Terms of Service & Privacy Policy

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Terms of Service

Effective Date: June 29, 2023

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY, INCLUDING OUR PRIVACY POLICY.

These Terms of Service (“Agreement”) is a legally binding agreement between miHoYo Limited (“miHoYo”, “we”, “our”, or “us”) and you (“you” or “user”) pertaining to your use of or access to miHoYo Game(s), websites, customer support, social media, community channels, and/or any other services provided by miHoYo (collectively “miHoYo Services”), whether as a guest or a registered user.

YOUR PARTICULAR ATTENTION IS TO BE DRAWN TO THE LIMITATION OF LIABILITY CONTAINED BELOW.

NOTE FOR PARENTS AND GUARDIANS: YOU SHOULD NEVER ALLOW CHILDREN IN YOUR CARE TO USE ANY OF THESE SERVICES WHILE UNSUPERVISED. PLEASE ENSURE THAT YOUR CHILDREN DO NOT GIVE OUT PERSONAL INFORMATION AND THAT THEY UNDERSTAND HOW TO USE THESE SERVICES SAFELY.

“miHoYo Game(s)” refers to any game(s) that miHoYo has launched or will launch in the future, or any of its game(s) being tested. miHoYo Game(s) include the software of miHoYo Game(s) (including the game software in its entirety and any content, component, element or feature involved therein), any patches, updates, and upgrades to the application, any related content, documentation, add-ons, supplements, any game-related services made available to you, and/or any copy of the foregoing.

Please note the software of miHoYo Game(s) may contain Cheat Detection software/features. “Cheat Detection” means functionality intended to identify Cheats. “Cheats” means programs, methods, processes, or other programs with software or hardware in any format that may give users an unfair competitive advantage within miHoYo Game(s).

IF YOU DO NOT AGREE TO INSTALL THE CHEAT DETECTION SOFTWARE OR AT ANY TIME REMOVE OR DISABLE THE CHEAT DETECTION FEATURES, ALONE OR IN COMBINATION WITH MIHOYO GAME(S), THE LICENSE GRANTED TO YOU UNDER THIS AGREEMENT AUTOMATICALLY TERMINATES AND YOU MAY IMMEDIATELY STOP ACCESSING ANY OF MIHOYO SERVICES.

Please note that miHoYo Game(s) with Cheat Detection software/features therein may collect and transmit details about your Account, gameplay, and any potentially unauthorized programs and processes, subject to our Privacy Policy. In the event that Cheats are identified, you agree that miHoYo may exercise any of its rights under this Agreement.

By registering or applying for an Account, downloading the game software, running, or otherwise using miHoYo Game(s) (including updates, upgrades, patches), visiting our websites, accessing various online services, or otherwise accessing any services provided by miHoYo, you are deemed to have read, understood, and accepted all the terms of this Agreement and agree to be bound by this Agreement.

miHoYo reserves the right to update this Agreement at any time and you agree to check periodically for new terms. Please note that your continued use of miHoYo Services shall constitute your acceptance to be bound by the newly updated Agreement.

IF YOU DO NOT AGREE TO ANY TERM OF THIS AGREEMENT, PLEASE DO NOT, EITHER DIRECTLY OR INDIRECTLY, USE OR ACCESS MIHOYO SERVICES IN ANY WAY.

1. Account

You may be required to register or have previously registered a user account (“Account”) in order to use miHoYo Services. To create an Account, you will be required to register as a user and accept the respective Terms of Service, Privacy of Policy, and other Agreements of such Account for login. If you do not accept those provisions, you will not be able to create an Account. You may establish an Account only if you are a natural person and an adult in your country/region of residence and you are not an individual specifically prohibited by us from using miHoYo Services. You agree to provide accurate and complete registration information and you may not create an account name that reflects your real name or other personal data. Also, you agree that you shall be responsible for any and all behaviors performed on or through your Account, whether or not authorized by you.

An account is unique as well as important to every user. You shall neither transfer or otherwise make available your Account information to any third parties, nor use other user(s)’ Account(s) at any time. If you sell your Account or other related information, miHoYo reserves the right to take action, including terminating your Account immediately without any refund.

You shall be responsible for keeping your Account secure and confidential. If any third party illegally uses your Account or otherwise accesses your Account, you may not claim compensation from miHoYo. In the event of theft, unauthorized use or any other security breach pertaining to your Account, you may notify miHoYo immediately.

You cannot use a username that is already allocated to another user, and a precondition for using miHoYo Services is that you do not choose a username that is obscene or otherwise offensive. We are entitled (but not obliged) to filter out certain words and phrases that we consider unacceptable. Besides, while any registration process that we adopt may filter out certain unacceptable words and phrases, it can never be a comprehensive filter. Also, we reserve the right to terminate your use or Account and have the right to require your re-registration with a new acceptable username if, in our discretion, we consider that your username (or its use) is offensive or otherwise breaches the user terms in any way.

2. Rules of Use

You agree that your use of miHoYo Services is also governed by the Privacy Policy which may be amended from time to time by miHoYo in its sole discretion. You agree that the Privacy Policy is incorporated and a part of this Agreement.

Subject to all applicable law (including US copyright law and DMCA), on the condition that you agree to and continuously comply with this Agreement, and any other separate agreements or policies (if any) between you and us, miHoYo hereunder grants to you a personal, limited, revocable, non-exclusive, non-transferable and non-sub-licensable right and license to install and use one copy of the software of miHoYo Game(s) solely for your own personal entertainment and non-commercial purpose on a device you legally own or control.

You agree that you may not, either directly or indirectly, do or attempt to do any of the following with respect to any or all of miHoYo Services:

(i) post, upload, transmit, or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual, or otherwise objectionable;

(ii) defame, ridicule, threaten, harass, intimidate, abuse anyone hatefully, racially, ethnically, or otherwise offensive to a portion of the public;

(iii) infringe contractual rights, personal and property rights, intellectual property rights, and other rights and interests (including the rights of privacy or publicity) of miHoYo or any third parties;

(iv) develop, use or distribute “auto” software programs or other unauthorized software, programs or applications that may cause an unfair competitive advantage;

(v) exploit, distribute, or inform any third parties of any game error, miscue, or bug, regardless of an intended advantage or not;

(vi) sell, lease, rent, license, sublicense, or otherwise use for a commercial purpose;

(vii) copy, reproduce, adapt, reverse engineer, decompile, disassemble, or otherwise create derivative works;

(viii) use illegal or inappropriate methods that may interrupt the game operation or otherwise exploit miHoYo Services without authorization, including hacking, cracking, complaining using false information, transmitting files that contain viruses, commercial solicitation, chain letters, mass mailings, plugins, or other unauthorized programs;

(ix) use, export, re-export, or otherwise act or omit in violation of any applicable laws or local regulations; and/or

(x) allow or assist any third party to do any of the above.

You further confirm that your use of miHoYo Services shall obey any applicable laws and only for your individual enjoyment and non-commercial purpose. Also, you may immediately stop accessing miHoYo Services when local laws or regulations so require.

Except as expressly authorized under this Agreement, you may not copy miHoYo Services or any component therein. miHoYo Services contain our proprietary information; you agree: (a) to hold in the strictest confidence all code and any technical elements of miHoYo Services, (b) not to copy, reproduce, distribute, manufacture, disclose or otherwise transfer any of our un-public information, and/or (c) subject to all applicable laws (including US Copyright law and DMCA), not to make use of miHoYo Services except for your individual enjoyment and non-commercial purpose.

Except expressly authorized herein, any use of miHoYo Services, without our prior written consent, is strictly prohibited and will terminate the license granted herein. Besides, miHoYo expressly reserves the right to deny anyone’s access to miHoYo Services at any time for any reason without notice. You further agree that miHoYo, without any liability, shall be entitled to suspend or terminate providing any of miHoYo Services or change the provided content at any time for any reason without notice.

We reserve the right, but are not obligated, to attend to or be involved in disputes between users. While we may choose to attend to and take action upon inappropriate game play, chat, or links in or through miHoYo Services, you are solely responsible for any interactions with other users. By using miHoYo Services, you agree that at any time there may be language or material accessible on or through miHoYo Services, that may be inappropriate, in particular for children, or offensive to some users of any age, race, religion, or gender. You agree that under no circumstances shall miHoYo be liable for any such inappropriate user behavior or language. miHoYo reserves the right to take other actions at the same time.

You further agree that miHoYo may not be liable for the behavior of any third parties, including any third party’s websites or services linked on or through miHoYo Services.

3. User Contributions

miHoYo Services may contain various forums, communities, networks, or other interactive features that allow you to post, submit, publish, display, or transmit any content or materials on or through miHoYo Services (“User Contributions”). User Contributions include any text, forum post, chat post, profile, widget, message, link, feedback, email, music, sound, graphics, picture, video, code, audiovisual, or other materials emanating to or from miHoYo Services. miHoYo has no obligation to monitor these User Contributions, but we may do so and reserve the right, in our sole discretion, to monitor, filter, moderate, edit and/or remove any or all User Contributions that are objectionable or inappropriate at any time without notice. Besides, miHoYo may also terminate or suspend your access to any of the User Contributions for any reason and without further notice.

Any of the User Contributions may not be illegal, invasive of privacy, infringing on intellectual property rights, injurious to third parties, or otherwise inappropriate or objectionable, and may not contain viruses or other kinds of destructive script code, plug-in unit, programs, or software. You agree that you shall be fully and solely responsible for your own behavior when using miHoYo Services, including any User Contributions posted by you. You agree that under no circumstance, shall miHoYo be liable for any User Contributions posted by you. You further confirm that any of the User Contributions are neither endorsed nor controlled by miHoYo.

You agree that you have no expectation that your User Contributions will be private and miHoYo may disclose your User Contributions for any reason without notice. Any User Contributions that you post will be considered non-confidential and you confirm that you irrevocably and unconditionally grant miHoYo a global, fully paid up, royalty-free, perpetual, transferable, sub-licensable and unlimited right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works, reformat, distribute, manufacture, sell, license, sublicense, transfer, rent, lease, transmit, communicate, display, publicly perform, provide access to, or otherwise practice such User Contributions or any portion thereof, in any and all media, formats and forms, known now or hereafter devised. You understand that you shall not be entitled to any compensation, fees, consideration, or other remuneration arising from or in connection with your User Contributions, regardless of our exercise of the rights granted in this section and that we are not obligated to exercise such granted rights. Furthermore, you agree that any of your submissions shall not create any contractual relationship between you and miHoYo. You also grant all other users, who can access your User Contributions, the right to use, copy, modify, display, perform, create derivative works from, communicate about or otherwise distribute your User Contributions on or through miHoYo Services without further notice, attribution, or compensation to you. Except to the extent such waiver is prohibited by law, you hereby waive the benefit of any provision of law known as "moral rights" or "droit moral" or any similar law worldwide.

You warrant that the User Contributions do not violate any rights or interests (including intellectual property rights) of miHoYo and/or any third parties. You understand that User Contributions may be copied by other users and discussed outside of miHoYo Services, and if you do not have the right to submit User Contributions for such use, it may subject you to liability. Please note that miHoYo takes no responsibility and assumes no liability for any content posted by you or any third party.

WE CANNOT GUARANTEE THAT YOU WILL NOT ENCOUNTER CONTENT THAT YOU CONSIDER OFFENSIVE OR OTHERWISE INAPPROPRIATE, AND WE ACCEPT NO LIABILITY FOR ANY FAILURE TO REMOVE (OR DELAY IN REMOVING) ANY SUCH CONTENT. YOU MAY, HOWEVER, MAKE COMPLAINTS BY ACCESSING OUR SUPPORT SERVICE.

4. Children

You acknowledge that the BELOW STATEMENT would change at any time if any policy for the protection of Minors in your country/region of residence undergoes changes.

You represent that you are an adult in your country/region of residence (or at another age in your jurisdiction where you are classified as a majority) when using miHoYo Services. IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY (“MINOR” OR “CHILD”), YOUR PARENT OR LEGAL GUARDIAN MUST CONSENT TO THIS AGREEMENT.

Subject to the applicable laws in your country/region of residence, minors may utilize an Account established by their parent(s) or guardian(s). In the event that you permit your child to use an Account, you hereby agree to this Agreement on behalf of yourself and your child, and you agree that you will be responsible for any use of miHoYo Services by your child, whether or not such use is authorized by you.

5. Ownership / Intellectual Property

miHoYo shall own all rights, titles, and interests (including the ownership, intellectual property rights, neighboring rights, and other rights and interests) in and to miHoYo Services under this Agreement. You agree that your use of miHoYo Services does not confer on you any right or interest or otherwise, including (if any) any in-game rewards, achievements, characters, Virtual Currency, levels, and other content. You further acknowledge that in the event of termination, any granted right or interest may cease to be available to you and any right you may have had prior to termination are forfeit.

Any and all of miHoYo Services (including but not limited to the ownership, intellectual property rights, neighboring rights, and other rights and interests) are copyrighted and protected by any applicable laws (including any applicable copyright laws and international treaties). To be specific, any and all of miHoYo Services (including any content, websites, games, programs, source codes, themes, technology, architecture, sounds, pictures, audio, video, artwork, graphics, logos, documentation, and all other features contained in miHoYo Services) are protected by the applicable laws (including copyright, patent, trademark and/or other intellectual property rights thereof) from any unauthorized use.

You agree that any and all of miHoYo Services may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, or otherwise exploited without express prior written permission from miHoYo. You agree that any and all of miHoYo Services shall not be used beyond the scope of our services’ intended use (in our sole discretion). Any use of our copyrighted materials, including derivative works, requires the express prior written consent of miHoYo. Please note any unauthorized reproduction or redistribution of miHoYo Services shall be prohibited and may result in severe legal penalties.

miHoYo remains the sole owner of rights, titles, and interests (including ownership, intellectual property rights, neighboring rights, and other rights and interests) in and to miHoYo Services. You agree that you have no right or interest as a result of using miHoYo Services, except explicitly granted to you under this Agreement.

6. Feedback

“Feedback” means suggestions, comments, ideas, and/or any other information, that you provide, publish, or otherwise communicate directly or indirectly to miHoYo or our agents pertaining to miHoYo Services. In addition, you confirm that you irrevocably grant miHoYo a global, irrevocable, fully paid up, royalty-free, perpetual, sub-licensable, transferable, assignable, and unlimited license, allowing miHoYo to use, disseminate, copy, modify, sub-license, translate, publish, distribute, network transmit, publicize, promote, perform, display, create derivative works, sell, offer to sell. and/or otherwise use Feedback for any purposes. You further confirm that any Feedback provided by you hereunder may not infringe on intellectual property rights, related rights, and/or other proprietary or personal rights. Besides, your participation in a “test period” or a “beta version” or something of that kind may be agreed upon separately and your access to our game may be subject to specific rules, such as a limited period or limited number of users to access the game and our reserved rights to modify or delete the game data of users. Please read carefully those specific rules; your cooperation and feedback on our beta version of the game are highly appreciated.

If any such right or interest in the Feedback may not be licensed or transferred under any applicable laws (including moral or other personal rights), you hereby expressly waive and agree not to assert any rights and/or claim any compensation from miHoYo.

7. In-Game Currency and Goods

miHoYo Services may include an opportunity for you to purchase virtual, in-game currency (“Virtual Currency”) with real money. miHoYo Services may also include the purchase of virtual, in-game digital items (“Virtual Goods”) with real money or Virtual Currency. You acknowledge that Virtual Currency and Virtual Goods shall never be redeemed for real money or any item with monetary value. You understand that both Virtual Currency and Virtual Goods are licensed, not sold, to you and miHoYo reserves and retains all right, title, interest, or otherwise, in and to the Virtual Goods and Virtual Currency.

Your purchase of Virtual Currency and/or Virtual Goods is non-exchangeable and non-transferable, except otherwise granted by laws in your country/region of residence. You may not transfer, sell, gift, exchange, trade, lease, sublicense, or otherwise use Virtual Currency or Virtual Goods, which is a violation of this Agreement and will result in termination of this Agreement with our reserved rights to continue seeking compensation.

miHoYo reserves the right to modify, manage, control, or eliminate Virtual Currency and/or Virtual Goods in its sole discretion. You agree that miHoYo may engage in actions that may impact the perceived value or purchase price, if applicable, of Virtual Currency or Virtual Goods at any time, except as otherwise required by applicable laws.

When you provide payment information to miHoYo or its authorized processor, you represent that you are an authorized user of any payment method specified by you, and you authorize miHoYo to charge such payment method for the full amount of the purchase transaction.

You agree and consent that due to the special nature of online game services, there is no physical goods transaction, and your purchasing experience comes from online game services provided by the game manufacturer. Therefore, refund is not applicable unless the Game operation is terminated.

8. Protection of Personal Information

All the information collected from you is subject to Local Laws and miHoYo shall try its best effort to protect your provided information. Subject to any applicable laws and regulations, you have the right to request modification or deletion of your personal information after passing our review process in a required proper manner. Please refer to miHoYo’s Privacy Policy for more information regarding the collection and use of your information.

9. Inappropriate User Behavior

miHoYo holds you accountable for your own behavior and language and encourages you to play miHoYo Game(s) in a healthy and civilized manner, as well as prohibits you from any improper or objectionable behavior. You are prohibited from, in any way, claiming to be one of our employees or disseminating false information either to miHoYo or any third parties, spreading vulgar information, posting illegal websites, spam advertisements, any information or materials involving drugs, or otherwise attacking, threatening or insulting a portion or group of the users. Trojan horse programs or any other kind of viruses are also strictly prohibited.

You are prohibited from engaging in, directly or indirectly:

(i) vulgar expressions, coarse language, abusive behavior, verbal harassment, either towards miHoYo or other users;

(ii) use of any unapproved payment methods, cheating programs, or other malicious game programs;

(iii) dissemination of information or materials that violate popular customs, religious beliefs, habits or social morality of a portion or group of the public;

(iv) disclosing, furnishing, disseminating, or otherwise making any of our un-public information available to third parties; and/or

(v) any other inappropriate behaviors or languages that may damage the reputation of miHoYo.

We reserve the right, but are not obligated, to monitor or be involved in disputes between users. Depending on the relevant situation, miHoYo may take action, including sending a warning, blocking communications, suspending, banning, or terminating your Account temporarily or permanently, blocking login, deleting game files, or otherwise take action in our sole discretion. We reserve and maintain the final rights to interpret and take action according to the relevant circumstances of your inappropriate behaviors. If your rights are violated by other users, we will assist you in providing the necessary materials to defend your rights.

If you breach this Agreement or upon any user behavior whatsoever which is, in our sole discretion, an abuse and/or in violation of the spirit of miHoYo Game(s) or otherwise inappropriate or objectionable to a portion or group of the public, we shall be entitled to, without prior notice, suspend your access to miHoYo Services for an indefinite period of time, block your Account, terminate your access to our services and/or terminate this Agreement immediately without notice.

10. Indemnification

You agree to defend, indemnify, and hold miHoYo and/or its affiliates, employees, officers, managers, directors, agents, harmless from and against any claims, liabilities, losses, injuries, damages, costs, or expenses (including attorney fees and other expenses) arising from or in connection with:

(i) your access to or use of miHoYo Services;

(ii) your breach or alleged breach of any terms, conditions, obligations, representations, or warranties under this Agreement;

(iii) any materials, User Contributions, Feedback, or other information provided by you or on your behalf;

(iv) your violation of any applicable laws or third party’s rights and interests; and/or

(v) your other illegal or inappropriate behavior.

11. Injunctive Relief

Without prejudice to any other rights or remedies that miHoYo may have, you agree that in the event of any threatened or actual breach of this Agreement, miHoYo shall, without proof of special damage, be entitled to an injunction or other equitable remedy in addition to any damages or remedies to which miHoYo may be entitled. You irrevocably waive all rights to injunctive or other equitable relief and further agree to claim only monetary damages from miHoYo.

12. Limitation of Liability

You agree that your use of miHoYo Services shall be at your own risk. miHoYo provides miHoYo Game(s) and/or miHoYo Services on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by applicable laws, miHoYo and/or its affiliates, employees, officers, managers, directors, and agents disclaim all warranties of any kind, including any warranties of merchantability, error-free, non-infringement, or for a particular purpose, regardless whether express or implied, regardless whether in the form of tort, contract, or otherwise, and regardless of whether miHoYo has been advised of the possibility of such liabilities.

MIHOYO HEREBY DISCLAIMS ALL WARRANTIES, CONDITIONS, COMMON LAW DUTIES, AND REPRESENTATIONS, EITHER EXPRESS, IMPLIED, ORAL, OR WRITTEN. miHoYo makes no warranties about the accuracy or completeness of miHoYo Services. Also, miHoYo assumes no liability or responsibility for: (i) any errors, mistakes, or inaccuracies of miHoYo Services; (ii) personal injury, property damage, lost profits, loss of data, or any indirect, special, incidental, exemplary, consequential, or punitive damages arising from your use of miHoYo Services; (iii) any interruption, suspension, or termination of miHoYo Services; (iv) any bugs, viruses, or similar links transmitted by third parties on or through miHoYo Services; (v) any programs intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any personal information from you; and/or (vi) any damages arising from or in connection with unexpected circumstances or otherwise beyond our reasonable control.

In no event shall miHoYo be liable to you or any third parties for any indirect, incidental, punitive, special, exemplary, or consequential damages (including, without limitation, loss of business, revenue, profits, use, data, or other economic advantage), however it arises, whether for breach of contract or in tort, even if miHoYo has been advised of the likelihood of such damages occurring.

miHoYo has no control over any third-party sites that you may have access to, including those sites which are linked to or from our websites. Therefore, miHoYo is not responsible for the content or function of any third-party websites, and disclaims any liability for any aspects therein via your direct access to or through our websites or software. The applicable service terms and privacy policies of those third-party websites shall govern your use of such websites.

THE MAXIMUM AGGREGATE, CUMULATIVE LIABILITY OF MIHOYO AND OUR MEMBERS, OFFICERS, EMPLOYEES, DIRECTORS, CONSULTANTS, AND AFFILIATES’ SOFTWARE, WILL NOT EXCEED YOUR DIRECT DAMAGES, IF ANY, UP TO THE TOTAL FEES PAID BY YOU TO US DURING THE THREE (3) MONTHS PRIOR TO YOUR MAKING A CLAIM AGAINST MIHOYO. These limitations and exclusions regarding damages apply even if any remedy provided by us fails to provide adequate compensation.

13. Limitation on Claims

To the maximum extent permitted by the applicable laws, any claim arising from or in connection with this Agreement and/or miHoYo Services must commence within one year after you first become aware of the cause of action or within one year after the claim or cause of action accrues (whichever is earlier). If any claim is not filed within that time, then it shall be permanently barred.

14. Modification

miHoYo reserves the right to amend or otherwise revise this Agreement at any time and in any way without notice and you agree to check periodically for new terms and you agree to be bound by all amendments, modifications and revisions. Please note that your continued use of miHoYo Services shall constitute your acceptance to the newly updated Agreement (including any referred agreements or policies therein). If at any point you do not agree to any portion of then-current versions of agreements or policies, you may immediately stop accessing miHoYo Services and your license under this Agreement may immediately terminate.

15. Non-waiver

No failure or delay on the part of miHoYo in exercising any right, power, or privilege hereunder shall operate as a waiver of it, nor shall any single or partial exercise of any such right, power, or privilege preclude any other or further exercise of it or the exercise of any other right, power, or privilege.

16. Notice

To the maximum extent permitted by the applicable laws, miHoYo may send notices (including various rules, notifications, prompts, or other information pertaining to the use of miHoYo Services) to the users through one or more of the following, including notice or announcement within the game, page announcement on websites, official channels, phone messages, email, or other contact information you provided to miHoYo. Also, once any notice is dispatched or sent in any way listed above by miHoYo, it shall be deemed to have been served to you and have a binding effect on you. If you do not agree to the notice, please inform miHoYo in writing within 15 days of the receipt of such notice. Otherwise, it shall be deemed that you have accepted and agreed to such notice.

17. Termination

Without limiting any other rights of miHoYo, this Agreement will terminate automatically without notice if you fail to comply with any term or condition of this Agreement or any agreement or policy referred herein. You may also terminate this Agreement by deleting all miHoYo Game(s) you have installed and immediately stop accessing miHoYo Services. Upon termination, you shall no longer exercise any of the rights granted herein and you must destroy all copies of miHoYo Game(s) in your possession.

Notwithstanding the foregoing, your obligations accumulated prior to the termination of this Agreement shall still be fulfilled by you. Also, all of miHoYo’s rights and interests, and/or any authorization (if any) granted to miHoYo shall still remain in effect and survive the termination of this Agreement.

18. Severability

If any provision of this Agreement is held to be void or declared illegal, invalid, or unenforceable for any reason whatsoever, such provision shall be divisible from this Agreement and the rest shall remain in effect. Notwithstanding the foregoing, if the class action waiver is found invalid, unenforceable, or illegal, you agree that it may not be severable. Under no circumstances shall arbitration be conducted on a class basis without the express prior written consent of miHoYo.

19. Governing Law

This Agreement shall be governed by and construed under the laws of Hong Kong excluding its conflict of law principles. The Convention on Contracts for the International Sale of Goods will not apply. You agree that any claims or legal actions between you and miHoYo shall refer to the China International Economic and Trade Arbitration Commission (“CIETAC”) Hong Kong Arbitration Centre and it shall be conducted in accordance with such commission’s arbitration rules. The arbitral award is final and binding on both parties. If arbitration terms are not enforceable on any dispute, both parties agree that such dispute shall be brought to a court in Shanghai, China. You hereby consent to and waive all defenses of lack of personal jurisdiction and/or forum non convenience with respect to venue and jurisdiction, whether by arbitration or judicial judgment.

SUBJECT TO APPLICABLE LAWS AND REGULATIONS, BOTH PARTIES CONFIRM THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION.

20. No Assignment

You may not assign, transfer, or otherwise sub-contract any or all of your rights or obligations under this Agreement, whether by operation of law or otherwise, without the express prior written consent of miHoYo. Otherwise, miHoYo may, in its sole discretion, terminate providing services to you without notice. If the restrictions on transfer are not enforceable under the law in your country/region of residence, then this Agreement will be binding on you and any of your recipients. Notwithstanding the foregoing, at any time miHoYo shall be entitled to assign, transfer, or otherwise sub-contract any or all of its rights or obligations under this Agreement.

21. General

This Agreement contains the entire contract of the parties regarding the subject matter of this Agreement and supersedes any prior written or oral agreements between you and miHoYo.

References to “include”, “includes,” and “including” shall be construed so as to mean include without limitation, includes without limitation, and including without limitation, respectively.

Affiliate in this Agreement shall mean an entity that directly or indirectly controls, is controlled by, or is under common control with miHoYo Limited hereto.

miHoYo may translate this Agreement into other languages. If there is any difference between this English version and other language versions, then this English version shall prevail.

miHoYo shall not be responsible for any delay or failure to perform resulting from causes outside the reasonable control of miHoYo, including acts by governmental authorities, acts of God, or other events outside of the reasonable control of miHoYo.

You agree that miHoYo expressly reserves the right, at any time and for any reason without notice and without any form of compensation, to suspend or deny anyone using or accessing miHoYo Game(s) and/or miHoYo Services; to cease providing any service; and/or to change any portion of miHoYo Services.

You represent that you are entering into this Agreement on a completely voluntary basis and you expect no compensation other than what is expressly granted under this Agreement.

All the attachments are combined with this Agreement, and shall be as valid and effective as this Agreement.

In case of any inconsistency between this Agreement and the local laws in your country/region of residence, the local laws shall prevail and govern.

22. Contact

If you have any questions about this Agreement or have any requests for resolving issues arising from or in connection with this Agreement, please contact us in the first instance through email via the contact information provided at the bottom of our websites.

Attachment: Additional Terms for Residents of the European Union (EU) and the United Kingdom of Great Britain and Northern Ireland (UK)

THIS SECTION APPLIES TO ALL CONSUMERS AND PERSONS WHO ARE RESIDENTS OF THE EU AND THE UK.

Right of withdrawal

You have the right to withdraw from the purchase of a Virtual Currency or a Virtual Good anytime within 14 days from the day of purchase without giving any reason by contacting our customer service via [the contact information as stated in Article 22] and informing us that you wish to withdraw the purchase.

However, your right to withdraw will be lost once the content or service has been fully provided upon your request. If you request immediate delivery of any content that you purchase, you will have agreed upon purchase that your right of withdrawal will expire once the content is made available to you. For any service for which you request immediate delivery, you will have agreed upon purchase that your right of withdrawal will expire when all services are provided, and that in any case, you will not be reimbursed for any service that has already been provided to you. Otherwise, we will reimburse you all relevant payments without undue delay and within 14 days from your decision to withdraw using the same means of payment as you used for the purchase.

You may also use the following model form, but it is not obligatory.

To [miHoYo Limited, Room 1003, 10/F, Tower 1 Lippo Centre, 89 Queensway, Admiralty, Hong Kong, with the contact information as stated in Article 22]:

I hereby give notice that I withdraw from my contract for the provision of the following purchase [identify your purchase] ordered on Dec 31, 1969 @ 4:00pm[insert your name, address and user ID] Signature (only if this form is notified on paper) [insert date] miHoYo Limited Last Updated: June 29, 2023 ================================================== PRIVACY POLICY Effective Date: December 8, 2022 miHoYo Limited (“miHoYo”, “we”, “our”, or “us”) greatly recognizes and values the privacy of people (“you” or “user”) who visit our websites, use or access our games, whether played on mobile devices, PCs, our websites, or other approved platforms (“miHoYo Game(s)”), and/or otherwise use or access any of our provided services, including but not limited to customer support, marketing and advertising, and community services (collectively “miHoYo Services” or “our services”). The minimum age to create a user account is 13 (“Account”) in general. Insofar as certain countries or platforms apply a higher age of consent for the collection of personal data, miHoYo requires parental or guardian consent before an Account is created and personal data associated with it is collected. This Privacy Policy applies to any and all of miHoYo Services and describes why and how we collect, store, and use your personal data, and the choices and rights you have about the personal data you provide or that we collect in connection with miHoYo Services. By accessing our websites or otherwise using miHoYo Services, you acknowledge that you have read, understood, and accepted the following terms. In case you do not agree to any of the terms, some basic functions in miHoYo Game(s) may not be able to run normally, which may prevent you from using them. In the event of a merger, acquisition, reorganization, bankruptcy, or other similar event, we will make an announcement in advance, disclose the details of the event and information about the successor, and with the express consent of you and/or your parent and/or guardian (if applicable) again, your personal data may transfer to the successor of miHoYo. miHoYo may periodically modify, adjust, or revise the terms of this Privacy Policy. We will announce to you the updated terms and obtain your consent (and/or the consent of your parent/guardian, if applicable) again. You acknowledge and agree to check the updated terms regularly. If major clause changes are involved, we will make an announcement in advance. 1. What Data We Collect and Process Personal data means data that may be used to identify an individual, such as an email address, contact address, postal code, position data, title, occupation, personal interests, and other data that you choose to submit. (1) Data We Collect (either directly or through a third party) (i) Date of Birth. We only receive this information if you voluntarily provide it when using our services in accordance with Article 2(4) in “Why We Collect and Process Your Personal Data” (“Article 2”) of this Privacy Policy on the legal basis that it is collected with your consent (“with consent”), and we use this information to verify your age if you are a user in certain regions. Since we cannot verify the authenticity of your age, your self-reported age will be deemed as the basis for judgment. (ii) Telephone Number or Email Address. We only receive such information, if you voluntarily provide it to us, for linking your account with your telephone number and/or email address, logging in to our services by your email or telephone number, receiving updates to our services, and receiving verification codes by email or SMS for password changing or other purposes in accordance with Article 2(1) and 2(8) with consent. Besides, After taking appropriate technical security measures（such as encryption and hashing）to de-identify your email address, we will use your de-identified email address to measure the performance of our advertising and marketing programs in accordance with Article 2(6) and 2(10). (iii) User Generated Content: Nickname, chat data (solely in the form of text), and message board data. We use the above information to deliver your messages to other users for social interaction in-game and to facilitate your communication with other users in accordance with Article 2(7) and 2(9) on the legal basis of performing our contract with you to provide our services (“Service Provision”). (iv) User Service Information: Any information that you provide in communication with our support team, when you seek our technical and/or customer service support, and/or exercise any of your legal rights as the data subject. When receiving your request for support, we use such information to provide relevant support as you request and further improve our services in accordance with Article 2(10) on the legal basis of Service Provision. When receiving your request as the data subject, we use such information to verify the requestor’s identity to ensure that he/she is the person legally entitled to make the data access request or other request in accordance with Article 2(9) on the legal basis that it is necessary to perform our legitimate obligations as the data controller (“Obligation Performance”). (v) Survey Information: The content of your survey responses. If you agree to participate in such surveys, we use such information to improve our services in accordance with Article 2(8) with consent. (vi) Sweepstakes Participation Information: Name, email address, phone number, shipping address, UID, nickname, and country/region. If you agree to participate in such sweepstakes and win any prizes, we use your UID, address, and other information as necessary to provide digital prizes and/or ship physical prizes; and announce your UID and/or nickname in a partially-redacted format in accordance with Article 2(4) with consent. For users who have not won any prizes, we will not announce or display the above information in any form. For users who have won any prizes, we will store the above information in encrypted form and will not use such information beyond the purpose of such collection and process as provided in this clause. (vii) E-sports Event Related Information: If you are applying for an event organized by us, please provide us with your name, country/region of residence, email address, phone number, and UID, which will be used by us to create your team. If you win any physical prizes in the above event, please provide us with your name, phone number, shipping address, and country/region of residence, which will be used by us to ship your prize. If you are qualified to attend the above event in person, please provide us with your resident ID and passport, which will be used by us to verify that you are located in the country/region provided by your application and make arrangements in accordance with Article 2(4) with consent. We will store the above information with encryption and will not use the above information for any purposes other than the purposes described above in this clause. (viii) Internet Protocol (“IP”) Address. We use this information to allow you to connect to our servers in accordance with Article 2(1) on the legal basis of Service Provision. (ix) Connected Social Media Account Information (Third-Party): Your social media account information (if you choose to log in to our services via your social media account(s) with the corresponding network(s)). In the case of Facebook, this refers to the email address and public profile of your Facebook account; in the case of HoYoverse Account, this refers to the account ID, the email address (if any) and the phone number (if any) of your HoYoverse Account; we use such information to create your account for using our services in accordance with your request, and to ensure that you may share in-game photos on the corresponding network(s) in accordance with Article 2(9) on the legal basis of Service Provision. (x) Bugs, Errors, and Other Data About Crashes and Diagnosis Thereof (if the occasional system crash occurs in our services). Device information (name, model, memory size, and graphics card model), and in-game information (game version, user's UID, and exception stack); we use such information to conduct identity verification for security purposes, to identify and address bugs, and to evaluate and improve the functionality of our services in accordance with Article 2(3) and 2(4) on the legal basis that it is in our legitimate interest to ensure the security of our services, and to improve our services. (xi) Advertising Information: Device ID, namely, advertising ID, IDFA (identifier for advertising, excluding the circumstance where you don’t allow the App to track), and IDFV (identifier for vendor). If you click on a link that advertises our services, we store such information with your profile to measure the performance of our advertising and marketing programs in accordance with Article 2(6) and 2(10) on the legal basis of our legitimate interests. In order to better provide you with a complete gaming experience, we may merge and update our collected personal data with data from third-party contractors in order to update your data, perform market analysis, and/or otherwise improve our services. When you use or interact with third-party services that may be available on our services, such as third-party social media widgets, share buttons, and/or login mechanisms, this Privacy Policy does not and will not extend to such features, which shall be subject to the respective third-party privacy policies. Unless obtaining your express and additional consent in advance and for specific circumstances, we will not collect personally identifiable information(PII) or sensitive personal information(SPI), such as real name, address, and/or fax number. You acknowledge and agree that if you elect to submit any personal data, such personal data would be subject to this Privacy Policy and you agree with all the terms therein. Please note that any personal data submitted in business transactions will not be subject to this Privacy Policy, including but not limited to: job applications, participation in events, and contract signings. (2) Data We Collect Only for System Functions (i) Generated Open ID. We generate and use this information to store your game data (including level and progress) with your profile, and to allow you to connect to our servers in accordance with Article 2(1) on the legal basis of Service Provision. (ii) IP Address. We use this information to allow you to connect to our servers in accordance with Article 2(1) on the legal basis of Service Provision. (iii) Game Data. We use this information (including your nickname, gameplay status, progress and usage statistics) to provide you with game features (including game statistic ranklist/leaderboard), and feedback information about your gameplay and progress, and for other purposes set forth in Section 2 of this Privacy Policy on the legal basis of Service Provision. (iv) Device-Related Information: Device ID, device information (name, device type, MAC address, IMEI, CPU, graphics card model, OS version and language, time zone, screen DPI, device resolution), registration time and login time. We use such information to improve our services including the functionality thereof in accordance with Article 2(9) and 2(10) on the legal basis that it is in our legitimate interest to ensure service security, manage registrations, and improve our services. (v) Security-Related Information: For the Android version: application information (APK name, version, run-up time, progress name), user account, device information (model, OS version, brand, CPU structure, root status, unique identifier of ROM, screen resolution, system run-up time, whether an emulator is being used, installed APK information, MAC address, network type, names of running applications, list of file names in the cache directory of the SD card application, and Wi-Fi name); for the PC version: application information, memory, executable module, system driver module, new thread, new load module, proxy, network, CPU, disk, graphics card, account information, device name, specific file types for specific directory, names of process windows, and suspicious process module name signature; for the iOS version: application information (module and signature), device information (model, system kernel version, root status of device); in accordance with Article 2(9) on the legal basis that it is in our legitimate interest to ensure the security of our services. You know and understand that since there are multiple versions of the game, the above information is collected for the purpose of adapting, developing, and updating for devices of different versions. (vi) Malicious Content Information: Nickname, chat data (solely in the form of text), and message board data. In order to ensure a harmonious and healthy online environment in the game, we collect the above information to avoid some words that may offend or distress others (which breaches the Terms of Service, e.g. pornographic content) via your signature, nickname, or chat data within our services in accordance with Article 2(9) on the legal basis that it is in our legitimate interest to ensure security and a harmonious online environment within our services. 2. Why We Collect and Process Your Personal Data In order to provide services, perform the Terms of Service, and/or any other agreements between you and miHoYo, and/or perform the legal liabilities under the applicable laws, we collect and process your personal data to: (1) allow you to access or restrict your access to our services; (2) analyze and manage our services for system administration, user service, security, fraud-detection, checking the authenticity of an account owner, archival and/or backup purposes; (3) correct bugs or errors, improve our services and respond to customer desires and preferences, including language and location customization, personalized support and instructions, and other responses; (4) develop new services or products which user(s) request and improve the user experience; (5) verify and confirm payment; (6) deliver advertising that may be relevant to your interests (you can choose to turn this feature on or off in the device settings as stated hereunder); (7) communicate with other users and take action against violations; (8) personalize your experience, keep you up to date with the latest product announcements, provide software verification, upgrades and administration, notify special events, offer to participate in our surveys or activities, and provide other information pertaining to our services; (9) protect the integrity, safety, and security of our services, comply with legal obligations, and enforce compliance with the Terms of Service or other restrictions placed on your use of our services; and/or (10) track your process across our websites and applications to verify that you are not a bot and to optimize our services. For the purposes set forth above, our affiliates may be commissioned to process your information, provided that such affiliates comply with the terms and conditions hereunder. Affiliates in this Privacy Policy shall mean an entity that directly or indirectly controls, is controlled by, or is under common control with miHoYo Limited hereto. In all of the above cases and purposes, you acknowledge and confirm that we may analyze, profile, segment, merge, and/or update all collected data (regardless of whether in an aggregated or individualized manner) for the purposes of improving service quality and providing a better experience. In specific cases, we may collect other personal data apart from the categories stated herein based on your consent. When this occurs, we will, upon requiring your additional consent, provide more information about any change to the way or purpose of our collection or processing which might be different from or not clarified in detail in this Privacy Policy. Under any circumstance where our collection or processing of your personal data is based on your consent, you may withdraw such consent at any time with no impact on the validity and lawfulness of collection or processing based on the consent made before its withdrawal. 3. Advertisements and Your Choices For the purpose of providing personalized advertisements, you acknowledge and agree that based on your consent we may collect and process the data to: (1) deliver, target, and improve our advertising; and/or (2) improve other marketing and promotional activities. We may also deliver advertisements, market research, or surveys by ourselves or our authorized contractors, using the data you provide. If you do not wish to receive any marketing or advertising information from us or our contractors, please do not provide your personal data. Pertaining to marketing or promotional communications, you may opt-out of receiving such communications in accordance with the instructions therein, such as SMS, email, online communication channels, or other contact methods provided by us. For example, you may opt-out of the out-of-game push notifications on mobile applications by checking the relevant settings and turning off “allow notifications” (iOS/Android). Without your consent, we ensure that we will not use your data for marketing purposes, and after granting permission, you may also withdraw such consent at any time without impact on the validity and lawfulness of data usage prior to such withdrawal. For the avoidance of doubt, if we have knowledge that you are a registered user under the age of 13 (or 14 –16 if applicable), we will not target you with advertising. 4. Cookies or Similar Technology In order to measure the effectiveness of our services, we may use cookies, which are small text files, for added functionality or for tracking site usage. From time to time, we may use cookies and/or authorize a third-party’s tracking-utility (a) to log your IP address in determining the path that users take on our sites and identifying returning users to our sites, (b) to collect the websites or sources that linked or referred you to our services, and/or (c) to collect technical data about the devices and software you use to access our services, the operating system of your devices, and other similar technical data. Notwithstanding the foregoing, we do not link your IP address to your personal data. If you do not wish to accept cookies or want to be notified of when they are placed, you may set your web browser to do so, if your browser permits. We use the cookies, web beacons, and similar technology to personalize your experience with our services and for various other purposes, including: (1) remembering you: cookies, web beacons and similar technology help us identify you as a registered user and keep the preferences or data that you have previously provided; (2) analyzing how you use our services: cookies, web beacons and similar technology help us understand what visitors (including users) are doing with our services, or what pages or sections are most popular; (3) delivering advertising: cookies, web beacons, and similar technology help us provide you with advertising that we believe is relevant to you or of interest to you on the basis of your provided data; and/or (4) other related functions or purposes mentioned in Article 2 herein. We or our authorized contractors may use cookies and similar technology to provide and personalize services, prevent fraud, and fulfil other purposes mentioned above. Please note, you can disable cookies in your browser settings; however, some parts of miHoYo Services may not function properly afterwards. 5. Who May Access Your Personal Data In addition to miHoYo and/or its affiliates, other parties may also access your personal data in the following situations. You acknowledge that you have foreseen and agreed to the occurrence of such disclosure when you provide your personal data. (1) Other In-Game Users of Our Services Other users may take part in the in-game activities in which you participate in, access your displayed data, and read the messages you have posted on or through our services. You acknowledge and agree that our services may also include message boards, communities, forums, and/or other chat areas, where users may exchange ideas or communicate with other users, and that any data you post to any communication area is publicly viewable. We strongly recommend that all users avoid posting personal or sensitive data at any time on or through our services. (2) Competent Authorities We may provide a certain portion of your personal data to judicial or administrative authorities as so requested. Besides, we may disclose certain portion of your personal data within a strictly limited scope of recipients when we reasonably think it is necessary to protect us, our users, or a portion of the public. In addition, as required by the applicable laws, we reserve the right to disclose your personal data in the cases that we, in our good faith, believe that disclosing such data is necessary to identify, contact, or bring legal action against you, if (a) you are violating any other agreements between you and us, such as the Terms of Service, this Privacy Policy, or otherwise damage us; (b) you are infringing third-parties’ rights and interests (including but not limited to intellectual property rights); and/or (c) we believe that it is necessary to prevent fraud or other illegal activities. (3) Third-Party Contractors miHoYo works with a number of third parties (if any) on or through our services to help us provide services and functionalities to you. We do not sell your personal data and only share data that is non-personally identifiable on its own, aggregated, or public with third-parties under the following necessary circumstances, and such third-parties thereof are prevented from processing (including but not limited to accessing, storing, using, or disclosing) your personal data except for achieving the purpose of their cooperation with us: (i) Social networking portals who provide login and/or content-sharing services to and in our services; (ii) Logistics service providers who provide shipping services such as delivering physical prizes to users; (iii) Information communication service providers who provide SMS-messaging services; (iv) Payment service providers who provide payment services, such as assisting our services to run on, facilitating users’ payments, and maintaining a record of the users’ transaction history; (v) Advertising service contractors who provide marketing and advertising activities, including conducting programs, tracking success, and analyzing effects thereof; and (vi) Other contractors (if any) for the purpose of providing our services to you. Besides, such contractors may use cookies, web beacons, and/or other tracking technologies to collect or receive data about you and might claim data controller rights over your personal data. For example, users purchasing and/or subscribing to products or services will be required to provide additional data to third-party payment contractors, such as a valid credit card number and expiration date. Such third-party payment contractors may collect, process, and retain your data to process payments and resolve subsequent payment disputes and inquiries. We may also receive, process, and store the provided information from you and/or such third-party payment contractors to confirm payment, record purchase history, and/or protect our legitimate interest when resolving subsequent payment disputes and inquiries. Notwithstanding the foregoing, if you make any payments in using our services, any of your payment details are fully handled by the relevant payment service provider. We do not, however, receive and/or process any of your actual payment details such as your card number or security code. We only keep the data concerning transaction date, transaction order number, currency, cost, payment channel, and product(s) purchased. Each third-party has its own privacy policy and security measures for processing data and information, so when specific third-parties are involved in collecting data and information, please participate in their privacy policies. Since those contractors may access, collect, or process your data as the data controller and operate under their own privacy policies, please refer directly to their privacy policies on their official websites and learn more about their data processing practices. 6. Data Retention We will keep your data only for as long as your account is active or only for as needed to provide you miHoYo game services unless deleted in accordance with your request or as otherwise required by law. The locations of servers for the game services include: (1) The United States, in which the CCPA (short for “California Consumer Privacy Act of 2018”) and the COPPA (short for “Children’s Online Privacy Protection Act”) shall govern our services conducted as stipulated in this Privacy Policy; (2) France, in which the GDPR (short for “General Data Protection Regulation”) shall govern our services conducted as stipulated in this Privacy Policy. You acknowledge and agree that your data will be processed on our servers which may not be located in your country/region of residence and can be accessed by our support, engineering, and/or our affiliates around the world. No matter where our servers are located, we will make great efforts to take the appropriate safeguards to guarantee your rights in conformity with this Privacy Policy and any applicable laws. In case you request to remove or delete your personal data, we will retain your data as long as necessary for our legitimate business interests, such as to comply with our legal obligations, resolve disputes, and/or enforce the agreements between you and us. Please note that the removal or deletion of any of your data may result in the termination of some of our applicable services. We will only store your information as long as necessary to fulfil the purposes for which the information is collected and processed or where the applicable laws provide for longer storage and retention period. Upon expiration of such period, your personal data will be deleted, blocked, or anonymized, in accordance with the applicable laws. 7. Your Rights If you request in writing, we will provide you a copy of your personal data in an electronic format after passing our verification process. You also have the right to correct or modify your data, have your data deleted, object to how we use or share your data, restrict how we use or share your data, and make any other request as provided herein or regulated by the applicable regulations of the relevant authorities (including but not limited to the GDPR and the CCPA) through sending an email to the email address of our DPO (short for “Data Protection Officer”) as agreed in Article 10. Upon receiving your request via email, we will promptly conduct a verification process including but not limited to instructing you to provide information to confirm that you are the user from whom we have collected information, subject to the specific instructions of our DPO. (1) Right to Know About Personal Information Collected, Disclosed, or Sold You have the right to access your personal data, i.e. the right to require free of charge, (i) information whether your personal data is collected, used, disclosed, or sold, (ii) categories of your personal data that have been collected in the preceding 12 months, (iii) categories of sources from which your personal data is collected, (iv) business or commercial purpose for collecting or selling your personal data (if any), (v) disclosure of sale of your personal data (if any): i.e. the categories of your personal data which have been disclosed or sold (if any) to third-parties in the preceding 12 months, the categories of third parties to whom your personal data was disclosed or sold (if any), statement regarding whether we have actual knowledge that we sell your personal data if you are under 16 years of age; and you have the right to require us to provide a duplicate of your personal data undergoing processing, subject to submitting a verifiable request in the form of an email to our DPO’s email address as agreed in Article 10. You can also exercise the right to access your personal data through Account Management on our websites. According to our reasonable and unilateral judgement, if your verifiable request affects or will affect the rights or freedom of other users or is manifestly unfounded or excessive, we reserve the right to charge a reasonable fee (taking into account the administrative costs arising therefrom) or refuse to act on the request. (2) Right to Rectify If we process your personal data, we shall endeavor to ensure, by implementing suitable measures, that your personal data is accurate and up-to-date for the purposes for which it was collected. If your personal data is inaccurate or incomplete, you have the right to obtain rectification of your inaccurate personal data without undue delay according to Article 16 of the GDPR and you can modify the information you provided via Account Management on our websites. (3) Right to Request Deletion of Personal Information You have the right to obtain deletion of your personal data if the reason as stated in Article 2 of this Privacy Policy does not exist anymore, or if there is another legal ground for its deletion, You can click on the user center in the game and submit an application to log out your user account and delete all your data. If you want to withdraw your request, please login in and reactivate game account within the 30-days from you submit the application. You acknowledge and agree that as a result of deleting your Account, you will lose access to miHoYo services, including the Account, subscriptions game-related information linked to such Account, and lose the possibility to access other services through such Account. (4) Right to Object When our processing of your personal data is based on legitimate interests according to Article 6(1)(f) of the GDPR and/or Article 2 of this Privacy Policy or any other applicable laws in your country/region of residence, you have the right to object to our processing. If you object, we will no longer process your personal data unless there are compelling and prevailing on legitimate grounds of processing as described in Article 21 of the GDPR or any other applicable laws in your country/region of residence; in particular, if the data is necessary for the establishment, exercise, or defense of legal claims. You also have the right to lodge a complaint with a supervisory authority. (5) Right to Restrict Processing You have the right to restrict the processing of your personal data under the conditions set out in Article 18 of the GDPR or any other applicable laws in your country/region of residence. (6) Right to Personal Data Portability You have the right to receive your personal data in a structured, commonly used, and machine-readable format and have the right to transmit that data to another controller under the conditions set out in Article 20 of the GDPR or any other applicable laws in your country/region of residence. miHoYo makes your personal data available through the privacy dashboard as described above. (7) Right to Opt-Out of the Sale of Personal Information (if applicable) You have the right to opt-out of the sale of your personal data (if any) and require us to make a statement regarding whether or not we sell your personal data and provide an opt-out mechanism or link to it except as otherwise stipulated in the CCPA. (8) Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights You have the right not to receive discriminatory treatment by us for the privacy rights conferred by the CCPA, namely that we shall not offer financial incentive or a price or service difference due to your exercise of any of your rights under the CCPA unless such difference is reasonably related to the value of your personal data. Notwithstanding the foregoing, we have the right to deny your request to know, request to delete, or request to opt-out for reasons permitted by the CCPA or those regulations thereof, and such denial shall not be considered discriminatory. (9) Right to Authorize an Agent to Make a Request on Your Behalf You have the right to authorize an agent on your behalf to make a request to know, delete, or opt-out under the CCPA. When you use an authorized agent to submit any request provided above, we may require you to provide signed permission to authorize your agent to do so for the purpose of verifying your own identity, and the official permission by your agent to submit this request. In the case of failure to provide any of the requested materials, to protect the user’s information and data security, we are entitled to denying such request. Notwithstanding the foregoing, if the applicable laws in your country/region of residence provide otherwise, such laws shall govern. 8. Securing Your Data Pertaining to your use of our services, we have endeavored to take reasonable measures to prevent unauthorized access to or improper use of your personal data, such as organizational controls, technical protection, and other protection measures. Unfortunately, the transmission of information via the internet is not completely secure. While we strive to protect your personal data, we also remind you to be aware of hacking, cyberattacks, and other risks on the Internet. Therefore, we strongly urge you to take every possible precaution to protect your personal data when using our services, including but not limited to changing your passwords from time to time, not reflecting your real name or other personal data in registration, using a combination of letters and numbers when creating passwords, using a secure browser, and/or taking other possible security measures. Please note that for security reasons, we store passwords in encrypted form. Please be aware that advertisers or websites with links to and/or from our websites may collect personal data about you and this Privacy Policy does not apply to, and cannot control the activities of, those other advertisers or websites. We highly recommend that you read the privacy policy of such third party websites which you may be directed to before providing any personal data. 9. Age Limits and Children Protection You represent that you are an adult in your country/region of residence (or at another age in your jurisdiction where you are classified as a majority) when using miHoYo Services. If you are a minor or under the legal age of majority (“Minor” or “Children”), please do not send any personal data about yourself to us, including your name, address, telephone number, or email address. Notwithstanding the foregoing, we recognize that we have a special obligation to protect children in regards to the collection and processing of personal data, and we do not and will not knowingly collect personal data from children without consent from their parents or guardians. We strongly urge parents and guardians to instruct their children never to disclose any of their personal data when using our services without the prior permission of their parents or guardians. If we learn that we have collected a child’s personal data, we will delete such data as quickly as possible. Also, if you believe that we might have any data from or about a child, please contact us at our DPO’s email. 10. Contact and Complaints For the purpose of establishing the personal data protection in a better and more efficient way, we, as the Data Controller, designate a DPO who is responsible for the oversight and implementation of the personal data protection strategy and ensures our processing of personal data in compliance with necessary legal requirements stipulated in the applicable laws. If you have any questions about this Privacy Policy or have any requests for resolving issues with your personal data while using our services, please contact us as soon as possible by emailing our DPO at privacy@hoyoverse.com. miHoYo Limited Last Updated: December 8, 20

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miHoYo Limited

Last Updated: June 29, 2023

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PRIVACY POLICY

Effective Date: December 8, 2022

miHoYo Limited (“miHoYo”, “we”, “our”, or “us”) greatly recognizes and values the privacy of people (“you” or “user”) who visit our websites, use or access our games, whether played on mobile devices, PCs, our websites, or other approved platforms (“miHoYo Game(s)”), and/or otherwise use or access any of our provided services, including but not limited to customer support, marketing and advertising, and community services (collectively “miHoYo Services” or “our services”).

The minimum age to create a user account is 13 (“Account”) in general. Insofar as certain countries or platforms apply a higher age of consent for the collection of personal data, miHoYo requires parental or guardian consent before an Account is created and personal data associated with it is collected.

This Privacy Policy applies to any and all of miHoYo Services and describes why and how we collect, store, and use your personal data, and the choices and rights you have about the personal data you provide or that we collect in connection with miHoYo Services. By accessing our websites or otherwise using miHoYo Services, you acknowledge that you have read, understood, and accepted the following terms. In case you do not agree to any of the terms, some basic functions in miHoYo Game(s) may not be able to run normally, which may prevent you from using them.

In the event of a merger, acquisition, reorganization, bankruptcy, or other similar event, we will make an announcement in advance, disclose the details of the event and information about the successor, and with the express consent of you and/or your parent and/or guardian (if applicable) again, your personal data may transfer to the successor of miHoYo. miHoYo may periodically modify, adjust, or revise the terms of this Privacy Policy. We will announce to you the updated terms and obtain your consent (and/or the consent of your parent/guardian, if applicable) again. You acknowledge and agree to check the updated terms regularly. If major clause changes are involved, we will make an announcement in advance.

1. What Data We Collect and Process

Personal data means data that may be used to identify an individual, such as an email address, contact address, postal code, position data, title, occupation, personal interests, and other data that you choose to submit.

(1) Data We Collect (either directly or through a third party)

(i) Date of Birth. We only receive this information if you voluntarily provide it when using our services in accordance with Article 2(4) in “Why We Collect and Process Your Personal Data” (“Article 2”) of this Privacy Policy on the legal basis that it is collected with your consent (“with consent”), and we use this information to verify your age if you are a user in certain regions. Since we cannot verify the authenticity of your age, your self-reported age will be deemed as the basis for judgment.

(ii) Telephone Number or Email Address. We only receive such information, if you voluntarily provide it to us, for linking your account with your telephone number and/or email address, logging in to our services by your email or telephone number, receiving updates to our services, and receiving verification codes by email or SMS for password changing or other purposes in accordance with Article 2(1) and 2(8) with consent. Besides, After taking appropriate technical security measures（such as encryption and hashing）to de-identify your email address, we will use your de-identified email address to measure the performance of our advertising and marketing programs in accordance with Article 2(6) and 2(10).

(iii) User Generated Content: Nickname, chat data (solely in the form of text), and message board data. We use the above information to deliver your messages to other users for social interaction in-game and to facilitate your communication with other users in accordance with Article 2(7) and 2(9) on the legal basis of performing our contract with you to provide our services (“Service Provision”).

(iv) User Service Information: Any information that you provide in communication with our support team, when you seek our technical and/or customer service support, and/or exercise any of your legal rights as the data subject. When receiving your request for support, we use such information to provide relevant support as you request and further improve our services in accordance with Article 2(10) on the legal basis of Service Provision. When receiving your request as the data subject, we use such information to verify the requestor’s identity to ensure that he/she is the person legally entitled to make the data access request or other request in accordance with Article 2(9) on the legal basis that it is necessary to perform our legitimate obligations as the data controller (“Obligation Performance”).

(v) Survey Information: The content of your survey responses. If you agree to participate in such surveys, we use such information to improve our services in accordance with Article 2(8) with consent.

(vi) Sweepstakes Participation Information: Name, email address, phone number, shipping address, UID, nickname, and country/region. If you agree to participate in such sweepstakes and win any prizes, we use your UID, address, and other information as necessary to provide digital prizes and/or ship physical prizes; and announce your UID and/or nickname in a partially-redacted format in accordance with Article 2(4) with consent. For users who have not won any prizes, we will not announce or display the above information in any form. For users who have won any prizes, we will store the above information in encrypted form and will not use such information beyond the purpose of such collection and process as provided in this clause.

(vii) E-sports Event Related Information: If you are applying for an event organized by us, please provide us with your name, country/region of residence, email address, phone number, and UID, which will be used by us to create your team. If you win any physical prizes in the above event, please provide us with your name, phone number, shipping address, and country/region of residence, which will be used by us to ship your prize. If you are qualified to attend the above event in person, please provide us with your resident ID and passport, which will be used by us to verify that you are located in the country/region provided by your application and make arrangements in accordance with Article 2(4) with consent. We will store the above information with encryption and will not use the above information for any purposes other than the purposes described above in this clause.

(viii) Internet Protocol (“IP”) Address. We use this information to allow you to connect to our servers in accordance with Article 2(1) on the legal basis of Service Provision.

(ix) Connected Social Media Account Information (Third-Party): Your social media account information (if you choose to log in to our services via your social media account(s) with the corresponding network(s)). In the case of Facebook, this refers to the email address and public profile of your Facebook account; in the case of HoYoverse Account, this refers to the account ID, the email address (if any) and the phone number (if any) of your HoYoverse Account; we use such information to create your account for using our services in accordance with your request, and to ensure that you may share in-game photos on the corresponding network(s) in accordance with Article 2(9) on the legal basis of Service Provision.

(x) Bugs, Errors, and Other Data About Crashes and Diagnosis Thereof (if the occasional system crash occurs in our services). Device information (name, model, memory size, and graphics card model), and in-game information (game version, user's UID, and exception stack); we use such information to conduct identity verification for security purposes, to identify and address bugs, and to evaluate and improve the functionality of our services in accordance with Article 2(3) and 2(4) on the legal basis that it is in our legitimate interest to ensure the security of our services, and to improve our services.

(xi) Advertising Information: Device ID, namely, advertising ID, IDFA (identifier for advertising, excluding the circumstance where you don’t allow the App to track), and IDFV (identifier for vendor). If you click on a link that advertises our services, we store such information with your profile to measure the performance of our advertising and marketing programs in accordance with Article 2(6) and 2(10) on the legal basis of our legitimate interests.

In order to better provide you with a complete gaming experience, we may merge and update our collected personal data with data from third-party contractors in order to update your data, perform market analysis, and/or otherwise improve our services.

When you use or interact with third-party services that may be available on our services, such as third-party social media widgets, share buttons, and/or login mechanisms, this Privacy Policy does not and will not extend to such features, which shall be subject to the respective third-party privacy policies.

Unless obtaining your express and additional consent in advance and for specific circumstances, we will not collect personally identifiable information(PII) or sensitive personal information(SPI), such as real name, address, and/or fax number. You acknowledge and agree that if you elect to submit any personal data, such personal data would be subject to this Privacy Policy and you agree with all the terms therein. Please note that any personal data submitted in business transactions will not be subject to this Privacy Policy, including but not limited to: job applications, participation in events, and contract signings.

(2) Data We Collect Only for System Functions

(i) Generated Open ID. We generate and use this information to store your game data (including level and progress) with your profile, and to allow you to connect to our servers in accordance with Article 2(1) on the legal basis of Service Provision.

(ii) IP Address. We use this information to allow you to connect to our servers in accordance with Article 2(1) on the legal basis of Service Provision.

(iii) Game Data. We use this information (including your nickname, gameplay status, progress and usage statistics) to provide you with game features (including game statistic ranklist/leaderboard), and feedback information about your gameplay and progress, and for other purposes set forth in Section 2 of this Privacy Policy on the legal basis of Service Provision.

(iv) Device-Related Information: Device ID, device information (name, device type, MAC address, IMEI, CPU, graphics card model, OS version and language, time zone, screen DPI, device resolution), registration time and login time. We use such information to improve our services including the functionality thereof in accordance with Article 2(9) and 2(10) on the legal basis that it is in our legitimate interest to ensure service security, manage registrations, and improve our services.

(v) Security-Related Information: For the Android version: application information (APK name, version, run-up time, progress name), user account, device information (model, OS version, brand, CPU structure, root status, unique identifier of ROM, screen resolution, system run-up time, whether an emulator is being used, installed APK information, MAC address, network type, names of running applications, list of file names in the cache directory of the SD card application, and Wi-Fi name); for the PC version: application information, memory, executable module, system driver module, new thread, new load module, proxy, network, CPU, disk, graphics card, account information, device name, specific file types for specific directory, names of process windows, and suspicious process module name signature; for the iOS version: application information (module and signature), device information (model, system kernel version, root status of device); in accordance with Article 2(9) on the legal basis that it is in our legitimate interest to ensure the security of our services.

You know and understand that since there are multiple versions of the game, the above information is collected for the purpose of adapting, developing, and updating for devices of different versions.

(vi) Malicious Content Information: Nickname, chat data (solely in the form of text), and message board data. In order to ensure a harmonious and healthy online environment in the game, we collect the above information to avoid some words that may offend or distress others (which breaches the Terms of Service, e.g. pornographic content) via your signature, nickname, or chat data within our services in accordance with Article 2(9) on the legal basis that it is in our legitimate interest to ensure security and a harmonious online environment within our services.

2. Why We Collect and Process Your Personal Data

In order to provide services, perform the Terms of Service, and/or any other agreements between you and miHoYo, and/or perform the legal liabilities under the applicable laws, we collect and process your personal data to:

(1) allow you to access or restrict your access to our services;

(2) analyze and manage our services for system administration, user service, security, fraud-detection, checking the authenticity of an account owner, archival and/or backup purposes;

(3) correct bugs or errors, improve our services and respond to customer desires and preferences, including language and location customization, personalized support and instructions, and other responses;

(4) develop new services or products which user(s) request and improve the user experience;

(5) verify and confirm payment;

(6) deliver advertising that may be relevant to your interests (you can choose to turn this feature on or off in the device settings as stated hereunder);

(7) communicate with other users and take action against violations;

(8) personalize your experience, keep you up to date with the latest product announcements, provide software verification, upgrades and administration, notify special events, offer to participate in our surveys or activities, and provide other information pertaining to our services;

(9) protect the integrity, safety, and security of our services, comply with legal obligations, and enforce compliance with the Terms of Service or other restrictions placed on your use of our services; and/or

(10) track your process across our websites and applications to verify that you are not a bot and to optimize our services.

For the purposes set forth above, our affiliates may be commissioned to process your information, provided that such affiliates comply with the terms and conditions hereunder. Affiliates in this Privacy Policy shall mean an entity that directly or indirectly controls, is controlled by, or is under common control with miHoYo Limited hereto.

In all of the above cases and purposes, you acknowledge and confirm that we may analyze, profile, segment, merge, and/or update all collected data (regardless of whether in an aggregated or individualized manner) for the purposes of improving service quality and providing a better experience.

In specific cases, we may collect other personal data apart from the categories stated herein based on your consent. When this occurs, we will, upon requiring your additional consent, provide more information about any change to the way or purpose of our collection or processing which might be different from or not clarified in detail in this Privacy Policy.

Under any circumstance where our collection or processing of your personal data is based on your consent, you may withdraw such consent at any time with no impact on the validity and lawfulness of collection or processing based on the consent made before its withdrawal.

3. Advertisements and Your Choices

For the purpose of providing personalized advertisements, you acknowledge and agree that based on your consent we may collect and process the data to:

(1) deliver, target, and improve our advertising; and/or

(2) improve other marketing and promotional activities.

We may also deliver advertisements, market research, or surveys by ourselves or our authorized contractors, using the data you provide. If you do not wish to receive any marketing or advertising information from us or our contractors, please do not provide your personal data.

Pertaining to marketing or promotional communications, you may opt-out of receiving such communications in accordance with the instructions therein, such as SMS, email, online communication channels, or other contact methods provided by us. For example, you may opt-out of the out-of-game push notifications on mobile applications by checking the relevant settings and turning off “allow notifications” (iOS/Android).

Without your consent, we ensure that we will not use your data for marketing purposes, and after granting permission, you may also withdraw such consent at any time without impact on the validity and lawfulness of data usage prior to such withdrawal. For the avoidance of doubt, if we have knowledge that you are a registered user under the age of 13 (or 14 –16 if applicable), we will not target you with advertising.

4. Cookies or Similar Technology

In order to measure the effectiveness of our services, we may use cookies, which are small text files, for added functionality or for tracking site usage. From time to time, we may use cookies and/or authorize a third-party’s tracking-utility (a) to log your IP address in determining the path that users take on our sites and identifying returning users to our sites, (b) to collect the websites or sources that linked or referred you to our services, and/or (c) to collect technical data about the devices and software you use to access our services, the operating system of your devices, and other similar technical data. Notwithstanding the foregoing, we do not link your IP address to your personal data. If you do not wish to accept cookies or want to be notified of when they are placed, you may set your web browser to do so, if your browser permits.

We use the cookies, web beacons, and similar technology to personalize your experience with our services and for various other purposes, including:

(1) remembering you: cookies, web beacons and similar technology help us identify you as a registered user and keep the preferences or data that you have previously provided;

(2) analyzing how you use our services: cookies, web beacons and similar technology help us understand what visitors (including users) are doing with our services, or what pages or sections are most popular;

(3) delivering advertising: cookies, web beacons, and similar technology help us provide you with advertising that we believe is relevant to you or of interest to you on the basis of your provided data; and/or

(4) other related functions or purposes mentioned in Article 2 herein.

We or our authorized contractors may use cookies and similar technology to provide and personalize services, prevent fraud, and fulfil other purposes mentioned above. Please note, you can disable cookies in your browser settings; however, some parts of miHoYo Services may not function properly afterwards.

5. Who May Access Your Personal Data

In addition to miHoYo and/or its affiliates, other parties may also access your personal data in the following situations. You acknowledge that you have foreseen and agreed to the occurrence of such disclosure when you provide your personal data.

(1) Other In-Game Users of Our Services

Other users may take part in the in-game activities in which you participate in, access your displayed data, and read the messages you have posted on or through our services. You acknowledge and agree that our services may also include message boards, communities, forums, and/or other chat areas, where users may exchange ideas or communicate with other users, and that any data you post to any communication area is publicly viewable. We strongly recommend that all users avoid posting personal or sensitive data at any time on or through our services.

(2) Competent Authorities

We may provide a certain portion of your personal data to judicial or administrative authorities as so requested. Besides, we may disclose certain portion of your personal data within a strictly limited scope of recipients when we reasonably think it is necessary to protect us, our users, or a portion of the public.

In addition, as required by the applicable laws, we reserve the right to disclose your personal data in the cases that we, in our good faith, believe that disclosing such data is necessary to identify, contact, or bring legal action against you, if (a) you are violating any other agreements between you and us, such as the Terms of Service, this Privacy Policy, or otherwise damage us; (b) you are infringing third-parties’ rights and interests (including but not limited to intellectual property rights); and/or (c) we believe that it is necessary to prevent fraud or other illegal activities.

(3) Third-Party Contractors

miHoYo works with a number of third parties (if any) on or through our services to help us provide services and functionalities to you. We do not sell your personal data and only share data that is non-personally identifiable on its own, aggregated, or public with third-parties under the following necessary circumstances, and such third-parties thereof are prevented from processing (including but not limited to accessing, storing, using, or disclosing) your personal data except for achieving the purpose of their cooperation with us:

(i) Social networking portals who provide login and/or content-sharing services to and in our services;

(ii) Logistics service providers who provide shipping services such as delivering physical prizes to users;

(iii) Information communication service providers who provide SMS-messaging services;

(iv) Payment service providers who provide payment services, such as assisting our services to run on, facilitating users’ payments, and maintaining a record of the users’ transaction history;

(v) Advertising service contractors who provide marketing and advertising activities, including conducting programs, tracking success, and analyzing effects thereof; and

(vi) Other contractors (if any) for the purpose of providing our services to you.

Besides, such contractors may use cookies, web beacons, and/or other tracking technologies to collect or receive data about you and might claim data controller rights over your personal data. For example, users purchasing and/or subscribing to products or services will be required to provide additional data to third-party payment contractors, such as a valid credit card number and expiration date. Such third-party payment contractors may collect, process, and retain your data to process payments and resolve subsequent payment disputes and inquiries. We may also receive, process, and store the provided information from you and/or such third-party payment contractors to confirm payment, record purchase history, and/or protect our legitimate interest when resolving subsequent payment disputes and inquiries. Notwithstanding the foregoing, if you make any payments in using our services, any of your payment details are fully handled by the relevant payment service provider. We do not, however, receive and/or process any of your actual payment details such as your card number or security code. We only keep the data concerning transaction date, transaction order number, currency, cost, payment channel, and product(s) purchased.

Each third-party has its own privacy policy and security measures for processing data and information, so when specific third-parties are involved in collecting data and information, please participate in their privacy policies. Since those contractors may access, collect, or process your data as the data controller and operate under their own privacy policies, please refer directly to their privacy policies on their official websites and learn more about their data processing practices.

6. Data Retention

We will keep your data only for as long as your account is active or only for as needed to provide you miHoYo game services unless deleted in accordance with your request or as otherwise required by law. The locations of servers for the game services include:

(1) The United States, in which the CCPA (short for “California Consumer Privacy Act of 2018”) and the COPPA (short for “Children’s Online Privacy Protection Act”) shall govern our services conducted as stipulated in this Privacy Policy;

(2) France, in which the GDPR (short for “General Data Protection Regulation”) shall govern our services conducted as stipulated in this Privacy Policy.

You acknowledge and agree that your data will be processed on our servers which may not be located in your country/region of residence and can be accessed by our support, engineering, and/or our affiliates around the world. No matter where our servers are located, we will make great efforts to take the appropriate safeguards to guarantee your rights in conformity with this Privacy Policy and any applicable laws.

In case you request to remove or delete your personal data, we will retain your data as long as necessary for our legitimate business interests, such as to comply with our legal obligations, resolve disputes, and/or enforce the agreements between you and us. Please note that the removal or deletion of any of your data may result in the termination of some of our applicable services.

We will only store your information as long as necessary to fulfil the purposes for which the information is collected and processed or where the applicable laws provide for longer storage and retention period. Upon expiration of such period, your personal data will be deleted, blocked, or anonymized, in accordance with the applicable laws.

7. Your Rights

If you request in writing, we will provide you a copy of your personal data in an electronic format after passing our verification process. You also have the right to correct or modify your data, have your data deleted, object to how we use or share your data, restrict how we use or share your data, and make any other request as provided herein or regulated by the applicable regulations of the relevant authorities (including but not limited to the GDPR and the CCPA) through sending an email to the email address of our DPO (short for “Data Protection Officer”) as agreed in Article 10. Upon receiving your request via email, we will promptly conduct a verification process including but not limited to instructing you to provide information to confirm that you are the user from whom we have collected information, subject to the specific instructions of our DPO.

(1) Right to Know About Personal Information Collected, Disclosed, or Sold

You have the right to access your personal data, i.e. the right to require free of charge, (i) information whether your personal data is collected, used, disclosed, or sold, (ii) categories of your personal data that have been collected in the preceding 12 months, (iii) categories of sources from which your personal data is collected, (iv) business or commercial purpose for collecting or selling your personal data (if any), (v) disclosure of sale of your personal data (if any): i.e. the categories of your personal data which have been disclosed or sold (if any) to third-parties in the preceding 12 months, the categories of third parties to whom your personal data was disclosed or sold (if any), statement regarding whether we have actual knowledge that we sell your personal data if you are under 16 years of age; and you have the right to require us to provide a duplicate of your personal data undergoing processing, subject to submitting a verifiable request in the form of an email to our DPO’s email address as agreed in Article 10. You can also exercise the right to access your personal data through Account Management on our websites. According to our reasonable and unilateral judgement, if your verifiable request affects or will affect the rights or freedom of other users or is manifestly unfounded or excessive, we reserve the right to charge a reasonable fee (taking into account the administrative costs arising therefrom) or refuse to act on the request.

(2) Right to Rectify

If we process your personal data, we shall endeavor to ensure, by implementing suitable measures, that your personal data is accurate and up-to-date for the purposes for which it was collected. If your personal data is inaccurate or incomplete, you have the right to obtain rectification of your inaccurate personal data without undue delay according to Article 16 of the GDPR and you can modify the information you provided via Account Management on our websites.

(3) Right to Request Deletion of Personal Information

You have the right to obtain deletion of your personal data if the reason as stated in Article 2 of this Privacy Policy does not exist anymore, or if there is another legal ground for its deletion, You can click on the user center in the game and submit an application to log out your user account and delete all your data. If you want to withdraw your request, please login in and reactivate game account within the 30-days from you submit the application.

You acknowledge and agree that as a result of deleting your Account, you will lose access to miHoYo services, including the Account, subscriptions game-related information linked to such Account, and lose the possibility to access other services through such Account.

(4) Right to Object

When our processing of your personal data is based on legitimate interests according to Article 6(1)(f) of the GDPR and/or Article 2 of this Privacy Policy or any other applicable laws in your country/region of residence, you have the right to object to our processing. If you object, we will no longer process your personal data unless there are compelling and prevailing on legitimate grounds of processing as described in Article 21 of the GDPR or any other applicable laws in your country/region of residence; in particular, if the data is necessary for the establishment, exercise, or defense of legal claims. You also have the right to lodge a complaint with a supervisory authority.

(5) Right to Restrict Processing

You have the right to restrict the processing of your personal data under the conditions set out in Article 18 of the GDPR or any other applicable laws in your country/region of residence.

(6) Right to Personal Data Portability

You have the right to receive your personal data in a structured, commonly used, and machine-readable format and have the right to transmit that data to another controller under the conditions set out in Article 20 of the GDPR or any other applicable laws in your country/region of residence. miHoYo makes your personal data available through the privacy dashboard as described above.

(7) Right to Opt-Out of the Sale of Personal Information (if applicable)

You have the right to opt-out of the sale of your personal data (if any) and require us to make a statement regarding whether or not we sell your personal data and provide an opt-out mechanism or link to it except as otherwise stipulated in the CCPA.

(8) Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights

You have the right not to receive discriminatory treatment by us for the privacy rights conferred by the CCPA, namely that we shall not offer financial incentive or a price or service difference due to your exercise of any of your rights under the CCPA unless such difference is reasonably related to the value of your personal data. Notwithstanding the foregoing, we have the right to deny your request to know, request to delete, or request to opt-out for reasons permitted by the CCPA or those regulations thereof, and such denial shall not be considered discriminatory.

(9) Right to Authorize an Agent to Make a Request on Your Behalf

You have the right to authorize an agent on your behalf to make a request to know, delete, or opt-out under the CCPA. When you use an authorized agent to submit any request provided above, we may require you to provide signed permission to authorize your agent to do so for the purpose of verifying your own identity, and the official permission by your agent to submit this request. In the case of failure to provide any of the requested materials, to protect the user’s information and data security, we are entitled to denying such request.

Notwithstanding the foregoing, if the applicable laws in your country/region of residence provide otherwise, such laws shall govern.

8. Securing Your Data

Pertaining to your use of our services, we have endeavored to take reasonable measures to prevent unauthorized access to or improper use of your personal data, such as organizational controls, technical protection, and other protection measures.

Unfortunately, the transmission of information via the internet is not completely secure. While we strive to protect your personal data, we also remind you to be aware of hacking, cyberattacks, and other risks on the Internet. Therefore, we strongly urge you to take every possible precaution to protect your personal data when using our services, including but not limited to changing your passwords from time to time, not reflecting your real name or other personal data in registration, using a combination of letters and numbers when creating passwords, using a secure browser, and/or taking other possible security measures. Please note that for security reasons, we store passwords in encrypted form.

Please be aware that advertisers or websites with links to and/or from our websites may collect personal data about you and this Privacy Policy does not apply to, and cannot control the activities of, those other advertisers or websites. We highly recommend that you read the privacy policy of such third party websites which you may be directed to before providing any personal data.

9. Age Limits and Children Protection

You represent that you are an adult in your country/region of residence (or at another age in your jurisdiction where you are classified as a majority) when using miHoYo Services. If you are a minor or under the legal age of majority (“Minor” or “Children”), please do not send any personal data about yourself to us, including your name, address, telephone number, or email address.

Notwithstanding the foregoing, we recognize that we have a special obligation to protect children in regards to the collection and processing of personal data, and we do not and will not knowingly collect personal data from children without consent from their parents or guardians. We strongly urge parents and guardians to instruct their children never to disclose any of their personal data when using our services without the prior permission of their parents or guardians. If we learn that we have collected a child’s personal data, we will delete such data as quickly as possible. Also, if you believe that we might have any data from or about a child, please contact us at our DPO’s email.

10. Contact and Complaints

For the purpose of establishing the personal data protection in a better and more efficient way, we, as the Data Controller, designate a DPO who is responsible for the oversight and implementation of the personal data protection strategy and ensures our processing of personal data in compliance with necessary legal requirements stipulated in the applicable laws. If you have any questions about this Privacy Policy or have any requests for resolving issues with your personal data while using our services, please contact us as soon as possible by emailing our DPO at privacy@hoyoverse.com.

miHoYo Limited

Last Updated: December 8, 2022