OFF THE GRID PRIVACY NOTICE
Last updated: October 27, 2023
Version: 1.01
POSEIDON 133 PTE. LTD. (“we”, “us”, “our”) respects your privacy. We have prepared this Privacy Notice (the “Privacy Notice”) in compliance with the EU Regulation (EU) 2016/679 (the “GDPR”). This Privacy Notice explains what we do with the personal data of individuals whose data we collect and process. This includes data processed in connection with our game Off the Grid, a cyberpunk-themed battle royale created by the game developer Gunzilla Games (the “OTG ”).
POSEIDON 133 PTE. LTD. is a data controller for the personal data collected through the OTG.
Contact information:
POSEIDON 133 PTE. LTD.
39 Robinson Road #14-01 Robinson Point Singapore 068911, Singapore
UEN: 201502546D
Table of contents:
1. What personal data do we collect?
2. How do we use your personal data?
3. How long do we store your personal data?
4. How do we share your personal data?
5. Security of personal data
6. Processing of children’s personal data
7. Your rights
8. Changes to this Privacy Notice
9. What if you have questions or complaints?
1. What personal data do we collect?
“Personal data” is any information relating to you that, alone or in combination with other information, allows a person collecting and processing such information to identify you as an individual. The term “processing” includes collecting, recording, organising, structuring, storing, using, and disclosing of personal data.
The types of personal data we collect depend on how you interact with us. In general, we collect information in three main ways: when you directly provide it to us, automatically when you use the OTG, and from service providers and third parties.
Information you directly provide to us
We collect the following personal data about you:
- your account data (e.g., name, date of birth, nickname/public-facing display name, password, email address, public profile photo, the country you live in, profile description);
- content generated by you (e.g., information submitted via forum or chat, communication with other players);
- details of your digital distribution platform account regarding our games (such as a GOG Galaxy account), if you have one, but not any financial details;
- in case you use our messengers, we may additionally process data generated automatically through your activity in the forum: date of last activity, subscribed threads, favourite posts, achievements in the forum, redpoints (points on the forum), private messages and posts;
- payment details and transactions in connection with in-game purchases; - any other data which you supply to us via our game-related services.
If you take part specifically in esports tournaments and events, we may additionally process your personal data used only in the context of your participation in these events, in particular:
- passport/ID number, issuer of the document, photo/scan of the document, citizenship;
- your date of birth;
- bank account details for prize payment;
- your image if you participate in a tournament;
- correspondence address;
- data on your participation in official and authorised OTG events; - points used in OTG rankings.
Information we collect automatically when you use the OTG We collect the following personal data about you:
- technical details about any device which you use to access our game-related services, including: Internet and/or network connection (including IP address), any mobile device identifier, your operating system, browser type or other software, or your hardware or other technical details;
- information regarding your use of our game-related services, including, but not limited to: metrics data about when and how you use the game-related services, traffic data, and your geographical location data;
- details about your use of social networking services and our game-related services (if you link our game-related services to a social networking service account or you interact with our profiles in social networks). This may potentially include certain data from Facebook or other social networks (including access to your friends list as well as aggregated non-personal analytics data about you) strictly in accordance with Facebook’s and other networks’ terms and conditions – to the extent necessary to provide you with all functions of our games and game-related services;
- automatically collected data/usage data (activities in the game, including analytics, gaming statistics, IP address, scripts, web browser, etc.).
Information we collect from other sources
We may also receive your personal data from service providers and third parties in connection with your use of the OTG or your interactions with us on other platforms. For example, if you buy, download, or access the OTG on or through services operated by third parties (e.g., PlayStation, Microsoft Xbox orEpic Games Store), they may provide us with your personal data to facilitate your access to and use of the OTG.
Thus we may collect the following personal data about you:
- display name;
- user ID;
- device information;
- region information.
This information will help us facilitate your gameplay and track your progression and entitlements.
Fraud prevention & anti-cheat
We use Epic Games anti-cheat and fraud prevention technologies to help us identify and prevent malicious activity. These services may collect and analyse data about your computer and the software on your computer to detect cheating. To learn more about
Epic Games anti-cheat, please see: https://www.epicgames.com/site/en-US/privacypolicy
2. How do we use your personal data?
In general, we use the personal data we collect to help us provide, improve, customise, analyse, and promote the OTG.
This includes using it for purposes such as:
- providing the OTG and game-related services, support of their functionality;
- responding to users’ inquiries and communicating with users;
- processing in-game purchases and transactions;
- personalising your game experience;
- improving the OTG and game-related services;
- conducting data analytics;
- complying with our legal or contractual obligations; and
- detecting fraud and otherwise protecting the OTG and other users from illegal or harmful actions.
We will process your personal data only when we have a lawful basis to do so. Specifically, we process your personal data in the following cases:
- processing is based on the consent you have given. As such our newsletters, your participation in esports tournaments and events is based on your consent. We use email address for contacting you, sending the OTG updates, promotions and marketing emails;
- processing is necessary to provide you with the OTG and our other game-related services according to our Terms of Service which constitute a contract between you and us;
- processing is necessary for the purposes of our legitimate interests. During your use of our game-related services, we collect the usage data for analytical purposes. We use information about daily active users, monthly active users, stickiness rate, retention rate, average revenue per daily active user, and in-game purchases to improve the OTG. We use this data on the basis of our legitimate interest to ensure the safety of our OTG, facilitate debugging and improvement, and to conduct marketing analysis of the use of our OTG;
- where necessary, compliance with applicable legislation (e.g., data subject request processing);
- in exceptional cases, to protect your vital interests or vital interests of another natural person, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in us.
3. How long do we store your personal data?
We will process your personal data for marketing purposes as long as you are happy with receiving emails from us. You can withdraw your consent at any time and opt out from marketing emails by simply contacting us directly at: [email protected].
We will store your personal data for as long as you have an active account with us. When you stop being our user, we will delete or anonymise the information collected from you after 2 years, unless you explicitly ask us to delete the information earlier.
However, we may need to retain some of your personal data for longer if there is a need for it, for example, in order to comply with our tax, accounting and legal requirements. In this case, the applied legal basis for the processing of your personal data will be the necessity to comply with a legal obligation.
4. How do we share your personal data?
We may use third-party providers to process your personal data on our behalf. They provide us the following services/tools:
- cloud computing platform (Azure);
- IT outsourcing service providers;
- email service providers;
- customer communication solutions;
- payment service providers;
- console and platform partners (such as Sony and Microsoft);
- other users;
- publicly (e.g., your display name);
- service providers that operate on our behalf to help support us in accordance with our instructions (e.g., marketing and advertising partners).
Your personal data may be transferred outside of the European Economic Area (EEA), though only within affiliates, employees, and our contractors. The personal data is transferred outside the EEA on the basis of respective legally binding safeguards incorporated into documents with such persons. This is achieved by applying appropriate safeguards (including the Standard Data Protection Contractual Clauses adopted by the European Commission), as well as taking technical measures to ensure the information is protected when stored, used, and while being processed and transferred.
Third-party providers/contractors can only process your personal data on our behalf and do not use it for their own purposes. Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
Other disclosures
In addition to the disclosures for the purposes identified before, we may disclose information about you for the following purposes:
- law enforcement, legal process and compliance: if we are required to do so by law, in connection with any legal proceedings or to establish, exercise or defend our legal rights, or in the good-faith belief that such action is necessary to comply with applicable laws, in response to a facially valid court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies. We also reserve the right to disclose personal data or other information that we believe, in good faith, is appropriate or necessary to: (i) take precautions against liability; (ii) protect ourselves or others from fraudulent, abusive, or unlawful uses or activity; (iii) investigate and defend ourselves against any third-party claims or allegations; (iv) protect the security or integrity of our game-related services and any facilities or equipment used to make our game-related services available; or (v) protect our property or other legal rights, enforce our contracts, or protect the rights, property, or safety of others;
- change of ownership or other business needs: (i) in case we sell, licence or otherwise assign our company, corporate rights, the OTG or its separate parts or features to third parties; (ii) as part of a transaction, financing, or for other business needs (e.g., if we need to disclose your personal data to the prospective lender or bank, investor or prospective investor, and/or their professional advisers as part of certain due diligence processes, as the case may be); (iii) we may also disclose and otherwise transfer your personal data to an acquirer, successor or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets and only if the recipient of the information commits to a privacy policy that has terms substantially consistent with this policy.
The game-related services may, from time to time, contain links to the third-party websites or services of third parties. They may collect data from you in accordance with their own privacy notices. Our Privacy Notice does not extend to those external sites or companies. We encourage you to review their privacy notices before sharing your personal data with them.
5. Security of personal data
We use technical and organisational measures to ensure your personal data is processed in an appropriately secure manner, including protecting it against unauthorised or unlawful processing and accidental loss, destruction, or damage. Our employees and subcontractors also keep strict confidentiality and prevent unauthorised third-party access to the personal data.
We have implemented encryption methods such as HTTPS, SSL, and TLS. More specifically, our server uses SSL (Secure Sockets Layer) security protection by encrypting your personal data to prevent individuals from reading these data as they travel over the Internet.
6. Processing of children’s personal data
Protecting the privacy of children is especially important. For that reason, we do not knowingly collect or maintain the personal data from underaged users, that is under 18 years of age, without seeking any required parental approval in accordance with applicable law (e.g., the U.S. Children’s Online Privacy Protection Act or the GDPR).
If we learn that the personal data of children has been collected on or through the OTG without the required parental approval, we will take appropriate steps to delete such data.
7. Your rights
EU/EEA users
You may exercise GDPR rights regarding your personal data. In particular, you have the right to:
- The right to access your personal data.
You have the right to know what personal data we process. As such you can obtain the disclosure of the personal data involved in the processing and you can obtain a copy of the information undergoing processing.
- The right to verify your personal data and seek its rectification.
If you find that we process inaccurate or out-of-date information, you can verify the accuracy of your personal data and/or ask for it to be updated or corrected; - The right to have your personal data deleted.
If we are not under the obligation to keep your personal data for legal compliance and it is not needed in the scope of an active contract or claim, we will remove your personal data upon your request.
- The right to restrict the processing of your personal data.
When you contest the accuracy of your personal data, believe we process it unlawfully or want to object to the processing, you have the right to temporarily stop the processing of your personal data to check if the processing was consistent. In this case, we will stop processing your personal data (other than storing it) until we are able to provide you with evidence of its lawful processing.
- The right to have your personal data transferred to another organisation.
Where we process your personal data on the legal basis of consent you provided us or on the necessity to perform a contract, we can make, at your request, your personal data available to you or to an organisation of your choosing.
- The right to object against the processing of your personal data.
If we process your personal data for our legitimate interests (e.g., for direct marketing emails or for our marketing research purposes), you can object to it. Let us know what you object against and we will consider your request. If there are no compelling interests for us to refuse to perform your request, we will stop the processing for such purposes. If we believe our compelling interests outweigh your right to privacy, we will clarify this to you.
You can formulate such requests or channel further questions on data protection by contacting us directly at [email protected].
If you believe that our use of personal information violates your rights, or if you are dissatisfied with a response you received to a request you formulated to us, you have the right to lodge a complaint with the competent data protection authority of your choice.
California users
The California Consumer Privacy Act (the “CCPA”) provides consumers residing in California certain rights with respect to their personal information. If you are a California resident, you may have the right to:
● request to know more about the categories and specific pieces of personal information we collect, use, and disclose;
● request deletion of your personal information;
● opt out of sale of your personal information (if any); and ● not be discriminated against for exercising these rights.
You or your authorized agent may make these requests by contacting us at: [email protected]. Note that we may ask you for additional information to help us verify who you are before completing your request. If we receive your request from an authorized agent, we may ask for evidence that you gave that person authority to submit requests to exercise rights on your behalf. We will not discriminate against you if you exercise your rights under the CCPA.
For details about the precise data points we collect and the categories of sources where we got that information, please see “What personal data do we collect?” above. We collect personal information for the business and commercial purposes described in “How do we use your personal data?” above.
We do not sell the personal information we collect. However, we may disclose personal information as described in this Privacy Notice (please see “How do we share your personal data?” above).
8. Changes to this Privacy Notice
We may update this Privacy Notice from time to time by posting a new version on our OTG. We advise you to check this page occasionally to ensure you are happy with any changes. However, we will endeavor to provide you with an announcement about any significant changes.
9. What if you have questions or complaints?
Any requests to exercise your rights can be directed to us at: [email protected].
If you believe that our use of your personal data violates your rights, you can lodge a complaint with the competent data protection authority.