Privacy Policy

This Privacy Policy governs your use of the websites and services published and maintained by Electronic Soul ("Electronic Soul," "we," "us," or "our,"). By visiting this Web Site, and/or using the services offered on or through this Web Site, you agree to the terms of this Privacy Policy as they may be amended from time to time. As we update and expand our Web Site, this Privacy Policy may change. Electronic Soul encourages you to review this page from time to time. This Privacy Policy is incorporated into, and made part of, the Electronic Soul Web Site Terms of Use, which governs your use of this Web Site in general.

Summary

It is Electronic Soul’ policy to respect and protect the privacy of visitors to this Web Site. Accordingly, Electronic Soul does not extract, without permission, Personal Information (as defined below) about its visitors or their cell phones at any time while on Electronic Soul’ Web Site, except for Personal Information that is actively provided by such visitors through registration, logging in and out, online forms or other means. Electronic Soul will, however, analyze information about our visitors as a group to make our service better, but visitors are not individually identified when we do this.

When dealing with children who we have actual knowledge are under the age of 13, Electronic Soul follows stringent guidelines that prohibit the sharing of Personal Information with any third parties, except in limited circumstances such as our service providers who use such information on our behalf. Our privacy policies regarding children are outlined in Electronic Soul Parental Consent Policy section below.

Our servers are located in Germany, Singapore, Russia, Brazil, the United States and the People's Republic of China ( excluding Taiwan, Hong Kong and Macau).

What Electronic Soul Collects

Electronic Soul may collect a variety of statistical data about its Web Site visitors. This data includes the source IP address (as further described below in the "IP Address and Click stream Data" section) of the visitor, the time of visit, the areas of the site visited and information about browser, operating system and other system parameters. As of the date of this Privacy Policy, none of this information is used to personally identify any individual visitor, and is used solely for the purposes of analyzing overall traffic and usage patterns. However, Electronic Soul reserves the right to begin matching such usage data with an individual’s Personal Information subsequent to the date of this Privacy Policy.

In order to make your visits to our Web Site and use of the services available on or through our Web Site as worthwhile as possible, Electronic Soul may also collect Personal Information about its visitors, but only when a visitor provides such Personal Information to us in the process of entering contests or sweepstakes, signing up for our newsletter(s), using our "Feedback" feature, registering with the Web Site or using other services available on or through our Web Site. The information that you give us and information about your order, purchases or other activities on the Web Site may be combined with other Personal Information (such as demographic information and past purchase history) available from our records and other sources. "Personal Information" includes usernames, e-mail addresses, wireless addresses, credit card and other payment information, purchase history, demographic information, and/or other information that may identify you as an individual or allow online or offline contact with you as an individual. This information is used by Electronic Soul to fulfill your requests and for marketing and research purposes. This information will not be shared with other marketers to bring you offers of interest. Certain areas of Electronic Soul’ Web Site may require user registration in order to gain access; once you register with the Electronic Soul Web Site to use that content, you will no longer be anonymous to us.

Examples of information that may be collected:

l your first and last name;

l your profile picture or its URL;

l your social network ID number or the ID number on the third party platform;

l the social network ID number or the ID number on the third party platform and other public data for your friends;

l the login email you provided to that social network or the third party platform when you registered with it;

l your physical location and that of the devices you use to access our services or websites;

l other publicly-available information on the social network or the third party platform;

When you use our services via third party accounts, we may collect your third party account name and/or head portrait of such third party account. As for your friends list and/or email address etc, which are linked with such third party account, will subject to your decision to privacy policy of such third party platforms.

Your Rights

This section ("Your Rights") applies to users that are located in the European Economic Area only.

You have the right to opt out of certain of our uses of your Personal Information. For example, at the time you are requested to provide Personal Information on this Web Site, you may have the opportunity to elect to, or not to receive correspondence from us. You may make this request by sending an e-mail to contactus@electronicsoul.com or by electing to not receive our e-mail newsletter notifications during your registration process. Furthermore, all of our correspondence will include a link to Opt Out of future newsletters and/or notifications. In this e-mail, please say whether: (i) you would like to opt out of receiving promotional correspondence from Electronic Soul in general, or just via e-mail, postal mail, short message service (SMS), instant messaging, and/or by phone, and/or (ii) you would only like to opt out of certain of our Game’ e-newsletters or correspondence, and if so which ones. You may also opt out of Electronic Soul’ promotional e-mails by clicking on an opt-out link within the e-mail you receive.

Please understand that if you opt out of receiving correspondence from us, we may still contact you in connection with your relationship, activities, transactions and communications with us.

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 contactus@electronicsoul.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 at contactus@electronicsoul.com.

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 complete the request form and contact us at  contactus@electronicsoul.com.

Erasure

You can delete your account, or remove certain personal information. If there is any other personal information you believe we process that you would like us to erase, please contact us at  contact us and complete the request form.

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 contact us and completing the request form.

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 Electronic Soul.

In the event that you wish to make a complaint about how we process your personal information, please contact us in the first instance at contactus@electronicsoul.com and we will endeavour to deal with your request as soon as possible. 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.

Use of Cookies and Other Tracking Technologies

Electronic Soul may use "cookie" technology to enhance a visitor's online experience by making it easier to navigate through our Web Site or to make an activity work better.

Cookies are small pieces of information or data files that are sent through your browser or related software from a Web server and are stored on your computer’s hard drive. Cookies may be used to track where you travel on our Web Site and what you look at and purchase, and they allow a computer to "remember" information from our Web Site for future use. The use of cookies is an industry standard and is practiced by most major Web sites. Cookies alone tell us nothing about who you are, but they may enable us to relate your use of our Web Site to other information, including your Personal Information, which you have provided to us when you registered for notification about one of our products or purchased a product from us by visiting our Web Site. All of these purposes serve to enhance your experience while using our services in the ways described below.

We may use cookies and other tracking technologies in a variety of ways, including:

Keeping count of return visits to our Web Site or our advertisers’ or partners’ sites

Accumulating and reporting anonymous, aggregate (data collected in mass), statistical information on website and advertisement usage

Determining which features our customers like best

IP Address and “Clickstream” Data

Our server automatically collects data about your server’s Internet address when you visit us. This information, known as an Internet Protocol address, or IP Address, is a number that’s automatically assigned to your cell phone by your Internet service provider whenever you’re on the Internet. When you request pages from our Web Site, our servers may log your IP Address and sometimes your domain name. Our server may also record the referring page that linked you to us (e.g., another Web site or a search engine); the pages you visit on this Web Site; the Web site you visit after this Web Site; the ads you see and/or click on; other information about the type of Web browser, computer, platform, related software and settings you are using; any search terms you have entered on this Web Site or a referral site; and other Web usage activity and data logged by our Web servers. We use this information for internal system administration, to help diagnose problems with our server, and to administer our Web Site. Such information may also be used to gather broad demographic information, such as country of origin and Internet Service Provider. We reserve the right to link this information with your Personal Information.

Any or all of these activities with regard to Web site usage information (i.e., information gathered through the use of cookies, Web bugs and clickstream data) may be performed on our behalf by our services providers.

How Electronic Soul Uses Personal Information

Personal Information is used to enhance and custom-tailor each user's experience on the Web Site. Such information will also be used, for example, to process your orders, respond to your requests and inquiries and provide you with the services and features offered on or through our Web Site.

Electronic Soul may also use Personal Information to maintain our internal record keeping. We reserve the right to match information collected from you through different means or at different times, including both Personal Information and Web Site usage information, and use such information along with information obtained from other sources. In addition, we may send you notices (for example, in the form of e-mails, mailings, and the like), and otherwise correspond with you, about products, services, companies and events, sponsored by us and others, that we think might interest you. You may opt-out of receiving such notices from us by following the instructions in the Right to Opt Out section above.

In addition, Electronic Soul may use Personal Information to generate aggregate data about our Web Site’s visitors.

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

How Electronic Soul Shares Information Collected Online

In order to perform our contract with you, your personal information will be accessible from and will be processed on our servers. Our servers are located in:

Germany;

 the United States;

 Singapore;

Russia;

Brazil; and

the People’s Republic of China (excluding Taiwan, Hong Kong and Macau) (“PRC”).

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

•   third partiesthat provide services in support of the Game and the Community Forum, including:

o  for the purpose of processing support ticket ID and support communications for the purpose of providing customer support;

o  providers of cloud services that processes information identified in this policy on their servers for the purpose of providing the Game Services;

o  for the purpose of processing gameplay and game rendering data to provide game analytics to improve game play;

o  for the purpose of analysing the effectiveness of our advertising and marketing campaigns concerning the Game on third party platforms.

•   related group companieswith whom we share your personal information to operate the Game Services.
•    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.

Service Providers

We may use third party partners to help operate our Web Site and deliver our products and services, and may share your information with our affiliates, service providers and other third parties that provide products or services for or through this Web Site or for our business (such as Web site or database hosting companies, address list hosting companies, e-mail service providers, analytics companies, distribution companies, fulfillment companies, and other similar service providers that use such information on our behalf).

Legally Compelled Disclosures

We may disclose user information to government authorities, and to other third parties when compelled to do so by government authorities, at our discretion, or otherwise as required or permitted by law, including but not limited to in response to court orders and subpoenas. We also may disclose user information when we have reason to believe that someone is causing injury to or interference with our rights or property, other users of the Web Site, or anyone else that could be harmed by such activities. We may also report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.

Business Transfer

In the event that Electronic Soul, or substantially all of its assets, is acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, consolidation or liquidation, Personal Information may be one of the transferred assets.

Security

The importance of security for all Personal Information associated with visitors to our Web Site is of utmost concern to us. Electronic Soul exercises great care and implements a variety of technologies in an effort to help make the Electronic Soul Web Site secure against unauthorized access and to protect the Personal Information visitors choose to provide to us. Electronic Soul periodically reviews and updates these measures. Unfortunately, due to the inherent nature of the Internet as an open global communications vehicle, no data transmission over the Internet can be guaranteed to be secure, and Electronic Soul cannot guarantee that information, during transmission through the Internet or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers. As a result, while Electronic Soul strives to protect a visitor's Personal Information, Electronic Soul cannot ensure or warrant the security of any information transmitted to us or from our online products or services, and a visitor does so at his/her own risk. Electronic Soul uses the industry standard, SSL (secure socket layer) encryption when credit card information is transmitted to us.

If you contact us by e-mail or a "contact us" or similar feature on our Web site, you should be aware that your transmission might not be secure. A third party could view information you send by these methods in transit.

We will have no liability for disclosure of your information due to errors or unauthorized acts of third parties during or after transmission.

In the unlikely event that we believe that the security of your Personal Information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and, to the extent we have your e-mail address, we may notify you by e-mail. You consent to our use of e-mail as a means of such notification. If you prefer for us to use another method to notify you in this situation, please e-mail us at contactus@electronicsoul.com with the alternative contact information you wish to be used.

Data Retention

We will retain your personal information as described below (except if otherwise required to be retained by applicable law).

Personal Information is kept until the end of its life cycle (as set out in the retention policy above). 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).

Review and deletion of personal information

You may review and delete the Personal Information about you that is contained in your user account at Electronic Soul at any time. If you would like to review or delete this information, please contact us at: contactus@electronicsoul.com 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.

Privacy Review

Suite 13

Room 405, Energy Plaza, No. 92 Granville Road, Tsim Sha Tsui East, Kowloon, Hong Kong

or send an email to contactus@electronicsoul.com .

Consent to Processing

By providing Personal Information to this Web Site, you understand and consent to the collection, maintenance, processing and transfer of such information in and to EU nations ,the United States and other countries and territories.

Changes to this Privacy Policy

Electronic Soul reserves the right to change or update this Privacy Policy, or any other of our policies or practices, at any time, and will notify users of this Web Site by posting such changed or updated Privacy Policy on this page. Any changes or updates will be effective immediately upon posting to this Web Site. Under certain circumstances, we may also elect to notify you of changes or updates to our Privacy Policy by additional means, such as posting a notice on the front page of our Web Site to sending you an e-mail.

Questions, Concerns and Comments

If you have any questions regarding Electronic Soul’ Privacy Policy, please contact us at contactus@electronicsoul.com or write to us at:

Electronic Soul Enterprise LTD.

Business & Legal Affairs

Suite 13

Room 405, Energy Plaza, No. 92 Granville Road, Tsim Sha Tsui East, Kowloon, Hong Kong

Children

Our Service is not intended for children. Children must not use the Service for any purpose.

Never provide any information about yourself on the Internet without your parent's/guardian's permission. Please read Electronic Soul’ Parental Consent Policy (see below) with your parents/guardians before you go any further. Where legally required, Electronic Soul requires your parent’s/guardian’s written (or electronic) permission for children who we have actual knowledge are under age thirteen (13) to provide us with certain Personal Information required to get any Electronic Soul newsletter(s), order subscriptions, enter any clubs, etc., or participate in other activities and/or services available on or through the Web Site.

In the case of users located in the European Economic Area and Switzerland, persons under the age of 13 are: (a) required to obtain parental/guardian consent prior to using the Game; and (b) not permitted to sign up for the Community Forum.

Governing law and Jurisdiction

This Agreement shall be governed by the laws of the People's Republic of China, as an agreement wholly performed, negotiated and executed therein without regard to the People's Republic of China’s conflict of law rules. Any disputes relating in any way to or arising under or out of your use of the Game or the User Agreement shall be binding upon the arbitration held by Shanghai International Economic and Trade Arbitration Commission. You hereby consent to personal jurisdiction and venue in Shanghai International Economic and Trade Arbitration Commission.

Last updated: December 1, 2018