DMM.com

PRIVACY POLICY

This Privacy Policy applies only to the Exile Skies mobile game application and website http://exileskies.com (the “Game”) controlled by DMM Games LLC (“DMM,” “we,” “us” or “our”). This Privacy Policy is designed to help you understand the types of information we collect, how we use and share that information, and how we protect that information. Please read this Privacy Policy carefully because by using the Game, you consent to the terms and conditions of this Privacy Policy and to our processing of personal information for the purposes stated below. If you do not agree to the terms and conditions of this Privacy Policy, please do not use the Game. We encourage you to periodically review this Privacy Policy to keep up to date on our privacy practices.

Your use of the Game is also expressly subject to our Terms of Use. This Privacy Policy is incorporated by reference into the Terms of Use.

PLEASE NOTE THE ARBITRATION PROVISION SET FORTH BELOW, WHICH MAY REQUIRE YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST DMM ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

  1. Types of Information Collected

    We collect two types of information from users of the Game: (i) personal information; and (ii) non-personal information. “Personal information” is any information relating to an identified or identifiable natural person. “Non-personal information” includes technical information that does not identify an individual personally. Please note that over time, non-personal information may become personal information due to regulatory developments, technological advancements, or the co-mingling of personal and non-personal information. In particular, we collect the following information from and about you:

    • Account information.

      When you create an account to play the Game, we may collect your name, username (i.e. nickname) and password, e-mail address, gender, birth date, country and time zone, profile picture, and URL of your home page;
    • Payment information.

      When you purchase an event, such as new ships and stages, we may collect information about your purchase, examples of such information include, but not limited to, what you buy, when you buy and how much you spent;
    • Location information.

      We may collect location information using the GPS functionality on your device or using your IP address;
    • Device information.

      When you play the game on your device, we may collect information about your device, including, but not limited to, manufacturer name, model name, model number, international mobile equipment identifier (IMEI), operating system, web browser, language used on your device, IP address, UDID, and MAC address;
    • Usage information.

      When you play the Game, we may collect information, including, but not limited to login dates, login times, and progress status of the Game;

    You have choices about the information we collect. When you are asked to provide personal information, you may decline. However, if you choose not to provide information that is necessary to provide the Game, you may not be able to use some of the features of the Game.

  2. Collection of Personal Information from Children

    We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to use the Game. In the event that we learn that we have collected personal information from a child under the age of 13, we will delete that information without undue delay. If you believe we may have personal information from or about a child under the age of 13, please contact us at [support@exile-skies.zendesk.com].

  3. Use of Information Collected

    We use personal information collected from and about you primarily for the following purposes:

    • Creating an account for you, which allows you to login to the Game;
    • Delivering content and the provision of related services;
    • Service development, compiling statistics, analysis, and other activities intended to improve our services;
    • Contacting you about important matters, including, but not limited to, interruption of services due to server maintenance;
    • Completing a transaction or service requested by you, including, but not limited to, contacting you in response to any inquiries;
    • Other manners as disclosed within this Privacy Policy or at the time of collection.
  4. Sharing and Disclosure of Information Collected

    We may share or disclose your personal information in the following instances and to the following parties:

    • Our contractors and service providers, for the purpose of operating our business and providing our services;
    • Third-parties which may be the result of any mergers, acquisitions, asset sales, joint ventures, etc.;
    • Third-parties in a good faith belief that such disclosure is reasonably necessary to (a) take action regarding suspected illegal activities; (b) enforce or apply this Privacy Policy; (c) comply with legal process, such as a search warrant, subpoena, statute, or court order; or (d) protect our rights, reputation, and property, or that of our users, affiliates, or the public.
  5. Opt-Out

    We communicate with users who subscribe to our services on a regular basis via email. For example, we may use your email address to send you information about changes to our services and other disclosures as required by law. Generally, users cannot opt-out of these communications, but they will be primarily informational in nature rather than promotional.

  6. Third-Party Websites

    This Privacy Policy applies solely to information collected through the Game. The Game may contain links to other websites. We are not responsible for the privacy practices or the content of these other websites. If you have any questions about how these other websites use your information, you should review their policies and/or contact them directly.

  7. Public Posting Area

    Please note that any information you include in a message you post to any public posting area, such as a chat room, is available to anyone with Internet access. Therefore, we strongly recommend you not to post your personal information (for example, your e-mail address) to such public posting area. PLEASE BE EXTREMELY CAREFUL WHEN DISCLOSING ANY INFORMATION IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS.

  8. International Data Transfers

    If you choose to provide us with personal information, it will be stored in Japan, USA and/or may be stored in other jurisdictions. DMM may transfer that information to its affiliates and subsidiaries, across borders, and from your country or jurisdiction to other countries or jurisdictions around the world. If you are using the Game in the European Union or other regions with laws governing data collection and use, please note that your personal data is transferred to Japan and may be transferred to other jurisdictions. Japan and these other jurisdictions may not have the same data protection laws as the European Union and may not afford many of the rights conferred upon data subjects in the European Union. By providing your personal information you consent to:

    • The use of your personal information for the uses identified above in accordance with this Privacy Policy; and
    • The transfer of your personal information to Japan as indicated above.
  9. Security

    No data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you understand that any information that you transfer to DMM is done at your own risk. DMM specifies rules for the protection of personal information, and incorporates appropriate administrative, technical, organizational and physical security measures that are required under applicable regulations. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered or destroyed by breach of secure server software.

    If we learn of a security systems breach, we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Game or providing personal information to us, you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Game. We may post a notice on the Game if a security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may be entitled to receive written notice of a data security breach.

  10. Dispute Resolution and Agreement to Arbitrate

    By using the Game, you and we agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Game, or the breach, enforcement, interpretation, or validity of this Privacy Policy or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Notice shall be sent to:

    • Us, at [support@exile-skies.zendesk.com], or
    • You, at the address we have on file for you.

    Both you and we agree that this dispute resolution procedure is a condition precedent that must be satisfied before taking any legal action or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties.

    The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this Privacy Policy, including any claim that all or any part of this Privacy Policy is void or voidable.

  11. Governing Law

    This Privacy Policy has been made in, and shall be construed in accordance with, the laws of Japan, without giving effect to any conflict of law principles.

  12. California Privacy Rights and How We Respond to Do Not Track Signals

    California Civil Code Section 1798.83 permits our visitors who are California residents to request certain information regarding our disclosure of personal information with third parties for their direct marketing purposes. We do not share your personal information with third parties for their direct marketing purposes.

    We do not support Do Not Track browser settings and do not currently participate in any “Do Not Track” frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your personal information or non-personal information.

  13. Assignment

    In the event that all or part of our assets are sold or acquired by another party, or in the event of a merger, you grant us the right to assign your personal information collected via the Game.

  14. Changes to this Privacy Policy

    We reserve the right to amend this Privacy Policy from time to time. We will notify you of material changes to this Privacy Policy by posting a notice on the Game for a reasonable period of time and changing the “Last Updated” date above. Your continued use of the Game following the posting of changes will constitute your acceptance of the changed terms.

  15. Contacting Us

    If you have any questions concerning our privacy practices or this Privacy Policy, please send an email to the following address or use the contact form which can be found at the link below.