Where can I find the most updated Telescope Labs' terms?

• Our Terms and Conditions, including our Data Protection Agreements, are available at Terms and Services

  
  

• Our Privacy Notice is available at Privacy Policy

What is Personal Data?

• According to the EU General Data Protection Regulation 2016/679 (GDPR), “Personal data is any information that relates to an identified or identifiable living individual. Different pieces of information, which collected together can lead to the identification of a particular person, also constitute personal data.

  
  

• Personal data that has been de-identified, encrypted or pseudonymised but can be used to re-identify a person remains personal data and falls within the scope of the law.”

  
  

• This means that not only personally identifiable information like the user’s name, email address, or device ID (IDFA/GAID) is personal data, but any data we can associate with a person, even if we cannot identify that person in the real world.

  
  

• Any data associated with one individual (or an ID referring to one individual, even if it is a randomly generated ID) is Personal Data – including actions they have taken in a game, such as starting the tutorial, picking a character, beginning or ending a session.

What is Telescope Labs' status under GDPR?

• Telescope Labs and a game developer are Joint Controllers under GDPR (Art. 26), since jointly determine the purposes and means of processing.

  
  

  • Telescope Labs and game developers jointly determine which types of data form part of the game data and their use;

    
    

  • Game developers determine which of their games form part of the game data;

    
    

  • Telescope Labs collects and processes game data for analytics and advertising purposes;

    
    

  • Game developers may determine how to use game data as independent data controllers, but only once this data has been downloaded from Telescope Labs systems (if applicable).

What kind of data does Telescope Labs collect?

We collect personal data from two categories of individuals:

• Game developers – Telescope Labs’ clients who track the performance of their game(s) with Telescope Labs;

  
  

• Game players – the actual players (end-users) of games tracked with Telescope Labs’ SDKs. Please find additional information HERE.

What are game developers’ disclosure obligations?

Game developers must provide an in-app disclosure of data access, collection, use, and sharing. The in-app disclosure:

• Must be within the app itself, not only in the app description or on a website;

  
  

• Must be displayed in the normal usage of the app and not require the user to navigate into a menu or settings;

  
  

• Must describe the data being accessed or collected;

  
  

• Must explain how the data will be used and/or shared;

  
  

• Cannot only be placed in a privacy policy or terms of service; and

  
  

• Cannot be included with other disclosures unrelated to players personal data collection.

Is Telescope Labs allowed to collect and process this game data?

Yes, as long as:

• game players (end-users) accepted game developers’ terms & conditions for analytics and game optimization purposes. When game developers process personal data for such purposes, they must limit access, collection, use, and sharing of personal players’ data acquired through the Telescope Labs’ SDKs to purposes directly related to providing and improving the features of the game.

  
  

• game players (end-users) consented to their data being collected and used for marketing and advertising purposes.

How do game developers get consent to collect this data?

• Game developers must ask game players (end-users) for their freely given, specific, informed and unambiguous consent when the game opens and before any data has been sent to Telescope Labs. The consent must include that their data will be used for marketing and advertising purposes. Game developers must also have a publicly available privacy notice and terms & conditions that can be reviewed by game players (end-users).

  
  

• In-app disclosure must accompany and immediately precede a request for player consent. Game developers must not access, collect or share any personal data until the player consents.

• The app’s request for consent:

  
  

  • Must present the consent dialog clearly and unambiguously;

    
    

  • Must require affirmative user action (e.g., tap to accept, tick a check-box);

    
    

  • Must not interpret navigation away from the disclosure (including tapping away or pressing the back or home button) as consent; and

    
    

  • Must not use auto-dismissing or expiring messages as a means of obtaining user consent.

Does Telescope Labs store records of consent?

• For game developers – we will store a record of consent in our game developers database and management systems.

  
  

• For game players – consent collection and storage is under the sole responsibility of each game developer.

Can personal data be transferred outside of EU territories?

• Yes, but only if appropriate safeguards are in place. Telescope Labs data resides in Azure and GCP. Telescope Labs rely on the EU Standard Contractual Clauses (SCC) (also known as EU Model Clauses) to transfer data to its vendors located in third-countries, since the SCCs provide specific guarantees around transfers of personal data for in-scope services. The EU Model Clauses are used in agreements between service providers (such as Azure) and Telescope Labs to ensure that any personal data leaving the EEA will be transferred in compliance with the applicable privacy laws.

• In July 2020, the Court of Justice of the European Union (CJEU) invalidated the EU-US Privacy Shield Framework for transfers of personal data from the EU to the United States. However, the EU Model Clauses continue to provide a valid mechanism for the transfer of personal data from the EU and EEA, as well as from Switzerland and the United Kingdom.

Chinese PIPL compliance

• PIPL is an acronym for the Personal Information Protection Law (PIPL), a data privacy law passed by China’s National People’s Congress to protect the data privacy of natural persons based in the People’s Republic of China (hereinafter “China”).

• PIPL came into effect on November 1, 2021 and requires players in China to affirmatively consent (“Opt-In”) to have their personal information transferred and processed outside of China. Game developers must ensure their game is using a consent solution to comply with PIPL. Only data from game players who have consented to both ads personalization and to have their personal information transferred outside of China can be processed lawfully.

Further questions

• Please reach out to our Privacy Team at support@telescopelabs.io