Privacy Policy
Effective: December 1, 2020
NigelMNZ provides websites, including www.nigelmnz.com and its
subdomains (collectively, the “Websites”), video games (collectively,
the “Games”), and other online services (collectively, with the Websites
and the Games, the “Services”).
1. What does this Privacy Policy cover?
This Privacy Policy (this “Policy”) sets forth how we collect, use,
protect, store, disclose, and otherwise process your Personal
Information (defined below).
This Policy also does NOT apply to information you provide to any third
party or is collected by any third party (except as otherwise provided
below).
By using our Services, you are confirming that you understand English
well enough to understand this Policy. Should you have questions about
this Policy, please contact us by emailing us at nigelmnz@gmail.com, so
we can clarify and address your questions.
2. How do we process Children’s Personal Information?
Our Services are not designed for Children, and we do not intentionally
or knowingly collect, use, store, disclose, or otherwise process any
Personal Information from Children. A “Child” is a person under 16 years
old. If you are a parent or guardian of a Child who has submitted
Personal Information, please contact us by emailing us at
nigelmnz@gmail.com.
3. What types of Personal Information do we collect?
Generally
We may collect different types of information from you depending on how
you use our Services, including Personal Information. “Personal
Information” means information that relates to an identified or
identifiable natural person. The categories of Personal Information we
may collect are listed below. Certain types of Personal Information may
fall under more than one category.
-
Identifiers: We may collect your name, username, email address,
billing address, shipping address, device information, Internet
Protocol address, device identifiers, and other online identifiers,
such as a support ticket ID.
-
Commercial information: We may collect your payment information and
purchase history, including the value and details of your purchases.
-
Geolocation data: We may collect your location such as your zip
code, city, state, and country.
-
Internet or other similar network activity: We may collect
information regarding your gameplay such as events completed or
actions taken within the Games and your interaction with the
Websites, including pages viewed.
-
Categories of personal information described in Section 1798.80(e)
of the California Customer Records: We may collect your name,
billing address, shipping address, payment information, and
telephone number.
-
Other categories: We may collect information from the content that
you share publicly in the Games through public functions or that you
send to us directly when you contact us or report a problem with the
Services. We may also collect information that does not generally
identify you but may become associated with your account. We may use
information that does not identify you for any permissible business
purpose under applicable law.
4. From what sources do we collect Personal Information?
Directly From You
We may collect your Personal Information when you provide it to us
directly. For example:
-
When you create an account for a Game, we may collect your username,
email address, and Internet Protocol address.
-
When you play a Game, we may collect your username, Internet
Protocol address, and gameplay information, such as events completed
or actions taken within the Game.
-
When you use the public functions in a Game, we may collect the
information you choose to disclose.
-
When you purchase merchandise from our Websites, we may collect your
name, billing address, shipping address, email address, phone
number, purchase history, and payment information.
-
When you sign up for our newsletter, we may collect your email
address.
-
When you contact us or report a problem with the Services, we may
collect your email address and records and copies of your
correspondence.
-
When you respond to a survey or questionnaire, we may collect the
information provided.
Automatically From You
We may collect your Personal Information automatically as you use our
Services. For example, we may collect your Personal Information as you
interact with our Websites or as you play the Games. For more
information about our and third parties’ use of cookies and other
automatic data collection technologies and certain choices we offer you
with respect to them, please see Section 5 below.
From Third Parties
We may receive your Personal Information from or through third parties
that help us provide or facilitate your access to the Services. For
example, we may receive your Personal Information from e-commerce and
merchandising service providers such as Shopify, digital content stores
such as Google Play, payment service partners such as Xsolla, data
analytic partners such as Unity Analytics, and other users of a Game
(e.g., if a user reports to us that you are using offensive language in
the public functions of a Game or are attempting to hack a Game, we may
collect the information provided by that user about you and create a
report of your actions).
We abide by this Policy when we use Personal Information provided to us
by third parties. However, we do not control the Personal Information
that third parties collect or how they use that Personal Information.
You should review the third parties’ privacy policies for more
information about how they collect, use, and share the Personal
Information they obtain and use.
5. How do we and third parties use cookies and other automatic data
collection technologies?
Cookies are small data file identifiers that are transferred to your
computer or mobile web browser that allow us and third parties to
recognize your browser or mobile device and transfer information about
you and your use of our Services.
Our Cookies and Other Automatic Data Collection Technologies
We may use cookies and other automatic data collection technologies on
the Services to collect Personal Information, for example, regarding
your interaction with the Websites, including pages viewed.
Third Party Cookies and Other Automatic Data Collection Technologies
Cookies and other automatic data collection technologies on the Services
may come from third parties. These cookies and other automatic data
collection technologies improve your experience by helping us better
tailor our Services to you.
-
Shopify: We may use Shopify, an e-commerce service offered by
Shopify Inc., a Canadian corporation, with offices located at 151
O’Connor Street, Ground floor, Ottawa, Ontario, K2P 2L8. Shopify may
use cookies to collect your Personal Information on our behalf to
help us improve the merchandise sold on the Websites.
-
Unity Analytics: We may use Unity Analytics, an analytics service
offered by Unity Technologies, 30 3rd Street, San Francisco, CA
94103 and Unity Technologies Finland OY, Kaivokatu 8 B, 00100
Helsinki, Finland. Unity Analytics collects Personal Information
directly from your device and uses this Personal Information to help
us analyze your use of the Games. You can view their
Privacy Policy, which includes instructions on how to restrict the collection of
Personal Information.
Choices about Cookies
You may set your browser to refuse all or some browser cookies or to
alert you when cookies are being sent. Please note that, if you disable
or refuse cookies or other automatic data collection technologies, some
aspects of the Services may be inaccessible or not function properly.
6. For what purposes do we collect Personal Information?
-
To provide or improve the Services – We may use your Personal
Information to process your requests to access the Services and
certain of their features and to generally present and improve the
Services. For example, we may use your Personal Information to
improve the Games.
-
To administer the Services – We may use your Personal Information
for any lawful business purpose in connection with administering the
Services. For example, if you reach out to us with a customer
service inquiry, we may use your Personal Information to respond to
you or to troubleshoot a problem you reported having with the
Services.
-
To market the Services – We may use your Personal Information to
market the Services to you. For example, with your prior consent, we
may send you news and updates about our products and the Services.
-
In furtherance of legal, health, and safety objectives – We may
access, use, and share with others your Personal Information for
purposes of health, safety, and other matters in the public
interest. We may also provide access to your Personal Information to
cooperate with official investigations or legal proceedings (e.g.,
in response to subpoenas, search warrants, court orders, or other
legal processes). We may also provide access to your Personal
Information to protect our rights and property and those of our
agents, users, and others including to enforce our agreements,
policies, and Terms of Use.
-
In connection with a sale or other transfer of our business – In the
event all or some of our assets are sold, assigned, or transferred
to or acquired by another company due to a sale, merger,
divestiture, restructuring, reorganization, dissolution, financing,
bankruptcy, or otherwise, your Personal Information may be among the
transferred assets.
-
As we may describe to you when collecting your Personal Information
– There may be other situations when we collect your Personal
Information and simultaneously describe the purpose for that
collection.
7. In what situations do we disclose your Personal Information?
Third Party Service Providers
We may disclose your Personal Information to a third party such as a
service provider for a business purpose. When we disclose Personal
Information for a business purpose, we enter into a contract with the
service provider that describes the purpose and requires the service
provider to both keep that Personal Information confidential and not use
it for any purpose except performing the contract. These service
providers include our consultants, e-commerce and merchandising service
providers, and player support service providers.
Others
We may also disclose your Personal Information:
- To our subsidiaries and affiliates;
-
To our lawyers, consultants, accountants, business advisors, and
similar third parties who owe us duties of confidentiality;
-
To a buyer or other successor in the event of a sale, merger,
divestiture, restructuring, reorganization, dissolution, or other
transfer of some or all of our assets, whether as a going concern or
as part of bankruptcy, liquidation, or similar proceeding, in which
Personal Information held by us pertaining to the users of the
Services is among the assets transferred;
-
To comply with any court order, law, or legal process, such as
responding to a government or regulatory request;
- To enforce any contract we may have in effect with you;
-
If we believe disclosure is necessary or appropriate to protect the
rights, property, or safety of us, our users, or others; and
- If you have consented to such a disclosure.
8. How is my Personal Information protected?
Our Retention, Purpose Limitation, and Security Policies
We protect your Personal Information through a combination of
collection, security, and retention policies.
-
Limited retention. We only keep your Personal Information for as
long as we need it for business and operational needs or to comply
with any statutory, regulatory, or legal obligations. For example,
we may retain Personal Information collected from you to support
customer service inquiries and prevent repeated violations or
suspected violations of our Terms of Use if your account has been
banned or your access to the Services has been disabled for any
reason.
-
Purpose limitation. We will use your Personal Information only for
the Services you choose to access and for the purposes for which you
choose to share it. We will respect your requests to start or stop
processing your Personal Information for marketing purposes, as well
as the types of marketing messages you may wish to receive.
-
Security measures. We use appropriate measures to ensure a level of
security appropriate to the risk involved and have implemented
contractual, technical, administrative, and physical security
measures designed to protect Personal Information from unauthorized
access, disclosure, use, and modification. As part of our privacy
compliance processes, we review these security procedures on an
ongoing basis to consider new technology and methods as necessary.
However, please understand that our implementation of security
measures as described in this Policy does not guarantee the security
of your Personal Information.
-
In the event of a security breach, we will notify the proper
regulatory authorities and any affected users of the breach
within 72 hours after we become aware of the breach.
Your Practices and Activities
Your practices and activities are likewise very important for the
protection of your own Personal Information. You can take certain steps
to help protect your Personal Information, such as being mindful of what
you share publicly in the Games. For example:
- Do not use your real name when selecting a username.
-
Do not post your real name in public-facing areas of the Services
and do not share anything private about yourself or anyone else.
Please remember that we have no control over what third parties do with
the content of your communications and no responsibility or obligation
regarding third parties.
9. Additional Notice for European Union Residents
The following applies to European Union residents pursuant to the
Regulation (EU) 2016/679 of the European Parliament and of the Council
of 27 April 2016 (General Data Protection Regulation):
Place of Business
We may store or process your Personal Information outside of the country
where we collect the information or the country in which you reside. Our
primary place of business in the United States of America. You should
understand that we may transfer some or all of your Personal Information
to the United States of America to carry out certain operational and
processing needs as described in this Policy.
Transfer Mechanisms
When transferring Personal Information out of the EU, we implement
technical, organizational, and physical safeguards to protect your
Personal Information. We use European Commission approved standard
contractual clauses and implement related measures required by
applicable law. Please contact us if you have questions related to the
relevant transfer mechanism for your Personal Information.
Lawful Basis
We only collect, use, or store your Personal Information if:
-
You voluntarily provide it to us with your specific, informed, and
unambiguous consent (for example, when you sign up for our
newsletter);
-
It is necessary to provide you with a Service that you have
requested (for example, providing you access to the Games);
-
We have a legitimate business interest that is not outweighed by
your privacy rights (for example, to provide customer service); or
-
It is necessary to protect your vital interests or the vital
interests of others (for example, we may collect or share Personal
Information where necessary to resolve an urgent medical situation
or protect the health or safety of one of our users or someone
else).
Right to Access, Correct, Delete, or Restrict Processing
Subject to any limitations and exceptions under applicable law, you have
the right to request access to your Personal Information and exercise
the following rights:
-
You have the right to correct or update certain types of Personal
Information. In many cases, you can review or update your account
information by accessing your account online.
-
You have the right to request deletion of your Personal Information.
If you choose to have your Personal Information removed from the
Services, we will carry out your request within 30 days of account
verification, subject to extension and we will only retain minimal
Personal Information to document your request and the actions we
took to carry out your request.
-
You have the right to restrict certain processing of your Personal
Information and the right to object to some types of processing of
your Personal Information.
-
You have the right to withdraw your consent at any time, including
objecting to your Personal Information being used for marketing or
advertising purposes.
We will comply with your requests in accordance with, and subject to,
applicable law. For example, we are not required to delete your Personal
Information if we have an overriding legitimate ground for retaining
that information, such as to prevent fraud. Please note that we are
legally prohibited from carrying out requested actions in some
instances, including (1) when we are unable to confirm your identity,
(2) where the request is considered excessive, and (3) where doing so
would adversely affect the rights or freedoms of other individuals.
We Are Here to Help
Please email us at nigelmnz@gmail.com with the subject line “GDPR” if
you would like to exercise any of the rights described above or if you
have questions regarding your rights.
Right to Complain
You have the right to lodge a complaint regarding our collection,
storage, or processing of your Personal Information with a data
protection supervisory authority in the country where you live or work.
10. Additional Notice for California Residents
Do Not Track Signals
The following applies to California residents pursuant to the California
Online Privacy Protection Act:
-
We do not track users of our Services over time and across third
party websites or online services and therefore do not respond to Do
Not Track signals. We are not aware of any third party that tracks
users of our Services over time and across third party websites or
online services.
California Shine the Light Law
The following applies to California residents pursuant to the California
Shine the Light Law:
-
California residents may request information from us concerning any
disclosures of Personal Information we may have made in the prior
calendar year to third parties for direct marketing purposes. If you
are a California resident and you wish to request information about
our compliance with this law or our privacy practices, please
contact us at nigelmnz@gmail.com.
California Consumer Privacy Act of 2018
The following applies to California residents pursuant to the California
Consumer Privacy Act of 2018 (“CCPA”):
-
We have disclosed the categories of Personal Information listed in
Section 3 above for business purposes to those persons or companies
identified in Section 7 above.
-
We do not sell your Personal Information. We only disclose Personal
Information to our service providers and those other persons or
companies identified in Section 7 above.
-
You have the right to request that we disclose certain information
to you about our collection and use of your Personal Information
over the past 12 months. Once we receive and confirm your verifiable
consumer request, we will disclose to you, to the extent retained by
us:
-
The categories of Personal Information we collected about
you.
-
The categories of sources for the Personal Information we
collected about you.
-
Our business or commercial purpose for collecting or selling
that Personal Information.
-
The categories of third parties with whom we share that
Personal Information.
-
The specific pieces of Personal Information we collected
about you (also known as a data portability request).
-
If we sold or disclosed your Personal Information for a
business purpose, two separate lists disclosing: (1) sales,
identifying the Personal Information categories that each
category of recipient purchased; and (2) disclosures for a
business purpose, identifying the Personal Information
categories that each category of recipient obtained.
-
You have the right to request that we delete any of your Personal
Information that we collected from you and retained, subject to
certain exceptions. Once we receive and confirm your verifiable
consumer request, we will delete (and direct our service providers
to delete) your Personal Information from our records, unless an
exception under CCPA applies. We may deny your deletion request if
retaining the information is necessary for us or our service
providers to:
-
Complete the transaction for which we collected the Personal
Information, provide the Service that you requested, take
actions reasonably anticipated within the context of our
ongoing business relationship with you, or otherwise perform
our contract with you.
-
Detect security incidents, protect against malicious,
deceptive, fraudulent, or illegal activity, or prosecute
those responsible for such activities.
-
Debug the Services to identify and repair errors that impair
existing intended functionality.
-
Exercise free speech, ensure the right of another user to
exercise their free speech rights, or exercise another right
provided for by law.
-
Comply with the California Electronic Communications Privacy
Act (Cal. Penal Code § 1546 et. seq.).
-
Engage in public or peer-reviewed scientific, historical, or
statistical research in the public interest that adheres to
all other applicable ethics and privacy laws, when the
information’s deletion may likely render impossible or
seriously impair the research’s achievement, if you
previously provided informed consent.
-
Enable solely internal uses that are reasonably aligned with
user expectations based on your relationship with us.
- Comply with a legal obligation.
-
Make other internal and lawful uses of the information that
are compatible with the context in which you provided it.
We will not discriminate against you for exercising any of your CCPA
rights. Unless permitted by the CCPA, we will not:
- Deny you the Services.
-
Charge you different prices or rates for the Services, including
through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of the Services.
-
Suggest that you may receive a different price or rate for the
Services or a different level or quality of the Services.
Verifiable Consumer Requests under CCPA
To exercise your rights described above, please email us at
nigelmnz@gmail.com with the subject line “CCPA”. Only you, or someone
legally authorized to act on your behalf, may make a verifiable consumer
request related to your Personal Information. You may also make a
verifiable consumer request on behalf of your Child. You may only make a
verifiable consumer request for access or data portability twice within
a 12-month period. The verifiable consumer request must:
-
Provide sufficient information that allows us to reasonably verify
you are the person about whom we collected Personal Information or
an authorized representative.
-
Describe your request with sufficient detail that allows us to
properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with Personal
Information if we cannot verify your identity or authority to make the
request and confirm that the Personal Information relates to you. Making
a verifiable consumer request does not require you to create an account
with us. We will only use Personal Information provided in a verifiable
consumer request to verify your identity or authority to make the
request.
Response Timing and Format under CCPA
We endeavor to respond to a verifiable consumer request under CCPA
within 45 days of its receipt. If we require more time, we will inform
you of the reason and extension period in writing. If you have an
account with us, we will deliver our written response to that account.
If you do not have an account with us, we will deliver our written
response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding
the receipt of verifiable consumer request. The response we provide will
also explain the reasons we cannot comply with a request, if applicable.
For data portability requests, we will select a format to provide your
Personal Information that is readily useable and should allow you to
transmit the information from one entity to another entity without
hindrance.
We do not charge a fee to process or respond to your verifiable consumer
request unless it is excessive, repetitive, or manifestly unfounded. If
we determine that the request warrants a fee, we will tell you why we
made that decision and provide you with a cost estimate before
completing your request.
11. How will we notify users of changes to this Policy?
We reserve the right to change this Policy from time to time consistent
with applicable law. If we make changes to this Policy, we will notify
you by revising the date at the top of this Policy, and in some cases,
we may provide you with additional notice (such as adding a statement in
the Games or the homepages of our Services, or sending you an email
notification).
12. How can someone contact us?
If you have questions, you may email us at nigelmnz@gmail.com.
If you are a law enforcement agency, please email us at
nigelmnz@gmail.com with your request for Personal Information with the
subject line “Law Enforcement Request.”