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Terms of Service
Last updated: [2021/01/20 ]
THE TERMS FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US. PLEASE TAKE THE TIME TO READ THEM CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PLAY THE GAME OR ACCESS THE SERVICE.
PLEASE NOTE THAT DIFFERENT TERMS MAY APPLY TO YOU BASED ON WHERE YOU LIVE. MAKE SURE YOU READ THE JURISDICTION-SPECIFIC TERMS FOR YOUR JURISDICTION OF RESIDENCE (AT THE BOTTOM OF THESE TERMS). THESE SPECIFIC TERMS CONCERN IMPORTANT ASPECTS OF OUR AGREEMENT, INCLUDING, WITHOUT LIMITATION, HOW YOU CONSENT TO THESE TERMS, YOUR CONSUMER RIGHTS (INCLUDING YOUR CANCELLATION RIGHT, IF APPLICABLE), OUR RIGHTS TO TERMINATE YOUR ACCOUNT, YOUR RIGHT TO RECEIVE REFUNDS IN CERTAIN CASES, OUR WARRANTIES AND LIABILITY, AND THE LAW APPLICABLE TO THESE TERMS. THERE ARE CURRENTLY JURISDICTION-SPECIFIC TERMS FOR THE EUROPEAN UNION IN GENERAL AS WELL AS GERMANY, THE UK, AUSTRALIA, CANADA, NEW ZEALAND, US AND JAPAN.
ARBITRATION NOTICE FOR USERS: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND NUVERSE AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND NUVERSE WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Your Relationship with Us
Welcome to [Ragnarok X: Next Generation] (the "Game"), which is provided by Nuverse (Hong Kong) Limited or one of its affiliates ("Nuverse", "we" or "us").
You are reading the terms of service (the "Terms"), which govern the relationship and serve as a legally binding agreement between you and us and set forth the terms and conditions by which you may access and use the Game, the mobile application, the software imbedded therein, the features and functions thereof and our related websites, services, applications, products and content (collectively, the "Services"). Any reference to the "Services" includes a reference to any part of the Services. For purposes of these Terms, "you" and "your" means you as the user of the Services. Our Services are provided to you only for private, non-commercial use.
Age and Accepting the Terms
Access to certain Services or features of the Services may be subject to age restrictions and not available to all users of the Services. The Services are only for users 13 years old and over (with additional limits that may be set forth in the Supplemental Terms – Jurisdiction-Specific). By accessing or using our Services, you confirm that you are over 13 and can form a binding contract with Nuverse, that you accept these Terms and that you agree to comply with them. You understand and agree that we will treat your access or use of the Services as acceptance of the Terms from that point onwards.
If you are over 13 but under the legal age to enter into a contract in your jurisdiction, your parents or legal guardian must read and agree to these Terms. If you do not have consent from your parents or legal guardians, you must cease accessing or using the Services. If we learn that someone under the relevant age is using the Services, we will terminate access to the Service for such user.
You should print off or save a local copy of the Terms for your records.
Supplemental Terms for Specific Jurisdictions
If you access or use the Services from within a jurisdiction for which there are separate supplemental terms, you also agree to the supplemental terms applicable to you in the applicable jurisdiction as outlined below. If there is a conflict between the provisions of the Supplemental Terms – Jurisdiction-Specific that are applicable to you, and the rest of these Terms, the relevant jurisdictions’ Supplemental Terms – Jurisdiction-Specific will supersede and control.
Changes to the Terms
We amend these Terms from time to time, to reflect changes to the Services, our users' needs, our business priorities or to reflect changes in law. We will notify all users of any changes to these Terms, such as through a notice in our Game. However, you should also look at the Terms regularly to check for such changes. We will also update the "Last Updated" date at the top of these Terms, which reflect the effective date of such Terms. Your continued access or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services.
Your Account with Us
You may access the Services as a guest, in which case you may have limited access to certain features of the Services. Please note that if you are using a guest or visitor account, you will be unable to transfer/keep your progress or other information and data in the Game or restore any in-app purchases you have made if you need to re-install the Game e.g. if you switch your device.
You may use your account with third parties (e.g., Apple, Facebook, Google, as applicable) ("Third Party Account") to access additional features and functions of the Services. You agree that you are solely responsible (to us and to others) for your access and use of the Services and the activity that occurs under your account.
It is important that you keep your account password confidential and that you do not disclose it to any third party. You acknowledge and agree that we have no obligations related to your Third Party Account, and all matters relating to any Third Party Account of yours shall be resolved exclusively by you and the relevant third party.
We reserve the right to suspend or terminate your access to the Services at any time, without any notice to you, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which would or might cause damage to or impair the Services or infringe or violate any third party rights (including intellectual property rights), or violate any applicable laws or regulations. Termination of your account also entails the termination of the license to use the Service, or any part thereof.
If you access the Services as a guest and delete the Game from your device, or if your guest account is terminated, the information and data (including Virtual Items as defined below) of your guest account will not be retrievable, recoverable or refundable to you but may be stored by us.
Virtual Items/Additional Content
During your use of the Service, you may acquire, by purchasing with real-world currency or otherwise, virtual currency, points, coins, tokens, virtual in-Game items (including without limitation downloadable content), achievements, progressions, or access to additional features, level, characters, maps or other content (collectively, "Virtual Items"). Such Virtual can only be used for your own benefit within the Game, are of no monetary value and cannot be redeemed for cash or in-kind, sold or otherwise transferred. All Virtual Items are licensed to you rather than sold to you. You do not own or otherwise have proprietary rights of such Virtual Items. We will provide you the access to the Virtual Items for a period of at least one (1) month from the date of purchase, after which, we may, in our sole direction at anytime, terminate the Services under the Terms.
All Virtual Items will be deleted or removed from your account when your account is terminated, and will not be retrievable, recoverable or refundable.
Fees and Refund
You may access certain portions of the Game for free, but you may be required to pay a fee to access certain features of the Game. If you purchase any paid Virtual Items, you will make a purchase through the Apple App Store or the Google Play store. You agree to provide accurate and complete payment information to Apple or Google. You further agree to pay all fees and taxes incurred by your account. We reserve the right to change the pricing of any paid Virtual Items from time to time as we may determine in our sole discretion. Any change will not affect Virtual Items you have already purchased at the time the change comes into effect.
The sale is final and we will not provide a refund unless otherwise required by applicable law. You must follow the applicable refund policy of Apple or Google. Your purchase will be subject to the applicable payment policy of Apple or Google. We may, but is not obligated to assist you with your refund application to Apple or Google.
Limited License
As between you and Nuverse, Nuverse owns any and all rights, title and interest in and to the Services and any and all data and content made available in and through the Services, including without limitation all software, computer code, tools, patches, updates, images, text, graphics, illustrations, logos, photographs, images, pictures, audio, sound effect, sound recording, videos, visual effect, music, music composition, user account, characters, character name, character profile, character likeness, artifacts, objects, inventories, weapons, map, location, location name, architecture, landscape design, story, storyline, theme, game play, catch phrase, dialogue, chat log, recording and broadcasts of game, matches, battles, duels, in-game items, in-game activities, Virtual Items, the selection and arrangement thereof and "look and feel" of the Services, and all intellectual property rights related thereto (the "Nuverse Content").
You acknowledge that your use of the Nuverse Content for any purpose not expressly permitted by these Terms is strictly prohibited. Nuverse Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. You cannot create any work of authorship or proprietary right based on the Services (including Nuverse Content). You shall only use the Services as may be expressly provided in the Terms or to the extent permitted by law or (if applicable) relevant open source licenses. We and our licensors reserve all rights not expressly granted in and to their content.
Subject to these Terms, you are hereby granted a non-exclusive, personal, non-transferable, non-sublicensable, revocable limited license to access and use the Services, including to download the Game on a permitted device, and to access the Nuverse Content solely for your personal, non-commercial use through your use of the Services and solely in compliance with these Terms. Nuverse reserves all rights not expressly granted herein in the Services (including Nuverse Content). You acknowledge and agree that Nuverse may terminate this license at any time for convenience subject to applicable law.
Where our Services may contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval or endorsement by us of those linked websites or information you may obtain from them.
Feedback
While we are continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the user community. If you choose to contribute by sending us any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively "Feedback"), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to us, you agree that:
Nuverse has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
Feedback is provided on a non-confidential basis, and we are not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and
You irrevocably grant us perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
Equipment Requirement
To use the Services, you may need certain hardware, software, capabilities and other resources (including a suitable connection to the Internet). You are solely responsible for procuring and maintaining such resources at your own cost.
Beta Version, Updates, Interruption and Termination of the Game
We may make available a beta version of the Game ("Beta Game") prior to an official release of the Game. To the maximum extent permitted by applicable law, the Beta Game is provided for testing on an "as is" and "as available" basis and we make no warranty, expressly or by implication, to you of any kind. You understand and agree that the Beta Game may not operate correctly, the Beta Game may contain defects, and playing the Beta Game is at your own risk. We have no obligations to you with respect to Beta Game, including without limitation any obligation to provide an official version of the Game in the future.
We may reset the Beta Game, including any in-Game setting (e.g., game character, achievements and inventory items) at anytime during the testing period of the Beta Game. You acknowledge that the change or modification of the Beta Game may cause a loss of data, function or utility related to the Beta Game. You agree that we are not liable to you for such loss to the maximum extent permitted by applicable law. All Virtual Items (including downloadable content) you obtained during your use of the Beta Game will be removed from your account when the Beta Game is reset.
From time to time, we have the right (but not obligation) to provide updates (patches, new features, etc.) to the Game for free or for a fee. We may require you to download and install the updates or the updated version of the Game to continue to use the Services. You understand that your access to certain features of the Services might be affected by such updates. You also agree that we may use background patching to automatically update our Game and software with or without notice to you. You also understand that such updates may affect the necessary system specification required to play the Game. In such case, you are responsible for any necessary equipment to continue to access the Services.
You acknowledge that the Service or any part thereof may be interrupted for maintenance or reasons beyond our control, and we cannot guarantee that the Services will not be interrupted. We shall not be liable for any interruption of the Services, delay or failure to perform resulting from any causes whatsoever. Additionally, the Service may be unavailable depending on geographic location.
To the maximum extent permitted by applicable law, we reserve the right to discontinue the Service at any time in our sole discretion, for any reason, or for no reason, with or without notice.
Code of Conduct
Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You may not:
access or use the Services if you are not fully able and legally competent to agree to these Terms;
except as expressly permitted by these Terms or applicable law, make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included therein, including any software, Virtual Items (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof;
distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof;
market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation;
use the Services, without our express written consent, for any commercial, political or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
interfere with or attempt to interfere with the proper working of the Services, disrupt our website (if any) or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services;
incorporate the Services or any portion thereof into any other program or product;
use automated scripts, software, code or systems to collect information from or otherwise interact with the Services;
impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services;
intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
use or attempt to use another’s account, service or system without authorization from Nuverse;
use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services;
use or exploit any cheats, bots, hacks, bugs, errors, or design flaws to obtain unauthorized access to the Service or to gain an unfair advantage in game play;
trade, sell, duplicate Virtual Items in or outside the Game unless otherwise expressly permitted by Nuverse;
host, provide or develop matchmaking services for the Game, unless otherwise expressly authorized by Nuverse;
use the Services to upload, transmit, distribute, store or otherwise make available in any way: files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful; any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other prohibited form of solicitation; any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., National Insurance, social security numbers, passport numbers) or credit card numbers; any material which does or may infringe any copyright, trade mark or other intellectual property or privacy rights of any other person; any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory; any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm; any material that is deliberately designed to provoke or antagonize people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people; any material that contains a threat of any kind, including threats of physical violence; any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality;
any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or
material that restricts or inhibits any other person from using the Services, or which may expose Nuverse, the Services or its users to any harm or liability of any type.
We reserve the right, at any time and without prior notice, to remove or disable your access to the Services, including the Game, Nuverse Content and Virtual Items, at our discretion for any reason or no reason. Some of the reasons for which we may remove or disable your access to the Services may include finding that you have violated these Terms, or that your actions are harmful to the Services or our users.
Indemnity
You agree to, at your sole cost, defend, indemnify, and hold harmless Nuverse, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, suppliers and advisors from and against any and all claims, liabilities, costs, fines, penalties and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of or in any way connected with any of the following: (i) a breach by you or any user of your account of any applicable obligation, representation or warranty under these Terms; (ii) our use, non-use or publication of your Feedback infringes any third party intellectual property rights; (iii) your access to or use of, or activities in connection with, the Services; (iv) your violation of any applicable laws, rules, regulations or contracts; or (v) any misrepresentation made by you (all of the foregoing, "Claims and Losses"). You will cooperate as fully required by us in the defense of any Claims and Losses. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. We reserve the right to assume the exclusive defense and control of any Claims and Losses at our own cost. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of the indemnified party.
EXCLUSION OF WARRANTIES
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CAN NOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER.
THE SERVICES ARE PROVIDED "AS IS" AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO THEM. IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU THAT:
YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR
DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR GAME FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE.
YOUR USE OF THE SERVICE MAY DEPEND ON THE INTERNET, INCLUDING NETWORKS, CABLING, FACILITIES AND EQUIPMENT THAT IS NOT IN OUR CONTROL; ACCORDINGLY (I) WE CAN NOT GUARANTEE ANY MINIMUM LEVEL REGARDING SUCH PERFORMANCE, SPEED, RELIABILITY, AVAILABILITY, USE OR CONSISTENCY, AND (II) DATA, MESSAGES, INFORMATION OR MATERIALS SENT OVER THE INTERNET MAY NOT BE COMPLETELY PRIVATE, AND YOUR ANONYMITY IS NOT GUARANTEED.
LIMITATION OF LIABILITY
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
SUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU FOR: (I) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY); (II) ANY LOSS OF GOODWILL; (III) ANY LOSS OF OPPORTUNITY; (IV) ANY LOSS OF DATA SUFFERED BY YOU; OR (V) ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU. ANY OTHER LOSS WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO NUVERSE WITHIN THE LAST 12 MONTHS.
WE WILL ALSO NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:
ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICE;
ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION;
OR YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
PLEASE NOTE THAT WE ONLY PROVIDE OUR SERVICES FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE OUR SERVICES FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICE, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU’RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Privacy Policy
You also acknowledge that our Privacy Policy will also apply to your use of our Services. Privacy Policy can be found directly on the Services, or where the Game is made available for download, on your mobile device’s applicable app store, and are incorporated herein by reference.
Copyright Claims
If you believe that anything on the Service infringes upon any copyright which you own or control, you may file a notification of such infringement to the contact information set below:
[cs@roxnextgeneration.com]
Other Terms
Applicable Law and Jurisdiction. Subject to the Supplemental Terms – Jurisdiction-Specific, these Terms, their subject matter and their formation, are governed by the laws of Hong Kong. Any dispute arising out of or in connection with these Terms, including any question regarding existence, validity or termination of these Terms, shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre ("HKIAC") in accordance with the Arbitration Rules of the HKIAC for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Hong Kong. The tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English. Notwithstanding the foregoing, we may institute a proceeding for equitable relief in any court of competent jurisdiction.
Class Action Waiver. Subject to the Supplemental Terms –Jurisdiction-Specific, any action brought by you, including without limitation arbitration, will proceed solely on an individual basis without the right for any claim to be adjudicated on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of others.
Entire Agreement. These Terms (including the Supplemental Terms below) constitute the whole legal agreement between you and Nuverse and govern your use of the Services and completely replace any prior agreements between you and Nuverse in relation to the Services.
Links. You may link to our home page or page of the Game or Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Services in any website that is not owned by you. The website in which you are linking must comply in all respects with the content standards set out at "Code of Conduct" above. We reserve the right to withdraw linking permission without notice.
No Waiver. Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.
Security. We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and Game to access our Services. You should use your own virus protection software.
Severability. If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.
Open Source. This game may contain certain open source software. Each item of open source software is subject to its own applicable license terms.
Translations. In the event of any conflict or inconsistency between the Terms in the English and any translation thereof in any other language, the English version shall prevail.
Any Questions? Get in touch at [cs@roxnextgeneration.com].
Supplemental Terms – App Stores
The following supplemental terms shall apply when accessing the Game through specific devices:
Notice regarding Apple.
These Terms between Nuverse and you; Apple is not a party to these Terms.
The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Game on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Services.
Apple is not responsible for the Game or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Game.
In the event of any failure of the Game to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Game, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Game.
Apple is not responsible for addressing any claims by you or a third party relating to the Game or your possession or use of the Game, including without limitation (a) product liability claims; (b) any claim that the Game fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the Game or your possession and use of the Game infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim.
You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Apple and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.
Nuverse expressly authorizes use of the Game by multiple users through the family sharing or any similar functionality provided by Apple.
Notice regarding Google Play. By downloading the Game from Google Play (or its successors) operated by Google, Inc. or one of its affiliates ("Google"), you specifically acknowledge and agree that:
to the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the "Google Play Terms"), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the Game that you download from Google Play, and
you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by Nuverse or you (or any other user) under these Terms or the Google Play Terms.
Supplemental Terms – Jurisdiction-Specific
European Union and also the UK
Age and Accepting the Terms
By clicking on the "Install" button on the product description page of the respective app store (caption may vary depending on the app store) and, if applicable, entering your password or other credentials for the respective app store, you make a binding offer to conclude a contract for the use of the Game, including the granting of rights of use in accordance with these Terms. We accept your offer when the download of the Game starts; further details may be governed by the terms and conditions of the respective app store.
If you are under the legal age to enter into a contract in your jurisdiction, your parents or legal guardian must consent to your acceptance of these Terms. If we learn that someone under the relevant age is using the Services, we will terminate access to the Service for such user.
Privacy Policy
For information on how we use your personal data when you use the Services, please refer to our Privacy Policy. Privacy Policy can be found directly on the Services, or where the Game is made available for download, on your mobile device’s applicable app store.
Cancellation Right
If you are a consumer and resident of the UK or EU, you have a mandatory cancellation right when purchasing digital content (e.g Virtual Items) as follows (but please note you will lose this cancellation right if you provide prior express consent to begin the download of that content during the right of cancellation period, and acknowledge that you will lose your cancellation right):
Cancellation right
You have the right to cancel a contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us (Contact Address: Suite 1113A, 11/F., Ocean Centre, Harbour City, 5 Canton Rd, Tsim Sha Tsui, Kowloon, Hong Kong; Email Address: [cs@roxnextgeneration.com]) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of cancellation
If you cancel a contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
End of cancellation notice.
Model cancellation form
(If you wish to cancel the contract, please complete this form and return it to us)
To
Nuverse (Hong Kong) Limited
Contact Address: Suite 1113A, 11/F., Ocean Centre, Harbour City, 5 Canton Rd, Tsim Sha Tsui, Kowloon, Hong Kong
Email Address: [cs@roxnextgeneration.com]
I/We (*) hereby give notice that I/We (*) cancel my/our (*) contract for the supply of the following digital content (*) ____________\
Ordered on (*)/received on (*),
______________________\
Name of consumer(s),
______________________\
Address of consumer(s),
______________________\
Signature of consumer(s) (only if this form is notified on paper)
______________________\
Date, Location
(*) Delete as appropriate
Germany
The following terms apply in addition to the European Union terms above.
1. Changes of Terms
In deviation from Sec. 4 of the Terms of Service, the following applies:
We may amend the Terms in accordance with this paragraph to the extent that this is done (i) to implement changes in legal requirements or case law, (ii) to implement changes in technical requirements, (iii) to maintain the operation of the Services, (iv) to adapt to changing market conditions, and (v) for the benefit of the user. An adjustment will only be made to the extent that it does not shift the contractual balance between us to your detriment. We will inform you of an adjustment at least six weeks in advance by means of a message within the game or by e-mail. You may object to the adjustment. If you do not object within six weeks after receipt of the notification of the adjustment, you are deemed to have consented to the change. In our notification of the adaptation, we will also inform you separately about the six-week period and the legal consequences of your silence.
2. Refunds
In deviation from Sec. 6 and 7 of the Terms of Service, we will refund any purchased but unused Virtual Items in the event (i) we terminate the agreement for convenience or (ii) you terminate the agreement because of our breach of the agreement. We will also make refunds if required in the context of your statutory withdrawal right or your warranty rights (see Sec. 6 of the jurisdiction-specific terms for Germany below).
3. Termination
In deviation from Sec. 11 and 12 of the Terms of Service, we may terminate the Services (including the Game) for convenience with 14 days’ notice, and the statutory right of extraordinary termination for cause remains unaffected.
4. Reverse Engineering
In deviation from the second Bullet Point of Sec. 12 of the Terms of Service, you may decompile the Services to the extent required to make contractual use of them (including troubleshooting) and/or to the extent required to obtain interface information needed to make the Service interoperable with an independently developed piece of software, and we have not provided you the required information upon your request against payment of our expenses in providing such information. For clarity, in the event of any such permitted decompilation, the statutory restrictions of Sec 69e of the German Copyright Act apply.
5. Indemnity
In deviation from Sec. 13 of the Terms of Service, your obligation to indemnify applies only in the event of your culpable (negligent or intentional) breach of the Terms of Service.
6. Warranty
In deviation from Sec. 14 of the Terms of Service, the following applies:
To the extent we provide any Service free of charge, we do not assume any warranty except where we have maliciously concealed a defect.
To the extent we provide a Service against a charge, our statutory warranty obligations remain unaffected, except that we are liable for damages only pursuant to Sec. 7 of the jurisdiction-specific terms for Germany.
7. Limitation of Liability
In deviation from Sec. 15 of the Terms of Service, the following applies:
To the extent we provide any Service free of charge, we are liable pursuant to applicable law only for intent and gross negligence.
To the extent we provide any Service against a charge, our liability is limited as follows
a) Our statutory liability is unlimited for intent, gross negligence, injury to life, body or health, violation of a guarantee (which must be expressly designated as such), and under the German Product Liability Act.
b) Except for the cases described in subsection a), we are only be liable for slight negligence in case of breach of an essential obligation. Essential obligations are those obligations that must be performed in order to achieve the purpose of the contract and on the performance of which you may therefore generally rely.
c) In the cases set forth in subsection b), we are only be liable for typical and foreseeable damages.
d) Otherwise, we are not be liable for slight negligence.
e) You must back up your data regularly. To the extent that we are liable for a loss of data pursuant to this Sec.7, such liability is limited to the restoration effort which would have been required if you had regularly made backup copies in accordance with the importance of the affected data.
f) The above limitations of liability shall apply accordingly in favor of our affiliates and our and their shareholders, legal representatives, employees, vicarious agents and assistants.
8. Applicable Law and Jurisdiction; Dispute Resolution
Our agreement is governed by German law, excluding the CISG. The court at your place of residence has jurisdiction for any dispute arising out of or in connection with our agreement. You may also bring a lawsuit against us in any other competent court (e.g. at our seat).
The European Commission provides an online dispute resolution platform, which you can reach at http://ec.europa.eu/odr. We are not obliged or willing to participate in a dispute settlement procedure before a consumer arbitration body.
9. Miscellaneous
The languages available to enter into this Agreement are German and English. We do not store a copy of our agreement for you to access, so we recommend you download or print the Terms for future reference.
United Kingdom
The following terms apply in addition to the European Union terms above.
13. Indemnity
Section 13 (indemnity) does not apply to you.
14. Exclusion of warranties.
Section 14 (exclusion of warranties) is modified to state:
NOTHING IN THESE TERMS SHALL AFFECT ANY LEGAL RIGHTS THAT YOU ARE ALWAYS ENTITLED TO AS A CONSUMER.
THE SERVICES ARE PROVIDED "AS IS" AND WE DO NOT MAKE PROMISES WITH RESPECT TO THEM. IN PARTICULAR WE DO NOT PROMISE THAT:
YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR
DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR GAME FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE.
15. Limitation of Liability
Section 15 (limitation if liability) is modified to state:
Nothing in these Terms shall exclude or limit our liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Subject to the paragraph above, you agree that you will not use our Services for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable to you for any loss or damage which may be incurred by you as a result of:
Any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Service;
The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Services;
Your failure to provide us with accurate account information;
Or your failure to keep your password or account details secure and confidential.
If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you [free of charge] or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
These limitations on our liability to you shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.
You are responsible for any mobile charges that may apply to your use of our Service, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Service.
Any dispute you have with any third party arising out of your use of the Services, including, by way of example and not limitation, any carrier, copyright owner or other user, is directly between you and such third party, and you irrevocably release us and our affiliates from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
18. Other Terms. Applicable Law and Jurisdiction
Section 18 (Other Terms. Applicable Law and Jurisdiction) is modified to state:
These Terms, their subject matter and their formation, are governed by English law.
However, if you are a consumer and resident of any European Union country you will benefit from mandatory provisions of, and legal rights available to you under, the laws of that country. Nothing in these Terms affects your rights as a consumer to rely on these local law mandatory provisions and legal rights.
You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a consumer and resident of any European Union country you and we may also bring proceedings in that country.
AUSTRALIA
If you are a resident of Australia, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. In Australia, consumers have statutory rights which cannot be excluded under the Australian Consumer Law. Nothing in these Terms is intended to exclude, restrict or modify any right or remedy you have in statute or otherwise to the extent that right or remedy cannot be excluded, restricted or modified under law.
The first paragraph of Section 7 (Fees and Refund) is modified to state:
You may access certain portions of the Game for free, but you may be required to pay a fee to access certain features of the Game. If you purchase any paid Services, you will make a purchase through the Apple iTunes Store or the Google Play store. You agree to provide accurate and complete payment information to Apple or Google. You further agree to pay all fees and taxes incurred by your account. We reserve the right to change the pricing of any paid Services from time to time as we may determine in our sole discretion. All current prices will be shown prior to purchase, please carefully check the price before making any purchases.
The last paragraph of Section 12 (Code of Conduct) is modified to state:
We reserve the right, at any time, to remove or disable your access to the Services, including the Game, Nuverse Content and Virtual Items with immediate effect, at our discretion, for your breach of law, or any of these Terms. We will notify you of such removal or disabling. Some of the reasons for which we may remove or disable access to your Services may include finding that you have violated these Terms, or that your actions are harmful to the Services or our users.
Section 13 (Indemnity) is modified to state:
You agree to, at your sole cost, defend, indemnify, and hold harmless Nuverse, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, suppliers and advisors from and against any and all claims, liabilities, costs, fines, penalties and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of or in any way connected with any of the following: (i) a breach by you or any user of your account of any applicable obligation, representation or warranty under these Terms; (ii) your violation of any applicable laws, rules, regulations or contracts; or (iii) any misrepresentation made by you (all of the foregoing, "Claims and Losses"). You will cooperate as fully required by us in the defense of any Claims and Losses. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. We reserve the right to assume the exclusive defense and control of any Claims and Losses at our own cost. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of the indemnified party. Your indemnification obligations above do not apply to the extent the Claims and Losses are caused by a breach of the Terms by, or the fraudulent or negligent act or omission of, Nuverse.
CANADA
Section 18 (Other Terms) is modified to state:
Applicable Law and Jurisdiction. These Terms, their subject matter and their formation, are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any dispute arising out of or in connection with these Terms, including any question regarding existence, validity or termination of these Terms, shall be referred to and finally resolved by arbitration administered by the International Centre for Dispute Resolution Canada in accordance with its Canadian Arbitration Rules. The place of the arbitration shall be Toronto, Ontario, Canada. The tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English. Notwithstanding the foregoing, we may institute a proceeding for equitable relief in any court of competent jurisdiction.
The provision in Section 18 (Other Terms) captioned "Class Action Waiver" is deleted in its entirety.
The provision in Section 18 (Other Terms) captioned "Translations" does not apply in the Province of Quebec.
NEW ZEALAND
You must be at least 13 years of age to access or use the Services. If you are over 13 years of age but under 18 years of age, your parents or legal guardian must read and agree to these Terms.
If you are a "consumer" for the purposes of the Fair Trading Act 1986 and Consumer Guarantees Act 1993, nothing in these Terms operates to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability under the Fair Trading Act 1986 or the Consumer Guarantees Act 1993.
For the purposes of Sections 5, 8, 11 and 12, if we wish to suspend or terminate your access, or licence to use, the Services (other than because you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights (including intellectual property rights), or violate any applicable laws or regulations), we will give you one months’ notice prior to such suspension or termination.
For the purposes of Section 7, if we wish to vary the pricing of any paid Services we will give you prior notice before doing so. All current prices will be shown prior to purchase, please carefully check the price before making any purchases.
UNITED STATES
Arbitration and Class Action Waiver.
This section includes an agreement to arbitrate and an agreement that all such claims will be brought in arbitration only in your individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.
Informal Process First. You agree that in the event of any dispute between you and Nuverse, you will first contact Nuverse and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action. This is a condition precedent to proceeding in arbitration.
Arbitration Agreement. After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, "Claim") relating in any way to your use of Nuverse’s services and/or products, including the Services, or relating in any way to the communications between you and Nuverse or any other user of the Services, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and Nuverse. However, this arbitration agreement does not (a) govern any Claim by Nuverse for infringement of its intellectual property or access to the Services that is unauthorized or exceeds authorization granted in these Terms or (b) bar you from making use of applicable small claims court procedures in appropriate cases. If you are an individual you may opt out of this arbitration agreement within thirty (30) days of the first of the date you access or use this Services by following the procedure described below.
You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Nuverse are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision will survive any termination of these Terms.
If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to:
Nuverse (Hong Kong) Limited Suite 1113A, 11/F., Ocean Centre, Harbour City, 5 Canton Rd, Tsim Sha Tsui, Kowloon, Hong Kong
Email Address: [cs@roxnextgeneration.com]
The arbitration will be administered by the American Arbitration Association (AAA) under its rules including, if you are an individual, the AAA's Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Services on behalf of an entity, the AAA's Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879.
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. If you are an individual and have not accessed or used the Services on behalf of an entity, we will reimburse those fees for claims where the amount in dispute is less than $10,000, unless the arbitrator determines the claims are frivolous, and we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence will not apply to the "Class Action Waiver" section below.
If you do not want to arbitrate disputes with Nuverse and you are an individual, you may opt out of this arbitration agreement by sending an email to [cs@roxnextgeneration.com] within thirty (30) days of the first of the date you access or use the Services.
Class Action Waiver. Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding ("Class Action") except that an individual may seek in the arbitration public injunctive relief, and the AAA may include such relief in the award, where applicable. The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.
If this class action waiver is found to be unenforceable, then the entirety of the arbitration agreement, if otherwise effective, will be null and void. If for any reason a claim proceeds in court rather than in arbitration, you and Nuverse each waive any right to a jury trial.
Exports. You agree that you will not export or re-export, directly or indirectly the Services and/or other information or materials provided by Nuverse hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. comprehensively embargoed countries or any country that has been designated by the U.S. Government as a "terrorist supporting" country (currently: Cuba, Crimea, Iran, North Korea, Syria), (b) to any governments of such countries, or (c) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.
JAPAN
The following paragraph is added to Section 2 (Age and Accepting the Terms):
If you are over 13 but under the age of majority prescribed in Civil Code ("Minors") and use the services required to pay a fee within the Services ("Paid Services"), you shall comply with the monthly payment limit separately provided to you by us. Money which you disposed in the Paid Services within such monthly payment limit shall be considered as either of the followings and shall be irrevocable in accordance with Paragraph 3 of Article 5 of Civil Code:
(1) Property which Minors’ parents or the statutory agent permit its disposition by specifying the purpose thereof and disposed in the Paid Services to the extent of such purpose; or
(2) Property which Minors’ parents or the statutory agent permit its disposition without specifying any purpose.
The second paragraph of Section 7 (Fees and Refund) is modified to state:
The in-game currency separately published as Prepaid Payment Instruments in the page titled "Notice in accordance with Payment Services Act" shall be considered as Prepaid Payment Instruments for Own Business defined in paragraph 4 of Article 3 of Payment Services Act and issued by Bytedance KK in the Game as consideration for cash or cash equivalents. You understand and agree that Virtual Items which you may acquire by using in-game currency of the Game shall be considered as being provided to you upon acquisition of the Virtual Items and shall not be considered as Prepaid Payment Instruments. Nuverse and Bytedance KK will not provide a refund or any equivalent thereto of in-game currency, Virtual Items or any other contents of the Services unless otherwise required by applicable law. Your purchase will be subject to the applicable payment policy of Apple or Google.
Section 15 (LIMITATION OF LIABILITY) does not apply to your loss or damage related to or arising from our gross negligence or willful misconduct.
Section 18 (Other Terms. Applicable Law and Jurisdiction) is modified to state:
These Terms, their subject matter and their formation, are governed by the laws of Japan. Any dispute arising out of or in connection with these Terms, including any question regarding existence, validity or termination of these Terms, shall be subject to the exclusive jurisdiction as first instance of the Tokyo District Court.
Privacy Policy
Last Updated: [2021/01/20]
Welcome to [Ragnarok X: Next Generation] (the "Game"). The Game is provided, operated and controlled by Nuverse (Hong Kong) Limited, whose registered address is at Suite 1113A, 11/F., Ocean Centre, Harbour City, 5 Canton Rd, Tsim Sha Tsui, Kowloon, Hong Kong. ("Nuverse", "we" or "us").
You are reading the Privacy Policy, which explains how we collect, use and disclose your personal data when you download the Game from Apple App Store or Google Play, access the Game, and the rights you may have under applicable privacy laws. If you do not agree with this policy, you should not play the Game.
If you have any questions about how we use your personal data, please contact [cs@roxnextgeneration.com].
Below is a summary of key points in our Privacy Policy.
This privacy policy consists of a main body and a jurisdiction-specific section. The jurisdiction-specific section might include additional information required under local data protection laws and/or render certain aspects of the body policy to be inapplicable or amend them accordingly due to local data protection laws.
SUMMARY
1. What data do we collect about you?
We collect and process your data when you create an account and play the Game, including your contact details, location data and other data you provide when you register for an account, create or share content via the Game,or play the Game. We also collect data you share with us from third parties (such as Facebook, Twitter, Instagram, Google, or Apple). if you choose to log in to the Game via your account with such third party networks, and technical and behavioral data about your use of the Game. We may also collect data about you automatically through your use of the Game.
2. How and for what purpose will we use the data about you?
We use your data to provide the Game to you and to improve and administer it. We may also use your data to, among other things, improve and develop the Game and ensure your safety. We may also use your personal data to serve you targeted advertising and promote the Game and other products and services (in each case, if required under applicable law, where we have your consent).
3. Who else will access and collect your personal data and who do we share your data with?
The third party developer of the Game will have access to your data. Your data may also be collected by/shared with other companies in the same group as the Nuverse, payment providers, and advertising service providers. Where required or permitted by law, we will share your data with law enforcement agencies or regulators and with third parties pursuant to a legally binding court order.
4. Your Rights
In certain circumstances, you have rights in relation to your data such as the right to access and the right to correction. Depending on your jurisdiction, you may have additional rights - please see the jurisdiction-specific provision at the end of this Privacy Policy.
5. How long do we keep hold of your data?
We retain your data for as long as it is necessary to provide you with the Game service so that we can fulfill our contractual obligations and rights in relation to the data involved. Where we do not need your data in order to provide the Game to you, we retain it only as long as we have a legitimate business purpose in keeping such data or where we are subject to a legal obligation to retain the data. We will also retain your data if necessary for the establishment, exercise or defense of legal claims.
6. How will we notify you of any changes to this Privacy Policy?
We will generally notify all users of any material changes to this policy through a notice within the Game when you log in. However, you should look at this policy regularly to check for any changes. We will also update the "Last Updated" date at the top of this policy, which reflects the effective date of such policy. By accessing the Game, you acknowledge that you have read this policy and that you understand your rights in relation to your personal data and how we will collect, use and process it.
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1. The types of personal data we use
Unless otherwise stated in this policy, the personal data we collect from you or about you is required so that we can perform our contract with you to provide the Game to you as detailed in our Terms of
Service. The provision of certain data is mandatory for the purposes of your access to the Game, and if you do not provide your age data required by us for account set up purposes, we will not be able to grant you access to the Game. If you do not provide certain types of data, such as your location data, we may not be able to provide certain aspects of the Game service or certain functionalities may be lost. However, you have control over certain kinds of personal data that you can choose to share or to withhold from us, and still be able to access the Game, as detailed in this policy.
We collect and use the following data about you:
Data You Provide to Us, Including Your Profile Data. You give us data when you register an account to play the Game via the application directly or if you choose to register using your social network account details (e.g. Facebook, Facebook, Twitter, Instagram, Google, Apple, Kakao, Line, etc.), including your name, gender, username, age, language, and/or email address, data you disclose in your user profile, your photograph or profile photo as well as photos and videos you choose to upload from your device while using the Game, for which you grant us access to your camera and or your device’s photo album, character name or nickname, age data to verify an account, in a limited manner and data you voluntarily elect to provide in order to customize game play, such as gender. If you choose to find other users through your social network account contacts, we will access and collect them and match that data against existing users of the Game. We link your data with your activity on our Game across all your devices, using your email or other log-in or device data.
We also collect data in correspondence you send to us.
Behavioral and Use Data.
Gameplay
We process data regarding your use of the Game including login history, purchase history, how you engage with the Game, the preferences you set (such as choice of language), the amount of time spent in the Game, your game play and activity, your Game progress, your interactions with other players in the Game, your interactions with other players inside the Game, "share" records, download records and other pieces of data in connection with your various activities within or through the Game or otherwise (including when you capture a screenshot in the Game) that are sent by your browser, device or computer system when you access the Game, which are automatically tracked and recorded by our servers. We also link your subscriber data with your activity on our Game across all your devices using your email, phone number, or similar data that you have provided. When you capture a screenshot, we will give you the option to share the screenshot through either an SMS, email, messaging app or social media platform.
Your participation in tournaments or other online gaming events is conditional upon you granting Nuverse permission to collect, use, store, transmit and publicly display statistical data, such as your scores, rankings and achievements, generated through your participation.
Surveys
We collect data through surveys, challenges and competitions in which you may participate including gender, likeness, age and preferences. We also infer your preferences, including your interests, gender and age for the purpose of serving personalized advertising (with your consent, if required under applicable law). We will also process your personal data in order to tell you about services and opportunities.
Messages
Where local laws allow us to, we collect and process, which includes scanning and analyzing, data you provide in the context of composing, sending, or receiving direct messages to and from other players, either directly on our websites and apps or to third party social media account and whether by words, audio, video or photos and your communications with us e.g.in the context of customer support including audio messages. That data includes the content of the message and data about when the message has been sent, received and/or read, as well as the participants of the communication.
We do this to prevent and block spam, prevent and detect crime, safeguard children (where this is in the substantial public interest) or to protect the interests of our users and other people.
Please also be aware that messages sent to other players will be accessible by those players and that we are not responsible for how those players use or disclose them.
Message Boards and Chat Rooms
We may also collect additional data you share about yourself such as on the Game's message boards, chat rooms and in the Game, including comments, images, photos, links, stickers and emojis. Any actions you perform with other players are considered public and are solely at your discretion, and therefore you should have no expectation of privacy or confidentiality. You may choose to disclose data about yourself in the course of contributing user generated content to the Game or in its chat rooms, blogs, message boards, user "profiles" for public view, or in similar forums on its sites through mobile services and/or through third party sites or services. You should be aware that any personally identifiable data you submit in the course of these public activities can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages.
Feedback
We also collect data and content of messages you provide to us through your feedback such as product reviews you write, or questions and data you provide for customer support. In this case, we may collect and store your contact data that you give them (i.e. your name and email address), your social network or service user ID number. When you contact us, such as for customer support, phone conversations or chat sessions with our representatives may be monitored and recorded.
Data from Third Parties. You may choose to share certain data with us from third parties or through your use of the Game. We have set out further details on the data we receive from third parties below:
Social Networks
If you choose to register to use the Game using your social network account details (e.g. Facebook, Twitter, Instagram, Google or Apple), you will provide us or allow your social network to provide us with your username and public profile (including your name, profile picture, gender, networks, user IDs, list of friends, followers and accounts you follow, date of birth, email address, and any other data you have set to public on your account). We may also access posts in your news feeds, friend data or fan pages and any other data included in your social network or online profile including blacklists, "likes" given and received, even if you are not using the social network. Please note that if you allow Nuverse to have access to this data, then Nuverse will have access to data even if you have chosen not to make that data public.
Advertising Service Providers
We use the data collected from you and your interaction with the Game to infer your likely interests to provide you with more relevant advertising. If you provide your consent for us to do so (where required by applicable law). This data tells us about purchases you have made so that we can predict what else might interest you in the future and assess how effective the advertising on our Game is. We collect this data by the use of Cookies and similar technologies in our Game and from similar data received from third parties who advertise through our Game and whose sites you visit.
Technical Data we collect about you. We automatically collect certain data from you when you use the Game. Such data includes your IP address, time zone settings,browser type, language, data regarding the device or hardware you are using to access the Game such as the model of your device, mobile device's unique identifier (UDID) or serial number, cellular information, WiFi network, identifier for vendor (IDFV), source of user (where you use your account on a third party platform to log in), IMEI number (only for games launched in China), device screen resolution, mobile carrier, software, platform, incident data, network type, device ID, operating system, a list of installed packages and running apps or processes, file names and types, Android ID, Google Advertising ID, and other third-party apps you have on your device, as well as other types of data sent by your browser or device when you access the Game, domain names, landing pages, pages viewed and the order of those pages, amount of time spent on particular pages, referring pages, exit pages and URLs, number of clicks, and the date and time of this activity which are automatically tracked and recorded by our servers. Where you log-in from multiple devices, we will be able to use your profile data to identify your activity across devices.
Location. We use the 'Region' you select in Settings to customize your Game experience. When you play the Game on a mobile device, we will collect data about your location, including your country, zip code, area code and geolocation. In certain jurisdictions, with your permission, we will collect Global Positioning System (GPS) data and mobile device location data based on your SIM card. If you do not wish to share your precise location with us, you can switch off location services via the settings on your mobile device.
Find other users and invite your friends. you can choose whether to find other users of the Game among your contacts in your preferred social networks who have a Game account. The Game supports and often encourages you to interact with other players. If you choose to find other users through your social network contacts, we will collect your public profile data as well as names and profiles of your social contacts. If you play through a social network or register through asocial network, your social network friends will see your name, profile photo and descriptions of your Game activity. Similarly, other players, regardless of whether they are your social network friends or not, will be able to see descriptions of your Game activity and view your Game profile, which may include your name or a "game name" and your profile photo. Other players may also be able to send you Game requests or even friend requests. You can also use this function to invite your contacts to join you in playing the Game. We will use the contact data you have for that person, from Facebook friends (or other similar social network) list and give you the option to send them either an SMS, email or third party message (such as WhatsApp, Facebook (including Facebook Messenger), Instagram, Google, Twitter, Kakao or Line) inviting them to play the Game.
Buy virtual items. If you buy virtual items and advantages via in-app purchases, we collect
your transaction record including how much you spent in the game and items purchased OR your purchase will be made via your Apple iTunes or Google Play account. When you play the Game or access any of our other services on connected third-party applications or platforms (like Facebook, Apple, Google, etc), any purchases you make will be processed by that third-party application and subject to that third-party application’s terms of service and privacy policy. We do not collect any financial or billing data from you in relation to such a transaction but may receive non-financial data related to your purchase, like your name and approximate physical location, the fact that you have an Apple Pay or Google Pay account, and the items purchased. Please review the relevant app store’s terms and notices in respect of the handling of such data. So that we can credit your account with the correct value in virtual items, we keep a record of the virtual assets/items you own, purchases you make, the time at which you make those purchases and the amount spent.
Other. Nuverse may also receive either non-personal or public data from third parties in connection with market and demographic studies and/or data that Nuverse may use to supplement personal data provided directly by you. Nuverse may ask some third-party service providers to supplement the personal data that you provide to Nuverse for its own marketing and demographic studies, so that Nuverse can consistently improve its services and related advertising to better meet its visitors’ needs and preferences. To enrich its understanding of individual customers, Nuverse may tie this data to the data you provide to it.
2. Cookies
We, our vendors and service providers use cookies and other similar technologies (e.g. pixels, web beacons etc.) (collectively, "Cookies") to enhance your experience using the Game. We will obtain your consent to the use of Cookies where required under applicable law.
a) What is a Cookie?
Cookies are used to collect data, including personal data, from you. Cookies are small files which, when placed on your device, enable the Game to provide certain features and functionality. Web beacons are very small images or small pieces of data embedded in images, also known as "pixel tags" or "clear GIFs", that can recognize Cookies, the time and date a page is viewed, a description of the page where the pixel tag is placed, and similar data from your computer or device.
Cookies are stored on your browser by website or apps that you visit. When you return to that website or app (or visit websites or apps that use the same cookies) these platforms recognize the Cookies and your browsing device.
We also use pixels. Pixels are small portions of code which we use in the Game. We use pixels to learn whether you have clicked on certain content and help us to optimize our ad campaigns.This helps us measure and improve our services and personalize your experience.
b) Categories of Cookies
Cookies do many different jobs, like letting you navigate between pages efficiently, remembering your preferences, and generally improving the user experience. Cookies can tell us, for example, whether you have visited the Game before or whether you are a new player. They can also help to ensure that adverts you see online are more relevant to you and your interests.
There are different categories of Cookies, including:
· First-party Cookies: First-party Cookies are small amounts of text which are served by us directly to your device.
· Third-party Cookies: Third-party Cookies, which are served by a third party on our behalf. We use third party Cookies for essential, functionality, analytic and performance, targeting or advertising and social media purposes.
Cookies can remain on your computer or mobile device for different periods of time. Some Cookies are 'session cookies', meaning that they exist only while your browser is open and are deleted automatically once you close your browser. Other Cookies are 'permanent cookies', meaning that they survive after your browser is closed. They can be used by the platform to recognize your computer when you open your browser and browse the Internet again.
c) What types of Cookies do we use and how do we use them?
The types of Cookies and similar technologies used by us and our partners in connection with the Game can be classified into one of five categories, namely 'essential Game Cookies', 'functionality Cookies', 'analytics and performance Cookies', 'targeting and advertising Cookies', and 'social media Cookies'. Cookies do a lot of different tasks to ensure you enjoy your use of the Game, for example, they are used to remember your preferences on sites you visit, to help you navigate between pages more efficiently and to make sure the adverts you see on our Game are relevant to you and your interests. We have set out some further information about each category, and the purposes of the Cookies we and third parties set in the following table.
Cookies that are necessary for essential purposes
These Cookies are essential to provide you with the Game and to use some of its features, such as to enable you to log in. Without these Cookies, we would not be able to provide you with a secure log in account. We use Cookies to uniquely identify you. Each time you log in to the Game, a Cookie containing a unique identifier that is tied to your account is placed on your browser. These Cookies allow us to uniquely identify you when you are logged into the Game and to process your online transactions and requests.
Functionality Cookies
Functionality Cookies record information you have entered or choices you have made. These Cookies also enable you to optimize your use of the Game after logging in so that we can personalize our content for you, greet you by name and remember your preference. These Cookies can also be used to remember settings you have applied, such as insert settings applicable to game e.g. layout and text size. These Cookies mean that when you continue to use or come back to the Game, we can enable you to start the Game from where you left off.
Analytics and Performance Cookies
We use performance/analytics Cookies to analyze how you use the Game, including your level in the Game, which tutorials you view, measure any errors that occur and test different design ideas. The information is used to report and evaluate your activities and patterns as a user of the Game to provide services in accordance with these activities. These Cookies do not collect information that individually identifies you and all information these Cookies collect is aggregated and anonymous. We also use third-party analytics tools to help us measure traffic and usage trends for the Game (with your consent if required under applicable law).
Targeting or Advertising Cookies
Analytics: As you use the Game, you will notice that it features advertising. We allow third party companies, including advertising companies, to place Cookies in the Game to track the performance of our advertisements (with your consent if required under applicable law). As an example, these Cookies remember which users have used the Game. The information provided to third parties does not include personal information but it may be associated with personal information after we receive it.
Marketing: We may also (with your permission, where required under applicable law) contract with third-party advertising networks that collect IP addresses and other information from the Game, from third party websites and apps. Ad networks follow your online activities and collect information through automated means (such as through the use of Cookies, again, with your consent, if required under applicable law). Ad networks use this information, mainly to serve adverts about products and services that are likely to interest you. We may also partner with third parties to provide certain features in the Game or display advertising based on your web browsing activity. We may also use information from one device to help personalize your experience on another device. For advertising purposes, we may collect your Google Ad ID, Android Ad ID or (where applicable) your IDFA (IDFA stake the place of Cookies in mobile advertising delivered to iOS devices).
Social Media Cookies
Third parties whose applications are connected to the Game by you will set their own Cookies in order to customize their applications for you. Because of how Cookies work, we cannot access these Cookies, nor can the third parties access the data in Cookies used by us. If you are logged in to your account with the third party, the third party will be able to link information about you with your actions via Cookies.
3. How and for what purpose we use your personal data
We may use the data we collect about you in the following ways:
In accordance with, and to perform our contract with you, we may use your data to:
allow you to play the Game;
notify you about changes to the Game and send Game-related communications to you including via push notifications;
provide you with user support;
enforce and notify you of changes to our terms of service, conditions and policies;
administer the Game including troubleshooting;
enable you to interact with other users;
enable our messaging service to function if you choose to use this function;
enable you to participate in the virtual items program;
administer loyalty programs and tailor its offerings, web pages or game play experience to you;
administer sweep stake, contests, or similar promotions where you enter into such programs;
communicate relevant information (such as updates and security alerts) and provide support to you; and
verify and confirm payments.
• In order to comply with our legal obligations, we may use your data to
help us detect abuse, fraud and illegal activity in the Game;
• In accordance with our legitimate interests to provide an enjoyable and
safe Game experience, we may use your data to:
ensure your safety and security including reviewing messages and associated metadata for breach of our terms of service and other inappropriate content;
ensure the Game is presented in the most effective manner for you and your device;
improve, promote, update and develop the Game and your experience;
better understand customer behavior and improve our products and services through analytics;
carry out data analysis and test the Game to ensure its stability and security and data about installed packages and running apps or processes in order to ensure the security of the Game network and prevent the spread of viruses and malware;
allow you to participate in social and interactive features with others in the Game;
to enable you to socialize in the Game environment, for example, by allowing other users to identify you via the "Find other friends" function or through their phone contacts, and will allow your contacts to associate your account (and relating gaming entitlements, including games played and other data (with you);
to ensure that you are old enough to play the Game(as required by law);
allow you to participate in social and interactive features of the Game;
provide you with personalized advertising and promotional emails (with your consent, if this is required by law), namely by sending messages regarding new products, features, enhancements, special offers, upgrade opportunities, contests and events of interest; and
to provide you with location-based services (where those services are available in your jurisdiction and you choose to share your precise location with us, and with your consent, if this is required by law).
4. Who else will access your personal data and how we share your data
Third Party Game Developer
We work with third party game developers, and the third party developer of the Game will have access to your technical data and other data.
Social Networks
If you choose to register to use the Game using your social network account details (e.g. Facebook, Twitter, Instagram, Google, Line or Kakao, etc), you will provide us or allow your social network to provide us with your user name and public profile (including your name, profile picture, gender, networks, user IDs, list of friends, date of birth, email address, and any other data you have set to public on your account).
If you access third-party services, such as Facebook, Instagram, Google, Apple, or Twitter, to login to the Game or to share data about your usage of the Game with others, these third-party services may be able to collect data about you, including data about your activity on the Game, and they may notify your connections on the third-party services about your use of the Game, in accordance with their privacy policies.
To manage the data Nuverse receives about you from a third-party application, such as Facebook, you will need to follow the instructions for the third-party application for updating your data and changing your privacy settings. To review and update data associated with the game profile in certain games, visit the "settings" page in that game.You can also manage some aspects of data collection and use by visiting the "settings" page of your mobile device and reviewing the permissions of each application or "app". Once Nuverse receives your data from a third-party application or your mobile device, that data is stored and used by Nuverse in accordance with this Privacy Policy. You may access and update that data as described herein.
Payment Provider
If you choose to buy virtual items, we will share data with the relevant payment provider to facilitate this transaction. We share a transaction ID to enable us to identify you and credit your account with the correct value in virtual items once you have made the payment.
Advertising Service Providers
We may share data with advertisers and third party measurement companies may collect some of your personal data, for example to show how many and which users of the Game have viewed or clicked on an advertisement. We will also share and/or they may collect non-personal and personal data e.g. IDFA, IP address, time zone settings, browser type, language, operating system, network connection type and speed, and data regarding the device or hardware you are using to access the Game such as the model and make of your device, you may refer to the advertisers’ privacy policy for more information.
Please note, after clicking on a third party advertisement, you may no longer be on a site hosted by Nuverse or the social network through which you are playing the Game. If you no longer want to receive tailored in-Game advertisements from third parties, you may adjust your privacy settings.
Our third-party analytics providers use this data to help us serve targeted adverts which may be of interest to you (if you have chosen to receive personalized advertising from us and/or our partners). For more data about how our analytics providers collect data from the Game, please see the above section on Cookies.
Service Providers
We provide data and content to service providers who support our business, including but not limited to cloud service and data storage providers, maintenance service providers, customer service providers, and technical support providers who enhance game operations, improve the Game experience, conduct debugging, analytics and provide general support services. We contractually require these third party service providers to maintain the confidentiality of the data we share with them, and we require them not use your data for anything other than to provide services on our behalf.
Our Corporate Group
We may also share your data with other members, subsidiaries, or affiliates of our corporate group, to provide the Game including improving and optimizing the Game, preventing illegal use, and supporting users.
Law Enforcement
We may share your data with law enforcement agencies, public authorities or other organizations if legally required or permitted to do so, or based on our legitimate business interests if such use is reasonably necessary to:
comply with a legal obligation, process or request Nuverse is not required to question or contest the validity of any legal process, search warrant, subpoena or other similar governmental request that it may receive);
enforce our Terms of Service and other agreements, policies, and standards, including investigation of any potential violation thereof;
detect, prevent or otherwise address security, fraud or technical issues; or
protect and defend the rights, property or safety of us, our users, a third party or the public as required or permitted by law (including exchanging data with other companies and organizations for the purposes of fraud protection and credit risk reduction).
Social Features of the Game
If you choose to engage in the social features of the Game (e.g. sending messages to others), you should be aware that any data you share may be read, collected, or used by other users. You should use caution in disclosing personal data while engaging. We are not responsible for the data you choose to share with other players.
Sale or Merger
We will also disclose your data to third parties:
in the event that we sell or buy any business or assets (whether a result of liquidation, bankruptcy or otherwise), in which case we will disclose your data to the prospective seller or buyer of such business or assets; or
if we sell, buy, merge, are acquired by, or partner with other companies or businesses, or sell some or all of our assets. In such transactions, user data may be among the transferred assets.
5. International data transfers
The personal data that we collect from you may be transferred to, and stored at, or otherwise processed in a destination outside of your jurisdiction of residence. Please see the jurisdiction-specific terms at the end of this privacy policy for further information relevant to your jurisdiction.
6. Your Rights
You may have the following rights under applicable laws:
The right to request free of charge (i) confirmation of whether we process your personal data and (ii) access to a copy of the personal data retained;
The right to request proper rectification or removal of your personal data or restriction of the processing of your personal data; and
The right to object to processing your personal data for the purposes of sending you promotional messages.
Before we can respond to a request to exercise one or more of the rights listed above, you may be required to verify your identity or your account details.
Depending on your jurisdiction, you may have additional rights. Please see the jurisdiction-specific provisions at the end of this Privacy Policy.
Please send an e-mail to [cs@roxnextgeneration.com] if you would like to exercise any of your rights. We will respond to your request consistent with applicable law and subject to proper verification.
In addition:
You may be able to refuse or disable Cookies by adjusting your browser settings. Because each browser is different, please consult the instructions provided by your browser. Please note that you may need to take additional steps to refuse or disable certain types of Cookies. For example, due to differences in how browsers and mobile apps function, you may need to take different steps to opt out of Cookies used for targeted advertising in a browser and to opt out of targeted advertising for a mobile application, which you may control through your device settings or mobile app permissions. In addition, your opt-out selection is specific to the particular browser or device that you are using when you opt out, so you may need to opt-out separately for each browser or device. If you choose to refuse, disable, or delete Cookies, some of the functionality of the Game may no longer be available to you.
You may opt out of receiving advertising and/or marketing communications by following the instructions in such communications or by using options provided in the game settings.
Your mobile device may include a feature that allows you to opt out of some types of targeted advertising ("Limit Ad Tracking" on iOS and "Opt out of Interest-Based Ads" on Android).
You can switch off GPS location data functionality on your mobile device if you do not wish to share GPS data.
Some browsers transmit "do-not-track" signals to websites. Because of differences in how browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. We currently do not take action in response to these signals.
If you have registered for an account, you may access, review, and update certain personal data that you have provided to us by logging into your account and using available features and functionalities.
If you want to remove your contacts stored by us, follow the instructions provided in the game to request that we remove them from our systems. If you need to enter a password to allow us to access your address book, we will not store that password.
7. The security of your personal data
We take steps to ensure that your data is treated securely and in accordance with this policy. Unfortunately, the transmission of data via the internet is not completely secure. Although we will do our best to protect your personal data, for example, by encryption, we cannot guarantee the security of your data transmitted via the Game; any transmission is at your own risk.
We will, from time to time, include links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Because Nuverse cannot control the activities of third parties, it cannot accept responsibility for any use of your personal data by such third parties, and it cannot guarantee that they will adhere to the same privacy and security practices as Nuverse. Please check these policies before you submit any data to these websites.
8. How long do we keep your personal data
We retain your data for as long as it is necessary to provide you with the service so that we can fulfill our contractual obligations and rights in relation to the data involved. However, there are occasions where we are likely to keep this data for longer in accordance with our legal obligations or where it is necessary for the establishment, exercise or defense of legal claims.
9. Data relating to children
The Game is not directed at children under the age of 13 and we do not knowingly collect or solicit personal data from children under 13. If you believe that we have personal data about or collected from a child under the relevant age, please contact us at [cs@roxnextgeneration.com] and we will ensure that it is deleted.
10. Complaints
In the event that you wish to make a complaint about how we process your personal data, please contact us in the first instance at [cs@roxnextgeneration.com] and we will endeavor to deal with your request as soon as possible. This is without prejudice to your right to launch a claim with the relevant data protection authority.
11. Changes
We will generally notify all users of any material changes to this policy, through a notice provided via the Game and providing any other notice required by applicable law. However, you should look at this policy regularly to check for any changes. We will also update the "Last Updated" date at the top of this policy, which reflects the effective date of such policy. Your continued access to or use of the Game after the date of the updated policy constitutes your acceptance of the updated policy. If you do not agree to the updated policy, you must stop accessing or using the Game.
12. Translations
In the event of any conflict or inconsistency between the terms in the English and any translation thereof in any other language, the English version shall prevail.
13. Contact
Questions, comments and requests regarding this policy should be addressed to [cs@roxnextgeneration.com].
Supplemental Terms - Jurisdiction-Specific
In the event of a conflict between the provisions of the Supplemental Terms - Jurisdiction - Specific that are relevant to your jurisdiction from which you access or use the Services, and the rest of policy, the relevant jurisdictions’ Supplemental Terms - Jurisdiction - Specific will supersede and control.
EUROPEAN JURISDICTIONS
Germany
Questions, comments and requests regarding this policy should be addressed to [cs@roxnextgeneration.com].
In the Summary, under How will we notify you of any changes to this Privacy Policy?, the following sentence shall be deleted:
By accessing the Game, you acknowledge that you have read this policy and that you understand your rights in relation to your personal data and how we will collect, use and process it.
Section 11 (Changes) is modified to delete the sentence:
Your continued access to or use of the Game after the date of the updated policy constitutes your acceptance of the updated policy.
EEA, UK and Switzerland
In Section 2 (Cookies), the following shall be added:
We will only make use of Cookies to obtain and share your data if you provide your express consent. You may withdraw your consent at any time and such withdrawal shall not affect the lawfulness of the processing based on consent before its withdrawal.
In Section 3 (How we use your data), the following shall be added:
• With your consent, we will use your data (including ad identifiers, age, region, gender, language, data related to your use of the Game and interactions with others, messages including content of the message and data about when the message has been sent, received and/or read, as well as the participants of the communication, username and public profile) to:
￮ conduct surveys as outlined in the body section of this privacy policy including telling you about services and opportunities;
￮ collect and process, which includes scanning and analyzing, data you provide in the context of composing, sending, or receiving messages through the Game messaging functionality. That data includes the content of the message and data about when the message has been sent, received and/or read, as well as the participants of the communication;
￮ monitor and record customer support communication, phone conversations or chat sessions with our representatives;
￮ access posts to your social media walls, posts in your news feed and access your social network data at any time, including any of your favorite websites, friend data or fan pages and any other data included in your application, social network or online profile, even if you are not using the social network or you chose not to make that data public;
￮ provide you with personalized advertising. Please see the section entitled "Advertising Service Providers" for more information. You can manage 'Personalized Ads' via your Game settings;
￮ collect and process certain technical data, namely list of installed packages and running apps or processes and third-party apps you have on your device;
￮ collect data about your location. In certain jurisdictions, with your permission, we will collect Global Positioning System (GPS) data and mobile device location data based on your SIM card;
￮ find other users and invite your friends in your preferred social networks as outlined in the body section of this privacy policy and to show descriptions of your game activity and game profile to other players on the social network, regardless of whether they are your social network friends or not;
￮ supplement personal data provided directly by you with either non-personal or public data from third parties in connection with market and demographic studies and/or data that Nuversemay use, or to ask third-party service providers to supplement the personal data that you provide to Nuverse for its own marketing and demographic studies, and to tie individual customer data to data you provide to Nuverse.
￮ to send you direct marketing via email or SMS; and
￮ use cookies as outlined under section 2.
You may withdraw your consent at any time and such withdrawal shall not affect the lawfulness of the processing based on consent before its withdrawal.
The following shall be added to section 5 - International data transfers:
The personal data that we collect from you will be transferred to, and stored at, a destination outside of the European Economic Area ("EEA").
Where we transfer your personal data to countries outside the EEA, we do so under the Commission’s model contracts for the transfer of personal data to third countries
(i.e. standard contractual clauses) pursuant to 2004/915/EC or 2010/87/EU (as appropriate). For a copy of these Standard Contractual Clauses, please contact us at [cs@roxnextgeneration.com].
The following shall amend section 6 - Your Rights:
• Right to request access to your personal data: You have the right to obtain from us confirmation as to whether or not personal data concerning you is processed, and, where that is the case, to request access to the personal data. The access information includes - inter alia - the purposes of the processing, the categories of personal data concerned, and the recipients or categories of recipient to whom the personal data have been or will be disclosed. However, this is not an absolute right and the interests of other individuals may restrict your right of access.
You have the right to obtain a copy of the personal data undergoing processing free of charge. For further copies requested by you, we may charge a reasonable fee based on administrative costs.
• Right to request rectification: You have the right to obtain from us the rectification of inaccurate personal data concerning you. Depending on the purposes of the processing, you may have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
• Right to request erasure (right to be forgotten): You have the right to obtain from us the erasure of personal data concerning you and we may be obliged to erase such personal data.
• Right to request restriction of processing: You have the right to obtain from us that we restrict the processing of your personal data. In this case, the respective data will be marked and may only be processed by us for certain purposes.
• Right to data portability: Where processing of your personal data is either based on your consent or necessary for the performance of a contract with you and processing is carried out by automated means, you have the right to receive the personal data concerning you in a structured, commonly used and machine-readable format or to have your personal data transmitted directly to another company, where technically feasible;
• Right to withdraw consent: Where the processing of your personal data is based on your consent, you have the right to withdraw your consent at any time without impact to data processing activities that have taken place before such withdrawal;
• Automatic decision making: You have the right not to be subject to any automatic individual decisions, including profiling, which produces legal effects on you or similarly significantly affects you unless we have your consent, this is authorized by EU or EU Member State law or this is necessary for the performance of a contract;
• Right to Object: You have the right to object to processing if we are processing your personal data on the basis of our legitimate interest unless we can demonstrate compelling legitimate grounds which may override your right. If you object to such processing, we ask you to state the grounds of your objection in order for us to examine the processing of your personal data and to balance our legitimate interest in processing and your objection to this processing; and
• Right to complaint: You have the right to lodge complaints before the competent data protection authority.
These rights might be limited under applicable national data protection law.
Please send an e-mail to [cs@roxnextgeneration.com] if you would like to exercise any of your rights. We will respond to your request consistent with applicable law and subject to proper verification.
Section 8 (How long we keep your personal data) is modified to add:
Where we do not need your data in order to provide the service to you, we retain it only for so long as we have a legitimate business purpose or other valid legal basis for keeping such data.
Section 9 (Information relating to children) shall be replaced with the following:
The Game is not directed at children under the age of 16 and we do not knowingly collect or solicit personal data from children under 16. If you believe that we have personal data about or collected from a child under the relevant age, please contact us at [cs@roxnextgeneration.com] and we will ensure that it is deleted.
ASIA-PACIFIC JURISDICTIONS
Australia
The following definition shall apply to the Privacy Policy:
*"**Personal data" means "personal information" as defined in the *Privacy Act 1988 (Cth), i.e., information or an opinion, whether true or not, and whether recorded in a material form or not, about an identified individual, or an individual who is reasonably identifiable.
The following shall be added to Section 5 - International data transfers:
The personal data that we collect from you will be transferred to, and stored at, a destination outside of Australia, in particular in Singapore and the United States of America.
The following shall replace Section 12 - Contact:
If you have any questions about the Privacy Policy, or would like to complain about a breach of the Australian Privacy Principles, or are concerned about the handling of your personal data, please contact the privacy officer at [cs@roxnextgeneration.com]. You have the right to access your personal data and seek correction of it. Please contact the privacy officer on the details provided in this Privacy Policy if you wish to access your personal data and/or seek correction of your personal data. If you are not satisfied with the response or do not receive a response within a reasonable time frame, you may have the right to take your complaint to the Office of the Australian Information Commissioner (OAIC). Current contact details for the OAIC are available on the OAIC’s website at www.oaic.gov.au.
New Zealand
The following sentence should be added to the end of Section 5 (International Data Transfers):
Where we send your personal data to a jurisdiction outside of New Zealand, we will ensure that your personal data will be protected by security safeguards comparable to New Zealand law while in that foreign jurisdiction. If your personal information will not be protected by security safeguards comparable to New Zealand law while in that foreign jurisdiction, we will inform you that this is the case, and only transfer your personal information with your consent.
Hong Kong
Section 3 (How we use your personal data) is modified to add:
We intend to use your personal data (name and email address) for promotional marketing purposes, namely to send you messages concerning new products, features, enhancements, special offers, upgrade opportunities, contests and events of interest in relation to the Game. We require your express consent (for use) and written consent (for transfer) before we do so.
We will not transfer your personal data to other parties for gain.
Japan
The following shall be added to Section 5 - International data transfers:
The personal data that we collect from you will be transferred to, and stored at, a destination outside of Japan, in particular in Singapore and the United States of America.
Macau
In Section 1 (The types of personal data we use), the first sentence of the second paragraph is modified to read: "You expressly consent that we will collect and use the following data about you:".
In Section 3 (How and for what purpose we use your personal data), the first sentence is modified to read: "You expressly consent that we may use the data we collect about you in the following ways:".
In Section 4 (How we share your personal data), the first sentence is modified to read: "You expressly consent that we will share your data with the following selected third parties:".
Section 5 (International data transfers) shall be modified as follows:
You expressly consent that the personal data that we collect from you may be transferred to, and stored at, or otherwise processed in a destination outside of your jurisdiction of residence. These jurisdictions include Singapore and the United States of America. The list of jurisdictions may be supplemented from time to time in accordance with Section 11 of this Policy.
In Section 6 (Your rights), the following sentence: "The right to object to processing your personal data for the purposes of sending you promotional messages" shall be deleted and replaced with the following:
• "The right to object prior to and during our usage of your personal data for direct marketing purposes."
South Korea
Section 3 (How we use your personal data) is modified as follows:
We intend to use your personal data (name and email address) to send you promotional messages concerning new products, features, enhancements, special offers, upgrade opportunities, contests and events of interest in relation to the Game. We require your express consent before we do so.
Section 4 (How we share your personal data) shall be modified as follows:
We share your data with the following selected third parties:
Service Providers
We provide data and content to service providers who support our business, such as cloud service and data storage providers, and technical support providers who enhance game operations, improve the Game experience,conduct debugging, and provide general support services. Details of the service providers are as follows:
Service Provider Purpose
Google enable users to log in via Google account and to use Google Play purchase
Apple enable users to log in via Apple ID account and use Apple iTunes purchase
Facebook enable users to log in via Facebook account
Section 8 (How long we keep your personal data) shall be replaced with the following:
In principle, we will promptly destroy your personal data in our possession once we achieve the purpose of collection and use of your personal data.
Procedure and Method for Destruction of Personal Data
In principle, we will promptly destroy your personal data in our possession once we achieve the purpose of collection and use of your personal data.
Your personal data will be destroyed after storage for a certain period pursuant to our internal policy or applicable laws and regulations (please refer to the provisions on retention and use period). Personal data stored in electronic file format will be deleted by using technical means that will not allow data recovery.
Section 9 (Data relating to children) shall be replaced with the following:
The Game is not directed at children under the age of 14 and we do not knowingly collect or solicit personal data from children under 14. If you believe that we have personal data about or collected from a child under the relevant age, please contact us at [cs@roxnextgeneration.com] and we will ensure that it is deleted.
For children under the age of 14, their legal guardians have the right to exercise the rights of their children with respect to data protection.
Taiwan
Section 5 (International data transfers) shall be modified as follows:
"The personal data that we collect from you may be transferred to, and stored at, or otherwise processed in destination outside of your jurisdiction of residence, including Singapore and the United States."
The following wording shall be added to Section 6 - Your rights:
• "The right to request the cessation of the collection, processing or use of your personal data."
Thailand
The first paragraph of section 6 (Your Rights) shall be replaced with the following:
You may have the following rights under applicable laws:
• Right to request access to your personal data: You have the right to request access to and obtain a copy of the personal data we have about you, including to request from us information regarding how we acquired personal data which we obtained without your consent.
• Right to data portability: Where processing of your personal data is either based on your consent or necessary for the performance of a contract with you, in a structured, commonly used machine-readable format and processing is carried out by automated means, you have the right to receive a copy of the personal data concerning you in such format, or to have your personal data transmitted directly to another party;
• Right to object: You have the right to object to processing in certain cases, including when we use your personal data for direct marketing purposes;
• Right to request erasure (right to be forgotten): You have the right to obtain from us the erasure of personal data concerning you and we may be obliged to erase such personal data.
• Right to request restriction of processing: You have the right to restrict the collection, use and disclosure of your personal data. This enables you to ask us to suspend the collection, use and disclosure of your personal data in certain cases;
• Right to request rectification: You have the right to rectify personal data we hold about you which are inaccurate, outdated, incomplete, and misleading.
• Right to withdraw consent: Where the processing of your personal data is based on your consent, you have the right to withdraw your consent at any time without impact to data processing activities that have taken place before such withdrawal;
• Right to complaint: You have the right to lodge complaints before the competent data protection authority."
The following shall be added to Section 5 (International data transfers):
"Some of the recipients we may share your personal data with may be located outside Thailand, where the data protection standards in those destination countries may or may not be equivalent to Thailand. In such case, we take necessary steps to ensure the appropriate safeguards are in place, and oblige the recipients to protect your personal data in accordance with this policy. We will separately obtain your consent for international data transfer, where consent is required under applicable law."
The following shall be added to section 9 (Data relating to children):
"For individuals under 20 years of age, we do not offer targeted and personalized ads to you and you will not receive direct marketing communications about third party products and services. "
Indonesia
In the Summary, under "How will we notify you of any changes to this Privacy Policy?", the following sentences shall be deleted: "However, you should look at this policy regularly to check for any changes. By accessing the Game, you acknowledge that you have read this policy and that you understand your rights in relation to your personal data and how we will collect, use and process it."
The following clause shall be added to Section 1 (The types of personal data we use): "When you provide us with your personal data, we will send a verification link to the email address you provided in our service to ensure the accuracy of personal data."
The first sentence in Section 3 (How and for what purpose we use your personal data) shall be replaced with: "Upon obtaining your expressed consent, we may use the data we collect about you in the following ways: …"
The first sentence in Section 4 (How we share your personal data) shall be replaced with: "We share your data that is disclosed to and given consent by you, with the following selected third parties:…"
Section 5 (International data transfers) shall be replaced with the following:
"The personal data which you provide to us may be stored, processed, transferred between, and accessed in a destination outside of Indonesia which have laws and regulations that may not guarantee the same level of protection of personal data as Indonesia. However, we will take reasonable steps to ensure that your personal data is handled in accordance with this Privacy Policy, regardless of where your personal data is stored or accessed from.
Section 9 (Data relating to children) shall be replaced with the following:
"The Game is directed toward and designed for use by persons aged 21 or older. We do not intend to collect personal data from children under 21 years of age, except on some sites specifically directed to children. If you are reviewing these terms as the parent/legal guardian of a user who is under the age of 21, you hereby declare that such user is above the age of 13 and that you have read and acknowledged Nuverse Privacy Policy and Terms of Use and agree to the use by your child of the game and registration for an account. Further, if you believe that we have personal data about or collected from a child under the relevant age, please contact us at [cs@roxnextgeneration.com] and we will ensure that it is deleted."
The following sentences under Section 11 (Changes) should be deleted: "However, you should look at this policy regularly to check for any changes." "Your continued access to or use of the Game after the date of the updated policy constitutes your acceptance of the updated policy."
The following to be added to the end of the Privacy Policy:
"If you agree for us to use your personal data as elaborated in this Privacy Policy, please confirm by checking the box."
Singapore
The following shall be added to Section 5 (International data transfers):
"We shall ensure that any personal data transferred to a jurisdiction outside of Singapore will be provided a standard of protection to personal data so transferred that is comparable with the protection under the Personal Data Protection Act 2012."
Section 6 (Your Rights) shall be deleted and replaced as follows:
"You may have the following rights under applicable laws:
• The right to request (i) confirmation of whether we process your personal data and (ii) access to a copy of the personal data retained for a reasonable fee;
• The right to request proper rectification of your personal data;
• The right to withdraw consent to processing of your personal data, including the use of your personal data for the purposes of sending you promotional messages. We may continue to process your personal data if we are permitted to do so without your consent under applicable law.
Before we can respond to a request to exercise one or more of the rights listed above, you may be required to verify your identity or your account details.
Please send an e-mail to [cs@roxnextgeneration.com] if you would like to exercise any of your rights. We will respond to your request consistent with applicable law and subject to proper verification."
Malaysia
The following sentence shall be added in the second paragraph of the Privacy Policy before "If you do not agree with this policy, you should not play the Game":
"By accessing the Game or providing us with your personal information, you consent to your personal data being collected, stored, used, processed and disclosed asset out in this policy, including the transfer of your personal data outside of Malaysia."
The following shall be added to Section 5 (International data transfers):
"You hereby expressly consent that the personal data that we collect from you may be transferred to, and stored at, a destination outside of Malaysia. For the places where the personal data is transmitted, retained or processed outside of Malaysia, we will take reasonable measures to protect that personal data."
The first paragraph of Section 6 (Your rights) before "Before we can respond to a request to exercise one or more of the rights listed above, you may be required to verify your identity or your account details" shall be deleted in its entirety and replaced with the following:
"You may have the following rights under applicable laws:
• The right to request free of charge (i) confirmation of whether we process your personal data and (ii) access to a copy of the personal data retained;
• The right to request proper rectification or removal of your personal data or restriction of the processing of your personal data, including personal data relating to other persons who may be identified from that personal data; and
• The right to object to processing your personal data for the purposes of sending you promotional messages."
Section 12 (Contact) shall be deleted in its entirety and replaced with the following:
"Questions, comments and requests regarding this policy should be addressed to [cs@roxnextgeneration.com]."
Philippines
The following is added to the "Summary":
If you are a resident of the Philippines, the applicable privacy laws shall include the Data Privacy Act of 2012 (Republic Act No.10173), its Implementing Rules and Regulations, and issuance of the National Privacy Commission.
The following is added to Section 6 (Your Rights):
Right to complaint: You have the right to lodge complaints before the National Privacy Commission.
The following shall replace Section 12 (Contact):
If you have any questions about the Privacy Policy, or would like to complain about a violation of the Data Privacy Act of 2012, or are concerned about the handling of your personal data, please contact the data protection officer (DPO) at [cs@roxnextgeneration.com]. You have the right to access your personal data and seek correction of it. Please contact the DPO on the details provided in this Privacy Policy if you wish to access your personal data and/or seek correction of your personal data. If you are not satisfied with the response or do not receive a response within a reasonable time frame, you have the file a complaint with the National Privacy Commission (NPC). Current contact details for the NPC are available on the NPC’s website at www.privacy.gov.ph.
Vietnam
Section 3 (How we use your personal data) is modified to add:
"We intend to use your personal data for promotional marketing purposes, including to send you promotional messages concerning new products, features, enhancements, special offers, upgrade opportunities, contests and events of interest in relation to the Game. We require your express consent to do so."
Section 4 (How we share your personal data), the first sentence is modified to read: "You expressly consent that we may share your data with the following selected third parties:"
The Law Enforcement in this Section shall be replaced with:
“We may share your data with law enforcement agencies, governmental, public and regulatory authorities or other organizations (whether in Singapore or another jurisdiction) if legally required or permitted to do so under applicable laws, or pursuant to any court order, or based on our legitimate business interests if such use is reasonably necessary to:
• comply with a legal obligation, process or request by any law enforcement agencies, governmental, public and regulatory authorities (whether in Singapore or another jurisdiction) or any court order, subpoena or search warrant (Nuverse is not required to question or contest the validity of any legal process, search warrant, subpoena or other similar governmental request that it may receive);
• enforce our Terms of Service and other agreements, policies, and standards, including investigation of any potential violation thereof;
• detect, prevent or otherwise address security, fraud or technical issues;
• or protect and defend the rights, property or safety of us, our users, a third party or the public as required or permitted by law (including exchanging data with other companies and organizations for the purposes of fraud protection, anti-money laundering prevention, “know your client” checks and credit risk reduction).”
Section 5 (International data transfers), the first sentence is modified to read: "You expressly consent that the personal data we collect from you may be transferred to, and stored at, or otherwise processed in a destination outside of your jurisdiction or residence."
Section 6 (Your Rights), the following shall be added:
The right to object to the processing of your personal data by third parties.
Section 9 (Data relating to children) shall be replaced with the following:
The Game is not directed at children under the age of 16 and we do not knowingly collect or solicit personal data from children under 16. If you are reviewing these terms as the parent/legal guardian of a user who is under the age of 16, you hereby declare that such user is above the age of 13 and that you have read and acknowledged Nuverse Privacy Policy and Terms of Use and agree to the use by your child of the game and registration for an account. Further, if you believe that we have personal data about or collected from a child under the relevant age, please contact us at [cs@roxnextgeneration.com] and we will ensure that it is deleted.".
THE AMERICAS
Canada
The following shall be added to Section 5 - International data transfers:
The personal data that we collect from you will be transferred to, and stored at, a destination outside of Canada, in particular in Singapore and the United States of America for the purposes stated under this Privacy Policy. We may disclose your personal data to foreign law enforcement and national security authorities in such jurisdictions in accordance with this Privacy Policy.
The following shall replace Section 12:
Contact
If you have any questions, comments and requests regarding this policy, or would like to obtain written information about the organization’s policies and practices with respect to service providers outside of Canada, please contact [cs@roxnextgeneration.com].
The data protection officer for us can be contacted as follows: [cs@roxnextgeneration.com].
USA
Data relating to children
Section 9 (Data relating to children) is modified to add:
Nuverse respects the privacy of parents and children, and is committed to complying with the Children’s Online Privacy Protection Act ("COPPA"). If a parent believes that his or her child under the age of 13 has submitted personal data to Nuverse, he or she can contact us via email: [cs@roxnextgeneration.com].
Supplemental California Disclosures
In this section, we disclose information about our data processing practices as required by the California Consumer Privacy Act of 2018 ("CCPA"). These disclosures are addressed only to residents of the State of California. These disclosures do not reflect our collection, use or disclosure of California residents’ personal information where an exception under the CCPA applies.
For the purpose of these supplemental disclosures, personal data as used in the Privacy Policy, shall have the same meaning as "personal information" under the CCPA.
A. Right to Know about Personal Information Collected, Disclosed or Sold
You have the right to request that we disclose what personal information we collect, use, disclose and sell about you specifically ("right to know"). To submit a request to exercise the right to know, please submit an email request to [cs@roxnextgeneration.com] and include "California Request to Know" in the subject line. Please specify in your request the details you would like to know, including any specific pieces of personal information you would like to access.
We will ask that you provide certain information to verify your identity. The information that we ask you to provide to verify your identity will depend on your prior interactions with us and the sensitivity of the personal information at issue. We will respond to your request in accordance with the CCPA. If we deny your request, we will explain why.
B. Our Personal Information Handling Practices over the Past 12 Months
We have set out below categories of personal information we have collected about California residents in the preceding 12 months. For each category of personal information we have collected, we have included the reference to the enumerated category or categories of personal information in California Civil Code § 1798.140(o)(1) that most closely describe such personal information.
Category of personal information Corresponding reference to category of personal information under CCPA definition of personal information (Cal. Civ. Code § 1798.140(o)(1))
Name (A) Name
Gender (B) Information that relates to a particular individual
User ID (A) Unique personal identifier
Age (B) Information that relates to a particular individual
Language (B) Information that relates to a particular individual
Email address (A) Email address
Telephone number (B) Telephone number
Information you disclose in your user profile, information you voluntarily elect to provide in order to customize gameplay, information you share on message boards and via in-game communications, and information on your social network account you choose to share with us (B) Information that relates to a particular individual
Profile photograph or video (H) Audio, visual, or similar information.
Purchase history (D) Commercial information
Payment information (B) Credit card number, debit card number, or any other financial information
Login history and information about how you engage and interact with the Game and other players (F) Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an internet website, application, or advertisement
Preferences (K) Inferences reflecting the individual’s preferences and characteristics.
IP address (A) Internet protocol address
Location (G) Geolocation data
Information about your device, browser and network, including your mobile carrier, time zone settings, device model, network type, device ID, operating system, installed packages and running apps or processes, file names and types, Android ID, Google Advertising ID, and MAC address (F) Internet or other electronic network activity information
Feedback and survey responses (D) Commercial information, including histories and tendencies
We collect such information from you or your device. If you choose to provide us with information through your social network account, we also collect information about you from the provider of that social network. We may also collect information about your interests, preferences and characteristics from advertising networks and publicly available sources for the purposes of targeting advertising at you. We use your personal information for the purposes set forth in Section 3 of the Privacy Policy above.
In the past 12 months, we disclosed the above categories of personal information to our affiliated and unaffiliated service providers for the purposes listed in our Privacy Policy. If you direct us to share your personal information with other specified third parties, we may disclose information about you with these third parties for the purposes described in your directions. We may also disclose personal information to the recipients described in Section 4 of the Privacy Policy above.
We do not sell, and in the preceding 12 months did not sell, California residents’ personal information. We do not have actual knowledge that we sell the personal information of minors under 16 years of age.
C. Right to Request Deletion of Personal Information
You have a right to request the deletion of personal information that we collect or maintain about you. To submit a request to delete personal information, please submit an email request to [cs@roxnextgeneration.com] and include "California Request to Delete" in the subject line. Please specify in your request the personal information about you that you would like to have deleted, which can be all of your personal information as required by the CCPA.
We will ask that you provide certain information to verify your identity. The information that we ask you to provide to verify your identity will depend on your prior interactions with us and the sensitivity of the personal information at issue. Once confirmed, we will respond to your request in accordance with the CCPA. If we deny your request, we will explain why.
D. Right to Non-Discrimination for the Exercise of CCPA Rights
You may not be discriminated against because you exercise any of your rights under the CCPA in violation of California Civil Code § 1798.125.
E. Right to Information about Direct Marketing Disclosures
Once a calendar year, you may be entitled to obtain information about personal information that we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information, as well as the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year. To request a notice, please submit your request to [cs@roxnextgeneration.com].
F. Authorized Agent
You can designate an authorized agent to make a request under the CCPA on your behalf if:
• The authorized agent is a natural person or a business entity registered with the Secretary of State of California; and
• You sign a written declaration that you authorize the authorized agent to act on your behalf.
If you use an authorized agent to submit a request to exercise your right to know or your right to request deletion, please have the authorized agent take the following steps in addition to the steps described in subsections A, C and D above:
• Mail a certified copy of your written declaration authorizing the authorized agent to act on your behalf to Suite 1113A, 11/F., Ocean Centre, Harbour City, 5 Canton Rd, Tsim Sha Tsui, Kowloon, Hong Kong; and
• Provide any information we request in our response to your email to verify your identity. The information that we ask you to provide to verify your identity will depend on your prior interactions with us and the sensitivity of the personal information at issue.
If you provide an authorized agent with power of attorney pursuant to Probate Code sections 4000 to 4465, it may not be necessary to perform these steps, and we will respond to any request from such authorized agent in accordance with the CCPA.
Uruguay
In the "Summary", the paragraph under How and for what purpose will we use the data about you? should be amended as follows:
"We use your data to provide the Game to you and to improve and administer it. We may also use your data to, among other things, improve and develop the Game and ensure your safety. You agree that we may also use your personal data to serve you targeted advertising and promote the Game and other products and services. You will be able to withdraw your consent at any time."
In Section 1 (The types of personal data we use), the paragraph under Surveys in "ehavioral and Use Data", the following sentence will be added:
"You will be able to exercise the right to block your personal data regarding advertising activities and withdraw your consent."
Under Section 6 (Your rights), the first paragraph is supplemented with the following additional rights:
"You may have the following rights under applicable laws:
· Block right: You have the right to block your data from being processed for publicity or data profiling purposes, if we use your personal information for targeting, marketing,analytics and in general for advertising activities.
· The right to obtain from us the deletion of personal data concerning you and we maybe obliged to delete such personal data in case of harming the legitimate interests of third parties, manifest mistake and breach of a legal obligation;"
Section 9 (Data relating to children) is amended as follows:
"The Game is not directed at children under the age of 18 and we do not knowingly collect or solicit personal data from children under 18. If you are under the age of 18, please have your parent or legal guardian read this with you. If you are reviewing these terms as the parent/legal guardian of a user who is under the age of 18, you hereby declare that such user is above the age of 13 and that you have read and acknowledged Nuverse Privacy Policy and Terms of Use and agree to the use by your child of the game and registration for an account. Further, if you believe that we have personal data about or collected from a child under the relevant age, please contact us at [cs@roxnextgeneration.com] and we will ensure that it is deleted."
Colombia
The introduction shall be amended as follows:
"The following definitions shall be taken into account for Colombia:
a. Data Base: Organized set of personal data that is processed.
b. Personal Data: Any information linked or that can be associated to one or more determined or determinable persons.
c. Data Subject: all the individuals whose personal information is processed.
d. Sensitive Personal Data: Personal data that may affect Data Subjects privacy or give rise to discrimination, such as personal data associated with racial or ethnic origin, political orientation, religious or philosophical beliefs, membership of trade unions, social organizations, human rights or that promote the interests of any political party or that guarantee the rights and guarantees of opposition political parties, as well as data concerning health, sex life, and biometric data.
E. Consent: Prior, express and informed authorization granted by the Data Subject to carry out the processing of personal data.
F. Applicable Law: Law 1581 of 2012, Decree 1377 of 2013, Law 1266 of 2008 and other regulations that modify, add or repeal them.
g. Transfer: The transfer of data takes place when the Data Controller in charge of the processing of personal data, located in Colombia, sends the information or personal data to a recipient, who in turn is also a Data Controller for the processing of personal data and is inside or outside the country.
H. Transmission: Processing of personal data that implies the communication of the same within or outside the territory of the Republic of Colombia when the purpose is to carry out processing by a Data Processor on behalf of the Data Controller.
i. Processing: Any operation or set of operations on personal data, such as collection, storage, use, transmission, transfer or deletion.
J. Children or adolescent: person under the age of 18.
k. Data Access Request: "Consults" or "Requests" as mentioned in the Applicable Law."
The following shall be added to Section 1 (The types of personal data we use):
"Sensitive Personal Data. We may collect your sensitive personal data (as defined), if you choose to register using your social network account details (e.g. Facebook, Twitter, Instagram, Google or Apple) and in the context of composing, sending, or receiving direct messages to and from other players, either directly on our websites and apps or to third party social media account and whether by words, voice, video or photos and your communications with us. Please note that according to Colombian law you may or may not consent to the processing of your sensitive personal data. However if you decide not to consent to the processing of your sensitive personal data Nuverse will not be able to fulfill the purposes described in Section 3 (How and for what purpose we use your personal data)."
The following shall be deleted from Section 1 (The types of personal data we use) under the heading "Message Boards and Chat Rooms":
"Any actions you perform with other players are considered public, and are solely at your discretion and you should have no expectation of privacy or confidentiality."
"You should be aware that any personally identifiable data you submit in the course of these public activities can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages."
The following shall be added to Section 2 (Cookies):
"We will only make use of Cookies to obtain and share your data if you provide your express consent. You may withdraw your consent at any time and such withdrawal shall not affect the lawfulness of the processing based on consent before its withdrawal."
The first paragraph of Section 6 (Your rights) shall be supplemented with the following rights under the Colombian Data Privacy Regime:
• The right to request for proof of the consent given for the processing of your personal data;
• The right to be informed, upon request, of the use that has been made of your personal data;
• The right to revoke your consent and/or request the deletion of the data when the processing does not respect the constitutional and legal principles, rights and guarantees; and
• All other rights established under applicable law."
The following shall be added to Section 6 (Your rights):
"For Data Access Requests, we will have ten (10) business days from the business day following receipt of the Data Access Request to provide an answer. If Nuverse is unable to respond to your Data Access Request within that time period, Nuverse will advise you as Data Subject of the situation and explain the reason for the delay. In any event, we will respond to your Data Access Request within five (5) business days of the expiration of the first initial ten (10) day period.
In the case of complaints, we will answer them within fifteen (15) business days from the date the request or inquiry is received. The complaint shall be formulated by means of a request addressed to the Company, and shall include the identification of the Data Subject, description of the facts that give rise to the complaint, your address and supporting documents as attachments. If the complaint is incomplete, we may request that you supplement information as required within five (5) days of our receipt of the claim. After two (2) months from the date of the request, without your submitting the required information, your complaint will be deemed as withdrawn.
If it is not possible for us to respond to the complaint within the above-mentioned time limit, we will inform you of this situation and explain the reason for the delay. In any case, Nuverse will respond to you within eight (8) business days after the expiration of the initial fifteen (15) business days."
The following shall be added to Section 9 (Data relating to children):
"The Game is not directed at children under the age of 18 and we do not knowingly collect or solicit personal data from children under 18. Nevertheless, in the case of children or adolescents above 14 but under the age of 18, parents or legal guardians must consent to the processing of personal data on their behalf. The processing of personal data of children and adolescents over the age of 14 will be carried out taking into account the rights described in Section 6 (Your rights) and respecting the rights established in the Colombian Constitution. Further, if you believe that we have personal data about or collected from a child under the relevant age, please contact us at [cs@roxnextgeneration.com] and we will ensure that it is deleted."
The following shall be added to Section 10 (Complaints):
"Complaints will be resolved following the same procedure established in Section 6 (Your rights)."
Section 11(Changes) shall be amended as follows:
"We will generally notify all users of any material changes to this policy, through a notice provided via the Game and providing any other notice required by applicable law. However, you should look at this privacy policy regularly to check for any changes. We will also update the "Last Updated" date at the top of this policy, which reflects the effective date of such policy. By accessing the Game, you acknowledge that you have read this policy and that you understand your rights in relation to your personal data and how we will collect, use and process it. Your continued access to or use of the Game after our notification to users of the updated policy constitutes your acceptance of the updated policy. If you do not agree to the updated policy, you must stop accessing or using the Game."
Argentina
The following sentence should be added to Section 1 (The types of personal data we use):
"Personal data shall have the meaning set forth by the Argentina Data Protection Law No. 25,326, as amended ("Law"). The personal data we collect and process may include sensitive data, as defined by the Law, when permitted by applicable regulations. By accepting this Privacy Policy, you grant your consent for the collection and processing of sensitive data."
The following paragraphs should be inserted under Section 6 (Your rights):
"Nuverse is responsible for the database where your personal data will be stored, domiciled at Singapore and the United States of America.
The Agencia de Acceso a la Información Pública (i.e. the Argentine Data Protection Authority) is the enforcement authority of the Law in Argentina."
The following sentence should be added to Section 8 (How long do we keep your personal data):
"Your personal data will be destroyed or anonymized after the reasons to retain your personal data as referred to above no longer exist, and in accordance with this Privacy Policy or applicable laws."
Brazil
In the "Summary", under How will we notify you of any changes to this Privacy Policy?, the following sentence shall be deleted:
"By accessing the Game, you acknowledge that you have read this policy and that you understand your rights in relation to your personal data and how we will collect, use and process it."
The following shall be added to Section 3 (How and for what purpose we use your personal data):
"With your consent, we will use your data (including ad identifiers, age, region, gender, language, data related to your use of the Game and interactions with others, messages including content of the message and data about when the message has been sent, received and/or read, as well as the participants of the communication, username and public profile) to:
· Conduct surveys as outlined in the body section of this privacy policy including telling you about services and opportunities;
· Collect and process, which includes scanning and analyzing, data you provide in the context of composing, sending, or receiving messages through the Game messaging functionality. That data includes the content of the message and data about when the message has been sent, received and/or read, as well as the participants of the communication;
· Access posts to your social media walls, posts in your news feed and access your social network data at any time, including any of your favorite websites, friend data or fan pages and any other data included in your application, social network or online profile, even if you are not using the social network or you chose not to make that data public;
·Collect and process certain technical data, namely a list of installed packages and running apps or processes and third-party apps you have on your device; and
· Collect data about your location. In certain jurisdictions, with your permission, we will collect Global Positioning System (GPS) data and mobile device location data based on your SIM card;
·Find other users and invite your friends in your preferred social networks as outlined in the body section of this privacy policy and to show descriptions of your game activity and game profile to other players on the social network, regardless of whether they are your social network friends or not.
You may withdraw your consent at any time and such withdrawal shall not affect the lawfulness of the processing based on consent before its withdrawal."
In Section 6 (Your rights), the first paragraph is supplemented with the following additional rights:
"You may have the following rights under applicable laws:
· The right to request anonymization, restriction of processing or erasure of personal data we process about you that is unnecessary, excessive or processed contrary to applicable law;
· The right to portability of your personal data to another service provider;
· The right to request erasure of personal data that we process based on your consent;
· The right to receive information about the public and private entities with which we share your personal data;
· The right to be advised about your choice not to give consent and the corresponding consequences;
· The right to revoke your consent;
· The right to lodge a complaint with the Brazilian Data Protection Authority;
· The right to oppose to processing of personal data that is not based on your consent in the event processing fails to comply with applicable law."
Section 9 (Data relating to children) is amended as follows:
"The Game is not directed at children under the age of 16 and we do not knowingly collect or solicit personal data from children under 16. If you are 16 years of age or above but below the age of 18, you declare that you had the consent or assistance of your parent or legal guardian to use the Services and to agree to the Nuverse Privacy Policy and Terms of Use. Further, if you believe that we have personal data about or collected from a child under the relevant age, please contact us at [cs@roxnextgeneration.com] and we will ensure that it is deleted."
In Section 11 (Changes), the following sentence shall be deleted:
"By accessing the Game, you acknowledge that you have read this policy and that you understand your rights in relation to your personal data and how we will collect, use and process it."
Section 12 (Contact) is amended as follows:
"The data protection officer for us can be contacted for questions, comments and requests regarding this policy as follows: [cs@roxnextgeneration.com]."
MIDDLE EAST JURISDICTIONS
Bahrain
The following shall amend the first paragraph of Section 6 (Your Rights):
"You may have the following rights under applicable laws:
· Right to request access to your personal data: You have the right to obtain from us confirmation as to whether or not personal data concerning you is processed, and, where that is the case, to request access to the personal data. The access information includes - inter alia - the purposes of the processing, the categories of personal data concerned, and the recipients or categories of recipient to whom the personal data have been or will be disclosed.
· You have the right to obtain a copy of the personal data undergoing processing free of charge.
· Right to request rectification: You have the right to obtain from us the rectification of inaccurate personal data concerning you. Depending on the purposes of the processing, you may have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
· Right to request erasure (right to be forgotten): You have the right to obtain from us the erasure of personal data concerning you and we may be obliged to erase such personal data.
· Right to request restriction of processing: You have the right to obtain from us that we restrict the processing of your personal data. In this case, the respective data will be marked and may only be processed by us for certain purposes.
· Right to data portability: Where processing of your personal data is either based on your consent or necessary for the performance of a contract with you and processing is carried out by automated means, you have the right to receive the personal data concerning you in a structured, commonly used and machine-readable format or to have your personal data transmitted directly to another company, where technically feasible;
·Right to withdraw consent: Where the processing of your personal data is based on your consent, you have the right to withdraw your consent at any time without impact to data processing activities that have taken place before such withdrawal;
·Automatic decision making: You have the right not to be subject to any automatic individual decisions, including profiling, which produces legal effects on you or similarly significantly affects you.
·Right to Object: You have the right to object to processing if we are processing your personal data on the basis of our legitimate interest unless we can demonstrate compelling legitimate grounds which may override your right. If you object to such processing, we ask you to state the grounds of your objection in order for us to examine the processing of your personal data and to balance our legitimate interest in processing and your objection to this processing; and
·Right to complaint: You have the right to lodge complaints before the competent data protection authority.
Section 9 (Information relating to children) shall be replaced with the following:
"The Game is not directed at children under the age of 18 and we do not knowingly collect or solicit personal data from children under 18. If you are under the age of 18, please have your parent or legal guardian read this with you. If you are reviewing these terms as the parent/legal guardian of a user who is under the age of 18, you hereby declare that such user is above the age of 13 and that you have read and acknowledged Nuverse Privacy Policy and Terms of Use and agree to the use by your child of the game and registration for an account. Further, if you believe that we have personal data about or collected from a child under the relevant age, please contact us at [cs@roxnextgeneration.com] and we will ensure that it is deleted."
Israel
In the "Summary", under How will we notify you of any changes to this Privacy Policy?, the sentence "…you acknowledge that you have read this policy and that you understand your rights in relation to your personal data and how we will collect, use and process it", shall be deleted, and replaced inits entirely with the following:
"…you agree to the terms of this privacy policy".
In Section 1 (The types of personal data we use), the first paragraph (before the words "We collect and use…") shall be amended in its entirely, as follows:
"Unless otherwise stated in this policy, the personal data we collect from you or about you is required so that we can perform our contract with you to provide the Game to you as detailed in our Terms of Service. While you are not legally obliged to provide us with your personal data, the provision of certain data is mandatory for the purposes of your access to the Game. Therefore, should you choose to refrain from providing us with certain categories of personal data, as we may require, we may not be able to grant you access to the Game, and/or you may not be able to set-up an account and/or, we will not be able to provide certain aspects of the Game or certain functionalities may be lost. For example, if you do not provide your age data for account set up purposes, we will not be able to grant you access to the Game. If you do not provide your location data, we may not be able to provide certain aspects of the Game service or certain functionalities may be lost. However, you have control over certain kinds of personal data that you can choose to share or to withhold from us, and still be able access the Game, as detailed in this policy. In any event, if you choose to provide us with any categories of personal data, you do so of your own free will and consent".
In Section 1 (Data You Provide to Us, Including Your Profile Data), the following sentence shall be added after the first paragraph:
"Whenever you provide us personal data pertaining your friends, social contacts or any other third party, for any purpose (including, without limitation, when you interact with other players, invite a friend to play the Game, etc.), you are obliged to obtain all necessary and applicable consents from your friends, social contacts or such other third parties, for the transfer of their personal data to us".
In Section 3, (How and for what purpose we use your data), the following shall be added:
"With your consent, we will use your data (including ad identifiers, age, religion, gender, language, data related to your use of the Game and interactions with others, messages including content of the message and data about when the message has been sent, received and/or read, as well as the participants of the communication, username and public profile) to:
Collect and process, which includes scanning and analyzing, data you provide in the content of composing, sending, or receiving messages through the Game messaging functionality, that data includes the content of the message and data about when the message has been sent, received and/or read, as well as the participants of the communication;
Access posts to your social media walls, posts in your news feed and access your social network data at any time, including any of your favorite websites, friend data or fan pages and any other data included in your application, social network or online profile, even if you are not using the social network or you chose not to make that data public;
collect and process certain technical data, namely list of installed packages and running apps or processes and third-party apps you have on your device;
find other users and invite your friends in your preferred social networks as outlined in the body section of this privacy policy and to show descriptions of your game activity and game profile to other players on the social network, regardless of whether they are your social network friends or not;
to send you direct marketing via email or SMS; and
provide direct-mailing services to other parties, by way of transferring lists, labels and data to third parties (including advertising service providers) for their own purposes, that was analyzed and personalized based on your belonging to a group of the population by virtue of one or more characteristics."
In Section 5 (International data transfers), after the sentence "The personal data that we collect from you may be transferred to, and stored at, or otherwise processed in a destination outside of your jurisdiction of residence", the following shall be added:
"…, including in jurisdictions which provide a different level of data security and protection than as provided under Israeli law".
In Section 6 (Your Rights), the first paragraph (before the words "Before we can respond to a request to exercise one or more of the rights listed above …") shall be amended as follows:
"Please note that an Israeli data subject, may have the following rights regarding his/her personal data under Israeli law:
(i) The right to request access to the personal data we hold about you, subject to Israeli law;
(ii) The right to request to rectify or delete your personal data where it is inaccurate, incomplete, unclear or outdated; and
(iii) The right to object to our use of your personal data for direct mailing purposes (this is applicable when we engage and advertise to you with content based on your belonging to a group of the population that is determined by one or more characteristics, or to restrict the use of your personal data for direct mailing services)."
Section 9 (Data relating to children) shall be replaced with the following:
"We not do not knowingly collect or solicit personal data from children under 18 for prohibited purposes under applicable Israeli law. If you are under the age of 18, please have your parent or legal guardian read this with you. If you are reviewing these terms as the parent/legal guardian of a user who is under the age of 18, you hereby declare that such user is above the age of 13 and that you have read and acknowledged Nuverse Privacy Policy and Terms of Use and agree to the use by your child of the game and registration for an account. Further, if you believe that we have personal data about or collected from a child under the relevant age, please contact us at [cs@roxnextgeneration.com] and we will ensure that it is deleted."
Qatar
The following shall replace the first paragraph of Section 6 (Your Rights):
"You have the right at any time to access your personal data and, in particular to:
1- Have us notify you of the processing of your personal data and the purposes for which such processing is conducted and to notify you of any disclosure of inaccurate personal data, subject in each case to any restriction which arises in the relevant circumstances under the applicable law;
2- Obtain a copy of your personal data held by us upon payment of the service fee;
3- Withdraw your consent to the processing of your personal data subject to any overriding requirement of applicable law and provided that such withdrawal shall not affect the lawfulness of the processing based on consent before its withdrawal;
4- Object to the processing of your personal data if that is found to be unnecessary to achieve the purposes for which it was collected or if it is in excess of the requirements, discriminatory, unfair or against the law;
5- Request the deletion or erasure of your personal data in cases 3 and 4 referred to above or upon the achieving of the purpose for which it was processed or if there is no reason for us to keep it; and
6- Request the correction of your personal data, subject to you providing us with reasonable evidence as to the validity of your request.
Section 9 (Information relating to children) shall be replaced with the following:
"We do not knowingly collect or solicit personal data from children under 18. If you believe that we have received personal data about or collected personal data from your child, please contact us at [cs@roxnextgeneration.com] and we will ensure that it is deleted."
Section 10 (Complaints) shall be replaced as follows:
"In the event that you wish to make a complaint about how we process your personal data, please contact us in the first instance at [cs@roxnextgeneration.com] and we will endeavour to deal with your request as soon as possible. This is without prejudice to your right to launch a claim with the relevant data protection authority.
Turkey
Section 2 (Cookies) shall include the following:
"We will only make use of non-essential Cookies to obtain and share your data if you provide your explicit consent. You may withdraw your consent at any time and such withdrawal shall not affect the lawfulness of the processing based on consent before its withdrawal."
Section 3 (How we use your data) shall include the following:
"Based on Article 5(1) of the Turkish Data Protection Law, with your consent, we will use your data (including ad identifiers, age, region, gender, language, data related to your use of the Game and interactions with others, messages including content of the message and data about when the message has been sent, received and/or read, as well as the participants of the communication, username and public profile) to:
conduct surveys as outlined in the body section of this privacy policy including telling you about services and opportunities;
collect and process, which includes scanning and analyzing, data you provide in the context of composing, sending, or receiving messages through the Game messaging functionality. That data includes the content of the message and data about when the message has been sent, received and/or read, as well as the participants of the communication;
monitor and record customer support communication, phone conversations or chat sessions with our representatives;
access posts to your social media walls, posts in your news feed and access your social network data at any time, including any of your favorite websites, friend data or fan pages and any other data included in your application, social network or online profile, even if you are not using the social network or you chose not to make that data public;
provide you with personalized advertising. Please see the section entitled "Advertising Service Providers" for more information. You can manage 'Personalized Ads' via your Game settings;
collect and process certain technical data, namely list of installed packages and running apps or processes and third-party apps you have on your device;
collect data about your location. In certain jurisdictions, with your permission, we will collect Global Positioning System (GPS) data and mobile device location data based on your SIM card;
find other users and invite your friends in your preferred social networks as outlined in the body section of this privacy policy and to show descriptions of your game activity and game profile to other players on the social network, regardless of whether they are your social network friends or not;
supplement personal data provided directly by you with either non-personal or public data from third parties in connection with market and demographic studies and/or data that Nuverse may use, or to ask third-party service providers to supplement the personal data that you provide to Nuverse for its own marketing and demographic studies, and to tie individual customer data to data you provide to Nuverse.
to send you direct marketing via email or SMS; and
use cookies as outlined under section 2.
You may withdraw your consent at any time and such withdrawal shall not affect the lawfulness of the processing based on consent before its withdrawal.
References in this policy to the 'performance of contract' as a legal basis refers to the legal basis under Article 5(2)(c) of the Turkish Data Protection Law, where the processing of your personal data is necessary for and directly related to the establishment and/or performance of our contract with you.
References in this policy to 'our legal obligations' or 'legal requirements' as a legal basis refers to the legal basis under Article 5(2)(ç) of the Turkish Data Protection Law, where the processing of your personal data is mandatory for compliance with our legal obligations under applicable laws; and/or Article 5(2)(a) of the Turkish Data Protection Law, where the processing is expressly laid down in laws.
References in this policy to our 'legitimate interests' or 'legitimate business purposes'as a legal basis refers to the legal basis under Article 5(2)(f) of the Turkish Data Protection Law, where the processing of your personal data is mandatory for our legitimate interests, provided that it does not violate your fundamental rights and freedoms.
References in this policy to 'the establishment, exercise or defense of legal claims' refers to the legal basis under Article 5(2)(e) of the Turkish Data Protection Law, where the processing of your personal data is mandatory for the establishment, exercise or defense of a legal claim."
Section 6 (Your rights) shall be amended as follows:
"You have the following rights with respect to your personal data:
the right to learn whether your personal data is processed
the right to request information with regard to such processing, if it is processed
the right to learn the purposes of the processing and whether your personal data is used for such purpose or not
the right to know the third parties within or outside of Turkey to whom your personal data is transferred
the right to request correction of your personal data if it is incomplete or inaccurate; and the right to request notification of these actions to thirds parties, to whom your personal data is transferred
the right to request deletion, destruction or anonymization of your personal data if the purposes of processing such data cease to exist; and the right to request notification of these actions to thirds parties, to whom your personal data is transferred
the right to object to any consequence to detriment of yourself, as a result of the analysis of your personal data solely by automated means
the right to claim indemnification if you suffer damages due to illegal processing of your personal data
Please send an e-mail to [insert mail] if you would like to exercise any of your rights. Before we can respond to a request to exercise one or more of the rights listed above, you may be required to verify your identity or your account details.
We will respond to your request as soon as possible according to the nature of your request and within thirty days at the latest, free of charge. However, if your request incurs additional cost to us, then you may be charged over the tariff fee determined by the Turkish Personal Data Protection Board. "
Section 9 (Data relating to children) shall be replaced with the following:
"The Game is not directed at children under the age of 18 and we do not knowingly collect or solicit personal data from children under 18. If you are under the age of 18, please have your parent or legal guardian read this with you. If you are reviewing these terms as the parent/legal guardian of a user who is under the age of 18, you hereby declare that such user is above the age of 13 and that you have read and acknowledged Nuverse Privacy Policy and Terms of Use and agree to the use by your child of the game and registration for an account. Further, if you believe that we have personal data about or collected from a child under the relevant age, please contact us at [cs@roxnextgeneration.com] and we will ensure that it is deleted."
Section 11 (Changes) is modified to delete the sentence:
"Your continued access to or use of the Game after the date of the updated policy constitutes your acceptance of the updated policy."
United Arab Emirates
In the "Summary" under How and for what purpose will we use the data about you?, amend the last sentence as follows:
"We may also use your personal data to serve you targeted advertising and promote the Game and other products and services (in each case, if required under applicable law or where we otherwise deem it to be necessary, where we have your consent)."
Under the heading "Surveys" in Section 1 (The types of personal data we use), amend the paragraph as follows:
We collect data through surveys, challenges and competitions in which you may participate including gender, likeness, age and preferences. We also infer your preferences, including your interests, gender and age for the purpose of serving personalized advertising (with your consent, if required under applicable law or where we otherwise deem it to be necessary). We will also process your personal data in order to tell you about services and opportunities.
Under heading "Analytics and Performance Cookies" in Section 2 (Cookies), amend the last sentence of the paragraph as follows:
"We also use third-party analytics tools to help us measure traffic and usage trends for the Services (with your consent if required under applicable law or where we otherwise deem it to be necessary)."
Under heading "Targeting or Advertising Cookies" in Section 2 (Cookies), amend the paragraphs as follows:
"Analytics: As you use the Game, you will notice that it features advertising. We allow third party companies, including advertising companies, to place Cookies in the Game to track the performance of our advertisements (with your consent if required under applicable law or where we otherwise deem it to be necessary). As an example, these Cookies remember which users have used the Game. The information provided to third parties does not include personal information but it may be associated with personal information after we receive it.
Marketing: We may also (with your permission, where required under applicable law) contract with third-party advertising networks that collect IP addresses and other information from the Game, from third party websites and apps. Ad networks follow your online activities and collect information through automated means (such as through the use of Cookies, again, with your consent, if required under applicable law or where we otherwise deem it to be necessary). Ad networks use this information, mainly to serve adverts about products and services that are likely to interest you. We may also partner with third parties to provide certain features in the Game or display advertising based on your web browsing activity. We may also use information from one device to help personalize your experience on another device. For advertising purposes, we may collect your Google Ad ID, Android Ad ID or (where applicable) your IDFA (IDFAs take the place of Cookies in mobile advertising delivered to iOS devices)."
Last updated: [2021/01/20 ]
THE TERMS FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US. PLEASE TAKE THE TIME TO READ THEM CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PLAY THE GAME OR ACCESS THE SERVICE.
PLEASE NOTE THAT DIFFERENT TERMS MAY APPLY TO YOU BASED ON WHERE YOU LIVE. MAKE SURE YOU READ THE JURISDICTION-SPECIFIC TERMS FOR YOUR JURISDICTION OF RESIDENCE (AT THE BOTTOM OF THESE TERMS). THESE SPECIFIC TERMS CONCERN IMPORTANT ASPECTS OF OUR AGREEMENT, INCLUDING, WITHOUT LIMITATION, HOW YOU CONSENT TO THESE TERMS, YOUR CONSUMER RIGHTS (INCLUDING YOUR CANCELLATION RIGHT, IF APPLICABLE), OUR RIGHTS TO TERMINATE YOUR ACCOUNT, YOUR RIGHT TO RECEIVE REFUNDS IN CERTAIN CASES, OUR WARRANTIES AND LIABILITY, AND THE LAW APPLICABLE TO THESE TERMS. THERE ARE CURRENTLY JURISDICTION-SPECIFIC TERMS FOR THE EUROPEAN UNION IN GENERAL AS WELL AS GERMANY, THE UK, AUSTRALIA, CANADA, NEW ZEALAND, US AND JAPAN.
ARBITRATION NOTICE FOR USERS: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND NUVERSE AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND NUVERSE WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Your Relationship with Us
Welcome to [Ragnarok X: Next Generation] (the "Game"), which is provided by Nuverse (Hong Kong) Limited or one of its affiliates ("Nuverse", "we" or "us").
You are reading the terms of service (the "Terms"), which govern the relationship and serve as a legally binding agreement between you and us and set forth the terms and conditions by which you may access and use the Game, the mobile application, the software imbedded therein, the features and functions thereof and our related websites, services, applications, products and content (collectively, the "Services"). Any reference to the "Services" includes a reference to any part of the Services. For purposes of these Terms, "you" and "your" means you as the user of the Services. Our Services are provided to you only for private, non-commercial use.
Age and Accepting the Terms
Access to certain Services or features of the Services may be subject to age restrictions and not available to all users of the Services. The Services are only for users 13 years old and over (with additional limits that may be set forth in the Supplemental Terms – Jurisdiction-Specific). By accessing or using our Services, you confirm that you are over 13 and can form a binding contract with Nuverse, that you accept these Terms and that you agree to comply with them. You understand and agree that we will treat your access or use of the Services as acceptance of the Terms from that point onwards.
If you are over 13 but under the legal age to enter into a contract in your jurisdiction, your parents or legal guardian must read and agree to these Terms. If you do not have consent from your parents or legal guardians, you must cease accessing or using the Services. If we learn that someone under the relevant age is using the Services, we will terminate access to the Service for such user.
You should print off or save a local copy of the Terms for your records.
Supplemental Terms for Specific Jurisdictions
If you access or use the Services from within a jurisdiction for which there are separate supplemental terms, you also agree to the supplemental terms applicable to you in the applicable jurisdiction as outlined below. If there is a conflict between the provisions of the Supplemental Terms – Jurisdiction-Specific that are applicable to you, and the rest of these Terms, the relevant jurisdictions’ Supplemental Terms – Jurisdiction-Specific will supersede and control.
Changes to the Terms
We amend these Terms from time to time, to reflect changes to the Services, our users' needs, our business priorities or to reflect changes in law. We will notify all users of any changes to these Terms, such as through a notice in our Game. However, you should also look at the Terms regularly to check for such changes. We will also update the "Last Updated" date at the top of these Terms, which reflect the effective date of such Terms. Your continued access or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services.
Your Account with Us
You may access the Services as a guest, in which case you may have limited access to certain features of the Services. Please note that if you are using a guest or visitor account, you will be unable to transfer/keep your progress or other information and data in the Game or restore any in-app purchases you have made if you need to re-install the Game e.g. if you switch your device.
You may use your account with third parties (e.g., Apple, Facebook, Google, as applicable) ("Third Party Account") to access additional features and functions of the Services. You agree that you are solely responsible (to us and to others) for your access and use of the Services and the activity that occurs under your account.
It is important that you keep your account password confidential and that you do not disclose it to any third party. You acknowledge and agree that we have no obligations related to your Third Party Account, and all matters relating to any Third Party Account of yours shall be resolved exclusively by you and the relevant third party.
We reserve the right to suspend or terminate your access to the Services at any time, without any notice to you, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which would or might cause damage to or impair the Services or infringe or violate any third party rights (including intellectual property rights), or violate any applicable laws or regulations. Termination of your account also entails the termination of the license to use the Service, or any part thereof.
If you access the Services as a guest and delete the Game from your device, or if your guest account is terminated, the information and data (including Virtual Items as defined below) of your guest account will not be retrievable, recoverable or refundable to you but may be stored by us.
Virtual Items/Additional Content
During your use of the Service, you may acquire, by purchasing with real-world currency or otherwise, virtual currency, points, coins, tokens, virtual in-Game items (including without limitation downloadable content), achievements, progressions, or access to additional features, level, characters, maps or other content (collectively, "Virtual Items"). Such Virtual can only be used for your own benefit within the Game, are of no monetary value and cannot be redeemed for cash or in-kind, sold or otherwise transferred. All Virtual Items are licensed to you rather than sold to you. You do not own or otherwise have proprietary rights of such Virtual Items. We will provide you the access to the Virtual Items for a period of at least one (1) month from the date of purchase, after which, we may, in our sole direction at anytime, terminate the Services under the Terms.
All Virtual Items will be deleted or removed from your account when your account is terminated, and will not be retrievable, recoverable or refundable.
Fees and Refund
You may access certain portions of the Game for free, but you may be required to pay a fee to access certain features of the Game. If you purchase any paid Virtual Items, you will make a purchase through the Apple App Store or the Google Play store. You agree to provide accurate and complete payment information to Apple or Google. You further agree to pay all fees and taxes incurred by your account. We reserve the right to change the pricing of any paid Virtual Items from time to time as we may determine in our sole discretion. Any change will not affect Virtual Items you have already purchased at the time the change comes into effect.
The sale is final and we will not provide a refund unless otherwise required by applicable law. You must follow the applicable refund policy of Apple or Google. Your purchase will be subject to the applicable payment policy of Apple or Google. We may, but is not obligated to assist you with your refund application to Apple or Google.
Limited License
As between you and Nuverse, Nuverse owns any and all rights, title and interest in and to the Services and any and all data and content made available in and through the Services, including without limitation all software, computer code, tools, patches, updates, images, text, graphics, illustrations, logos, photographs, images, pictures, audio, sound effect, sound recording, videos, visual effect, music, music composition, user account, characters, character name, character profile, character likeness, artifacts, objects, inventories, weapons, map, location, location name, architecture, landscape design, story, storyline, theme, game play, catch phrase, dialogue, chat log, recording and broadcasts of game, matches, battles, duels, in-game items, in-game activities, Virtual Items, the selection and arrangement thereof and "look and feel" of the Services, and all intellectual property rights related thereto (the "Nuverse Content").
You acknowledge that your use of the Nuverse Content for any purpose not expressly permitted by these Terms is strictly prohibited. Nuverse Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. You cannot create any work of authorship or proprietary right based on the Services (including Nuverse Content). You shall only use the Services as may be expressly provided in the Terms or to the extent permitted by law or (if applicable) relevant open source licenses. We and our licensors reserve all rights not expressly granted in and to their content.
Subject to these Terms, you are hereby granted a non-exclusive, personal, non-transferable, non-sublicensable, revocable limited license to access and use the Services, including to download the Game on a permitted device, and to access the Nuverse Content solely for your personal, non-commercial use through your use of the Services and solely in compliance with these Terms. Nuverse reserves all rights not expressly granted herein in the Services (including Nuverse Content). You acknowledge and agree that Nuverse may terminate this license at any time for convenience subject to applicable law.
Where our Services may contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval or endorsement by us of those linked websites or information you may obtain from them.
Feedback
While we are continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the user community. If you choose to contribute by sending us any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively "Feedback"), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to us, you agree that:
Nuverse has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
Feedback is provided on a non-confidential basis, and we are not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and
You irrevocably grant us perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
Equipment Requirement
To use the Services, you may need certain hardware, software, capabilities and other resources (including a suitable connection to the Internet). You are solely responsible for procuring and maintaining such resources at your own cost.
Beta Version, Updates, Interruption and Termination of the Game
We may make available a beta version of the Game ("Beta Game") prior to an official release of the Game. To the maximum extent permitted by applicable law, the Beta Game is provided for testing on an "as is" and "as available" basis and we make no warranty, expressly or by implication, to you of any kind. You understand and agree that the Beta Game may not operate correctly, the Beta Game may contain defects, and playing the Beta Game is at your own risk. We have no obligations to you with respect to Beta Game, including without limitation any obligation to provide an official version of the Game in the future.
We may reset the Beta Game, including any in-Game setting (e.g., game character, achievements and inventory items) at anytime during the testing period of the Beta Game. You acknowledge that the change or modification of the Beta Game may cause a loss of data, function or utility related to the Beta Game. You agree that we are not liable to you for such loss to the maximum extent permitted by applicable law. All Virtual Items (including downloadable content) you obtained during your use of the Beta Game will be removed from your account when the Beta Game is reset.
From time to time, we have the right (but not obligation) to provide updates (patches, new features, etc.) to the Game for free or for a fee. We may require you to download and install the updates or the updated version of the Game to continue to use the Services. You understand that your access to certain features of the Services might be affected by such updates. You also agree that we may use background patching to automatically update our Game and software with or without notice to you. You also understand that such updates may affect the necessary system specification required to play the Game. In such case, you are responsible for any necessary equipment to continue to access the Services.
You acknowledge that the Service or any part thereof may be interrupted for maintenance or reasons beyond our control, and we cannot guarantee that the Services will not be interrupted. We shall not be liable for any interruption of the Services, delay or failure to perform resulting from any causes whatsoever. Additionally, the Service may be unavailable depending on geographic location.
To the maximum extent permitted by applicable law, we reserve the right to discontinue the Service at any time in our sole discretion, for any reason, or for no reason, with or without notice.
Code of Conduct
Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You may not:
access or use the Services if you are not fully able and legally competent to agree to these Terms;
except as expressly permitted by these Terms or applicable law, make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included therein, including any software, Virtual Items (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof;
distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof;
market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation;
use the Services, without our express written consent, for any commercial, political or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
interfere with or attempt to interfere with the proper working of the Services, disrupt our website (if any) or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services;
incorporate the Services or any portion thereof into any other program or product;
use automated scripts, software, code or systems to collect information from or otherwise interact with the Services;
impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services;
intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
use or attempt to use another’s account, service or system without authorization from Nuverse;
use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services;
use or exploit any cheats, bots, hacks, bugs, errors, or design flaws to obtain unauthorized access to the Service or to gain an unfair advantage in game play;
trade, sell, duplicate Virtual Items in or outside the Game unless otherwise expressly permitted by Nuverse;
host, provide or develop matchmaking services for the Game, unless otherwise expressly authorized by Nuverse;
use the Services to upload, transmit, distribute, store or otherwise make available in any way: files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful; any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other prohibited form of solicitation; any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., National Insurance, social security numbers, passport numbers) or credit card numbers; any material which does or may infringe any copyright, trade mark or other intellectual property or privacy rights of any other person; any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory; any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm; any material that is deliberately designed to provoke or antagonize people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people; any material that contains a threat of any kind, including threats of physical violence; any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality;
any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or
material that restricts or inhibits any other person from using the Services, or which may expose Nuverse, the Services or its users to any harm or liability of any type.
We reserve the right, at any time and without prior notice, to remove or disable your access to the Services, including the Game, Nuverse Content and Virtual Items, at our discretion for any reason or no reason. Some of the reasons for which we may remove or disable your access to the Services may include finding that you have violated these Terms, or that your actions are harmful to the Services or our users.
Indemnity
You agree to, at your sole cost, defend, indemnify, and hold harmless Nuverse, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, suppliers and advisors from and against any and all claims, liabilities, costs, fines, penalties and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of or in any way connected with any of the following: (i) a breach by you or any user of your account of any applicable obligation, representation or warranty under these Terms; (ii) our use, non-use or publication of your Feedback infringes any third party intellectual property rights; (iii) your access to or use of, or activities in connection with, the Services; (iv) your violation of any applicable laws, rules, regulations or contracts; or (v) any misrepresentation made by you (all of the foregoing, "Claims and Losses"). You will cooperate as fully required by us in the defense of any Claims and Losses. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. We reserve the right to assume the exclusive defense and control of any Claims and Losses at our own cost. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of the indemnified party.
EXCLUSION OF WARRANTIES
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CAN NOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER.
THE SERVICES ARE PROVIDED "AS IS" AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO THEM. IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU THAT:
YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR
DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR GAME FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE.
YOUR USE OF THE SERVICE MAY DEPEND ON THE INTERNET, INCLUDING NETWORKS, CABLING, FACILITIES AND EQUIPMENT THAT IS NOT IN OUR CONTROL; ACCORDINGLY (I) WE CAN NOT GUARANTEE ANY MINIMUM LEVEL REGARDING SUCH PERFORMANCE, SPEED, RELIABILITY, AVAILABILITY, USE OR CONSISTENCY, AND (II) DATA, MESSAGES, INFORMATION OR MATERIALS SENT OVER THE INTERNET MAY NOT BE COMPLETELY PRIVATE, AND YOUR ANONYMITY IS NOT GUARANTEED.
LIMITATION OF LIABILITY
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
SUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU FOR: (I) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY); (II) ANY LOSS OF GOODWILL; (III) ANY LOSS OF OPPORTUNITY; (IV) ANY LOSS OF DATA SUFFERED BY YOU; OR (V) ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU. ANY OTHER LOSS WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO NUVERSE WITHIN THE LAST 12 MONTHS.
WE WILL ALSO NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:
ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICE;
ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION;
OR YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
PLEASE NOTE THAT WE ONLY PROVIDE OUR SERVICES FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE OUR SERVICES FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICE, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU’RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Privacy Policy
You also acknowledge that our Privacy Policy will also apply to your use of our Services. Privacy Policy can be found directly on the Services, or where the Game is made available for download, on your mobile device’s applicable app store, and are incorporated herein by reference.
Copyright Claims
If you believe that anything on the Service infringes upon any copyright which you own or control, you may file a notification of such infringement to the contact information set below:
[cs@roxnextgeneration.com]
Other Terms
Applicable Law and Jurisdiction. Subject to the Supplemental Terms – Jurisdiction-Specific, these Terms, their subject matter and their formation, are governed by the laws of Hong Kong. Any dispute arising out of or in connection with these Terms, including any question regarding existence, validity or termination of these Terms, shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre ("HKIAC") in accordance with the Arbitration Rules of the HKIAC for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Hong Kong. The tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English. Notwithstanding the foregoing, we may institute a proceeding for equitable relief in any court of competent jurisdiction.
Class Action Waiver. Subject to the Supplemental Terms –Jurisdiction-Specific, any action brought by you, including without limitation arbitration, will proceed solely on an individual basis without the right for any claim to be adjudicated on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of others.
Entire Agreement. These Terms (including the Supplemental Terms below) constitute the whole legal agreement between you and Nuverse and govern your use of the Services and completely replace any prior agreements between you and Nuverse in relation to the Services.
Links. You may link to our home page or page of the Game or Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Services in any website that is not owned by you. The website in which you are linking must comply in all respects with the content standards set out at "Code of Conduct" above. We reserve the right to withdraw linking permission without notice.
No Waiver. Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.
Security. We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and Game to access our Services. You should use your own virus protection software.
Severability. If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.
Open Source. This game may contain certain open source software. Each item of open source software is subject to its own applicable license terms.
Translations. In the event of any conflict or inconsistency between the Terms in the English and any translation thereof in any other language, the English version shall prevail.
Any Questions? Get in touch at [cs@roxnextgeneration.com].
Supplemental Terms – App Stores
The following supplemental terms shall apply when accessing the Game through specific devices:
Notice regarding Apple.
These Terms between Nuverse and you; Apple is not a party to these Terms.
The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Game on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Services.
Apple is not responsible for the Game or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Game.
In the event of any failure of the Game to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Game, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Game.
Apple is not responsible for addressing any claims by you or a third party relating to the Game or your possession or use of the Game, including without limitation (a) product liability claims; (b) any claim that the Game fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the Game or your possession and use of the Game infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim.
You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Apple and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.
Nuverse expressly authorizes use of the Game by multiple users through the family sharing or any similar functionality provided by Apple.
Notice regarding Google Play. By downloading the Game from Google Play (or its successors) operated by Google, Inc. or one of its affiliates ("Google"), you specifically acknowledge and agree that:
to the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the "Google Play Terms"), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the Game that you download from Google Play, and
you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by Nuverse or you (or any other user) under these Terms or the Google Play Terms.
Supplemental Terms – Jurisdiction-Specific
European Union and also the UK
Age and Accepting the Terms
By clicking on the "Install" button on the product description page of the respective app store (caption may vary depending on the app store) and, if applicable, entering your password or other credentials for the respective app store, you make a binding offer to conclude a contract for the use of the Game, including the granting of rights of use in accordance with these Terms. We accept your offer when the download of the Game starts; further details may be governed by the terms and conditions of the respective app store.
If you are under the legal age to enter into a contract in your jurisdiction, your parents or legal guardian must consent to your acceptance of these Terms. If we learn that someone under the relevant age is using the Services, we will terminate access to the Service for such user.
Privacy Policy
For information on how we use your personal data when you use the Services, please refer to our Privacy Policy. Privacy Policy can be found directly on the Services, or where the Game is made available for download, on your mobile device’s applicable app store.
Cancellation Right
If you are a consumer and resident of the UK or EU, you have a mandatory cancellation right when purchasing digital content (e.g Virtual Items) as follows (but please note you will lose this cancellation right if you provide prior express consent to begin the download of that content during the right of cancellation period, and acknowledge that you will lose your cancellation right):
Cancellation right
You have the right to cancel a contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us (Contact Address: Suite 1113A, 11/F., Ocean Centre, Harbour City, 5 Canton Rd, Tsim Sha Tsui, Kowloon, Hong Kong; Email Address: [cs@roxnextgeneration.com]) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of cancellation
If you cancel a contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
End of cancellation notice.
Model cancellation form
(If you wish to cancel the contract, please complete this form and return it to us)
To
Nuverse (Hong Kong) Limited
Contact Address: Suite 1113A, 11/F., Ocean Centre, Harbour City, 5 Canton Rd, Tsim Sha Tsui, Kowloon, Hong Kong
Email Address: [cs@roxnextgeneration.com]
I/We (*) hereby give notice that I/We (*) cancel my/our (*) contract for the supply of the following digital content (*) ____________\
Ordered on (*)/received on (*),
______________________\
Name of consumer(s),
______________________\
Address of consumer(s),
______________________\
Signature of consumer(s) (only if this form is notified on paper)
______________________\
Date, Location
(*) Delete as appropriate
Germany
The following terms apply in addition to the European Union terms above.
1. Changes of Terms
In deviation from Sec. 4 of the Terms of Service, the following applies:
We may amend the Terms in accordance with this paragraph to the extent that this is done (i) to implement changes in legal requirements or case law, (ii) to implement changes in technical requirements, (iii) to maintain the operation of the Services, (iv) to adapt to changing market conditions, and (v) for the benefit of the user. An adjustment will only be made to the extent that it does not shift the contractual balance between us to your detriment. We will inform you of an adjustment at least six weeks in advance by means of a message within the game or by e-mail. You may object to the adjustment. If you do not object within six weeks after receipt of the notification of the adjustment, you are deemed to have consented to the change. In our notification of the adaptation, we will also inform you separately about the six-week period and the legal consequences of your silence.
2. Refunds
In deviation from Sec. 6 and 7 of the Terms of Service, we will refund any purchased but unused Virtual Items in the event (i) we terminate the agreement for convenience or (ii) you terminate the agreement because of our breach of the agreement. We will also make refunds if required in the context of your statutory withdrawal right or your warranty rights (see Sec. 6 of the jurisdiction-specific terms for Germany below).
3. Termination
In deviation from Sec. 11 and 12 of the Terms of Service, we may terminate the Services (including the Game) for convenience with 14 days’ notice, and the statutory right of extraordinary termination for cause remains unaffected.
4. Reverse Engineering
In deviation from the second Bullet Point of Sec. 12 of the Terms of Service, you may decompile the Services to the extent required to make contractual use of them (including troubleshooting) and/or to the extent required to obtain interface information needed to make the Service interoperable with an independently developed piece of software, and we have not provided you the required information upon your request against payment of our expenses in providing such information. For clarity, in the event of any such permitted decompilation, the statutory restrictions of Sec 69e of the German Copyright Act apply.
5. Indemnity
In deviation from Sec. 13 of the Terms of Service, your obligation to indemnify applies only in the event of your culpable (negligent or intentional) breach of the Terms of Service.
6. Warranty
In deviation from Sec. 14 of the Terms of Service, the following applies:
To the extent we provide any Service free of charge, we do not assume any warranty except where we have maliciously concealed a defect.
To the extent we provide a Service against a charge, our statutory warranty obligations remain unaffected, except that we are liable for damages only pursuant to Sec. 7 of the jurisdiction-specific terms for Germany.
7. Limitation of Liability
In deviation from Sec. 15 of the Terms of Service, the following applies:
To the extent we provide any Service free of charge, we are liable pursuant to applicable law only for intent and gross negligence.
To the extent we provide any Service against a charge, our liability is limited as follows
a) Our statutory liability is unlimited for intent, gross negligence, injury to life, body or health, violation of a guarantee (which must be expressly designated as such), and under the German Product Liability Act.
b) Except for the cases described in subsection a), we are only be liable for slight negligence in case of breach of an essential obligation. Essential obligations are those obligations that must be performed in order to achieve the purpose of the contract and on the performance of which you may therefore generally rely.
c) In the cases set forth in subsection b), we are only be liable for typical and foreseeable damages.
d) Otherwise, we are not be liable for slight negligence.
e) You must back up your data regularly. To the extent that we are liable for a loss of data pursuant to this Sec.7, such liability is limited to the restoration effort which would have been required if you had regularly made backup copies in accordance with the importance of the affected data.
f) The above limitations of liability shall apply accordingly in favor of our affiliates and our and their shareholders, legal representatives, employees, vicarious agents and assistants.
8. Applicable Law and Jurisdiction; Dispute Resolution
Our agreement is governed by German law, excluding the CISG. The court at your place of residence has jurisdiction for any dispute arising out of or in connection with our agreement. You may also bring a lawsuit against us in any other competent court (e.g. at our seat).
The European Commission provides an online dispute resolution platform, which you can reach at http://ec.europa.eu/odr. We are not obliged or willing to participate in a dispute settlement procedure before a consumer arbitration body.
9. Miscellaneous
The languages available to enter into this Agreement are German and English. We do not store a copy of our agreement for you to access, so we recommend you download or print the Terms for future reference.
United Kingdom
The following terms apply in addition to the European Union terms above.
13. Indemnity
Section 13 (indemnity) does not apply to you.
14. Exclusion of warranties.
Section 14 (exclusion of warranties) is modified to state:
NOTHING IN THESE TERMS SHALL AFFECT ANY LEGAL RIGHTS THAT YOU ARE ALWAYS ENTITLED TO AS A CONSUMER.
THE SERVICES ARE PROVIDED "AS IS" AND WE DO NOT MAKE PROMISES WITH RESPECT TO THEM. IN PARTICULAR WE DO NOT PROMISE THAT:
YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR
DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR GAME FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE.
15. Limitation of Liability
Section 15 (limitation if liability) is modified to state:
Nothing in these Terms shall exclude or limit our liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Subject to the paragraph above, you agree that you will not use our Services for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable to you for any loss or damage which may be incurred by you as a result of:
Any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Service;
The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Services;
Your failure to provide us with accurate account information;
Or your failure to keep your password or account details secure and confidential.
If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you [free of charge] or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
These limitations on our liability to you shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.
You are responsible for any mobile charges that may apply to your use of our Service, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Service.
Any dispute you have with any third party arising out of your use of the Services, including, by way of example and not limitation, any carrier, copyright owner or other user, is directly between you and such third party, and you irrevocably release us and our affiliates from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
18. Other Terms. Applicable Law and Jurisdiction
Section 18 (Other Terms. Applicable Law and Jurisdiction) is modified to state:
These Terms, their subject matter and their formation, are governed by English law.
However, if you are a consumer and resident of any European Union country you will benefit from mandatory provisions of, and legal rights available to you under, the laws of that country. Nothing in these Terms affects your rights as a consumer to rely on these local law mandatory provisions and legal rights.
You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a consumer and resident of any European Union country you and we may also bring proceedings in that country.
AUSTRALIA
If you are a resident of Australia, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. In Australia, consumers have statutory rights which cannot be excluded under the Australian Consumer Law. Nothing in these Terms is intended to exclude, restrict or modify any right or remedy you have in statute or otherwise to the extent that right or remedy cannot be excluded, restricted or modified under law.
The first paragraph of Section 7 (Fees and Refund) is modified to state:
You may access certain portions of the Game for free, but you may be required to pay a fee to access certain features of the Game. If you purchase any paid Services, you will make a purchase through the Apple iTunes Store or the Google Play store. You agree to provide accurate and complete payment information to Apple or Google. You further agree to pay all fees and taxes incurred by your account. We reserve the right to change the pricing of any paid Services from time to time as we may determine in our sole discretion. All current prices will be shown prior to purchase, please carefully check the price before making any purchases.
The last paragraph of Section 12 (Code of Conduct) is modified to state:
We reserve the right, at any time, to remove or disable your access to the Services, including the Game, Nuverse Content and Virtual Items with immediate effect, at our discretion, for your breach of law, or any of these Terms. We will notify you of such removal or disabling. Some of the reasons for which we may remove or disable access to your Services may include finding that you have violated these Terms, or that your actions are harmful to the Services or our users.
Section 13 (Indemnity) is modified to state:
You agree to, at your sole cost, defend, indemnify, and hold harmless Nuverse, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, suppliers and advisors from and against any and all claims, liabilities, costs, fines, penalties and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of or in any way connected with any of the following: (i) a breach by you or any user of your account of any applicable obligation, representation or warranty under these Terms; (ii) your violation of any applicable laws, rules, regulations or contracts; or (iii) any misrepresentation made by you (all of the foregoing, "Claims and Losses"). You will cooperate as fully required by us in the defense of any Claims and Losses. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. We reserve the right to assume the exclusive defense and control of any Claims and Losses at our own cost. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of the indemnified party. Your indemnification obligations above do not apply to the extent the Claims and Losses are caused by a breach of the Terms by, or the fraudulent or negligent act or omission of, Nuverse.
CANADA
Section 18 (Other Terms) is modified to state:
Applicable Law and Jurisdiction. These Terms, their subject matter and their formation, are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any dispute arising out of or in connection with these Terms, including any question regarding existence, validity or termination of these Terms, shall be referred to and finally resolved by arbitration administered by the International Centre for Dispute Resolution Canada in accordance with its Canadian Arbitration Rules. The place of the arbitration shall be Toronto, Ontario, Canada. The tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English. Notwithstanding the foregoing, we may institute a proceeding for equitable relief in any court of competent jurisdiction.
The provision in Section 18 (Other Terms) captioned "Class Action Waiver" is deleted in its entirety.
The provision in Section 18 (Other Terms) captioned "Translations" does not apply in the Province of Quebec.
NEW ZEALAND
You must be at least 13 years of age to access or use the Services. If you are over 13 years of age but under 18 years of age, your parents or legal guardian must read and agree to these Terms.
If you are a "consumer" for the purposes of the Fair Trading Act 1986 and Consumer Guarantees Act 1993, nothing in these Terms operates to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability under the Fair Trading Act 1986 or the Consumer Guarantees Act 1993.
For the purposes of Sections 5, 8, 11 and 12, if we wish to suspend or terminate your access, or licence to use, the Services (other than because you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights (including intellectual property rights), or violate any applicable laws or regulations), we will give you one months’ notice prior to such suspension or termination.
For the purposes of Section 7, if we wish to vary the pricing of any paid Services we will give you prior notice before doing so. All current prices will be shown prior to purchase, please carefully check the price before making any purchases.
UNITED STATES
Arbitration and Class Action Waiver.
This section includes an agreement to arbitrate and an agreement that all such claims will be brought in arbitration only in your individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.
Informal Process First. You agree that in the event of any dispute between you and Nuverse, you will first contact Nuverse and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action. This is a condition precedent to proceeding in arbitration.
Arbitration Agreement. After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, "Claim") relating in any way to your use of Nuverse’s services and/or products, including the Services, or relating in any way to the communications between you and Nuverse or any other user of the Services, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and Nuverse. However, this arbitration agreement does not (a) govern any Claim by Nuverse for infringement of its intellectual property or access to the Services that is unauthorized or exceeds authorization granted in these Terms or (b) bar you from making use of applicable small claims court procedures in appropriate cases. If you are an individual you may opt out of this arbitration agreement within thirty (30) days of the first of the date you access or use this Services by following the procedure described below.
You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Nuverse are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision will survive any termination of these Terms.
If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to:
Nuverse (Hong Kong) Limited Suite 1113A, 11/F., Ocean Centre, Harbour City, 5 Canton Rd, Tsim Sha Tsui, Kowloon, Hong Kong
Email Address: [cs@roxnextgeneration.com]
The arbitration will be administered by the American Arbitration Association (AAA) under its rules including, if you are an individual, the AAA's Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Services on behalf of an entity, the AAA's Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879.
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. If you are an individual and have not accessed or used the Services on behalf of an entity, we will reimburse those fees for claims where the amount in dispute is less than $10,000, unless the arbitrator determines the claims are frivolous, and we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence will not apply to the "Class Action Waiver" section below.
If you do not want to arbitrate disputes with Nuverse and you are an individual, you may opt out of this arbitration agreement by sending an email to [cs@roxnextgeneration.com] within thirty (30) days of the first of the date you access or use the Services.
Class Action Waiver. Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding ("Class Action") except that an individual may seek in the arbitration public injunctive relief, and the AAA may include such relief in the award, where applicable. The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.
If this class action waiver is found to be unenforceable, then the entirety of the arbitration agreement, if otherwise effective, will be null and void. If for any reason a claim proceeds in court rather than in arbitration, you and Nuverse each waive any right to a jury trial.
Exports. You agree that you will not export or re-export, directly or indirectly the Services and/or other information or materials provided by Nuverse hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. comprehensively embargoed countries or any country that has been designated by the U.S. Government as a "terrorist supporting" country (currently: Cuba, Crimea, Iran, North Korea, Syria), (b) to any governments of such countries, or (c) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.
JAPAN
The following paragraph is added to Section 2 (Age and Accepting the Terms):
If you are over 13 but under the age of majority prescribed in Civil Code ("Minors") and use the services required to pay a fee within the Services ("Paid Services"), you shall comply with the monthly payment limit separately provided to you by us. Money which you disposed in the Paid Services within such monthly payment limit shall be considered as either of the followings and shall be irrevocable in accordance with Paragraph 3 of Article 5 of Civil Code:
(1) Property which Minors’ parents or the statutory agent permit its disposition by specifying the purpose thereof and disposed in the Paid Services to the extent of such purpose; or
(2) Property which Minors’ parents or the statutory agent permit its disposition without specifying any purpose.
The second paragraph of Section 7 (Fees and Refund) is modified to state:
The in-game currency separately published as Prepaid Payment Instruments in the page titled "Notice in accordance with Payment Services Act" shall be considered as Prepaid Payment Instruments for Own Business defined in paragraph 4 of Article 3 of Payment Services Act and issued by Bytedance KK in the Game as consideration for cash or cash equivalents. You understand and agree that Virtual Items which you may acquire by using in-game currency of the Game shall be considered as being provided to you upon acquisition of the Virtual Items and shall not be considered as Prepaid Payment Instruments. Nuverse and Bytedance KK will not provide a refund or any equivalent thereto of in-game currency, Virtual Items or any other contents of the Services unless otherwise required by applicable law. Your purchase will be subject to the applicable payment policy of Apple or Google.
Section 15 (LIMITATION OF LIABILITY) does not apply to your loss or damage related to or arising from our gross negligence or willful misconduct.
Section 18 (Other Terms. Applicable Law and Jurisdiction) is modified to state:
These Terms, their subject matter and their formation, are governed by the laws of Japan. Any dispute arising out of or in connection with these Terms, including any question regarding existence, validity or termination of these Terms, shall be subject to the exclusive jurisdiction as first instance of the Tokyo District Court.
Privacy Policy
Last Updated: [2021/01/20]
Welcome to [Ragnarok X: Next Generation] (the "Game"). The Game is provided, operated and controlled by Nuverse (Hong Kong) Limited, whose registered address is at Suite 1113A, 11/F., Ocean Centre, Harbour City, 5 Canton Rd, Tsim Sha Tsui, Kowloon, Hong Kong. ("Nuverse", "we" or "us").
You are reading the Privacy Policy, which explains how we collect, use and disclose your personal data when you download the Game from Apple App Store or Google Play, access the Game, and the rights you may have under applicable privacy laws. If you do not agree with this policy, you should not play the Game.
If you have any questions about how we use your personal data, please contact [cs@roxnextgeneration.com].
Below is a summary of key points in our Privacy Policy.
This privacy policy consists of a main body and a jurisdiction-specific section. The jurisdiction-specific section might include additional information required under local data protection laws and/or render certain aspects of the body policy to be inapplicable or amend them accordingly due to local data protection laws.
SUMMARY
1. What data do we collect about you?
We collect and process your data when you create an account and play the Game, including your contact details, location data and other data you provide when you register for an account, create or share content via the Game,or play the Game. We also collect data you share with us from third parties (such as Facebook, Twitter, Instagram, Google, or Apple). if you choose to log in to the Game via your account with such third party networks, and technical and behavioral data about your use of the Game. We may also collect data about you automatically through your use of the Game.
2. How and for what purpose will we use the data about you?
We use your data to provide the Game to you and to improve and administer it. We may also use your data to, among other things, improve and develop the Game and ensure your safety. We may also use your personal data to serve you targeted advertising and promote the Game and other products and services (in each case, if required under applicable law, where we have your consent).
3. Who else will access and collect your personal data and who do we share your data with?
The third party developer of the Game will have access to your data. Your data may also be collected by/shared with other companies in the same group as the Nuverse, payment providers, and advertising service providers. Where required or permitted by law, we will share your data with law enforcement agencies or regulators and with third parties pursuant to a legally binding court order.
4. Your Rights
In certain circumstances, you have rights in relation to your data such as the right to access and the right to correction. Depending on your jurisdiction, you may have additional rights - please see the jurisdiction-specific provision at the end of this Privacy Policy.
5. How long do we keep hold of your data?
We retain your data for as long as it is necessary to provide you with the Game service so that we can fulfill our contractual obligations and rights in relation to the data involved. Where we do not need your data in order to provide the Game to you, we retain it only as long as we have a legitimate business purpose in keeping such data or where we are subject to a legal obligation to retain the data. We will also retain your data if necessary for the establishment, exercise or defense of legal claims.
6. How will we notify you of any changes to this Privacy Policy?
We will generally notify all users of any material changes to this policy through a notice within the Game when you log in. However, you should look at this policy regularly to check for any changes. We will also update the "Last Updated" date at the top of this policy, which reflects the effective date of such policy. By accessing the Game, you acknowledge that you have read this policy and that you understand your rights in relation to your personal data and how we will collect, use and process it.
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1. The types of personal data we use
Unless otherwise stated in this policy, the personal data we collect from you or about you is required so that we can perform our contract with you to provide the Game to you as detailed in our Terms of
Service. The provision of certain data is mandatory for the purposes of your access to the Game, and if you do not provide your age data required by us for account set up purposes, we will not be able to grant you access to the Game. If you do not provide certain types of data, such as your location data, we may not be able to provide certain aspects of the Game service or certain functionalities may be lost. However, you have control over certain kinds of personal data that you can choose to share or to withhold from us, and still be able to access the Game, as detailed in this policy.
We collect and use the following data about you:
Data You Provide to Us, Including Your Profile Data. You give us data when you register an account to play the Game via the application directly or if you choose to register using your social network account details (e.g. Facebook, Facebook, Twitter, Instagram, Google, Apple, Kakao, Line, etc.), including your name, gender, username, age, language, and/or email address, data you disclose in your user profile, your photograph or profile photo as well as photos and videos you choose to upload from your device while using the Game, for which you grant us access to your camera and or your device’s photo album, character name or nickname, age data to verify an account, in a limited manner and data you voluntarily elect to provide in order to customize game play, such as gender. If you choose to find other users through your social network account contacts, we will access and collect them and match that data against existing users of the Game. We link your data with your activity on our Game across all your devices, using your email or other log-in or device data.
We also collect data in correspondence you send to us.
Behavioral and Use Data.
Gameplay
We process data regarding your use of the Game including login history, purchase history, how you engage with the Game, the preferences you set (such as choice of language), the amount of time spent in the Game, your game play and activity, your Game progress, your interactions with other players in the Game, your interactions with other players inside the Game, "share" records, download records and other pieces of data in connection with your various activities within or through the Game or otherwise (including when you capture a screenshot in the Game) that are sent by your browser, device or computer system when you access the Game, which are automatically tracked and recorded by our servers. We also link your subscriber data with your activity on our Game across all your devices using your email, phone number, or similar data that you have provided. When you capture a screenshot, we will give you the option to share the screenshot through either an SMS, email, messaging app or social media platform.
Your participation in tournaments or other online gaming events is conditional upon you granting Nuverse permission to collect, use, store, transmit and publicly display statistical data, such as your scores, rankings and achievements, generated through your participation.
Surveys
We collect data through surveys, challenges and competitions in which you may participate including gender, likeness, age and preferences. We also infer your preferences, including your interests, gender and age for the purpose of serving personalized advertising (with your consent, if required under applicable law). We will also process your personal data in order to tell you about services and opportunities.
Messages
Where local laws allow us to, we collect and process, which includes scanning and analyzing, data you provide in the context of composing, sending, or receiving direct messages to and from other players, either directly on our websites and apps or to third party social media account and whether by words, audio, video or photos and your communications with us e.g.in the context of customer support including audio messages. That data includes the content of the message and data about when the message has been sent, received and/or read, as well as the participants of the communication.
We do this to prevent and block spam, prevent and detect crime, safeguard children (where this is in the substantial public interest) or to protect the interests of our users and other people.
Please also be aware that messages sent to other players will be accessible by those players and that we are not responsible for how those players use or disclose them.
Message Boards and Chat Rooms
We may also collect additional data you share about yourself such as on the Game's message boards, chat rooms and in the Game, including comments, images, photos, links, stickers and emojis. Any actions you perform with other players are considered public and are solely at your discretion, and therefore you should have no expectation of privacy or confidentiality. You may choose to disclose data about yourself in the course of contributing user generated content to the Game or in its chat rooms, blogs, message boards, user "profiles" for public view, or in similar forums on its sites through mobile services and/or through third party sites or services. You should be aware that any personally identifiable data you submit in the course of these public activities can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages.
Feedback
We also collect data and content of messages you provide to us through your feedback such as product reviews you write, or questions and data you provide for customer support. In this case, we may collect and store your contact data that you give them (i.e. your name and email address), your social network or service user ID number. When you contact us, such as for customer support, phone conversations or chat sessions with our representatives may be monitored and recorded.
Data from Third Parties. You may choose to share certain data with us from third parties or through your use of the Game. We have set out further details on the data we receive from third parties below:
Social Networks
If you choose to register to use the Game using your social network account details (e.g. Facebook, Twitter, Instagram, Google or Apple), you will provide us or allow your social network to provide us with your username and public profile (including your name, profile picture, gender, networks, user IDs, list of friends, followers and accounts you follow, date of birth, email address, and any other data you have set to public on your account). We may also access posts in your news feeds, friend data or fan pages and any other data included in your social network or online profile including blacklists, "likes" given and received, even if you are not using the social network. Please note that if you allow Nuverse to have access to this data, then Nuverse will have access to data even if you have chosen not to make that data public.
Advertising Service Providers
We use the data collected from you and your interaction with the Game to infer your likely interests to provide you with more relevant advertising. If you provide your consent for us to do so (where required by applicable law). This data tells us about purchases you have made so that we can predict what else might interest you in the future and assess how effective the advertising on our Game is. We collect this data by the use of Cookies and similar technologies in our Game and from similar data received from third parties who advertise through our Game and whose sites you visit.
Technical Data we collect about you. We automatically collect certain data from you when you use the Game. Such data includes your IP address, time zone settings,browser type, language, data regarding the device or hardware you are using to access the Game such as the model of your device, mobile device's unique identifier (UDID) or serial number, cellular information, WiFi network, identifier for vendor (IDFV), source of user (where you use your account on a third party platform to log in), IMEI number (only for games launched in China), device screen resolution, mobile carrier, software, platform, incident data, network type, device ID, operating system, a list of installed packages and running apps or processes, file names and types, Android ID, Google Advertising ID, and other third-party apps you have on your device, as well as other types of data sent by your browser or device when you access the Game, domain names, landing pages, pages viewed and the order of those pages, amount of time spent on particular pages, referring pages, exit pages and URLs, number of clicks, and the date and time of this activity which are automatically tracked and recorded by our servers. Where you log-in from multiple devices, we will be able to use your profile data to identify your activity across devices.
Location. We use the 'Region' you select in Settings to customize your Game experience. When you play the Game on a mobile device, we will collect data about your location, including your country, zip code, area code and geolocation. In certain jurisdictions, with your permission, we will collect Global Positioning System (GPS) data and mobile device location data based on your SIM card. If you do not wish to share your precise location with us, you can switch off location services via the settings on your mobile device.
Find other users and invite your friends. you can choose whether to find other users of the Game among your contacts in your preferred social networks who have a Game account. The Game supports and often encourages you to interact with other players. If you choose to find other users through your social network contacts, we will collect your public profile data as well as names and profiles of your social contacts. If you play through a social network or register through asocial network, your social network friends will see your name, profile photo and descriptions of your Game activity. Similarly, other players, regardless of whether they are your social network friends or not, will be able to see descriptions of your Game activity and view your Game profile, which may include your name or a "game name" and your profile photo. Other players may also be able to send you Game requests or even friend requests. You can also use this function to invite your contacts to join you in playing the Game. We will use the contact data you have for that person, from Facebook friends (or other similar social network) list and give you the option to send them either an SMS, email or third party message (such as WhatsApp, Facebook (including Facebook Messenger), Instagram, Google, Twitter, Kakao or Line) inviting them to play the Game.
Buy virtual items. If you buy virtual items and advantages via in-app purchases, we collect
your transaction record including how much you spent in the game and items purchased OR your purchase will be made via your Apple iTunes or Google Play account. When you play the Game or access any of our other services on connected third-party applications or platforms (like Facebook, Apple, Google, etc), any purchases you make will be processed by that third-party application and subject to that third-party application’s terms of service and privacy policy. We do not collect any financial or billing data from you in relation to such a transaction but may receive non-financial data related to your purchase, like your name and approximate physical location, the fact that you have an Apple Pay or Google Pay account, and the items purchased. Please review the relevant app store’s terms and notices in respect of the handling of such data. So that we can credit your account with the correct value in virtual items, we keep a record of the virtual assets/items you own, purchases you make, the time at which you make those purchases and the amount spent.
Other. Nuverse may also receive either non-personal or public data from third parties in connection with market and demographic studies and/or data that Nuverse may use to supplement personal data provided directly by you. Nuverse may ask some third-party service providers to supplement the personal data that you provide to Nuverse for its own marketing and demographic studies, so that Nuverse can consistently improve its services and related advertising to better meet its visitors’ needs and preferences. To enrich its understanding of individual customers, Nuverse may tie this data to the data you provide to it.
2. Cookies
We, our vendors and service providers use cookies and other similar technologies (e.g. pixels, web beacons etc.) (collectively, "Cookies") to enhance your experience using the Game. We will obtain your consent to the use of Cookies where required under applicable law.
a) What is a Cookie?
Cookies are used to collect data, including personal data, from you. Cookies are small files which, when placed on your device, enable the Game to provide certain features and functionality. Web beacons are very small images or small pieces of data embedded in images, also known as "pixel tags" or "clear GIFs", that can recognize Cookies, the time and date a page is viewed, a description of the page where the pixel tag is placed, and similar data from your computer or device.
Cookies are stored on your browser by website or apps that you visit. When you return to that website or app (or visit websites or apps that use the same cookies) these platforms recognize the Cookies and your browsing device.
We also use pixels. Pixels are small portions of code which we use in the Game. We use pixels to learn whether you have clicked on certain content and help us to optimize our ad campaigns.This helps us measure and improve our services and personalize your experience.
b) Categories of Cookies
Cookies do many different jobs, like letting you navigate between pages efficiently, remembering your preferences, and generally improving the user experience. Cookies can tell us, for example, whether you have visited the Game before or whether you are a new player. They can also help to ensure that adverts you see online are more relevant to you and your interests.
There are different categories of Cookies, including:
· First-party Cookies: First-party Cookies are small amounts of text which are served by us directly to your device.
· Third-party Cookies: Third-party Cookies, which are served by a third party on our behalf. We use third party Cookies for essential, functionality, analytic and performance, targeting or advertising and social media purposes.
Cookies can remain on your computer or mobile device for different periods of time. Some Cookies are 'session cookies', meaning that they exist only while your browser is open and are deleted automatically once you close your browser. Other Cookies are 'permanent cookies', meaning that they survive after your browser is closed. They can be used by the platform to recognize your computer when you open your browser and browse the Internet again.
c) What types of Cookies do we use and how do we use them?
The types of Cookies and similar technologies used by us and our partners in connection with the Game can be classified into one of five categories, namely 'essential Game Cookies', 'functionality Cookies', 'analytics and performance Cookies', 'targeting and advertising Cookies', and 'social media Cookies'. Cookies do a lot of different tasks to ensure you enjoy your use of the Game, for example, they are used to remember your preferences on sites you visit, to help you navigate between pages more efficiently and to make sure the adverts you see on our Game are relevant to you and your interests. We have set out some further information about each category, and the purposes of the Cookies we and third parties set in the following table.
Cookies that are necessary for essential purposes
These Cookies are essential to provide you with the Game and to use some of its features, such as to enable you to log in. Without these Cookies, we would not be able to provide you with a secure log in account. We use Cookies to uniquely identify you. Each time you log in to the Game, a Cookie containing a unique identifier that is tied to your account is placed on your browser. These Cookies allow us to uniquely identify you when you are logged into the Game and to process your online transactions and requests.
Functionality Cookies
Functionality Cookies record information you have entered or choices you have made. These Cookies also enable you to optimize your use of the Game after logging in so that we can personalize our content for you, greet you by name and remember your preference. These Cookies can also be used to remember settings you have applied, such as insert settings applicable to game e.g. layout and text size. These Cookies mean that when you continue to use or come back to the Game, we can enable you to start the Game from where you left off.
Analytics and Performance Cookies
We use performance/analytics Cookies to analyze how you use the Game, including your level in the Game, which tutorials you view, measure any errors that occur and test different design ideas. The information is used to report and evaluate your activities and patterns as a user of the Game to provide services in accordance with these activities. These Cookies do not collect information that individually identifies you and all information these Cookies collect is aggregated and anonymous. We also use third-party analytics tools to help us measure traffic and usage trends for the Game (with your consent if required under applicable law).
Targeting or Advertising Cookies
Analytics: As you use the Game, you will notice that it features advertising. We allow third party companies, including advertising companies, to place Cookies in the Game to track the performance of our advertisements (with your consent if required under applicable law). As an example, these Cookies remember which users have used the Game. The information provided to third parties does not include personal information but it may be associated with personal information after we receive it.
Marketing: We may also (with your permission, where required under applicable law) contract with third-party advertising networks that collect IP addresses and other information from the Game, from third party websites and apps. Ad networks follow your online activities and collect information through automated means (such as through the use of Cookies, again, with your consent, if required under applicable law). Ad networks use this information, mainly to serve adverts about products and services that are likely to interest you. We may also partner with third parties to provide certain features in the Game or display advertising based on your web browsing activity. We may also use information from one device to help personalize your experience on another device. For advertising purposes, we may collect your Google Ad ID, Android Ad ID or (where applicable) your IDFA (IDFA stake the place of Cookies in mobile advertising delivered to iOS devices).
Social Media Cookies
Third parties whose applications are connected to the Game by you will set their own Cookies in order to customize their applications for you. Because of how Cookies work, we cannot access these Cookies, nor can the third parties access the data in Cookies used by us. If you are logged in to your account with the third party, the third party will be able to link information about you with your actions via Cookies.
3. How and for what purpose we use your personal data
We may use the data we collect about you in the following ways:
In accordance with, and to perform our contract with you, we may use your data to:
allow you to play the Game;
notify you about changes to the Game and send Game-related communications to you including via push notifications;
provide you with user support;
enforce and notify you of changes to our terms of service, conditions and policies;
administer the Game including troubleshooting;
enable you to interact with other users;
enable our messaging service to function if you choose to use this function;
enable you to participate in the virtual items program;
administer loyalty programs and tailor its offerings, web pages or game play experience to you;
administer sweep stake, contests, or similar promotions where you enter into such programs;
communicate relevant information (such as updates and security alerts) and provide support to you; and
verify and confirm payments.
• In order to comply with our legal obligations, we may use your data to
help us detect abuse, fraud and illegal activity in the Game;
• In accordance with our legitimate interests to provide an enjoyable and
safe Game experience, we may use your data to:
ensure your safety and security including reviewing messages and associated metadata for breach of our terms of service and other inappropriate content;
ensure the Game is presented in the most effective manner for you and your device;
improve, promote, update and develop the Game and your experience;
better understand customer behavior and improve our products and services through analytics;
carry out data analysis and test the Game to ensure its stability and security and data about installed packages and running apps or processes in order to ensure the security of the Game network and prevent the spread of viruses and malware;
allow you to participate in social and interactive features with others in the Game;
to enable you to socialize in the Game environment, for example, by allowing other users to identify you via the "Find other friends" function or through their phone contacts, and will allow your contacts to associate your account (and relating gaming entitlements, including games played and other data (with you);
to ensure that you are old enough to play the Game(as required by law);
allow you to participate in social and interactive features of the Game;
provide you with personalized advertising and promotional emails (with your consent, if this is required by law), namely by sending messages regarding new products, features, enhancements, special offers, upgrade opportunities, contests and events of interest; and
to provide you with location-based services (where those services are available in your jurisdiction and you choose to share your precise location with us, and with your consent, if this is required by law).
4. Who else will access your personal data and how we share your data
Third Party Game Developer
We work with third party game developers, and the third party developer of the Game will have access to your technical data and other data.
Social Networks
If you choose to register to use the Game using your social network account details (e.g. Facebook, Twitter, Instagram, Google, Line or Kakao, etc), you will provide us or allow your social network to provide us with your user name and public profile (including your name, profile picture, gender, networks, user IDs, list of friends, date of birth, email address, and any other data you have set to public on your account).
If you access third-party services, such as Facebook, Instagram, Google, Apple, or Twitter, to login to the Game or to share data about your usage of the Game with others, these third-party services may be able to collect data about you, including data about your activity on the Game, and they may notify your connections on the third-party services about your use of the Game, in accordance with their privacy policies.
To manage the data Nuverse receives about you from a third-party application, such as Facebook, you will need to follow the instructions for the third-party application for updating your data and changing your privacy settings. To review and update data associated with the game profile in certain games, visit the "settings" page in that game.You can also manage some aspects of data collection and use by visiting the "settings" page of your mobile device and reviewing the permissions of each application or "app". Once Nuverse receives your data from a third-party application or your mobile device, that data is stored and used by Nuverse in accordance with this Privacy Policy. You may access and update that data as described herein.
Payment Provider
If you choose to buy virtual items, we will share data with the relevant payment provider to facilitate this transaction. We share a transaction ID to enable us to identify you and credit your account with the correct value in virtual items once you have made the payment.
Advertising Service Providers
We may share data with advertisers and third party measurement companies may collect some of your personal data, for example to show how many and which users of the Game have viewed or clicked on an advertisement. We will also share and/or they may collect non-personal and personal data e.g. IDFA, IP address, time zone settings, browser type, language, operating system, network connection type and speed, and data regarding the device or hardware you are using to access the Game such as the model and make of your device, you may refer to the advertisers’ privacy policy for more information.
Please note, after clicking on a third party advertisement, you may no longer be on a site hosted by Nuverse or the social network through which you are playing the Game. If you no longer want to receive tailored in-Game advertisements from third parties, you may adjust your privacy settings.
Our third-party analytics providers use this data to help us serve targeted adverts which may be of interest to you (if you have chosen to receive personalized advertising from us and/or our partners). For more data about how our analytics providers collect data from the Game, please see the above section on Cookies.
Service Providers
We provide data and content to service providers who support our business, including but not limited to cloud service and data storage providers, maintenance service providers, customer service providers, and technical support providers who enhance game operations, improve the Game experience, conduct debugging, analytics and provide general support services. We contractually require these third party service providers to maintain the confidentiality of the data we share with them, and we require them not use your data for anything other than to provide services on our behalf.
Our Corporate Group
We may also share your data with other members, subsidiaries, or affiliates of our corporate group, to provide the Game including improving and optimizing the Game, preventing illegal use, and supporting users.
Law Enforcement
We may share your data with law enforcement agencies, public authorities or other organizations if legally required or permitted to do so, or based on our legitimate business interests if such use is reasonably necessary to:
comply with a legal obligation, process or request Nuverse is not required to question or contest the validity of any legal process, search warrant, subpoena or other similar governmental request that it may receive);
enforce our Terms of Service and other agreements, policies, and standards, including investigation of any potential violation thereof;
detect, prevent or otherwise address security, fraud or technical issues; or
protect and defend the rights, property or safety of us, our users, a third party or the public as required or permitted by law (including exchanging data with other companies and organizations for the purposes of fraud protection and credit risk reduction).
Social Features of the Game
If you choose to engage in the social features of the Game (e.g. sending messages to others), you should be aware that any data you share may be read, collected, or used by other users. You should use caution in disclosing personal data while engaging. We are not responsible for the data you choose to share with other players.
Sale or Merger
We will also disclose your data to third parties:
in the event that we sell or buy any business or assets (whether a result of liquidation, bankruptcy or otherwise), in which case we will disclose your data to the prospective seller or buyer of such business or assets; or
if we sell, buy, merge, are acquired by, or partner with other companies or businesses, or sell some or all of our assets. In such transactions, user data may be among the transferred assets.
5. International data transfers
The personal data that we collect from you may be transferred to, and stored at, or otherwise processed in a destination outside of your jurisdiction of residence. Please see the jurisdiction-specific terms at the end of this privacy policy for further information relevant to your jurisdiction.
6. Your Rights
You may have the following rights under applicable laws:
The right to request free of charge (i) confirmation of whether we process your personal data and (ii) access to a copy of the personal data retained;
The right to request proper rectification or removal of your personal data or restriction of the processing of your personal data; and
The right to object to processing your personal data for the purposes of sending you promotional messages.
Before we can respond to a request to exercise one or more of the rights listed above, you may be required to verify your identity or your account details.
Depending on your jurisdiction, you may have additional rights. Please see the jurisdiction-specific provisions at the end of this Privacy Policy.
Please send an e-mail to [cs@roxnextgeneration.com] if you would like to exercise any of your rights. We will respond to your request consistent with applicable law and subject to proper verification.
In addition:
You may be able to refuse or disable Cookies by adjusting your browser settings. Because each browser is different, please consult the instructions provided by your browser. Please note that you may need to take additional steps to refuse or disable certain types of Cookies. For example, due to differences in how browsers and mobile apps function, you may need to take different steps to opt out of Cookies used for targeted advertising in a browser and to opt out of targeted advertising for a mobile application, which you may control through your device settings or mobile app permissions. In addition, your opt-out selection is specific to the particular browser or device that you are using when you opt out, so you may need to opt-out separately for each browser or device. If you choose to refuse, disable, or delete Cookies, some of the functionality of the Game may no longer be available to you.
You may opt out of receiving advertising and/or marketing communications by following the instructions in such communications or by using options provided in the game settings.
Your mobile device may include a feature that allows you to opt out of some types of targeted advertising ("Limit Ad Tracking" on iOS and "Opt out of Interest-Based Ads" on Android).
You can switch off GPS location data functionality on your mobile device if you do not wish to share GPS data.
Some browsers transmit "do-not-track" signals to websites. Because of differences in how browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. We currently do not take action in response to these signals.
If you have registered for an account, you may access, review, and update certain personal data that you have provided to us by logging into your account and using available features and functionalities.
If you want to remove your contacts stored by us, follow the instructions provided in the game to request that we remove them from our systems. If you need to enter a password to allow us to access your address book, we will not store that password.
7. The security of your personal data
We take steps to ensure that your data is treated securely and in accordance with this policy. Unfortunately, the transmission of data via the internet is not completely secure. Although we will do our best to protect your personal data, for example, by encryption, we cannot guarantee the security of your data transmitted via the Game; any transmission is at your own risk.
We will, from time to time, include links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Because Nuverse cannot control the activities of third parties, it cannot accept responsibility for any use of your personal data by such third parties, and it cannot guarantee that they will adhere to the same privacy and security practices as Nuverse. Please check these policies before you submit any data to these websites.
8. How long do we keep your personal data
We retain your data for as long as it is necessary to provide you with the service so that we can fulfill our contractual obligations and rights in relation to the data involved. However, there are occasions where we are likely to keep this data for longer in accordance with our legal obligations or where it is necessary for the establishment, exercise or defense of legal claims.
9. Data relating to children
The Game is not directed at children under the age of 13 and we do not knowingly collect or solicit personal data from children under 13. If you believe that we have personal data about or collected from a child under the relevant age, please contact us at [cs@roxnextgeneration.com] and we will ensure that it is deleted.
10. Complaints
In the event that you wish to make a complaint about how we process your personal data, please contact us in the first instance at [cs@roxnextgeneration.com] and we will endeavor to deal with your request as soon as possible. This is without prejudice to your right to launch a claim with the relevant data protection authority.
11. Changes
We will generally notify all users of any material changes to this policy, through a notice provided via the Game and providing any other notice required by applicable law. However, you should look at this policy regularly to check for any changes. We will also update the "Last Updated" date at the top of this policy, which reflects the effective date of such policy. Your continued access to or use of the Game after the date of the updated policy constitutes your acceptance of the updated policy. If you do not agree to the updated policy, you must stop accessing or using the Game.
12. Translations
In the event of any conflict or inconsistency between the terms in the English and any translation thereof in any other language, the English version shall prevail.
13. Contact
Questions, comments and requests regarding this policy should be addressed to [cs@roxnextgeneration.com].
Supplemental Terms - Jurisdiction-Specific
In the event of a conflict between the provisions of the Supplemental Terms - Jurisdiction - Specific that are relevant to your jurisdiction from which you access or use the Services, and the rest of policy, the relevant jurisdictions’ Supplemental Terms - Jurisdiction - Specific will supersede and control.
EUROPEAN JURISDICTIONS
Germany
Questions, comments and requests regarding this policy should be addressed to [cs@roxnextgeneration.com].
In the Summary, under How will we notify you of any changes to this Privacy Policy?, the following sentence shall be deleted:
By accessing the Game, you acknowledge that you have read this policy and that you understand your rights in relation to your personal data and how we will collect, use and process it.
Section 11 (Changes) is modified to delete the sentence:
Your continued access to or use of the Game after the date of the updated policy constitutes your acceptance of the updated policy.
EEA, UK and Switzerland
In Section 2 (Cookies), the following shall be added:
We will only make use of Cookies to obtain and share your data if you provide your express consent. You may withdraw your consent at any time and such withdrawal shall not affect the lawfulness of the processing based on consent before its withdrawal.
In Section 3 (How we use your data), the following shall be added:
• With your consent, we will use your data (including ad identifiers, age, region, gender, language, data related to your use of the Game and interactions with others, messages including content of the message and data about when the message has been sent, received and/or read, as well as the participants of the communication, username and public profile) to:
￮ conduct surveys as outlined in the body section of this privacy policy including telling you about services and opportunities;
￮ collect and process, which includes scanning and analyzing, data you provide in the context of composing, sending, or receiving messages through the Game messaging functionality. That data includes the content of the message and data about when the message has been sent, received and/or read, as well as the participants of the communication;
￮ monitor and record customer support communication, phone conversations or chat sessions with our representatives;
￮ access posts to your social media walls, posts in your news feed and access your social network data at any time, including any of your favorite websites, friend data or fan pages and any other data included in your application, social network or online profile, even if you are not using the social network or you chose not to make that data public;
￮ provide you with personalized advertising. Please see the section entitled "Advertising Service Providers" for more information. You can manage 'Personalized Ads' via your Game settings;
￮ collect and process certain technical data, namely list of installed packages and running apps or processes and third-party apps you have on your device;
￮ collect data about your location. In certain jurisdictions, with your permission, we will collect Global Positioning System (GPS) data and mobile device location data based on your SIM card;
￮ find other users and invite your friends in your preferred social networks as outlined in the body section of this privacy policy and to show descriptions of your game activity and game profile to other players on the social network, regardless of whether they are your social network friends or not;
￮ supplement personal data provided directly by you with either non-personal or public data from third parties in connection with market and demographic studies and/or data that Nuversemay use, or to ask third-party service providers to supplement the personal data that you provide to Nuverse for its own marketing and demographic studies, and to tie individual customer data to data you provide to Nuverse.
￮ to send you direct marketing via email or SMS; and
￮ use cookies as outlined under section 2.
You may withdraw your consent at any time and such withdrawal shall not affect the lawfulness of the processing based on consent before its withdrawal.
The following shall be added to section 5 - International data transfers:
The personal data that we collect from you will be transferred to, and stored at, a destination outside of the European Economic Area ("EEA").
Where we transfer your personal data to countries outside the EEA, we do so under the Commission’s model contracts for the transfer of personal data to third countries
(i.e. standard contractual clauses) pursuant to 2004/915/EC or 2010/87/EU (as appropriate). For a copy of these Standard Contractual Clauses, please contact us at [cs@roxnextgeneration.com].
The following shall amend section 6 - Your Rights:
• Right to request access to your personal data: You have the right to obtain from us confirmation as to whether or not personal data concerning you is processed, and, where that is the case, to request access to the personal data. The access information includes - inter alia - the purposes of the processing, the categories of personal data concerned, and the recipients or categories of recipient to whom the personal data have been or will be disclosed. However, this is not an absolute right and the interests of other individuals may restrict your right of access.
You have the right to obtain a copy of the personal data undergoing processing free of charge. For further copies requested by you, we may charge a reasonable fee based on administrative costs.
• Right to request rectification: You have the right to obtain from us the rectification of inaccurate personal data concerning you. Depending on the purposes of the processing, you may have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
• Right to request erasure (right to be forgotten): You have the right to obtain from us the erasure of personal data concerning you and we may be obliged to erase such personal data.
• Right to request restriction of processing: You have the right to obtain from us that we restrict the processing of your personal data. In this case, the respective data will be marked and may only be processed by us for certain purposes.
• Right to data portability: Where processing of your personal data is either based on your consent or necessary for the performance of a contract with you and processing is carried out by automated means, you have the right to receive the personal data concerning you in a structured, commonly used and machine-readable format or to have your personal data transmitted directly to another company, where technically feasible;
• Right to withdraw consent: Where the processing of your personal data is based on your consent, you have the right to withdraw your consent at any time without impact to data processing activities that have taken place before such withdrawal;
• Automatic decision making: You have the right not to be subject to any automatic individual decisions, including profiling, which produces legal effects on you or similarly significantly affects you unless we have your consent, this is authorized by EU or EU Member State law or this is necessary for the performance of a contract;
• Right to Object: You have the right to object to processing if we are processing your personal data on the basis of our legitimate interest unless we can demonstrate compelling legitimate grounds which may override your right. If you object to such processing, we ask you to state the grounds of your objection in order for us to examine the processing of your personal data and to balance our legitimate interest in processing and your objection to this processing; and
• Right to complaint: You have the right to lodge complaints before the competent data protection authority.
These rights might be limited under applicable national data protection law.
Please send an e-mail to [cs@roxnextgeneration.com] if you would like to exercise any of your rights. We will respond to your request consistent with applicable law and subject to proper verification.
Section 8 (How long we keep your personal data) is modified to add:
Where we do not need your data in order to provide the service to you, we retain it only for so long as we have a legitimate business purpose or other valid legal basis for keeping such data.
Section 9 (Information relating to children) shall be replaced with the following:
The Game is not directed at children under the age of 16 and we do not knowingly collect or solicit personal data from children under 16. If you believe that we have personal data about or collected from a child under the relevant age, please contact us at [cs@roxnextgeneration.com] and we will ensure that it is deleted.
ASIA-PACIFIC JURISDICTIONS
Australia
The following definition shall apply to the Privacy Policy:
*"**Personal data" means "personal information" as defined in the *Privacy Act 1988 (Cth), i.e., information or an opinion, whether true or not, and whether recorded in a material form or not, about an identified individual, or an individual who is reasonably identifiable.
The following shall be added to Section 5 - International data transfers:
The personal data that we collect from you will be transferred to, and stored at, a destination outside of Australia, in particular in Singapore and the United States of America.
The following shall replace Section 12 - Contact:
If you have any questions about the Privacy Policy, or would like to complain about a breach of the Australian Privacy Principles, or are concerned about the handling of your personal data, please contact the privacy officer at [cs@roxnextgeneration.com]. You have the right to access your personal data and seek correction of it. Please contact the privacy officer on the details provided in this Privacy Policy if you wish to access your personal data and/or seek correction of your personal data. If you are not satisfied with the response or do not receive a response within a reasonable time frame, you may have the right to take your complaint to the Office of the Australian Information Commissioner (OAIC). Current contact details for the OAIC are available on the OAIC’s website at www.oaic.gov.au.
New Zealand
The following sentence should be added to the end of Section 5 (International Data Transfers):
Where we send your personal data to a jurisdiction outside of New Zealand, we will ensure that your personal data will be protected by security safeguards comparable to New Zealand law while in that foreign jurisdiction. If your personal information will not be protected by security safeguards comparable to New Zealand law while in that foreign jurisdiction, we will inform you that this is the case, and only transfer your personal information with your consent.
Hong Kong
Section 3 (How we use your personal data) is modified to add:
We intend to use your personal data (name and email address) for promotional marketing purposes, namely to send you messages concerning new products, features, enhancements, special offers, upgrade opportunities, contests and events of interest in relation to the Game. We require your express consent (for use) and written consent (for transfer) before we do so.
We will not transfer your personal data to other parties for gain.
Japan
The following shall be added to Section 5 - International data transfers:
The personal data that we collect from you will be transferred to, and stored at, a destination outside of Japan, in particular in Singapore and the United States of America.
Macau
In Section 1 (The types of personal data we use), the first sentence of the second paragraph is modified to read: "You expressly consent that we will collect and use the following data about you:".
In Section 3 (How and for what purpose we use your personal data), the first sentence is modified to read: "You expressly consent that we may use the data we collect about you in the following ways:".
In Section 4 (How we share your personal data), the first sentence is modified to read: "You expressly consent that we will share your data with the following selected third parties:".
Section 5 (International data transfers) shall be modified as follows:
You expressly consent that the personal data that we collect from you may be transferred to, and stored at, or otherwise processed in a destination outside of your jurisdiction of residence. These jurisdictions include Singapore and the United States of America. The list of jurisdictions may be supplemented from time to time in accordance with Section 11 of this Policy.
In Section 6 (Your rights), the following sentence: "The right to object to processing your personal data for the purposes of sending you promotional messages" shall be deleted and replaced with the following:
• "The right to object prior to and during our usage of your personal data for direct marketing purposes."
South Korea
Section 3 (How we use your personal data) is modified as follows:
We intend to use your personal data (name and email address) to send you promotional messages concerning new products, features, enhancements, special offers, upgrade opportunities, contests and events of interest in relation to the Game. We require your express consent before we do so.
Section 4 (How we share your personal data) shall be modified as follows:
We share your data with the following selected third parties:
Service Providers
We provide data and content to service providers who support our business, such as cloud service and data storage providers, and technical support providers who enhance game operations, improve the Game experience,conduct debugging, and provide general support services. Details of the service providers are as follows:
Service Provider Purpose
Google enable users to log in via Google account and to use Google Play purchase
Apple enable users to log in via Apple ID account and use Apple iTunes purchase
Facebook enable users to log in via Facebook account
Section 8 (How long we keep your personal data) shall be replaced with the following:
In principle, we will promptly destroy your personal data in our possession once we achieve the purpose of collection and use of your personal data.
Procedure and Method for Destruction of Personal Data
In principle, we will promptly destroy your personal data in our possession once we achieve the purpose of collection and use of your personal data.
Your personal data will be destroyed after storage for a certain period pursuant to our internal policy or applicable laws and regulations (please refer to the provisions on retention and use period). Personal data stored in electronic file format will be deleted by using technical means that will not allow data recovery.
Section 9 (Data relating to children) shall be replaced with the following:
The Game is not directed at children under the age of 14 and we do not knowingly collect or solicit personal data from children under 14. If you believe that we have personal data about or collected from a child under the relevant age, please contact us at [cs@roxnextgeneration.com] and we will ensure that it is deleted.
For children under the age of 14, their legal guardians have the right to exercise the rights of their children with respect to data protection.
Taiwan
Section 5 (International data transfers) shall be modified as follows:
"The personal data that we collect from you may be transferred to, and stored at, or otherwise processed in destination outside of your jurisdiction of residence, including Singapore and the United States."
The following wording shall be added to Section 6 - Your rights:
• "The right to request the cessation of the collection, processing or use of your personal data."
Thailand
The first paragraph of section 6 (Your Rights) shall be replaced with the following:
You may have the following rights under applicable laws:
• Right to request access to your personal data: You have the right to request access to and obtain a copy of the personal data we have about you, including to request from us information regarding how we acquired personal data which we obtained without your consent.
• Right to data portability: Where processing of your personal data is either based on your consent or necessary for the performance of a contract with you, in a structured, commonly used machine-readable format and processing is carried out by automated means, you have the right to receive a copy of the personal data concerning you in such format, or to have your personal data transmitted directly to another party;
• Right to object: You have the right to object to processing in certain cases, including when we use your personal data for direct marketing purposes;
• Right to request erasure (right to be forgotten): You have the right to obtain from us the erasure of personal data concerning you and we may be obliged to erase such personal data.
• Right to request restriction of processing: You have the right to restrict the collection, use and disclosure of your personal data. This enables you to ask us to suspend the collection, use and disclosure of your personal data in certain cases;
• Right to request rectification: You have the right to rectify personal data we hold about you which are inaccurate, outdated, incomplete, and misleading.
• Right to withdraw consent: Where the processing of your personal data is based on your consent, you have the right to withdraw your consent at any time without impact to data processing activities that have taken place before such withdrawal;
• Right to complaint: You have the right to lodge complaints before the competent data protection authority."
The following shall be added to Section 5 (International data transfers):
"Some of the recipients we may share your personal data with may be located outside Thailand, where the data protection standards in those destination countries may or may not be equivalent to Thailand. In such case, we take necessary steps to ensure the appropriate safeguards are in place, and oblige the recipients to protect your personal data in accordance with this policy. We will separately obtain your consent for international data transfer, where consent is required under applicable law."
The following shall be added to section 9 (Data relating to children):
"For individuals under 20 years of age, we do not offer targeted and personalized ads to you and you will not receive direct marketing communications about third party products and services. "
Indonesia
In the Summary, under "How will we notify you of any changes to this Privacy Policy?", the following sentences shall be deleted: "However, you should look at this policy regularly to check for any changes. By accessing the Game, you acknowledge that you have read this policy and that you understand your rights in relation to your personal data and how we will collect, use and process it."
The following clause shall be added to Section 1 (The types of personal data we use): "When you provide us with your personal data, we will send a verification link to the email address you provided in our service to ensure the accuracy of personal data."
The first sentence in Section 3 (How and for what purpose we use your personal data) shall be replaced with: "Upon obtaining your expressed consent, we may use the data we collect about you in the following ways: …"
The first sentence in Section 4 (How we share your personal data) shall be replaced with: "We share your data that is disclosed to and given consent by you, with the following selected third parties:…"
Section 5 (International data transfers) shall be replaced with the following:
"The personal data which you provide to us may be stored, processed, transferred between, and accessed in a destination outside of Indonesia which have laws and regulations that may not guarantee the same level of protection of personal data as Indonesia. However, we will take reasonable steps to ensure that your personal data is handled in accordance with this Privacy Policy, regardless of where your personal data is stored or accessed from.
Section 9 (Data relating to children) shall be replaced with the following:
"The Game is directed toward and designed for use by persons aged 21 or older. We do not intend to collect personal data from children under 21 years of age, except on some sites specifically directed to children. If you are reviewing these terms as the parent/legal guardian of a user who is under the age of 21, you hereby declare that such user is above the age of 13 and that you have read and acknowledged Nuverse Privacy Policy and Terms of Use and agree to the use by your child of the game and registration for an account. Further, if you believe that we have personal data about or collected from a child under the relevant age, please contact us at [cs@roxnextgeneration.com] and we will ensure that it is deleted."
The following sentences under Section 11 (Changes) should be deleted: "However, you should look at this policy regularly to check for any changes." "Your continued access to or use of the Game after the date of the updated policy constitutes your acceptance of the updated policy."
The following to be added to the end of the Privacy Policy:
"If you agree for us to use your personal data as elaborated in this Privacy Policy, please confirm by checking the box."
Singapore
The following shall be added to Section 5 (International data transfers):
"We shall ensure that any personal data transferred to a jurisdiction outside of Singapore will be provided a standard of protection to personal data so transferred that is comparable with the protection under the Personal Data Protection Act 2012."
Section 6 (Your Rights) shall be deleted and replaced as follows:
"You may have the following rights under applicable laws:
• The right to request (i) confirmation of whether we process your personal data and (ii) access to a copy of the personal data retained for a reasonable fee;
• The right to request proper rectification of your personal data;
• The right to withdraw consent to processing of your personal data, including the use of your personal data for the purposes of sending you promotional messages. We may continue to process your personal data if we are permitted to do so without your consent under applicable law.
Before we can respond to a request to exercise one or more of the rights listed above, you may be required to verify your identity or your account details.
Please send an e-mail to [cs@roxnextgeneration.com] if you would like to exercise any of your rights. We will respond to your request consistent with applicable law and subject to proper verification."
Malaysia
The following sentence shall be added in the second paragraph of the Privacy Policy before "If you do not agree with this policy, you should not play the Game":
"By accessing the Game or providing us with your personal information, you consent to your personal data being collected, stored, used, processed and disclosed asset out in this policy, including the transfer of your personal data outside of Malaysia."
The following shall be added to Section 5 (International data transfers):
"You hereby expressly consent that the personal data that we collect from you may be transferred to, and stored at, a destination outside of Malaysia. For the places where the personal data is transmitted, retained or processed outside of Malaysia, we will take reasonable measures to protect that personal data."
The first paragraph of Section 6 (Your rights) before "Before we can respond to a request to exercise one or more of the rights listed above, you may be required to verify your identity or your account details" shall be deleted in its entirety and replaced with the following:
"You may have the following rights under applicable laws:
• The right to request free of charge (i) confirmation of whether we process your personal data and (ii) access to a copy of the personal data retained;
• The right to request proper rectification or removal of your personal data or restriction of the processing of your personal data, including personal data relating to other persons who may be identified from that personal data; and
• The right to object to processing your personal data for the purposes of sending you promotional messages."
Section 12 (Contact) shall be deleted in its entirety and replaced with the following:
"Questions, comments and requests regarding this policy should be addressed to [cs@roxnextgeneration.com]."
Philippines
The following is added to the "Summary":
If you are a resident of the Philippines, the applicable privacy laws shall include the Data Privacy Act of 2012 (Republic Act No.10173), its Implementing Rules and Regulations, and issuance of the National Privacy Commission.
The following is added to Section 6 (Your Rights):
Right to complaint: You have the right to lodge complaints before the National Privacy Commission.
The following shall replace Section 12 (Contact):
If you have any questions about the Privacy Policy, or would like to complain about a violation of the Data Privacy Act of 2012, or are concerned about the handling of your personal data, please contact the data protection officer (DPO) at [cs@roxnextgeneration.com]. You have the right to access your personal data and seek correction of it. Please contact the DPO on the details provided in this Privacy Policy if you wish to access your personal data and/or seek correction of your personal data. If you are not satisfied with the response or do not receive a response within a reasonable time frame, you have the file a complaint with the National Privacy Commission (NPC). Current contact details for the NPC are available on the NPC’s website at www.privacy.gov.ph.
Vietnam
Section 3 (How we use your personal data) is modified to add:
"We intend to use your personal data for promotional marketing purposes, including to send you promotional messages concerning new products, features, enhancements, special offers, upgrade opportunities, contests and events of interest in relation to the Game. We require your express consent to do so."
Section 4 (How we share your personal data), the first sentence is modified to read: "You expressly consent that we may share your data with the following selected third parties:"
The Law Enforcement in this Section shall be replaced with:
“We may share your data with law enforcement agencies, governmental, public and regulatory authorities or other organizations (whether in Singapore or another jurisdiction) if legally required or permitted to do so under applicable laws, or pursuant to any court order, or based on our legitimate business interests if such use is reasonably necessary to:
• comply with a legal obligation, process or request by any law enforcement agencies, governmental, public and regulatory authorities (whether in Singapore or another jurisdiction) or any court order, subpoena or search warrant (Nuverse is not required to question or contest the validity of any legal process, search warrant, subpoena or other similar governmental request that it may receive);
• enforce our Terms of Service and other agreements, policies, and standards, including investigation of any potential violation thereof;
• detect, prevent or otherwise address security, fraud or technical issues;
• or protect and defend the rights, property or safety of us, our users, a third party or the public as required or permitted by law (including exchanging data with other companies and organizations for the purposes of fraud protection, anti-money laundering prevention, “know your client” checks and credit risk reduction).”
Section 5 (International data transfers), the first sentence is modified to read: "You expressly consent that the personal data we collect from you may be transferred to, and stored at, or otherwise processed in a destination outside of your jurisdiction or residence."
Section 6 (Your Rights), the following shall be added:
The right to object to the processing of your personal data by third parties.
Section 9 (Data relating to children) shall be replaced with the following:
The Game is not directed at children under the age of 16 and we do not knowingly collect or solicit personal data from children under 16. If you are reviewing these terms as the parent/legal guardian of a user who is under the age of 16, you hereby declare that such user is above the age of 13 and that you have read and acknowledged Nuverse Privacy Policy and Terms of Use and agree to the use by your child of the game and registration for an account. Further, if you believe that we have personal data about or collected from a child under the relevant age, please contact us at [cs@roxnextgeneration.com] and we will ensure that it is deleted.".
THE AMERICAS
Canada
The following shall be added to Section 5 - International data transfers:
The personal data that we collect from you will be transferred to, and stored at, a destination outside of Canada, in particular in Singapore and the United States of America for the purposes stated under this Privacy Policy. We may disclose your personal data to foreign law enforcement and national security authorities in such jurisdictions in accordance with this Privacy Policy.
The following shall replace Section 12:
Contact
If you have any questions, comments and requests regarding this policy, or would like to obtain written information about the organization’s policies and practices with respect to service providers outside of Canada, please contact [cs@roxnextgeneration.com].
The data protection officer for us can be contacted as follows: [cs@roxnextgeneration.com].
USA
Data relating to children
Section 9 (Data relating to children) is modified to add:
Nuverse respects the privacy of parents and children, and is committed to complying with the Children’s Online Privacy Protection Act ("COPPA"). If a parent believes that his or her child under the age of 13 has submitted personal data to Nuverse, he or she can contact us via email: [cs@roxnextgeneration.com].
Supplemental California Disclosures
In this section, we disclose information about our data processing practices as required by the California Consumer Privacy Act of 2018 ("CCPA"). These disclosures are addressed only to residents of the State of California. These disclosures do not reflect our collection, use or disclosure of California residents’ personal information where an exception under the CCPA applies.
For the purpose of these supplemental disclosures, personal data as used in the Privacy Policy, shall have the same meaning as "personal information" under the CCPA.
A. Right to Know about Personal Information Collected, Disclosed or Sold
You have the right to request that we disclose what personal information we collect, use, disclose and sell about you specifically ("right to know"). To submit a request to exercise the right to know, please submit an email request to [cs@roxnextgeneration.com] and include "California Request to Know" in the subject line. Please specify in your request the details you would like to know, including any specific pieces of personal information you would like to access.
We will ask that you provide certain information to verify your identity. The information that we ask you to provide to verify your identity will depend on your prior interactions with us and the sensitivity of the personal information at issue. We will respond to your request in accordance with the CCPA. If we deny your request, we will explain why.
B. Our Personal Information Handling Practices over the Past 12 Months
We have set out below categories of personal information we have collected about California residents in the preceding 12 months. For each category of personal information we have collected, we have included the reference to the enumerated category or categories of personal information in California Civil Code § 1798.140(o)(1) that most closely describe such personal information.
Category of personal information Corresponding reference to category of personal information under CCPA definition of personal information (Cal. Civ. Code § 1798.140(o)(1))
Name (A) Name
Gender (B) Information that relates to a particular individual
User ID (A) Unique personal identifier
Age (B) Information that relates to a particular individual
Language (B) Information that relates to a particular individual
Email address (A) Email address
Telephone number (B) Telephone number
Information you disclose in your user profile, information you voluntarily elect to provide in order to customize gameplay, information you share on message boards and via in-game communications, and information on your social network account you choose to share with us (B) Information that relates to a particular individual
Profile photograph or video (H) Audio, visual, or similar information.
Purchase history (D) Commercial information
Payment information (B) Credit card number, debit card number, or any other financial information
Login history and information about how you engage and interact with the Game and other players (F) Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an internet website, application, or advertisement
Preferences (K) Inferences reflecting the individual’s preferences and characteristics.
IP address (A) Internet protocol address
Location (G) Geolocation data
Information about your device, browser and network, including your mobile carrier, time zone settings, device model, network type, device ID, operating system, installed packages and running apps or processes, file names and types, Android ID, Google Advertising ID, and MAC address (F) Internet or other electronic network activity information
Feedback and survey responses (D) Commercial information, including histories and tendencies
We collect such information from you or your device. If you choose to provide us with information through your social network account, we also collect information about you from the provider of that social network. We may also collect information about your interests, preferences and characteristics from advertising networks and publicly available sources for the purposes of targeting advertising at you. We use your personal information for the purposes set forth in Section 3 of the Privacy Policy above.
In the past 12 months, we disclosed the above categories of personal information to our affiliated and unaffiliated service providers for the purposes listed in our Privacy Policy. If you direct us to share your personal information with other specified third parties, we may disclose information about you with these third parties for the purposes described in your directions. We may also disclose personal information to the recipients described in Section 4 of the Privacy Policy above.
We do not sell, and in the preceding 12 months did not sell, California residents’ personal information. We do not have actual knowledge that we sell the personal information of minors under 16 years of age.
C. Right to Request Deletion of Personal Information
You have a right to request the deletion of personal information that we collect or maintain about you. To submit a request to delete personal information, please submit an email request to [cs@roxnextgeneration.com] and include "California Request to Delete" in the subject line. Please specify in your request the personal information about you that you would like to have deleted, which can be all of your personal information as required by the CCPA.
We will ask that you provide certain information to verify your identity. The information that we ask you to provide to verify your identity will depend on your prior interactions with us and the sensitivity of the personal information at issue. Once confirmed, we will respond to your request in accordance with the CCPA. If we deny your request, we will explain why.
D. Right to Non-Discrimination for the Exercise of CCPA Rights
You may not be discriminated against because you exercise any of your rights under the CCPA in violation of California Civil Code § 1798.125.
E. Right to Information about Direct Marketing Disclosures
Once a calendar year, you may be entitled to obtain information about personal information that we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information, as well as the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year. To request a notice, please submit your request to [cs@roxnextgeneration.com].
F. Authorized Agent
You can designate an authorized agent to make a request under the CCPA on your behalf if:
• The authorized agent is a natural person or a business entity registered with the Secretary of State of California; and
• You sign a written declaration that you authorize the authorized agent to act on your behalf.
If you use an authorized agent to submit a request to exercise your right to know or your right to request deletion, please have the authorized agent take the following steps in addition to the steps described in subsections A, C and D above:
• Mail a certified copy of your written declaration authorizing the authorized agent to act on your behalf to Suite 1113A, 11/F., Ocean Centre, Harbour City, 5 Canton Rd, Tsim Sha Tsui, Kowloon, Hong Kong; and
• Provide any information we request in our response to your email to verify your identity. The information that we ask you to provide to verify your identity will depend on your prior interactions with us and the sensitivity of the personal information at issue.
If you provide an authorized agent with power of attorney pursuant to Probate Code sections 4000 to 4465, it may not be necessary to perform these steps, and we will respond to any request from such authorized agent in accordance with the CCPA.
Uruguay
In the "Summary", the paragraph under How and for what purpose will we use the data about you? should be amended as follows:
"We use your data to provide the Game to you and to improve and administer it. We may also use your data to, among other things, improve and develop the Game and ensure your safety. You agree that we may also use your personal data to serve you targeted advertising and promote the Game and other products and services. You will be able to withdraw your consent at any time."
In Section 1 (The types of personal data we use), the paragraph under Surveys in "ehavioral and Use Data", the following sentence will be added:
"You will be able to exercise the right to block your personal data regarding advertising activities and withdraw your consent."
Under Section 6 (Your rights), the first paragraph is supplemented with the following additional rights:
"You may have the following rights under applicable laws:
· Block right: You have the right to block your data from being processed for publicity or data profiling purposes, if we use your personal information for targeting, marketing,analytics and in general for advertising activities.
· The right to obtain from us the deletion of personal data concerning you and we maybe obliged to delete such personal data in case of harming the legitimate interests of third parties, manifest mistake and breach of a legal obligation;"
Section 9 (Data relating to children) is amended as follows:
"The Game is not directed at children under the age of 18 and we do not knowingly collect or solicit personal data from children under 18. If you are under the age of 18, please have your parent or legal guardian read this with you. If you are reviewing these terms as the parent/legal guardian of a user who is under the age of 18, you hereby declare that such user is above the age of 13 and that you have read and acknowledged Nuverse Privacy Policy and Terms of Use and agree to the use by your child of the game and registration for an account. Further, if you believe that we have personal data about or collected from a child under the relevant age, please contact us at [cs@roxnextgeneration.com] and we will ensure that it is deleted."
Colombia
The introduction shall be amended as follows:
"The following definitions shall be taken into account for Colombia:
a. Data Base: Organized set of personal data that is processed.
b. Personal Data: Any information linked or that can be associated to one or more determined or determinable persons.
c. Data Subject: all the individuals whose personal information is processed.
d. Sensitive Personal Data: Personal data that may affect Data Subjects privacy or give rise to discrimination, such as personal data associated with racial or ethnic origin, political orientation, religious or philosophical beliefs, membership of trade unions, social organizations, human rights or that promote the interests of any political party or that guarantee the rights and guarantees of opposition political parties, as well as data concerning health, sex life, and biometric data.
E. Consent: Prior, express and informed authorization granted by the Data Subject to carry out the processing of personal data.
F. Applicable Law: Law 1581 of 2012, Decree 1377 of 2013, Law 1266 of 2008 and other regulations that modify, add or repeal them.
g. Transfer: The transfer of data takes place when the Data Controller in charge of the processing of personal data, located in Colombia, sends the information or personal data to a recipient, who in turn is also a Data Controller for the processing of personal data and is inside or outside the country.
H. Transmission: Processing of personal data that implies the communication of the same within or outside the territory of the Republic of Colombia when the purpose is to carry out processing by a Data Processor on behalf of the Data Controller.
i. Processing: Any operation or set of operations on personal data, such as collection, storage, use, transmission, transfer or deletion.
J. Children or adolescent: person under the age of 18.
k. Data Access Request: "Consults" or "Requests" as mentioned in the Applicable Law."
The following shall be added to Section 1 (The types of personal data we use):
"Sensitive Personal Data. We may collect your sensitive personal data (as defined), if you choose to register using your social network account details (e.g. Facebook, Twitter, Instagram, Google or Apple) and in the context of composing, sending, or receiving direct messages to and from other players, either directly on our websites and apps or to third party social media account and whether by words, voice, video or photos and your communications with us. Please note that according to Colombian law you may or may not consent to the processing of your sensitive personal data. However if you decide not to consent to the processing of your sensitive personal data Nuverse will not be able to fulfill the purposes described in Section 3 (How and for what purpose we use your personal data)."
The following shall be deleted from Section 1 (The types of personal data we use) under the heading "Message Boards and Chat Rooms":
"Any actions you perform with other players are considered public, and are solely at your discretion and you should have no expectation of privacy or confidentiality."
"You should be aware that any personally identifiable data you submit in the course of these public activities can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages."
The following shall be added to Section 2 (Cookies):
"We will only make use of Cookies to obtain and share your data if you provide your express consent. You may withdraw your consent at any time and such withdrawal shall not affect the lawfulness of the processing based on consent before its withdrawal."
The first paragraph of Section 6 (Your rights) shall be supplemented with the following rights under the Colombian Data Privacy Regime:
• The right to request for proof of the consent given for the processing of your personal data;
• The right to be informed, upon request, of the use that has been made of your personal data;
• The right to revoke your consent and/or request the deletion of the data when the processing does not respect the constitutional and legal principles, rights and guarantees; and
• All other rights established under applicable law."
The following shall be added to Section 6 (Your rights):
"For Data Access Requests, we will have ten (10) business days from the business day following receipt of the Data Access Request to provide an answer. If Nuverse is unable to respond to your Data Access Request within that time period, Nuverse will advise you as Data Subject of the situation and explain the reason for the delay. In any event, we will respond to your Data Access Request within five (5) business days of the expiration of the first initial ten (10) day period.
In the case of complaints, we will answer them within fifteen (15) business days from the date the request or inquiry is received. The complaint shall be formulated by means of a request addressed to the Company, and shall include the identification of the Data Subject, description of the facts that give rise to the complaint, your address and supporting documents as attachments. If the complaint is incomplete, we may request that you supplement information as required within five (5) days of our receipt of the claim. After two (2) months from the date of the request, without your submitting the required information, your complaint will be deemed as withdrawn.
If it is not possible for us to respond to the complaint within the above-mentioned time limit, we will inform you of this situation and explain the reason for the delay. In any case, Nuverse will respond to you within eight (8) business days after the expiration of the initial fifteen (15) business days."
The following shall be added to Section 9 (Data relating to children):
"The Game is not directed at children under the age of 18 and we do not knowingly collect or solicit personal data from children under 18. Nevertheless, in the case of children or adolescents above 14 but under the age of 18, parents or legal guardians must consent to the processing of personal data on their behalf. The processing of personal data of children and adolescents over the age of 14 will be carried out taking into account the rights described in Section 6 (Your rights) and respecting the rights established in the Colombian Constitution. Further, if you believe that we have personal data about or collected from a child under the relevant age, please contact us at [cs@roxnextgeneration.com] and we will ensure that it is deleted."
The following shall be added to Section 10 (Complaints):
"Complaints will be resolved following the same procedure established in Section 6 (Your rights)."
Section 11(Changes) shall be amended as follows:
"We will generally notify all users of any material changes to this policy, through a notice provided via the Game and providing any other notice required by applicable law. However, you should look at this privacy policy regularly to check for any changes. We will also update the "Last Updated" date at the top of this policy, which reflects the effective date of such policy. By accessing the Game, you acknowledge that you have read this policy and that you understand your rights in relation to your personal data and how we will collect, use and process it. Your continued access to or use of the Game after our notification to users of the updated policy constitutes your acceptance of the updated policy. If you do not agree to the updated policy, you must stop accessing or using the Game."
Argentina
The following sentence should be added to Section 1 (The types of personal data we use):
"Personal data shall have the meaning set forth by the Argentina Data Protection Law No. 25,326, as amended ("Law"). The personal data we collect and process may include sensitive data, as defined by the Law, when permitted by applicable regulations. By accepting this Privacy Policy, you grant your consent for the collection and processing of sensitive data."
The following paragraphs should be inserted under Section 6 (Your rights):
"Nuverse is responsible for the database where your personal data will be stored, domiciled at Singapore and the United States of America.
The Agencia de Acceso a la Información Pública (i.e. the Argentine Data Protection Authority) is the enforcement authority of the Law in Argentina."
The following sentence should be added to Section 8 (How long do we keep your personal data):
"Your personal data will be destroyed or anonymized after the reasons to retain your personal data as referred to above no longer exist, and in accordance with this Privacy Policy or applicable laws."
Brazil
In the "Summary", under How will we notify you of any changes to this Privacy Policy?, the following sentence shall be deleted:
"By accessing the Game, you acknowledge that you have read this policy and that you understand your rights in relation to your personal data and how we will collect, use and process it."
The following shall be added to Section 3 (How and for what purpose we use your personal data):
"With your consent, we will use your data (including ad identifiers, age, region, gender, language, data related to your use of the Game and interactions with others, messages including content of the message and data about when the message has been sent, received and/or read, as well as the participants of the communication, username and public profile) to:
· Conduct surveys as outlined in the body section of this privacy policy including telling you about services and opportunities;
· Collect and process, which includes scanning and analyzing, data you provide in the context of composing, sending, or receiving messages through the Game messaging functionality. That data includes the content of the message and data about when the message has been sent, received and/or read, as well as the participants of the communication;
· Access posts to your social media walls, posts in your news feed and access your social network data at any time, including any of your favorite websites, friend data or fan pages and any other data included in your application, social network or online profile, even if you are not using the social network or you chose not to make that data public;
·Collect and process certain technical data, namely a list of installed packages and running apps or processes and third-party apps you have on your device; and
· Collect data about your location. In certain jurisdictions, with your permission, we will collect Global Positioning System (GPS) data and mobile device location data based on your SIM card;
·Find other users and invite your friends in your preferred social networks as outlined in the body section of this privacy policy and to show descriptions of your game activity and game profile to other players on the social network, regardless of whether they are your social network friends or not.
You may withdraw your consent at any time and such withdrawal shall not affect the lawfulness of the processing based on consent before its withdrawal."
In Section 6 (Your rights), the first paragraph is supplemented with the following additional rights:
"You may have the following rights under applicable laws:
· The right to request anonymization, restriction of processing or erasure of personal data we process about you that is unnecessary, excessive or processed contrary to applicable law;
· The right to portability of your personal data to another service provider;
· The right to request erasure of personal data that we process based on your consent;
· The right to receive information about the public and private entities with which we share your personal data;
· The right to be advised about your choice not to give consent and the corresponding consequences;
· The right to revoke your consent;
· The right to lodge a complaint with the Brazilian Data Protection Authority;
· The right to oppose to processing of personal data that is not based on your consent in the event processing fails to comply with applicable law."
Section 9 (Data relating to children) is amended as follows:
"The Game is not directed at children under the age of 16 and we do not knowingly collect or solicit personal data from children under 16. If you are 16 years of age or above but below the age of 18, you declare that you had the consent or assistance of your parent or legal guardian to use the Services and to agree to the Nuverse Privacy Policy and Terms of Use. Further, if you believe that we have personal data about or collected from a child under the relevant age, please contact us at [cs@roxnextgeneration.com] and we will ensure that it is deleted."
In Section 11 (Changes), the following sentence shall be deleted:
"By accessing the Game, you acknowledge that you have read this policy and that you understand your rights in relation to your personal data and how we will collect, use and process it."
Section 12 (Contact) is amended as follows:
"The data protection officer for us can be contacted for questions, comments and requests regarding this policy as follows: [cs@roxnextgeneration.com]."
MIDDLE EAST JURISDICTIONS
Bahrain
The following shall amend the first paragraph of Section 6 (Your Rights):
"You may have the following rights under applicable laws:
· Right to request access to your personal data: You have the right to obtain from us confirmation as to whether or not personal data concerning you is processed, and, where that is the case, to request access to the personal data. The access information includes - inter alia - the purposes of the processing, the categories of personal data concerned, and the recipients or categories of recipient to whom the personal data have been or will be disclosed.
· You have the right to obtain a copy of the personal data undergoing processing free of charge.
· Right to request rectification: You have the right to obtain from us the rectification of inaccurate personal data concerning you. Depending on the purposes of the processing, you may have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
· Right to request erasure (right to be forgotten): You have the right to obtain from us the erasure of personal data concerning you and we may be obliged to erase such personal data.
· Right to request restriction of processing: You have the right to obtain from us that we restrict the processing of your personal data. In this case, the respective data will be marked and may only be processed by us for certain purposes.
· Right to data portability: Where processing of your personal data is either based on your consent or necessary for the performance of a contract with you and processing is carried out by automated means, you have the right to receive the personal data concerning you in a structured, commonly used and machine-readable format or to have your personal data transmitted directly to another company, where technically feasible;
·Right to withdraw consent: Where the processing of your personal data is based on your consent, you have the right to withdraw your consent at any time without impact to data processing activities that have taken place before such withdrawal;
·Automatic decision making: You have the right not to be subject to any automatic individual decisions, including profiling, which produces legal effects on you or similarly significantly affects you.
·Right to Object: You have the right to object to processing if we are processing your personal data on the basis of our legitimate interest unless we can demonstrate compelling legitimate grounds which may override your right. If you object to such processing, we ask you to state the grounds of your objection in order for us to examine the processing of your personal data and to balance our legitimate interest in processing and your objection to this processing; and
·Right to complaint: You have the right to lodge complaints before the competent data protection authority.
Section 9 (Information relating to children) shall be replaced with the following:
"The Game is not directed at children under the age of 18 and we do not knowingly collect or solicit personal data from children under 18. If you are under the age of 18, please have your parent or legal guardian read this with you. If you are reviewing these terms as the parent/legal guardian of a user who is under the age of 18, you hereby declare that such user is above the age of 13 and that you have read and acknowledged Nuverse Privacy Policy and Terms of Use and agree to the use by your child of the game and registration for an account. Further, if you believe that we have personal data about or collected from a child under the relevant age, please contact us at [cs@roxnextgeneration.com] and we will ensure that it is deleted."
Israel
In the "Summary", under How will we notify you of any changes to this Privacy Policy?, the sentence "…you acknowledge that you have read this policy and that you understand your rights in relation to your personal data and how we will collect, use and process it", shall be deleted, and replaced inits entirely with the following:
"…you agree to the terms of this privacy policy".
In Section 1 (The types of personal data we use), the first paragraph (before the words "We collect and use…") shall be amended in its entirely, as follows:
"Unless otherwise stated in this policy, the personal data we collect from you or about you is required so that we can perform our contract with you to provide the Game to you as detailed in our Terms of Service. While you are not legally obliged to provide us with your personal data, the provision of certain data is mandatory for the purposes of your access to the Game. Therefore, should you choose to refrain from providing us with certain categories of personal data, as we may require, we may not be able to grant you access to the Game, and/or you may not be able to set-up an account and/or, we will not be able to provide certain aspects of the Game or certain functionalities may be lost. For example, if you do not provide your age data for account set up purposes, we will not be able to grant you access to the Game. If you do not provide your location data, we may not be able to provide certain aspects of the Game service or certain functionalities may be lost. However, you have control over certain kinds of personal data that you can choose to share or to withhold from us, and still be able access the Game, as detailed in this policy. In any event, if you choose to provide us with any categories of personal data, you do so of your own free will and consent".
In Section 1 (Data You Provide to Us, Including Your Profile Data), the following sentence shall be added after the first paragraph:
"Whenever you provide us personal data pertaining your friends, social contacts or any other third party, for any purpose (including, without limitation, when you interact with other players, invite a friend to play the Game, etc.), you are obliged to obtain all necessary and applicable consents from your friends, social contacts or such other third parties, for the transfer of their personal data to us".
In Section 3, (How and for what purpose we use your data), the following shall be added:
"With your consent, we will use your data (including ad identifiers, age, religion, gender, language, data related to your use of the Game and interactions with others, messages including content of the message and data about when the message has been sent, received and/or read, as well as the participants of the communication, username and public profile) to:
Collect and process, which includes scanning and analyzing, data you provide in the content of composing, sending, or receiving messages through the Game messaging functionality, that data includes the content of the message and data about when the message has been sent, received and/or read, as well as the participants of the communication;
Access posts to your social media walls, posts in your news feed and access your social network data at any time, including any of your favorite websites, friend data or fan pages and any other data included in your application, social network or online profile, even if you are not using the social network or you chose not to make that data public;
collect and process certain technical data, namely list of installed packages and running apps or processes and third-party apps you have on your device;
find other users and invite your friends in your preferred social networks as outlined in the body section of this privacy policy and to show descriptions of your game activity and game profile to other players on the social network, regardless of whether they are your social network friends or not;
to send you direct marketing via email or SMS; and
provide direct-mailing services to other parties, by way of transferring lists, labels and data to third parties (including advertising service providers) for their own purposes, that was analyzed and personalized based on your belonging to a group of the population by virtue of one or more characteristics."
In Section 5 (International data transfers), after the sentence "The personal data that we collect from you may be transferred to, and stored at, or otherwise processed in a destination outside of your jurisdiction of residence", the following shall be added:
"…, including in jurisdictions which provide a different level of data security and protection than as provided under Israeli law".
In Section 6 (Your Rights), the first paragraph (before the words "Before we can respond to a request to exercise one or more of the rights listed above …") shall be amended as follows:
"Please note that an Israeli data subject, may have the following rights regarding his/her personal data under Israeli law:
(i) The right to request access to the personal data we hold about you, subject to Israeli law;
(ii) The right to request to rectify or delete your personal data where it is inaccurate, incomplete, unclear or outdated; and
(iii) The right to object to our use of your personal data for direct mailing purposes (this is applicable when we engage and advertise to you with content based on your belonging to a group of the population that is determined by one or more characteristics, or to restrict the use of your personal data for direct mailing services)."
Section 9 (Data relating to children) shall be replaced with the following:
"We not do not knowingly collect or solicit personal data from children under 18 for prohibited purposes under applicable Israeli law. If you are under the age of 18, please have your parent or legal guardian read this with you. If you are reviewing these terms as the parent/legal guardian of a user who is under the age of 18, you hereby declare that such user is above the age of 13 and that you have read and acknowledged Nuverse Privacy Policy and Terms of Use and agree to the use by your child of the game and registration for an account. Further, if you believe that we have personal data about or collected from a child under the relevant age, please contact us at [cs@roxnextgeneration.com] and we will ensure that it is deleted."
Qatar
The following shall replace the first paragraph of Section 6 (Your Rights):
"You have the right at any time to access your personal data and, in particular to:
1- Have us notify you of the processing of your personal data and the purposes for which such processing is conducted and to notify you of any disclosure of inaccurate personal data, subject in each case to any restriction which arises in the relevant circumstances under the applicable law;
2- Obtain a copy of your personal data held by us upon payment of the service fee;
3- Withdraw your consent to the processing of your personal data subject to any overriding requirement of applicable law and provided that such withdrawal shall not affect the lawfulness of the processing based on consent before its withdrawal;
4- Object to the processing of your personal data if that is found to be unnecessary to achieve the purposes for which it was collected or if it is in excess of the requirements, discriminatory, unfair or against the law;
5- Request the deletion or erasure of your personal data in cases 3 and 4 referred to above or upon the achieving of the purpose for which it was processed or if there is no reason for us to keep it; and
6- Request the correction of your personal data, subject to you providing us with reasonable evidence as to the validity of your request.
Section 9 (Information relating to children) shall be replaced with the following:
"We do not knowingly collect or solicit personal data from children under 18. If you believe that we have received personal data about or collected personal data from your child, please contact us at [cs@roxnextgeneration.com] and we will ensure that it is deleted."
Section 10 (Complaints) shall be replaced as follows:
"In the event that you wish to make a complaint about how we process your personal data, please contact us in the first instance at [cs@roxnextgeneration.com] and we will endeavour to deal with your request as soon as possible. This is without prejudice to your right to launch a claim with the relevant data protection authority.
Turkey
Section 2 (Cookies) shall include the following:
"We will only make use of non-essential Cookies to obtain and share your data if you provide your explicit consent. You may withdraw your consent at any time and such withdrawal shall not affect the lawfulness of the processing based on consent before its withdrawal."
Section 3 (How we use your data) shall include the following:
"Based on Article 5(1) of the Turkish Data Protection Law, with your consent, we will use your data (including ad identifiers, age, region, gender, language, data related to your use of the Game and interactions with others, messages including content of the message and data about when the message has been sent, received and/or read, as well as the participants of the communication, username and public profile) to:
conduct surveys as outlined in the body section of this privacy policy including telling you about services and opportunities;
collect and process, which includes scanning and analyzing, data you provide in the context of composing, sending, or receiving messages through the Game messaging functionality. That data includes the content of the message and data about when the message has been sent, received and/or read, as well as the participants of the communication;
monitor and record customer support communication, phone conversations or chat sessions with our representatives;
access posts to your social media walls, posts in your news feed and access your social network data at any time, including any of your favorite websites, friend data or fan pages and any other data included in your application, social network or online profile, even if you are not using the social network or you chose not to make that data public;
provide you with personalized advertising. Please see the section entitled "Advertising Service Providers" for more information. You can manage 'Personalized Ads' via your Game settings;
collect and process certain technical data, namely list of installed packages and running apps or processes and third-party apps you have on your device;
collect data about your location. In certain jurisdictions, with your permission, we will collect Global Positioning System (GPS) data and mobile device location data based on your SIM card;
find other users and invite your friends in your preferred social networks as outlined in the body section of this privacy policy and to show descriptions of your game activity and game profile to other players on the social network, regardless of whether they are your social network friends or not;
supplement personal data provided directly by you with either non-personal or public data from third parties in connection with market and demographic studies and/or data that Nuverse may use, or to ask third-party service providers to supplement the personal data that you provide to Nuverse for its own marketing and demographic studies, and to tie individual customer data to data you provide to Nuverse.
to send you direct marketing via email or SMS; and
use cookies as outlined under section 2.
You may withdraw your consent at any time and such withdrawal shall not affect the lawfulness of the processing based on consent before its withdrawal.
References in this policy to the 'performance of contract' as a legal basis refers to the legal basis under Article 5(2)(c) of the Turkish Data Protection Law, where the processing of your personal data is necessary for and directly related to the establishment and/or performance of our contract with you.
References in this policy to 'our legal obligations' or 'legal requirements' as a legal basis refers to the legal basis under Article 5(2)(ç) of the Turkish Data Protection Law, where the processing of your personal data is mandatory for compliance with our legal obligations under applicable laws; and/or Article 5(2)(a) of the Turkish Data Protection Law, where the processing is expressly laid down in laws.
References in this policy to our 'legitimate interests' or 'legitimate business purposes'as a legal basis refers to the legal basis under Article 5(2)(f) of the Turkish Data Protection Law, where the processing of your personal data is mandatory for our legitimate interests, provided that it does not violate your fundamental rights and freedoms.
References in this policy to 'the establishment, exercise or defense of legal claims' refers to the legal basis under Article 5(2)(e) of the Turkish Data Protection Law, where the processing of your personal data is mandatory for the establishment, exercise or defense of a legal claim."
Section 6 (Your rights) shall be amended as follows:
"You have the following rights with respect to your personal data:
the right to learn whether your personal data is processed
the right to request information with regard to such processing, if it is processed
the right to learn the purposes of the processing and whether your personal data is used for such purpose or not
the right to know the third parties within or outside of Turkey to whom your personal data is transferred
the right to request correction of your personal data if it is incomplete or inaccurate; and the right to request notification of these actions to thirds parties, to whom your personal data is transferred
the right to request deletion, destruction or anonymization of your personal data if the purposes of processing such data cease to exist; and the right to request notification of these actions to thirds parties, to whom your personal data is transferred
the right to object to any consequence to detriment of yourself, as a result of the analysis of your personal data solely by automated means
the right to claim indemnification if you suffer damages due to illegal processing of your personal data
Please send an e-mail to [insert mail] if you would like to exercise any of your rights. Before we can respond to a request to exercise one or more of the rights listed above, you may be required to verify your identity or your account details.
We will respond to your request as soon as possible according to the nature of your request and within thirty days at the latest, free of charge. However, if your request incurs additional cost to us, then you may be charged over the tariff fee determined by the Turkish Personal Data Protection Board. "
Section 9 (Data relating to children) shall be replaced with the following:
"The Game is not directed at children under the age of 18 and we do not knowingly collect or solicit personal data from children under 18. If you are under the age of 18, please have your parent or legal guardian read this with you. If you are reviewing these terms as the parent/legal guardian of a user who is under the age of 18, you hereby declare that such user is above the age of 13 and that you have read and acknowledged Nuverse Privacy Policy and Terms of Use and agree to the use by your child of the game and registration for an account. Further, if you believe that we have personal data about or collected from a child under the relevant age, please contact us at [cs@roxnextgeneration.com] and we will ensure that it is deleted."
Section 11 (Changes) is modified to delete the sentence:
"Your continued access to or use of the Game after the date of the updated policy constitutes your acceptance of the updated policy."
United Arab Emirates
In the "Summary" under How and for what purpose will we use the data about you?, amend the last sentence as follows:
"We may also use your personal data to serve you targeted advertising and promote the Game and other products and services (in each case, if required under applicable law or where we otherwise deem it to be necessary, where we have your consent)."
Under the heading "Surveys" in Section 1 (The types of personal data we use), amend the paragraph as follows:
We collect data through surveys, challenges and competitions in which you may participate including gender, likeness, age and preferences. We also infer your preferences, including your interests, gender and age for the purpose of serving personalized advertising (with your consent, if required under applicable law or where we otherwise deem it to be necessary). We will also process your personal data in order to tell you about services and opportunities.
Under heading "Analytics and Performance Cookies" in Section 2 (Cookies), amend the last sentence of the paragraph as follows:
"We also use third-party analytics tools to help us measure traffic and usage trends for the Services (with your consent if required under applicable law or where we otherwise deem it to be necessary)."
Under heading "Targeting or Advertising Cookies" in Section 2 (Cookies), amend the paragraphs as follows:
"Analytics: As you use the Game, you will notice that it features advertising. We allow third party companies, including advertising companies, to place Cookies in the Game to track the performance of our advertisements (with your consent if required under applicable law or where we otherwise deem it to be necessary). As an example, these Cookies remember which users have used the Game. The information provided to third parties does not include personal information but it may be associated with personal information after we receive it.
Marketing: We may also (with your permission, where required under applicable law) contract with third-party advertising networks that collect IP addresses and other information from the Game, from third party websites and apps. Ad networks follow your online activities and collect information through automated means (such as through the use of Cookies, again, with your consent, if required under applicable law or where we otherwise deem it to be necessary). Ad networks use this information, mainly to serve adverts about products and services that are likely to interest you. We may also partner with third parties to provide certain features in the Game or display advertising based on your web browsing activity. We may also use information from one device to help personalize your experience on another device. For advertising purposes, we may collect your Google Ad ID, Android Ad ID or (where applicable) your IDFA (IDFAs take the place of Cookies in mobile advertising delivered to iOS devices)."