Last Updated: June 2023
Your privacy is important to us and we take our responsibility of caring for it seriously. Our privacy policy is designed to help you understand the types of information that we, Obitus Games, Inc. and its subsidiaries (“Obitus”) collect, how we use and share the personal information we collect about you when you use our products and services or when you attend virtual and live events hosted by or in connection with Obitus (collectively, “Services” or “Obitus Services”). This policy covers our use of information that can or could be used to identify you, but it does not cover information which cannot be used to identify you. This policy applies to all Obitus services that directly reference or link to it but does not apply to Obitus services that link to separate privacy policies. In some cases, our subsidiaries may be considered data controllers, either together with Obitus or by themselves.
1. Categories of information we may collect
The information we may collect depends on what Services you use and how you use them (collectively referred to as “Information”).
A) Information that you give to us
We collect information that you give us directly, such as when you create an Account, set up security questions, make purchases, or contact customer support, such as:
• Your Account information, including your email address, username, real name, country, date of birth, telephone number, password, language and gender;
• Information you provide in response to surveys about our Services, contests and tournaments (both online and offline);
• Information you provide when contacting us and/or seeking help from us, such as your name, telephone number, and records (including call recordings) of the issues you experience; and
• Security questions and answers;
• Billing information, such as your name, payment card number, payment account details, and shipping address.
B) Information we collect when you use the Services
When you use our services we may collect specific information about your device, hardware and software information, IP address, or browser information. We may collect other information automatically across your devices when you use our Services, such as:
• Information about the account you use to access our services, your gameplay, your online status, your service use history, your connections and interactions with other users, the content you share, the date and time of your use or visit, information about the links you click, pages you view, and advertising you interact with within our services, inferences used to create a profile about your preferences and characteristics, standard server log information, and other information about how you use our services;
• Your login and browsing data which is collected to enable the operation and security of the Services, such as Internet service provider, IP address, MAC address, login dates and times, approximate geolocation data (derived from IP or device settings), browser information, referring and exit pages, including pages viewed and other interactions with web content and other unique personal or online identifiers;
• Model, serial number, hardware, and software, such as your hardware identifiers, mobile device and advertising identifiers (like Apple Identifier for Advertising [IDFA] or Android Advertising ID [AAID]), platform type, operating system, performance, settings and components, Obitus software and updates you have installed, and the presence of required plugins;
• Details about what Services you purchase or obtain, and your use of them;
• Device event information, including if you or your device experiences an error, we may collect information about the error, the time the error occurred, the application or features being used, the state of the application when the error occurred, and any communications or content provided at the time the error occurred, crash reports, request and referral URLs, and system activity details (e.g., whether you encountered an error playing our games or lost Internet access); and
• Game data, such as achieved game levels, rewards, rankings, statistics including the game time or the use of the various features as well as the data associated with any bugs and malfunctions;
• Information needed to apply any sanctions if you do not abide by our Terms of Service and/or Codes of Conduct, which are intended to protect our users, employees and more generally our rights, which may include your Account identifier, your game data, your IP address, the identifier of your device and your chat history.
• Other information (such as your name, aliases, and likeness) that you may provide as part of your use of the Services.We also may collect and store information locally on your device, using mechanisms like cookies, browser web storage (including HTML 5), and application data caches.
We also may collect and store information locally on your device, using mechanisms like cookies, browser web storage (including HTML 5), and application data caches.
C) Information Provided to Us by Third Parties
We may receive information about you contained in third-party user accounts when you use the Services on or through third-party gaming platforms, such as Sony, Microsoft, Nintendo, Google, mobile platforms, and/any or third-party authenticators that you use to sign in to our Services. This information may be provided to Obitus as part of establishing or linking an Account, which may be necessary to access the Services. Your use of Obitus Services through these third parties indicates your agreement for the transfer of this information. We never receive your credit card number or other financial information from these third parties as part of establishing or linking an Account. Examples of information we receive are provided below.
• PlayStation®3 system, PlayStation®4 system, & PlayStation®5 console. Sony provides information from your account for PlayStation™ Network such as your Online ID, email address, country, language, friend list, date of birth, and certain preferences.
• Xbox network. Microsoft provides information such as your Gamertag, email address, country, language, friend list, date of birth, and certain preferences.
• Nintendo Switch™. Nintendo provides (as applicable to the device you have) information such as your Mii character, nickname, Nintendo Network ID, Nintendo Account, email address, country, language, friend list, date of birth, and certain preferences.
Social Gaming Platforms. When you use third-party social gaming platforms (such as Discord or Twitch) and link your Account, we may receive information associated with your account on those platforms. Please review the notices presented to you when linking your accounts for details on the information Obitus receives.
Mobile Platforms. If you play or purchase our games on your mobile device or tablet, we receive information about you from the app stores and other mobile platform providers. This information may include your username or device ID and the fact that you made a purchase, as applicable, but does not include any financial information. Some of our mobile platforms may send information to us that you authorize them to provide. Our mobile games also may request additional personal information from you, such as push notification tokens or contact list, however, we will collect this information only if you provide us with permission.
Other Third Parties. We may receive information from other third parties, like Facebook, Instagram, Twitter or Apple Game Center, when you use these services with our games. We may also receive information about you when other players choose to share their contact lists with us or from publicly-available websites.
D) Your Content
Our services may allow you to create, upload or share content such as text, images, audio, video, your nickname and user icon, or other content that you create or is licensed to you. When you use any of our services that include these or other similar capabilities, we may collect your content in accordance with our terms of use and this policy.
E) Your purchases
Some of our services allow you to make purchases. If you use any of our services to make a purchase, we may collect information about the purchase. This may include payment information, such as your credit card number, account authentication information, and contact information like your billing and shipping address.
F) Aggregated and de-identified information
We may aggregate or de-identify the information described above. Because aggregated and de-identified information cannot be used to identify you, it is not subject to this policy.
2. How we use your information
We use your information to deliver, maintain and improve our services, including for the performance of troubleshooting, data analytics, testing, research, statistical analysis and surveys. We also use your information to provide you with services that you request, develop new services, suggest personally relevant features, offer you customized content, allow you to participate in interactive features, manage your account, provide you with tailored advertising, send you promotional materials from us or our affiliates and trusted business partners, keep our services, business and users safe and secure, comply with applicable laws and regulations, prevent fraud, and to protect or exercise our legal rights or defend against legal claims.
Whenever you contact us, we use the information that you provide to us to help resolve issues you might be having when you use our services. We also use information, such as your email address or phone number, to respond to you when you contact us, to let you know about changes to our policies and terms, to let you know about changes or improvements to our services and to inform you about other services that we offer.
We may use cookies, or other similar technologies, on some of the features of our services. Cookies are small files that are typically downloaded to the browser application on your device. We also may permit our third-party service providers to set cookies and similar technologies within our services to perform various analytics functions and to provide you with targeted advertisements that may be relevant to you.
We do not, and will not sell your information to third parties. However, we may permit third-party service providers to collect personal information through some of our services and we share personal information with third party service providers for business purposes as described in this policy, including but not limited to providing advertising on our services and elsewhere based on users’ online activities over time and across different sites, services, and devices.
3. How your information is shared
Depending on where you reside, we may rely on different legal bases to share and process your information.
Our legal basis for processing your personal information varies depending on the type of information we collect, the context in which we collect it, as well as on your country of residence, as indicated when you are setting up any Accounts or, when not signed into an Account, your location as determined by your IP address and/or your device registration country.
If you are a resident of the European Economic Area (EEA) or of a jurisdiction where similar legal requirements may apply such as Brazil, Switzerland, and the United Kingdom, we rely on a number of legal bases to process information about you. We will process information about you where we have your consent, where we have a legitimate interest to do so, where the processing is necessary for the performance of a contract with you, and/or where we have a legal obligation to process your information.
If you are a resident in a territory where our legitimate interests mentioned above are not recognized as a lawful basis under applicable law, we will identify and use other appropriate lawful bases to process your personal information such as contractual necessity or your consent.
We may share your Information with:
• Authorized third-party service providers
We may share some or all of the categories of your personal information, as identified above, with third-party service providers that provide services to us for a variety of business purposes, such as payment processing, customer service, email deployment, advertising and marketing (including counting ad impressions, analyzing website clicks, verifying positioning and quality of ad impressions, ensuring compliance with industry standards, ad delivery, reporting, personalization, audience segmentation, and analytics), security enhancement, fraud prevention, performance monitoring, maintaining or servicing accounts, processing or fulfilling orders and transactions, information hosting, auditing, and information processing.
This may also include technical service providers involved in the supply of the Services (for example, product delivery, promotion of the Services, to act against inappropriate conduct, cheating and toxic behaviour). As subcontractors, these service providers are under the same obligations as Obitus to comply with applicable personal data protection laws.
• Cross Platform-Sharing
Some of our Services may allow you to connect and play with friends and members of a game's community, regardless of what platform they play on. For example, someone on an Xbox could join a match with a player who is using a PlayStation®4 system or PlayStation®5 console. We call this ability to match players across platforms "Cross-Play." When Cross-Play is enabled and you play with someone on another platform, that other platform may receive your platform's ID (such as Xbox Gamertag, or Online ID of your account for PlayStation™ Network) along with other information necessary to enable Cross-Play. In addition, we may provide information regarding your use of Cross-Play features to the platform on which you play our games. If applicable, you can change your Cross-Play preferences by visiting the game's or your platform’s settings menus.
Some of our games may also allow you to continue progress on a game between platforms, as well as enable the ability for your purchases on one platform to be available on another platform. We will share your information with platforms to the extent necessary to enable these features.
Other platforms receiving your information may include Sony (PlayStation®4 system or PlayStation®5 console), Microsoft (Xbox), Nintendo (Nintendo Switch), Valve (Steam), Epic, and additional platforms as they become available for these features. Your information received by these platforms may be subject to their respective privacy notices.
• Corporate affiliates
Obitus subsidiaries involved in providing or administering the Services.
• Legal purposes
We may share your information to comply with legal process, respond to claims or inquiries, enforce our terms, or protect and defend the rights, property or personal safety of our operations, our users, or the public.
• Business transfers
We may share your information as part of a substantial corporate transaction, such as a sale or transfer of company assets, a merger, consolidation, or as otherwise legally permitted.
• Business Partners
We may provide personal information to business partners with whom we jointly offer Services. These partners include the companies that provide the platform on which you play our games, such as Sony (PlayStation®4 system or PlayStation®5 console), Microsoft (Xbox), Nintendo (Nintendo Switch® console) or others.
• Other users and the public
Some of our services allow you to share your information and content with other users or engage in public activities. When you choose to use these services, the information or content that you share, your nickname, your user icon, your online status, your country of residence, your reported age range, and your gameplay information may be visible to Nintendo and its trusted business partners, other users, and in some cases, the public. Please keep in mind, when you use these services, that the information and content that you choose to share may be read, collected, or used by others or the public. You are fully responsible for the information and content that you choose to share in these instances.
• When you access third-party services
If you access third-party services (such as third-party online gaming services and social media services) through our services, these third-party services may be able to collect information directly from you or about you, including information about your activity on our services, and they may notify your connections on the third-party services about your use of our services, in accordance with their own privacy policies.
• With your consent
We may share information for any other purposes disclosed to you at the time we collect the information or pursuant to your consent.
4. Your controls, choices and rights
We offer you certain controls and choices regarding the information we collect, how the information is used, and how it is shared. These controls and choices include the ability to update, correct or delete information that you have provided to us or information that we have collected through your use of our services. They also include the ability to opt-out of receiving notifications, promotions, offers or other advertising from us.
You may have the right, in accordance with applicable law, to request access to, correction, or deletion of your information.
We will not discriminate against you for exercising your rights and choices, however some of the functionality and features of our services may change, or no longer be available to you.
If you have been sanctioned in relation to our Services, we will not be able to, in accordance with applicable law, give you access to the Information regarding your sanction so as to maintain our ability to detect or take action against such behavior.
5. Information retention and information security
Unless the applicable law specifies a different retention period, Obitus will only keep your Informationfor the time strictly necessary to carry out the operations for which said Information has been collected by Obitus. For example, we will keep the Information associated with your Account until the closure of the Account. In some cases, the Information may be kept for a longer period such as when it is needed for us to apply a sanction.
We have implemented reasonable administrative, physical, and technical security measures that are designed to protect your information from loss, theft, misuse, unauthorized access, disclosure, alteration and destruction. You should understand though that, despite our efforts, no security can be guaranteed as impenetrable. Please note that information collected by third parties may not have the same security protections as information you submit to us, and we are not responsible for protecting the security of such information. Obitus continues to assess the legal regime of the countries to which Information is being transferred and, as necessary, updates measures to ensure that we provide adequate levels of protection.
6. Information about minors
The age at which minors can create an Account or have access to some of our Services depends on the personal data protection laws of each country. We do not knowingly collect, use or share information from children under the age of 13 without verifiable parental consent or as permitted by law. However, we may collect technical information required for delivering the service and for the support of our internal operations from all users of our Services.
Where a parent or legal guardian has provided consent, the child may be able to use their Account to use the Services. Parents or guardians may review, modify, or delete the child’s personal information, or withdraw consent, by contacting us using the contact information provided at the end of this privacy policy.
If we make material changes to how we collect, use, share or otherwise process the personal information of minors, we will notify their parents, tutors and/or legal guardian as required by applicable law. For more information, please see the article on the access and terms specific to minors in our Terms of Use.
7. Changes
Obitus is entitled to change this privacy policy at any time. When we update it, we will revise the "Last Updated" date above. If there are material changes to this policy, we will use reasonable efforts to notify you either by prominently posting a notice of such changes before they take effect or by directly sending you a notification. We recommend that you consult this policy on a regular basis or contact us if you have any questions. Using our Services following such a change means that you accept any changes.
8. Information for California Residents
This privacy notice for California Residents supplements the information contained in this Privacy Policy and applies to visitors, users, and others who reside in the State of California. Consumers residing in California have certain rights with respect to their personal information under the California Consumer Privacy Act (“CCPA”).
A) Notice at Collection
Collection and Use of Personal Data: In the preceding 12 months, we have collected the following categories of Information: identifiers, personal information categories listed in the California Customer Records statute, commercial information, internet or other similar network activity, and geolocation data. For examples of more specific information we collect and the sources of such collection, please see Section 01 (“Categories of information we may collect”) in the Privacy Policy. We collect your Information for the business and commercial purposes described in Section 02 (“How we use your information”). We retain the information we collect for as long as necessary to provide our Services, and we may retain that information beyond that period if necessary for legal, operational, or other legitimate reasons.
Disclosure of Personal Data: We may share your Information with third parties as described in Section 03 (“How your information is shared”). In the preceding 12 months, we have not disclosed but may start to disclose the following categories of your Data for business or commercial purposes: identifiers, personal information categories listed in the California Customer Records statute, commercial information, internet or other similar network activity, and geolocation data.
In certain circumstances, we may also collect and disclose additional information, such as: (i) if you are the recipient of a contest or sweepstakes prize that requires tax reporting, we may collect identifiers associated with your government-issued documents (such as a social security number), (ii) if you participate in our competitive gaming events, we may collect identifiers associated with your government-issued documents (such as a passport number), financial information (such as bank accounts), and health-related information; (iii) if you participate in our user experience research, we may collect financial information (such as bank accounts), health-related information and video footage of your gameplay, as well as your recorded image throughout the session. We may collect and disclose other categories of personal information to the extent that you provide them through in-game chat, forums, or through our player support channels. Collection, use, and disclosure of this information is made for one or more of the business or commercial purposes listed in Section 02 (“How we use your information”).
Sale of Data: California law requires that we provide transparency about your Data we “sell,” which for the purposes of the CCPA, means scenarios in which personal information is shared with third parties/partners in exchange for valuable consideration. In the preceding 12 months, we have not “sold” but may “sell” the following categories of your Data, depending on how the CCPA is interpreted: identifiers, personal information categories listed in the California Customer Records statute, commercial information, internet or other similar network activity, and geolocation data.
Minors: We may share or “sell” your personal information as described in Section 06 (“Information About Minors”) of our Privacy Policy.
Your Rights and Choices: Some US states have enacted laws (including the CCPA) that give you the ability to opt out of the sale of your Data to third parties. In effect, this will disable targeted advertising provided by Obitus’s third-party partners, which means that Obitus will not share your Information with third-party partners to customize your advertising experience.
Whenever applicable, Obitus will enable you to do so by using privacy controls in their Website, your Account Management page, in-game Privacy Settings options, or contacting our Obitus Customer Support.
Account Verification. If we need additional information to verify your identity, we will contact you to request that information. If we are not able to verify your identity, we will deny your request. If you would like to designate an authorized agent to make a request on your behalf, you must (i) provide the agent signed permission to do so, (ii) provide proof of your identity, and (iii) directly confirm you provided the authorized agent permission to submit the request. If we do not receive the above, we will deny the request.
9. Contact information
If you have any questions, concerns or comments regarding this privacy policy, or any of our privacy practices, please contact us via email at compliance@obitus.games, via phone at 1(809)-631-9155, or via regular mail at 251 Little Falls Drive, Wilmington, DE 19808, United States of America. You also have the right to contact your local Data Protection Authority if you prefer.
