Privacy Policy (Canada)

GUNGHO ONLINE ENTERTAINMENT AMERICA, INC.
PRIVACY POLICY
(Effective Date: October 1, 2017)

GungHo Online Entertainment America, Inc. (“Company,” “we”, “us” or “our”) maintains this Privacy Policy (“Privacy Policy”) that summarizes the treatment of information provided or collected on the sites and in connection with our various services (collectively, the “Services”) where this Privacy Policy is posted, including, without limitation: (1) our website(s) (our “Sites”), and (2) our applications and related services for Mobile Devices (defined below), including those accessible through third party social networking sites or platforms (“SNS”) (collectively, the “Applications”).

By visiting our sites or making use of our Services, or accepting our Privacy Policy and the applicable Terms of Service you consent to our collection, storage, use and disclosure of your information as described in this Privacy Policy.

A. Types and Collection of Information

Our primary goal in collecting the information described below is to provide you, the user, with a customized experience on our Service and to deliver better service, products, and more relevant content to our customers, prospective customers, and visitors.

1. Types of Information We Collect

We collect two basic types of information in connection with our Service: (a) Personal Information and (b) Anonymous Information. Personal Information, Anonymous Information and Aggregated Information as used in this Privacy Policy are defined below:

“Personal Information” means information that identifies (whether directly or indirectly) a particular individual, such as the individual’s first and last name, home or other physical address, email address, telephone number, and social security number. Personal Information also includes identifiers, such as cookies, IP addresses and Mobile Device IDs that recognize individuals over time and across different websites or online services, where those identifiers can be reasonably linked to an identifiable individual.

“Anonymous Information” means information that does not directly or indirectly identify, and cannot reasonably be used to identify, an individual person. When Anonymous Information is directly or indirectly associated with or combined with any Personal Information, such Anonymous Information will also be treated as Personal Information.

“Aggregated Information” means information about groups or categories of persons, which does not identify and cannot reasonably be used to identify an individual person.

2. How We Collect Your Information

Information Collected Directly From You

When you interact with the Service, we collect information (including Personal Information) you provide to us directly as described below:

Registration Information. When you register with us (including directly through a Site or your Mobile Device, or indirectly through an SNS authentication or other similar option) to create an account or profile within the Service, you may be asked to provide: (i) your age, month and year of birth; (ii) your first and last name; (iii) your e-mail and mailing address; (iv) user name, nickname, or password; (v) language preferences and (vi) such other information (including Personal Information) that may be necessary to complete the registration process.

Information Through Mobile Devices. When you access the Service (during the registration process or otherwise) through your mobile telephone or other mobile devices (collectively, “Mobile Device”), we collect: (i) Mobile Device type and manufacturer; (ii) mobile carrier; (iii) Mobile Device identifiers or advertising identifiers (“Device ID”); (iv) telephone number; (v) Internet Protocol address; (vi) geographic location/country/zip code; (vii) platform version; (viii) installation, navigation, access, interaction, impression and engagement information; (ix) network connection type (3G, 4G, WiFi, etc.); (x) browser type; (xi) Mac address; (xii) iOS advertiser ID; (xiii) in-game ID and (xiv) such other information you voluntarily provide to us. In addition, we collect information you provide when you sign up to have Short Message Service notifications sent directly to your Mobile Device. We use your Device ID to verify, audit and analyze your use of the Services. Please note that the Device ID alone does not constitute Personal Information.

Payment Information. If you purchase any of our Services, including Applications and any in-game items, we will collect the payment and billing information necessary to complete the transaction. Such information may include: (i) your first and last name; (ii) your valid e-mail address; (iii) credit and debit card numbers, PayPal account information, bank account and wire transfer information and other third party payment processor information; (iv) billing address; and (v) such other information you choose to provide. We may also receive your payment and billing information that you provide when your purchase is processed by another party, such as an SNS, third party platform (e.g., iTunes Store or Google Play) or third party payment vendors. Please note that payments handled through a third party payment processing service provider and Personal Information disclosed in connection therewith will be subject to the applicable privacy policies of such service provider. This Privacy Policy DOES NOT address the collection and use of your Personal Information by such service providers. Moreover, the purchase of third party credits or currencies such as Facebook Credits may also be subject to additional third party privacy policies.

Customer Service and Technical Support. When you communicate with us in connection with customer service and technical support, we will collect and store your contact information (including, without limitation, name, telephone number and email address), information about your use of the Service, your user ID and such other information you voluntarily provide to us in connection with such inquiry.

Employment Opportunities. Parts of our Service may relate to employment opportunities. They usually will be captioned “Career,” “Job Opening” or other similar labels or captions clearly indicating the employment opportunity subject matter (the “Career Pages”). We will collect employment-related information that you submit to us, including through Careers Pages.

Profile Information. We provide areas on our Service where you can post information about yourself and others and communicate with others or upload content such as photographs. Such postings are governed by the applicable Terms of Service. In addition, such postings may appear on other websites or services, or when searches are executed on the subject of your posting. Also, whenever you voluntarily disclose Personal Information on publicly-viewable areas, that information will be publicly available and can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your Personal Information.

Information Received from SNS and APIs. When you access an Application through an SNS, you allow us to access and obtain certain information from your profile through such SNS and the applicable SNS platform Application Programming Interface (“API”). The information we receive varies by the Application and by the privacy settings you choose for the SNS and may include Personal Information, including, without limitation, the following, as allowed by you, the SNS and your privacy preferences: (i) your first and last name; (ii) your profile picture or its URL; (iii) your user ID number; which is linked to publicly available information such as name and profile photo; (iv) the user ID numbers for your friends that are also connected to our Application(s); (v) login e-mail you provided to the SNS when you registered; (vi) your physical location and that of your access device(s) (vii) your password; and (viii) your gender. By using our Application(s) through an SNS, you are authorizing us to collect, store and use/disclose any and all information you agreed the SNS could disclose to us through the API, including Personal Information, in accordance with this Privacy Policy.

Information Disclosed on Forums. You may also choose to disclose information in our chat rooms, diaries, communities (e.g. Reddit), blogs, web forums, message boards or other public forms in an SNS, Applications and our Sites (collectively, the “Forums”). You acknowledge and agree that information you disclose in such Forums is public information, and there is no expectation of privacy or confidentiality.

Other Sources. We may collect your information from other sources, including, without limitation, other users of the Service and third party information providers, service vendors and partners. For example, we collect information you provide to us or third party partners when you enter any promotions, sweepstakes and loyalty program. In addition, we may collect your information that you voluntarily disclose directly to us via SNS, Forums or other forms of communication.

Information Collected by Automated Technologies

When you interact with the Service, we collect Anonymous Information through automated technologies as described below:

Cookies. A “cookie” is a small text file that is sent to your browser from a web server and stored on your computer’s hard drive or Mobile Device. We may use cookies to track Anonymous Information about our users (e.g., user name, pages viewed, time spent on our Site(s), games and the sites visited just before and just after our Service) for statistical and market research purposes.

We use cookies to gather information about our users’ browser activities. We may also use local shared objects also known as “flash cookies” to collect information from you.

You have choices with respect to cookies. By modifying your browser preferences, you have the option to reject all cookies, or limit the type of cookies you allow. Flash cookies operate differently from browser cookies and cookie management tools available in a web browser will not remove flash cookies. To learn more about and manage flash cookies you can visit www.adobe.com. Rejecting or limiting the type of cookies may, however, in limited instances prevent you from accessing certain features on our Service.

Log Files. Like most Internet services, we may also use log files on the server side to collect information from you. Your information held in log files includes your computer’s or Mobile Device’s IP (Internet Protocol) address, browser type, browser language, e-mail application, Internet service provider, referring/exit Web pages, computer platform type, date/time stamp, and user activity. The software enabling our Services has associated log and temporary files that are stored on our servers. These files store your account information, preference settings, system notifications as well as other data necessary to enable you to use our Service. Your information may also be collected in connection with regularly performed server backups.

Tracking Technologies. We utilize a variety of tracking methods to collect information from you, including, without limitation web beacons (also known as Internet tags, pixel tags and clear GIFs). Web beacons are small pieces of data that are embedded in images on the pages of websites to analyze the traffic patterns, such as the frequency users visit various areas of our Services. Pixel tags may allow us to advertise more efficiently by excluding our current users from certain promotional messages or identifying the source of a new installation. These methods may involve collecting information directly from you or through another entity authorized by us to collect information on our behalf. We also use these methods in HTML e-mails that we send our guests to determine whether the recipients have opened those e-mails or clicked on links in those e-mails. The information that we collect through tracking technologies is Anonymous Information.

Third Party Advertisers. Many advertisements are managed and placed on the Service by third parties. These third party advertisers may use cookies, web beacons or similar automated information collection technologies on your computer or Mobile Devices to collect Anonymous Information from you. In some cases, we may have access to information from cookies, web beacons and similar automated information collection technologies used by third party advertisers on our Services and this information may permit us to identify other sites or services that you have visited that are also associated with the third party advertiser.

The use of cookies, web beacons, or similar automated information collection technologies by third party advertisers is subject to their own privacy policies. Once you have clicked on an advertisement and have left the Service, our Privacy Policy no longer applies and you must read the privacy policy of the applicable third party advertiser to see how your information will be collected, stored and used as part of their service. Specifically privacy choices you have made on the third party site or platform will not apply to our use of the information we have collected directly from you or through our automated technologies.

Click Through URLs. Some of our Services, including email messages, use “click-through URLs” linked to other content on our Services. We track this click-through data to help us determine interest in topics and use of the Services.

B. Use and Disclosure of Personal Information

Unless otherwise permitted or required by law, or with your additional consent, , we will use and disclose your Personal Information solely for the purposes set out in this Privacy Policy.

1. Use by Company

We use your Personal Information for any one or more of the following purposes:

(a) to allow you to register with us to create an account or profile within the Service;
(b) to evaluate your potential employment at the Company, and if you are offered a job or become employed by us, for purposes related to your employment;
(c) to operate, maintain and improve our Service;
(d) to conduct market research analyses, including, without limitation, to analyze user characteristics and usage patterns in order to better understand how our Services are used and market them more effectively and to optimize the display of advertisements;
(e) to communicate with you concerning your account or, with your explicit consent or as permitted by law, to send you announcements, newsletters, promotional materials and other information about our Services or offerings of our business partners, and to offer you opportunities to participate in surveys, campaigns, contests and sweepstakes;*
(f) to prevent or investigate actual or suspected fraud, hacking, infringement, or other misconduct involving our Service;
(g) to respond to customer service and technical support inquiries, troubleshoot problems, investigate incidents, and handle complaints;
(h) to provide the Services to you and our customers;
(i) to complete payment and billing transactions;
(j) to comply with applicable laws, regulations, legal processes or enforceable government requests;
(k) to send notices, such as communications about your purchases and changes to our Terms of Service, this Privacy Policy and other Service-specific policies, and to enforce applicable terms and conditions set forth in such policies;
(l) to enable user-to-user communications and other in-Service communications and interaction;
(m) to enable us to link your game ID with other game platforms;
(n) to enable us to deliver information to SNS when you use or access an Application through such SNS; and
(o) to protect against harm to the rights, property or safety of the Company, its users or the public as required or permitted by law.

The Company processes Personal Information on our servers in the United States of America, Japan and in other countries. In some cases, we may process Personal Information outside of your country.

2. Disclosure to Third Parties

Third Party Service Providers. We may disclose your Personal Information to third party service vendors and partners (including carriers and content providers) in connection with our provision of the Services. Such third party service vendors and partners may be located in countries other than your country of residence and provide such services as payment processing, data analysis, e-mail delivery, hosting, order fulfillment, infrastructure and network storage, customer service, technical support, auditing, content licensing and promotional services.

Advertising of Third Party Products and Services. We may share (i) Aggregated Information; (ii) Anonymous Information; and (iii) certain technical information with third party advertisers for their direct marketing purposes, including, without limitation, to develop and deliver targeted advertising in the Service and on the websites of third parties.

Affiliates. We may disclose Personal Information to our “Affiliates” (which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership located in the United States, Japan or anywhere else in the world) for the purpose of transferring and processing such Personal Information based on our instructions and such purposes as described in this Privacy Policy.

Ownership Change. In the event Company combines with another company in the future through a corporate merger, sale, acquisition, liquidation or other similar process, your Personal Information may be transferred with the business or a part of it, or may be sold as an asset of the business, to the successor organization in such transaction. If material changes to the Company’s privacy practices will occur as a result of such transaction, you will be notified via prominent notice in our Service of any change in ownership or uses of your Personal Information, as well as choices you may have regarding your Personal Information.

Termination of License Arrangements. Upon the expiration or a termination of any third party license arrangements involving one or more parts of the Service, your Personal Information may be transferred to the subject third party licensor in accordance with the terms of the applicable license agreement. In advance of such transfer to a third party licensor, the Company will notify you and other users in writing in the manner described in this Privacy Policy.

3. Safety, Security and Legally Required Disclosures

Your Personal Information, and communications you make within the Service, may be accessed and disclosed if we believe that our Service is being used in the commission of a crime, when we believe in good faith that there is an emergency that poses a threat to the safety of you or another person and when necessary either to protect our rights or property including to enforce our Terms of Service, or for us to render the service you have requested.

We may also disclose Personal Information when required by law, regulation, court order, or in response to a subpoena or litigation discovery request, or in the good faith belief that such action is necessary in order to conform to the edicts of the law or comply with a legal process served on us. In addition, we will make any legally required disclosures to government authorities. In addition, we will provide notice to you of any breach of security, confidentiality or unauthorized release of personal or private data in accordance with applicable laws, rules and regulations.

C. Storage of Information and Security

We employ reasonable measures (both online and offline) to protect the security of information we collect from you. Such information is housed in secure databases, equipment and servers located in the United States, Japan and/or in other countries. The databases, equipment and servers we utilize may be owned by third party providers. To prevent unauthorized access, loss, or misuse, maintain data accuracy, and ensure the appropriate use of information, we have put in place physical, electronic, and managerial procedures to safeguard and secure the information we maintain. We use industry-standard technology, such as firewalls, in an effort to protect the confidentiality of your Personal Information. Moreover, in addition to password protection offered in connection with your Service account, we encrypt your transmission of sensitive information to us (e.g., account passwords and payment-related identifiable information) via SSL (secured socket layer) protocol in the interest of heightened privacy protection and information integrity.

Although we take reasonable precautions against possible security breaches of our Service, databases, equipment or servers, and records, we cannot guarantee that unauthorized access, hacking, data loss, or other security breaches and factors beyond our control will never take place and result in disclosure of your Personal Information. Accordingly, we disclaim any guarantees, warranties or representations relating to maintenance or nondisclosure of any Personal Information collected from you. We strongly urge you to take reasonable measures at all times (online and offline) to protect your Personal Information, including your password and other sensitive information.

In addition, while we strive to protect your Personal Information, you should know that information sent over the Internet, whether by e-mail or by using one of our on-line forms, is not necessarily secure against interception. Therefore, we cannot be responsible for such interception and cannot guarantee the security of such information.

We will investigate, attempt to resolve and take all reasonable steps necessary to ensure that your Personal Information and data is treated securely and in accordance with this Privacy Policy.

D. Additional Privacy Policy Terms

1. Opt-Out Provision

You may opt out of having your Personal Information used for the following purposes at any time by emailing us a request at Email@gunghoonline.com and include your Member ID or registered email address so that we can confirm your identity. We will use our commercially reasonable efforts to comply with your request.

(a) Receiving Marketing Communications from the Company. At any time following your consent to opt-in to receiving marketing communications from us, you may opt out of receiving such communications from us relating to our Services, including, without limitation, announcements, newsletters and promotional materials or offers to participate in surveys, campaigns, contests or sweepstakes, by choosing not to opt in when we ask for your prior consent to receive commercial electronic messages, including text and email messages, and direct social media messages.

(b) Disclosing Personal Information to Affiliates. You may opt out of us disclosing your Personal Information to our Affiliates for marketing purposes by choosing not to opt in if we ask for your consent in advance or emailing us.

(c) Disclosing Personal Information to Third Party Service Providers. You may opt out of us disclosing your Personal Information to authorized third party service providers for marketing purposes by choosing not to opt in if we ask for your consent in advance or emailing us.

More generally, you may withdraw your consent for the use and disclosure of your personal information at any time, subject to legal and contractual restrictions; however, doing so may affect your ability to use certain features of the Services.

2. Your California and Canadian Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, customers, prospective customers, and visitors of our Service who are residents of the State of California have the right to request certain information regarding its disclosure of Personal Information to third parties for direct marketing purposes. Canadian federal and provincial laws provide a similar right of access. If you are a resident of California or Canada and wish to request such information, please email us at Email@gunghoonline.com with “California/Canada Privacy Rights” in the subject line.

3. Review, Update, Correct, or Delete Personal Information

Generally, you may review, update, correct or delete your Personal Information collected by or through our Service by logging into your account. You may also correct factual inaccuracies. Certain types of Personal Information that is necessary to check eligibility, such as birth date or age, cannot be deleted for active accounts, but may be modified with sufficient verification of the new information. Note that we reserve the right to terminate or delete any registration or promotional entry if we believe the Personal Information submitted was knowingly false or fraudulent. To delete your Personal Information, you may also email us at Email@gunghoonline.com. We will use commercially reasonable efforts to honor your request.

To have access to your Personal Information, you must provide proof of identification such as full name, street address, city/state and zip/postal code, user ID and password, and/or information about your recent activity on our Service. We reserve the right to deny access to any user if we believe there is a question about your identity. In certain situations, we may be unable to provide you with access to all of the Personal Information that we hold about you. Exceptions may include information that is prohibitively costly to provide, information that contains references to other individuals, information that cannot be disclosed for legal, security or commercial proprietary reasons, and information that is subject to solicitor-client or litigation privilege. Moreover, we may still retain an archived copy of your Personal Information in our files as required by law or for legitimate business purposes, including, resolving disputes, enforcing the Terms of Service, and for other technical and legal requirements and constraints related to our Service.

To manage the information we receive about you from an SNS where you access our Service, you will need to follow the instructions at that SNS for updating your information and changing your privacy settings.

4. Notification of Changes

We reserve the right to update and change the terms of this Privacy Policy at any time. If we decide to update and materially change the terms of our Privacy Policy, we will post those changes in our Services and/or on the applicable Sites, and in the updated Privacy Policy. You should periodically check this Privacy Policy for updates.

By continuing to access or use the Services after we have posted an updated Privacy Policy or have provided you with written notice to you of any material modification to same via email or other method of notification you specify, you are agreeing to be bound by the modified Privacy Policy. If the modified Privacy Policy is not acceptable to you, your only recourse is to cease using the Services.

5. Links to Third Party Websites, Services and Offers

Our Service may contain links to other websites, services and/or offers from third parties. We are not responsible for, nor will it be liable to you or any third party for, your interaction with such third parties or the information requests initiated by such third parties or the subsequent use, treatment or dissemination of the information (including any Personal Information) you voluntarily chose to provide to them. You should review the applicable privacy policies and information practices of such third parties carefully before providing Personal Information to them. Moreover, if you have any questions or concerns, you should contact the third party directly.

6. Protection of Children’s Privacy

Company is committed to providing special protection for the privacy of children who may use our Service. The Service is not intended for nor directed to children under the age of 13 and we do not knowingly collect, use or retain Personal Information from such children. If we discover that we have inadvertently collected Personal Information from children under the age of 13, we will take all reasonable measures to delete any records of such Personal Information that come to our attention.

7. Special Note to Parents

If you become aware that your child has provided us with Personal Information, please notify us so that we may delete such information from our records and discontinue any related features or services (see Opt-Out Provision above). We also urge parents to instruct their children never to give out their real names, addresses or phone numbers without parental permission when using the Internet. We appreciate your cooperation in assisting us to provide a safe and enjoyable online experience for your children.

8. Users Outside United States

The Company is a U.S. company and Company’s U.S. business operations are primarily conducted in the State of California, U.S.A. We operate our company and administer this Privacy Policy under applicable U.S. and California laws and regulations. If you use our Service from outside United States, you are thereby consenting for your Personal Information to be transferred to, stored in and be processed in the United States, Japan and/or in other countries by the Company and/or its Affiliates in the manner described in this Privacy Policy. Your consent to this Privacy Policy followed by your submission of your Personal Information represents your agreement to such transfer, storage and processing of your Personal Information. Furthermore, you acknowledge that the privacy laws of the United States and the State of California may differ from the laws in the country where you are located and may not provide you the same rights or protections for your Personal Information as those laws.

As described elsewhere in this Privacy Policy, when you submit Personal Information to us, the information is housed in secure databases, equipment and servers located in the United States, Japan and/or in other countries. The databases, equipment and servers we utilize may be owned by third party providers.

Users in certain jurisdictions (e.g. Canada) may have a right to access his/her Personal Information held by the Company, its Affiliates or authorized third party service providers. Your right of access to such Personal Information can be exercised in accordance with applicable laws, rules and regulations. Please submit any requests for such access to Email@gunghoonline.com and we will respond to such request within the period of time specified under applicable laws, rules and regulations.

9. Language

The controlling language of this Privacy Policy is English. If you have received a translation into any other language, it has been provided for your convenience only. The English version of this Privacy Policy shall govern to the extent of any inconsistency between the English version and any translated version.

10. Do Not Track. We do not respond to DNT (Do Not Track) signals.

11. Contact Us

If you have any questions, inquiries, requests, complaints, or comments regarding this Privacy Policy, or have other questions or suggestions about our information practices, including our practices respecting the storage and processing of Personal Information outside of Canada, please contact our Senior Player Relations Manager via e-mail at Email@gunghoonline.com.

Copyright © 2017 GungHo Online Entertainment America, Inc. All rights reserved.