Privacy Policy

Updated: June 3, 2024

Sponge Cake Cats LLC ("Sponge Cake Cats", "we", "our", or "us") greatly recognizes and values the privacy of people ("you" or "user") who visit our websites and use or access our mobile games, including but not limited to "Catfluencer: Rise to Fame" ("Sponge Cake Game(s)"), and/or otherwise use or access any of our provided services, including software systems and customer support (collectively the "Services " or "our services").

To the extent permitted by applicable law, children under the age of 13 (or other age threshold required by local laws) are not allowed to create any user account (“Account”) for the Services. If you are 13 or above but are considered a minor in your country (e.g. under 18 years old in some jurisdictions), you must have your parent or legal guardian read through this privacy policy ("Privacy Policy") with you and you represent that you have obtained the permission of your parent or guardian to create your Account.

If you are a parent or legal guardian of a minor in your country, please make sure that you have read this Privacy Policy before allowing your children to create their own accounts or to use the Services. You agree that you will be subject to this Privacy Policy and be responsible for your children’s activities while using the Services. You agree to supervise your children’s use of the Services and make sure that your children only view the contents that are age appropriate to your children.

This Privacy Policy describes why and how we collect, store, and use your personal data, and the choices and rights you have about the personal data you provide or we collect in connection with the Services. If you have any questions about this Privacy Policy, please contact us using the contact details provided in the “Contact and Complaint” section of this Privacy Policy.

We may periodically modify, adjust or revise the terms of this Privacy Policy due to change of the Services or update in applicable laws and regulatory requirements. You acknowledge and agree to check the updated terms of this Privacy Policy regularly. If you have any questions about the updated terms of this Privacy Policy, please contact us using the contact details provided in “Contact and Complaint” of this Privacy Policy. By continuing to use the Services you acknowledge that you have read and understood how we process your personal data according to the updated Privacy Policy.

This Privacy Policy informs you of the following information:

1. What Data We Collect and Process

2. Why Do We Collect and Process Your Personal Data

3. Advertisements and Your Choices

4. Cookies and Similar Technologies

5. Who May Access Your Personal Data

6. Data Retention

7. Your Rights and Choices

8. Securing Your Data

9. Age Limits and Children Protection

10. Contact and Complaint

11. Supplemental Terms – Jurisdiction-Specific

1. What Data We Collect and Process

(1) Data We Collect (either directly from users or through a third party)

i. Account Registration Information: When you create an Account, we may collect your username, email address, password, verification code, to help you create and manage the account for your use of our services, to provide game login services and for other purposes related to the Services as set forth in this Privacy Policy.

ii. Personal Profile Information. You can choose to create your personal profiles (where available) in our services by setting a nickname, creating your personal signature, uploading your avatar and other information depending the setup of our services.

iii. Game Data. We process this information about your gameplay status, progress and usage statistics to provide you with feedback and information, and for other purposes set forth in Section 2 of this Privacy Policy.

iv. User Service Information. When you seek our technical and/or customer service support and/or exercise any of your legal rights as the data subject, we may collect the information that you provide in communications with our support team.

v. Data we receive if you link a third party tool with the Service

vi. Demographic data (such as to determine the approximate location of your IP address)

vii. Data to fight fraud (such as refund abuse in games or click fraud in advertising)

viii. Data from platforms that the games run on (such as to verify payment)

ix. Data for advertising and analytics purposes, so we can provide you a better Service

2. Data We Automatically Collect

To ensure security and a stable operation, we may automatically collect data using mechanisms like cookies, browser web storage, and application data caches. The categories of data we automatically collect may include:

(1) Device related data (including device ID, device name, device type/model, MAC address, IMEI data, OS version and language, time zone, screen DPI, device resolution, memory data);

(2) Data related to bugs, errors, crashes and diagnosis and other data related to security, and system activity details;

(3) Data about your account and game progress;

(4) Your IP address and mobile device identifiers (such as your device ID, advertising ID, MAC address, IMEI);

(5) Data about your device, such as device name and operating system, browser type and language;

(6) Data we collect with cookies and similar technologies (see more below)

(7) General location data;

(8) Precise geo-location data (GPS, with your consent);

(9) Data about your use of the Service, such as gameplay data and your interactions with other players inside the Service; and/or

(10)In most cases, we also create a specific game player ID for you when you use the Service.

3. Why We Collect and Process Your Personal Data

In order to provide the Services to you, we collect and process your personal data for one or multiple purposes including to:

(1) allow you to access or restrict your access to our services;

(2) provide you the services required by you and perform our contractual obligations towards you;

(3) analyze and manage our services for system administration, user service, security, fraud-detection, checking the authenticity of an account owner, archival and/or backup purposes;

(4) correct bugs or errors, improve our services and respond to customer desires and preferences, including language and location customization, personalized support and instructions, and other responses;

(5) develop new services or products and improve the user experience;

(6) verify and confirm payment;

(7) deliver advertising that may be relevant to your interests and track the success of our advertising and marketing programs;

(8) communicate with users (including by push notifications or through our user support);

(9) personalize your experience;

(10)keep you up to date with the latest product announcements, and provide other information pertaining to our Services;

(11)provide software verification, upgrades and administration, notify of special events;

(12)fulfill our obligations under applicable laws and regulations, respond to requests of government authorities;

(13)establish, exercise or defend legal claims;

(14)analyze, profile, segment, merge and/or update all collected data (regardless of an aggregated or individualized manner) for the purposes of improving service quality and providing a better experience;

(15)protect the integrity, information safety, and financial security of our services or users, comply with legal obligations, and enforce compliance with the Terms of Service or other restrictions placed on your use of our services;

(16)for any other purposes for which we provide specific notice at the time the information is collected.

4. Advertisements and Your Choices

For the purpose of providing personalized advertisements, you acknowledge and agree that we may collect and process the data to:

i. Deliver, target and improve our advertising; and/or

ii.improve advertising and other marketing and promotional activities.

We or our authorized contractors may deliver advertisements, marketing or promotional communications. If you do not wish to receive such information, you may request that we or our contractors remove your data from the contact list.

Pertaining to the advertisements, marketing or promotional communications, you may be able to opt-out of receiving such communications in accordance with the instructions therein, such as email, online communication channels, or other contact methods provided by us.

5. Cookies and Similar Technologies

In order to measure the effectiveness of our services, we may use cookies, which are small text files for added functionality or for tracking site usage. We may use cookies and/or authorize a third-party’s tracking-utility, from time to time, (a) to log your IP address in determining the path that users take on our sites and identifying repeated users of our sites, (b) to collect the websites or sources that linked or referred you to our services, and/or (c) to collect technical data about the devices and software you use to access our services, the operating system of your devices, and other similar technical data. If you do not wish to accept cookies or want to be notified of when they are placed, you may set your web browser to do so, if your browser permits.

We use the cookies, web beacons and similar technologies to personalize your experiences on our services and for various other purposes, including:

(1) remembering you: cookies, web beacons and similar technologies help us identify you as a registered user and keep the preferences or data that you have previously provided;

(2) analyzing how you use our services: cookies, web beacons and similar technologies help us understand what visitors (including users) are doing on our services, or what pages or sections are most popular; and/or

(3) deliver advertising: cookies, web beacons and similar technologies help us provide you with advertising that we believe is relevant to you or of interest to you, on the basis of the data you provide.

We or our authorized contractors may use cookies and similar technologies to provide and personalize services, prevent fraud and fulfil other purposes mentioned above. Please note you may be able to disable cookies in your browser settings, but if you do so some parts of our services may then not function properly.

6. Who May Access Your Personal Data

In addition to Sponge Cake Cats and/or its affiliates, other parties may also access your personal data in the following situations. You acknowledge that you have foreseen the occurrence of such disclosure when you provide your personal data.

(1) Competent Authorities

We may provide a certain portion of your personal data to governmental authorities as so requested according to applicable laws and regulations. Besides, we may disclose certain portion of your personal data within a strictly limited scope of recipients when we reasonably think it is necessary to protect us, our users or a portion of the public.

In addition to be required by applicable laws and regulations, we reserve the right to disclose your personal data in the cases if we, in our good faith, believe that disclosing such data is necessary to identify, contact, or bring legal action against you, if we reasonably believe that (a) you are violating any other agreement(s) between you and us, such as the Terms of Service, this Privacy Policy or otherwise damage us; (b) you are infringing third-parties’ rights and interests (including but not limited to intellectual property rights); and/or (c) it is necessary to prevent fraud or other illegal activities.

(2) Third-Party Vendors

We may work with the following types of third parties on or through our services to help us provide services and functionalities to you:

i. Social networking portals who provide login and/or content-sharing service to and in our services;

ii. Payment service providers who provide payment services, such as assisting our services to run on, facilitating users’ payment, and maintaining a record of the users’ transaction history;

iii. Advertising service contractors who provide marketing and advertising activities, including showing you ads that we think may interest you, conducting the programs, tracking the success, and analyzing the effect thereof;

iv. Partners who process your data only at and according to our instructions to provide the Service, such as hosting, player support, advertising, analytics and fraud prevention.; and/or

v. Other contractors, if any, for the purpose of providing our services to you.

When specific third parties are involved in collecting data and information, please refer directly to their privacy policies on their official websites and learn more about their data processing practices.

We may also disclose your information with your permission.

7. Data Retention

We will keep your data only for as long as your account is active or only for as needed to provide you the game services unless deleted in accordance with your request or as otherwise required by law.

You acknowledge and agree that your data will be processed on our servers which may not be located in your country/region of residence and can be accessed by our support, engineering, our affiliates, and/or our contracts that provide such server services around around the world.

In the case you request to remove or delete your personal data, we will retain your data as long as necessary for applicable laws and regulations, such as to comply with our legal obligations, resolve disputes, and/or enforce the agreements between you and us. Please note that the removal or deletion of any of your data may result in the termination of some or all of our applicable services.

Where required by law, we will only store your information as long as necessary to fulfil the purposes for which the information is collected and processed or where the applicable laws and regulations provide for longer storage and retention period. Upon the expiration of such period, your personal data will be deleted, blocked or anonymized, as provided by and in accordance with applicable laws and regulations.

8. Your Rights and Choices

Subject to the applicable laws and regulations, you may have the following data protection rights as a user of our services and to withdraw your consent. You also have the right to complain to the local authorities.

To exercise any applicable rights below or to exercise any other statutory data subject rights you may enjoy under applicable laws and regulations, you may contact us using the contact details under the “Contact and Complaint” heading below.

To protect the security of your Account and your personal data, we may ask you to provide certain additional information before we respond to your requests. Under some circumstances, we may refuse to comply with your request as permitted by applicable laws and regulations. We may also charge a reasonable fee for complying with your request in accordance with applicable law, e.g. if your request is clearly repetitive or excessive.

(1) Right to Know about Personal Data Collected or Disclosed

You may have the right to access your personal data that we hold about you, i.e. ,(i) information whether your personal data is collected or disclosed, (ii) categories of your personal data which has been collected or disclosed, (iii) categories of sources from which your personal data is collected, (iv) business or commercial purpose for collecting or disclosing your personal data (if any); and you have the right to require us to provide a duplicate of your personal data undergoing processing, subject to submitting a verifiable request to us using the contact information in section “Contact and Complaint” below. You may also be able to exercise the right to access some of your personal data through the privacy setting available in the services (e.g. profile page or privacy dashboard), where applicable.

(2) Right to Rectify

If we process your personal data, we shall endeavor to ensure by implementing suitable measures that your personal data is accurate and up to date for the purposes for which it was collected. If your personal data is inaccurate or incomplete, you may have the right to request for rectification of your inaccurate personal data according to applicable laws and regulations and you can modify the information in the privacy setting of the services (if available).

(3) Right to Request Deletion of Personal Data

You may have the right to request the deletion of your personal data, if the reason as stated in Section 2 of this Privacy Policy does not exist anymore, or if there is another legal ground for its deletion, subject to submitting a verifiable request to the contact details under the “Contact and Complaint” below.

You acknowledge and agree that as a result of deleting your Account, you will lose access to game related services, including the account information, subscriptions and game-related information linked to such Account and lose the possibility to access other services through the Account.

(4) Right to Opt-out of Marketing Communications

You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing messages we send you.

(5) Right to Complain

You may have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority where applicable.

(6) Right to Withdraw Your Consent

If we have collected and processed your personal data with your consent, you can withdraw your consent in accordance with applicable laws. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your personal data conducted in reliance on lawful processing grounds other than consent. In many circumstances, we need to use your personal data in order for us to provide you with our services which you require. If you do not provide us with the required personal data, or if you withdraw your consent to our use and/or disclosure of your personal data for these purposes, it may not be possible for us to continue to serve you or provide you with the services that you require.

9. Securing Your Data

Pertaining to your use of our services, we have endeavored to take reasonable measures to prevent unauthorized access to or improper use of your personal data, such as organizational controls, technical protection, and other protection measures.

Unfortunately, the transmission of information via the internet is not completely secure. While we strive to protect your personal data, we also remind you to be aware of hacking, cyber-attacks, and other risks on the Internet.

Therefore, we strongly urge you to take every possible precaution to protect your personal data when using our services, including but not limited to changing your passwords from time to time, using a combination of letters and numbers when creating passwords, using a secure browser and/or taking other possible security measures.

Please be aware that advertisers or websites with links to and/or from our websites may collect personal data about you. This Privacy Policy does not apply to such third party services, and cannot control the activities of, those other advertisers or websites. We highly recommend that you read the privacy policy of such third-party websites which you may be directed to before providing any personal data.

10. Age Limits and Children Protection

You represent that you are not a child under the age of 13. Children under the age of 13 (or other age threshold required by local laws) are not allowed to create any Account for the Services, to the extent permitted by applicable law. If you are 13 above but are considered a minor in your country (e.g. under 18 years old in some jurisdictions), you must have your parent or legal guardian read through this Privacy Policy with you and you represent that you have obtained the permission of your parent or guardian to create your Account.

Notwithstanding the foregoing, we recognize that we have a special obligation to protect children in regard to the collection and processing of personal data. We strongly urge parents and guardians to instruct their children never to disclose or give out their personal data when using our services without the prior permission of their parent/guardian. If we learn that we have collected personal data about a child under the age of 13, we will take steps to delete that data as quickly as possible. Also, if you believe that we might have any data from or about a child, please contact us using the contact details under the “Contact and Complaint” below.

11. Contact and Complaint

If you have any requests, concerns, questions about us, this Privacy Policy or how we process your personal data, or you want to make any complaints or want to exercise your data subject rights, please contact us as soon as possible by emailing us at privacy@spongecakecatsllc.com

12. Supplemental Terms – Jurisdiction-Specific

(1) Additional Information for California Residents

California Consumer Privacy Act. The CCPA requires us to provide our users who reside in California with the additional notice below. For the purposes of this notice, Personal Information means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household, or as otherwise defined by the California Consumer Privacy Act of 2018 (California Civil Code §§ 1798.100 to 1798.199) and its implementing regulations, as amended or superseded from time to time (“CCPA”).

Personal Information does not include information that is:

· Lawfully made available from government records.

· Deidentified or aggregated.

· Otherwise excluded from the scope of the CCPA.

· We collect and disclose for a business purpose the following categories of personal information:

· ContactInformation and Identifiers, including name, alias, online identifiers, IP address, email address, or other similar identifiers.

· Customer Records, including name,telephone number, and financial information (such as payment and bank account number).

· Commercial Information, including products or services purchased or obtained.

· Internet or Other Electronic Network Activity Information, including browsing history, search history, and information regarding a user’s interaction with an internet website or application.

· Inferences, such as consumer preferences drawn from the above.

As noted above, in order to provide Services to you, we collect and process your personal data for one or multiple purposes including to:

· Allow you to access or restrict your access to our services;

· Provide you the services required by you and perform our contractual obligations towards you;

· Analyze and manage our services for system administration, user service, security, fraud-detection, checking the authenticity of an account owner, archival and/or backup purposes;

· Correct bugs or errors, improve our services and respond to customer desires and preferences, including language and location customization, personalized support and instructions, and other responses;

· Develop new services or products and improve the user experience;

· Verify and confirm payment;

· Deliver advertising that may be relevant to your interests (you may be able to turn this feature on or off in the device settings as stated hereunder);

· Communicate with users (including by sending text messages and/or push notifications) and take action against violations;

· Personalize your experience;

· Keep you up to date with the latest product announcements, and provide other information pertaining to our services;

· Provide software verification, upgrades and administration, notify of special events;

· Fulfill our obligations under applicable laws and regulations, respond to requests of government authorities;

· Establish, exercise or defend legal claims;

· Analyze, profile, segment, merge and/or update all collected data (regardless of an aggregated or individualized manner) for the purposes of improving service quality and providing a better experience;

· Protect the integrity, information safety, and financial security of our services or users, comply with legal obligations, and enforce compliance with the Terms of Service or other restrictions placed on your use of our services; and/or

· For any other purposes for which we provide specific notice at the time the information is collected.

(2) Additional Information for the EEA and UK residents

If you are in the European Economic Area (EEA) or the United Kingdom (UK), the following additional information applies to you in addition to the Privacy Policy set out above.

Data Subject Rights

In addition to the information set out in the Privacy Policy above, you have the right to:

· ask us to restrict the processing of your personal data and data portability,

· to object to the processing of personal data.

Legal basis for processing your personal data

Our legal basis for collecting and using the information described our Privacy Policy above is:

· To establish and perform our contract with you (i.e. our Terms of Service) and to provide our services;

· For our or our partners’ legitimate interests, where those interests are not overridden by your data protection interests of fundamental rights and freedoms, e.g. to protect our legal rights, to pursue or defend legal claims, to improve our services;

· Consent, where obtained separately;

· For compliance with our legal obligations under applicable laws and regulations;

· To protect our or your vital interests or those of another person (for example, another player), e.g. against fraud and violations of our terms;

· While we typically do not collect sensitive or special category personal information, where we do this, it will be on the grounds of consent or other applicable lawful basis.

If you have questions, need further information about the legal bases for processing your personal information, or want to withdraw your consent, please see section 10 “Contact and Complaint” in the Privacy Policy above.

Cross-border data transfer

We may transfer your personal data to our affiliates, third party service providers and partners that operate around the world, which are located in countries other than the country in which you are resident. These countries may have data protection laws that are different to the laws of your country.

Children's Notice

Our Services are not marketed to, or intended for, children. Children for the purposes of our Services are (a) under the age of 13 years old or, if older (b) between 13 and 18 years old but under the age at which they can give valid digital consent to processing of their personal information under applicable data privacy laws. We strive to follow the different minimum age guidelines set by the laws of individual regions when determining the age that children can access certain features of our Services.

Children are not permitted to use these Services, and we do not knowingly collect any personal information from children. Though our Services are not intended for children as the primary audience, we may collect age information before allowing a user to proceed for certain Services. If we learn that we have inadvertently gathered personal information about a child that is not subject to an exemption under applicable privacy law, we will take measures to promptly remove that information from our records.

Data Protection Supervisory Authority

To lodge a complaint with your national or regional data protection supervisory authority, please contact the competent authority.