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NEOWIZ EULA
1. GENERAL
This End User Software License Agreement (the "License Agreement" or the "Agreement") is a legal agreement between you (either an individual or an entity) and NEOWIZ ("Neowiz") and its suppliers and licensors (collectively the "Provider") governing your use of any application, and updates and upgrades that replace or supplement the application in any respect and which are not distributed with a separate license (collectively the "Application"). By installing or using the Application, you understand, and agree to be bound by the terms of: (1) this License Agreement, (2) NEOWIZ Privacy Policy at Privacy Policy IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, PLEASE DO NOT INSTALL THE APPLICATION. YOU AGREE THAT BY USING THE APPLICATION YOU UNDERSTAND, AND ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. THE PROVIDER USE OF PERSONAL INFORMATION YOU PROVIDE TO THE PROVIDER AND USAGE DATA IS GOVERNED BY THE NEOWIZ PRIVACY POLICY AT: Privacy Policy
2. GRANT OF LICENSE.
The Provider grants to you a non-exclusive license to download and use the Application and any related documentation (the "Documentation") subject to the terms and conditions of this Agreement, including but not limited to the following terms:
(a) You may not: (i) allow other individuals to use the Application except under the terms listed above; (ii) copy the Application or Documentation (except for back-up or archival purposes); (iii) modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the Application or Documentation; (iv) remove any proprietary notices or labels on the Application or Documentation; (v) rent, lease, transfer, assign or otherwise transfer rights to the Application or Documentation. Violation of any acts described in this Section 2(a) shall immediately terminate your license to the Application.
(b) You may only use the Application and Documentation in a manner that complies with all applicable laws in the jurisdictions in which you use the Application and Documentation, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.
(c) You shall only use the Application for your non-commercial, private use. You are strictly prohibited from using the Application (including portion of the Application) in any way to provide any commercial service. Copies of content files, including, but not limited to any portion of the online games serviced by the Provider, which are downloaded, installed, converted or copied using the Application, and that are protected by the appropriate, and applicable intellectual property laws, including but not limited to, patent laws, copyright laws, trademark laws, trade secrets, or any other related laws of any jurisdictions and countries, are for your own personal use only and may not be distributed to third parties.
(d) You may not use the Application to, or in an attempt to, or in conjunction with, any program, device, or service designed to circumvent technological measures employed to access to, or to gain the rights in, a content file or any other work protected by the copyright laws of any jurisdiction.
3. THIRD PARTY ADVERTISEMENTS.
Neowiz may provide links on the Service to web sites operated by third party or vendors who may invite you to participate in a promotional offer in return for receiving an optional component of the Service and/or upgrades (such as in-game currency). You are responsible for any charges or obligations you incur in your dealings with these third parties are your responsibility. Neowiz makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked to from our Service, and will not be liable for any claim relating to any third party content, goods and/or services. Those sites are not under the control of Neowiz and may collect data or solicit personal information from you. Neowiz is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement by Neowiz of these linked sites.
4. AUTOMATIC COMMUNICATIONS FEATURES.
(a) The Application consists of interactive Internet applications that perform a variety of communications over the internet as part of their normal operation. A number of communications features are automatic and are enabled by default. By installing and/or using the Application, you consent to the Application’s communications features. Once you log into the Application, user information including your user ID will be sent in communications with the Provider’s servers. This information is used to access your regular account, premium content, non-premium content, services, features, and other personalized services. The Provider may match the user id to personally identifiable information in order to provide you with products, services, and software that you’re entitled to and to provide you with relevant information. You are responsible for any telecommunications or other connectivity charges incurred through use of the Application.
(b) Auto Update and Patches: The Application, using its update files, automatically communicates with the Provider’s servers on the internet to check for updates to the Provider’s and the Provider partner’s software, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions. The Application also has the capability to perform background update checks. The Provider may download updates during the background checks, when the Application automatically communicates with The Provider’s servers, when you manually check for updates, or when the Provider detects a file it does not support.
(c) Mailing Server: The Application, using its mailing server, automatically communicates with The Provider’s servers to check for new important messages, including software updates and service bulletins. The mailing server also has the capability to perform background message checks. The mailing server sends information about installed the Application’s products and components to the servers to determine relevant software update messages.
(d) Cookies: The Application also allows the use of cookies, similar to an Internet browser. This allows any website to set cookies for you when you view any of the website’s content through the Application, unless you have disabled cookies. If you have disabled cookies, you may be asked to login each time you access premium software features and services and some Real services may not function properly. To learn more, visit the NEOWIZ Privacy Policy link on our website at: Privacy Policy
5. CONSENT TO USE OF DATA.
To facilitate product support and other services to you, you agree that Neowiz may collect, use, store and transmit non-personally identifiable technical and related information that identifies your mobile device(including mobile unique device ID(If applicable)), IP Address, operating system, application software and peripheral hardware. In addition, Neowiz may collect and store non-personally identifiable Application usage statistics. All data is collected, used, stored and transmitted in accordance with NEOWIZ Privacy Policy located at: Privacy Policy. To the extent that anything in this section conflicts with the terms of Neowiz’s Privacy Policy, the terms of the Privacy Policy shall control.
6. INTELLECTUAL PROPERTY.
Title, ownership, rights, and intellectual property rights in and to the Application and Documentation shall remain in the Provider and/or its suppliers. The Application is protected by the copyright laws, trademark laws, patent laws, and any other applicable intellectual property laws of the Republic of Korea and applicable international treaties. You understand that although you may "buy", "purchase" or "earn" virtual currency, including, but not limited to, virtual cash, tokens, or points, for the purpose of using the Service. You shall have no ownership in the Virtual Items. You acknowledge and agree that such Virtual Items are accumulated as part of your Account and therefore you shall have no ownership or other property interest in any of Virtual Items. You further acknowledge and agree that Neowiz has the right, but has no obligation, to delete, alter, move, remove, or transfer any and all contents of the Service (including Virtual Currency), in whole or in part, at any time and for any reason, with or without notice to you, and with no liability of any kind to you. Neowiz shall not refund any Virtual Currency caused by Internet Connection or failure to access the Internet. Neowiz prohibits and does not recognize any purported transfers of Virtual Items effectuated outside of the Service, or the purported sale, gift or trade in the "real world" of anything that appears or originates in the Service, unless otherwise expressly authorized by Neowiz in writing. Accordingly you agree not to sublicense, trade, sell or exchange Virtual Items for value of any kind outside of a game, without Neowiz’s written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination.
7. PAYMENT.
When you purchase a license to use virtual currency or virtual items from another party where your purchase is processed, including, but not limited to, Apple (for purchases on iOS devices) or Google (for purchases on Android devices), Neowiz only receives your records of transactions. Please note that purchases through third party payment process may also be subject to third party’s policies and Neowiz is not a party to the purchases.
8. ACCESS
You must also provide all equipment and software necessary to connect to the Application, including, but not limited to, a mobile device that is suitable to connect with and use the Application. You are solely responsible for your use thereof and any damages to your mobile phone or mobile device or computer system, any loss of data, and any other damage or harm of any kind that may result therefrom. Neowiz is not responsible for any problems or technical malfunction of any mobile phone or mobile device, telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or players due to technical problems or traffic congestion on the internet or on any of the service or combination thereof, including any injury or damage to users or to any person’s mobile phone or mobile device or computer related to or resulting from participation or downloading materials in connection with the Application. You are also responsible for any fees, including internet connection or mobile fees that you incur when accessing the Application.
9. WARRANTIES AND LIABILITIES.
For the Pay and Premium versions of the Software, the following terms apply;
WARRANTY
Although the Provider shall use reasonable methods to continuously provide the service to you, the Provider does not warrant that your use of the Software will be uninterrupted or that the operation of the Software will be error-free or secure.
(a) - No Other Warranties
NO OTHER WARRANTIES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE PROVIDER AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE, THE ACCOMPANYING WRITTEN MATERIALS AND ANY ACCOMPANYING HARDWARE. If any modifications are made to the Software by you during the warranty period; if the media is subjected to accident abuse or improper use; or if you violate the terms of this License Agreement, this warranty shall immediately terminate. This warranty shall not apply if the Software is used on or in conjunction with hardware or Software other than the unmodified version of hardware and Software with which the Software was designed to be used as described in the Documentation. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS; YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
(b) - Customer Remedies
The Provider’s sole liability for a breach of this warranty shall be in The Provider’s sole discretion: (i) to replace your defective media; or (ii) to advise you how to achieve substantially the same functionality with the Software as described in the Documentation through a procedure different from that set forth in the Documentation; or (iii) if the above remedies are impracticable, to refund the license fee, if any, you paid for the Software. Repaired, corrected or replaced Software and Documentation shall be covered by this limited warranty for the period remaining under the warranty that covered the original Software or if longer for thirty (30) days after the date the Provider either shipped to you the repaired or replaced Software or advised you as to how to operate the Software so as to achieve the functionality described in the Documentation, whichever is applicable. Only if you inform the Provider of the problem with the Software during the applicable warranty period and provide evidence of the date you acquired the Software will the Provider be obligated to honor this warranty.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY WHETHER IN TORT CONTRACT OR OTHERWISE SHALL THE PROVIDER OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES EVEN IF THE PROVIDER SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY OTHER PARTY. FURTHER, IN NO EVENT SHALL THE PROVIDER’S LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT EXCEED THE LICENSE FEE PAID TO THE PROVIDER FOR THE SOFTWARE AND DOCUMENTATION. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
For the Free, Trial, Pre-Release, Alpha, and Beta versions of the Software, the following terms apply:
DISCLAIMER OF WARRANTY & LIMITATION OF LIABILITY
THE APPLICATION AND DOCUMENTATION, ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROVIDER FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE APPLICATION AND DOCUMENTATION REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE APPLICATION EVEN IF THE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PROVIDER’S TOTAL LIABILITY FOR ANY DIRECT DAMAGES SHALL NOT EXCEED TWENTY UNITED STATES DOLLARS (US$20.00). BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE PROVIDER DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY CONTENT PROVIDED BY OR THROUGH THE APPLICATION.
10. Service Use Restriction
In the event that the members fall under the following reasons, the company may take proper action and cancel the service contract without prior notice.
(a) In the event that false information is registered when applying for or changing membership
(b) In the event that the company judges or suspects the member's information as being stolen or abnormally used
(c) In case the information is stolen or interrupted by another person
(d) In case of a false representation of an operating personnel, employee or person in the company
(e) In case of business activities using the service without prior consent from the company
(f) In case a user exploits bug in a company program or acquires game cash, game items or game money in an abnormal way
(g) In case of using a computer program, device or device not provided or approved by the company to disable technical protection of company services or interfere with the normal operation of the game
(h) In case of harassment, intimidation or continuous pain or discomfort to a particular user
(i) In case it is judged that it is difficult to view it through normal service use
11. INDEMNIFICATION.
You agree to hold harmless, indemnify and defend the Provider, its officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys’ fees and costs) arising out of or relating to any claims arising out of: (i) any unlawful use in connection with the Application in violation of another party’s rights or in violation of any law, or (ii) violated any terms of this License Agreement.
12. TERMINATION.
This License Agreement will automatically terminate if you fail to comply with any term hereof. No notice shall be required from the Provider to effect such termination. You may also terminate this License Agreement at any time by notifying the Provider in writing of termination. Upon any termination of this License Agreement, you shall immediately discontinue use of the Application and shall within three (3) days return to the Provider, or certify destruction of, all full or partial copies of the Application, documentation and related materials provided by the Provider. Your obligation to pay accrued charges and fees shall survive any termination of this License Agreement.
13. NO ASSIGNMENT.
This Agreement is personal to you, and may not be assigned without the Provider’s express written consent. In the event that you are an entity that merges with another entity or are acquired by another entity during the Term, you shall provide written notice of such merger or acquisition not later than the date on which any public announcement is made. If the Provider does not consent to assignment of this Agreement to the new or acquiring entity in such merger or acquisition, the Provider may terminate this Agreement on thirty (30) days’ written notice. Both parties shall perform under this Agreement until such termination is effective.
14. TECHNICAL SUPPORT.
If you wish technical support for the Application, please contact the Provider’s Technical Support Department: privacy@blessunleashedpc.oqupie.com
15. IMPORTANT – GENERAL INFORMATION.
Governing Law This Agreement and all disputes and claims relating in any way to, or arising out of, this Agreement or the Application shall be governed and construed in accordance with the laws of the Republic of Korea without giving effect to the conflict of laws doctrine thereof. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. In the event that you and Neowiz agree to settle any dispute, difference, controversy by the alternative settlement such as arbitration, such agreement shall be applied.
Complete Agreement
This Agreement shall constitute the complete and exclusive agreement between us, notwithstanding any variance with any purchase order or other written instrument submitted by you, whether formally rejected by the Provider or not. The acceptance of any purchase order you place is expressly made conditional on your consent to the terms set forth herein. The terms and conditions contained in this Agreement may not be modified by you except in a writing duly signed by you and an authorized representative of the Provider. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
Export
You agree to abide by U.S. and other applicable export control laws and agree not to transfer the Application to a foreign national or national destination, which is prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You certify that you are not a person with whom Neowiz is prohibited from transacting business under applicable law.
If you have questions, suggestions, or wish to file a complaint, please contact us at:
NEOWIZ
Customer Support
NEOWIZ PANGYO TOWER, 14, Daewangpangyo-ro 645beon-gil, Bundang-gu, Seongnam-si, Gyeonggi-do, 13487, Korea.
privacy@blessunleashedpc.oqupie.com
Last updated: August 25, 2020
NEOWIZ Privacy Policy
Revision Date: [ March 31, 2021 ]
The privacy policy (hereinafter ‘Policy’) shall be applied to all the global online services of NEOWIZ (hereinafter ‘Company’).
The Company is doing its best for safely using the service of the Company by transparently disclosing to the user how the precious personal information (hereinafter ‘Personal Information’ or ‘Data’) of the user is protected and handled.
The Company changes the Policy to reflect the relevant details if the regulation or the law is changed. In case of the major change of the Policy, a reasonable effort will be made to notify it to the user through the popup screen or the public notice. It is important for the user to frequently check the Policy for the user’s right (Right to Informational Self-Determination).
1. Personal Information Controller
The user provides Personal Information for the Company unless stated specifically for using the service. The Company can put an external specialty company in charge of Personal Information for service improvement. For example, if an article is bought from the Company and a request for sending it by FedEx is made, the Personal Information of the user will be shared by FedEx. In this case, the Company will take a reasonable action on protecting the Personal Information of the user through the written contract complying with the Policy.
The contact information of the Data Protection Officer of the Company is as follows.
DPO (Data Protection Officer)
• Company : NEOWIZ corporation
• Name : Sungsub Hwang
• Address: NEOWIZ PANGYO TOWER, 14, Daewangpangyo-ro 645beon-gil, Bundang-gu, Seongnam-si, Gyeonggi-do, Republic of Korea (13487)
•E-Mail : privacy@blessunleashedpc.oqupie.com
2. Personal Information Collection Method
The Company collects Personal Information from the user with the following method.
<Direct Provision by the User>
In general, the user submits Data directly through (1) the service or product purchase through the online platform of the Company, (2) the online game participation registration or the account and product registration, (3) the forum, (4) the contest registration, (5) the game or service use, (6) the survey, (7) the technical and customer support services, and (8) the newsletter. The submitted Data can include the name, the phone number, the e-mail, or the home address. Especially, the user should recognize that Personal Information can be included in the contents generated by the user including chatting and that the Data can be seen or heard by another user. Hence, the user should avoid the disclosure of the information enabling the identification of an individual as much as possible.
<Service Use>
The user submits (1) the game play and the activity within the game, (2) the service used, (3) the device information in case of service installation or access, and (4) the IP information. The Company can use the information for approximate positioning, service statistics, and system integrity (preventing hacking and fraud) or security.
<External Platform>
Relevant Data can be collected if the account is connected with another company such as the external console platform (Steam, XBOX, etc.).
3. Information Collected
The Company handles all the information related to the user account as Personal Information. Furthermore, Data are stored only for the minimum period needed for providing the best service for the user.
<Account Information>
The user account information means the Data provided and generated during account creation. The user can log in its account and update the most of the Data in the account setting. (Ex.: ID or e-mail, account name, nickname, and membership information)
<Customer Support Service>
The Company is outsourcing the operation of the customer support system (Company Name: Onionfive, https://oqupie.com). The Company or the outsourcee can request the Personal Information of the user to provide the satisfactory customer support and consultation system. (Ex.: Customer name, e-mail, IP address, inquiry details, compensation provision history, sanction history, contact information, customer service consultation history, and account information)
The Company cannot provide the satisfactory customer support service for the user not agreeing on the policy.
<Transaction Information>
The Company collects the transaction details related to purchase. The billing service providers (Payletter and Paymentwall) collect and handle the request information of the user, but the request Data copy of the user and the API key of the corresponding payment method are provided for the Company. Transaction details can be possessed within 5 years. (Ex.: Order details and history, expense request, refund, payment details, delivery details, and compensation details)
<Activity Information>
If the user uses the Company service, the Company collects the relevant log. In most cases, the log is kept for 90 or more days and for 1 year at maximum. (Ex.: IP address, access date and time, activity area and log, and the detailed information on the service use)
<Device Information>
The information on the device the user utilizes for the service use can be collected. (Ex.: Device model, operating system and version, unique device identifier, advertisement ID, MAC address, and log information)
<Game Information>
The information collected by the Company includes the technical information on the device and software used for access to the service or the game. Furthermore, the safe and stable service is provided for the users with the Easy Anti-Cheat solution of KAMU for the best service. Whenever a user starts a new game session, the KAMU client will automatically install the latest version suitable to the user system. The Company will detect and prevent the cheat used in the game by having the Easy Anti-Cheat solution check the user system whenever the game software is used. The Easy Anti-Cheat solution analyzes the game binary and scans the system memory to save the information on the cheating method and on the relevant data for cheat prevention. Please refer to the Privacy Policy of KAMU for more details.
<Location Information>
If the user utilizes the position information service, the Company can collect and handle the information on the actual user position like the GPS signal sent by the mobile device.
<Unique Application program Number>
The unique application number is included in the specific service. The number and the installation information (Ex.: The operating system type and the application program version) can be collected by the Company when the corresponding service is installed or removed or when the corresponding service periodically communicates with the server like the update.
4. Use of the Collected Data
The Company operates the service by using the Data collected from the user. Moreover, the Company can use the Data to prevent the repetitive input of the same information and to provide the more convenient use of the service for the user.
Work can be outsourced to a third party playing the proxy role for the Company to facilitate the service, and the user Data can be provided in case of outsourcing.
Furthermore, the Company can request the use of Personal Information according to the reasonable consideration and decision (1) if it is requested to comply with the corresponding law or regulation and (2) if it is needed to protect the rights and benefits of the Company officers and staffs and the agent or the user.
5. Data Sharing
The Company doesn’t share the user Data with or sell them to a third party without user’s consent. However, the Company can share the information disabling the identification of an individual like statistics information and public information. The Company sometimes handles Personal Information by outsourcing the work for e-mail sending, gift delivery, and customer support service. The Company will conclude the written contract on the outsourced work with a third party and will specify various Personal information protection actions in the corresponding contract. The user who doesn’t want the data sharing is advised to withdraw from the service anytime. The Company can share Personal Information if it is needed to comply with the legal procedure including the right protection and the court order and with the request of the government agency or another relevant agency or if there is a justifiable reason. Furthermore, in case of merger, acquisition, or bankruptcy, the user Data can be transferred to the successor company.
•EliteGames / Customer Service Center / Stored for 3 years
•Onionfive inc. / Customer service program development and operation / in case of the end of the consignment contract
•GameOn Co.,Ltd / Customer Service Center / Stored for 3 years
•Megazone Cloud(AWS) / Platform operation / In case of the end of the consignment contract
•Payletter / Payment agency / Stored for 5 years
•NAVER FINANCIAL / Payment agency / Stored for 5 years
•Korea Credit Bureau / Cellphone verification / In case of membership withdrawal
•m2net / Mobile gift voucher, a free gift shipping agent / Store for 3 months from the date of completion of shipment
•Emfoplus / LMS(Long Message Service) / Stored for 6 months
6. User Rights and International Transfers of Personal Data
<Storage and International Transfers Handling>
The computer system processing the Data collected from ‘Bless Unleashed’ among the services of the Company is based in the USA. The user Data can be transmitted form the user’s country to the computer system located in the USA for use, processing, or storage and can be used for the purpose specified in the policy. Moreover, the user has the right to Data modification, deletion, and restriction.
[EliteGames]
•Transfer Purpose : Customer Service
•Transfer Country : Philippines
•Transferred Personal Information Item : E-mail, Nickname, device information (OS version, PC DirectX Diagnostic result)
•Treansfer Date, Time and Method : Transmission through the network in case of submitting business talk details
•Personal Information Use Period : 3 years
•Chief Privacy Officer and Contact Information : Seungwon SHIN, sshin@eliterising.com
[NEOWIZ]
•Transfer Purpose : Customer Service
•Transfer Country : South Korea
•Transferred Personal Information Item : E-mail, Nickname, device information (OS version, PC DirectX Diagnostic result)
•Treansfer Date, Time and Method : Transmission through the network in case of submitting business talk details
•Personal Information Use Period : 3 years
•Chief Privacy Officer and Contact Information : Sungsub HWANG, privacy@blessunleashedpc.oqupie.com
[GameOn Co., Ltd]
•Transfer Purpose : Customer Service
•Transfer Country : Japan
•Transferred Personal Information Item : E-mail, Nickname, device information (OS version, PC DirectX Diagnostic result)
•Treansfer Date, Time and Method : Transmission through the network in case of submitting business talk details
•Personal Information Use Period : 3 years
•Chief Privacy Officer and Contact Information : Masato Mugitani, blessunleashedpc_privacy@gameon.co.jp
[Amazon Web Services]
•Transfer Purpose : Platform Operation
•Transfer Country : United States of America
•Transferred Personal Information Item : Service use record, member information
•Treansfer Date, Time and Method : Online transfer
•Personal Information Use Period : In case of service withdrawal, In case of the end of the consignment contract
•Chief Privacy Officer and Contact Information : safeharbor@amazon.com
[Amazon Web Services]
•Transfer Purpose : Membership Service, Game Service
•Transfer Country : United States of America
•Transferred Personal Information Item : E-mail, Name, date of birth, CI/DI, Access Log(ID, Time, IP Address, Country), System Information(CPU, GPU, MEM, OS Version), Game Log, Cookie
•Treansfer Date, Time and Method : Online transfer
•Personal Information Use Period : In case of service withdrawal, In case of the end of the consignment contract
•Chief Privacy Officer and Contact Information : safeharbor@amazon.com
<Right to Data Access and Receipt>
The user has the right to check with the Company about how its Data are processed and to receive the relevant materials.
<Right to Deletion>
The user has the right to request the deletion of its specific data.
<Right to Objection to Processing>
The user has the right to request for not processing Data if the Company has no proper right to the user Data or data are used for marketing.
<Right to Correction>
The user has the right to correct the incorrect Data of the user. Log in the Company account and make a change by using the account management setting.
<Right to Processing Restriction>
The user has the right to request the processing restriction not to have Data processed anymore in the specific case.
<Right to Data Transfer>
The user has the right to transfer Data to a third party. However, it is not used for the Company business. However, the Company will provide the Data copy containing the most basic account information of the user at user’s request.
7. Cookies and Internet Protocol Addresses
A cookie is the part of the information a web site stores in the computer when visiting the web site. The Company can use a cookie to collect data from the user. A cookie can include the mutual Data transfer between the Company and the user according to the policy. The user can select through the browser setting that the computer makes a warning whenever a cookie is sent or that all cookies are turned off. As the setting method is a bit different for each browser, the cookie modification method needs to be consulted through the help menu of the browser. Turning off the cookie disables the access to many functions making the guest environment more efficiently and some services not operated properly. The Internet Protocol (“IP) address is the unique number assigned to the server or the Internet Service Provider (“ISP”). The Company can track the IP address for system administration, aggregate information report, site tracking, security purpose, or server abuse prevention.
8. Data Deletion Method
The user can request the deletion of (1) the marketing information of the user or (2) the account information of the Company. The user account is deleted completely if the grace period of 7 days passes after the withdrawal request. Game information and history are completely deleted after deletion, and the refund of the possessed asset is impossible.
However, the Company can possess Data (a) to protect the business, the system, and the user from the fraud act, (b) to resolve the technical problem damaging the current function, (c) to exercise the necessary right toward the Company or another user, (d) to accept the law enforcement request based on the legal procedure, (e) to achieve the scientific or another purpose, and (f) observe the legal duty. The Company will do its best to respond to the user’s request fast. The service use of the user can be restricted or blocked due to the result or action caused from the user’s request.
Remark: A California resident can have the additional right. Please refer to Section 12.
9. Data Integrity and Security
In case of processing the user Data, the Company takes technical, administrative, and physical security actions prevent loss, theft, leakage, forge, falsification, or damage. However, the Internet is not a completely safe environment depending on the characteristics with the security risk evolving incessantly. However, the Company will make persistent and reasonable efforts steadily to protect the user Data and to secure the system security.
10. Children’s Personal Data
It is agreed that the Company has the special obligation on protecting the children’s personal Data.
Most of the Company services (online, mobile, and the others) are for the general public, and no Data are collected intentionally from children. Moreover, if it is checked that the user is below the game age grade, the service provision for the corresponding user will be blocked. If parents agree on the child’s use of the Company service, the communication services used by the general public like e-mail, chatting, and online group are used together and that information can be disclosed to other users.
If parents find the unpermitted collection of the personal information of the children, it is possible to contact the Company and request the deletion of the children’s personal Data. The security of collected data is maintained consistently with the policy. Hence, a policy change will be notified to parents and children with the reasonable method.
NEOWIZ ‘Bless Unleashed’ Game Age Grade:
- North America ESRB Teen(13)
- Europe PEGI 16
- Germany USK 12
- ROK GRAC 18
11. Opinions and Inquiries
If you have a question or an opinion on the Data protection of the Company, contact us through privacy@blessunleashedpc.oqupie.com.
The Company regularly reviews the observance of the regulation and the law. In order to protect the user Data safely, the Company delivers the personal information protection and security guidelines and provides education and campaign for personal information protection. If an inquiry is received officially, the user presenting the opinion will be contacted for taking a follow-up action actively. In order to resolve the complaint that cannot be handled directly with the person concerned, the close cooperation with the regulation authority including the local Data protection agency will be made.
12. Appendix (Privacy Right for California Residents)
<The California Consumer Privacy Act (CCPA)>
The California Consumer Privacy Act (CCPA) awards local residents the rights to have the company follow the request without discrimination in case of requesting Data disclosure, deletion, and sales. If the user requests the California privacy right, the Company will check the user identification for security. Moreover, the user can exercise its right in place of the user by designating an agent. The appendix explains the method for exercising the right and the Company process for handling the request.
<Right to Know>
A California local resident has the right to request the following Data.
• The specific part of the data the Company has for the user
• The category of the Data collected, sold, or disclosed for the work on the user within the last 12 months
• The purpose of Data collection or sales
• The list of the third parties to whom data were sold or disclosed for service or with whom Data were shared
The Company will provide Data in the easily checkable form if possible. The easiest method for requesting the corresponding Data is to contact the Company. If the Company needs additional information to check the user identification, the Company will contact the user to request the Personal Information of the user and the information on the past purchase and use of the Company product or service. If the Company rejects only the part of the user’s request, the reason will be explained through the answer.
<Right to Data Transfer>
Please refer to [6. User Rights and International Transfers of Personal Data].
<Right to Be Forgotten>
If the user is a California local resident, the request for deleting the collected Personal Information can be submitted to the Company. The account deletion by the Company is permanent and irrevocable with all games, assets, and histories deleted permanently. The Company can possess Data (a) to protect the business, the system, and the user from the fraud act, (b) to resolve the technical problem damaging the current function, (c) to exercise the necessary right toward the Company or another user, (d) to accept the law enforcement request based on the legal procedure, (e) to achieve the scientific or another purpose, and (f) observe the legal duty.
Furthermore, the Company needs a specific type of information to provide the Company service for the user. The easiest method for submitting the deletion request is to contact the Company. If the Company needs additional information to check the user identification, the Company will contact the user to request the Personal Information of the user and the information on the past purchase and use of the Company product or service. If the Company rejects only the part of the user’s request, the reason will be explained through the answer.
<Right to Opt-Out>
California local residents can escape from the sales of Personal Information as defined in the CCPA. However, the following cases are not included.
• If the user requests the Company to disclose Personal Information or requests the interaction with a third party, the third party doesn’t sell the Personal Information.
• The Company can use or share the identifier to make a warning to the third party for which the sales of Personal Information are suspended at the user’s request.
• The user Data are transferred as the part of the transaction of fully or partially governing the Company service. In this case, if a third party substantially changes the use, sharing, and sharing method of Data, a written notification should be made.
• The Company uses or shares user Data with the service provider needed for achieving the work purpose according to the written contract. The service is provided by the service provider in place of the Company, and the written contract of the Company prohibits the storage, use, or disclosure of user Data except for the specific purpose identified in the Contract.
<Right to Non-Discrimination>
The Company doesn’t discriminate against the user’s reasonable right exercise during the use of the Company service.
<Agent>
If an agent is designated for the right exercise in place of the user, (a) the provision of the written permission enabling the agent to exercise the right in place of the user should be verified, and (b) the evidence verifying the agent identification should be provided. If the agent doesn’t meet the requirements, the Company will reject the exercise of the right by the agent.
<California “Shine the Light” Law>
A California local resident user has the right to the annual request for the corresponding details of the data shared with a third party for marketing for the past year.
<Adolescent’s Privacy Right >
A California local resident adolescent has the right to request the perusal, modification, or deletion of the contents and Data posted in the bulletin board or forum related to the Company service.
Please be reminded that the corresponding bulletin board or forum of the Company can be publically seen by all users. The Company strongly recommends that all users shouldn’t post Personal or sensitive Information. Moreover, the remaining copy of the contents and Data deleted at the request may remain in the backup server. Furthermore, if the information is copied or posted again by a third party (Ex.: Another user), the right to control the corresponding contents or Data is not possessed. The posted contents or Data prepared anonymously may not be deleted.
The Company can possess user information for conflict resolution, contract fulfillment, or compliance with legal requirements. In this case, it is not used for another purpose.
1. GENERAL
This End User Software License Agreement (the "License Agreement" or the "Agreement") is a legal agreement between you (either an individual or an entity) and NEOWIZ ("Neowiz") and its suppliers and licensors (collectively the "Provider") governing your use of any application, and updates and upgrades that replace or supplement the application in any respect and which are not distributed with a separate license (collectively the "Application"). By installing or using the Application, you understand, and agree to be bound by the terms of: (1) this License Agreement, (2) NEOWIZ Privacy Policy at Privacy Policy IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, PLEASE DO NOT INSTALL THE APPLICATION. YOU AGREE THAT BY USING THE APPLICATION YOU UNDERSTAND, AND ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. THE PROVIDER USE OF PERSONAL INFORMATION YOU PROVIDE TO THE PROVIDER AND USAGE DATA IS GOVERNED BY THE NEOWIZ PRIVACY POLICY AT: Privacy Policy
2. GRANT OF LICENSE.
The Provider grants to you a non-exclusive license to download and use the Application and any related documentation (the "Documentation") subject to the terms and conditions of this Agreement, including but not limited to the following terms:
(a) You may not: (i) allow other individuals to use the Application except under the terms listed above; (ii) copy the Application or Documentation (except for back-up or archival purposes); (iii) modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the Application or Documentation; (iv) remove any proprietary notices or labels on the Application or Documentation; (v) rent, lease, transfer, assign or otherwise transfer rights to the Application or Documentation. Violation of any acts described in this Section 2(a) shall immediately terminate your license to the Application.
(b) You may only use the Application and Documentation in a manner that complies with all applicable laws in the jurisdictions in which you use the Application and Documentation, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.
(c) You shall only use the Application for your non-commercial, private use. You are strictly prohibited from using the Application (including portion of the Application) in any way to provide any commercial service. Copies of content files, including, but not limited to any portion of the online games serviced by the Provider, which are downloaded, installed, converted or copied using the Application, and that are protected by the appropriate, and applicable intellectual property laws, including but not limited to, patent laws, copyright laws, trademark laws, trade secrets, or any other related laws of any jurisdictions and countries, are for your own personal use only and may not be distributed to third parties.
(d) You may not use the Application to, or in an attempt to, or in conjunction with, any program, device, or service designed to circumvent technological measures employed to access to, or to gain the rights in, a content file or any other work protected by the copyright laws of any jurisdiction.
3. THIRD PARTY ADVERTISEMENTS.
Neowiz may provide links on the Service to web sites operated by third party or vendors who may invite you to participate in a promotional offer in return for receiving an optional component of the Service and/or upgrades (such as in-game currency). You are responsible for any charges or obligations you incur in your dealings with these third parties are your responsibility. Neowiz makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked to from our Service, and will not be liable for any claim relating to any third party content, goods and/or services. Those sites are not under the control of Neowiz and may collect data or solicit personal information from you. Neowiz is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement by Neowiz of these linked sites.
4. AUTOMATIC COMMUNICATIONS FEATURES.
(a) The Application consists of interactive Internet applications that perform a variety of communications over the internet as part of their normal operation. A number of communications features are automatic and are enabled by default. By installing and/or using the Application, you consent to the Application’s communications features. Once you log into the Application, user information including your user ID will be sent in communications with the Provider’s servers. This information is used to access your regular account, premium content, non-premium content, services, features, and other personalized services. The Provider may match the user id to personally identifiable information in order to provide you with products, services, and software that you’re entitled to and to provide you with relevant information. You are responsible for any telecommunications or other connectivity charges incurred through use of the Application.
(b) Auto Update and Patches: The Application, using its update files, automatically communicates with the Provider’s servers on the internet to check for updates to the Provider’s and the Provider partner’s software, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions. The Application also has the capability to perform background update checks. The Provider may download updates during the background checks, when the Application automatically communicates with The Provider’s servers, when you manually check for updates, or when the Provider detects a file it does not support.
(c) Mailing Server: The Application, using its mailing server, automatically communicates with The Provider’s servers to check for new important messages, including software updates and service bulletins. The mailing server also has the capability to perform background message checks. The mailing server sends information about installed the Application’s products and components to the servers to determine relevant software update messages.
(d) Cookies: The Application also allows the use of cookies, similar to an Internet browser. This allows any website to set cookies for you when you view any of the website’s content through the Application, unless you have disabled cookies. If you have disabled cookies, you may be asked to login each time you access premium software features and services and some Real services may not function properly. To learn more, visit the NEOWIZ Privacy Policy link on our website at: Privacy Policy
5. CONSENT TO USE OF DATA.
To facilitate product support and other services to you, you agree that Neowiz may collect, use, store and transmit non-personally identifiable technical and related information that identifies your mobile device(including mobile unique device ID(If applicable)), IP Address, operating system, application software and peripheral hardware. In addition, Neowiz may collect and store non-personally identifiable Application usage statistics. All data is collected, used, stored and transmitted in accordance with NEOWIZ Privacy Policy located at: Privacy Policy. To the extent that anything in this section conflicts with the terms of Neowiz’s Privacy Policy, the terms of the Privacy Policy shall control.
6. INTELLECTUAL PROPERTY.
Title, ownership, rights, and intellectual property rights in and to the Application and Documentation shall remain in the Provider and/or its suppliers. The Application is protected by the copyright laws, trademark laws, patent laws, and any other applicable intellectual property laws of the Republic of Korea and applicable international treaties. You understand that although you may "buy", "purchase" or "earn" virtual currency, including, but not limited to, virtual cash, tokens, or points, for the purpose of using the Service. You shall have no ownership in the Virtual Items. You acknowledge and agree that such Virtual Items are accumulated as part of your Account and therefore you shall have no ownership or other property interest in any of Virtual Items. You further acknowledge and agree that Neowiz has the right, but has no obligation, to delete, alter, move, remove, or transfer any and all contents of the Service (including Virtual Currency), in whole or in part, at any time and for any reason, with or without notice to you, and with no liability of any kind to you. Neowiz shall not refund any Virtual Currency caused by Internet Connection or failure to access the Internet. Neowiz prohibits and does not recognize any purported transfers of Virtual Items effectuated outside of the Service, or the purported sale, gift or trade in the "real world" of anything that appears or originates in the Service, unless otherwise expressly authorized by Neowiz in writing. Accordingly you agree not to sublicense, trade, sell or exchange Virtual Items for value of any kind outside of a game, without Neowiz’s written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination.
7. PAYMENT.
When you purchase a license to use virtual currency or virtual items from another party where your purchase is processed, including, but not limited to, Apple (for purchases on iOS devices) or Google (for purchases on Android devices), Neowiz only receives your records of transactions. Please note that purchases through third party payment process may also be subject to third party’s policies and Neowiz is not a party to the purchases.
8. ACCESS
You must also provide all equipment and software necessary to connect to the Application, including, but not limited to, a mobile device that is suitable to connect with and use the Application. You are solely responsible for your use thereof and any damages to your mobile phone or mobile device or computer system, any loss of data, and any other damage or harm of any kind that may result therefrom. Neowiz is not responsible for any problems or technical malfunction of any mobile phone or mobile device, telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or players due to technical problems or traffic congestion on the internet or on any of the service or combination thereof, including any injury or damage to users or to any person’s mobile phone or mobile device or computer related to or resulting from participation or downloading materials in connection with the Application. You are also responsible for any fees, including internet connection or mobile fees that you incur when accessing the Application.
9. WARRANTIES AND LIABILITIES.
For the Pay and Premium versions of the Software, the following terms apply;
WARRANTY
Although the Provider shall use reasonable methods to continuously provide the service to you, the Provider does not warrant that your use of the Software will be uninterrupted or that the operation of the Software will be error-free or secure.
(a) - No Other Warranties
NO OTHER WARRANTIES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE PROVIDER AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE, THE ACCOMPANYING WRITTEN MATERIALS AND ANY ACCOMPANYING HARDWARE. If any modifications are made to the Software by you during the warranty period; if the media is subjected to accident abuse or improper use; or if you violate the terms of this License Agreement, this warranty shall immediately terminate. This warranty shall not apply if the Software is used on or in conjunction with hardware or Software other than the unmodified version of hardware and Software with which the Software was designed to be used as described in the Documentation. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS; YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
(b) - Customer Remedies
The Provider’s sole liability for a breach of this warranty shall be in The Provider’s sole discretion: (i) to replace your defective media; or (ii) to advise you how to achieve substantially the same functionality with the Software as described in the Documentation through a procedure different from that set forth in the Documentation; or (iii) if the above remedies are impracticable, to refund the license fee, if any, you paid for the Software. Repaired, corrected or replaced Software and Documentation shall be covered by this limited warranty for the period remaining under the warranty that covered the original Software or if longer for thirty (30) days after the date the Provider either shipped to you the repaired or replaced Software or advised you as to how to operate the Software so as to achieve the functionality described in the Documentation, whichever is applicable. Only if you inform the Provider of the problem with the Software during the applicable warranty period and provide evidence of the date you acquired the Software will the Provider be obligated to honor this warranty.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY WHETHER IN TORT CONTRACT OR OTHERWISE SHALL THE PROVIDER OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES EVEN IF THE PROVIDER SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY OTHER PARTY. FURTHER, IN NO EVENT SHALL THE PROVIDER’S LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT EXCEED THE LICENSE FEE PAID TO THE PROVIDER FOR THE SOFTWARE AND DOCUMENTATION. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
For the Free, Trial, Pre-Release, Alpha, and Beta versions of the Software, the following terms apply:
DISCLAIMER OF WARRANTY & LIMITATION OF LIABILITY
THE APPLICATION AND DOCUMENTATION, ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROVIDER FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE APPLICATION AND DOCUMENTATION REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE APPLICATION EVEN IF THE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PROVIDER’S TOTAL LIABILITY FOR ANY DIRECT DAMAGES SHALL NOT EXCEED TWENTY UNITED STATES DOLLARS (US$20.00). BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE PROVIDER DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY CONTENT PROVIDED BY OR THROUGH THE APPLICATION.
10. Service Use Restriction
In the event that the members fall under the following reasons, the company may take proper action and cancel the service contract without prior notice.
(a) In the event that false information is registered when applying for or changing membership
(b) In the event that the company judges or suspects the member's information as being stolen or abnormally used
(c) In case the information is stolen or interrupted by another person
(d) In case of a false representation of an operating personnel, employee or person in the company
(e) In case of business activities using the service without prior consent from the company
(f) In case a user exploits bug in a company program or acquires game cash, game items or game money in an abnormal way
(g) In case of using a computer program, device or device not provided or approved by the company to disable technical protection of company services or interfere with the normal operation of the game
(h) In case of harassment, intimidation or continuous pain or discomfort to a particular user
(i) In case it is judged that it is difficult to view it through normal service use
11. INDEMNIFICATION.
You agree to hold harmless, indemnify and defend the Provider, its officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys’ fees and costs) arising out of or relating to any claims arising out of: (i) any unlawful use in connection with the Application in violation of another party’s rights or in violation of any law, or (ii) violated any terms of this License Agreement.
12. TERMINATION.
This License Agreement will automatically terminate if you fail to comply with any term hereof. No notice shall be required from the Provider to effect such termination. You may also terminate this License Agreement at any time by notifying the Provider in writing of termination. Upon any termination of this License Agreement, you shall immediately discontinue use of the Application and shall within three (3) days return to the Provider, or certify destruction of, all full or partial copies of the Application, documentation and related materials provided by the Provider. Your obligation to pay accrued charges and fees shall survive any termination of this License Agreement.
13. NO ASSIGNMENT.
This Agreement is personal to you, and may not be assigned without the Provider’s express written consent. In the event that you are an entity that merges with another entity or are acquired by another entity during the Term, you shall provide written notice of such merger or acquisition not later than the date on which any public announcement is made. If the Provider does not consent to assignment of this Agreement to the new or acquiring entity in such merger or acquisition, the Provider may terminate this Agreement on thirty (30) days’ written notice. Both parties shall perform under this Agreement until such termination is effective.
14. TECHNICAL SUPPORT.
If you wish technical support for the Application, please contact the Provider’s Technical Support Department: privacy@blessunleashedpc.oqupie.com
15. IMPORTANT – GENERAL INFORMATION.
Governing Law This Agreement and all disputes and claims relating in any way to, or arising out of, this Agreement or the Application shall be governed and construed in accordance with the laws of the Republic of Korea without giving effect to the conflict of laws doctrine thereof. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. In the event that you and Neowiz agree to settle any dispute, difference, controversy by the alternative settlement such as arbitration, such agreement shall be applied.
Complete Agreement
This Agreement shall constitute the complete and exclusive agreement between us, notwithstanding any variance with any purchase order or other written instrument submitted by you, whether formally rejected by the Provider or not. The acceptance of any purchase order you place is expressly made conditional on your consent to the terms set forth herein. The terms and conditions contained in this Agreement may not be modified by you except in a writing duly signed by you and an authorized representative of the Provider. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
Export
You agree to abide by U.S. and other applicable export control laws and agree not to transfer the Application to a foreign national or national destination, which is prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You certify that you are not a person with whom Neowiz is prohibited from transacting business under applicable law.
If you have questions, suggestions, or wish to file a complaint, please contact us at:
NEOWIZ
Customer Support
NEOWIZ PANGYO TOWER, 14, Daewangpangyo-ro 645beon-gil, Bundang-gu, Seongnam-si, Gyeonggi-do, 13487, Korea.
privacy@blessunleashedpc.oqupie.com
Last updated: August 25, 2020
NEOWIZ Privacy Policy
Revision Date: [ March 31, 2021 ]
The privacy policy (hereinafter ‘Policy’) shall be applied to all the global online services of NEOWIZ (hereinafter ‘Company’).
The Company is doing its best for safely using the service of the Company by transparently disclosing to the user how the precious personal information (hereinafter ‘Personal Information’ or ‘Data’) of the user is protected and handled.
The Company changes the Policy to reflect the relevant details if the regulation or the law is changed. In case of the major change of the Policy, a reasonable effort will be made to notify it to the user through the popup screen or the public notice. It is important for the user to frequently check the Policy for the user’s right (Right to Informational Self-Determination).
1. Personal Information Controller
The user provides Personal Information for the Company unless stated specifically for using the service. The Company can put an external specialty company in charge of Personal Information for service improvement. For example, if an article is bought from the Company and a request for sending it by FedEx is made, the Personal Information of the user will be shared by FedEx. In this case, the Company will take a reasonable action on protecting the Personal Information of the user through the written contract complying with the Policy.
The contact information of the Data Protection Officer of the Company is as follows.
DPO (Data Protection Officer)
• Company : NEOWIZ corporation
• Name : Sungsub Hwang
• Address: NEOWIZ PANGYO TOWER, 14, Daewangpangyo-ro 645beon-gil, Bundang-gu, Seongnam-si, Gyeonggi-do, Republic of Korea (13487)
•E-Mail : privacy@blessunleashedpc.oqupie.com
2. Personal Information Collection Method
The Company collects Personal Information from the user with the following method.
<Direct Provision by the User>
In general, the user submits Data directly through (1) the service or product purchase through the online platform of the Company, (2) the online game participation registration or the account and product registration, (3) the forum, (4) the contest registration, (5) the game or service use, (6) the survey, (7) the technical and customer support services, and (8) the newsletter. The submitted Data can include the name, the phone number, the e-mail, or the home address. Especially, the user should recognize that Personal Information can be included in the contents generated by the user including chatting and that the Data can be seen or heard by another user. Hence, the user should avoid the disclosure of the information enabling the identification of an individual as much as possible.
<Service Use>
The user submits (1) the game play and the activity within the game, (2) the service used, (3) the device information in case of service installation or access, and (4) the IP information. The Company can use the information for approximate positioning, service statistics, and system integrity (preventing hacking and fraud) or security.
<External Platform>
Relevant Data can be collected if the account is connected with another company such as the external console platform (Steam, XBOX, etc.).
3. Information Collected
The Company handles all the information related to the user account as Personal Information. Furthermore, Data are stored only for the minimum period needed for providing the best service for the user.
<Account Information>
The user account information means the Data provided and generated during account creation. The user can log in its account and update the most of the Data in the account setting. (Ex.: ID or e-mail, account name, nickname, and membership information)
<Customer Support Service>
The Company is outsourcing the operation of the customer support system (Company Name: Onionfive, https://oqupie.com). The Company or the outsourcee can request the Personal Information of the user to provide the satisfactory customer support and consultation system. (Ex.: Customer name, e-mail, IP address, inquiry details, compensation provision history, sanction history, contact information, customer service consultation history, and account information)
The Company cannot provide the satisfactory customer support service for the user not agreeing on the policy.
<Transaction Information>
The Company collects the transaction details related to purchase. The billing service providers (Payletter and Paymentwall) collect and handle the request information of the user, but the request Data copy of the user and the API key of the corresponding payment method are provided for the Company. Transaction details can be possessed within 5 years. (Ex.: Order details and history, expense request, refund, payment details, delivery details, and compensation details)
<Activity Information>
If the user uses the Company service, the Company collects the relevant log. In most cases, the log is kept for 90 or more days and for 1 year at maximum. (Ex.: IP address, access date and time, activity area and log, and the detailed information on the service use)
<Device Information>
The information on the device the user utilizes for the service use can be collected. (Ex.: Device model, operating system and version, unique device identifier, advertisement ID, MAC address, and log information)
<Game Information>
The information collected by the Company includes the technical information on the device and software used for access to the service or the game. Furthermore, the safe and stable service is provided for the users with the Easy Anti-Cheat solution of KAMU for the best service. Whenever a user starts a new game session, the KAMU client will automatically install the latest version suitable to the user system. The Company will detect and prevent the cheat used in the game by having the Easy Anti-Cheat solution check the user system whenever the game software is used. The Easy Anti-Cheat solution analyzes the game binary and scans the system memory to save the information on the cheating method and on the relevant data for cheat prevention. Please refer to the Privacy Policy of KAMU for more details.
<Location Information>
If the user utilizes the position information service, the Company can collect and handle the information on the actual user position like the GPS signal sent by the mobile device.
<Unique Application program Number>
The unique application number is included in the specific service. The number and the installation information (Ex.: The operating system type and the application program version) can be collected by the Company when the corresponding service is installed or removed or when the corresponding service periodically communicates with the server like the update.
4. Use of the Collected Data
The Company operates the service by using the Data collected from the user. Moreover, the Company can use the Data to prevent the repetitive input of the same information and to provide the more convenient use of the service for the user.
Work can be outsourced to a third party playing the proxy role for the Company to facilitate the service, and the user Data can be provided in case of outsourcing.
Furthermore, the Company can request the use of Personal Information according to the reasonable consideration and decision (1) if it is requested to comply with the corresponding law or regulation and (2) if it is needed to protect the rights and benefits of the Company officers and staffs and the agent or the user.
5. Data Sharing
The Company doesn’t share the user Data with or sell them to a third party without user’s consent. However, the Company can share the information disabling the identification of an individual like statistics information and public information. The Company sometimes handles Personal Information by outsourcing the work for e-mail sending, gift delivery, and customer support service. The Company will conclude the written contract on the outsourced work with a third party and will specify various Personal information protection actions in the corresponding contract. The user who doesn’t want the data sharing is advised to withdraw from the service anytime. The Company can share Personal Information if it is needed to comply with the legal procedure including the right protection and the court order and with the request of the government agency or another relevant agency or if there is a justifiable reason. Furthermore, in case of merger, acquisition, or bankruptcy, the user Data can be transferred to the successor company.
•EliteGames / Customer Service Center / Stored for 3 years
•Onionfive inc. / Customer service program development and operation / in case of the end of the consignment contract
•GameOn Co.,Ltd / Customer Service Center / Stored for 3 years
•Megazone Cloud(AWS) / Platform operation / In case of the end of the consignment contract
•Payletter / Payment agency / Stored for 5 years
•NAVER FINANCIAL / Payment agency / Stored for 5 years
•Korea Credit Bureau / Cellphone verification / In case of membership withdrawal
•m2net / Mobile gift voucher, a free gift shipping agent / Store for 3 months from the date of completion of shipment
•Emfoplus / LMS(Long Message Service) / Stored for 6 months
6. User Rights and International Transfers of Personal Data
<Storage and International Transfers Handling>
The computer system processing the Data collected from ‘Bless Unleashed’ among the services of the Company is based in the USA. The user Data can be transmitted form the user’s country to the computer system located in the USA for use, processing, or storage and can be used for the purpose specified in the policy. Moreover, the user has the right to Data modification, deletion, and restriction.
[EliteGames]
•Transfer Purpose : Customer Service
•Transfer Country : Philippines
•Transferred Personal Information Item : E-mail, Nickname, device information (OS version, PC DirectX Diagnostic result)
•Treansfer Date, Time and Method : Transmission through the network in case of submitting business talk details
•Personal Information Use Period : 3 years
•Chief Privacy Officer and Contact Information : Seungwon SHIN, sshin@eliterising.com
[NEOWIZ]
•Transfer Purpose : Customer Service
•Transfer Country : South Korea
•Transferred Personal Information Item : E-mail, Nickname, device information (OS version, PC DirectX Diagnostic result)
•Treansfer Date, Time and Method : Transmission through the network in case of submitting business talk details
•Personal Information Use Period : 3 years
•Chief Privacy Officer and Contact Information : Sungsub HWANG, privacy@blessunleashedpc.oqupie.com
[GameOn Co., Ltd]
•Transfer Purpose : Customer Service
•Transfer Country : Japan
•Transferred Personal Information Item : E-mail, Nickname, device information (OS version, PC DirectX Diagnostic result)
•Treansfer Date, Time and Method : Transmission through the network in case of submitting business talk details
•Personal Information Use Period : 3 years
•Chief Privacy Officer and Contact Information : Masato Mugitani, blessunleashedpc_privacy@gameon.co.jp
[Amazon Web Services]
•Transfer Purpose : Platform Operation
•Transfer Country : United States of America
•Transferred Personal Information Item : Service use record, member information
•Treansfer Date, Time and Method : Online transfer
•Personal Information Use Period : In case of service withdrawal, In case of the end of the consignment contract
•Chief Privacy Officer and Contact Information : safeharbor@amazon.com
[Amazon Web Services]
•Transfer Purpose : Membership Service, Game Service
•Transfer Country : United States of America
•Transferred Personal Information Item : E-mail, Name, date of birth, CI/DI, Access Log(ID, Time, IP Address, Country), System Information(CPU, GPU, MEM, OS Version), Game Log, Cookie
•Treansfer Date, Time and Method : Online transfer
•Personal Information Use Period : In case of service withdrawal, In case of the end of the consignment contract
•Chief Privacy Officer and Contact Information : safeharbor@amazon.com
<Right to Data Access and Receipt>
The user has the right to check with the Company about how its Data are processed and to receive the relevant materials.
<Right to Deletion>
The user has the right to request the deletion of its specific data.
<Right to Objection to Processing>
The user has the right to request for not processing Data if the Company has no proper right to the user Data or data are used for marketing.
<Right to Correction>
The user has the right to correct the incorrect Data of the user. Log in the Company account and make a change by using the account management setting.
<Right to Processing Restriction>
The user has the right to request the processing restriction not to have Data processed anymore in the specific case.
<Right to Data Transfer>
The user has the right to transfer Data to a third party. However, it is not used for the Company business. However, the Company will provide the Data copy containing the most basic account information of the user at user’s request.
7. Cookies and Internet Protocol Addresses
A cookie is the part of the information a web site stores in the computer when visiting the web site. The Company can use a cookie to collect data from the user. A cookie can include the mutual Data transfer between the Company and the user according to the policy. The user can select through the browser setting that the computer makes a warning whenever a cookie is sent or that all cookies are turned off. As the setting method is a bit different for each browser, the cookie modification method needs to be consulted through the help menu of the browser. Turning off the cookie disables the access to many functions making the guest environment more efficiently and some services not operated properly. The Internet Protocol (“IP) address is the unique number assigned to the server or the Internet Service Provider (“ISP”). The Company can track the IP address for system administration, aggregate information report, site tracking, security purpose, or server abuse prevention.
8. Data Deletion Method
The user can request the deletion of (1) the marketing information of the user or (2) the account information of the Company. The user account is deleted completely if the grace period of 7 days passes after the withdrawal request. Game information and history are completely deleted after deletion, and the refund of the possessed asset is impossible.
However, the Company can possess Data (a) to protect the business, the system, and the user from the fraud act, (b) to resolve the technical problem damaging the current function, (c) to exercise the necessary right toward the Company or another user, (d) to accept the law enforcement request based on the legal procedure, (e) to achieve the scientific or another purpose, and (f) observe the legal duty. The Company will do its best to respond to the user’s request fast. The service use of the user can be restricted or blocked due to the result or action caused from the user’s request.
Remark: A California resident can have the additional right. Please refer to Section 12.
9. Data Integrity and Security
In case of processing the user Data, the Company takes technical, administrative, and physical security actions prevent loss, theft, leakage, forge, falsification, or damage. However, the Internet is not a completely safe environment depending on the characteristics with the security risk evolving incessantly. However, the Company will make persistent and reasonable efforts steadily to protect the user Data and to secure the system security.
10. Children’s Personal Data
It is agreed that the Company has the special obligation on protecting the children’s personal Data.
Most of the Company services (online, mobile, and the others) are for the general public, and no Data are collected intentionally from children. Moreover, if it is checked that the user is below the game age grade, the service provision for the corresponding user will be blocked. If parents agree on the child’s use of the Company service, the communication services used by the general public like e-mail, chatting, and online group are used together and that information can be disclosed to other users.
If parents find the unpermitted collection of the personal information of the children, it is possible to contact the Company and request the deletion of the children’s personal Data. The security of collected data is maintained consistently with the policy. Hence, a policy change will be notified to parents and children with the reasonable method.
NEOWIZ ‘Bless Unleashed’ Game Age Grade:
- North America ESRB Teen(13)
- Europe PEGI 16
- Germany USK 12
- ROK GRAC 18
11. Opinions and Inquiries
If you have a question or an opinion on the Data protection of the Company, contact us through privacy@blessunleashedpc.oqupie.com.
The Company regularly reviews the observance of the regulation and the law. In order to protect the user Data safely, the Company delivers the personal information protection and security guidelines and provides education and campaign for personal information protection. If an inquiry is received officially, the user presenting the opinion will be contacted for taking a follow-up action actively. In order to resolve the complaint that cannot be handled directly with the person concerned, the close cooperation with the regulation authority including the local Data protection agency will be made.
12. Appendix (Privacy Right for California Residents)
<The California Consumer Privacy Act (CCPA)>
The California Consumer Privacy Act (CCPA) awards local residents the rights to have the company follow the request without discrimination in case of requesting Data disclosure, deletion, and sales. If the user requests the California privacy right, the Company will check the user identification for security. Moreover, the user can exercise its right in place of the user by designating an agent. The appendix explains the method for exercising the right and the Company process for handling the request.
<Right to Know>
A California local resident has the right to request the following Data.
• The specific part of the data the Company has for the user
• The category of the Data collected, sold, or disclosed for the work on the user within the last 12 months
• The purpose of Data collection or sales
• The list of the third parties to whom data were sold or disclosed for service or with whom Data were shared
The Company will provide Data in the easily checkable form if possible. The easiest method for requesting the corresponding Data is to contact the Company. If the Company needs additional information to check the user identification, the Company will contact the user to request the Personal Information of the user and the information on the past purchase and use of the Company product or service. If the Company rejects only the part of the user’s request, the reason will be explained through the answer.
<Right to Data Transfer>
Please refer to [6. User Rights and International Transfers of Personal Data].
<Right to Be Forgotten>
If the user is a California local resident, the request for deleting the collected Personal Information can be submitted to the Company. The account deletion by the Company is permanent and irrevocable with all games, assets, and histories deleted permanently. The Company can possess Data (a) to protect the business, the system, and the user from the fraud act, (b) to resolve the technical problem damaging the current function, (c) to exercise the necessary right toward the Company or another user, (d) to accept the law enforcement request based on the legal procedure, (e) to achieve the scientific or another purpose, and (f) observe the legal duty.
Furthermore, the Company needs a specific type of information to provide the Company service for the user. The easiest method for submitting the deletion request is to contact the Company. If the Company needs additional information to check the user identification, the Company will contact the user to request the Personal Information of the user and the information on the past purchase and use of the Company product or service. If the Company rejects only the part of the user’s request, the reason will be explained through the answer.
<Right to Opt-Out>
California local residents can escape from the sales of Personal Information as defined in the CCPA. However, the following cases are not included.
• If the user requests the Company to disclose Personal Information or requests the interaction with a third party, the third party doesn’t sell the Personal Information.
• The Company can use or share the identifier to make a warning to the third party for which the sales of Personal Information are suspended at the user’s request.
• The user Data are transferred as the part of the transaction of fully or partially governing the Company service. In this case, if a third party substantially changes the use, sharing, and sharing method of Data, a written notification should be made.
• The Company uses or shares user Data with the service provider needed for achieving the work purpose according to the written contract. The service is provided by the service provider in place of the Company, and the written contract of the Company prohibits the storage, use, or disclosure of user Data except for the specific purpose identified in the Contract.
<Right to Non-Discrimination>
The Company doesn’t discriminate against the user’s reasonable right exercise during the use of the Company service.
<Agent>
If an agent is designated for the right exercise in place of the user, (a) the provision of the written permission enabling the agent to exercise the right in place of the user should be verified, and (b) the evidence verifying the agent identification should be provided. If the agent doesn’t meet the requirements, the Company will reject the exercise of the right by the agent.
<California “Shine the Light” Law>
A California local resident user has the right to the annual request for the corresponding details of the data shared with a third party for marketing for the past year.
<Adolescent’s Privacy Right >
A California local resident adolescent has the right to request the perusal, modification, or deletion of the contents and Data posted in the bulletin board or forum related to the Company service.
Please be reminded that the corresponding bulletin board or forum of the Company can be publically seen by all users. The Company strongly recommends that all users shouldn’t post Personal or sensitive Information. Moreover, the remaining copy of the contents and Data deleted at the request may remain in the backup server. Furthermore, if the information is copied or posted again by a third party (Ex.: Another user), the right to control the corresponding contents or Data is not possessed. The posted contents or Data prepared anonymously may not be deleted.
The Company can possess user information for conflict resolution, contract fulfillment, or compliance with legal requirements. In this case, it is not used for another purpose.