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PRIVACY POLICY & END USER LICENCE AGREEMENT

A Square Softworks (A2 Softworks) is a brand of game development studio owned by CYBERNETIC TECHNOLOGIES NETICTECH S.A. with registered office in Poznan (61-894), pl. Andersa 7 (recorderd into Register of Entrepreneurs of National Court Register by the District Court Poznan – Nowe Miasto i Wilda in Poznan, VIII Commercial Department of National Court Register under the number 0000526636, REGON: 302847263, NIP: 7831717833).

We consider the privacy of users as very important and we are committed to protecting it. The purpose of this Privacy Policy & End User Licence Agreement is to make it safe – it applies to your use of Gatewalkers (hereinafter referred to as the Computer Game) and describes the kind of information we process, how do we process it and why do we process it.
CYBERNETIC TECHNOLOGIES NETICTECH S.A. is the Data Controller.

Please read our Privacy Policy & End User Licence Agreement carefully to get a clear understanding and knowledge about how we collect, use, protect or otherwise handle your Personal Data in accordance with our Computer Game. If you do not agree to the terms of this Privacy Policy & End User Licence Agreement, please do not use the Computer Game and exit it immediately.

This Privacy Policy & End User Licence Agreement applies from 30th June 2020 and fully replaces all previous versions of this document.

1. MAJOR BASIC TERMS

Below you will find an explanation of the major basic terms used in this Privacy Policy & End User Licence Agreement:
• “NETICTECH” or the “Company” or “we” or “us” or “our” means CYBERNETIC TECHNOLOGIES NETICTECH S.A. with its registered office in Poznań (61-894), pl. Andersa 7;
• “You” or the “User” means an individual using the Computer Game;
• “Personal Information” or “Personal Data” means any Information relating to an identified or identifiable person collected by the Company;
• “GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);
• the “Computer Game” means the Gatewalkers.

2. END USER LICENCE AGREEMENT (EULA)
2.1 The Computer Game and all its elements, in particular its graphics, computer code, user interface, look, audio, video, text, layout, databases, data and all other content and all legal and exploitation rights regarding them, are the property of NETICTECH and are protected by intellectual property laws, in particular by the Act of 4 February 1994 on Copyright and Related Rights. All personal and property copyrights are reserved.
2.2 Under the condition that the User has legally gained the access to the Computer Game on the Steam platform, NETICTECH grants the User with a revocable, non-transferable, non-exclusive, limited licence to download, install, access and play the Computer Game. This licence does not allow the User to grant sublicence to anyone else and does not transfer to the User the ownership rights.
2.3 This licence is granted exclusively for personal use subject to the provision 2.9. The User shall not use or exploit any part of the Computer Game except as explained in this Agreement.
2.4 By downloading, installing, accessing and playing the Computer Games, the User does not acquire any ownership rights, including copyrights, to the Computer Game and any of its elements.
2.5 The User shall not violate any rights of NETICTECH, in particular:
a) use the Computer Game for commercial purposes in any manner whatsoever subject to the provision 2.9;
b) modify, merge, distribute, translate, transform, reverse engineer, decompile, disassemble, derive source code or create derivative works based on the whole or any part of the Computer Game;
c) hack, harm, grief of misuse the Computer Game;
d) interfere with NETICTECH or third party network software, including via tunnelling, code injection, modifying or changing the software, using any other similar software together with NETICTECH’s software (Computer Game), through protocol emulation, or through creation or use of private servers regarding the Computer Game;
e) copy, rent, lend, lease, sublicence, distribute, publicly display the Computer Game;
2.6 The Computer Game shall contain explanation of specific system requirements necessary for its usage. The Computer Game requires Internet access.
2.7 Occasionally NETICTECH may need to patch or update the Computer Game (for instance to add or remove features or to resolve software bugs). NETICTECH reserves right to implement such patches or updates at any time. Please note that the Computer Game is provides “as is”.
2.8 NETICTECH agrees to create “Let’s Play” fan materials by the User. Subject to the following provision 2.9., the User shall not place “Let’s Play” materials in any other computer games, products, property of third parties etc.
In case the User creates a “Let’s Play” material he/she grants NETICTECH with a worldwide, non-exclusive, licence to use, reproduce, distribute, transmit, public display / presentation, create derivative works, modify such material.
2.9 Subject to other restrictions provided in this Agreement, online Streamers and/or Youtubers creating “Let’s Play” fan materials are entitled to use and share it on websites and online platforms hosting video content (such as YouTube) also for commercial purposes. The User is fully responsible for what he/she displays.
2.10 In case the User is under 18 years old, the consent of her/his legal representative is required to enter into this Agreement. Please note that our games may contain the age restriction.
2.11 NETICTECH reserves the right to terminate this Agreement with immediate effect if the User materially breaches this Agreement.
2.12 Please note that NETICTECH is subject various legal obligations (imposed by international and Polish law). In some case NETICTECH may be required to comply with such obligations.

3. PRIVACY POLICY
3.1. Categories of Processed Data
3.1.1. Data Provided Voluntarily by Users by using Computer Game
By using Computer Game, which is done on the basis of your voluntary, explicit and freely chosen option, the User entails collection by NETICTECH to his/her data possible to gain by NETICTECH using Steamworks API and Steamworks.NET such as:
a. Steam Authorization Session Tickets (verifying ownership of the current ID and the fact that the User is logged in)
b. User’s Steam ID, nickname, avatar (of the User and her/his friends) and friends list;
c. status of the User and her/his friends;
d. User’s Internet Protocol address
We also inform that previously we have not collected more data than those indicated above and in point 3.1.2.
3.1.2 Data provided voluntarily by Users by direct contact between the User and NETICTECH.
NETICTECH would like to know about your experience of using the Computer Game. For this purpose the User may contact us by e-mail in accordance with point 4.2 of this Privacy Policy & End User Licence Agreement.
In order to answer to User’s requests and messages, as well as to conduct further correspondence with Users, we process the Personal Data provided directly by users, such us:
• e-mail address;
• first name, surname and nickname;
• additional Personal Data as they are contained in the message which User send to us.
We collect the above mentioned Personal Data and process them solely in order to conduct e-mail correspondence with the Users.
3.2. Purposes and legal basis for Personal Data processing
We may process your Personal Data because we have legitimate interests in doing so (under Article 6, Subsection 1, letter f) GDPR). Among these interests are:
• to provide, operate, maintain, personalize and improve our services including the Computer Game;
• to operate and maintain the Computer Game;
• to send you administrative communications, such as confirmation e-mails, technical notices, updates on policies, security alerts;
• to respond to your requests;
• for the purpose of advertising;
• to monitor and prevent any problems with our services;
• to protect, investigate and deter against unauthorized or illegal activity.
We may also process your Personal Data on the basis of your consent (we will ask you for this separately) - under Article 6, Subsection 1, letter a) GDPR. Please remember that you may always subsequently withdraw your consent.
We may also process your Personal Data in order to comply with the applicable law, under Article 6, Subsection 1, letter c) GDPR.
When we collect your Personal Data, some of them is necessary for us to provide you with a service you have asked or to comply with legal requirements. If you do not provide such necessary Personal Data when requested, this may affect the goods and services that we can provide. In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
3.3. Automated decision-making and profiling
We will not use your personal data for decisions based solely on automated processing if the decision has legal effects concerning you or if it significantly affects you, unless you gave your explicit consent for this processing.
3.4. Personal Data security
Pursuant to applicable regulations, NETICTECH maintains reasonable technical and administrative procedures and measures to protect collected Personal Data against accidental or unlawful destruction or accidental loss, alteration or unauthorized disclosure. However, NETICTECH cannot ensure or warrant the security of any data against any possible loss or unauthorized access such as data hack.
In the case of a security incident, in which we discover your Personal Data may be at risk, we will take reasonable efforts to notify you and, if required, the applicable authority too.
3.5. Users’ rights related to the Personal Data
NETICTECH respects Users’ legal rights to their Personal Data, such us:
• the right to be informed – NETICTECH keeps you informed of what we do with your Personal Data (including the purpose, scope and method of the processing);
• the right to access – you have the right to access your Personal Data, including the right to request a copy of your Personal Data that we hold about you;
• the right to rectification – you have the right to amend or update your Personal Data, so that we can keep it up-to-date;
• the right to opt-out – at any time you may opt-out of future e-mail communications by following the unsubscribe links which may be found in our e-mails or by contacting us in accordance with point 4.2. of this Privacy Policy & End User Licence Agreement;
• the right to erasure (“the right to be forgotten”) – in certain circumstances you may request that we erase or forget your Personal Data;
• the right to withdraw consent – you have the right to withdraw your consent at any time and NETICTECH has to stop processing your Personal Data unless we have other legal ground for processing of your Personal Data. The withdrawal of consent does not affect the compliance of the processing which was made on its basis before the withdrawal of consent;
• the right to restriction of processing – in certain circumstances you have the right to restrict the processing of your Personal Data;
• the right to data portability – in certain circumstances you have the right to receive the Personal Data concerning you, which you provided to us, in a structured, commonly used and machine-readable format, for your own purposes;
• the right to object - in certain circumstances you have the right to object to the processing of your Personal Data where, for example, your Personal Data is being processed on the basis of legitimate interests and there is no overriding legitimate interest for us to continue to process your Personal Data;
• the right to complain to the Supervisory Authority – if you believe we have mishandled your Personal Data, you have the right to lodge a complaint with the Supervisory Authority.
In order to exercise your rights, please contact us in accordance with point 4.2. of this Privacy Policy & End User Licence Agreement.
3.6. Disclosures
In certain circumstances we may disclose your Personal Data (indicated in 3.1.1 and 3.1.2) to the third parties – always in accordance with applicable law.
We may share your Personal Data with third party service providers (i.e. providing technical support on our behalf) for the purpose of providing you with our services.
We may also disclose your Personal Data if this is necessary to:
• comply with applicable laws or to respond to lawful request and valid legal procedures;
• protect or defend the safety, rights of property of us, other users or any other person.
We may also share your Personal Data when we have your consent to do so. Please be advised that you can always withdraw your consent.
3.7. Transfer of Personal Data outside the European Economic Area (EEA)
In some cases your Personal Data may be transferred to, stored in, or accessed from a destination outside the EEA. Where we transfer your personal data outside the EEA, we will ensure that it is protected in a manner that is consistent with how your personal data will be protected by us in the EEA. This can be done in a number of ways, for instance:
• the country that we send the data to might be approved by the European Commission or a relevant data protection authority;
• the recipient might have signed up to a contract based on “model contractual clauses” approved by the European Commission, obliging them to protect your personal data; or
• where the recipient is located in the US, it might be a certified member of the EU-US Privacy Shield scheme.
Your Personal Data may be also transferred outside the EEA with your consent to the specific transfer.
In other circumstances the law may permit us to otherwise transfer your personal data outside the EEA. In all cases, however, we will ensure that any transfer of your personal data is compliant with data protection law.
3.8. Retention of Data
NETICTECH will keep your Personal Data for as long as necessary for the purposes for which it was collected, to provide you with products or services, to conduct legitimate business interests, and where otherwise required or permitted by applicable law.
To determine the appropriate retention period for the information we collect from you, we consider the amount, nature, and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure of the Personal Data, the purposes for which we process the data, whether we can achieve those purposes through other means, and the applicable legal requirements.

4. MISCELLANEOUS
4.1. Changes and Updates to this Privacy Policy & End User Licence Agreement
NETICTECH reserves the right to modify this Privacy Policy & End User Licence Agreement at any time. In such a case, the User will be notified of any changes in this Privacy Policy & End User Licence Agreement when launching the game. The User’s consent to such changes (expressed by clicking the button) will be necessary for her/his continued use of the Game. The date of the most recent update will appear at the top of this page.
4.2. Contact us
If you would like to request access to the information concerning you, correct, modify, delete or update Personal Data that you have provided to us, or if you have any inquiries or additional questions regarding our Privacy Policy & End User Licence Agreement, we will be happy to provide you with the information. The Company’s contact details are as follows:
CYBERNETIC TECHNOLOGIES NETICTECH S.A.
Plac Andersa 7
Poznan, 61-894
netictech@netictech.com
www.netictech.com
+48 61 664 2606
4.3. Governing Law
This Privacy Policy & End User Licence Agreement , shall be governed according to the laws of Poland and any dispute regarding it shall be exclusively under the jurisdiction of the proper court in Poznan.