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Introduction
everplay and its group companies (collectively the “everplay” “we,” “us” and “our”), respects the privacy rights of our users and is committed to protecting the information collected through our products, services, and websites accessed through internet-capable hardware platforms including gaming consoles, personal computers, mobile computers, or mobile devices, or in-game applications or software platforms including third-party hosts (collectively the “Online Services“).
This privacy policy (the “Privacy Policy“) explains what personal data we may collect about you when you use or access the Online Services and how we collect, store, disclose, transfer, protect, and otherwise process that information for the purposes of operating and providing the Online Services.
everplay is the controller responsible for your personal data processed under this Privacy Policy.
Unless defined herein or the context requires otherwise, terms used in this Privacy Policy have the meanings given to them in the General Data Protection Regulation (GDPR) (EU) 2016/679 and the Data Protection Act 2018.
Please read this privacy policy carefully in full. By using this website, you agree that we may process your personal data in accordance with its terms including (without limitation) that we may transfer, process, and store your account information in the other countries outside the European Economic Area that may have different privacy protections than your country.
This Privacy Policy supplements (and its terms are in addition to): (i) any other terms of use, end user license agreements, limited software warranties or other terms and conditions between you and everplay (including any other privacy notice(s)); and (ii) any privacy disclosures provided to you with your software product and/or by your console manufacturer.
We reserve the right to make changes to this Privacy Policy in order to reflect any changes in data protection laws or our internal policies. We will endeavour to notify you of such changes but, in accepting these terms, you hereby undertake to regularly check for an updated version of this document at: everplaygroupplc.com for as long as you use the Online Services. If necessary, we will give you additional choices regarding such changes. As far as permitted by applicable law, your continued use of the Online Services will signify your continued compliance with this Privacy Policy as amended from time to time.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
everplay is a company registered in England and Wales with the name Team17 Group Plc (to be renamed) with its headquarters at 3 Red Hall Avenue, Paragon Business Park, Wakefield, West Yorkshire, WF1 2UL.
This Privacy Policy will explain:
WHO THIS PRIVACY POLICY APPLIES TO
This Privacy Policy applies to everplay. Privacy policies for our Group companies can be accessed via their websites at team17.com, astragon.com and storytoys.com.
WHAT DOES THIS PRIVACY POLICY APPLY TO?
This Privacy Policy applies to the everplay’s Online Services, websites, mobile applications, and other services that link to it or display it. In addition, everplay may also own several other domain names that relate to its labels, feature its products, or point to its websites, and we may from time to time add new sites and services.
Please note that this Privacy Policy applies only to information submitted and collected online through the Online Services and does not apply to information that may be collected by everplay offline. For the avoidance of doubt, this Privacy Policy does not apply to websites or services maintained by third parties (whether or not as those websites or services promote everplay’s products and services or sell related items) and, other than where it is the controller, everplay cannot and does not guarantee the security of any personal data by third parties.
In addition, please note that we may hire vendors (agents or contractors) to collect personal data on our behalf and in such cases such vendors will be required to comply with this Privacy Policy (unless you accept separate privacy terms with them, in which case this Privacy Policy will apply in addition to those terms and, in the event of any conflict, the terms of this Privacy Policy will prevail as between you everplay).
We use the third-party service providers as our online official re-seller and for certain in-game sales functions so you should check the terms and policies at point of sale. Other third-party service providers may be connected to other in-game sales functions so please review the Terms & Conditions of each product for more details. As indicated at the point of purchase, such transactions are between you and the third-party service provider and they are subject to the third-party service provider’s privacy policy and terms of service. For the avoidance of doubt, the terms of this Privacy Policy shall continue to apply, to the extent applicable, as between you and everplay.
The personal data we collect about you will normally be provided by you when you:
The types of information collected in connection with the activities listed above will vary depending on the activity. The information we collect may include personal data such as your first and/or last name, e-mail address, phone number, photo, mailing address, geolocation, or payment information. In addition, we may collect your age, gender, date of birth, postcode, hardware configuration, console ID, software products played, survey data, purchases, IP address and the systems you have played on. We may combine the information with your personal data and across other computers or devices that you may use to access our products and services. Prize winners may be required to provide additional information for prize fulfilment.
If you use, purchase, or register for an Online Service through a third-party service such as a gaming console’s network service, an internet based gaming service, or a social network website, or request that we associate an everplay account with a third-party service account, then limited user account personal data may be transferred to everplay as part of the registration process and we may be able to collect information about your use of the Online Services. For example, if you purchase virtual currency through a gaming console service, that gaming console service will provide us with information to effectuate the transaction, including the amount of virtual currency purchased and a means to identify your Online Service account.
When you use an application on a Social Networking Site (“SNS“), you allow us to access certain information from your profile from that SNS. The information you allow us to access is affected by the privacy settings you establish at the SNS. For example, our Facebook applications may access and store some or all of the following information, as allowed by you, the SNS and your preferences:
Your agreement to share this information takes place when you “accept” (or similar terms) one of our applications on an SNS. Once your information is received from an SNS, that information is stored and used by us in accordance with this Privacy Policy. everplay is not responsible for the terms, policies, disclosures or actions of any SNS.
When you use Facebook Connect, OpenID or another multisite ID to log in to an Online Service, those ID services will authenticate your identity and provide you the option to share certain personal data with us to pre-populate our sign up form. Depending on your account settings, multisite IDs may also provide other information to us. Please check the terms of those services before using them to log into an Online Service. When you play certain software products published by everplay, information about your gameplay may be collected and transmitted to everplay through network services or any other internet connection method used by the hardware on which you play such games (collectively and individually your “Internet Connection“). See “What Gameplay Information Does everplay Collect?” below for further details.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
WHAT GAMEPLAY INFORMATION DOES EVERPLAY COLLECT?
When you use products or services on internet-capable hardware, everplay may receive information regarding your gameplay without any additional notice to you or actions taken by you. everplay will not receive personal data such as your name and address, but may receive other information such as a console ID, gaming service ID, game achievements, game scores and performance, IP address, MAC address, or other device ID, other console/device use information, or other information and statistics regarding your usage of the games.
Information about gameplay may be collected while you are offline and transmitted to everplay when you next connect to the Internet whether or not you are currently logged into your Internet Connection from your console, handheld, mobile device, computer, or other gaming platform.
everplay may combine the information with your personal data and use such information as set forth in this Privacy Policy whether or not you register for or use the Online Services. everplay may also monitor gameplay information by automated means to ensure that software and services are used in accordance with applicable policies, including the Terms of Service and the End User License agreement. everplay reserves the right to terminate your license if you violate these policies.
SPECIAL NOTES ABOUT CERTAIN INFORMATION EVERPLAY COLLECTS
WHAT HAPPENS IF I REFUSE TO PROVIDE MY PERSONAL DATA?
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with products or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
Whilst we may be able to provide you with certain products and services notwithstanding your refusal to submit personal data, this may limit your ability to participate in some activities or features or your use of certain Online Services.
As described in this Privacy Policy, we obtain certain information from third parties or public sources and we may process that information where it is an essential component of the services we offer you and other users.
DO YOUR ONLINE SERVICES USE COOKIES, TRACK IP ADDRESSES, OR USE OTHER PASSIVE MEANS TO COLLECT INFORMATION?
everplay uses cookies, web beacons, and similar tracking devices for certain Online Services to collect information. If you choose to provide us with personal data, it may be linked to the information collected by these technologies. Our system may not respond to Do Not Track requests or headers from some or all browsers.
Additional information about individual opt-out programs is available on the World Privacy Forum website at https://www.worldprivacyforum.org/. In addition to visiting the websites of each of the vendors listed above, you may opt out of certain targeted advertising by multiple third-party advertising networks at one time if they belong to the Network Advertising Initiative or the Digital Advertising Alliance. Visit the Network Advertising Initiative’s website at https://www.networkadvertising.org/managing/opt_out.asp or the Digital Advertising Alliance’s website at https://www.aboutads.info/ to select the applicable networks. For visitors from the European Union, visit Your Online Choices at https://www.youronlinechoices.eu/. On your mobile device, you may adjust your privacy and advertising settings to control whether you want to receive targeted advertising.
HOW IS MY PERSONAL DATA USED?
Your participation in tournaments or other online game events is conditional upon our collection, use, storage, transmission and public display of statistical data (such as your scores, rankings, and achievements) generated through your participation.
Online gaming and Social Networking Services are by their very nature open communities where gameplay information including user name, game activity, and leaderboard rankings are publicly posted for other people to see. Therefore, everplay will automatically post certain information, such as your Screen Name or ID and gameplay statistics, within the game, on Social Networking Services, on Online Services, or on specialized game websites. However, we will not post information that we know directly identifies you (such as your real name or email address) unless you provide that information voluntarily for such use. As with other gameplay information services, your gameplay, leaderboards, and multiplayer match information may appear nested in our games or third-party webpages via frames or widgets.
We may match and/or combine information collected in connection with various Online Services and display it publicly, including on our websites, in our games, or in multiplayer game lobbies. For example, if you associate your company website account with a game console account, your in-game achievements may be displayed combining your website account name with your in-game achievements.
Some of our Online Services allow you to link your account to SNS services like Facebook and Twitter. Certain membership information may be transferred automatically to everplay when you link your Online Service membership with SNS account, such as your friends list. Some SNS services also give you the option to post information about the Online Services to their websites to share with others. If you choose to use these features, your actions are governed by the Privacy Policy of everplay providing the feature. Please review each company’s governing policies before using their services.
Some of our Online Services offer SNS features and Widgets, such as the Facebook “Like” button, Google + button, or the Share This button. These third-party SNS features may set a cookie to enable the Feature to function properly and may collect information about you when you use them, such as your IP address and which page you are visiting on our site. SNS features and Widgets are either hosted by a third party or hosted directly by our Online Services. Your interactions with these
Features are governed by the Privacy Policy of everplay providing the Feature. Please review each company’s governing policies before using their services.
From time to time, everplay may employ vendors to perform services on everplay’s behalf. These vendors provide internal support to everplay by operating some of the services we provide you such as contest entry collection and email services. Although these vendors, not everplay, may collect, use, or maintain the information in connection with the Online Services, everplay still requires that they adhere to everplay’s stated privacy policies and that they not share your personal data with third parties or use the information for their own marketing purposes.
WHAT IS THE LEGAL BASIS FOR THE PROCESSING OF MY PERSONAL DATA?
Everplay may process your personal data:
WITH WHOM DOES EVERPLAY SHARE MY INFORMATION?
everplay may also share your personal data with third parties as described in this Privacy Policy. everplay may share your personal data to fulfil a request you have made, such as signing up for an email list or requesting customer support. In the event we offer services or promotions where your personal data is separately collected and used according to the privacy policy of a third party, we will inform you of that at the time of collection and you may elect not to participate in the service or promotion.
We may share your personal and other information with third parties in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose you or us to legal liability, including as required by law enforcement or other government officials. We also may share your personal and other information with third parties when we have reason to believe that a disclosure is necessary to address potential or actual injury or interference with our rights, property, operations, users, or others who may be harmed or may suffer loss or damage, or when we believe that disclosure is necessary to protect our rights, investigate, or enforce our policies, terms, and conditions, combat fraud and/or comply with a judicial proceeding, court order, or legal process served on everplay. In addition, your personal and other information may be disclosed to a potential or actual successor or assigned in connection with a proposed or consummated merger, acquisition, reorganization, bankruptcy, or other similar event involving all or a portion of everplay.
We also use third parties for various services related to the Online Services, including customer support, technical support, contest data collection, and email fulfilment. When you enter a contest or sign up to receive a newsletter, for example, we may share your personal data as necessary for third parties to provide services on our behalf. These third parties are not permitted to use such information for their own marketing purposes.
HOW YOU CAN UNSUBSCRIBE FROM MAILINGS, OR REVIEW AND CORRECT YOUR DATA
If you are a member of an Online Service, you may use that service’s account and privacy settings to personalize the collection, use and/or display of your data via that service.
If you do not want to receive certain communications such as newsletters or promotional offers, you may decline consent at the time your personal data is collected or later opt-out by using the methods listed below. In addition to the methods below, along with every promotional communication sent to you, everplay gives you the opportunity to discontinue receiving future promotional communications.
If for any reason you wish to unsubscribe to everplay mailing lists please use the ‘unsubscribe’ or similar link in the relevant email correspondence, email dataprotection@team17.com or write to us at 3 Red Hall Avenue, Paragon Business Park, Wakefield, WF1 2UL.
YOUR RIGHTS AS A DATA SUBJECT
Subject to any conditions or requirements set out in the GDPR or other applicable law or regulation, everplay hereby informs you that you may have the following rights in relation to the personal data we hold about you:
In order to make an enquiry about any of these rights please email dataprotection@team17.com or write to us at 3 Red Hall Avenue, Paragon Business Park, Wakefield, West Yorkshire, WF1 2UL. Please indicate your country of residence in your correspondence.
DATA RETENTION
Without prejudice to your right to ask us to erase your personal data, we will retain your information only for as long as your account is active, as needed to provide you services, or to administer our services. If you wish to cancel your account or request that we no longer use your personal data to provide you services, contact us as described above. If your account is inactive, we will maintain your account for the length of time for which we reasonably expect you to reengage with our services. After such period, we will delete personal data, including your email address and log-in credentials, and you may no longer be able to access your account. We will attempt to notify you before we delete your account information so that you have the opportunity to keep your account active. We may still retain some of your information in our files for a reasonable period of time to resolve disputes, enforce our user agreement, administer our services, comply with technical and legal requirements, and/or other constraints related to the security, integrity, and operation of our Online Services, after which we will take steps to delete or archive it.
WHAT IS YOUR POLICY REGARDING LINKS TO OTHER SITES?
You should be aware that while you are on our websites you could be directed to other sites that are beyond our control. The fact that we link to a website is not an endorsement, authorization, or representation of our affiliation with that third party. Because we cannot guarantee that the privacy policies of these websites meet our high standards, we recommend reading the privacy policy of the website you link to before you submit any of your personal data.
WHAT SAFEGUARDS ARE USED TO PROTECT MY PERSONAL DATA?
To protect your personal data, everplay follows generally accepted industry standards and maintains reasonable safeguards to attempt to ensure the security, integrity, and privacy of the information you have provided. everplay has security measures in place designed to protect against the loss, misuse, and alteration of the information under our control. Personal data collected by everplay is stored in secure operating environments that are not available to the public. To prevent unauthorized electronic access to personal data, everplay has access control and encryption techniques in place, maintaining information collected online behind a firewall-protected server. everplay has no directly operated online stores.
However, no system can be 100% secure and, to the fullest extent permitted under applicable law, we assume no liability for unauthorized access to your information. In addition, you are responsible for maintaining the strength and confidentiality of your login credentials.
Notwithstanding the foregoing, we will notify you as soon as reasonably practicable if we have reason to believe that there has been a personal data breach by us which could adversely affect your rights and freedoms.
TRANSFER OF YOUR INFORMATION TO OTHER COUNTRIES
Information collected or received by everplay in connection with the Online Services may be transferred to other countries and jurisdictions within the EEA or which the EU Commission has approved as having an adequate level of protection.
Where we use providers based in the USA, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the USA.
HOW DO I ASK A QUESTION OR FILE A COMPLAINT?
For all questions or complaints about this Privacy Policy, we would appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance by contacting our Data Protection Officer via email at dataprotection@team17.com or by writing to 3 Red Hall Avenue, Paragon Business Park, Wakefield, West Yorkshire, WF1 2UL.
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk).