ARENA OF VALOR – PRIVACY POLICY
Last modified: 13 October 2016
1. INTRODUCTION
1.1 We may collect and use your Information in the course of you using the Licensed Items.It is important for you to understand how this happens and how you may control it, so please read this Privacy Policy carefully. This Privacy Policy sets out our practices regarding any Information you provide to us.
1.2 By using the Licensed Items, you agree that we may collect, use, store and share your Information in accordance with this Privacy Policy, as revised from time to time. If you change your mind in the future, you may withdraw this consent at any time in accordance with this Privacy Policy. If you do not agree with this Privacy Policy, you must not use the Licensed Items.
1.3 If you wish to contact us regarding this Privacy Policy or any privacy-related matters, please contact:cs@proximabeta.com.
1.4 If you wish to make any complaints regarding this Privacy Policy or its implementation by us, please contact us via the above contact details. In addition, subject to applicable laws and regulations in your jurisdiction, you may also have the right to lodge a complaint with your country's data protection authority.
2. THIS PRIVACY POLICY'S SCOPE
2.1 This Privacy Policy applies to the Licensed Items, including any services related to the Licensed Items that incorporates this Privacy Policy by reference.
2.2 This Privacy Policy is incorporated into and forms part of theTerms of Service that you have agreed to in order to use the Licensed Items. Any terms used in this Privacy Policy will have the same meaning as the equivalent defined terms in the Terms of Service, unless otherwise defined in this Privacy Policy or the context requires otherwise.
2.3 Please note thatthis Privacy Policy does not apply to Information collected:
(a) through third party services (including any third party websites) that you may access through the Licensed Items; or
(b) by other companies and organisations who advertise their services within the Licensed Items.
3. CHANGES
3.1 We may from time to time revise or add specific instructions, policies and terms to this Privacy Policy. These instructions, policies and terms form part of this Privacy Policy.
3.2 Whenever we make any material changes to this Privacy Policy, we will where reasonably practicable notify you via the Licensed Items or other means before the change becomes effective.
4. THE INFORMATION WE COLLECT AND HOW WE COLLECT IT
4.1 In providing the Licensed Items, we collect, store and use the following Information relating to you:
(a) "Information" is Personal Information and Non-Personal Information;
(b) "Personal Information" is any information or combination of information that relates to you, and can be used to identify you. We set out examples of Personal Information (and how we collect such Personal Information) in Clause 5 below.
(c) "Location Data" is information that we collect regarding your location as part of use of the Licensed Items (when you use a location-enabled service), including:
(i) the location of your device when you use the Licensed Items, such as from the GPS, WiFi, compass, accelerometer or other sensors in your mobile device; and
(ii) the IP address of the device or internet service you use to access the Licensed Items;
(d) "Log Data" is technical information that is automatically collected by us when you use the Licensed Items, whether through the use of cookies, web beacons, log files, scripts and ETags (as explained in more detail in the “Tracking Technologies” section below) or otherwise, including:
(i) technical information; and
(ii) information about communications you have made using the Licensed Items; and
(e) “Non-Personal Information” is any information that relates to you but from which it is not reasonably practicable to directly or indirectly identify you, including Personal Information in aggregated, anonymised or pseudonymised form.
5. HOW WE COLLECT INFORMATION VIA THE LICENSED ITEMS
5.1 We collect Information from you when you use the Licensed Items – for example, when you:
(a) register to use the Licensed Items;
(b) use the Licensed Items; and
(c) communicate with us.
The following sets out how we collect such Information from you as you use the Licensed Items. The remainder of this Privacy Policy sets out further information regarding some of these categories.
5.2 Registration and Account Information. You must register for an account in order to use the Licensed Items. To register, you may need to provide certain Personal Information, such as your name, email address and password.
5.3 Using the Licensed Items. We collect Information from and about you through your use of the Licensed Items. For example, you may make Personal Information available to us when you open account with us, when you display public profile information within the Licensed Items or when you contact us.
5.4 Purchases via the Licensed Items. When you make purchases through the Licensed Items, you may need to provide certain Personal Information to complete the purchase, such as your credit card information. Where the payment is processed by a third party payment service provider, we do not collect or store such Personal Information, though we may receive summary information about transactions. Where we or our affiliate companies process your payments as a payment service provider, or where we fulfil any purchases you have made on the Licensed Items, we may collect, use and store your Personal Information in order to fulfil such purchases.
5.5 Working with our third party partners. We may work with third parties to gather additional demographic information about our users on an aggregate and anonymised basis.
5.6 Location Data, Log Data and your device. The Licensed Items automatically collects Log Data from your device to enable and assist the Licensed Items' functionalities. In addition, you may also permit the Licensed Items to access other content and data on your device.
6. HOW WE USE YOUR INFORMATION
6.1 We may use your Information for any of the following purposes:
(a) to provide the Licensed Items (and the features and services within the Licensed Items) to you – for example, to fulfil any purchases you may make within the Licensed Items;
(b) for communication, verification, security, fraud-detection, archival, backup, informational and operational purposes in connection with the provision of the Licensed Items – including account management, customer service, system maintenance and fulfilment of purchases;
(c) if you have consented to us doing so, to provide you with advertising and direct marketing that is more relevant to you (as further discussed under Clause 7 below);
(d) to better understand how you access and use the Licensed Items, in order for us to improve the Licensed Items and respond to customer desires and preferences, including for us to provide language and location customisation, personalised help and instructions, or other responses to your and other customers’ usage of the Licensed Items;
(e) to help us develop new services and improve existing services;
(f) to assess the effectiveness of and improve advertising and other marketing and promotional activities on or in connection with the Licensed Items; and
(g) to allow you to participate in voluntary surveys about our products and services. If you choose to participate in a survey, we may request certain Personal Information from you. We may use a third party service provider to conduct these surveys; we will prohibit them from using your Personal Information for any purpose other than to complete the survey.
6.2 In addition, we may need to retain, disclose and use your Information for the following purposes (collectively, the "Retained Information Purposes"):
(a) to comply with applicable laws and regulations;
(b) to comply with a court order, subpoena or other legal process, whether binding on us or any of our affiliates in any jurisdiction;
(c) in response to a request by a government authority, law enforcement agency or similar body made to us or any of our affiliate companies (whether situated in your jurisdiction or elsewhere);
(d) where we believe it is reasonably necessary to comply with applicable laws or regulations;
(e) to enforce the Terms of Service or this Privacy Policy; and
(f) to protect any rights, property or safety of ours, our affiliate companies or other users of the Licensed Items.
6.3 We may also anonymise or aggregate any Personal Information collected through the Licensed Items and use such anonymised and aggregate data for any purpose.
6.4 In order to provide our users across the Licensed Items and our other services with a better experience, to improve the Licensed Items and our other services, or otherwise where you have consented, Personal Information collected through the Licensed Items may, subject to user privacy controls (where available), be used by our other services (whether in an aggregated or individualised manner) in accordance with the relevant privacy policy for those other services.
6.5 If any of your Personal Information comprises Your Content (as defined in the Terms of Service), we and our affiliate companies may (subject to this Privacy Policy) use such Personal Information in accordance with Clause 6 (“Your Content”) of the Terms of Service.
7. DIRECT MARKETING
7.1 We may use your Information for the purpose of sending you direct marketing (whether by messaging within our services, by email or by other means) that offer or advertise our products and services and/or the products and services of selected third parties.
7.2 We will honour your request for us to not use your Personal Information for direct marketing. If you wish to make such a request, please contact our cs@proximabeta.comat any time and free of charge.
7.3 We will not share your Personal Information with advertisers unless we have your permission to do so. We do, however, share Non-Personal Information with advertisers for the purposes of trying to offer you advertising that is more relevant to you.
7.4 When you opt out of direct marketing pursuant to the above, you may continue to see online advertising (that is not direct marketing) within the Licensed Items and/or our advertisements on other websites or applications.
8. SHARING OF YOUR PERSONAL INFORMATION WITH THIRD PARTIES
8.1 Other than as permitted under this Privacy Policy or as otherwise consented to by you, we will not transfer your Personal Information to any other third parties for their processing for any purposes.
8.2 We may share your Personal Information within our group of companies and with joint venture partners and third party service providers, contractors and agents (such as communication service providers who send emails or push notifications on our behalf, and mapping services providers who assist us and you with location data), in each case, for the following purposes:
(a) providing the Licensed Items to you;
(b) assisting us in carrying out the purposes set out under Clause 6 above;
(c) carrying out our obligations and enforcing our rights under the Terms of Service or this Privacy Policy; and/or
(d) helping us understand and improve the Licensed Items.
8.3 In addition, where you have consented to us doing so, we allow third party marketing partners (such as the Licensed Items official accounts, analytics providers and advertising partners) to collect your Personal Information over time and across different websites or online services when you use the Licensed Items.
8.4 Where we or our affiliate companies share your Personal Information with any third parties, we will use reasonable efforts to ensure that such third parties only use your Personal Information:
(a) in compliance with this Privacy Policy; and
(b) subject to any other instructions and restrictions as required by us, including any appropriate confidentiality and security measures that we implement.
8.5 As we continue to develop our business, we or our affiliate companies may be acquired by a third party or re-organise our group structure. In these circumstances, your Information may be transferred within our group and/or to a third party who will continue to operate the Licensed Items or similar services under either this Privacy Policy or a different privacy policy that will be provided to you. The party to which your Personal Information is transferred may be located, and use your Information, outside of your home country.
8.6 We may also be required to retain, preserve or disclose your Personal Information under the circumstances set out in Clause 13.
9. COMMUNICATIONS FROM US
9.1 When you use the Licensed Items, we may use your Information to send you emails, messages, newsletters or push notifications to your device. If you no longer wish to receive these communications, you can do so by following the unsubscribe instructions in the emails we send to you, opting out of notifications at the device level (if available) or contacting cs@proximabeta.com.
9.2 We may from time to time send you service-related announcements when we consider it necessary to do so (such as when we temporarily suspend the Licensed Items for maintenance). You may not opt-out of these service-related announcements, which are not promotional in nature.
10. AGE RESTRICTIONS
10.1 We do not knowingly collect Personal Information from any children under the age of 16. Please contact cs@proximabeta.com if you believe we have any Personal Information from any children under the age of 16– we will promptly investigate (and remove) such Personal Information. As set out in theTerms of Service – if you are under the age of16(or the relevant age in your jurisdiction where you are considered a minor), your parent or guardian must agree to this Privacy Policy (both for themselves and on your behalf) before you can use the Licensed Items.
11. TRANSFER, STORAGE AND SECURITY OF YOUR PERSONAL INFORMATION
11.1 We operate and may continue to operate servers in a number of jurisdictions around the world, so the server on which your Personal Information is used and stored may not be in your jurisdiction. Any of the third parties referenced in Clause 8 above may also be located and/or use and/or store your Personal Information outside of your jurisdiction for the purposes set out in that Clause. In both instances, your Personal Information may be transferred to jurisdictions that do not have data protection laws which are substantially similar to or serve the same purpose as the laws of your jurisdiction.
11.2 We will ensure that all data transfers comply with applicable legal requirements (for example, by adopting suitable data protection policies and/or contractual measures). Should you wish to know more, please contactcs@proximabeta.com.
11.3 We use a variety of generally accepted security technologies and procedures for the purpose of preventing loss, misuse, unauthorised access or disclosure of Information – for example, we use encryption technology (such as SSL) to protect certain sensitive Information (such as Location Data) provided by you to us.
11.4 Please be aware that despite our efforts, no data security measures can guarantee 100% security at all times. We do not warrant or guarantee the security of the Licensed Items or any information you provide to us through the Licensed Items.
11.5 We may communicate with you electronically regarding security, privacy, and administrative issues relating to the Licensed Items. If we learn of a the Licensed Items security breach, we may attempt to notify you electronically by posting a notice within the Licensed Items or by sending direct communication to you.
11.6 If you have any questions regarding the security of your Personal Information, please contact cs@proximabeta.com.
12. PERIOD OF USE OF YOUR PERSONAL INFORMATION
12.1 We will only retain your Personal Information for so long as is necessary to fulfil the purposes for which it was collected, as set out in Clause 6 above.
13. ACCESSING, UPDATING, AMENDING OR PORTING YOUR PERSONAL INFORMATION
13.1 Subject to applicable laws and regulations, you may have the right to:
(a) obtain confirmation that we hold Personal Information about you;
(b) access, rectify or delete your Personal Information that we maintain;
(c) request and receive a copy of the Personal Information you have provided us and to transmit this information to another provider.
(d) object to or request the restriction of processing of your Personal Information; and
(e) have the information deactivated, blocked, anonymised or deleted, as appropriate.
13.2 To the extent provided by applicable laws and regulations, you may withdraw any consent you previously provided to us, including consent for email and targeted marketing communication and data transfers. We will use reasonable efforts to apply your preferences going forward.
13.3 If you would like to update or amend your Personal Information within the Licensed Items, you may do so in the first instance by logging into your account and making the appropriate changes. For example, you may be able to delete certain Location Data that you have provided us via your device settings or the “Clear Location” option within the Licensed Items.
13.4 If you wish to:
(a) make further changes to your Personal Information;
(b) exercise any of your rights mentioned above in this Clause 13; or
(c) to request the removal of an unauthorised the Licensed Items account,
please contact cs@proximabeta.com. We will use reasonable efforts to respond to all such requests made to cs@proximabeta.comwithin 4 weeks. Please note that your right to access Personal Information in the above manner may be limited in some circumstances by local law requirements.
13.5 In some cases, we may not be able to update, amend or remove your Personal Information, in which case we will let you know why we are unable to do so – for example, certain requests may be extremely impractical or require disproportionate technical effort (e.g. any requests that relate to our backup systems), or are prohibited by law.
13.6 Should your account be terminated by you or us for any reason, we will (subject to the above paragraph) take steps to ensure that your Personal Information is no longer available through the Licensed Items, or otherwise used by us, within a reasonable period of time (subject to technical limitations) after such account termination. However, it is important to note that communications made by you using the Licensed Items may put your Personal Information in the hands of third parties that we cannot control.
13.7 We will use reasonable efforts to respond promptly to requests, questions or concerns you may have regarding our use of Personal Information about you. Except where required by law, we cannot ensure a response to questions or comments regarding topics unrelated to this Privacy Policy or our privacy practices.
14. INTERNATIONAL DATA TRANSFERS
14.1 We are a global business. We may transfer Personal Information to countries other than the country in which the data was originally collected. For example:
(a) we operate and may continue to operate servers in a number of jurisdictions around the world, so the server on which your Personal Information is used and stored may not be in your jurisdiction; and
(b) any of the third parties referenced in Clause 8 may also be located and/or use and/or store your Personal Information outside of your jurisdiction for the purposes set outin that Clause.
In both instances, your Personal Information may be transferred to jurisdictions that do not have data protection laws which are substantially similar to or serve the same purpose as the laws of your jurisdiction. When we transfer your Personal Information to other countries, we will protect that Personal Information as described in this Privacy Policy.
14.2 In particular, we may need to transfer your Personal Information to countriesthat are not considered to provide an adequate level of protection under EU data protection laws. However, we ensure that all data transfers comply with applicable legal requirements (for example, by adopting suitable data protection policies and/or contractual measures). Should you wish to know more, please contact cs@proximabeta.com.
14.3 We have adopted suitable data protection policies and/or contractual measures to ensure that we protect your Personal Information as part of such international data transfers.By agreeing to the Privacy Policy, you consent to the transfer of your Personal Information for the purposes described in the Privacy Policy. You have the right to withdraw your consent at any time, but please note that if you do not consent to the transfer of if you withdraw your consent to transfer, you may not be able to benefit from all or some of our Services.