Privacy Policy

Below we provide you with an overview of what data we collect for what purpose and how we ensure the protection of the data when using our mobile apps.

§ Identification and Contact Information

Holder: Bestplay Systems S.L. (hereinafter, “BESTPLAY” or “we”)

Registered office: Carrer Aragó 383. Barcelona 08013. Spain

VAT Number: ESB56446644

Email: contact@bestplay.app

DPO: dpo@bestplay.app

§ Information

By reading this Privacy Policy, the user (hereinafter, the “User”) is informed that the personal data provided through the mobile application [“BESTPLAY” / “PLAYTEST PRO”] (hereinafter, the “App”), as well as the data derived from his/her browsing and any other data that the User may provide in the future on the App, will be processed by BESTPLAY as the data controller for the purposes indicated in this Privacy Policy.

Users should carefully read this Privacy Policy.

§ Obligation to Provide Personal Data

The personal data requested in the App forms are, in general, mandatory in order to comply with the purposes for which they are being collected, unless otherwise specified in the required field.

Therefore, if the User does not provide them or does not provide them correctly, the User’s requests may not be met.

§ Origin of the Personal Data

The personal data processed by BESTPLAY for the purposes listed in the following section are obtained from the User, either directly or from his/her use of the App.

§ For What Purposes Will BESTPLAY Process Personal Data?

BESTPLAY will process the User’s personal data for the following specific purposes:

  • Management of the contractual relationship with the User: The provision of the services and functionalities offered by the App, including the cashing out of their account balance. This might be done through different payout options, such as PayPal or Amazon gift cards.
  • To provide answers to the issues raised by the User through the contact channels provided: to manage, process and provide support for the requests, applications, incidents, complaints, or queries made by the User through the different communication channels made available.
  • Preparation of reports, statistics, and internal analysis to improve the App’s services: to analyze, manage and prepare internal reports and statistics on User behavior in order to implement improvements to the App, using aggregated information.
  • Fraud prevention: Prevention and control of the use of the App for illegal or unauthorized purposes, with or without economic purpose. This includes a liveliness check to ensure the User is human, and measures to prevent a User from having more than two (2) accounts in accordance with the Terms and Conditions. This may be done through one of the following options: biometric identification, which entails the use of scans of the User’s facial geometry to identify matches in Bestplay’s database, or the User printing out a form with a unique code and mailing it to BESTPLAY along with a proof of address.
  • Optimization of services and detection of errors and problems: to improve and optimize our services, as well as to detect App errors and technical problems.
  • Personalization of advertisements shown in the App: This will be done based on the User’s Google Advertising ID.
  • To comply with legally established obligations: when the processing is necessary to comply with a legal obligation derived from regulations which may be applicable to BESTPLAY (tax regulations, for example).

§ What User Personal Data Will BESTPLAY Process?

During the use of the App, the following personal data may be processed:

  • Management of the contractual relationship with the User:
    Identifying data: name, surname.
    Contact details: e-mail address, postal address, Paypal e-mail.
    Data obtained through User-generated content: account balance, Rewards earned and Rewards redeemed.
    Other data: Google Advertising ID. The Google Advertising ID is a unique, non-personalized, and non-permanent ID for advertising for a device using Android, User’s location.
  • To provide answers to the issues raised by the User through the contact channels provided:
    Identification data: name, surname.
    Contact details: e-mail address.
    Other data: any data that may be provided by the User in relation to the query or request made.
  • Production of internal reports, statistics, and analysis to improve the App’s services:
    Aggregate User Information.
    Navigation data on the App: IP, behavior on the App.
    Other data: The Google Advertising ID is a unique, non-personalized, and non-permanent ID for advertising for a device using Android.
  • Fraud prevention:
    Identification data: name, surname, selfie.
    Contact details: e-mail.
    Navigation data on the App: IP, behavior on the App.
    Biometric data: scans of facial geometry.
    Proof of address.
  • Optimization of services and detection of errors and problems of the App:
    Identification data: name, surname, first name.
    Contact details: e-mail.
    Navigation data on the App: IP, the User’s behavior on the App.
    Data obtained through User-generated content: comments and ratings.
  • Personalization of advertisements shown in the App:
    Navigation data on the App: IP, the User’s behavior on the App.
    Other data: Google Advertising ID and the data collected through this ID, including the advertising content the User has viewed and the User’s interactions with this content. The Google Advertising ID is a unique, non-personalized, and non-permanent ID for advertising for a device using Android
  • To comply with legally established obligations:
    Any data processed by BESTPLAY that may be required.

If the User provides personal data of third parties, he/she declares that he/she has their consent and/or sufficient legitimacy and undertakes to provide them with the information contained in the Privacy Policy, exempting BESTPLAY from any liability in this regard. However, BESTPLAY may carry out the appropriate verifications to check this, adopting the corresponding due diligence measures, in accordance with applicable data protection regulations and privacy laws.

§ What Is the Legal Basis for the Processing of Personal Data by BESTPLAY?

BESTPLAY processes the User’s personal data in accordance with the following legal bases:

  • Management of the contractual relationship with the User: the processing of personal data derived from this purpose will be based on the fulfillment of the contractual relationship.
  • To provide answers to the issues raised by the User through the contact channels provided: the processing of personal data derived from this purpose is the legitimate interest of BESTPLAY of providing an adequate service to the User and answering any queries he or she may have.
  • Preparation of reports, statistics, and internal analyses to improve the App’s services: all processing derived from this purpose will be based on the legitimate interest of analyzing the App and determining potential upgrades.
  • Fraud prevention: all processing derived from this purpose will be based on the legitimate interest of the data controller. This legitimate interest is based on ensuring that the services are not used for unlawful purposes and, in the event of unlawful use, to manage, process, and remedy the unlawful conduct carried out by the User. For the processing of biometric data of the User for this purpose, considering its nature as special data categories or sensitive personal information, the User’s explicit consent will be gathered. If the User does not provide his/her consent, the User shall print out a form with a unique code and mail it to BESTPLAY along with proof of address.
  • Optimization of services and detection of errors and problems of the App: all processing derived from this purpose will be based on the legitimate interest of analyzing the App and determining potential upgrades.
  • Personalization of advertisements shown in the App: based on the User’s consent, gathered through the consent management platform implemented in the App.
  • To comply with legally established obligations: All processing derived from this purpose will be based on compliance with a legal obligation.

§ Retention of Personal Data

The User’s personal data will be kept by BESTPLAY for the following periods:

  • Management of the contractual relationship with the User: the data provided to manage, process, formalize and fulfill the contractual relationship, including the User’s location, will be kept while the User has the App installed or until he/she requests the erasure of his/her personal data, and, once the User deletes the App, for the period of limitation of the legal actions that may arise from it. Notwithstanding the foregoing, certain personal data may continue to be retained thereafter, to fulfill of the purpose set forth in paragraph d) below.
  • To provide answers to the issues raised by the User through the contact channels provided: the personal data will be kept for the period necessary to process and respond to the User’s request and, once this period is over, for the period of limitation of the legal actions derived.
  • Preparation of reports, statistics, and internal analyses to improve the App’s services: the personal data will be used in aggregate form for the preparation of reports, statistics, and analyses, during the period necessary to process and prepare the aforementioned reports, statistics and/or analyses, and, once this period has expired, during the period of limitation of the legal actions derived from the aforementioned request.
  • Fraud prevention: the personal data used for this purpose will be kept for the period necessary to detect any irregular activity and, in the event some illicit behavior is detected, for the period of limitation of the legal actions that may derive from them.
  • Optimization of the services and detection of errors and problems of the App: the personal data used for this purpose will be kept for the period necessary to process and develop the optimization and error detection work and, once this work has been carried out, for the period of limitation of any legal actions that may arise.
  • Personalization of advertisements shown in the App: the identification data and Google Advertising ID will be kept while the User has the App installed. The other data will be kept for the period necessary to provide personalized advertisements.
  • To comply with the legally established obligations: the data provided to comply with the obligations arising from the services offered by BESTPLAY will be kept for the legally established periods.

§ Disclosure of Personal Data

All personal data provided by the User through the App may be communicated to:

  • Third parties in order to cash out the money generated using the App, such as PayPal, Tangocard or Amazon, based on the contractual relationship with the User.
  • Public Administrations, in the cases provided for in the law, based on compliance with a legal obligation.
  • Courts and tribunals, in the cases provided for by law, based on compliance with a legal obligation. We may access, preserve, and disclose any information we store associated with you to external parties if we, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, our, or others’ rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.
  • Affiliates. We may share your personal data with our corporate affiliates, such as Gameway Group Inc.
  • Advertising Partners. We may share your personal data with third-party advertising partners. These third-party advertising partners may set cookies, pixel tags, and other tracking tools in the App (“Technologies”) to collect information regarding your activities and your device (e.g., your IP address, cookie identifiers, page(s) visited, location, time of day). These advertising partners may use this information (and similar information collected from other services) for purposes of delivering personalized advertisements to you when you visit digital properties within their networks. This practice is commonly referred to as “interest-based advertising”, “personalized advertising”, or “targeted advertising.”
  • Disclosure in the Event of Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing, reorganization, bankruptcy, receivership, purchase or sale of assets, transition of service to another provider, or other similar corporate transaction, your personal data may be disclosed, sold, or transferred as part of such a transaction.

In addition, BESTPLAY will collaborate with third-party service providers who may have access to the User’s personal data, and will process User data on behalf of BESTPLAY in order to provide services.

Specifically, BESTPLAY will rely on the provision of services by third-party providers who carry out their activity, by way of example and without limitation, in the following sectors of activity: legal advice, fraud prevention, and technological and IT services.

Where the User is a resident in the European Economic Area or in the United Kingdom, he or she is informed that BESTPLAY may carry out international transfers of their personal data. In this event, BESTPLAY will ensure that the importer of the personal data is located in a country that the European Commission considers as providing an adequate level of protection, or where that is not the case, BESTPLAY will adopt sufficient safeguards to make sure the personal data is protected (for example, by the signing of standard contractual clauses).

§ User Responsibility

The User guarantees that the personal data provided to BESTPLAY is true, accurate, complete, and up to date. To this effect, the User is responsible for the accuracy of all the personal data provided and will keep the information provided suitably updated, so that it corresponds to their real situation.

Likewise, he/she guarantees that he/she has informed the third parties of whom he/she provides his/her data, if he/she does so, of the aspects contained in this document. Likewise, the User guarantees that the User has obtained their authorization to provide their data to BESTPLAY for the aforementioned purposes.

In any case, BESTPLAY is an intermediary, so the User shall be liable for any false or inaccurate information provided through the App and for any damages, direct or indirect, that this may cause to BESTPLAY or third parties, as well as for any possible civil or criminal liability that may arise from the activity of users on the App.

§ The User’s Privacy Choices and Rights

The User’s Privacy Choices. The privacy choices the User may have about the User’s personal data are described below.

  • Email Communications: If the User receives an unwanted email from BESTPLAY, the User can use the unsubscribe functionality found at the bottom of the email to opt out of receiving future emails. Note that the User will continue to receive transaction-related emails. BESTPLAY may also send the User certain non-promotional communications regarding BESTPLAY and the App, and the User will not be able to opt out of those communications (e.g., communications regarding the App or updates to this Privacy Policy).
  • Mobile Devices: BESTPLAY may send the User push notifications through the App. The User may opt out from receiving these push notifications by changing the settings on the User’s mobile device. With the User’s consent, BESTPLAY may also collect precise location-based information via the App. The User may opt out of this collection by changing the settings on the User’s mobile device. To request deletion of the User’s account, please use the standard deletion functionality available via the App, or contact us using the information set forth in “Identification and Contact Information” above.
  • Technologies: The User may opt-out of certain tracking on some mobile applications by following the instructions for Android, iOS, and others. However, cookie-based opt-outs may not be effective on mobile applications.
  • Additionally, the online advertising industry provides mechanisms that may allow the User to opt out of receiving targeted ads from organizations that participate in self-regulatory programs. To learn more, visit the Network Advertising Initiative, the Digital Advertising Alliance, and the European Digital Advertising Alliance.

Please note the User must separately opt out in each browser and on each device.

The User’s Privacy Rights. In accordance with applicable law, the User may have the following rights.

  • Right of access: The User has the right to be informed by BESTPLAY of whether it is processing the User’s personal data and, if so, to have access to such data and to receive information on the purposes for which they are processed, the categories of personal data affected by the processing, the recipients to whom the User’s personal data were communicated and the foreseen period for which the personal data will be kept, among other information.
  • Right of rectification and deletion: The User has the right to request the deletion of personal data provided that the legal requirements are met, and the rectification of inaccurate personal data concerning the User when, among other reasons, such personal data are no longer necessary for the purposes for which they were collected.
  • Limitation of processing: In certain circumstances (e.g., where the user disputes the accuracy of his or her personal data, while the accuracy of the data is being verified), he or she may request that the processing of his or her personal data be restricted and processed only for the purpose of pursuing or defending claims.
  • Consent withdrawal: The User also has the right to withdraw the consent at any time and free of charge, which will not impact the processing of the User’s personal data carried out on the basis of the User’s consent prior to the withdrawal.
  • Objection: The User has the right to object to the processing at any time, on grounds relating to the User’s personal situation, where the processing is based on our legitimate interest or on the legitimate interest of a third party (including processing for the purpose of direct marketing and profiling). In this case, BESTPLAY will cease processing, unless legitimate reasons can be demonstrated.
  • Portability of the User’s data: The User will has the right to receive the personal data that the User has provided to BESTPLAY in a structured, common, and machine-readable format, and to be able to transmit it to another data controller in the cases legally provided.
  • Automated individual decisions: Furthermore, in addition to the above-mentioned rights, in case of automated decisions, including profiling, the User has the right to obtain human intervention by BESTPLAY and to express the User’s point of view and challenge the decision.
  • Others: Similarly, where personal data are transferred to a third country or to an international organization, the User has the right to be informed about how the User can access or obtain a copy of the appropriate safeguards relating to the transfer.

In addition, the User may ask questions or raise concerns about the organization’s privacy policy or information processing practices.

If the User’s personal data is subject to the applicable data protection laws of the European Economic Area or the United Kingdom, the User may lodge a complaint regarding the protection of the User’s personal data with the competent supervisory authority, if the User considers that BESTPLAY has infringed the rights that are recognized by the applicable data protection regulations. The competent data protection authorities in the European Union may be found at the following link: https://ec.europa.eu/newsroom/article29/items/612080

If the User would like to exercise any of these rights, please contact us as set forth in “Identification and Contact Information” above. We will process such requests in accordance with applicable laws.

Only the User, or someone legally authorized to act on the User’s behalf in certain jurisdictions, may make a request to exercise the rights listed above regarding the User’s personal data. If the User’s personal data is subject to a law that allows an authorized agent to act on the User’s behalf in exercising the User’s privacy rights, and the User wishes to designate an authorized agent, please provide written authorization signed by the User and the User’s designated agent using the information found in “Identification and Contact Information” above and ask us for additional instructions.

To protect the User’s privacy, we will take steps to verify the User’s identity before fulfilling requests submitted under applicable privacy laws. These steps may involve asking the User to provide sufficient information that allows us to reasonably verify the User is the person about whom we collected personal data or an authorized representative. Examples of our verification process may include asking the User to confirm the email address we have associated with the User.

Some laws may allow the User to appeal our decision if we decline to process the User’s request. If applicable laws grant the User an appeal right, and the User would like to appeal our decision with respect to the User’s request, the User may do so by informing us of this and providing us with information supporting the User’s appeal.

§ Security Measures

BESTPLAY will process the User’s data at all times in confidence and will, in accordance with the provisions of the applicable regulations, adopt appropriate technical and organizational measures to ensure the security of the data and prevent its alteration, loss, unauthorized access. The measures will be defined taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk for the rights and freedoms of natural persons.

§ Access to the User’s Information and Their Choices

The User may access their information to update or correct it by sending an email to dpo@bestplay.app.

We may send the User important communications regarding the Services, and the User will not be able to opt out of those communications, except for those communications that are purely commercial.

The User may reject cookies and similar technology but some features or functionality may not operate properly.

§ Children’s Privacy

Our App is not directed to children under 18 (or other age as required by local law) and we do not knowingly collect personal data from children under the age of 18. The User must be at least 18 years old to use the App. If the User is a parent or legal guardian and thinks their child under 18 has uploaded personal data to the App in violation of applicable law, the User can email us at dpo@bestplay.app. The User can also write to us at the address listed at the top of this Privacy Policy.

§ Updates to This Privacy Policy

BESTPLAY reserves the right to revise its Privacy Policy from time to time in BESTPLAY’S sole discretion. For this reason, we ask the User to regularly check for the most recent version of BESTPLAY’s Privacy Policy. If we make any material changes to this Privacy Policy, we’ll notify the User, for example by posting the updated Privacy Policy on the App or sending other communications, and we’ll update the “Last Updated” date to indicate when those changes will become effective.

§ Acceptance and Consent

The User declares to have been informed of the content of this Privacy Policy.

Last updated: September 2024