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Last modified: 16 March 2023
IMPORTANT: READ CAREFULLY
This agreement is the end-user licensing agreement, including any supplemental terms (hereinafter referred to as the “Agreement”) between you (an individual, company or any other legal entity) and HitP Studio B.V., for the use of the Software. Before accessing or using the software, you must accept this Agreement and other relevant policies. You must have reached the age of majority for the legal jurisdiction that you reside in to access this agreement and accept it. If you have not reached the age of majority for the legal jurisdiction you reside in, your guardian must accept this Agreement.
PRIVACY
We believe it is important to be transparent about how we process your personal data. For more information we refer to our privacy policy which can be found below.
BY INSTALLING, UPDATING, USING OR OTHERWISE ACCESSING THE SERVICES, YOU ACCEPT THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, PLEASE DO NOT INSTALL, UPDATE, USE OR OTHERWISE ACCESS THE SERVICES. USE OF THE SERVICES IS VOID WHERE PROHIBITED.
1. Definitions
1.1. “Affiliates” shall mean any entity, individual, firm, or corporation, directly or indirectly, through one or more intermediaries, controlling, controlled by, or under common control with Employer.
1.2. “Derivative Works” shall mean any value addition, enhancement, modification, condensation, transformation, expansion, or any change in any form to the software in a bid to recast, adapt or transfer the said software, which, if used without the consent of the licensor, would constitute an intellectual property right violation.
1.3. “Licensor” shall mean us, HitP Studio B.V.
1.4. “Partners” shall mean distributors and/or resellers authorized by the licensor or its distributors to resell the software, or a co-branded version of the software authorized by licensor, including without limitation channel partners.
1.5. “Software” shall mean the game titled Schildmaid MX.
2. License to u the Software
2.1. Subject to the terms of this Agreement, Licensor grants to you a non-exclusive, non-transferable, revocable license to use the Software as permitted by this Agreement solely for your personal and non-commercial use. The software cannot be used for any other purpose.
2.2. This license confers no title or ownership in the software and should not be construed as a sale of any rights to the Software.
3. Streaming of the Software
3.1. In addition to the license granted in article 2.1, Licensor hereby grants you a personal, revocable, non-exclusive, non-transferable license to publicly display the Software on online video streaming websites, including without limitation www.youtube,com and www.twitch.tv.
3.2. Licensor shall have the right to terminate the license as referred to in article 3.1 of this Agreement at any time.
4. License Restrictions
4.1. The licenses granted to you under this Agreement are subject to your compliance with all terms and conditions of this Agreement and any other relevant policies. Licensor has the right to suspend and/or terminate your license to the Software in case:
A. You do not comply with these terms and conditions.
B. You violate any law, rule and/or regulation.
4.2. You may not sell, rent, lease, lend, sublicense, publish or distribute the entirety or part of the Software to any third party without prior written permission from us or unless otherwise expressly permitted by the applicable law..
4.3. Except as otherwise expressly permitted, you shall not, nor allow any other person to copy, reverse engineer, decode, disassemble, decompile, modify, adapt, translate or create derivative work of the Software.
4.4. You may not delete, remove, hide, move, or alter any trademark, logo, icon, image or text that represents the Licensor’s name or any derivation of these. All representation of the Licensor’s name, logo or other mark of Licensor or any of its Affiliates names or marks must remain as originally distributed regardless of the presence or absence of a trademark, copyright, or other intellectual property symbol or notice.
4.5. In case of termination and/or suspension of your license(s), you must immediately refrain from using and/or publicly displaying the Software.
5. Rules of Conduct
You will comply with the following obligations when using the Software:
A. You may not use the Software and/or our intellectual property to develop software or products or design, develop, manufacture, sell or license third-party devices/accessories associated with the Software without our prior consent.
B. You will not share information and/or content that contain tools and/or solutions with which the Software can be examined and/or used in an improper way;
C. You will not impersonate another person or falsely imply that you are affiliated with Licensor;
D. You will not interfere with or disrupt any server and/or network used to support or provide the Software and/or any service provided by Licensor (including any hacking or cracking into the Software);
E. You will not interfere with and/or disrupt another player’s use of the Software or any service provided by Licensor.
6. Copyright and Intellectual Property Rights
All ownership rights and intellectual property rights in and to the software, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, videos, audio-visual effects, domain names and any other elements which are part of the software and any all copies thereof are owned by Licensor. The Software is protected by national and international laws, copyright treaties and conventions and other laws. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited without the prior written permission of Licensor and, if applicable, its Affiliates and/or Partners. Except as expressly set forth in this Agreement, all rights not granted hereunder to you are expressly reserved by Licensor, which means that no license, permission or right of access shall be implied.
7. Limited Warranty and Disclaimers
You expressly acknowledge that use of the product is at your own risk. To the fullest extent permissible under applicable law, the product is supplied on an ‘as is’ and ‘as available’ basis.. by Licensor, its Affiliates, Partners, and any other copyright holders do not make and hereby disclaim any guarantees, conditions, warranties of any kind, express or implied or statutory or other terms including but not limited to quality, fitness for a purpose, accuracy, correctness, quiet enjoyment, and non-infringement of third parties, reliability and security.
8. Limitation of Liability
8.1. To the fullest extent permitted of applicable law, licensor shall not be liable for the following losses and/or damages:
A. Special losses and damages;
B. Indirect losses and damages;
C. Incidental losses and damages;
D. Consequential losses and damages;
E. Punitive losses and damages;
F. Exemplary losses and damages..
Notwithstanding the limitation of liability as referred to in article 8.1 of this Agreement, to the fullest extent permitted by applicable law, Licensor’s liability for all damages shall not exceed the actual price paid by you for use of the Software, whether or not Licensor has been advised of the possibility of
9. Miscellaneous
9.1. This Agreement constitutes the entire and exclusive agreement between you and Licensor and supersedes all written or oral prior agreements or understandings between the you and Licensor regarding the Software.
9.2. You cannot assign this Agreement or any right or obligation hereunder without Licensor’s prior written consent.
9.3. Licensor will not be held responsible for any failure, delay or interruption caused by circumstances outside its control, such as network failure, network connection failure, earthquakes, floods, strikes, embargos or acts of government. If such an event giving rise to Force Majeure lasts for more than 60 calendar days, then either party may terminate this Agreement without such termination giving rise to any liability or right to any refund.
9.4.
9.5. If any provision of this Agreement is held illegal or unenforceable by any court of competent jurisdiction, such provision shall be deemed severed from the remaining provisions of this Agreement and shall not affect or impair the validity or enforceability of the remaining provision of this Agreement.
9.6. No waiver of either party to exercise or enforce any of its rights under this Agreement will act as a waiver of those rights.
9.7. Each party will be and act as an independent contractor and not as an agent or partner of, or joint venture with the other party, and neither party will have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party."
9.8. This Agreement is established in the Netherlands and shall be governed by, and construed in accordance with, the laws of the Netherlands.
9.9. Any and all disputes arising from or in connection with this Agreement shall be subjected to the exclusive jurisdiction of the court of Midden-Nederland, the Netherlands.
If you have any questions about these terms and conditions or this Agreement, please contact Licensor at hitpstudio@gmail.com.
PRIVACY POLICY – SCHILDMAID MX
Last Modified – February 2023
1. HitP Studio
Schildmaid MX is a video game developed by HitP Studio. We are a Dutch company that is globally active. We store our data on servers in the European Economic Area, unless stated otherwise below.
We process your personal data when you play Schildmaid MX (including its expansions, updates and DLC insofar applicable). In this privacy policy we summarize when and how we collect, use and secure your personal data, as well as your rights to your data various laws, including but not limited to the EU General Data Protection Regulation (“GDPR”), the U.S. Children’s Online Privacy Protection Act (“COPPA”) and the California Consumer Privacy Act (“CCPA”), and the choices you have associated with that data.
This privacy policy describes:
• The information we may collect, how we may collect such information and the purposes of our collection;
• How we may use and with whom we may share such information;
• How you can access and update your information; and
• How we protect the information we may store about you.
Disclosure to California Residents: In our efforts to comply with applicable regulation, we ask and advise that California residents review the CCPA Disclosure section at the end of this privacy policy. Although we do not sell end user data, we will provide notice if at any time those circumstances change.
2. General
We may change provisions of this privacy policy from time to time. If we do that, we will inform you of the changes. However, we also advise you to check for yourself from time to time whether the privacy policy has been changed.
3. Which personal data do we collect and for which purposes?
There are a number of ways in which we can collect your personal data if you play our game. Below we explain which personal data we may collect from you. The personal data is processed according to your role and to the different processing purposes. The data retention period also differs depending on the processing goal. Note that should there be any legal changes to the possible data retention periods, these legal changes will take precedence over the periods mentioned in this privacy policy.
Provision of the game
A. To be able to provide you the game and the intended experience, we process the personal data mentioned below. Our processing ground is the performance of a contract with you.
Playing offline
If you play our game offline data is stored locally. You may choose to share this information with the platform you use, but this is a processing activity between you and the platform (for example Steam cloud saving). We are not involved in this data processing. For more information on how the platform processes your data, please consult the privacy policy of the relevant platform.
Playing online
If you play our game online, the following personal data is processed for no longer than necessary or until you request to delete your data in order to connect your profile name to your scores and custom titles. This information is provided to us by the platform you use to play our game, except your placing and ranking on the online leaderboards which is collected by our game.
• The account ID of the platform you use to play our game (such as your Steam-ID if you use Steam)
• Your profile name (for example your Steam profile name if you use Steam)
• Placing and ranking on the online leaderboards
• Your custom titles
Contact
B. To be able to provide the ability for you to contact us, we process the personal data mentioned below when you contact us. Our processing ground is our legitimate interest to be able to communicate with you. If you do not wish for us to process the information mentioned below, you cannot contact us.
We use a mail provider to process the following personal data up to 90 days after the contact request has been dealt with. This data is processed by Google. They may process your personal data in the United States, although we did conclude a data processing agreement and standard contractual clauses with them.
• E-mail address
• Any other information provided in the e-mail (such as a name, game related issues or inquiries, your e-mail provider etc.)
4. Sharing personal data
We may use so-called data processors to process your personal data on our behalf. We conclude data processing agreements with these processors, to assure they only process your personal data on our instruction.
We use the following types of processors:
• companies that provide storage of (personal) data and database management and maintenance;
• hosting provider(s).
If you provide additional information to these processors yourself, we are not responsible for this. It is wise to inform yourself properly about the processor and his company before you provide your personal data.
Sharing data with your consent
We may also share personal data with others if you give us permission to do so. For example we can cooperate with other parties to offer you specific services or offers. If you register for these services or marketing offers, we may provide your name or contact details if they are necessary to provide that service or contact you. Before we do this, you will always be expressly asked for your consent.
Sharing based on our legal responsibility
We may also share personal data with third parties if this is:
1. necessary to comply with our legal obligations;
2. necessary to comply with legal requests from authorities;
3. is required to respond to any legal claims;
4. necessary to protect the rights, property or safety of us, our users, our employees or the public;
5. is required to protect ourselves or our users against fraudulent, abusive, inappropriate or unlawful use of our services.
We will immediately notify you if a government agency makes a request that relates to your personal data, unless we are not allowed to do so on the grounds of the law.
Merger or sale (part) of the company
It may happen that we disclose, share or transfer your personal data when we transfer part of our business. Examples include (negotiations about) a merger, sale of parts of the company or obtaining loans. We will of course try to limit the impact for you as far as possible by transferring personal data only when necessary and anonymizing where possible.
5. Protection of personal data
Protecting your personal data is of the utmost importance for us. We have therefore taken appropriate technical and organizational security measures in order to protect your personal data. These measures include, but are not limited to:
• We only engage trusted providers of databases to store data, which have taken adequate physical and electronic measures to minimize the risk of unauthorized access, loss or misuse of personal data.
• We use TLS (Transport Layer Security) technology to encrypt information or personal data.
• We make backups of personal data.
• We are continuously developing and implementing administrative, technical and physical security measures to protect your data from unauthorized access or against loss, misuse or alteration.
• Vulnerabilities in the software are dealt with as quickly as reasonably possible.
We would like to point out that we cannot guarantee absolute security when sending personal data via the internet or storing personal data. We advise you to take this into account before sharing personal data.
6. Links to third party sites
Our game may contain links to other websites and services. These third party websites and services can collect and retain information about you. If you provide your personal data to third parties, then we are not involved. We have no control over these sites or the activities of the third parties. In that case, the privacy policy of the third party applies. We are not responsible for the content of the privacy policy of these parties and the way in which these parties deal with personal data. We encourage you to review their privacy and security practices and policies before you provide personal information to them.
7. Children’s Privacy
We take children’s privacy very seriously, and we do not directly or knowingly collect any personal data from end users deemed to be children under their respective national laws through our game. We strive to comply with the Children’s Online Privacy Protection Act of 1998, the U.S. law that protects the privacy and information of children. We strongly encourage parents and guardians to learn more about this important regulation.
If you are a parent or guardian and you are aware that your child has provided us with personal data, please contact us. If we become aware that we have collected personal data from children without verification of parental consent, we take steps to remove that information from our servers.
If you are under the age of 13 and using our game, please have a parent or guardian nearby to provide any information we may request, including an e-mail address or platform specific username, as applicable.
8. Your rights
We aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your personal data.
You may update, correct, or provide additional information to your personal data by resubmitting your information or contacting us directly. If you are correcting information provided to a third party please correct your information via the methods and direction provided by the applicable third party.
If you wish to be informed what personal data we may hold about you and if you want it to be removed from our systems, please contact us via the contact email listed below.
You have the right:
• To know what personal information we maintain about you;
• To receive a copy of your personal information in a structured, commonly used and machine-readable or commonly used electronic format on request;
• To update and modify personal information is incorrect or incomplete;
• To object to our processing of your personal information when collection is based on a legitimate interest; and
• To delete or restrict how we use your personal information, but this right is determined by applicable law and may impact your access to our game.
Please note that we may ask you to verify your identity before responding to such requests.
GDPR
Under the GDPR, individuals residing in the EU and other territories that have adopted GDPR compliance or comparable regulation have certain rights with regard to their personal data. The rights that we describe below are not absolute rights. We will always consider whether we can reasonably meet your request. If we cannot meet your request, or if it would be at the expense of the privacy of others, we can refuse your request. If we refuse a request, we will let you know and explain our reasons.
Right of access
You have the right to request which personal data we process about you. You can also ask us to provide insight into the processing grounds, relevant categories of personal data, the (categories of) recipients of personal data, the retention period, the source of the data and whether or not we use automated decision making.
You may also request a copy of your personal data that we process. Do you want additional copies? Then we can charge a reasonable fee for this.
Right to rectification
If the personal data processed by us about you is incorrect or incomplete, you can request us to adjust or supplement the personal data.
If we grant your request, we will, to the extent reasonably possible, inform the parties to whom we provide information.
Right to erasure
Do you no longer want us to process certain personal data about you? Then you can request us to delete certain (or all) personal data about you. Whether we will delete data depends on the processing ground. We only delete data that we process on the basis of a legal obligation or for the performance of the agreement if the personal data is no longer necessary. If we process data based on our legitimate interest, we will only delete data if your interest outweighs ours. We will make this assessment. If we process the data on the basis of consent, we will only delete the data if you withdraw your consent. Have we accidentally processed data or does a specific law require that we delete data? Then we will delete the data. If the data is necessary for the settlement of a legal proceeding or a (legal) dispute, we will only delete the personal data after the end of the proceedings or the dispute.
If we grant your request, we will, to the extent reasonably possible, inform the parties to whom we provide information.
Restriction of processing
If you dispute the accuracy of personal data processed by us, if you believe that we have processed your personal data unlawfully, if we no longer need the data or if you have objected to the processing, you can also request us to restrict the processing of that personal data. For example, during the time that we need to assess your dispute or objection, or if it is already clear that there is no longer any legal ground for further processing of those personal data, but you still have an interest in us not deleting the personal data. If we limit the processing of your personal data at your request, we may still use that data for the settlement of legal proceedings or a (legal) dispute.
Right to data portability
At your request, we may transfer the data that we automatically process to execute the agreement or based on your consent, to you or another party designated by you. You can make such a request at reasonable intervals.
Automated individual decision making
We do not take decisions based solely on automated processing.
Right of restriction of processing and withdrawal of permission
If we process data on the grounds of a legitimate interest, you may object to the processing. If we process data on the basis of your consent, you may withdraw that consent. For more information, please refer to the relevant processing purposes above.
Exercising your rights
You can send a request for access, correction, deletion, data transfer of your personal data or request for withdrawal of your consent or objection to the processing of your personal data to hitpstudio@gmail.com.
To prevent abuse, we may ask you to identify yourself adequately in the case of a written request for access, rectification or erasure.
We strive to process your request, complaint or objection within a month. If it is not possible to make a decision within a month, we will inform you of the reasons for the delay and the time when the decision is expected to be made (no longer than 3 months after receipt).
Dutch Data Protection Authority
Do you have a complaint about our processing of your personal data? Please contact us. We are naturally happy to assist you. If we cannot come to a solution, you are also entitled to submit a complaint to the national privacy authority, in this case the Dutch Data Protection Authority. For this you can contact the Dutch Data Protection Authority via https://autoriteitpersoonsgegevens.nl.
9. Contact
If you have questions, concerns or comments about this privacy policy or our data processing, please contact us via e-mail on hitpstudio@gmail.com.
Personal Information does not include:
• Publicly available information from government records.
• De-identified or aggregated consumer information.
• Information excluded from the CCPA's scope, like:
o Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
o Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.
We may obtain the categories of Personal Information listed above from the following categories of sources:
• Directly from our end users. For example, from end users who provide feedback to us, or in the event that you contact us with questions regarding this privacy policy.
• Indirectly from our end users. For example, through information we collect in the event that you contact us with questions regarding this privacy policy.
• Directly and indirectly from activity through the game. For example, from APIs, and other information related to improving our game.
• From third parties that interact with us in connection with the game we perform.
• All such Personal Information is used as otherwise described above in our privacy policy.
Sharing Personal Information
We may disclose your Personal Information to a third party for a business purpose. When we disclose Personal Information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except performing the contract.
In the preceding twelve (12) months, we have disclosed identifiers for a business purpose.
Your Rights and Choices
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past twelve (12) months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
• The categories of Personal Information we collected about you;
• The categories of sources for the Personal Information we collected about you;
• Our business or commercial purpose for collecting that Personal Information;
• The categories of third parties with whom we share that Personal Information; and
• The specific pieces of Personal Information we collected about you (also called a “data portability” request).
We generally do not sell end user data. However, if we do sell your Personal Information for a business purpose, we will also disclose to you:
The Personal Information that each category of recipient purchased; and
Disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.
Deletion Request Rights
You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
• Complete any transaction for which we collected the Personal Information, provide a product or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
• Debug products, including our game, to identify and repair errors that impair existing intended functionality;
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.);
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent;
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
• Comply with a legal obligation; or
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us at hitpstudio@gmail.com.
Requests must include "California Privacy Rights Request" in the first line of the description and include your name, street address, city, state, and ZIP code.
Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a twelve (12) month period. The verifiable consumer request must:
• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative; and
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
Response Timing and Format
We endeavour to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to ninety (90) days), we will inform you of the reason and extension period in writing. Any disclosures we provide will only cover the twelve (12) month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Non-Discrimination
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
• Deny you goods or services;
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
• Provide you a different level or quality of goods or services; or
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
IMPORTANT: READ CAREFULLY
This agreement is the end-user licensing agreement, including any supplemental terms (hereinafter referred to as the “Agreement”) between you (an individual, company or any other legal entity) and HitP Studio B.V., for the use of the Software. Before accessing or using the software, you must accept this Agreement and other relevant policies. You must have reached the age of majority for the legal jurisdiction that you reside in to access this agreement and accept it. If you have not reached the age of majority for the legal jurisdiction you reside in, your guardian must accept this Agreement.
PRIVACY
We believe it is important to be transparent about how we process your personal data. For more information we refer to our privacy policy which can be found below.
BY INSTALLING, UPDATING, USING OR OTHERWISE ACCESSING THE SERVICES, YOU ACCEPT THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, PLEASE DO NOT INSTALL, UPDATE, USE OR OTHERWISE ACCESS THE SERVICES. USE OF THE SERVICES IS VOID WHERE PROHIBITED.
1. Definitions
1.1. “Affiliates” shall mean any entity, individual, firm, or corporation, directly or indirectly, through one or more intermediaries, controlling, controlled by, or under common control with Employer.
1.2. “Derivative Works” shall mean any value addition, enhancement, modification, condensation, transformation, expansion, or any change in any form to the software in a bid to recast, adapt or transfer the said software, which, if used without the consent of the licensor, would constitute an intellectual property right violation.
1.3. “Licensor” shall mean us, HitP Studio B.V.
1.4. “Partners” shall mean distributors and/or resellers authorized by the licensor or its distributors to resell the software, or a co-branded version of the software authorized by licensor, including without limitation channel partners.
1.5. “Software” shall mean the game titled Schildmaid MX.
2. License to u the Software
2.1. Subject to the terms of this Agreement, Licensor grants to you a non-exclusive, non-transferable, revocable license to use the Software as permitted by this Agreement solely for your personal and non-commercial use. The software cannot be used for any other purpose.
2.2. This license confers no title or ownership in the software and should not be construed as a sale of any rights to the Software.
3. Streaming of the Software
3.1. In addition to the license granted in article 2.1, Licensor hereby grants you a personal, revocable, non-exclusive, non-transferable license to publicly display the Software on online video streaming websites, including without limitation www.youtube,com and www.twitch.tv.
3.2. Licensor shall have the right to terminate the license as referred to in article 3.1 of this Agreement at any time.
4. License Restrictions
4.1. The licenses granted to you under this Agreement are subject to your compliance with all terms and conditions of this Agreement and any other relevant policies. Licensor has the right to suspend and/or terminate your license to the Software in case:
A. You do not comply with these terms and conditions.
B. You violate any law, rule and/or regulation.
4.2. You may not sell, rent, lease, lend, sublicense, publish or distribute the entirety or part of the Software to any third party without prior written permission from us or unless otherwise expressly permitted by the applicable law..
4.3. Except as otherwise expressly permitted, you shall not, nor allow any other person to copy, reverse engineer, decode, disassemble, decompile, modify, adapt, translate or create derivative work of the Software.
4.4. You may not delete, remove, hide, move, or alter any trademark, logo, icon, image or text that represents the Licensor’s name or any derivation of these. All representation of the Licensor’s name, logo or other mark of Licensor or any of its Affiliates names or marks must remain as originally distributed regardless of the presence or absence of a trademark, copyright, or other intellectual property symbol or notice.
4.5. In case of termination and/or suspension of your license(s), you must immediately refrain from using and/or publicly displaying the Software.
5. Rules of Conduct
You will comply with the following obligations when using the Software:
A. You may not use the Software and/or our intellectual property to develop software or products or design, develop, manufacture, sell or license third-party devices/accessories associated with the Software without our prior consent.
B. You will not share information and/or content that contain tools and/or solutions with which the Software can be examined and/or used in an improper way;
C. You will not impersonate another person or falsely imply that you are affiliated with Licensor;
D. You will not interfere with or disrupt any server and/or network used to support or provide the Software and/or any service provided by Licensor (including any hacking or cracking into the Software);
E. You will not interfere with and/or disrupt another player’s use of the Software or any service provided by Licensor.
6. Copyright and Intellectual Property Rights
All ownership rights and intellectual property rights in and to the software, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, videos, audio-visual effects, domain names and any other elements which are part of the software and any all copies thereof are owned by Licensor. The Software is protected by national and international laws, copyright treaties and conventions and other laws. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited without the prior written permission of Licensor and, if applicable, its Affiliates and/or Partners. Except as expressly set forth in this Agreement, all rights not granted hereunder to you are expressly reserved by Licensor, which means that no license, permission or right of access shall be implied.
7. Limited Warranty and Disclaimers
You expressly acknowledge that use of the product is at your own risk. To the fullest extent permissible under applicable law, the product is supplied on an ‘as is’ and ‘as available’ basis.. by Licensor, its Affiliates, Partners, and any other copyright holders do not make and hereby disclaim any guarantees, conditions, warranties of any kind, express or implied or statutory or other terms including but not limited to quality, fitness for a purpose, accuracy, correctness, quiet enjoyment, and non-infringement of third parties, reliability and security.
8. Limitation of Liability
8.1. To the fullest extent permitted of applicable law, licensor shall not be liable for the following losses and/or damages:
A. Special losses and damages;
B. Indirect losses and damages;
C. Incidental losses and damages;
D. Consequential losses and damages;
E. Punitive losses and damages;
F. Exemplary losses and damages..
Notwithstanding the limitation of liability as referred to in article 8.1 of this Agreement, to the fullest extent permitted by applicable law, Licensor’s liability for all damages shall not exceed the actual price paid by you for use of the Software, whether or not Licensor has been advised of the possibility of
9. Miscellaneous
9.1. This Agreement constitutes the entire and exclusive agreement between you and Licensor and supersedes all written or oral prior agreements or understandings between the you and Licensor regarding the Software.
9.2. You cannot assign this Agreement or any right or obligation hereunder without Licensor’s prior written consent.
9.3. Licensor will not be held responsible for any failure, delay or interruption caused by circumstances outside its control, such as network failure, network connection failure, earthquakes, floods, strikes, embargos or acts of government. If such an event giving rise to Force Majeure lasts for more than 60 calendar days, then either party may terminate this Agreement without such termination giving rise to any liability or right to any refund.
9.4.
9.5. If any provision of this Agreement is held illegal or unenforceable by any court of competent jurisdiction, such provision shall be deemed severed from the remaining provisions of this Agreement and shall not affect or impair the validity or enforceability of the remaining provision of this Agreement.
9.6. No waiver of either party to exercise or enforce any of its rights under this Agreement will act as a waiver of those rights.
9.7. Each party will be and act as an independent contractor and not as an agent or partner of, or joint venture with the other party, and neither party will have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party."
9.8. This Agreement is established in the Netherlands and shall be governed by, and construed in accordance with, the laws of the Netherlands.
9.9. Any and all disputes arising from or in connection with this Agreement shall be subjected to the exclusive jurisdiction of the court of Midden-Nederland, the Netherlands.
If you have any questions about these terms and conditions or this Agreement, please contact Licensor at hitpstudio@gmail.com.
PRIVACY POLICY – SCHILDMAID MX
Last Modified – February 2023
1. HitP Studio
Schildmaid MX is a video game developed by HitP Studio. We are a Dutch company that is globally active. We store our data on servers in the European Economic Area, unless stated otherwise below.
We process your personal data when you play Schildmaid MX (including its expansions, updates and DLC insofar applicable). In this privacy policy we summarize when and how we collect, use and secure your personal data, as well as your rights to your data various laws, including but not limited to the EU General Data Protection Regulation (“GDPR”), the U.S. Children’s Online Privacy Protection Act (“COPPA”) and the California Consumer Privacy Act (“CCPA”), and the choices you have associated with that data.
This privacy policy describes:
• The information we may collect, how we may collect such information and the purposes of our collection;
• How we may use and with whom we may share such information;
• How you can access and update your information; and
• How we protect the information we may store about you.
Disclosure to California Residents: In our efforts to comply with applicable regulation, we ask and advise that California residents review the CCPA Disclosure section at the end of this privacy policy. Although we do not sell end user data, we will provide notice if at any time those circumstances change.
2. General
We may change provisions of this privacy policy from time to time. If we do that, we will inform you of the changes. However, we also advise you to check for yourself from time to time whether the privacy policy has been changed.
3. Which personal data do we collect and for which purposes?
There are a number of ways in which we can collect your personal data if you play our game. Below we explain which personal data we may collect from you. The personal data is processed according to your role and to the different processing purposes. The data retention period also differs depending on the processing goal. Note that should there be any legal changes to the possible data retention periods, these legal changes will take precedence over the periods mentioned in this privacy policy.
Provision of the game
A. To be able to provide you the game and the intended experience, we process the personal data mentioned below. Our processing ground is the performance of a contract with you.
Playing offline
If you play our game offline data is stored locally. You may choose to share this information with the platform you use, but this is a processing activity between you and the platform (for example Steam cloud saving). We are not involved in this data processing. For more information on how the platform processes your data, please consult the privacy policy of the relevant platform.
Playing online
If you play our game online, the following personal data is processed for no longer than necessary or until you request to delete your data in order to connect your profile name to your scores and custom titles. This information is provided to us by the platform you use to play our game, except your placing and ranking on the online leaderboards which is collected by our game.
• The account ID of the platform you use to play our game (such as your Steam-ID if you use Steam)
• Your profile name (for example your Steam profile name if you use Steam)
• Placing and ranking on the online leaderboards
• Your custom titles
Contact
B. To be able to provide the ability for you to contact us, we process the personal data mentioned below when you contact us. Our processing ground is our legitimate interest to be able to communicate with you. If you do not wish for us to process the information mentioned below, you cannot contact us.
We use a mail provider to process the following personal data up to 90 days after the contact request has been dealt with. This data is processed by Google. They may process your personal data in the United States, although we did conclude a data processing agreement and standard contractual clauses with them.
• E-mail address
• Any other information provided in the e-mail (such as a name, game related issues or inquiries, your e-mail provider etc.)
4. Sharing personal data
We may use so-called data processors to process your personal data on our behalf. We conclude data processing agreements with these processors, to assure they only process your personal data on our instruction.
We use the following types of processors:
• companies that provide storage of (personal) data and database management and maintenance;
• hosting provider(s).
If you provide additional information to these processors yourself, we are not responsible for this. It is wise to inform yourself properly about the processor and his company before you provide your personal data.
Sharing data with your consent
We may also share personal data with others if you give us permission to do so. For example we can cooperate with other parties to offer you specific services or offers. If you register for these services or marketing offers, we may provide your name or contact details if they are necessary to provide that service or contact you. Before we do this, you will always be expressly asked for your consent.
Sharing based on our legal responsibility
We may also share personal data with third parties if this is:
1. necessary to comply with our legal obligations;
2. necessary to comply with legal requests from authorities;
3. is required to respond to any legal claims;
4. necessary to protect the rights, property or safety of us, our users, our employees or the public;
5. is required to protect ourselves or our users against fraudulent, abusive, inappropriate or unlawful use of our services.
We will immediately notify you if a government agency makes a request that relates to your personal data, unless we are not allowed to do so on the grounds of the law.
Merger or sale (part) of the company
It may happen that we disclose, share or transfer your personal data when we transfer part of our business. Examples include (negotiations about) a merger, sale of parts of the company or obtaining loans. We will of course try to limit the impact for you as far as possible by transferring personal data only when necessary and anonymizing where possible.
5. Protection of personal data
Protecting your personal data is of the utmost importance for us. We have therefore taken appropriate technical and organizational security measures in order to protect your personal data. These measures include, but are not limited to:
• We only engage trusted providers of databases to store data, which have taken adequate physical and electronic measures to minimize the risk of unauthorized access, loss or misuse of personal data.
• We use TLS (Transport Layer Security) technology to encrypt information or personal data.
• We make backups of personal data.
• We are continuously developing and implementing administrative, technical and physical security measures to protect your data from unauthorized access or against loss, misuse or alteration.
• Vulnerabilities in the software are dealt with as quickly as reasonably possible.
We would like to point out that we cannot guarantee absolute security when sending personal data via the internet or storing personal data. We advise you to take this into account before sharing personal data.
6. Links to third party sites
Our game may contain links to other websites and services. These third party websites and services can collect and retain information about you. If you provide your personal data to third parties, then we are not involved. We have no control over these sites or the activities of the third parties. In that case, the privacy policy of the third party applies. We are not responsible for the content of the privacy policy of these parties and the way in which these parties deal with personal data. We encourage you to review their privacy and security practices and policies before you provide personal information to them.
7. Children’s Privacy
We take children’s privacy very seriously, and we do not directly or knowingly collect any personal data from end users deemed to be children under their respective national laws through our game. We strive to comply with the Children’s Online Privacy Protection Act of 1998, the U.S. law that protects the privacy and information of children. We strongly encourage parents and guardians to learn more about this important regulation.
If you are a parent or guardian and you are aware that your child has provided us with personal data, please contact us. If we become aware that we have collected personal data from children without verification of parental consent, we take steps to remove that information from our servers.
If you are under the age of 13 and using our game, please have a parent or guardian nearby to provide any information we may request, including an e-mail address or platform specific username, as applicable.
8. Your rights
We aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your personal data.
You may update, correct, or provide additional information to your personal data by resubmitting your information or contacting us directly. If you are correcting information provided to a third party please correct your information via the methods and direction provided by the applicable third party.
If you wish to be informed what personal data we may hold about you and if you want it to be removed from our systems, please contact us via the contact email listed below.
You have the right:
• To know what personal information we maintain about you;
• To receive a copy of your personal information in a structured, commonly used and machine-readable or commonly used electronic format on request;
• To update and modify personal information is incorrect or incomplete;
• To object to our processing of your personal information when collection is based on a legitimate interest; and
• To delete or restrict how we use your personal information, but this right is determined by applicable law and may impact your access to our game.
Please note that we may ask you to verify your identity before responding to such requests.
GDPR
Under the GDPR, individuals residing in the EU and other territories that have adopted GDPR compliance or comparable regulation have certain rights with regard to their personal data. The rights that we describe below are not absolute rights. We will always consider whether we can reasonably meet your request. If we cannot meet your request, or if it would be at the expense of the privacy of others, we can refuse your request. If we refuse a request, we will let you know and explain our reasons.
Right of access
You have the right to request which personal data we process about you. You can also ask us to provide insight into the processing grounds, relevant categories of personal data, the (categories of) recipients of personal data, the retention period, the source of the data and whether or not we use automated decision making.
You may also request a copy of your personal data that we process. Do you want additional copies? Then we can charge a reasonable fee for this.
Right to rectification
If the personal data processed by us about you is incorrect or incomplete, you can request us to adjust or supplement the personal data.
If we grant your request, we will, to the extent reasonably possible, inform the parties to whom we provide information.
Right to erasure
Do you no longer want us to process certain personal data about you? Then you can request us to delete certain (or all) personal data about you. Whether we will delete data depends on the processing ground. We only delete data that we process on the basis of a legal obligation or for the performance of the agreement if the personal data is no longer necessary. If we process data based on our legitimate interest, we will only delete data if your interest outweighs ours. We will make this assessment. If we process the data on the basis of consent, we will only delete the data if you withdraw your consent. Have we accidentally processed data or does a specific law require that we delete data? Then we will delete the data. If the data is necessary for the settlement of a legal proceeding or a (legal) dispute, we will only delete the personal data after the end of the proceedings or the dispute.
If we grant your request, we will, to the extent reasonably possible, inform the parties to whom we provide information.
Restriction of processing
If you dispute the accuracy of personal data processed by us, if you believe that we have processed your personal data unlawfully, if we no longer need the data or if you have objected to the processing, you can also request us to restrict the processing of that personal data. For example, during the time that we need to assess your dispute or objection, or if it is already clear that there is no longer any legal ground for further processing of those personal data, but you still have an interest in us not deleting the personal data. If we limit the processing of your personal data at your request, we may still use that data for the settlement of legal proceedings or a (legal) dispute.
Right to data portability
At your request, we may transfer the data that we automatically process to execute the agreement or based on your consent, to you or another party designated by you. You can make such a request at reasonable intervals.
Automated individual decision making
We do not take decisions based solely on automated processing.
Right of restriction of processing and withdrawal of permission
If we process data on the grounds of a legitimate interest, you may object to the processing. If we process data on the basis of your consent, you may withdraw that consent. For more information, please refer to the relevant processing purposes above.
Exercising your rights
You can send a request for access, correction, deletion, data transfer of your personal data or request for withdrawal of your consent or objection to the processing of your personal data to hitpstudio@gmail.com.
To prevent abuse, we may ask you to identify yourself adequately in the case of a written request for access, rectification or erasure.
We strive to process your request, complaint or objection within a month. If it is not possible to make a decision within a month, we will inform you of the reasons for the delay and the time when the decision is expected to be made (no longer than 3 months after receipt).
Dutch Data Protection Authority
Do you have a complaint about our processing of your personal data? Please contact us. We are naturally happy to assist you. If we cannot come to a solution, you are also entitled to submit a complaint to the national privacy authority, in this case the Dutch Data Protection Authority. For this you can contact the Dutch Data Protection Authority via https://autoriteitpersoonsgegevens.nl.
9. Contact
If you have questions, concerns or comments about this privacy policy or our data processing, please contact us via e-mail on hitpstudio@gmail.com.
Personal Information does not include:
• Publicly available information from government records.
• De-identified or aggregated consumer information.
• Information excluded from the CCPA's scope, like:
o Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
o Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.
We may obtain the categories of Personal Information listed above from the following categories of sources:
• Directly from our end users. For example, from end users who provide feedback to us, or in the event that you contact us with questions regarding this privacy policy.
• Indirectly from our end users. For example, through information we collect in the event that you contact us with questions regarding this privacy policy.
• Directly and indirectly from activity through the game. For example, from APIs, and other information related to improving our game.
• From third parties that interact with us in connection with the game we perform.
• All such Personal Information is used as otherwise described above in our privacy policy.
Sharing Personal Information
We may disclose your Personal Information to a third party for a business purpose. When we disclose Personal Information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except performing the contract.
In the preceding twelve (12) months, we have disclosed identifiers for a business purpose.
Your Rights and Choices
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past twelve (12) months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
• The categories of Personal Information we collected about you;
• The categories of sources for the Personal Information we collected about you;
• Our business or commercial purpose for collecting that Personal Information;
• The categories of third parties with whom we share that Personal Information; and
• The specific pieces of Personal Information we collected about you (also called a “data portability” request).
We generally do not sell end user data. However, if we do sell your Personal Information for a business purpose, we will also disclose to you:
The Personal Information that each category of recipient purchased; and
Disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.
Deletion Request Rights
You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
• Complete any transaction for which we collected the Personal Information, provide a product or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
• Debug products, including our game, to identify and repair errors that impair existing intended functionality;
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.);
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent;
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
• Comply with a legal obligation; or
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us at hitpstudio@gmail.com.
Requests must include "California Privacy Rights Request" in the first line of the description and include your name, street address, city, state, and ZIP code.
Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a twelve (12) month period. The verifiable consumer request must:
• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative; and
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
Response Timing and Format
We endeavour to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to ninety (90) days), we will inform you of the reason and extension period in writing. Any disclosures we provide will only cover the twelve (12) month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Non-Discrimination
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
• Deny you goods or services;
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
• Provide you a different level or quality of goods or services; or
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.