Terms of Service (TOS) for the use of Games published by Sunday

This Terms of Service applies to the offer and use of all mobile games  "GAME" (hereinafter "GAME" or "App"), which is provided to you by Sunday GmbH, An der Alster 42, 20099 Hamburg, Germany (hereinafter also referred to as "we" or "us") for use on your mobile device. We develop and publish free mobile games and applications that aim to entertain and inform people. A complete list of the Apps/Games can be found at https://sunday.gg .

  1. Consent to the processing of personal data for the free use of GAME

In order to use GAME in the free version, you must consent to the processing of your personal data by Sunday GmbH and its advertising and analysis partners when you use GAME for the first time.

Can we collect and use your data to tailor your ads and experience?

The App you’re just using is provided to you by Sunday GmbH and is funded by advertisements presented to you during its use. For this reason, you must consent to the processing of certain personal data mentioned below in order to use this app if you want to use the App free of charge.

The advertisements are delivered and displayed within the App through our third-party advertisement partners, which will collect data, including demographic information, and use mobile identifiers and further data for ads and gameplay personalization and measurement.

What information is collected and how it is used

Most of the information used for this personalization is based on your device's advertising ID or identifier (Google GAID on Android devices or Apple IDFA on iOS devices). However, the processing of the mobile identifier is subject to your consent below.

Moreover, your IP address and general technical Information will also be collected from your device (the name and version of the app to which the ad is served, manufacturer and model, operating system name and version, the language of the operating system, etc.), to ensure that the App will run properly on your device.

In addition, your activities within the app when using it (such as usage history and duration, user journey/visited and used areas, dwell time, tapping actions and interactions with the app or advertisements) are captured in a transaction record.

The data as specified above is collected by our partners’ SDK integrated into the App. Our partners process the data to take part in the auction by selling advertising impressions to direct advertisers and to optimize the advertising experience for customers.

The information above will further be used for analytical purposes, particularly in order to show you ads for other games or apps we think you would enjoy – or even to determine that no ads will be presented to you.

Furthermore, this information will be used for billing purposes with the advertising providers (with regard to measuring conversions of advertisements and payment of the agreed commissions per conversion).  

For more detailed information on the data we process see Sections 5., 6. and 7. of this Data Privacy Statement that you find at https://static.sunday.gg/data_privacy_v1.3_latest.html .

Subject to your privacy choice below, your personal data will be retained and processed until you revoke your consent. However, if you choose not to agree to the processing of your advertising ID, we will anonymize your transaction record and process this anonymized data for billing and fraud prevention purposes on the basis of our legitimate interests.

Who our partners are and what data they may collect

Finally, our third party partners may use your advertising ID and/or your personal data to build a profile about you according to your preferences and household demographic information. Demographic information may include things like statistical data on your presumed gender, age and interests and they may use this information to personalize your ad experience to serve future ads you may see on the internet as well as inside their platforms.

If you consent to the collection of data for advertising and analysis purposes as part of your free use of GAME we may share the above data with the following categories of recipients and recipients:

These partners typically collect data through their own tools (software development kits or "SDK"). For these purposes, we contractually require our partners to obtain your explicit consent from their users. Below is a list of our partners that implement analytic SDKs through our Apps, as well as the privacy policies of their services that describe their handling of personal data and allow you to exercise your rights directly against them, as follows:

We help advertisers promote their products and services to audiences with a proven interest in similar products and services, and enable them to optimize their marketing spend with our advertising partners.

Some of these partners typically collect data through their own tools (software development kits or "SDK"), which is integrated in our App. An SDK, is a software component that allows them to serve ads in our App, and to collect information directly from our Apps. For these purposes, we contractually require our partners to obtain your explicit consent from their users. You can find a list of our partners who implement advertising SDKs through our Apps, as well as the privacy policies of their services, which describe their handling of personal data and allow you to exercise your rights directly against them, below:

Please visit our third party ad partners' privacy policies linked above for information on the personal data that they may have from all sources and your data protection rights (e. g. how you can access or delete the information they have about you) under applicable law in relation to the processing of your personal data.

The list of our partners may be updated from time to time and is always available here in its current version.

The transfer of your data is based on your consent (see above) and thus on the legal basis of Art. 6 (1) a) GDPR.

Data transfers to third countries

Please note that, to the extent necessary, our partners may transfer your personal data to their partners or to service providers based outside of the European Economic Area (EEA) and process your data on servers outside of the European Economic Area (EEA) on condition that the partners or service providers provide sufficient guarantees in relation to required level of data protection, e.g. through a (sub-contracting) data processing agreement which is based on the standard contractual clauses approved by the European Commission Decision (EU) 2021/914 on standard contractual clauses for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679, or based on other applicable transborder data transfer mechanisms.

If you consent, your data will be transferred to our international advertising and analysis partners, some of which are based in countries outside the European Economic Area (EEA), and further processing of your data outside the EEA, in particular in the United States of America (USA), cannot be excluded. The USA is assessed by the European Court of Justice as a country with an insufficient level of data protection according to EU standards. By clicking on "ACCEPT", you therefore consent at the same time pursuant to Art. 49 (1) a) GDPR that your data may be processed in the USA. There is then in particular the risk that your data may be processed by US authorities, for control and monitoring purposes, possibly also without any legal remedy.

Platform-Wide Personalization and changing your privacy choice

You can choose not to opt-in to a personalized experience by declining the personalized capturing of your data as described above and thus rejecting personalized ad display. This will apply to any advertising that comes from our advertising partners and also across all your applications to the extent that advertisements or experiences are served by our partners. Please note, that in this case you will still see advertisements when using the App, which may, however, be less interesting or useful for you.

If you want to enable a personalized experience platform-wide, you can access these options at any time in our Partner’s Data Privacy Statements or by tapping the Data Privacy icon when or after an ad appears. Please note that this will enable a full personalized experience across all applications that use the our partner’s services, subject to any app-level privacy choices you may make following this opt-in.

Our partner’s Data Privacy Statements

Our third party ad partners' privacy policies explain further details, including how and where your data is being processed and your data protection rights under applicable law in relation to the processing of your personal information. Please visit our third party ad partners' privacy policies linked above for information on the personal data that they may have from all sources, and your data protection rights (e. g. how you can access or delete the information they have about you) under applicable law in relation to the processing of your personal data.

You consent to the use by Sunday GmbH and its advertising and analytics partners of the following personal data in connection with your free use of GAME. In order for the free offer of the App to be financed by advertising partners, you agree to the corresponding collection and transmission of the above data to partners of Sunday GmbH for analysis and advertising purposes.

Date: 20.12.2023   Version: 1.3