INTRODUCTION
ORCHID GAMES PLAY PTE. LTD. ("ORCHID GAMES", "ORCHID GAMES PLAY", "we", "our", or "us") greatly recognizes and values the privacy of people ("you" or "User") who visit our websites, use or access our games, whether played on mobile devices, PCs, our websites or other approved platforms ("ORCHID Game(s)"), and/or otherwise use or access any of our provided services, including but not limited to software systems, customer support, marketing and advertising, and community services (collectively the "ORCHID GAMES Services" or "our services").
This Privacy Policy applies to any and all of the ORCHID GAMES Services and describes why and how we collect, store, and use your personal data, and the choices and rights you have about the personal data you provide or we collect in connection with the ORCHID GAMES Services. By accessing our websites or otherwise using the ORCHID GAMES Services, you acknowledge that you have read, understood, and accepted the following terms. In the case you do not agree to any of the terms, some basic functions in the ORCHID GAMES may not be able to run normally, which may prevent you from using them.
In the event of a merger, acquisition, reorganization, bankruptcy or other similar event, we will make an announcement in advance, disclose the details of the event and information about the successor, and with the express consent of you and/or your parent and/or guardian (if applicable) again, your personal data may transfer to the successor. ORCHID GAMES may periodically modify, adjust or revise the terms of this Privacy Policy. We will announce to you the updated terms and obtain your consent (and/or the consent of your parent/guardian, if applicable) again. You acknowledge and agree to check the updated terms regularly. If major clause changes are involved, we will make an announcement in advance.
This Privacy Policy provides important information regarding:
i) the data collected from you and the ways we collect your data,
ii) the reasons why we collect your data,
iii) to whom we disclose your data, and
iv) the options you have about your personal data.
Unless stated otherwise, this Privacy Policy applies to the Services and all data that we collect from you. We therefore provide this Privacy Policy to help you make an informed choice about whether to use or continue using our Services. We may periodically update this Privacy Policy by posting a new version on our website. Your continued use of the Services after the effective date will be subject to the new version of Privacy Policy.
This Privacy Policy is incorporated into, forms part of and is subject to the Terms of Service. Your use of the Services and any personal information you provide on the Site is subject to the terms of this Privacy Policy and the Agreement.
Any terms not defined herein but defined in the Terms of Service shall have the meaning ascribed thereto in the Terms of Service.
I. THE DATA COLLECTED FROM YOU AND THE WAYS WE COLLECT YOUR DATA
1. Data provided by you
To use the Services, you may directly provide certain personally identifiable information to us, such as:
· Contact information (e.g. your name, postal or e-mail address, telephone numbers)
· Registered user name and password
· Character Information (e.g. Account ID, character name, profile picture. Please be reminded that such information may be disclosed to other users in connection with the use of the Services and may also be made available to your connections or the public on third party services)
· Personal content preferences
· Profile information (e.g. profile photo)
· Messages to the Services (e.g. chat logs, your support tickets)
· Billing and financial information (Please be reminded that the use of any merchant service provider and/or third party platforms for the payment of the Admission Fee is subject to the privacy policy of the relevant merchant service providers and/or third party platforms)
· Other data that you voluntarily provide (e.g. data to identify a lost account)
2. Data collected automatically
When you access our App or use the Services, we may use cookies and/or other similar technologies. Cookies are small text files stored by browser(s) on your desktop computer or mobile device. Most web browsers automatically accept cookies, but you can usually modify browser setting to decline cookies. If you choose to decline cookies, you may not be able to access certain Services and may experience technical problems receiving current information from the cookie-disabled services. The use of cookies and/or other similar technologies is to identify your browsers and to collect data from your device such as:
· Data about your Account
· Internet Protocol (IP) address, web request, domain name, URLs, referring/exit pages, platform type and mobile device identifiers (e.g. your device ID, advertising ID, MAC address, IMEI)
· Data about your device (e.g. device name, operating system, browser type and language)
· Data we collect with cookies and similar technologies
· Monitoring of aggregate metrics (e.g. total number of visitors, pages viewed, usage of the Services)
· Data about your use of the Services (e.g. number of clicks, landing pages, pages viewed and order of those pages, the amount of time spent on particular pages, the date and time of your request, your game play and activity, your game progress, your interactions with other players inside the Services)
· Other pieces of information in connection with your various activities within or through the Services or otherwise that are sent by your browser, device or computer system when you access the Services, which are automatically tracked and recorded by our servers
3. Data collected from our partners
When you access the Services through any third party services such as social networking sites (e.g. Facebook, WeChat, Google) or from any mobile devices, you allow us access to certain information stored on these third party services or mobile devices such as:
· Demographic data (e.g. determination of your IP address)
· Data to fight against fraud (e.g. refund abuse in games or click fraud in advertising)
· Data from platforms that the games run on (e.g. verification of payment)
· Data associated with your device (e.g. device type, technological information, telephone number, country, contacts)
· Data to do advertising, marketing and analysis
4. Data We Collect Only for System Functions
· Generated Open ID. We generate and use this information to store your game data (including level and progress) with your profile.
· Game Data. We use this information to provide you with feedback and information about your gameplay and progress
· Bugs, Errors, and Other Data About Crashes and Diagnosis Thereof (if the occasional system crash occurs in our services). Device information (name, model, memory size, and graphics card model) and in-game information (game version, user's UID, stacktrace); we use such information to conduct identity verification for security purposes, to identify and address bugs, and to evaluate and improve the functionality of our services.
II. THE REASON WHY WE COLLECT YOUR DATA
1. To provide the Services
To provider the Services, we process data necessary to
· Create Accounts
· Allow you to play ORCHID GAMES and use the Services
· Operate the Services
· Verify and confirm payments
· Provide and deliver products and services that you request
· Send service-related communications to you
2. To improve and optimize the Services
To provide better Services to you, we have a legitimate interest to collect and process necessary data to
· Update and develop the Services
· Manage and update your Account
· Develop and improve your experience
· Manage the relationship with you
· Provide social features to you
· Customize your service experience
· Respond to your comments and questions and provide support to you
· Provide offers in the Services as well as in other websites and services
· Send related information (e.g. updates, security alerts, support messages) to you
· Enable you to communicate with other users
3. To secure the Services
Ensuring the security in the course of performing the Services is a top priority for us. We take appropriate security and technical measures to protect your information from unauthorized access, loss and misuse. To achieve this purpose, we also request our suppliers who process personal information on our behalf to take appropriate security measures.
In order to keep the Service and its social features safe and fair, to fight fraud and to ensure acceptable use otherwise, we have a legitimate interest to process necessary data to
· Analyze and monitor use of the Services and its social features
· Moderate and monitor chats
· Prevent cheating, crime or fraud
· Take action against fraudulent or misbehaving users
· Pass your information to agencies or organizations in charge of crime and fraud prevention and repression
5. To analyze, research and test
In all of the above cases and purposes, we may use analytic tools, which may include third party’s analytic tools, to carry out research, surveys and analysis, to create reports for use, to track potential problems of the Services or to test out new game features and content.
6. To obtain your consent
With your consent, we may process personal data for additional purposes.
For the purposes set forth above, our affiliates may be commissioned to process your information, provided that such affiliates comply with the terms and conditions hereunder. Affiliates in this Privacy Policy shall mean an entity that directly or indirectly controls, is controlled by or is under common control with ORCHID GAMES PLAY PTE. LTD. hereto.
In all of the above cases and purposes, you acknowledge and confirm that we may analyze, profile, segment, merge and/or update all collected data (regardless of an aggregated or individualized manner) for the purposes of improving service quality and providing a better experience.
In specific cases, we may collect other personal data apart from the categories stated herein based on your consent. When this occurs, we will, upon requiring your additional consent, provide more information about any change to the way or purpose of our collection or processing which might be different from or not clarified in the details in this Privacy Policy.
Under any circumstance where our collection or processing of your personal data is based on your consent, you may withdraw such consent at any time with no impact on the validity and lawfulness of collection or processing based on the consent made before its withdrawal.
III. TO WHOM WE DISCLOSE YOUR DATA
1. Our personnel, related or affiliated companies
We may provide your personally identifiable information and non-personally-identifiable information to our personnel, our related or affiliated companies for our legitimate business purposes. We may also provide your personally identifiable information and non-personally-identifiable information to other businesses or persons for the purpose of processing such information or otherwise assist us in performing any services on our behalf including in any advertising and marketing activities. We require that these parties agree to process such information in compliance with our Privacy Policy contained herein, and we will use reasonable efforts to limit their use of such information and to use other appropriate confidentiality and security measures.
2. Partners working for us
To strengthen functions of our Services and your experience of use, some of our Services maybe provided by partners in charge of advertising, payment, analysis, marketing, social media partners, personalized services, and/or personalized push notifications and recommendations. To the extent of law and for the purposes of advertising, payment, statistic analysis, marketing, personalized services and/or personalized push notifications and recommendations, we may share with these partners your data, including but not limited to your device information such as its device brand, device manufacturer, device platform and device ID number, your applications list, internet information and GPS location information, that you have consented to our collection. In addition, these partners may also access your data when you use their services and operate under their own privacy policies. We encourage you to check their privacy policies to learn more about their data processing practices.
3. Other companies and public authorities
We may release personally identifiable information and/or non-personally-identifiable information to, exchange such information with companies and organizations or provide such information to public authorities if required to do so by law, or in the good faith belief that such action is necessary to comply with all and any applicable laws, or where it is pursuant to or we are required to respond to a governmental, regulatory, administrative or court order or directive, a subpoena or a search warrant, or to combat fraud and illegal activity.
We also reserve the right to disclose personally identifiable information and/or non-personally-identifiable information that we believe, in good faith, is appropriate or necessary to enforce the Agreement, take precautions against liability, to investigate and defend against any third-party claims or allegations, to assist government authorities and enforcement agencies, to protect the security or integrity of the Services, and to protect the rights, property, or personal safety of ourselves, our users or others.
IV. THE RIGHTS YOU HAVE ABOUT YOUR PERSONAL DATA
1. Right to Know About Personal Information Collected, Disclosed, or Sold
You have the right to access your personal data that we hold about you, i.e. the right to require free of charge, (i) information whether your personal data is collected, used, disclosed, or sold, (ii) categories of your personal data which has been collected, (iii) categories of sources from which your personal data is collected, (iv) business or commercial purpose for collecting or selling your personal data (if any), (v) disclosure of sale of your personal data (if any): i.e. the categories of your personal data which has been disclosed or sold (if any) to third parties, the categories of third parties to whom your personal data was disclosed or sold (if any), statement regarding whether we have actual knowledge that we sell your personal data if you are under 16 years of age; and you have the right to require us to provide a duplicate of your personal data undergoing processing, subject to submitting a verifiable request in the form of email to our DPO’s email address at orchidgames.play@gmail.com. You can also exercise the right to access your personal data through the privacy dashboard. According to our reasonable and unilateral judgement, if your verifiable request affects or will affect the rights or freedom of other users or is manifestly unfounded or excessive, we reserve the right to charge a reasonable fee (taking into account the administrative costs arising therefrom) or refuse to act on the request.
2. Right to Rectify
If we process your personal data, we shall endeavor to ensure by implementing suitable measures that your personal data is accurate and up to date for the purposes for which it was collected. If your personal data is inaccurate or incomplete, you have the right to obtain rectification of your inaccurate personal data without undue delay according to Article 16 of the GDPR and you can modify the information you provided via the privacy dashboard.
3. Right to Request Deletion of Personal Information
You have the right to obtain deletion of your personal data, if the reason as stated in Article II of this Privacy Policy does not exist anymore, or if there is another legal ground for its deletion, subject to submitting a verifiable request in the form of sending an email to our DPO’s email address at orchidgames.play@gmail.com.
You acknowledge and agree that as a result of deleting your ORCHID GAMES Account, you will lose access to game related services, including the account information, subscriptions and game-related information linked to such ORCHID GAMES Account and lose the possibility to access other services through the ORCHID GAMES Account.
4. Right to Object
When our processing of your personal data is based on legitimate interests according to Article 6(1)(f) of the GDPR and/or Article II of this Privacy Policy or any other applicable laws in your country of residence, you have the right to object to our processing. If you object, we will no longer process your personal data unless there are compelling and prevailing legitimate grounds of processing as described in Article 21 of the GDPR or any other applicable laws in your country of residence; in particular, if the data is necessary for the establishment, exercise or defense of legal claims. You also have the right to lodge a complaint at a supervisory authority.
5. Right to Restrict Processing
You have the right to restrict the processing of your personal data under the conditions set out in Article 18 of the GDPR or any other applicable laws in your country of residence.
6. Right to Personal Data Portability
You have the right to receive your personal data in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller under the conditions set out in Article 20 of the GDPR or any other applicable laws in your country of residence.
7. Right to Opt-Out of the Sale of Personal Information (if any)
You have the right to opt-out of the sale of your personal data (if any) and require us to make a statement regarding whether or not we sell your personal data and provide an opt-out mechanism or link to it except as otherwise stipulated in the CCPA.
8. Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights
You have the right not to receive discriminatory treatment by us for the privacy rights conferred by the CCPA, namely that we shall not offer a financial incentive or a price or service difference due to your exercise of any of your rights under the CCPA unless such difference is reasonably related to the value of your personal data. Notwithstanding the foregoing, we have the right to deny your request to know, request to delete, or request to opt-out for reasons permitted by the CCPA or those regulations thereof, and such denial shall not be considered discriminatory.
9. Right to Authorize an Agent to Make a Request on Your Behalf
You have the right to authorize an agent on your behalf to make a request to know, delete, or opt-out under the CCPA. When you use an authorized agent to submit any request provided above, we may require you to provide signed permission to authorize your agent to do so for the purpose of verifying your own identity, and the official permission by your agent to submit this request. In the case of failure to provide any of the requested materials, to protect the user’s information and data security, we are entitled to denying such request.
Notwithstanding the foregoing, if the applicable laws in your country of residence provide otherwise, the corresponding laws shall govern.
V. OUR POLICIES CONCERNING CHILDREN
The Services are not intended to be accessed by persons under the age of 13, nor do we knowingly collect or solicit personal data therefrom. In the event that we learn that we have inadvertently gathered personally identifiable information from persons under the ages set out below, we will take commercially reasonable measures to ensure that such information is removed from our records.
VI. DATA SECURITY
We use commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you disclose on, through or within the Services and you do so entirely at your own risk. Please note that we cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
If we learn of a security systems breach, we may attempt to notify you electronically so that you can take appropriate protective steps. We may post a notice on the Website if a security breach occurs.
VII. CHANGES AND UPDATES TO THIS PRIVACY POLICY
1. This Privacy Policy may be revised, amended or modified periodically. Please re-visit this page to stay in touch with any changes. Your access of the Services signifies your acceptance and agreement to this Privacy Policy (as may be amended or revised from time to time).
2. For questions about our privacy policy, please submit your questions at orchidgames.play@gmail.com. If you would like to change, modify or update your personal information which you have provided in relation to your Account which you registered with us or pursuant to your access of the Services through your account with any third party service, please submit the request at orchidgames.play@gmail.com.
If you have any questions or concerns about any of the matters in relation to this Privacy Policy, including to exercise any of your rights, then there are several ways of contacting us:
1. via email to orchidgames.play@gmail.com.