PRIVACY POLICY

PRIVACY POLICY

Last updated on 7 August, 2023

This privacy policy (this “Privacy Policy”) explains how Kingame Corporation Limited and our Affiliates (“we”, “our” or “us”) collect, use and disclose your information. This Privacy Policy applies to information we collect when you use our games (including but not limited to PC games, web games, HTML5 games, mobile games, television/tablet games and any other form of games) (each a “Game”), and other related online products and services (collectively, our “Services”).

By downloading, accessing, using and/or interacting with our Services, you agree and expressly consent to our collection, use and disclosure of the information that you provide as described in this Privacy Policy. This Privacy Policy is incorporated by reference into the end user license agreement (the “EULA”) and is subject to the provisions of the EULA. Capitalized terms used but not defined in this Privacy Policy shall have the meaning ascribed to such terms in our EULA. If you do not accept the terms of this Privacy Policy, please refrain from using our Services. 

This Privacy was written in English. We may provide translates in other languages in different territory we provide the Services for your convenience, however, if there is any inconsistency or discrepancies between the English and other language, the English version shall prevail.

The Types of Personal Information We Use

This section describes the different types of personal information we collect and how we collect it. We will collect and use the following information from you:

1. Information You Provide. You provide your information to us:

• when you register for the Game (including but not limited to your nominated nickname, and information we import from your connected social media account (e.g. Facebook, Twitter, Apple or Google sign-in account) in order to set up your profile, including but not limited to your name as it appears on your social media profile and your profile picture, real name, gender, email address, date of birth, telephone number;

• when you set up your profile for the Game (including but not limited to gender); 

• when you submit your contact details to us (including but not limited to your name, email address and physical address) as part of promotional activities, survey, customer or technical service support for the Game; and

• when you make purchases in the Game (in which case we will process the information you provide to us to facilitate the payment).

1. Information We Collect about You. We automatically collect certain data from you when you use the Game and/or the Services, including but not limited to your IP address, physical location and device information (such as device ID, device type, operating system, CPU, RAM, IP address, MAC address, network data, operating system) and information regarding your use of the Game and/or the Services, such as date and time stamps of actions. We also collect and store your data each time you interact with us, for example, when you use in-app support to communicate with us.

1. Information You Generate and Display in the Course of Using the Services. You may also provide or generate information when you communicate with other users in the Game (e.g., level, characters, score, chat log, chat content, virtual items).

Cookies

We use cookies and other similar technologies (e.g. web beacons, log files, scripts and eTags) (“Cookies”) to enhance your experience using the Services. Cookies are small files which, when placed on your device, enable us to provide certain features and functionalities.

You have the option to permit installation of such Cookies or subsequently disable them. You may accept all cookies, or instruct the device or web browser (as applicable) to provide notice at the time of installation of cookies, or refuse to accept all cookies by adjusting the relevant cookie retention function in your device. However, in the event that you refuse to install cookies, the Game may be unable to operate as designed.

Children

You hereby represent that you are an “adult” (as defined in the applicable in your jurisdiction) and have the requisite power and authority to access and/or use our Services. If you are not an adult, you shall obtain the consent of your parent or legal guardian to use the Services. Our Services are not intended for children under the age of 16 and we do not knowingly collect any personal information from such children. Children under the age of 16 should not use or attempt to use our Services, and if you are under 16, please do not attempt to use our Services. 

In the event that we learn that we have inadvertently gathered personal information from a child under the age of 16, we will take reasonable measures to delete such information from our records. Parents who believe that we might have gathered any information from or about a child under the age of 16 may submit a request to the email address set forth in the section “Contact & Complaints” below.

How We Use Your Personal Information

We will use your personal information in the following manners:

1. Set-up user accounts, allow users to log-in to the Game and provide Services to users;

1. Provide and improve the Services, such as: to allow users to download and install the Game on their devices; to record and keep track of requests from users of the Game; to detect the user network and device status when the user is playing the Game; and to correct bugs or errors that occur when the user is playing the Game;

1. Send notifications to users to inform them of our promotional activities and any rewards they are entitled to;

1. Provide some location-based services such as forming a team with people nearby. 

1. Share certain content on social media;

1. Provide customized services to users such as personal information page; 

1. Provide Services to users as it is the basis of our Game; and

1. Provide analysis or valuable information so that we can improve the Services.

How We Store and Share Your Personal Information

In order to perform our contract with you, we will store and process your personal information in our servers which located in various countries. You hereby acknowledge that you are fully aware your personal information will be accessible from and will be processed on our servers located in various countries (depending upon your location and the game server you select). By agree this Privacy Policy, you hereby confirm that your Personal information will be transferred outside you country but within our international server system. We will ensure that any restrictions imposed by local privacy laws in relation to the transfer of personal information to overseas recipients are observed.

We may share your personal information with the following categories of third parties who may be located outside of your country:

• Payment partners: we share your email address, IP address, information about in-game purchases requested by you, and other information you provide to us for the purpose of fulfilling your purchase and withdrawal requests with our payment partners;

• Advertising and advertising measurement partners: we share your email, nickname, IP address and other unidentifiable personal information(i.e. information which is related to you but cannot be used for directly identifying, tracking.) you provide to us with our advertising and advertising measurement partners, in order to facilitate targeting, delivery, and measurement of online advertising on third-party services, facilitate transmittal of information that may be useful, relevant, or of interest to you, e.g.. allowing you to get rewards for viewing in-Game advertisements, or allowing us and our partners to improve you advertisement experience within the Game;

• Data storage partners: we store some of your information using third-party data storage services, such as Google Cloud Platform (BigQuery), Amazon Web Services, Inc, and Tencent Cloud; 

• Software providers: proper Services rendering requires us to use third party software solutions;

• Research and analysis partners: we may perform research and analysis on some of your data, such as your Game statistics. The research and analysis may be compiled and analyzed on an aggregate basis, and we may share this aggregate data with our related companies, agents and business partners for business and other lawful purposes.

• Player support partners: for some territories and products we engage third parties to provide you with appropriate player support services. Such companies may get access to your personal information, including but not limited to personal information that you may provide in your player support requests. 

• Information available to other players: making your nickname and game statistics available to other players through our Services is an important part of making players’ experience more enjoyable. If you are banned in a Game based on other players’ complaints, we may inform them about the ban. Please note that members of your clan have access to a bigger amount of your game statistics than others;

• Publicly available information: our website for the Game may also have message boards, forums and/or chat areas, where users can exchange ideas and communicate with each other. When posting a message to a board, forum or chat area, please be aware that the information is being made publicly available on-line; therefore, you are doing so at your own risk. Your nickname and game statistics may also become available within Game replays and other videos, which we or other players may generate and put online. Please do not include into your nickname any data that can identify you personally. 

• External moderators and testers: some limited data about you (such as your nickname, content of player support ticket) may become available to third party volunteering moderators and testers who contribute to providing you with better Services, e.g. to quickly respond to your questions about the Game;

• Anti-cheat and anti-fraud companies: we may share the information required for our detection, investigation and prevention of cheating in the Game and EULA violations only for the purposes of detection, investigation and prevention of cheating in the Game; 

• Logistics partners: to arrange your trips (e.g., as an eSports player) and deliver the prizes you may be entitled to thanks to use of your Services, we will share your post address and other required details with our logistics partners or ask you to share that data with our logistics partners directly;

• Third-party websites: you can choose to log into some websites using your Game account. In this case we pass to the websites your nickname and your profile link;

• Game Developers and Change of Publisher: The Game developers can process certain data required for the Game’s and other Services’ further improvement. If we transfer the right to publish the Game and other related Services to a third party, the new publisher will have the right to continue using your data in the manner substantially the same as set out in this Privacy Policy unless you are specifically informed otherwise;

• Public authorities and auditors: some personal information shall be disclosed to public authorities, e.g., tax and customs authorities, auditors, and other competent parties in accordance with the applicable laws;

• Our subsidiaries and Affiliates;

• Change of control: a third party that acquires all or substantially all of us or our business. We will disclose information to a third party in the event that we sell or buy any business or undergo a merger, in which case we will disclose your data to the prospective buyer of such business. We will also disclose information to a third party if we sell, buy, merge or partner with other companies or businesses, or sell some or all of our assets. In such transactions, personal information may be among the transferred assets. You will be notified via email, in-app/in-game notice and/or notice on our website of any change in ownership or users of your personal information.

The Security of Your Personal Information

We are committed to maintaining the privacy and integrity of your personal information no matter where it is stored. Our group companies have information security and access policies that limit access to our systems and technology. We also protect data through the use of technological protection measures such as encryption. Your personal information will remain subject to our technical and organizational controls and our policies and procedures (including but not limited to this Privacy Policy). 

Unfortunately, the transmission of information via the internet is not completely secure. Although we will use commercially reasonable efforts to protect your personal information, we cannot guarantee the security of the information transmitted to our services; any transmission of your information is at your own risk.

Data Retention

We will retain your personal information as long as needed to provide services or products to you, or as required or permitted by applicable laws. 

When destroying personal information, measures will be taken to make the personal information irrecoverable or irreproducible, and electronic files which contain personal information will be deleted permanently using a technical method which makes the files irreproducible.

In the event that the processing and retention period have terminated, but personal information is required to be retained continuously for other reasons including but not limited to for the purposes as prescribed under applicable laws, the relevant personal information will be stored and maintained separately from other types of personal information. If you require us to destroy your personal information before the end of its life cycle (as set out in the retention policy above), we will destroy your personal information in accordance with local laws.

Access

You have the right to access personal information we hold about you, how we use it, and who we share it with. If you believe we hold any other personal information about you, please contact us and submit a request to the email address set forth in the section “Contact & Complaints” below.

Correction

You have the right to correct any inaccurate personal information about you that we hold. If you believe we hold any other personal information about you and that information is inaccurate, please contact us and complete the request form.

Erasure

You can delete your account, or remove certain personal information. If there is any other personal information you believe we process that you would like us to erase, please contact us.

You may request that we erase the personal information we hold about you in the following circumstances:

• you believe that it is no longer necessary for us to hold such personal information; or

• you believe the personal information we hold about you is being unlawfully processed by us.

You can also exercise your right to restrict our processing of your personal information (as described below) whilst we consider your request.

We may need to retain personal information if there are valid grounds under data protection laws for us to do so (e.g., for the defense of legal claims or freedom of expression) but we will let you know if that is the case. Where you have requested that we erase personal information that has been made available publicly on the Services and there are grounds for erasure, we will use reasonable steps to try to tell others that are displaying the personal information or providing links to the personal information to erase it too.

Restriction of Processing to Storage Only

You have a right to require us to stop processing the personal information we hold about you other than for storage purposes in certain circumstances. Please note, however, that if we stop processing the personal information, we may use it again if there are valid grounds under data protection laws for us to do so (e.g., for the defense of legal claims or for another’s protection). As above, where we agree to stop processing the personal information, we will try to tell any third party to whom we have disclosed the relevant personal information so that they can stop processing it too.

You may request we stop processing and just store the personal information we hold about you where:

• you believe the personal information is not accurate for the period it takes for us to verify whether it is accurate;

• you wish to erase the personal information as the processing we are doing is unlawful but you want us to retain the personal information but just store it instead; or

• you wish to erase the personal information as it is no longer necessary for our purposes but you require it to be stored for the establishment, exercise or defense of legal claims.

Advertisements/Announcements

By providing your email address or telephone number to us, you expressly consent to receive emails or texts from us. We may use email or SMS to communicate with you, to send information that you have requested or to send information about other products or services developed or provided by us; however, we will not give your email address or telephone number to another party to promote their products or services directly to you without your consent. If you prefer not to receive marketing emails from us, please follow the “unsubscribe” information included in any marketing email from the Service or send a request to the email address set forth in the section “Contact & Complaints” below. You may also opt-out of receiving SMS notifications from us, either via SMS or by emailing us.

We may from time to time send you announcements when we consider it necessary to do so (such as when we temporarily suspend Game access for maintenance, or security, privacy or administrative-related communications). You may not opt-out of these service-related announcements, which are not promotional in nature.

Changes

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page. Your continued use of this Service after such updates will constitute acknowledgement of the modified Privacy Policy and agreement to abide and be bound by the modified Privacy Policy.

Addendum

1. Australia Addendum

If you are located in Australia, you acknowledge that we are bound by the Australian Privacy Principles (APPs) in the Privacy Act 1988 (Cth) (Privacy Act). If you have any questions, concerns or complaints about this Privacy Policy, or how we handle your personal information, please contact us and submit a request to the email address set forth in the section “Contact & Complaints” below.

1. Brazil Addendum

If you are located in Brazil, you acknowledge that we are bound by the Brazil’s General Data Protection Law (Lei Geral de Proteção de Dados Pessoais, LGPD). If you have any questions, concerns or complaints about this Privacy Policy, or how we handle your personal information, please contact us and submit a request to the email address set forth in the section “Contact & Complaints” below.

1. Canada Addendum

If you are located in Canada, you acknowledge that we are bound by the Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA). If you have any questions, concerns or complaints about this Privacy Policy, or how we handle your personal information, please contact us and submit a request to the email address set forth in the section “Contact & Complaints” below.

1. Japan Addendum

If you are located in JAPAN, you acknowledge that we are bound by the Japan’s Personal Information Protection Act and its amendments. If you have any questions, concerns or complaints about this Privacy Policy, or how we handle your personal information, please contact us and submit a request to the email address set forth in the section “Contact & Complaints” below.

1. Korea Addendum

If you are located in the Republic of Korea, you acknowledge that we are bound by the Korea’s Personal Information Protection Act and its amendments. If you have any questions, concerns or complaints about this Privacy Policy, or how we handle your personal information, please contact us and submit a request to the email address set forth in the section “Contact & Complaints” below.

1. California of United States Addendum

If you are located in California of United States, you acknowledge that we are bound by the California Consumer Privacy Act (CCPA) and its amendments. If you have any questions, concerns or complaints about this Privacy Policy, or how we handle your personal information, please contact us and submit a request to the email address set forth in the section “Contact & Complaints” below.

Contact & Complaints

In the event that you wish to make a complaint about how we process your personal information, please contact us immediately.

Email: [whisperos.service@gmail.com]