PLEASE READ THIS PRIVACY POLICY CAREFULLY. IT DESCRIBES DETAILS ABOUT HOW WE COLLECT, USE AND DISCLOSE YOUR PERSONAL INFORMATION.
Thank you for reading our Privacy Policy and visiting our websites located at www.arcgames.com, www.torchlight1.com, www.torchlight2.com, www.torchlight3.com, www.haveanicedeath.com, www.hyperlightbreaker.com, www.iplayufogame.com, www.playstartrekonline.com, www.playneverwinter.com, www.playchampionsonline.com, www.playpwi.com, www.gogigantic.com, www.remnantgame.com, and www.playfellowship.com (or any subsequent URL which may replace them), and all officially associated micro-sites, mobile sites, subdomains, directories and subdirectories of such sites (collectively, the “Website”). Arc Games Inc. and Arc Games B.V. (collectively “Arc Games”, “we”, “our”, or “us”) use and maintain this Privacy Policy (“Privacy Policy”) that summarizes when and how your Personal Information is collected, used, safeguarded and disclosed in connection with your use of the Websites, and any games and game platforms, clients software, downloaded software or servers operated by Arc Games through the Website or otherwise supported by Arc Games on the Website (each, the “Game”, and collectively, the “Games”), and all features, functions, software and services offered through this Website. The Website, the Games and the features, functions, software and services offered through this Website collectively constitute the “Service.” This Privacy Policy also describes the choices available to you regarding the use of, your access to, and how to update and correct your Personal Information. We reserve the right to change this Privacy Policy at any time. If we make any material changes to this Privacy Policy, we will notify you by email, when required by applicable law (sent to the email address specified in your account), and we will provide a notice on this Website prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.
1. What is Personal Information?
As used herein, the term “Personal Information” means information is linked or reasonably linkable to an identified or identifiable individual (such as a name, address, telephone number, mobile number, email address, or other account number), and information about that individual’s location or activities, such as information about his or her use of the Service, IP addresses or mobile device identifiers. Personal Information also includes demographic information such as date of birth, gender, geographic area and preferences. Personal Information does not include “aggregate” information, which is data we collect about the use of the Service or about a group or category of products, services or users, from which individual identities or other Personal Information has been removed. Aggregate data helps us understand trends and our users’ needs so that we can better consider new features or otherwise tailor our Service. This Privacy Policy in no way restricts or limits our collection and use of aggregate information.
2. What Information Do We Collect and For Which Purposes?
Active Collection
Personal Information may be collected in a number of ways when you visit or use our Service. For example, we may collect your name, address, email address, user name and other contact and demographic information when you register and set up an account, or contact us by email or other means for any reason. When you make a purchase, we may also collect your credit card or other payment or billing information. Personal Information may also be collected if you provide such information in connection with creating a profile or group, leaving comments, posting content, sending an email or message to another user or participating in any interactive chat rooms, forums, social media platform or other features on the Website or Service, or when you use our Games. In addition, from time to time we may collect demographic, contact or other Personal Information you provide in connection with your voluntary participation in surveys, sweepstakes, contests, games, promotional offers, and other activities. You can access certain portion of our Service without providing us with any Personal Information. However, you will not be able to utilize certain features that require registration or receive materials unless certain information is provided.
To the extent that the processing of this Personal Information is necessary for the performance of our Service, we rely on art. 6.1.(b) of the European General Data Protection Regulation (“GDPR”) if and insofar as the GDPR applies. Where processing is not necessary for the performance of the Service and other legal basis (such as, for example, our legitimate interest in the sense of art. 6.1.(f) of the GDPR if and insofar as the GDPR applies) are inapplicable, your consent to such processing will be requested. From time to time we may change the information requested upon registration or with respect to certain features or services, so this may not be a complete list.
From time to time we post customer testimonials/comments/reviews on the Service which may contain Personal Information. We do obtain the customer’s consent via email prior to posting the testimonial to post their name along with their testimonial. If you wish to update or delete your testimonial, you can contact us at privacy@arcgames.com.
Facebook Connect
You can log in to our Service using Facebook’s sign-in service (“Facebook Connect”). This service will authenticate your identity and provide you the option to share certain Personal Information with us such as your name and email address to pre-populate our sign-up form. We may also collect other information from Facebook, including, but not limited to, the user ID associated with your account, an access token necessary to access that Service, any information that you have permitted Facebook to share with us, and any information you have made public on Facebook. If you allow us access to your friends list, your friends’ user IDs, and your connection to those friends, such information may be used and stored to make your experience more social, and to allow you to invite your friends to use our Service as well as provide you with updates if and when your friends join our Service. You should always review, and if necessary, adjust your privacy settings on Facebook before linking or connecting them to our Website or Service. You may also unlink your Facebook account from the Service by adjusting your Facebook settings. You may also have the option to post information about your activities on this Service to your Facebook profile page to share with others within your network.
Log Files
When you use the Service, some information is also automatically collected, such as your Internet Protocol (IP) address, your operating system, the browser or mobile device type and language, access times, the address of a referring website, and your activity on the Service. We also use website analytics tools on our Service to retrieve information from your browser or mobile device, including the site you came from, the search engine(s) and the keywords you used to find our site, the pages you view within the Service, your browser add-ons, and your browser’s width and height and other information that assists us in improving the Service.
We also deliver advertisements and provide website analytics tools on non-Arc Games sites and our Services, and we collect information about page views on these third party sites as well.
To the extent the processing of your Personal Information for this purpose is necessary to deliver the Service, and if and insofar as the GDPR applies, we rely on art. 6.1.(b) of the GDPR. To the extent that the processing of your Personal Information is required for our legitimate interest to better understand your use of the Service, and if and insofar as the GDPR applies, we rely on art. 6.1.(f) of the GDPR. If you are located in the European Union, and as described in our Cookie Policy, we will only use certain cookies when you have given your consent for this. Otherwise, it is used in the aggregate only.
Tracking Technologies
We may collect certain information through the use of “cookies” or other similar tracking technologies to analyze trends, administer the website, track users’ movements around the website, and to gather demographic information about our user base as a whole. Users can control the use of cookies at the individual browser level. Please see our Cookie Policy for more information.
Device Identifiers
When you access the Service by or through a mobile device (including but not limited to smart-phones or tablets), we may use, access, collect, monitor and/or remotely store one or more “device identifiers,” such as a universally unique identifier (“UUID”). Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by us. A device identifier may convey information to us about how you browse and use the Service. A device identifier may remain persistently on your device, to help you log in faster and enhance your navigation through the Service. Some features of the Service may not function properly if use or availability of device identifiers is impaired or disabled.
To the extent the processing of your Personal Information for this purpose is necessary to deliver the Service, and if and insofar as the GDPR applies, we rely on art. 6.1.(b) of the GDPR. To the extent that the processing of your Personal Information is required for our legitimate interest to better understand your use of the Service, and if and insofar as the GDPR applies, we rely on art. 6.1.(f) of the GDPR.
User Identifiers
When you access the Service, we use, access, collect, monitor and/or remotely store one or more “user identifiers.” User identifiers are small data files or similar data structure assigned to a user that will be used to enable you to continue in-game progress, use games across multiple platforms and help associate your identity across multiple platforms. A user identifier may convey information to us about how you browse and use the Service. A user identifier may remain persistently on your device or computer, to help you log in faster and enhance your navigation through the Service. Some features of the Service may not function properly if use or availability of user identifiers is impaired or disabled.
To the extent the processing of your Personal Information for this purpose is necessary to deliver the Service, and if and insofar as the GDPR applies, we rely on art. 6.1.(b) of the GDPR. To the extent that the processing of your Personal Information is required for our legitimate interest to better understand your use of the Service, and if and insofar as the GDPR applies, we rely on art. 6.1.(f) of the GDPR.
Location Data
When you access the Service, we may use, access, collect, monitor and/or remotely store “location data,” which may include your geographic location, your physical location including your general geolocation and/or IP addresses. Location data may convey to us information about how you browse and use the Service, in order to aid us in the provision of Services to you.
Your desktop or mobile device settings may allow you to disable or block location-based services, which will prevent our Services from accessing your location information. If you choose not to provide this information, you may not be provided with content specific to your location, and we or our marketing partners may not be able to provide you with the applicable personalized services and content. In addition, some features of the Service, particularly location-based services, may not function properly if use or availability of location data is impaired or disabled.
Data Collected To Prevent Unauthorized Use and Unauthorized Software
When you run our Game software, this may involve software functions designed to detect unauthorized use of our Services or unauthorized and malicious programs. In this context, we may access, collect, monitor and/or remotely store screenshots of game play, information relating to hardware capacity, modifications related to our Game software, signatures, profiles or names of known unauthorized or malicious third party programs, files or processes that enable or facilitate cheating, unfair advantage or hacking of the Games or Service. If unauthorized or malicious programs are detected, the Game software may also communicate to us the users account and User ID and information about the unauthorized or malicious program or its use.
We see this processing as necessary for the purposes of the legitimate interests pursued by us, in line with art. 6.1.(f) of the GDPR. If and insofar as the GDPR applies, you have the right to object to this type of processing by contacting us as indicated above. In such case, we will carefully assess whether there are compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims.
Information Collected in Console Games
When you access to a console game on a console platform (such as PlayStation™ Network, Nintendo Switch™, Microsoft Xbox, etc.), we collect the following information automatically through your use of the Services: Internet Protocol (IP) address, log data (time and period), in-game items and behaviors, achievements you have completed in the game, other users you referred.
We also obtain information from third party sources. If you play our game on a network connected console of Sony, Sony may share with us your PSN Online ID, country, gender, age, "Friends" and block list in console platform. The sharing of such information by console platforms to us will be subject to the privacy policy of relevant console platforms: PlayStation™ Network, Nintendo Switch™, and Microsoft Xbox.
From time to time we may change the information requested upon registration or with respect to certain features or Services, so this may not be a complete list.
You can access certain portions of our Service without providing us with any Personal Information. However, you will not be able to utilize certain features that require registration or receive materials unless certain information is provided. The processing of this Personal Information is lawful as it is necessary for the performance of our Service.
Information Collected from Third-Party Sources
In certain instances, we also collect certain information about you from third-party sources. For instance, for select giveaway promotions, we may obtain Personal Information about you such as your: first and last name, email address, city of residence, state/region, country, birthday, and social media usernames, handles, and identifiers.
No Special Categories of Information
We do not request or intend to collect any “special categories of information” as defined in art. 9 of the GDPR, such as any information on health, race, religion, political opinions or philosophical beliefs, sexual preferences or orientation. We also want to kindly remind you to be cautious when sharing this information about yourself (or others) in our forums.
3. For What Other Purposes Do We Use Personal Information?
In general, we use Personal Information we collect to process your requests or transactions, to provide you with information or Services you request, to inform you about other information, events, promotions, products or Services we think will be of interest to you, to facilitate your use of, and our administration and operation of, the Service, to better understand the needs of our visitors, and for the purpose for which the information was provided.
Also, your information will be shared with us by Console Platform, including PSN Online ID, country, gender, age, "Friends" and block list in Console Platform. We will use such information to deliver the console games and Service to you. This processing is necessary for the performance of our Service in line with art. 6.1(b) of the GDPR (if, and to the extent that, it applies).
Other processing activities are necessary for the purposes of the legitimate interests pursued by us or a third party, for example:
In particular, in console games, we use your Personal Information to communicate with you, to improve our Services, and for other purposes including those set out below. We collect Internet Protocol (IP) address, log data (time and period), in-game items and behaviors, achievements you have completed in the game and other users you referred through your use of the Services. We will use such information to keep the record of your account and to improve the functionality of our Games and Services.
Furthermore, in order to offer you more consistent and personalized experience in your interactions with us, information collected through one offering or portion of the Service may be combined with information obtained through other offerings or portions of the Service. We may also supplement the information we collect with information obtained from other companies. For example, we may use Services from other companies that enable us to derive a general geographic area based on IP address in order to customize certain Services to your geographic area.
If and insofar as the GDPR applies, you have the right to object to this processing based on our legitimate interests by contacting us as indicated above. In such case, we will carefully assess whether there are compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims.
Where processing is not necessary for the performance of the Service or we do not have legitimate interests or other legal basis are inapplicable, your consent to such processing will be requested as appropriate under applicable laws.
Insofar as the GDPR applies, we process Personal Information based on your consent, for example:
If you provide us Personal Information about others, you should make sure you have obtained their consent or have lawful basis to do this. In such case, or if others give us your information, we will only use that information for the specific reason for which it was provided to us.
4. Do We Share Personal Information? If So, How Do We Share Your Information?
We will share your Personal Information with third parties only in the ways that are described in this Privacy Policy.
Our Service Providers
We may share Personal Information with vendors, consultants and other service providers (“Service Providers”) such as our credit card processor and our Live Chat vendor who are engaged by or working with us in connection with the operation of the Service and who need access to such information to carry out their services for us. We provide access to the information they may need to perform our Services under reasonable confidentiality terms. In some cases, the Service Provider may be directly collecting the information from you on our behalf. We require Service Providers to only use Personal Information they obtain from us to provide the Services for us.
We may share your Personal Information with third party partners or Service Providers or allow such third party partners or Service Providers to collect information from you directly in order to provide services to us, including serving you targeted advertisements on or off the Service, provide offers, surveys or marketing messages or providing analytic services. Arc Games complies with the Principles for all onward transfers of Personal Information from the EU, Switzerland, and the UK, including the provisions governing onward transfer liability. For example, we may use your contact details (such as email or phone number) in order to use Facebook's Custom Audiences, which enables Facebook to identify and advertise to you on our behalf on the Facebook platform.
We share Personal Information with third parties when you give us your consent to do so if it is required by applicable laws. For example, we may enter into relationships with other parties to make specific services or offers available directly to our users. If a user opts in to these third party services or marketing offers, for example by clicking through to a third party link, we may share the Personal Information you provide at the time of sign-up or other Personal Information about you, such as your name or other contact information, that we deem reasonably necessary or appropriate for our business partner to provide these services or offers or get in contact with you. If you no longer want us to share your personal information with these companies, contact us at privacy@arcgames.com.
Our Subsidiaries
We may share information with companies in the same group of companies as Arc Games, which includes our subsidiaries (i.e., any organization we own or control) or our ultimate holding company (i.e., any organization that owns or controls us) and any subsidiaries it owns. These companies will use your Personal Information in the same way as we can under this Privacy Policy.
We see this processing as necessary for the purposes of the legitimate interests pursued by us, in line with art. 6.1.(f) of the GDPR. If and insofar as the GDPR applies, you have the right to object to this type of processing by contacting us as indicated above. In such case, we will carefully assess whether there are compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims.
Sharing In Response To Legal Obligations
We may access, disclose or preserve Personal Information, including the content of your communications, in the good faith belief that we are lawfully authorized by public and governmental authorities, regulators or courts, or when required to do so, including to meet national security or law enforcement requirements, or that doing so is reasonably necessary or appropriate to comply with the law or with legal process or authorities, respond to any claims, or to protect the rights, property or safety of Arc Games, our users, our employees or the public, including without limitation to protect Arc Games or our users from fraudulent, abusive, inappropriate or unlawful use of our Service. We may also disclose your Personal Information to any other third party with your prior consent if it is required by applicable laws.
Publicly Available Information
You understand that when you use the community features of our Service, information you post in public or private groups, forums, and other interactive areas of the Service, as well as any information you share with individuals through the Service, will be available to other users and in some cases (such as when you post to a public area of the Service) may be publicly available. We recommend you be cautious in giving out Personal Information to others or sharing such information in public or private online forums. We are not responsible for the actions of any third parties with whom you share Personal Information. To request removal of your Personal Information from our community forums or other public areas, contact us at privacy@arcgames.com. Even if you remove information that you posted to the Service, copies may remain viewable in cached and archived pages of the Service, or if other users have copied or saved that information. In some cases, we may not be able to remove your Personal Information, in which case we will let you know if we are unable to do so and why.
Sharing Due to Merger, Acquisition And Similar Situations Of The Transfer Of Company Assets
Information we collect and process, including Personal Information, may also be disclosed or transferred as part of, or during negotiations of, any merger, sale, divestiture, or transfer of all or a portion of the company assets, financing or acquisition or in any other situation where Personal Information may be transferred as one of the business assets of Arc Games. You will be notified via email and/or a notice of any change in ownership, uses of your Personal Information, and choices you may have regarding your Personal Information. For the processing of your Personal Information for this purpose, we rely on our legitimate interest to conduct our business in good faith, in line with art. 6.1.(f) of the GDPR (if, and to the extent that, the GDPR applies).
Please note that nothing herein restricts the sharing of aggregate information, which may be shared with third parties without your consent.
5. International Transfers of Personal Information
In order to be able to also use your account on our Website and in our Service and to be able to choose a server located in the United States or in Europe for gaming, the information relating to your account and use of our games is transferred between Arc Games Inc. located in the United States and Arc Games B.V. located in The Netherlands. We also transfer data outside Europe where our third-party Service Providers or partners are located.
If and insofar as the GDPR applies, in case such recipients are located in a third country for which the European Commission has not yet decided that it ensures an adequate level of protection and where derogations for specific situations do not apply, we shall implement appropriate safeguards with regard to the processing of your Personal Information. Where we rely on such appropriate safeguards for the transfer of your Personal Information, we will assess whether these safeguards can sufficiently protect your Personal Information so that the level of protection guaranteed in the European Union is not undermined by the transfer. If this is not the case, we will take the additional measures necessary to provide appropriate protection for your Personal Information. If it is not possible to provide for appropriate protection of your Personal Information, we will not transfer your Personal Information to the recipient in a third country, or will transfer your Personal Information only if and to the extent that another mechanism justifies the transfer of your Personal Information in accordance with applicable data protection law. To obtain a copy of these data protection safeguards or to obtain information about their applicability, please send a request via email to privacy@arcgames.com.
6. Links to Third Party Sites
Our Service contains links to other websites. Third party social media sites may log information about you, for example, if you click an “Add This” or “Like” button for a social media site while on our Website or Service. We do not control such sites or their activities. Any Personal Information you provide on the linked pages is provided directly to that third party and is subject to that third party’s privacy policy. We are not responsible for the content or privacy and security practices and policies of websites to which we link. Links from our Service to third parties or to other sites are provided for your convenience only. We encourage you to learn about their privacy and security practices and policies before providing them with Personal Information.
7. Hardware Capacity Communication
You understand and agree that when you download a Game, in order to be able to use the Game, the Game software may monitor and communicate information from your computer relating to hardware capacity.
8. Performance Monitoring
You understand and agree that when you communicate with other users within a game or utilize any interactive features available on the Service, such as instant messaging, forums or chat rooms, such communications and postings are transmitted through our servers, and we may, but are not obligated to, monitor all such communications and postings, including those that are designated as “private,” to the degree that laws and regulations enable us to do this. Therefore, as the abovementioned performance monitoring might involve access to these communications and postings, please do not use these communication channels for private messages or to exchange Personal Information.
This processing is based on our legitimate interest to keep our Service efficient and safe, in line with art. 6.1.(f) of the GDPR (if and to the extent that the GDPR applies).
9. What Steps Do We Take to Protect Personal Information Online?
Arc Games endeavors to take reasonable precaution to safeguard and secure the Personal Information we collect through the Service. We have put in place physical, electronic, and managerial procedures that are designed to prevent unauthorized access, loss, or misuse of Personal Information. For example, Arc Games uses SSL (secured socket layer) technology to encrypt your transmission of sensitive information to us, such as account passwords, credit card numbers and other payment-related identifiable information).
In addition, we restrict internal access to Personal Information to employees who need the information to perform their duties. The unauthorized access or use of such information by an employee is prohibited and constitutes grounds for disciplinary action.
Additionally, our information management systems are configured in such a way as to block or inhibit employees from accessing information that they have no authority to access. You should note that our Service Providers may be responsible for processing, handling or storing some of the Personal Information that we receive. They are not authorized to market to you independently. These Service Providers are contractually required to safeguard and secure the Personal Information they received from us. Although we strive to protect your Personal Information, you should be aware, that information sent over the Internet is not completely secure and may be intercepted or accessed by third parties. Therefore, we cannot guarantee the security of such information, and we are not responsible or liable for any such interception.
If you have any questions about security on our Service, you can contact us at privacy@arcgames.com.
10. What Choices Do You Have Regarding the Use Of Your Personal Information?
Arc Games gives you certain options to control the collection, use, and disclosure of your Personal Information. We will ask for your consent before sharing your Personal Information with third parties in ways not covered by this Privacy Policy (including any use for direct marketing purposes), if it is required by applicable laws.
When you create an Arc Games account (i.e., the account on our Service, excluding any account on the third-party platforms, such as Google Play, Facebook, PlayStation™ Network, etc.), you can manage the Privacy Settings of your profile. Please visit “My Account” section on the Website to change the Privacy Settings of your profile.
Arc Games may send you a welcome email, Service and account related emails and may send you marketing and promotional email about our products and Services.
If and insofar as the GDPR applies, and if you are an existing customer, such communications are based on our legitimate interest to stay in touch with you, and to market, promote and overall successfully deliver our Service. If and insofar as the GDPR applies, and if you are not an existing customer, we will obtain your consent before sending direct marketing communications.
If you do not want Arc Games to send you marketing and promotional emails about our products and Services, you can opt-out by following the unsubscribe instructions included in each promotional email. You may also manage email newsletters and updates in the “My Account” section on the Website. However, this shall not affect our ability to send you Service and account related emails or to use your Personal Information as otherwise described in this Privacy Policy.
Arc Games may send you marketing and promotional postal mail about our products and Services. If you would like to have your name, resume or any other Personal Information removed from our mailing list or our systems, contact us at privacy@arcgames.com.
Please refer to your browser’s or mobile device’s technical information for instructions on how to delete and disable cookies, and other tracking/recording tools. Depending on your type of browser or mobile device, it may not be possible to delete or disable tracking mechanisms. Note that disabling cookies and/or other tracking tools prevents us and our business partners from tracking your browser’s activities in relation to the Service, and for use in targeted advertising activities by us or third parties. However, doing so may disable some of the features available through the Service. If you would like more information about cookies and targeted advertisements or to opt out of having this information used by companies that are part of the Network Advertising Initiative, please visit www.networkadvertising.org/choices.
As mentioned above, if you are based in the European Union and the GDPR applies to our processing of your Personal Information, we will only use, where applicable, strictly necessary, performance, functional, targeting, and social media cookies when you have given your consent for this, as described in our Cookie Policy. You can choose whether to accept the use of cookies by indicating your cookie preferences in our cookie management tool located at the footer of each Website.
11. Children’s Privacy
Children under the age of 13 are not eligible to use our Service. The Services are not directed to children under the age of 13. Arc Games does not intentionally collect Personal Information from children without seeking any required parental consent in accordance with applicable legal and regulatory obligations, such as the U.S. Children’s Online Privacy Protection Act (“COPPA”). If we discover that we have inadvertently collected information from children under 13, we will delete the child’s information from our systems as soon as possible. If you become aware that Personal Information about a person under 13 has been provided to us, please immediately contact us at privacy@arcgames.com.
We may ask you to provide age-related information for age verification to assist us with compliance with laws and regulations, including COPPA. Such information that we may request in connection with age verification may be your date of birth. If a parental consent is required and if a parent provides their consent, parents can review the account settings and make choices with regard to their child’s account and data.
12. How to Review, Update, Correct, Or Delete Personal Information
Upon request Arc Games will provide you with information about whether we hold, or process on behalf of a third party, any of your Personal Information. To request this information please submit a ticket using the Customer Support website: support.arcgames.com.
If and insofar as foreseen in applicable data protection legislation, you have the right to request from us access to and rectification or erasure of Personal Information or restriction of processing or to object to processing as well as the right to data portability, please contact us at privacy@arcgames.com.
Please note that certain types of Personal Information that is necessary to check eligibility, such as birth date or age, cannot be deleted unless you close your Account. However, such information may be modified with sufficient verification of the new information. Note that if you choose to have us delete all of your data, you may need to open a new user account to continue receiving the full functionality of the applicable Services.
To have access to your Personal Information, you must provide sufficient proof of identification as we request, and we reserve the right to deny access to any user if we believe there is a question about your identity. We will respond to all access requests within 30 days.
Moreover, we reserve the right to retain your information in our files if we believe it is necessary or advisable to resolve disputes, for fraud and security purposes, enforce the Terms of Service, and for technical, regulatory and legal requirements and constraints related to the Service.
Where processing is based on your consent, you have the right to withdraw consent at any time. Furthermore, you have the right to lodge a complaint with a competent supervisory authority.
13. Data Storage
We store Personal Information for as long as we reasonably need it to fulfill the purposes for which it was collected. We may retain certain information for legitimate purposes or as required by applicable laws.
14. General Data Protection Regulation
When you are in the European Union, the European Regulation (EU) 2016/679, also referred to as the “General Data Protection Regulation” or “GDPR”, applies to the collection and processing of your Personal Information by Arc Games.
Arc Games Inc. is a United States based company and our servers and business operations are located primarily in the United States of America. By using our Service and providing us with information, please note that your Personal Information will be processed on computers located in the United States of America in the manner described in this Privacy Policy. You acknowledge and understand that the laws regarding Personal Information in the United States may be less stringent than the laws of your country and may not offer the same protections or rights as those laws. If you object to your Personal Information being transferred or used as described in this Privacy Policy, please do not use this Service. Additionally, if you are under age 16, do not provide any Personal Information unless you have first obtained your parent’s or guardian’s permission, and your parent or guardian has expressly given us consent for you to do so.
For EU users: Arc Games Inc. is a United States based company and our servers and business operations are located primarily in the United States. In order to be able to also use your account on our Website and in our Service and to be able to choose a server located in the United States or in Europe for the Games or our Services, the information relating to your account and use of our Games is transferred between Arc Games Inc. located in the United States and Arc Games B.V. located in the Netherlands.
Data Privacy Framework
Arc Games Inc. is certified under the EU-U.S. Data Privacy Framework, the UK Extension to the EU-U.S. Data Privacy Framework, and the Swiss-U.S. Data Privacy Framework (“Data Privacy Framework”), which provide a mechanism for the transfer of personal data from the European Union, United Kingdom and Switzerland, respectively.
If there is any conflict between the terms in this Privacy Policy and the Data Privacy Framework Principles, the Data Privacy Framework Principles shall govern. To learn more about the Data Privacy Framework program, and to view our certification, please visit https://www.dataprivacyframework.gov/.
Arc Games Inc. complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. Arc Games Inc. has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union and the United Kingdom in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF. Arc Games Inc. has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) Program, and to view our certification, please visit https://www.dataprivacyframework.gov/.
In compliance with the Data Privacy Framework, Arc Games Inc. commits to resolve complaints about our collection or use of your Personal Information. EU, UK, and Swiss individuals with inquiries or complaints regarding our Privacy Policy should first contact Arc Games Inc. by email at privacy@arcgames.com or by the address below:
Arc Games Inc.
Attn: Legal Department Arc Games Privacy
100 Redwood Shores Parkway, 2nd Floor
Redwood City, CA 94065.
In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, Arc Games commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF to JAMS, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://www.jamsadr.com/DPF-Dispute-Resolution for more information or to file a complaint. The services of JAMS are provided at no cost to you.
Arc Games Inc.’s representative for GDPR purposes in the European Union is Arc Games B.V., with registered address in Herikerbergweg 181 Unit 4.3, 1101CN, Amsterdam, The Netherlands, with corporate identification number 75256827.
The Federal Trade Commission has jurisdiction over Arc Games’ compliance with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF).
If Arc Games does not resolve any claimed violations of the Principles by any other DPF mechanism or by your rights under this section, you have in accordance with the requirements of Annex I to the DPF the possibility to invoke binding arbitration before the Data Privacy Framework Panel.
15. Contact Us
If you have any questions, concerns, or comments regarding this Privacy Policy, please contact us via email at privacy@arcgames.com or by writing to us at the appropriate address below:
If you are in the European Union, you may also contact Arc Games B.V. for inquiries regarding your Personal Information by regular mail at the following address:
Arc Games B.V.
Attn: Privacy Policy Inquiry
in Herikerbergweg 181 Unit 4.3
1101 CN, Amsterdam, The Netherlands.
If you are outside the European Union, you may contact also Arc Games Inc. for inquiries regarding your Personal Information by regular mail at the following address:
Arc Games Inc.
Attn: Privacy Policy Inquiry
100 Redwood Shores Parkway, 2nd Floor
Redwood City, CA 94065
United States of America.
16. Additional Information for California Residents
California Civil Code Section 1798.100 et seq., as amended by California Privacy Rights Act, (“CPRA”), requires us to provide the following information.
This section of the Privacy Policy describes the Personal Information Arc Games collects or processes about California residents in connection with the application materials and the use the online activities, how Arc Games uses, shares, and protects that Personal Information, and what your rights are concerning your Personal Information that Arc Games collects or processes.
Personal Information Arc Games Collects and Shares, and For What Purpose
In the past 12 months, Arc Games has collected the Personal Information discussed above in the section titled “Which information do we collect, and for which purposes.” Additionally, in the past 12 months, Arc Games has disclosed the above information with the following categories of third parties for a business purpose:
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Category of Personal Information |
Categories of Third Parties to whom the information is disclosed for Operational Business Purposes |
Business Purpose for Disclosure |
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Personal Identifiers: Information such as your name; username; email address; mailing address; IP-address; and date of birth.
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Affiliates; Service Providers, vendors; professional advisors; third parties in connection with contractual obligations. |
To provide the Services and marketing. To ensure compliance with company policies; to create and maintain cybersecurity controls; to ensure compliance with legal obligations. |
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Internet or other network activity information: Information regarding your interaction with the online activities and other applications; geolocation information; links you use or web pages you visit; other applications; browser type; internet Service Provider (ISP); cookies. |
Affiliates; vendors; professional advisors; legal authorities, government agencies, and regulators. |
To provide the Services and marketing. To ensure compliance with company policies; to create and maintain cybersecurity controls; to ensure compliance with legal obligations. |
|
Commercial information: Transaction information, purchase history, records of personal property, products or services purchased, obtained, or considered. |
Affiliates, vendors and Service Providers. |
For our marketing purposes and to provide the Services. |
|
Geolocation data such as location derived from your IP address. |
Affiliates, vendors, Service Providers. |
To provide Services and marketing. |
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Inferences drawn from any of the Personal Information listed above to create a profile or summary about an individual’s preferences, for example. |
Affiliates, vendors, Service Providers. |
To provide Services and marketing. |
Opt-out Preference Signals
In addition to the privacy controls described above, Arc Games recognizes Global Privacy Control signals where legally required. A Global Privacy Control (“GPC”) is a browser setting that a user can set in order to send a signal to each website visited regarding the user’s privacy preferences, such as not to share or sell user’s Personal Information. If your browser or browser extension has GPC enabled, we will automatically recognize that signal and opt you out of the sale of your personal information.
Your Rights as a California Resident
Requests to Know
You have the right to request that we disclose:
Our delivery of this information may take place electronically or by mail. We are not required to provide Personal Information to you more than twice in a 12-month period.
Requests to Delete
You have the right to request that businesses delete any Personal Information collected about you. Upon receiving a verified request to delete your Personal Information, we will do so unless otherwise authorized by law.
The Right to Opt-out of the Sale or Sharing of your Personal Information
You have a right to opt-out of the sale or sharing of your Personal Information as such terms are defined by the CPRA.
Arc Games may disclose cookie data with third party analytics providers order to provide and maintain the online activities. Such a disclosure may constitute a “sale” for purposes of the CPRA. Arc Games has made such disclosures in the past 12 months. If you wish to limit these disclosures, you may do so via the “Do Not Sell or Share My Personal Information” link in the relevant Website footer. Please note that Arc Games does not knowingly sell or share the information of individuals under the age of sixteen (16) without parental consent.
The Right to Non-Discrimination
You have a right not to receive discriminatory treatment for the exercise of your California privacy rights.
Right to Correct Inaccurate Information
You have the right to request that Arc Games correct any inaccurate Personal Information about you, considering the nature of the Personal Information and the purposes of the processing of the Personal Information. Upon a receiving such a request, Arc Games will use commercially reasonable efforts to correct the inaccurate Personal Information.
Verifiable Requests
We will acknowledge the receipt of requests to know or requests to delete your information free of charge. You may submit requests via the mechanisms given below. In order to protect your privacy and the security of your information, we may verify your request by asking you to provide additional information about yourself for us to match against our records. We will respond to your request within 45 calendar days of receipt, after we have successfully verified your identity.
You may submit a request via privacy@arcgames.com or use our webform at https://support.arcgames.com.
Notice of Financial Incentive Programs
We may offer our customers marketing incentive programs that provide certain benefits, such as coupons or other incentives for signing up for our mailing lists or SMS messaging, rebate programs, and promotional events that may require you to opt into marketing communications. To provide you with this benefit, we process your Personal Information, such as name, email address, age, phone number, product purchase history, and address. Because opting into our marketing incentive programs involves the collection and processing of Personal Information, the programs may qualify as “financial incentive” under the California Privacy Rights Act, or other similar incentives. Please be aware that the value of your Personal Information to us corresponds to the value of the coupon or benefit that you receive when you consent to receiving marketing communications, minus the expenses associated with offering those coupons or benefits. You may opt out of these incentive programs at any time by contacting us using the contact information in this Privacy Policy or by replying “STOP” to any SMS message, as applicable.
Authorized Agents
You may designate an authorized agent to make requests on your behalf. You must provide an authorized agent written permission to submit a request on your behalf, and we may require that you verify your identity directly with us. Alternatively, an authorized agent that has been provided power of attorney pursuant to Probate Code sections 4000-4465 may submit a request on your behalf.
Your Rights Under California’s Shine the Light Act
We do not disclose Personal Information to third parties for their direct marketing purposes.
Last updated: September 9th, 2024