Last revised and effective: December 29, 2020
The current version is available at: https://gaijinent.com/en/b/privacypolicy
IMPORTANT NOTICE: PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCEPTING, AND MAKE SURE YOU HAVE REACHED THE AGE OF 16 OR WHICHEVER OTHER AGE MAY BE REQUIRED TO ACCEPT THIS POLICY IN ACCORDANCE WITH THE LAWS OF YOUR COUNTRY OF RESIDENCE. YOU CAN FIND OUT MORE DETAILS ABOUT PERMISSIBLE AGE IN SECTION 12 BELOW. ENGLISH VERSION OF THIS POLICY IS THE ONLY ORIGINAL VERSION AND SHALL PREVAIL IN THE EVENT OF ANY DIFFERENCES, QUESTIONS OR DISPUTES CONCERNING THE MEANING, FORM, VALIDITY OR INTERPRETATION THEREOF.
and/or as a registrar and consequent holder of a user account within our services which is unified for all Gaijin services (“Gaijin Account”).
Please also see our Cookies Policy the current version of which is available at: https://gaijinent.com/en/b/cookie - for better understanding of what cookie-files are and which ones we use.
1. WE AS DATA CONTROLLER
The term “data controller” refers to the legal entity which determines the purposes and means of the processing of your data.
Data controller: one of the following legal entities (depending on the circumstances described right below):
2. WHAT DATA WE PROCESS
2.1. The data below may be provided by different sources, including you (whether intentionally or automatically through the use of our services), our affiliates on our request, and our partners (as described in Section 5 below), or may be generated by us on the basis of the aforementioned data.
2.3. In case we need to process another data about you, we will request a separate approval for such data processing from you.
2.4. Please note that we DO NOT INTENTIONALLY process any special categories of personal data (including any information about your health, race, religion, political views, etc.). We kindly recommend you remain cautious when sharing this data about yourself when using our services, in game chats, on the websites (forums, commentaries, etc.) and otherwise on the Internet.
3. FOR WHAT PURPOSE WE PROCESS YOUR DATA
For your convenience we explained the meaning of each lawful basis used in the table above:
3.2. In case we need to process your data for another purposes, we will request a separate approval for such purposes from you.
4. HOW LONG WE STORE YOUR DATA
4.1. We retain any of your personal data which we collect for as long as your Gaijin Account is active according to the Terms and Conditions, and/or for as long as it is necessary to provide you with the services, and while we have a valid lawful basis for processing your data. We also erase your personal data after reaching the purposes for which we collected such data.
4.2. Please consider that we have the right to continue to retain some of your user data even after complying with your request to delete such data in the following cases:
5. WITH WHOM WE SHARE YOUR DATA
5.2. As a rule, we do not share your data with anyone other than specified in the table above, and we ensure the confidentiality of your data. However, in some cases we may be obliged to provide other third parties with your data if such obligation is imposed on us by applicable law.
Processing your data by our partners
5.4. For your convenience we prepared the list of our main partners to whom we usually disclose user data and the list of their respective privacy policies. Please note that this list is not exhaustive and does not cover all our partners (only main ones), and some of the policies below may be not applicable to your region, please make sure that the privacy police you read applies to your country of residence):
5.6. We may share your user data with any competent law enforcement body, or regulatory or government agency, or with the courts for the purposes of compliance with applicable legislation, or in response to an official and legal request.
Transferring your data abroad
5.8. We operate all over the world, and therefore we may transfer your data to our counterparties (partners, affiliates and etc.) in different countries, including those which are located outside the European Economic Area (EEA). We do all our efforts, including those imposed on us by applicable law, to ensure an adequate level of personal data protection in each case, HOWEVER, we would like you to consider that the countries to which we transfer your data may not have the same data protection laws as your jurisdiction.
5.9. We take all reasonable steps to ensure the confidentiality of your personal data when it is transferred abroad, including to the countries which are located outside the European Economic Area. We will also take reasonable steps to assure that third parties to whom we transfer any personal information will provide sufficient protection of your data. In particular, Gaijin undertakes reasonable physical, technical and administrative security measures to ensure your data is adequately protected, including when it is transferred to countries which are located outside the European Union or European Economic Area: such measures include (without limitation) executing standard contractual clauses which have been adopted by the European Commission, when transferring your data to the third parties located outside the European Economic Area.
Your data and other users
5.10. Please note that other users of our services may see some of your data we process. For example, other users are able to see your nickname and avatar (profile photo) and the data of your linked accounts (including Steam, PSN, Apple Game Center accounts). They can also see any content you post publicly within our services (public messages on forums, attached files and etc.), or some of your game results (data of in-game ratings or leaderboards) and achievements.
6. WHAT ARE YOUR DATA PROCESSING RIGHTS
How to exercises your data protection rights:
6.2. In order to exercise your data processing rights stated in clauses 1-5 of the table above, you should send us a request via our support service: https://support.gaijin.net, and follow the instructions provided or send us such a request directly through your Gaijin Account settings (where available). Other requests concerning your data processing rights can be sent to firstname.lastname@example.org.
6.3. Please note that in some cases, in order to comply with a request, we may ask you to provide us with some additional information where this is necessary to identify you as our user. We undertake to comply with your request free of additional charge within one month of receipt, but in some cases this period may be extended by a further two months. We have the right to refuse to comply with your request or charge a reasonable fee if your request is manifestly unfounded or excessive.
6.4. Please note that complying with your request to restrict processing or to erase your personal data may result in the deletion of your Gaijin Account (including all game results, and any game progress which is associated with your Gaijin Account which will be may be irretrievably lost), so please consider this when deciding to exercise these personal data rights.
6.5. Please also note that uninstalling our game (or any application related to our services) from your device does not automatically result in the erasure of your personal data from our servers.
6.6. We would like to draw your attention on the fact that some of the aforementioned rights may have some limitations in terms of their exercising due to obligations imposed on Gaijin by applicable laws. As instance, in some cases we have to archive your data and continue to store it for a certain period of time (which depends on the requirements set forth by applicable law) even after you requested full erasure of such data.
How to protect your data processing rights:
6.7. As a rule, each country (as instance member-states of European Union) provides at least one independent public authority (supervisory authority) which is responsible for enforcing local data protection laws and protecting personal data rights of natural persons. If you believe Gaijin violates your data protection rights, you may lodge a complaint with a supervisory authority, in particular in the country of your habitual residence, place of work or place where the violation occurred. However, we would like to encourage you to contact Gaijin first, so we could promptly review your complaint, eliminate the violation, if any, and restore your rights. In such case please let us know at: email@example.com.
7. WHAT ARE YOUR DIRECT MARKETING RIGHTS
8. WHAT IS OPT-OUT OPPORTUNITY
8.1. If you wish to opt-out the processing of your data with regard to certain purposes, including the purposes of direct marketing, you should send us a request via our support service: https://support.gaijin.net. However, we would like you to consider that opting-out certain processing purposes may lead to impossibility of providing you our certain (or even all) services in part (or at all). We will take our best efforts to minimize such services limitations.
Opt-out opportunities for California and Nevada residents
8.3. Despite Gaijin did not sell (but could share in accordance with Section 5 above) your data in the last 12 months, we would like to inform you that both California and Nevada state grant its residents the following opt-out rights:
8.3.1. California residents using our services have the right to opt out the disclosure of their personal data to third parties for direct marketing purposes. If you would like to exercise this right you should contacting us at: firstname.lastname@example.org.
8.4. For a list of the categories of personal data we have shared for commercial purposes during the last 12 months, please contact us at: email@example.com.
9. HOW AUTOMATED DECISION-MAKING APPLIES TO YOU
9.1. Gaijin itself do not use your data for profiling or other means of automated decision-making that could affect your legal situation (including your access to the services or other rights under the Terms and Conditions).
10. HOW WE SECURE YOUR DATA
10.2. Please consider that we maintain some of our servers, where we store your data, and the databases containing your data outside the European Economic Area, and most likely, outside the country of your residence.
11. HOW TO WITHDRAW YOUR CONSENT
11.2. Please also note that uninstalling our game (or any application related to our services) from your device does not automatically result in consent withdrawal or any deleting your personal data from our servers.
12. HOW WE TREAT CHILDREN’S DATA
12.1. We acknowledge the importance of protecting children’s data and confirm our special duty to act accordingly. Despite we do not intentionally collect, store or otherwise process any personal data of users under the age of 16, unless we are furnished with the duly obtained consent for that from their parent, legal guardian or other holder of parental responsibility.
12.2. If we learn that we have unintentionally collected personal data from a child under 16 (or a child who has not reached the age of consent in accordance with their applicable legislation) without the consent of that child’s holder of parental responsibility, we will take all reasonable steps to erase this information as soon as possible.
12.3. If you find out that your child has provided us with their personal data without your consent, or you believe that we have unintentionally collected your child’s data and processed such data in violation of applicable law, you the right to request the removal of any such data by contacting us at https://support.gaijin.net. We appreciate your providing us with conclusive evidence that:
12.4. We strongly encourage parents, legal guardians or other holders of parental responsibility to instruct their children to never disclose their real names, addresses, phone numbers or any other sensitive data about themselves when using our services, in game chats, on the websites (forums, commentaries, etc.) and otherwise on the Internet.
13. HOW WE PROCESS YOUR COOKIES
15. HOW TO CONTACT US
15.2. Please also consider that for security reasons your requests concerning exercising your personal data rights as mentioned, among others, in Sections 6, 8, 11 and 12 shall be submitted through our support service at: https://support.gaijin.net.