The personal data of the data subject will be erased or blocked as soon as the purpose of storage ceases to apply. Storage may also take place if this has been provided for by the European or national legislator in Union regulations, laws or other regulations to which the controller is subject. Data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or performance of a contract.

Whenever you play our games, we collect data about all of your interactions with the game and with the other players inside the game via server log files. This information may be associated with your player ID, IP address, or device ID for the purpose of providing you our Services and improving them.

For Information controlled by Meta please refer to Metas Terms of Service and Metas Privacy Policy.

We operate several websites, namely the websites:
www.thoughtfish.de
www.coala.world
When visiting these websites, the following data is collected and stored by our web server:

The IP address of the user
Date and time of access
Indication of the time difference between the requesting host and the web server
Content of the request or information about the requested file that was transmitted to the user
Amount of data transmitted
Access status (successful transmission, error, etc.)
Websites from which the user’s system accesses our website
Information about the browser type, browser language, operating system, browser version and interface used.
The data is stored in the log files of our system. This data is not stored together with other personal data of the user. The servers are rented from our one hosting partner located in Germany.

The legal basis for the processing of the data is Art. 6 (1) (f) GDPR. The legitimate interest within the meaning of Art. 6 (1) (f) GDPR is therefore the functionality of our website and its availability.

The legal basis for the transfer of data to the hosting provider is Art. 28 (3) GDPR.

The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user’s computer. For this purpose, the user’s IP address must remain stored for the duration of the session. In addition, the IP address is recorded to prevent attacks on the website.

The data is stored to ensure the functionality of the website. In addition, we use the data to optimize the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.

The log files are deleted after seven days at the latest, unless there is a need to keep the data for the aforementioned purpose due to specific events. The IP address is anonymized in the log file.

The collection of data for the provision of the website and the storage of the data in log files is absolutely necessary for the operation and protection of the website. Consequently, there is no possibility for the user to object.

You can contact us via the e-mail addresses provided on the web pages. In this case, your personal data that you send to us by e-mail will be stored.

The data is processed and stored by an e-mail provider we have commissioned with headquarters in Ireland, but the data is also stored outside the European Union in the United States of America.

The legal basis for the processing of data transmitted in the course of sending an e-mail or a contact request via the contact form is Art. 6 (1) (f) GDPR. If the contact is aimed at the conclusion of a contract, the additional legal basis for the processing is Art. 6 (1) (b) and (c) GDPR.

The legitimate interest within the meaning of Art. 6 (1) (f) GDPR is to respond to a customer inquiry or to respond to a contact inquiry on other topics.

The processing by our email provider is based on Art. 28 (3), (6) and (7), Art. 46 (2) (c) GDPR. The standard data protection clauses of the EU Commission are used in the contractual relationship with the provider with additional safeguards for European Union data subjects.

The purpose of the data storage is to contact you at your request, in particular for the purpose of contract initiation or customer service

The data will be stored for as long as is necessary to process the inquiry. Insofar as these are commercial letters that must be retained in accordance with commercial and tax law, they will also be stored in accordance with the statutory retention periods.

You have the option to object to further use at any time. You can declare your objection by e-mail to datenschutz@thoughtfish.de.

Data can only be deleted if there is no legal obligation to retain it; in this case, however, the data will be blocked for any other use. In the event of an objection, the conversation cannot be continued.

On our websites we offer the possibility to register for a newsletter, where registered persons will receive regular e-mails from us with current information. An input mask is available on the website for the registration. The registration requires the entry of your e-mail address. By clicking on the registration button, the data entered in the input mask is transmitted to us. In addition, the date and time of registration for the newsletter and the IP address used are stored. When confirming the newsletter registration as part of the so-called double opt-in procedure, the date and time at which you click on the confirmation link for the newsletter registration and the IP address used are also stored.

The newsletter is sent by an external service provider. For this purpose, your e-mail address will be passed on to the external service provider, who will send the newsletter on our behalf. The service provider does not make any further use of your data. The service provider is based in the United States of America.

The legal basis for the processing of data when registering directly for the newsletter is Art. 6 (1) (a) GDPR.

The legal basis for the transfer of data to the shipping service provider is Art. 28 (3), (6) and (7), Art. 46 (2) c) GDPR. The standard data protection clauses of the EU Commission are used in the contractual relationship with the provider with additional safeguards in favor of European data subjects.

The purpose of storing the e-mail address is the possibility of electronic contact for information purposes. The date and IP address of the registration as well as the confirmation of the registration are recorded in order to document the consent to the newsletter dispatch in an evidence-proof manner and to exclude misuse. The transfer to the service provider takes place for the purpose of sending the newsletter in bulk.

If you have expressly consented to receive the newsletter, we will delete or block the e-mail address for sending advertising only if you revoke your consent. The data of the confirmation of the newsletter order will be stored for the same period of time.

The sent e-mails, as far as they are business letters, are stored for the duration of the retention periods of the tax code or the commercial code. The other e-mails are deleted as soon as the user is no longer expected to be contacted.

You can object to the use of the e-mail address for the newsletter dispatch at any time or revoke the consent without incurring costs that exceed the fees of your communication tariff. In every e-mail sent to you as part of the newsletter, you can object to its use with effect for the future by clicking on a link provided there. You can also object to the use of your data for sending newsletters with effect for the future by sending an e-mail to datenschutz@thoughtfish.de.

This privacy policy is applicable to the Earthscaper game app (hereinafter referred to as “Application”) for pc devices, which was developed by Thoughtfish GmbH (hereinafter referred to as “Service Provider”) as a Commercial service. This service is provided “AS IS”.

What information does the Application obtain and how is it used?
User Provided Information
The Application acquires the username you provide when starting the Application for the first time.

Does the Application collect precise real time location information of the device?
This Application does not gather precise information about the location of your device.

Do third parties see and/or have access to information obtained by the Application?
Only aggregated, anonymized data is periodically transmitted to external services to aid the Service Provider in improving the Application and their service. The Service Provider may share your information with third parties for login, saving and other features necessary to operate.
Thoughtfish will not sell your data to third parties.

The Service Provider may disclose User Provided and Automatically Collected Information: as required by law, such as to comply with a subpoena, or similar legal process; when they believe in good faith that disclosure is necessary to protect their rights, protect your safety or the safety of others, investigate fraud, or respond to a government request; with their trusted services providers who work on their behalf, do not have an independent use of the information we disclose to them, and have agreed to adhere to the rules set forth in this privacy statement.

What are my opt-out rights?
You can halt all collection of information by the Application easily by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your device.

The Service Provider will retain User Provided data for as long as you use the Application and for a reasonable time thereafter. The service provider stores automatically collected information in aggregate form. If you’d like the Service Provider to delete User Provided Data that you have provided via the Application, please contact them at support@thoughtfish.de and we will respond in a reasonable time. Please note that some or all of the User Provided Data may be required in order for the Application to function properly.

The Service Provider does not use the Application to knowingly solicit data from or market to children under the age of 13.

The Service Provider does not knowingly collect personally identifiable information from children. The Service Provider encourages all children to never submit any personally identifiable information through the Application and/or Services. The Service Provider encourages parents and legal guardians to monitor their children’s Internet usage and to help enforce this Policy by instructing their children never to provide personally identifiable information through the Application and/or Services without their permission. If you have reason to believe that a child has provided personally identifiable information to the Service Provider through the Application and/or Services, please contact the Service Provider (support@thoughtfish.de) so that they will be able to take the necessary actions. You must also be at least 16 years of age to consent to the processing of your personally identifiable information in your country (in some countries we may allow your parent or guardian to do so on your behalf).

The Service Provider is concerned about safeguarding the confidentiality of your information. The Service Provider provides physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve their Application. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.

This Privacy Policy may be updated from time to time for any reason. The Service Provider will notify you of any changes to the Privacy Policy by updating this page with the new Privacy Policy. You are advised to consult this Privacy Policy regularly for any changes, as continued use is deemed approval of all changes.

This privacy policy is effective as of 2025-04-10

By using the Application, you are giving your consent to the Service Provider processing of your information as set forth in this Privacy Policy now and as amended by us. “Processing,” means using cookies on a computer/hand held device or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information.

By using the game, you accept the respective Privacy Policies and Terms of Service of the 3rd party platforms we use, including:

1. Amazon Web Services (AWS): Privacy Notice, Service Terms, Customer Agreement
2. Steam: Subscriber Agreement, Privacy Agreement
3. COALA: Privacy Policy & Terms of Service
4. Discord: Privacy Policy, Terms of Service
5. PayPal: Privacy Policy, Terms of Service

Contact us
If you have any questions regarding privacy while using the Application, or have questions about the practices, please contact the Service Provider via email at support@thoughtfish.de.

These terms of service are entered into by and between you and Thoughtfish GmbH (“Thoughtfish,” “we,” or “us”). The following terms and conditions (“Terms of Service”) govern your access to games developed by Thoughtfish, including, without limitation, EARTHSCAPER  (collectively, the “Services”), whether as a guest or a registered user.

Please read the Terms of Service carefully before you start to use the Services. By accessing, playing, downloading, or otherwise using the Services or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found at https://www.thoughtfish.de/earthscaper-privacy-policy-and-tos/, which is incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Services.

We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Services following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page each time you access this Services so you are aware of any changes, as they are binding on you.

We reserve the right to withdraw or amend the Services in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users. We have the right to disable any account, password or other identifier at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.

Thoughtfish has not reviewed all of the websites linked to or from its Services and is not responsible for the contents of any such linked website. The inclusion of any link does not imply endorsement by Thoughtfish. Use of any such linked website is at your own risk.

The Services and the contents, features, and functionality thereof, (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, are owned by Thoughtfish, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Service permit you to use the Services for your personal, non-commercial use only.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services or delete any proprietary rights notices attached to the Services, except: (a) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials and use of the Services and (b) you may download a single copy to your computer, Head-Mounted Device (HMD) or mobile device solely for your own personal, non-commercial use. You must not delete or alter any copyright, trademark or other proprietary rights notices from the Services.

No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Thoughtfish. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.

We may update the content on these Services from time to time, but its content is not necessarily complete or up to date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.

Especially during closed access or early access periods, we may rework or reset the whole game world and/or individual progression.

All information we collect on or through the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

1. Users must be of an age of 13 years of higher in accordance with the Steam Subscriber Agreement
Thoughtfish reserves the right to terminate or suspend access to the service at any time and for any reason
If you believe your access has been revoked unfairly, you may appeal by emailing support@thoughtfish.de.
Users may terminate their account at any time by contacting support@thoughtfish.de.

Users are obliged to:

• only make public such information or content within the Services as is permitted to be made available to the public including via the internet that do not breach the rights of third parties,
• comply with applicable laws and all rights of third parties when using the Services.

Users are forbidden to:

• Create and/or distribute content including but not limited to pictures, videos, links, names, words (including character names etc.)
  (i) which contain political, religious, insulting, offensive, violent, inciting or glorify violence or war, sexist, pornographic, obscene or other objectionable matters, especially including racist, right extremist or left extremist content, persons or depictions;
  (ii) which are suitable to cause serious moral harm to children and young people or which threaten their wellbeing;
  (iii) which can damage the reputation of Thoughtfish.
• Make public such information or upload content, if applicable, that is racist, inhuman, offensive or immoral
• Create and/or Upload, offer or distribute any pornographic content, or to advertise, offer or distribute pornographic products or products contrary to the protection of young persons or make public any such information
• Harass other Users unreasonably (particularly with spam) i.e. by sending email invitations to other players without their implicit consent
• Offend other Users or damage the reputation of a third party by making a false or unjust statement
• Create and/or Upload content protected by law (e.g. copyright, trademark, patent, or utility model or design law) or to advertise, offer or distribute goods or services without being entitled to do so
• Organize, run, promote or support gambling or games of chance within or related to the game
• Block, overwrite, modify or copy the Services completely or in part to more than the extent necessary for the proper use of the Services.
• Distribute and publish third–party user–generated content with regard to the Services  outside of the Services unless this is provided by the Services features; own user–generated content may only be reproduced if it does not infringe upon the rights of third parties and does not include parts of the Services.
• Act by any means which affects the functionality of the infrastructure of the Services, in particular to overstrain it

Users are allowed to create and share fan art outside of the Services. For modding or community-run servers, please reach out to support@thoughtfish.de for specific guidance and permission.

Via the Virtual Shop Users have, subject to a charge, access to Virtual Benefits available for purchase with real money. Users may access the Virtual Shop to choose, subject to a charge and depending on the respective offer, the type and number of Virtual Benefits they wish to purchase.
To continue, Users have to confirm their selection, choose a payment method and finalize the purchase by confirming it, plus, if applicable, by choosing the respective payment method (e.g. “Buy now with PayPal”). Until the purchase is finalized Users may at any time correct, change or void their choice.
The purchase procedure for various app stores which are operated by third parties are subject to the terms of the respective app store.
A contract is concluded between the provider of the Virtual Shop and Users purchasing Virtual Benefits from the Virtual Shop, subject to a charge.
Thoughtfish has fulfilled its obligation once the Virtual Benefits have been credited to the User Account. Thoughtfish reserves the right to reject a User’s purchase or use of Virtual Benefits, without specifying any reason for such rejection.

In the event that a User acquires Virtual Benefits via the Virtual Shop, depending on availability, according to the purchase procedure as set above, the Virtual Benefits will be credited to the User Account. Users are permitted (non-exclusively) to use the Virtual Benefits, while the Services are available and during the term of the Agreement, to modify the gaming experience according to the Services Rules. Virtual Benefits can only be used within the Services and only while the User Account is active.
As a rule, Users may only use Virtual Benefits after they have expressed their consent and have acknowledged that they lose their right of withdrawal or the right of withdrawal has expired otherwise (e.g. by time).

The use of Virtual Benefits is an act of using the services and the Users exercise their right to specify characteristics of the Services and modify the experience within the Services Rules and provided features. Transactions with Virtual Benefits or Virtual Currencies are no actual contracts but acts of using the Services.
The right of use in the Virtual Benefits ends at the latest when the Agreement with Thoughtfish ends; if the Agreement is terminated it ends when the termination becomes effective. Any right in Virtual Benefits “purchased” and not used by the time the termination becomes effective will lapse without the entitlement for compensation and/or refund.
Virtual Benefits cannot be changed back into legal tender or into (virtual or real) goods. No return and/or refund is possible.

Thoughtfish may offer in-game promotions, contests, or giveaways at Thoughtfish’s discretion. Users participating in these promotions agree to the associated rules and conditions, which will be made available at the time.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. NEITHER THOUGHTFISH NOR ANY PERSON ASSOCIATED WITH THOUGHTFISH MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THOUGHTFISH NOR ANYONE ASSOCIATED WITH THOUGHTFISH REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THOUGHTFISH, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES OR ANY CONTENT ON THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
For the avoidance of doubt, you acknowledge that Thoughtfish is not responsible directly or indirectly for any bodily injury, psychological harm, or property damage you may experience while using the Services. You are expected and agree to take all necessary precautions when using the Services.
Thoughtfish is not liable for downtime due to 3rd party issues, force majeure, etc.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You agree to defend, indemnify and hold harmless Thoughtfish, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your use of the Services or your violation of these Terms of Service, including, but not limited to, bodily injury, psychological harm, or property damage, any use of the Services’ content, services and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Services.

All matters relating to the Services and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the German Law. Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Services shall be instituted exclusively in the respective courts of Berlin, Germany.

No waiver by Thoughtfish of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Thoughtfish to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and Thoughtfish with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.

All feedback, comments, notices, requests for technical support and other communications relating to the Services should be directed to support@thoughtfish.de

Last updated: 29.04.2025