Privacy Policy

At Kapow, we recognize that privacy is important. We respect your privacy and believe that we should clearly and transparently disclose our privacy practices to you as the user. The Kapow application, software, design, servers, data, user input, content, website located at www.kapow.games (“Website”), and associated services (collectively “Services” or “App”) are owned and operated by Riva FZC (“Kapow”, “Riva”, “us” or “We”), a company incorporated under the laws of the United Arab Emirates and having its registered office at Business Center, Business Park, RAK Economic Zone, Ras Al Khaimah, United Arab Emirates. Riva has adopted this Privacy Policy to inform you that it collects limited non-personal, personal and personally identifiable information when you use our Services and to explain how this personal and personally identifiable information is used by our Kapow App. This Privacy Policy does not apply to third-party websites or applications, and you visit such third-party sites and apps at your own risk, consistent with their privacy policies, if any.

RIVA MAY CHANGE, MODIFY, AMEND, SUSPEND, TERMINATE, OR REPLACE THIS PRIVACY POLICY FROM TIME TO TIME AND WITHIN ITS SOLE AND ABSOLUTE DISCRETION. IN THE EVENT RIVA CHANGES, MODIFIES, AMENDS, OR REPLACES THIS PRIVACY POLICY, THE EFFECTIVE DATE, LOCATED ABOVE, WILL CHANGE. YOUR CONTINUED USE OF THE SERVICES AFTER A CHANGE IN THE EFFECTIVE DATE OF THIS PRIVACY POLICY CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE CHANGE, MODIFICATION, AMENDMENT, OR REPLACEMENT CONTAINED WITHIN. YOU AGREE TO PERIODICALLY REVIEW THE CURRENT VERSION OF THE PRIVACY POLICY, AS POSTED ON THE WEBSITE OR APP. WE WILL NOTIFY YOU OF MATERIAL CHANGES IN ADVANCE BY EMAIL OR BY NOTICE WHEN YOU LOG ON TO THE WEBSITE OR THE APP.

  1. COLLECTION OF INFORMATION
    1. Kapow App allows you to input information about you directly into the App and collects certain information programmatically when you register for Kapow Services, when you install and use the App on your device, and when you use the Services as described in more detail below. Such information may contain personal or personally identifiable information.
    2. Personally Identifiable Information (“PII”) is information that can be used to uniquely identify, contact, or locate a single person or can be used with other sources to uniquely identify a single individual. Kapow collects PII from you when you voluntarily provide it to us, in instances in which you must provide such information to use features of the Services, programmatically when you install the App, and when you visit websites of our partners. Kapow may collect this PII from you through various channels, including, but not limited to, through your voluntary submission of information to the Services, through requests initiated by you through the Services, and through communication with third-parties.
    3. We do not collect sensitive data (also known as special categories) such as healthcare information, sexual orientation, political views, racial or linguistic data through the Website or the Services, unless required by the provisions of any applicable laws, rules, regulations, or norms.
    4. The PII that Kapow may collect from you is as follows:
      1. Information that you voluntarily submit/input to the Services
        We collect and store any information that you knowingly provide to us. This includes: (a) your name; and (b) mobile and other phone number(s).

        Further, we seek and receive access to the following upon specific permission provided by you: (a) your Device ID, (b) your internet and network details and (c) access to your SMS folder with your permission.

        Additionally, in case you log in to the Services using your Facebook login credentials, you understand and acknowledge that some information, including: (a) your Name; (b) your Email ID; (c) your location; (d) your currency of choice; (e) Country; (f) Gender; and (g) your Facebook friend list available on your Facebook account may be transmitted to your account with us if you authorise such transmission. Such information received from Facebook in connection with our Services shall be covered by this Privacy Policy.
      2. Information collected programmatically when you install the App
        Whenever you utilise the Services, there is certain information that is collected and recorded automatically, such as usage data and other information automatically collected from browser or mobile device. This includes: (a) your mobile device information, including, without limitation, device type, ID, model number, operating system and related information; (b) your MAC and/or IP address (c) global positioning and geolocation data; (d) details of the specific page or feature you requested; (e) default language and user preferences; and (f) length of time of visit and the number of times the user may use the Services. We may assign each user one or more unique identifiers to help keep track of future visits.
      3. Payment information
        Your usage of some of the Services may require you to make payments. While making payments, Kapow collects your billing details such as name, billing address, contact number, payment method and IP address, and then redirects you to a secure payment service provider platform operated by Google or Apple. Kapow does not store any payment related information such as credit/debit card details and/or bank details.
      4. Your Use of games on Kapow and other subscriptions
        In order to provide you with Services, we need to collect, store and use various information about your activity on our Website and App. Such information includes your Kapow ID and the statistics of the games played by you on the Services, including information about your games' preferences, progress in the games, playtime, as well as information about the device you are using, including the operating system being used, device settings, unique device identifiers, and crash data.
      5. Cookies
        When you use the Website or the Services, Kapow may also be able to access information from cookies. Cookies are small files that a service provider transfers to your browser or device that enables the service provider’s systems to recognise the browser or device and capture certain information. For example, we may use cookies to understand your preferences based on previous activity to optimise the end-user experience, or to compile data about the Services.

        Most browsers or devices are initially set up to accept cookies, but you can reset your settings to refuse all cookies or to indicate when a cookie is being sent. However, some of our features and services may not function properly if your cookies are disabled.

        In certain situations, clicking on a link to a third-party service may result in cookies being transmitted to you. In this respect, you understand that apart from cookies transmitted by intermediaries authorised by us for that purpose, this Privacy Policy does not cover the use and transmission of cookies by any third-parties, and we bear no responsibility for the data collected by such third parties. We encourage you to review any third-party privacy policies before utilising any third-party service.
      6. Fraud Prevention
        We may use cookies and similar technologies, or collect data about your machine or device, to create and store a unique identity of your machine and of your machine components, for fraud prevention, security and authentication purposes. We may also use anti-cheat technology with the Services, including automated anti-fraud and abuse algorithms. If you believe your access to the Services was blocked by this technology in error, you may contact us on support@kapow.games to get the same cured.
      7. Combining information received from others
        Kapow may combine information about you that we have with information we obtain from other sources in order to provide you a better experience or to improve the quality of our Services. Examples of information we may receive from other sources includes updated delivery or payment information which we use to correct our records, purchase or redemption information, customer support or enrolment information, page view, search term and search result information, and credit or identity information which we may use to detect fraud.

        Please note that we use Apps Flyer, Fabric and Firebase for the purpose of analytics and measurement to get a better idea of how our Services are used. For example, we may use the data gathered from your usage of the Platform by Apps Flyer, Fabric and Firebase to design new products or services, or to make our existing offerings under the Services more user friendly.
  2. USE OF INFORMATION
    1. Kapow uses your PII and other information to provide you with and bill you for the Services, to communicate with you, to identify and fix problems with the Services, to update you on changes to the Services, to communicate with you concerning your account, if applicable, and to update you on Kapow’s services offered through the Services or the services of third-parties. We use this information to make the Services easier for you to use, for example, by eliminating the need for you to repeatedly enter the same information. We also use this information for auditing, research and analysis purposes so that we are able to maintain, protect, and improve the Services and ensure the technical functioning of our network.
    2. You authorize Kapow to use the information collected from you for the following uses:
      1. Enable your use of the Services;
      2. Process payment and verify payment information;
      3. Improve algorithms;
      4. Measure service usage;
      5. Publish summaries online or offline;
      6. Develop new features and services;
      7. Contact and communicate with you, whether through email, phone, push notifications or messages within the Services;
      8. Customize and/or tailor the Services and your user experience, which may include targeted selection and display of third-party advertisements within the Services (i.e. behavioural advertising);
      9. Display limited profile information to other users, including your name, email address and phone number and to display any other content you post to the Services which is meant for public consumption;
      10. Advertise and provide you with information about products, benefits, and services of Kapow;
      11. Provide you with information or services that may be of interest to you;
      12. Transmit and process your information and actions within the Services;
      13. Provide statistical information, and include you in the same, where applicable;
      14. Provide you with technical service and support, including updates;
      15. Understand your needs and requests;
      16. Communicate promotions or other offers;
      17. Prevent and detect illegal activities or violations of the End User License Agreement;
      18. Protect Riva’s rights and property and the same of our users;
      19. Combine your PII with information from other Kapow applications and/or services;
      20. Promote mobile applications Riva develops for other related apps;
      21. Facilitate your use of the Services, its upgrades, or its replacements;
      22. Provide the information to third-parties performing services in support of our delivery of Services to you;
      23. Personalize your experience with our Services;
      24. Respond to legal requirements, exercise our legal rights or defend against legal claims, to protect our interests, fight fraud or illegal activity, to enforce our policies, or to protect third-party rights, property, or safety.
    3. Kapow does not process data through any means of automated decision making, including profiling, that may have significant consequences for you.
  3. LEGAL BASIS FOR PROCESSING INFORMATION UNDER THE GDPR FOR USERS IN THE EUROPEAN UNION (“EU”)
    1. Kapow processes information of users in the European Union in accordance with European laws and regulations such as the General Data Protection Regulation (“GDPR”). The GDPR governs how Kapow may process your information, and the rights that EU users have in relation to their information. This means that Kapow will collect and use your information only where:
      1. We need such information to provide you the Services and fulfil our obligations to you under our Terms of Use. This includes the functionalities of the Website and/or Service;
      2. The collection and use of your information is justified because of a legitimate interest such as for research and development or marketing the Services (but only where our legitimate interest isn’t overridden by your interest in protecting your information);
      3. We have obtained your consent for using your information by the way of this Privacy Policy; or
      4. The collection and use of your information is necessary for compliance with our legal obligations;
    2. You may withdraw your consent for using your information at any time. Depending on the situation you can either withdraw your consent by writing to support@kapow.games. Where we are using your information because of a legitimate interest to do so, you have the right to object to that use. However, if you do so, you may not be able to continue using the functionalities of the Website and/or the Services.
  4. STORAGE OF INFORMATION
    1. Kapow’s infrastructure consists of servers deployed at multiple data centers that are owned and operated by our partners or us. All information collected in connection with the Services resides on this network of servers and/or on your device. Much of your information is stored on your device and is subject to the security and privacy policies of your device and storage providers. If Kapow is using a vendor, all data storage by the vendor is consistent with the vendor’s policies.
    2. If you are a user outside the EU, all data storage by Kapow of your PII or other information may be stored and processed on computers located outside of your country, and through your use of the Services you unequivocally consent to the processing and storage of your information outside of your own jurisdiction. You understand and agree that Kapow may continue to store your information after you cease use of the Services or disable your use of, access to, or otherwise of the App.
    3. In the event that we transfer information of users in the EU to a third-party service provider located outside the EU and/or is not subject to an adequacy decision by the EU commission, we will ensure that we obtain your prior consent for such transfer and ensure that such third- party service providers have appropriate safeguards for your information by way of entering into a binding agreement that provides for the same.
    4. In order to improve usability and experience, Kapow may store your private information on your personal device for subsequent retrieval and use for form submissions, payments and other transactions. Kapow takes commercially reasonable care to encrypt this information on your device with passwords or other secrets supplied by you. Such information stored on your personal device is subject to security offered by your device, operating systems and other components. You understand and agree that Kapow cannot be held responsible for any compromise of access to your personal device, for loss of information, theft or for any exploits or logic attacks on your device through malware or other software or hardware that is outside the control of Kapow’s Services.
    5. Kapow uses commercially reasonable and standard practices and technology to help prevent against the unauthorized access to, disclosure of, or alteration or destruction of your personal or personally identifiable information. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store PII and other information. We restrict access to such information to our employees, contractors and agents who need to know that information in order to operate, develop or improve the Services. These individuals are bound by this Privacy Policy and other confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
    6. Though we undertake commercially reasonable efforts to protect your personal and personally identifiable information, no software or service is completely safe. Accordingly, you provide all such personal or personally identifiable information at your own risk.
  5. SHARING INFORMATION
    1. Kapow may share your information with third-parties in the following circumstances:
      1. where Kapow has obtained your consent, including when you choose to register a user account, use the Services, and otherwise share your information with Kapow, other users and/or other third-parties;
      2. where sharing or disclosure of your personal or personally identifiable information is necessary to provide you with the Services;
      3. where sharing or disclosure of your personal or personally identifiable information is necessary to share personal or personally identifiable information with Riva’s parents, subsidiaries, successors, assigns, licensees, affiliates, or business partners (We require that these parties agree to process such information based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures);
      4. where Riva has been purchased by a third-party; where sharing or disclosure of your personal or personally identifiable information is necessary to respond to requests by government authorities; where your personal or personally identifiable information is demanded by a court order or subpoena; where sharing or disclosure of your personal or personally identifiable information is needed to protect the employees, independent contractors, officers, directors, members, users, or shareholders of Riva; where sharing or disclosure of your personal or personally identifiable information is needed to help prevent against fraud or the violation of any applicable law, statute, regulation, ordinance, or treaty; and
      5. where otherwise permitted to do so by this Privacy Policy or by law. You understand and agree that Riva may specifically share your information with mobile service providers, or search engine providers, in order to complete the services offered through the Services.
    2. The following categories of recipients will most likely receive your data in order for us to provide services to you:
      1. Third Party Data Center Services such as AWS
      2. Third Party Analytics Services such as Apps Flyer, Firebase and Fabric
      3. Third party Service Providers such as Kayako
    3. Financial Information - All financial information that is collected through the Services is used solely to enable the payment towards the consideration for usage of the Services, and is not used for marketing or promotional purposes. Towards this end, we disclose such information to a third-party intermediary, for the sole purpose of credit card processing, which is used to make payments to avail of the Services. Our contracts with our service providers include commitments that they agree to limit their use of PII and to comply with privacy and security standards at least as stringent as the terms of this Privacy Policy. Remember that if you provide any PII directly to a third party, such as through a link on the Website or the App, the processing is typically based on their standards (which may not be the same as Riva’s);
    4. When any PII or other information pertaining to the users is shared with third-parties, such as advertisers, licensees and content distributors, Riva shall ensure that such information shall be non-private, aggregated or anonymised so that it will not identify you personally. You understand that Riva may further distribute your information to a wider audience through third-party sites and services, as long such distribution is consistent with this clause and other provisions contained in this Privacy Policy.
    5. When any PII or other information pertaining to the users is shared with third-parties, such as advertisers, licensees and content distributors, Riva shall ensure that such information shall be non-private, aggregated or anonymised so that it will not identify you personally. You understand that Riva may further distribute your information to a wider audience through third-party sites and services, as long such distribution is consistent with this clause and other provisions contained in this Privacy Policy.
    6. We may outsource or subcontract some of our technical support, tracking and reporting functions, and other services to third-parties. We may share information from or about you with them so that they can perform their services as long as they comply with this Privacy Policy.
    7. We may share PII with our parents, subsidiaries, divisions, and affiliates or as part of any sale, merger or acquisition. We will also share PII with our service providers as required to provide you with our Services. We will never sell your PII to unaffiliated third-parties without your approval at the time of collection. You agree to inform you of any changes to your PII, and to protect the security of your username, password and PII.
    8. We have a strict No-Spam Policy prohibiting the use of any data collected to send spam communications. We will not sell any contact information to third-parties
  6. INFORMATION RETENTION
    1. If you are a user from non-EU countries, on receiving a request to deactivate your account, Riva will deactivate your account and archive your PII. Archived information will be retained by Riva indefinitely in its secure database for the purpose of our records. Non-personally identifiable information of users from non-EU countries is retained indefinitely for analytics. However, Your Sensitive Personal Information, collected by us, if any, will be destroyed upon deactivation of your account.
    2. If you are a User in the EU, on receiving a request to deactivate your account, Riva will deactivate your account and all PII and Sensitive Personal Information, collected by us, if any, will be destroyed. Non-personally identifiable information of users in the EU may be retained indefinitely for analytics subject to the same being kept separate from other information including but not limited to unique identifiers, that, in combination with such non-personally identifiable information of the users, may render the same personally identifiable.
    3. We collect and retain certain data that is required for our detection, investigation and prevention of fraud, cheating and other violations of our terms and applicable laws ("Breach(es)"). This data is used only for the purposes of detection, investigation, prevention and, where applicable, acting on such Breaches and stored only for the minimum amount of time needed for the purpose of dealing with such Breaches. If the data indicates that such a Breach has occurred, we will further store the data for the establishment, exercise or defence of legal claims, until a legal case related to it has been resolved, or such legal claim no longer exists due to the expiry of relevant limitation periods. Please note that the specific data stored for dealing with Breaches may not be disclosed to you if such disclosure will compromise Riva’s legal rights as well as the mechanism through which we detect, investigate and prevent such Breaches.
  7. YOUR RIGHTS IN RESPECT OF YOUR INFORMATION
    1. The laws of some countries grant particular rights in respect of personal information. If you are a user situated in the European Union, you may have the right to:
      1. Request a copy of your information and data portability- This right entitles users to know whether We hold any PII about them and, if we do, to obtain information on and a copy of such PII(in a structured, commonly used and machine-readable format).
      2. Request that we correct inaccuracies relating to your information- This right entitles users to have PII be corrected if it is inaccurate or incomplete;
      3. Request that your information is deleted - This right entitles users to request the erasure of PII, including where such PII would no longer be necessary to achieve the purposes;
      4. Request the restriction of the processing of PII: This right entitles users to request that We only process PII in limited circumstances, including with consent;
      5. Object to our use of your information- This right entitles users to request that We no longer process their PII;
    2. Should you wish to make a request in respect of your personal information, please contact us at support@kapow.games or request changes with us through the “Get in touch” option on your profile page in the App.
    3. If, at any time, you prefer not to receive communications from us, simply follow the unsubscribe options at the bottom of each such communication or contact us directly. We will make commercially reasonable efforts to implement your opt-out requests promptly, but you may still receive our emails for up to ten (10) business days as we process your request.
    4. In some circumstances, we may not be able to comply with a request that you make in respect of your personal information. For example, we may not be able to provide a copy of your information where it infringes on the rights of another user. We may also be required to retain certain information that you ask us to delete for various reasons, such as where there is a legal requirement to do so.
    5. If we are unable to resolve your request, or if you are concerned about a potential violation, you may be entitled to report the issue or make a complaint to the data protection authority in your jurisdiction.
  8. CHILDREN'S ONLINE PRIVACY PROTECTION POLICY
    The Services are not intended for or directed to users under the age of thirteen (13), and Kapow does not knowingly or intentionally collect personally identifiable information from children under the age of thirteen (13) or other minors. Where appropriate, Kapow takes reasonable measures to determine that users are adults of legal age and to inform minors not to submit such information to the Services or in response to advertisements. If you are concerned that personal information may have been inadvertently provided to or collected by Kapow, please contact us immediately so appropriate steps may be taken to remove such information from Kapow’s database.
  9. CHANGES TO THIS PRIVACY POLICY
    Please note that this Privacy Policy may change from time to time. You agree to periodically review the current version of the privacy policy, as posted on the website or app. We will notify you of material changes in advance by email or by notice when you log on to the Website or the App. If you do not agree to the change, you may not continue to use the Services.
  10. CONTACT AND NOTICES
    If you have any questions or concerns about this Privacy Policy, please contact us by email at privacy@kapow.games.
    All requests for information pursuant to this Privacy Policy or notices required must be sent via email to privacy@kapow.games.