5.1 We use reasonable safeguards to limit access to your personal data to those employees at flaregames seeking/considering a candidate for a position.

5.2 As part of the application process and for successful candidates during your employment, we may share your data as follows:

- With third parties that work with flaregames to organize and manage data on our behalf (“Service Providers”). In these circumstances your personal data will not be used by Service Providers for any other purpose and Service Providers will use reasonable security precautions.

- In circumstances where we are legally required to do so.

- In the event of a reorganization, divestiture, merger or sale, we may transfer all personal data we collect to the relevant third party and will obtain your consent to do so if required by law.

Where will your personal data be stored and for how long?



Personal data we collect may be stored and processed for the purposes set out in this Privacy Policy in Germany where the company is situated.

Security is a priority at flaregames and we take a range of measures to help protect personal data including encryption and access control. Even so, no security measure is 100% perfect. This means we cannot guarantee the security of your personal data and do not assume any responsibility for the unauthorized use or access to your personal data under our control.

flaregames retains your personal data for as long as your User Account remains active; if you do not log into your profile within a period of two years, flaregames may send you an e-mail to ask you to update your profile. If you do not log into your profile by the given deadline, your profile including your personal data will be deleted.

If you have applied for a particular job opportunity without registration of a User Account, your data will be deleted in accordance with the applicable laws once the application process ends or if you withdraw your application.

On deletion of your personal data we may retain limited personal information to ensure that we do not contact you again in the future and where there is a legal requirement to do so.



Google Analytics


flaregames uses Google Analytics, a web analysis service of Google, Inc. (hereinafter "Google"). Google Analytics uses so-called "cookies," i. e. text files that are installed in your terminal device and allow an analysis of your use of the Website. Generally, information generated by cookies about your use of this Website will be transferred to and stored in a server of Google in the United States. On this Website the code "gat_anonymizeIp()" was added to Google Analytics to guarantee anonymous collection of IP addresses. As a result, your IP address will be shortened within member countries of the European Union or other countries that are signatories of the Agreement on the European Economic Area before being transmitted to a server of Google in the United States. Only in exceptional cases will the full IP address be transmitted to a server of Google in the United States and then shortened there.

On behalf of flaregames Google will use this information to analyse your use of the Website, in order to compile reports about Website activities, and to provide additional services related to Website use and Internet use to the Website operator. The IP address transmitted from your browser for purposes of Google Analytics will not be combined with any other data by Google. You can prevent the installation of cookies by selecting appropriate settings in your browser software; note, however, that in this case you may not be able to use all functions of this Website to the full extent.

You can also prevent data related to your use of the Website and generated by the cookie (including your IP address) from being transferred to and processed by Google, by downloading and installing the following browser add-on available from the following link:

http://tools.google.com/dlpage/gaoptout?hl=de.

If you use a mobile terminal device, you can, in the alternative to installing the above browser add-on, prevent the collection of data by Google Analytics by clicking on the link below. An opt-out cookie will then be installed to prevent any future collection of your data when you visit this Website:

<a href="javascript:gaOptout()">Click here to opt-out of Google Analytics</a>

You can find additional information about Google Analytics here: http://www.google.com/intl/de/policies/privacy/partners/.

Submitted Material


You may choose to submit digital materials demonstrating your skills and abilities for review by flaregames (“Material(s)”). Please note that Materials are not generally required. If submitted, we will use your Material only for evaluation purposes and will not distribute any copies of the Material to any third parties. We will return or destroy all copies of your Material upon completion of our review or upon your earlier request.

flaregames engages in a continuous program to develop new products and ideas internally and we also regularly receive other submissions for consideration. The products, ideas or concepts that flaregames develops internally or that others submit may be similar to your Material. As a result, we cannot agree to treat as confidential any Material you submit, even if it is marked as confidential or proprietary. Our acceptance or review of your Material does not imply that we will use, develop or market your Material. Our review of your Material does not prevent us from using, developing, or marketing technologies, ideas or products that may be similar in concept or idea to your Material.

How you can contact us?


You may contact us at any time if you want your profile and related personal data to be corrected, blocked or deleted. Moreover, we will at any time disclose to you which data are stored, what the origin of the data is, who the recipient of the data is, and the purpose for which data are stored. If you have any questions concerning data protection, please contact us at:

flaregames GmbH

Erbprinzenstraße 27, 76133 Karlsruhe

e-mail: jobs@flaregames.com



Last revised: 25 May 2018

Copyright: flaregames GmbH ‒ All rights reserved.