Kong Studios, Inc. ( " we " or " us " ) collects , stores , and uses personal information of its users ( " you " ) as a data controller in connection with and in order to provide and develop our products , mobile applications , services , websites as well as other services ( collectively " Services " ) to ensure the highest quality service is provided to you .
1.1 At the time of user registration and use of the Services , the information listed below may be collected and used by us for purposes of maintaining the continuity of Services and providing appropriate customer assistance :
A . User Nintendo Account , game version information , and device information ( model name , device identification number , IP address , language , and country settings ) ;
B . Service usage records , login access records , payment records created during the course of using the Services .
C. Email address, Phone number, Address (for customer support, Event)
1.2 If you seek to participate in sweepstakes or advertisements , and / or purchase paid content , all of which are supplementary services that operate primarily based on your personal information , we will first give notice to you and obtain your consent prior to collecting and using the information including name , address , and mobile phone number .
1.3 When you purchase Virtual Money and Virtual Goods or when we provide you with refunds , we may collect your information , including mobile phone number , e - mail address and purchasing Nintendo Account.
1.4 We install and operate certain mechanisms to provide you with services tailored to your specific interests:
A. We may use third party service providers and collect personal information as provided by the service providers, in order to analyze trends and user behaviors to improve our Services and develop new Services. You may withdraw your consent by deactivating such functions in advertising settings of the service providers or the advertising settings for mobile apps. For more information about their privacy practices and opt-out possibilities, please visit the links below.
1.5 You and your legal representatives may refuse the collection and have the right to withdraw consents you made regarding the processing of personal information at any time. This withdrawal of consent does not affect the lawfulness of processing or transfers of your personal information before its withdrawal. If you wish to withdraw your consent, you can terminate user registration or contact us at our contact information provided in Section 11.
We may collect your personal information using the following methods:
A. Information you provided while using our websites or Services;
B. Information received from third parties such as affiliates, business partners, etc.; and
C. Information collected from your network communication information and browser history.
3.1 We may use the collected personal information for the following purposes:
A. User Management - Personal identification when providing contents, verification of existing registration, verification of age and gender, verification of nationality, management of delinquent users, monitoring and detecting to deter unauthorized or fraudulent use of or abuse of Services, performance of contracts, and processing of disputes;
B. Provision of Services - Processing customer complaints and providing other general customer services; provision of notices; provision of paid services and details of payments; supporting cooperative gameplay and community services;
C. Development of New Services and Utilization for Marketing and Advertising - Provision of Services and additional Services to users, provision of information regarding new events, improving quality of Services, aggregating anonymized statistical data regarding Services and any additional Services; and
3.2 We process your personal information only when we obtain consent from you, EXCEPT in any of the following circumstances:
A. When processing is necessary for the performance of contract(s) to which you are party, or when processing is necessary to take steps at request from you prior to entering into a contract.
B. When processing is necessary for compliance with a legal obligation to which we are subject. (Such as following order from government agencies to disclose information based on laws, etc.)
C. When processing is necessary in order to protect your vital interests or of other individuals.
D. When it is deemed appropriate to investigate, prevent, and take measures against illegal acts or suspicious acts.
E. When it is necessary for us to process for legitimate interests pursued by us or a third party to the extent that it does not infringe on your privacy rights, interests or freedoms.
4.1 As a principle, we do not provide your personal information to third parties EXCEPT under the following circumstances:
A. You have provided your prior consent;
B. Third Party Service Providers – We may use third party service providers, such as payment gateway companies, platform service companies, analytics and ad serving companies to assist us in providing or improving the Services. We share your personal information with these third party service providers in order to receive their services. These service providers may store your personal information in countries or regions where do not have the data protection laws at the level that is required in your country or region. In such a case, we will take measures to protect your personal information such as entering into a contract regarding data protection. We strictly evaluate all such third party service providers. We take reasonable steps to ensure that they have established appropriate and secure information administration and organizational control systems. We impose binding contractual obligations on such service providers to comply with applicable laws and regulations regarding the processing of personal information. We also require that they access your personal information only to the extent necessary to perform tasks in accordance with our instructions, and for no other purposes.
C. Promotions – We may share your personal information for any promotions you enter in connection with the Services in order to administer, market, sponsor or fulfill such sweepstakes or promotions as necessary, or as required by applicable laws, rules or regulations; and
D. Legal Purposes – We may provide your personal information to third parties in cases where we have a good faith belief that doing so is required by law or in order to cooperate with regulators or law enforcement authorities. We may also provide your personal information to third parties in order to protect the rights or property of a third party or us, including enforcement of our Terms of Service.
5.1 We do not knowingly collect any personal information from anyone under the age of 13 (under the age of 16 in Europe), unless consent is given by a parent or legal guardian. If you are under 13 years of age (16 in Europe), please do not send us any information about yourself, and you should not use or attempt to use our Services. Some of our Services have age restrictions which may vary depending on countries, regions, OS, platforms, etc. If you are under the applicable age restrictions, please do not send us any information about yourself and you should not use or attempt to use our Services. Please refer to our Terms of Service for further information.
5.2 In the event we learn that we have inadvertently gathered personal information from children under the age of 13 (16 in Europe), we will take reasonable measures to promptly delete such information from its records in a secure manner. If you believe that we may have any information from or about children under the age of 13 (16 in Europe), please contact us at our contact information provided in Section 11.
We follow generally accepted industry standards and maintain reasonable safeguards to attempt to ensure the security, integrity, and privacy of the information in our possession. As further security measures, we implement the following technical and managerial safeguards to ensure that any personal information of users we handle is secure from loss, leaks, or damage:
A. Improving Network Security - We implement various technical measures to prevent the leakage of your personal information by unauthorized access to its network via hacking, computer viruses, etc., and continuously monitors network access.
In addition, to ensure the security of communications between its server and database, we use strong encrypted communication methods.
B. Conduct Security Training and Designation of Privacy Officer - We conduct regular security training for our employees on the protection of your personal information. Furthermore, we have designated a privacy officer to develop expertise in the handling of your personal information and to minimize the risk of information leakage.
C. Restrict Access and Storage - The location in which the handling and storage of personal information are performed has been designated as a secure area and access thereto has been restricted to personnel with the requisite authority. Documentation, storage mediums, and electronic records containing personal information are stored in a location equipped with a locking device or on a computer with restricted access.
7.1 We make good faith efforts to give you a right to access your personal information to have errors in your personal information rectified, to object to the processing of your personal information on legitimate grounds, data portability, etc. You and your legal representatives may review and change your personal information through the user information review/change function provided by our Services or through written request to a customer service representative.
7.2 To exercise any of your other rights under applicable law, you may contact us using our contact information in Section 11. Upon verification of your identity, we respond to your request within a reasonable period of time, and in accordance with relevant laws. If, however, permitted under applicable laws, we may not be able to respond to your request when any of the following applies:
A. Disclosure is likely to harm the life, body, property, or other rights or interests of yours or another individual;
B. Disclosure is likely to seriously impede the proper execution our business;
C. Disclosure violates other laws; or
D. When you failed to verify your identity upon your disclosure request.
7.3 In the event that you request us to correct certain inaccuracies regarding your personal information, we will take necessary measures to rectify the situation, including correcting the inaccuracies without delay or providing an explanation to you as to why the inaccuracies remain unchanged. Any personal information that is subject of the foregoing request will not be used or provided to a third party until after we have taken the aforementioned necessary measures. Notwithstanding the foregoing, we may still use, or provide the personal information a third party, when it receives a request for personal information pursuant to applicable laws or regulations.
7.4 You have the right to object to our processing of your personal information. You may object to the processing of your information in the following circumstances:
A. Personal information is processed for directing marketing purpose (includes profiling);
B. Processing is necessary for the purpose of the legitimate interests pursued by the controller;
C. Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; and
D. Personal information is processed for scientific or historical research purpose
A. Right to Erasure - You have the right to request us to destroy personal information without undue delay. You may exercise this right by contacting us using our contact information in Section 11.
B. Destruction Process - We will destroy personal information when 1) requested by you and/or 2) that is past its retention period using the methods that prevent recovery of such information.
C. Destruction Methods – 1) Personal information saved in a digital format is permanently deleted by using a technology that prevents recovery of record and 2) Personal information printed on paper is destroyed by shredding or incinerating the document.
7.6 California Residents: Your California Privacy Rights
Under the California Consumer Privacy Act (the “CCPA”), California consumers have the right to request that we disclose what personal information we collect from you, to delete the information, to opt-out of the sale of your personal information, and the right not to be discriminated against for exercising one of your California privacy rights. We do not sell your personal information and do not discriminate you in response to privacy rights request.
B. Shine the Light Law – We do not share your personal information with third parties for the purpose of direct marketing.
C. Do Not Track – California law requires us to inform you how we respond to web browser Do Not Track signals. Because there is no industry or legal standard for recognizing or honoring Do Not Track signals, we do not respond to Do Not Track signals at this time.
D. Exercising your rights – If you want to exercise your California privacy rights or if you have any questions regarding our practices, please e-mail us at email@example.com