This Privacy Policy is where we explain what information is collected when you’re using THEMATIC.MARKET, how it is collected, how we use that information, where we store it, and how we protect it. We will also explain your rights in relation to the information.
California Residents: Click here for the California Privacy Notice.
1. Who we are
We are Thematic Market, a company based in the United States (we will further call ourselves “TM”). When we discuss our products (such as themes, icon packs, wallpapers, backgrounds, app skins, etc.) we will call them “thematics”.
2. What this privacy policy governs
2.1 This Privacy Policy applies to www.THEMATIC.MARKET, your TM user account, TM GALAXY (including TM GALAXY store), any thematics or other content which you purchase, access or use via THEMATIC.MARKET, the ‘TM Wallet’, TM payment methods, the TM web forums, TM customer and technical support and any other services we provide to you (we’ll just call all this “TM services” for short).
2.2 Specifically, this Privacy Policy governs personal information and non-personal information which we collect from you when you’re using TM services. (“Personal information” means information which, on its own or in combination with other information, can be used to identify you).
2.3 We respect your right to privacy and will only process personal information in accordance with applicable data protection legislation in the EU, the USA (including the Children’s Online Privacy Protection Act) and elsewhere.
2.4 TM works with trusted partners, developers and publishers, payment providers, customer service software providers and others (“Trusted Partners”) – more on them later in this Policy.
2.5 For personal information contained in this Privacy Policy which is used by TM, TM is the data controller under US data protection legislation.
3. Protecting Children
3.1 We recognise we have a special obligation to protect personal information obtained from children. We do not and will not knowingly collect personal information from any child under the age of 16. If for any reason we decide to collect personal information of children between 13 and 16 we will ask for their parent or guardian consent. If you are a parent or guardian and are concerned about the transfer of personal information about your child, please contact pr*****@th******.market.
4. Information we collect
4.1 When you register a TM account with us, you will need to provide us: (a) your username; (b) your email address; and (c) a password (which is encrypted so that we don’t have access to it). This information is necessary for us to provide you with a TM account requested by you. In your TM account settings you can also set your date of birth, avatar, and your geographical location. This information will be protected by your TM account password. You are responsible for keeping it safe – please don’t share it with anyone.
4.2 When you use TM services we may also collect the following information (how we use it is described later in this document):
- (a) Technical details about devices which you use to access TM services, including: Internet and/or network connection (including your IP address); mobile device identifiers; your operating system, browser type or other software; your hardware details; or other technical details provided by your web browser. This is technical data about our users and their actions and patterns, which does not provide personal information;
- (b) Details of your use of TM services including, but not limited to: metrics information about when and how you use TM services (such as what thematic(s) you are downloading, your current status, your interactions with THEMATIC.MARKET); order status; order ID; traffic data; your geographical location; your purchase history; download library; emails received; and links accessed; your preferences and choices such as subscriptions, preferred language and currency; your wishlists on TM; your communication via chat, product reviews, published posts on forum and other TM services;
- (c) Other information required in order to help you with any queries/support you may need assistance with via the TM forums or customer support, including communications with you;
- (d) limited payment processing information, including as applicable your credit card number, name and email address (on a hashed/anonymised basis as applicable), payment methods, payment engine and transaction type; fraud risk score;
- (e) if you use Facebook Connect we may also collect limited information through Facebook Connect such as your Facebook ID, avatar, e-mail and friend list;
- (f) any other information which you supply us via our services;
4.3 A quick word about payment details (if/when you use them in TM services): this is a matter for the relevant payment method/platform/processor. We process only limited payment processing information on a hashed/anonymised basis as applicable. If you make any purchases within TM services, then we are notified by the payment processor once a transaction takes place and of course we make sure you receive your purchased item, but we will not receive any of your actual payment details.
5. How we collect information from you
5.1 We may collect, process and use information about you in the following ways (either directly or via our Trusted Partners as explained above): (a) information you give us via TM services; (b) information given when you contact us or report a problem with TM services; (c) through our API which allows third party platforms to sell content which is activated by TM (“TM Direct to Account API”) and (d) we may also ask you to complete surveys that we use for research purposes, although you don’t have to respond to them. We may collect this information via TM services or trusted third parties connected with us for optional things like surveys or polls.
5.2 Facebook Connect. When you register for TM services via Facebook Connect (of course, it’s optional), Facebook will provide us with certain information about you such as your Facebook ID, avatar, e-mail, gender, location and friend list. Data is gathered strictly in accordance with the social network(s)’ terms and conditions, so check your privacy settings on Facebook.
6. Cookies
We also collect information about you via cookies. You can find out more about this in our Cookie Policy here. The Cookie Policy forms part of this Privacy Policy.
7. Why do we use your data? (legal grounds for data processing)
7.1. When we process information about you, we do so as necessary to provide TM services you use (i.e. to perform agreement between us, enable you to download or purchase content or use THEMATIC.MARKET features), meet our legal obligations (f.ex. tax, accounting) or to fulfill the so-called “legitimate interests” of TM or other reasons described in the “How we use your data” section. To clarify, by legitimate interests we mean lawful purposes that could be reasonably expected (like informing you about games we distribute and making sure our marketing is relevant for you, protecting the security of our websites and systems, conducting anti-cheat analysis and anti-fraud checks). When we rely on the legitimate interest, we consider and balance any potential impact on you and your rights. For other purposes we will ask for your consent and you will be entitled to withdraw this consent any time, with no impact on the validity of the processing before your consent has been withdrawn.
7.2 When we transfer your data outside of the US, we do so on the basis of a variety of legal mechanisms, as described in “Trusted Partners”.
8. How we handle your information
8.1 All information you provide to us is stored on our secure servers or those of our Trusted Partners. We implement appropriate technical and organisational measures to protect your personal data against unauthorised or unlawful processing, accidental loss, destruction or damage.
8.2 How long are we going to keep your data? We will retain your personal information only for as long as we will be required in order to fulfil the purposes outlined in this Privacy Policy. In certain special cases, a longer retention period might be required by law e.g. tax, accounting purposes or other legal requirements and obligations. As soon as we will no longer require your personal data to provide our services for other purposes mentioned above, we will promptly delete or anonymize it. In particular:
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(a) we will keep information that is associated with your TM account for the duration of your agreement for the access to TM services (i.e. until you close your TM account). If you choose to close your TM account, limited data that we collect about you may still be retained for tax, legal and accounting purposes;
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(b) if you don’t have a TM account and contact us we will retain correspondence with you as long as necessary to help you out and then for the period necessary for legal or accountability purposes;
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(c) information that you post on our public forums and any reviews will be retained until you decide that it should be removed as well. We don’t want to interfere with your posts and expressions without your permission.
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(d) if you use THEMATIC.MARKET and connect your accounts from other platforms with THEMATIC.MARKET we’ll be storing your imported data only as long as you stay connected with the relevant platform. This information will be deleted once you disconnect with the platform or anytime you ask us to delete your data. However, if you purchased any content via TM, we will need to retain your payment history, product ID and entitlement ID for tax, legal and accounting purposes.
9. How do we use your information
9.1 We will use the above information in the following ways:
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(a) to carry out our obligations arising from any contracts between you and us, like providing access to your TM account, providing you with the thematics and products and technical support and in general allowing to use TM services and its functionalities when you choose to do so f. ex. your TM user profile, chat, forum or cloud saving and cloud services in TM;
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(b) to ensure that TM services are presented in the most effective manner for you and for your computer or other device from which you access TM services;
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(c) to provide you with information, products or services that you request from us and which we feel may interest you – in particular, we may send you newsletters or emails about TM services, special and occasional offers like a welcome offer or provide you with ads, offers and product recommendations on the basis of your purchases or activity on our and third party websites and services, as well as about TM’s thematics and services (of course, it’s optional)
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(d) to activate content on your TM account through our Direct to Account API;
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(e) to evaluate the effectiveness of our marketing actions and improve the quality of our marketing;
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(f) to notify you about changes to TM services and our legal documents;
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(g) to improve or modify TM services, f.ex. based on which thematics you like, how you use them, reported problems, your suggestions or satisfaction surveys;
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(h) to calculate conversion rates and other elements of THEMATIC.MARKET performance;
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(i) in connection with the services of our Trusted Partners, such as payment processors, located in and outside the US, but only to the extent necessary to provide those services;
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(j) to provide you with optional functionalities such as authentication via Facebook account;
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(k) to create a universal user’s profile based on information about your use of TM services and other platforms (we’ll rely on data made available when you merge your TM account with your account on other platforms) in order to make our Services even more interesting for you;
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(l) for the accountability purposes as defined by US legislation; and
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(m) for tax, legal and accounting purposes;
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(n) to provide you with THEMATIC MARKET features if you decide to use it.
9.2. Whenever we’re personalizing or targeting our marketing communications, offers and adverts, we may profile your personal information. We do not make however automated decisions (f.ex. via algorithms) that could affect your legal situation. If you decide that you no longer want to receive personalized offers, product recommendations from us, or no advertising news at all, you can object to this at any time. You can also choose whether to receive marketing communication from us, including personalized and targeted marketing emails by managing subscriptions on your TM Account Subscription page, following the link “unsubscribe” attached to our marketing emails or just contacting us directly here.
9.4 Non-personal data. We might process some aggregated and general non-personal data on user behaviour (e.g. sales per region, number of support tickets) and share it with Trusted Partners who work with us to provide TM services to you (for example, with thematic developers/publishers selling thematics on THEMATIC.MARKET or with payment providers) in order to support, improve or amend TM services or to help them to improve their products, which you have bought. We may also share non-personal information with data analysis services to help us run TM.COM. Fear not, as mentioned above, everything’s anonymised, so you cannot be identified.
10. Data Sharings
10.1 Some elements of your personal information and some information about your use of TM services are accessible to other TM users. For example: other users of TM services will be able to see your username and avatar (if you choose to have one). We may also display other information derived from your activity on TM services. We do this to help TM users to find themers with similar tastes and to build the TM user community. You can manage the privacy settings of your TM user profile in your TM account.
10.2 How you use your information. Please remember that any communications you have via TM services (e.g. via private messages, chat or the TM forums) may reveal your screen name, other details about you and the content of any communications by you with other users. Also, any information and content you share publicly using TM services (e.g. on our forums or your TM user profile) will be accessible to TM users and others. Consider carefully with whom you share your information and avoid sharing contact or private information about yourself.
Our Trusted Partners
10.3. In general, we do not disclose information about you to third parties without your consent. We may share your data only with the following categories of third parties who were engaged by us to help deliver our services and functionalities to you (they are formally called “Data Processors”). When we provide your information to these Trusted Partners, their use and disclosure of it is subject to limitations in our agreements with them:
- Customer support partners that provide us with software and support ticket system to help us managing your customer support requests (like Zendesk Inc.);
- Advertising and advertising measurement partners to facilitate targeting, delivery and measurement of online advertising on third-party services (such as Google Adwords) or that provide us with email delivery tools (such as GetResponse);
- TM’s subsidiaries and affiliates, who help us providing you with services and enable you to participate in events;
- Third party vendors that provide us with error tracking and crash reporting tools;
- Third party platforms that may sell content which is activated by GOG using our Direct to Account API (more details of which can be found in our User Agreement);
- If you purchase via THEMATIC.MARKET – third party platforms that you have chosen to connect your TM account to activate your purchased content on that external platform ;
- Third party network providers to optimize delivery of TM content you requested (we share only your IP address and the identification of TM content you wish to access);
- Data storage partners: we may store some of your information using third-party data storage services, e.g. for cloud saves, we may use Google services to run surveys on THEMATIC.MARKET;
- Our professional advisors dealing f.ex. with legal, tax, audit or accounting matters.
10.4 During the payment process, we may also share information about you with the following categories of third partners who handle it independently as the so-called data controllers:
- payment-providers for payment processing purposes;
- banks and financial institutions to obtain payment;
- anti-fraud service providers;
10.5 Some forms on this site require the use of Google’s reCAPTCHA service before they can be submitted. This plugin checks if you are a person in order to prevent certain website functions from being (ab)used by spam bots (particularly comments). Use of the reCAPTCHA service is subject to the Google Privacy Policy and Terms of Use.
10.6 Your information may be processed, stored and transferred outside your country of residence and beyond the US, such as the EU, Canada or Brazil. Privacy laws in these countries may not offer the same level of protection as in your country or in the EEA. But whenever we’re sharing your personal information outside the EEA and Switzerland, we will do so on the basis of the EU standard contractual clauses and/or other lawful measures to transfer your data and establish adequate protection of your personal information
11. Third party information collection and external services
11.1 TM services may, from time to time, contain links to and from the websites or services of third parties (e.g. to thematic developers whose thematics are on TM). In addition, third parties (e.g. thematics developers/publishers) may also collect personally identifiable information (e.g. your email address or name) if you want to access additional game services, but they can collect any such information only after you have been informed of it and consented to it. This may include saving information to your TM profile in relation to their products. Our Privacy Policy does not extend to these external sites or companies, so please refer directly to their privacy policies. This also applies to THEMATIC.MARKET integrations created by the community.
11.2 TM services may also offer you easy and optional access to TM-approved Trusted Partners’ services, e.g. the websites and thematics provided by any of our parent or sister sites. In order to do this, we will need to share some of your personal information (e.g. your email address) with them, as long as you agree to it. This personal information will be protected under our Trusted Partner’s privacy policy.
12. Other stuff
12.1 Please be aware that we are subject to various laws and we may be required to release personal information to comply with law enforcement or other legal requirements.
12.2 In the unlikely event of a reorganisation or merger of TM or TM accounts we may transfer personally identifiable information to an involved third party who will protect this to at least the same level as we do in this Privacy Policy.
13. Your rights
13.1 You have the right to object to the processing of your personal data in certain situations f.ex. for marketing purposes at any time. You can do so by contacting us at pr*****@th******.market, here or by changing your email settings within your TM account, or here. Also email communications from TM to you will contain an opt-out/unsubscribe option.
13.2 Depending on where you live, you may have additional privacy rights. For example, under US laws you have the following additional rights:
- to access information we hold about you;
- to request that we delete your personal information from our system;
- to ask us to rectify/correct your personal information if appropriate.
- to ask us to restrict processing of your data
- to transmit your data to another entity;
- to lodge a complaint with a data protection authority.
You can exercise these rights by contacting us at pr*****@th******.market.
13.3 If you have any concerns about your privacy please contact us first. If however you feel we have not dealt with your concern you can report this to your local data protection authority.
14. Changes to this privacy policy
14.1 We may change this Privacy Policy if we think it’s necessary for legal reasons or to reflect changes in TM services. If so, we will make the changed Privacy Policy available online and (if you have a TM account) we’ll email you to explain the changes. We will also update the “Last Updated” date.
15. User agreement
15.1 We’d also like to remind you that our User Agreement has more information about how we operate TM services and it has a number of sections which apply to this Privacy Policy too. You can read it at User Agreement.