AGHANIM
PRIVACY NOTICE
(Last updated March 2024)
1. INTRODUCTION
Who are we?
We are AGHANIM INC., a company with registered address at 254 Chapman Rd Ste 208, Newark, Delaware 19702-5422, United States, with EIN 93-2059669 (“Aghanim”, “we” or “us”), and we are a mobile game commerce company.
Where we decide the means or purpose of processing your personal data, we are the “controller."
What’s this notice about?
This notice explains how we process personal data, as a controller, in relation to the Aghanim platform (including all related technologies, applications, products, software, services and other materials under the “Aghanim” brand) (“Platform”), as made available by Aghanim.
In relation to the Platform, we will process personal data relating to:
- individuals who use the Platform in the capacity of an end user (“End User”); and
- both: (i) individual sole trader developers on the Platform, and staff members who are employed by developers on the Platform and who are accessing the Platform on behalf of that developer; and (ii) individual sole trader developers, and staff members who are employed by developers, who have created an account on the Platform but have not proceeded with entering into an agreement with Aghanim in order to use the Platform (“Developer”),
and “you” shall refer to any individuals whose personal data we process in relation to the Platform.
After a Developer has created an account on the Platform (“Dashboard”), they can use the Dashboard to:
- Create their own website which can be used by Aghanim to sell content, developed by Developers in connection with the Developer’s games, to End Users (“Game Hub”).
- Make changes to the Game Hub (including to the content featured on the Game Hub).
- View sales performance data relating to the content featured on the Game Hub.
We update this notice from time to time, so you should check back in on a regular basis.
Please note that other websites or services mentioned on the Platform are not operated by us, and you should refer to the privacy notices on those websites to understand how they process personal data.
What are your rights?
You have the following rights, although these rights may be limited in some circumstances:
- Ask us to send a copy of your personal data to you or someone else
- Ask us to restrict, stop processing, or delete your personal data
- Object to our processing of your personal data
- Object to use of your personal data for direct marketing purposes
- Ask us to correct inaccuracies in your personal data
The rules around how long we keep your information, as set out in Section 2 (Your personal data and how we use it) below, may be subject to your exercise of some of these rights.
If we rely on consent to process personal data, or send direct marketing, you can withdraw consent by email to the email address below.
How do you contact us?
If you have any questions concerning this notice, including how you can exercise your rights, please contact us at: [privacy@aghanim.com] (mailto:privacy@aghanim.com). Alternatively, you can submit your request through our chatbot located at https://support.aghanim.com/.
If we are unable to resolve your issue to your satisfaction, please note that you may have the right to lodge a complaint with a data protection authority or supervisory body in your jurisdiction. For individuals in the European Union, you can find your local data protection authority through the European Data Protection Board’s (EDPB) list of supervisory authorities at the EDPB website. For individuals outside the European Union, we recommend contacting or reviewing the website of your local data protection or consumer protection agency for more information on your rights and how to submit a complaint.
2. YOUR PERSONAL DATA AND HOW WE USE IT
DEVELOPERS
SERVICES
PURPOSE – We process certain information relating to Developers to provide them with the Platform. This includes processing certain information relating to Developers in order to:
- Undertake “know your business” checks on Developers.
- Register Developers with a Dashboard.
- Enable Developers to create a Game Hub.
- Authenticate Developers’ login attempts to their Dashboard and the Game Hub.
- Enable Developers to use the functionalities on the Dashboard.
- Process payments via the Platform.
- Send Developers email notifications in relation to the Platform.
CATEGORIES OF PERSONAL DATA – We collect the following information directly from Developers when they sign-up to create their Dashboard: name, email address, phone number, company's website, current business priorities, confirmation on how the Developer heard about the Platform.
We collect the following information relating to each Developer’s company, when entering into an agreement with them: company name, business address and registration number and bank details.
And, in the course of Developers using the Platform, we will collect correspondence which we send to, and receive from, Developers.
HOW WE USE IT – We process this personal data on the basis of our legitimate interests, being to: (i) promote the success of our business (including the Platform and our related services); and (ii) ensure that Developers and End Users receive a good service when using the Platform. Such interests are not overridden by Developers’ interests or fundamental rights and freedoms.
RECIPIENTS – We share this information with:
- Okta, Inc., in order to use their authentication and authorisation platform “Auth0”.
- Twilio Inc, in order to use their programmable communications tools for making and receiving phone calls, sending and receiving text messages and performing other communication functions using its web service APIs.
- Salesforce, Inc., in order to help us to keep track of our interactions with Developers and sales data.
- Our “know your business” provider for the purpose of undertaking “know your business” checks on Developers.
HOW LONG WE KEEP THIS INFORMATION FOR – We retain this information until: (i) the Developer closes their Dashboard; or (ii) after the final payment from Aghanim to the Developer is processed (in relation to any information required to process payments from Aghanim to the Developer in relation to the Platform after the Developer closes their Dashboard) .
MARKETING
PURPOSE – We process certain information relating to Developers to send them emails to keep them informed about our news, updates, latest projects, goods, services, promotional offers and partnerships which may interest them. Where we rely upon their consent to do this, they can withdraw their consent at any time by clicking the “unsubscribe” link at the bottom of any of our emails.
CATEGORIES OF PERSONAL DATA – We collect Developers’ names and email addresses directly from Developers when they sign-up to create their Dashboard.
HOW WE USE IT – We generally process this personal data where we have a Developer’s consent to do so. In other cases, for example if a Developer chooses not to opt-out of marketing communications when purchasing a product or service from us, we process this personal data on the basis of our legitimate interests, being to promote the success of our business, our Platform and related services.
RECIPIENTS – We share this information with the Rocket Science Group in order to use their marketing automation and email marketing platform “Mailchimp” for the purpose of sending marketing communications.
HOW LONG WE KEEP THIS INFORMATION FOR – We retain this information until the Developer withdraws their consent to send them this information.
END USERS
SERVICES
PURPOSE – We process certain information relating to End Users to provide them with the Platform. This includes processing certain information relating to End Users in order to:
- Register End Users on the Platform with an account (“End User Account”).
- Send payment receipts to End Users.
- Send OTP codes to End Users in order to authorise any payments made via the payment processing interface on each Game Hub.
- Create an account, via the Platform, to manage previous payments and payment methods (“Payment Account”).
- Process payments via the Platform, and calculate taxes relating to such payments.
CATEGORIES OF PERSONAL DATA – We collect the following information directly from End Users when they sign-up to create an End User Account, or enter information into Payment Account: name, in-game user ID, email address, phone number, billing address, the last four digits of a payment card, BIN number and information relating to transactions made via the Payment Account.
HOW WE USE IT – We process this personal data on the basis of our legitimate interests, being to: (i) promote the success of our business (including the Platform and our related services); and (ii) ensure that Developers and End Users receive a good service when using the Platform. Such interests are not overridden by End Users’ interests or fundamental rights and freedoms..
RECIPIENTS – We share this information with:
- Twilio Inc, in order to use their programmable communications tools for making and receiving phone calls, sending and receiving text messages and performing other communication functions using its web service APIs.
- Avalara, Inc, in order to use their software to calculate any tax payable on transactions made via the Platform.
- Sift Science, Inc, in order to use their software to evaluate risks associated with transactions made via the Platform.
- Our third-party payment service providers (including Text Inc.).
- Pursuant to the End User's engagement with specific Game Hubs created via Platform, we may disclose certain personal data of the End Users to the respective Developers, for facilitating an enhanced gaming experience provided by the developers.
HOW LONG WE KEEP THIS INFORMATION FOR – We retain this information until 18 months following the date on which the End User closes their End User Account. If you withdraw your consent on which a processing of your Personal Data or of the Personal Data of your child is based, we will delete your Personal Data or respectively the Personal Data of your child.
MARKETING
PURPOSE – We process certain information relating to End Users to send them marketing communications via the Platform, email and SMS to keep them informed about news, updates, latest projects, goods, services, promotional offers and partnerships, which may interest them, in relation to Developers, Aghanim and the Platform. Where we rely upon their consent to do this, they can withdraw their consent at any time by clicking the “unsubscribe” link at the bottom of any of our emails.
CATEGORIES OF PERSONAL DATA – We collect names and email addresses from End Users when End Users sign-up to marketing communications on the Platform or on a Game Hub.
HOW WE USE IT – We generally process this personal data where we have an End User’s consent to do so. In other cases, for example if an End User chooses not to opt-out of marketing communications when purchasing products or services from us, we process this personal data on the basis of our legitimate interests, being to promote the success of our business, our Platform and related services.
RECIPIENTS – We share this information with The Rocket Science Group in order to use their marketing automation and email marketing platform “Mailchimp” for the purpose of sending marketing communications.
HOW LONG WE KEEP THIS INFORMATION FOR – We retain this information until the End User withdraws their consent to send them this information.
ADVERTISEMENTS
PURPOSE – We use third-party advertising platforms, such as Meta and Google, to send targeted messages to End Users, based on their behaviour and browsing pattern, to increase the efficiency of our advertising campaigns.
CATEGORIES OF PERSONAL DATA – We may collect the following information from End Users using the cookies described in Section 4 (Cookies, analytics and similar technologies) below: device information (including IP address) and browsing information (including clicks and other interactions with advertising media).
HOW WE USE IT – We process this personal data where we have an End User’s consent to do so.
RECIPIENTS – We share your personal data with third-party advertising platforms, such as Meta and Google, who will attempt to match your profile in their database to determine the optimal time and place (the page you are browsing) to show you an advertisement from Aghanim. We also use third party solutions such as Google Analytics to help us to target our campaigns and messages for End Users, and analyse necessary information to understand the impact of our campaigns.
HOW LONG WE KEEP THIS INFORMATION FOR – We retain this information for as long as necessary to fulfil the purposes outlined above.
DEVELOPERS AND END USERS
ENQUIRIES
PURPOSE – We process certain information about Developers and End Users in order to: (i) review and respond to their enquiries, complaints or questions about the Platform; (ii) provide responsive customer care services; and (iii) improve, test and monitor the quality and delivery of the Platform.
CATEGORIES OF PERSONAL DATA – We collect the following information directly from Developers and End Users when they submit any enquiries, complaints or questions: name, contact information (such as email address or telephone number) and any other information that Developers and End Users submit as part of their enquiries, complaints or questions.
HOW WE USE IT – We process this personal data on the basis of our legitimate interests, being to: (i) understand how Developers and End Users use our Platform; (ii) promote the success of our business; and (iii) provide responsive customer care services. Such interests are not overridden by Developers’ and End Users’ interests or fundamental rights and freedoms.
RECIPIENTS – We share this information with:
- LiveChat Software S.A., in order to use their online customer service software.
- We, Text, Inc., in order to use their IT service desk software.
- Apple Inc., in order to use their Apple Messages for Business service.
- Meta Platforms, Inc., in order to use their Messenger from Meta service.
HOW LONG WE KEEP THIS INFORMATION FOR – We retain this information until the End User closes their End User Account, or the Developer closes their Dashboard.
ANALYTICS
PURPOSE – We process certain information relating to the device on which Developers and End Users are accessing the Platform to: (i) identify Developers and End Users; (ii) understand how Developers and End Users use our Platform; (iii) improve, test and monitor the quality and delivery of the Platform; (iv) identify and correct any problems on the Platform; and (v) perform essential business operations.
CATEGORIES OF PERSONAL DATA – We may collect the following information directly from Developers and End Users when they access our Platform: location information, identity information, payment information, transaction information, mobile device information and browsing information.
HOW WE USE IT – We process this personal data on the basis of our legitimate interests, being to: (i) promote the success of our business, our Platform and related services; (ii) further our commercial interests; and (iii) understand how Developers and End Users use our Platform. Such interests are not overridden by Developers’ and End Users’ interests or fundamental rights and freedoms.
RECIPIENTS – We share this information with:
- Google LLC, in order to use their web analytics services “Google Analytics”.
- Cloudflare, Inc., in order to detect bots and to allow the web application firewall to block malicious traffic.
HOW LONG WE KEEP THIS INFORMATION FOR – We retain analytics data for as long as necessary to fulfil the purposes outlined above.
3. STORAGE, TRANSFERS AND DISCLOSURE
Storage & Transfers
We are based in the United States, regularly collaborate with an international network of partners and may from time-to-time use subcontractors based in other countries. Where we transfer personal data internationally, we implement certain contractual measures in order to safeguard such transfers, where required by applicable data protection laws to do so. For more information, please contact us using the contact details at the start of this notice.
Disclosure
We may disclose your personal data:
- Where required by law, government, competent authorities or the courts or to establish, exercise or defend our legal rights, and for the purposes of preventing crime and fraud (for example, we may share personal data with our professional advisors, investigators, or credit reference agencies).
- With suppliers and subcontractors, as necessary for the purposes set out in this notice.
- With other members of our corporate group and our international network of partners.
- If involved in an investment, merger, acquisition, or sale of our organisation or assets, personal data we hold may be shared on the basis of the legitimate interests of us, our shareholders, customers and other parties to a transaction, unless those interests are outweighed by prejudicial impacts upon you.
4. CHILDREN
Disclosure
The minimum age required to set up an End User Account is 13 years. Aghanim will not deliberately gather personal information from anyone younger than this age. In places where the law requires a higher age for giving personal information, Aghanim will ask for a parent's permission before an End User Account is made and any personal information is collected. Aghanim further recommends that parents guide their children on the importance of not disclosing personal information in online settings.
Parental rights
As a parent, you have the right to request a review of your child's personal information collected by us, request deletion, and refuse further collection or use of your child's information. To exercise your rights, please contact us at: privacy@aghanim.com. Alternatively, you can submit your request through our chatbot located at https://support.aghanim.com/.
5. COOKIES, ANALYTICS AND SIMILAR TECHNOLOGIES
Disclosure
We use cookies and similar technologies (i.e. web beacons, pixels, ad tags and device identifiers) to recognize you and to customize your online experience. To learn more about cookies and the other tracking technologies we may utilize, please refer to our Cookie Policy, which includes a comprehensive overview of cookies and provides further details about how we use cookies and how to control our use of cookies.
6. ADDITIONAL INFORMATION FOR USERS FROM CALIFORNIA
Disclosure
The CCPA grants specific privacy rights to California residents concerning the Personal Data we collect. We are dedicated to honouring these rights and adhering to the CCPA. The following outlines these rights and Aghanim's practices regarding them.
- Right to Know: Under the CCPA, you have the right to request disclosure of the Personal Data we collect, use, disclose, and sell.
- Right to Request Deletion: Additionally, you have the right to request the deletion of Personal Data in our possession, with certain exceptions.
- Right to opt-out: The CCPA grants California residents the right to opt-out of the sale of their Personal Data. We do not sell Personal Data and have not done so in the past 12 months.
- You have the right to receive notice of our practices before or at the time of collecting your Personal Data.
- You also have the right to not face discrimination for exercising your rights under the CCPA.
To exercise your rights, please contact us at: privacy@aghanim.com. Alternatively, you can submit your request through our chatbot located at https://support.aghanim.com/.
You may designate, in writing or through a power of attorney, an authorized agent to make requests on your behalf to exercise your rights under the CCPA. Before accepting such a request from an agent, we will require the agent to provide proof you have authorized it to act on your behalf, and we may need you to verify your identity directly with us.