PRIVACY POLICY

Last Updated: May 20th, 2020

INTRODUCTION

This privacy policy informs you of your choices and our practices regarding any personal information you provide to us. Your use of the mobile game (“Game”) and website for the Game (“Community Website”) distributed by HONG KONG TOUDA CO., LTD. (“TOUDA”, “we” or “us”) involves the collection and use of your personal information. It is important for you to understand how this happens and how you may control it.

When you contract to use the Game or use the Community Website (the “Game Services” or “Services”), you accept our rules and policies regarding your personal information and you expressly consent to us collecting, processing, using and storing your personal information, as described in this policy.

You acknowledge that you have read and understood this privacy policy. If you do not agree with this privacy policy, you must not use the Game Services. If you change your mind in the future, you may withdraw your consent to use of your personal information in accordance with this policy.

If you have any comments, questions or complaints regarding the processing of your personal information, you can contact us at toudagame@hktouda.com.

The Types of Personal Information We Use

This section describes the different types of personal information we collect and how we collect it. We will collect and use the following information about you:

• Information you give us. You give us information about you:

o when you register for the Game (including your nominated nickname, and information we import from your connected social media account (e.g. Facebook, Twitter, Google or Apple sign-in account) in order to set up your profile, including your name as it appears on your social media profile and your profile picture;

o when you set up your profile for the Game (including information you voluntarily elect to provide in order to customise gameplay, such as gender);

o when you submit your contact details to us (including your name, email address and physical address) as part of promotional activities for the Game; and

o when you make purchases in the Game (in which case we will process the information you provide to us to facilitate the payment).

• Information we collect about you. We maybe collect certain data from you when you use the Game and/or the Community Website, including your IP address, physical location and device information (such as device type, network data, OS) and information regarding your use of the Game and/or the Community Website, such as date and time stamps of actions. We also collect and store your data each time you interact with us, for example, when you use in-app support to communicate with us. For the avoidance of doubt, we will collect your IDFA information only after we have obtained your authorization.

• Information you generate and display in the course of using the Game Services. You may provide additional information as part of your profile (such as gender). You may also provide or generate information when you communicate with other users in the Game (e.g., chat log data, chat content). 

Children

Our Service is not intended for children. If you are located in the European Economic Area and under the age of 16, you must not use the Service for any purpose.

How We Use Your Personal Information

We will use the information in the following ways and in accordance with the following legal bases:

Registration Information (ID on social media accounts like Facebook, Twitter, Game Center, Google Play, Apple (collectively, “Social ID”), Open ID, nick name, email address, avatar): We use Registration Information to set-up user accounts, allow users to log-in to the Game and provide Services to users. We use this information with your consent to this Privacy Policy.

Device Information (Device ID, Device Type, Operating System, CPU, RAM, IP address, MAC address): We use this information to provide and improve the Game Services such as: to allow users to download and install the Game on their devices; to record and keep track of requests from users of the Game; to detect the user network and device status when the user is playing the Game; and to correct bugs or errors that occur when the user is playing the Game. Use of Device Information is necessary to perform our contract with you to provide the Game.

Contact Information (Email, Instant Messaging Account): We may use this information to send notifications to users to inform them of our promotional activities and any rewards they are entitled to. When you forget the account password of the game, you can use the mailbox to retrieve it. We use this information with your consent to this Privacy Policy.

Social ID: We use this information to share certain content on social media. We use this information with your consent to this Privacy Policy.

User Profile (gender, age and etc): We may use this information to provide customized services to users such as personal information page. We use this information with your consent to this Privacy Policy.

Game Data (Level, Heroes, Score, chat log and etc): We use this information to provide Services to users as it is the basis of our Game. Use of Game Data is necessary to perform our contract with you to provide the Game.

How We Store and Share Your Personal Information

In order to perform our contract with you, your personal information will be accessible from and will be processed on our servers (depending upon your location and the game server you select). Our servers are located in:

• the United States; and

• the People’s Republic of China (“PRC”), including Hong Kong Special Administrative RegionChina; and

• Federal Republic of Germany.

We share your personal information with selected third parties in and outside your country, including:

• third parties that provide services in support of the Game and the Community Website, including:

o Appsflyer, whose data center is located in Ireland, that processes Device ID and some of in-app activities, on the basis of your consent to this Privacy Policy, for the purpose of the evaluation of its marketing services;

o Facebook, located in the United States, that processes Device ID and some of in-app activities, on the basis of Privacy-Shield certified, for the purpose of the evaluation of its marketing services;

o Apple, located in the United States, that processes of purchase information, on the basis of the performance of our contract with you, for the purpose of sign-in function and providing in-app purchase;

o Google, located in the United States, that processes of purchase information, on the basis of Privacy-Shield certified, for the purpose of providing in-app purchase;

• related group companies, with whom we share all of your personal information to operate the Game Services. The transfers contemplated above are made pursuant to our contract with you.

• law enforcement agencies, public authorities or other judicial bodies and organisations. We disclose information if we are legally required to do so, or if we have a good faith belief that such use is reasonably necessary to:

o comply with a legal obligation, process or request;

o enforce our terms of service and other agreements, policies, and standards, including investigation of any potential violation thereof;

o detect, prevent or otherwise address security, fraud or technical issues; or

o protect the rights, property or safety of us, our users, a third party or the public as required or permitted by law (including exchanging information with other companies and organisations for the purposes of fraud protection); and

• a third party that acquires all or substantially all of us or our business. We will disclose information to a third party in the event that we sell or buy any business or undergo a merger, in which case we will disclose your data to the prospective buyer of such business. We will also disclose information to a third party if we sell, buy, merge or partner with other companies or businesses, or sell some or all of our assets. In such transactions, user information may be among the transferred assets.

Third Party Services on Our Services

We may (whether in advertisements or otherwise within our services) provide you with links that allow you to access third party services or websites.

These third party services may be hosted by the relevant third party or us. Your use of any such third party services (whether social media services or otherwise), including any Personal Information you provide to such third parties, are subject to the relevant third party’s own terms of services and privacy policies and not the User Agreement  or this Privacy Policy, so please review their terms carefully.

This Privacy Policy only applies to any Information collected by us, does not apply to any services offered by or information practices of any third parties, and we bear no liability for any third party use of any Information provided by you to them.

The Security of Your Personal Information

We are committed to maintaining the privacy and integrity of your personal information no matter where it is stored. Our group companies have information security and access policies that limit access to our systems and technology. We also protect data through the use of technological protection measures such as encryption. Your personal information will remain subject to our technical and organisational controls and our policies and procedures (including this Privacy Policy).

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of the information transmitted to our services; any transmission of your information is at your own risk.

Data Retention

We will retain most of your personal information for the lifetime of your use of the Services (i.e. until account deletion in accordance with your request) except that: Contact Information obtained from promotional activities will be retained during the lifetime of such activities and Contact Information obtained from customer services will be retained within two years of the date you provide.

When destroying personal information, measures will be taken to make the personal information irrecoverable or irreproducible, and electronic files which contain personal information will be deleted permanently using a technical method which makes the files irreproducible.

In the event that the processing and retention period have terminated, but personal information is required to be retained continuously for other reasons including for the purposes as prescribed under applicable laws, the relevant personal information will be stored and maintained separately from other types of personal information. If you require us to destroy your personal information before the end of its life cycle (as set out in the retention policy above), we will destroy your personal information in accordance with local laws).

Your Rights

This section (“Your Rights”) applies to users that are located in the European Economic Area only. For users located in other territories, please refer to the privacy clauses in our User Agreement.

You have certain rights in relation to the personal information we hold about you. Some of these only apply in certain circumstances (as set out in more detail below). We must respond to a request by you to exercise those rights without undue delay and at least within one month (though this may be extended by a further two months in certain circumstances). To exercise any of your rights, please contact us at toudagame@hktouda.com.

Access

You have the right to access personal information we hold about you, how we use it, and who we share it with. If you believe we hold any other personal information about you, please contact us.

Portability

You have the right to receive a copy of certain personal information we process about you. This comprises any personal information we process on the basis of your consent (e.g., gender information) or pursuant to our contract with you (e.g., game play statistics), as described in the section “How We Use Your Personal Information”. You have the right to receive this information in a structured, commonly used and machine-readable format. You also have the right to request that we transfer that personal information to another party.

If you wish for us to transfer such personal information to a third party, please ensure you detail that party in your request. Note that we can only do so where it is technically feasible. Please note that we may not be able to provide you with personal information if providing it would interfere with another’s rights (e.g., where providing the personal information we hold about you would reveal information about another person or our trade secrets or intellectual property).

Correction

You have the right to correct any personal information held about you that is inaccurate. If you believe we hold any other personal information about you and that information is inaccurate, please contact us.

Erasure

If you would like to delete your account or remove certain personal information, please contact us. We will help you delete your personal information after verifying your identity.

If there is any other personal information you believe we process that you would like us to erase, please contact us. We will help you delete your personal information after verifying your identity.

You may request that we erase the personal information we hold about you in the following circumstances:

• you believe that it is no longer necessary for us to hold such personal information; or

• you believe the personal information we hold about you is being unlawfully processed by us.

You can also exercise your right to restrict our processing of your personal information (as described below) whilst we consider your request.

We may need to retain personal information if there are valid grounds under data protection laws for us to do so (e.g., for the defence of legal claims or freedom of expression) but we will let you know if that is the case. Where you have requested that we erase personal information that has been made available publicly on the Game Services and there are grounds for erasure, we will use reasonable steps to try to tell others that are displaying the personal information or providing links to the personal information to erase it too.

Restriction of Processing to Storage Only

You have a right to require us to stop processing the personal information we hold about you other than for storage purposes in certain circumstances. Please note, however, that if we stop processing the personal information, we may use it again if there are valid grounds under data protection laws for us to do so (e.g., for the defence of legal claims or for another’s protection). As above, where we agree to stop processing the personal information, we will try to tell any third party to whom we have disclosed the relevant personal information so that they can stop processing it too.

You may request we stop processing and just store the personal information we hold about you where:

• you believe the personal information is not accurate for the period it takes for us to verify whether it is accurate;

• you wish to erase the personal information as the processing we are doing is unlawful but you want us to retain the personal information but just store it instead; or

• you wish to erase the personal information as it is no longer necessary for our purposes but you require it to be stored for the establishment, exercise or defence of legal claims.

Objection

You have the right to object to our processing of personal information about you. We will consider your request in other circumstances as detailed below by contacting us.

Announcements

We may from time to time send you announcements when we consider it necessary to do so (such as when we temporarily suspend Game access for maintenance, or security, privacy or administrative-related communications). You may not opt-out of these service-related announcements, which are not promotional in nature.

Contact & Complaints

For the purposes of European Data Protection Law, the Data Controller is HONG KONG TOUDA CO., LTD.

In the event that you wish to make a complaint about how we process your personal information, please contact us in the first instance.

--Contact Information--

Name: HONG KONG TOUDA CO., LTD.

Mail: toudagame@hktouda.com

This is without prejudice to your right to launch a claim with the data protection authority in the country in which you live or work where you think we have infringed data protection laws.

Changes

We may update this Privacy Policy from time to time by posting the amended terms in our Game or websites. If we make any material changes to this policy, we will post the updated policy here and notify our users. Please check this page frequently to see any updates or changes to this policy. Your continued use of our Game will be deemed as your acceptance of the updated agreement.