Last updated: 16 October 2020
This policy applies to personal information held about players and users of the Services developed by Mediatonic Limited and published by GHI Media, LLC trading as Devolver Digital.
You are not allowed to use our Services if you are less than 13 years of age, or the laws of the jurisdiction in which you live prohibit use of our Services. If you are between the ages of 13 and 18 (or the age of majority where you live):
- You and your parent or guardian must review this policy together before you use our Services;
- Your parent or guardian enters into this policy on your behalf and their own behalf when you use our Services; and
- Your parent or guardian will be responsible for all of your activities when you use our Services.
1. About this Policy
In this policy, "we," "us," and "our" means Mediatonic Limited, a company registered in England and Wales whose registered office is 111 Buckingham Palace Road, 4th Floor, London, England, SW1W 0SR. This policy deals with where we are acting as a 'data controller' under the data protection legislation: which essentially means where we are responsible for deciding what personal information we collect and how we use it. When we refer to "personal information" we mean information relating to you personally or from which you can be identified. Some of the information mentioned in this policy is not 'personal information' as is meant under data protection legislation, but we may refer to it to help you understand what we do.
We are committed to protecting and respecting the personal information of everyone we deal with - that is important to us and we know it is important to you.
In this policy you will find information about what types of personal information we hold about you, how and why we collect it, how we use it, and how we keep it secure. You'll also find information about your rights and how you can exercise them.
Please read this policy carefully and if you need to contact us about anything that is in here, or for anything else related to your personal information, you can reach us by email at firstname.lastname@example.org or by post at the address above.
2. What information do we collect about you?
We will collect some information about you to enable you to play the Game, to improve or optimise your gaming experience, to provide player services, to improve the services we provide and for marketing (see below for more details). This may include:
- Your public user name
- Your game profile - including information needed for the game to function, such as in-game progress, achievements and an inventory of in-game items.
- Device ID - a randomly generated identifier for your device.
- Game user account profile ID - a randomly generated identifier generated by our game server.
- Analytics ID - a randomly generated identifier used to distinguish activity from one game account versus another in our analytics data.
- Third party account ID - for example your account with Steam, Playstation or other third parties which you may use to sign into our game.
- Usage data including information about how you use the Game, the website, and related services and technical information about the device you are using.
- Marketing and communications data including your preferences in receiving marketing from us and our third parties.
3. How we collect information about you
We will collect this information in a variety of ways depending on how we interact with you.
You may give us your identity, contact or other information by filling in online forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
Automated technologies or interactions
As you interact with the Game we may automatically collect technical data about your device, in-Game actions and patterns. We collect this personal data by using telemetry data, server logs and other similar technologies.
Third parties or publicly available sources
We may receive personal data about you from a third party platform or distributor for example from your account with Steam or Playstation or other third parties which you use to sign into the Game.
4. How we use your information
We use different information in different ways:
- providing and managing the Game, the website, and its related services;
- to answer your enquiries or deal with your complaints;
- account verification and clearance;
- displaying your in-game profile;
- displaying leader boards, nicknames and any clan/guild information;
- analytics to help us develop improve the Game and the website;
- detecting hacking, cheating and other activities that ruin the experience of players using the Game;
- detecting and reporting fraud and other unlawful activity;
- direct marketing to let you know about products and services that may be of particular interest to you;
- administering surveys and opinion polls;
- managing competitions and/or promotions and your registration for the same;
- managing alpha, beta or early access tests including collecting your feedback; and
- complying with legal or regulatory requirements.
We do not make any legally significant decisions about individuals based solely on automated decision-making.
5. Legal basis for processing
There are a number of different legal grounds for processing personal information. Which one is applicable will depend on how we are using your information and for what purpose. In the majority of cases this condition will be that:
- You have provided your consent to us using your personal information in that way;
- Our use of your personal information is in our legitimate interest as a commercial organisation. However, we will only use personal data relating to players users for the purposes of legitimate interests where players’ interests, and rights and freedoms do not override our legitimate interests or the legitimate interests of the organisations we work with. Our legitimate interests include for the purpose of providing, developing, improving and promoting the Game and our wider business;
- Our use of your personal information is necessary to perform a contract or take steps to enter into a contract with you; and/or
- Our use of your personal information is necessary to comply with a relevant legal or regulatory obligation.
6. Sharing your information
The personal information you provide to us may be shared with other players, our staff and the following types of service providers:
- the publisher of the Game, GHI Media, LLC trading as Devolver Digital;
- platforms and distributors of our games such as Steam or Playstation;
- multiplayer server providers, data analytics providers, and data storage providers;
- our auditors, insurers, lawyers and other professional advisers;
- marketing partners;
- customer service support partners;
- law enforcement agencies, other governmental agencies or third parties if we are required by law to do so;
- other wholly-owned subsidiary, sister or holding companies in our corporate group; or
- other business entities should we plan to merge with or be acquired by that business entity, or if we undergo a re-organisation with that entity.
If you have agreed to be contacted for marketing purposes we may use your personal information to send you information about us and our services. You can unsubscribe from receiving them at any time and details of how to unsubscribe will be included in any marketing communications we send you. You also have the option of "unsubscribing" from our mailing list at any time thereby disabling any further such e-mail or other communication from being sent to you by emailing email@example.com.
We will action any opt out request from you as soon as we can.
We do not knowingly collect or use any personal data relating to children under the age of 13.
9. International transfers
We routinely transfer personal data outside the UK. Where we transfer personal data outside the UK to a country that has not been recognised as providing an adequate level of data protection we use the standard contractual clauses unless we have identified another appropriate safeguard or relevant exemption.
10. How long will we keep your information?
We keep personal data relating to players for the period that the Game is available to play. Once we make the Game unavailable, we will delete all personal data relating to players of the Game.
In some circumstances you can ask us to delete your data: see "Your Rights" below for further information.
Sometimes we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
If you opt out from marketing, we will retain your information to enable us to respect your wishes to not be contacted for marketing purposes.
11. Your Rights
Everyone has the right to –
- Information about how we use personal data (which is what this notice is for)
- Access to personal data
- Object to the use of personal data (including the sale of personal data to other companies)
- Erasure of personal data
- Portability of personal data
- Withdraw consent where our use of personal data is based on consent
- Rectification of personal data
- Restriction of personal data
- Complain to your supervisory authority
Please be aware that these rights are not absolute and there may be some situations in which they cannot be exercised or are not relevant. The Information Commissioner’s Office provides more information about data protection rights - www.ico.org.uk.
You will not be treated differently or discriminated against for exercising any of your rights.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect. Such measures will be appropriate to the nature of the data concerned and the level of risk. If you have been provided with a password to access any of our services you should not share that password with anyone else.
13. Our liability to you
To the extent permitted by applicable law, we are not liable to you for the following types of loss or damage that may arise from our breach of this policy:
- loss or damage that you suffer as a consequence of the actions or omissions of third parties, including platforms or publishers;
- any indirect, consequential, punitive or special loss or damage; or
- any loss or damage if we do not comply with this policy because of events beyond our reasonable control, including (without limitation), an act of God, storm, fire, flood, internet outage, epidemic or pandemic, strikes, or riots.
14. Changes to these Terms
We may need to amend this policy from time to time, for example, in order to ensure that we remain compliant with applicable law or to reflect any changes we make to the Game and its related services.
Your continued use of the Game and its related services after any changes to the policy have been made by us will mean that you accept those changes. If you do not agree to any changes to the policy, you may not continue to use the Game and its related services.
Any changes to this policy will not affect your accrued rights and will not have any retrospective effect.
If you have a complaint, please let us try to resolve it first. You can send us details of your complaint by email to firstname.lastname@example.org.
This policy, and any dispute, shall be governed by and interpreted in accordance with English law, except for certain claims and disputes, for example, relating to consumer protection, unfair competition and tort, which may subject to the laws of the country or state in which you are resident.
17. Dispute Resolution by Binding Arbitration
BY ACCEPTING THE TERMS OF THIS POLICY, YOU AND WE EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
This Section offers a streamlined way to resolve disputes between you and us if they arise. Most of your concerns can be resolved by emailing email@example.com. If we cannot resolve your concern, you and we agree to be bound by the procedure set forth in this Section to resolve any and all disputes between us.
This Section is an agreement between you and us, and applies to our respective agents, employees, affiliates, predecessors, successors, beneficiaries and assigns. This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this Section.
- Claims Covered by Arbitration
All disputes, claims or controversies arising out of or relating to this policy, any of our Services and their marketing, or the relationship between you and us ("Disputes") shall be determined exclusively by binding arbitration. This includes claims that accrued before you entered into this policy. The only Disputes not covered by this Section are claims (a) regarding the infringement, protection or validity of your, our or our licensors's trade secrets or copyright, trademark or patent rights; and (b) brought in small claims court.
- Informal Negotiations
You and we shall first attempt to resolve any Dispute informally for at least 30 days before initiating arbitration. The informal negotiations commence upon receipt of written notice from one person to the other ("Notice of Dispute"). The Notice of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought. We will send our Notice of Dispute to your billing or email address. You will send your Notice of Dispute to: firstname.lastname@example.org.
- Binding Arbitration
If you and we cannot resolve a Dispute informally, you or we may elect to have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, or if you send us a notice to the Notice of Dispute address above indicating that you are unable to pay the fees required to initiate an arbitration, we may pay the relevant arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator shall make a decision in writing, and shall provide a statement of reasons if requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. You and we may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN OUR OR YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator shall not consolidate another person's claims with your claims, and shall not preside over any type of representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If this specific subsection is found to be unenforceable, then the entirety of this agreement to arbitrate shall be null and void.
Arbitration shall be initiated in New York to the extent legally possible, and you and we agree to submit to the personal jurisdiction of that court, in order to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
- Changes to this Arbitration Agreement
We will not enforce material changes to the agreement in this Section to arbitrate, unless you expressly agree to the changes.
If any clause within this Section (other than the class action waiver clause above) is illegal or unenforceable, that clause will be severed from this Section, and the remainder of this Section will be given full effect. If the class action waiver clause is found to be illegal or unenforceable, this entire Section will be unenforceable, and the Dispute will be decided by a court.