Last Updated: April 1, 2021
Kidooka Minoru, CEO
Arc System Works Co., Ltd
INTRODUCTION
Arc System Works Co. Ltd (“ASW”) is committed to working towards the goal of ”Creating a better world through videogames”. ASW believes that treating any personal information acquired from our customers with the utmost care is an important responsibility and our duty to society. All of the management team and employees of ASW strictly abide by all laws, guidelines set by the Government, and any other specifications to protect personal information. Furthermore, we promise to improve internal management of personal information in a timely manner. (As used in this Privacy Policy, “ASW”, “we”, “us”, or “our” refer to Arc System Works Co. Ltd.)
This Privacy Policy applies only to the collection, use and disclosure of information that we may receive through your use of our websites, applications, software, services or any other online activities, or your participation in our eSports event (the “Services”).
Formulation of the “Personal Information Protection Program”
ASW recognizes the risk of unauthorized access to, loss, destruction, alteration, or leakage of personal information, and takes the measures necessary to prevent or fix such issues. Also,ASW has formulated a “Personal Information Protection Program” for handling personal information, which contains guidelines, rules, and procedures for proper handling and processing of personal information.
Activities to protect personal information
In order to effectively enforce this Privacy Policy, ASW performs the following activities:
1) ASW appoints a Data Protection Officer (“DPO”), who is responsible for and authorized to conduct operations and implementations related to the protection of personal information.
2) ASW appoints an auditor of personal information, who conducts internal audits of the status of operations and implementations related to the protection of personal information.
3) ASW requests cooperation from all business partners (including both companies and individuals) to protect personal information.
4) This Privacy Policy is periodically updated and posted on ASW website and intranet for anyone to browse.
When we refer to the term “GDPR” in this Privacy Policy we mean the European Union General Data Privacy Directive. The term “EEA” means the European Economic Area.
I. INFORMATION WE COLLECT
II. THE PURPOSE OF USE AND THE SOURCE OF YOUR INFORMATION
III. HOW LONG WE KEEP IT
IV. HOW WE SHARE YOUR INFORMATION
V. CHILDREN’S PRIVACY
VI. HOW WE PROTECT YOUR INFORMATION
VII. HOW YOU MAY CHANGE, REMOVE, OR EXPORT YOUR INFORMATION
VIII. LINKS TO THIRD-PARTY WEBSITES AND SERVICES
IX. UPDATES TO THIS PRIVACY POLICY
X. NON-JAPAN USERS
XI. RIGHTS OF USERS FROM THE EEA
XII. CONTACTING ASW.
I. INFORMATION WE COLLECT
We may collect through the Services both personal information that identifies you and can be used to contact you, and non-personal information, which is data in a form that does not allow direct association with you, which may include technical information, including the IP address through which you are accessing the Services and the unique device ID or virtual unique device identifier for any device you may be using.
A. Data You Provide to Us
We collect and store the personal information you provide us when purchasing, registering, using, or inquiring about the Services, and when you sign up for our events, promotions, mailing lists, take surveys, or when you apply for employment with ASW. This information includes:
● Contact information, such as your email address, address, or phone number;
● Your account id and password;
● Profile information, such as a profile photo;
● Transaction information, including payment information;
● Your communication with us, including in relation to customer support inquiries and chat logs;
● Your education, employment history, qualifications, CV and the contact information of any professional references; and
● Any other data which you willingly provide to us when using the Services.
B. Data We Collect Automatically
ASW automatically collects and stores certain technical, game-related, and customer purchase information to generate aggregate statistics to improve the Services. Most of this information is non-personal, which means that this information by itself cannot be used to identify you; but this data may be used to identify you when combined with other information. This information includes:
● Data about your account and purchase history;
● Your internet location and device identifiers;
● Additional information about your device, such as device name, operating system, browser type and language;
● Location data (based on your IP address and telecommunications provider)
C. Data We Collect From Third Parties (service provider, business partners and ASW group companies)
ASW may merge the personal information collected at the ASW website with data from third parties for purposes of improving the Service or market analysis.
● Data from a third-party tool or SNS, if you link it with the Service (e.g., Facebook or Google);
● Data we use to investigate and prevent fraud such as click-fraud or fraudulent refunds or rebates; and
● Data related to analytics and advertising, in order to provide you with access to better games and Services.
II. THE PURPOSE OF USE AND THE SOURCE OF YOUR INFORMATION
A. The Sources of Personal Information We Collect
ASW collects your information from (1) you, directly or through your use of the Service, (2) your interaction with SNS’s and (3) third parties such as service providers, business partners and ASW group companies.
By registering with your SNS login information, you allow ASW to access certain information from your profile for that SNS. The information you allow ASW to access is affected by the privacy settings you and your friends establish at the SNS. You can control and find out more about these settings directly from the SNS.
In addition, if you are a member of an SNS, the Services may also enable you to log in through an interface provided by that SNS. The Services may also enable you to access the SNS through the Services themselves. If you log in to one of the Services using an SNS, or access an SNS through one of the Services, we may receive the personal and non-personal information that you have provided (or provide in the future) to that SNS.
By connecting any Services to an SNS, you consent to ASW access, use and storage in accordance with this Privacy Policy of any and all of the information that you agreed the SNS could provide to ASW. Furthermore, by logging into any Service through an SNS such as Facebook, you permit the SNS to check your SNS account cookies when you are visiting our website and to receive information concerning the actions you take on the website.
You may be able to specify what information is provided by the SNS to ASW using the privacy settings in your SNS profile information.
We also collect your personal information through third party platforms when you participate in our eSport tournament as a player, sweepstakes or contests (“Promotions”). If you choose to participate in a Promotions, you will be requested to provide your personal information such as your e-mail address or mailing address. In the event that you are a winner of an applicable Promotion, we may request evidence of your identification in order to verify your identity.
B. Cookies and Other Technologies
A cookie is a small string of text that we, or service providers acting on our behalf, such as Google Analytics, send to your computer’s browser. Other types of cookies exist, but the cookies in the Services are only used to obtain browser or device-specific information.
Some cookies are necessary to enable a game to function properly and to allow your gameplay experience to continue from one session another, or to prevent you from having to reenter your region and language each time you access the Services. Other cookies can show, for instance, which parts of the Services are the most popular, how much time users are spending there, and how they are interacting with the content. Cookies may be linked to your ASW account ID. They do not collect information from your computer that is not related to the Service.
You may have the option to disable cookies by changing the options in your browser to stop accepting cookies or to prompt you before accepting a cookie from the pages you visit. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on’s settings or visiting the website of its manufacturer. If you do not accept cookies, however, you may not be able to use all portions of our Services.
We may also use “pixel tags,” “web beacons,” “clear GIFs” or similar means (individually or collectively “Pixel Tags”) in connection with our Services and to collect usage, demographic and geographical location data. A Pixel Tag is an electronic image, often a single pixel that is ordinarily not visible to users and may be associated with cookies on a user’s device or hard drive. Pixel Tags allow us to count users who have visited certain pages of the Services and to help determine the effectiveness of promotional or advertising campaigns.
Please note that third parties delivering advertisements through the Services may also use cookies or other technologies. Their placement and use of cookies and other technologies will be subject to their own privacy policies and terms and conditions.
BY CLICKING ON THE “SIGN UP” BUTTON, WHERE APPLICABLE, OR OTHERWISE BY ACCESSING OR USING OUR SERVICES YOU ARE CONSENTING TO THE USE OF COOKIES AND OTHER TRACKING TECHNOLOGIES ON YOUR COMPUTER OR DEVICE.
C. The Purposes of Use of Personal Information We Collect
Generally, we use your information to provide you with an efficient and customized experience. For example, we may use information in the following ways to provide you the Services:
● To send important notices, such as communications about your purchases and changes to our Terms of Use, End User License Agreement (“EULA”) and this Privacy Policy;
● To provide the Services;
● To allow us to enable you to reset your password if you have forgotten it;
● To provide technical support and respond to inquiries from you;
● To prevent fraud and potentially illegal activities and enforce our Terms of EULA;
● To monitor the performance of our third-party vendors and distributors; and
● To help us to develop, deliver and improve the Services.
For users in the EEA, the legal basis for processing of the above personal information is to provide you with the Services you have requested and to prevent fraud or injury to the Services and our other customers.
Additionally, we may use your information to promote additional products or services, including:
● To inform you about new ASW products and promote ASW products;
● To contact you regarding events, sweepstakes, or campaigns you may participate in, and provide you with the requirements to join such events, as well to provide you with benefits and prizes from ASW;
● For market research purposes that support our efforts to deliver a more valuable service to our community of ASW users;
● To deliver and target advertising from third parties;
● To gather demographic information about ASW users in order to more effectively manage the Services and provide targeted advertising; and
● To hire you.
The EEA legal basis for this processing of your personal information is our pursuit of legitimate interests, specifically in this case the legitimate interest to optimize your experience with the Services by avoiding display of recommendations and offers that are irrelevant to you. If you or the relevant Data Controller are located in the EEA, you have the right to object, on grounds relating to your particular situation, at any time to such processing. To exercise this right, you may do so by contacting at privacy@arcsy.co.jp or as provided in the Request Form below
If we send e-mail or SMS messages to you for the purpose of promoting ASW products or services, or those of a third-party partner, we will generally provide you with choices about receiving further such promotional messages. Preferences for “push” notifications may in most cases be adjusted through the Services or your computer or device.
III. HOW LONG WE KEEP IT
We will only store your information as long as necessary to fulfil the purposes for which the information is collected and processed or, where applicable law provides for longer storage and retention periods, for the storage and retention period required by law. After that your personal information will be deleted.
IV. HOW WE SHARE YOUR INFORMATION
A. With Third-Party Advertising Entities
We will not share your personal information with third-party advertisers, ad networks and ad platforms (“Advertising Entities”) for their direct marketing purposes unless you provide your consent.
We may share certain non-personal information with Advertising Entities to develop and deliver targeted advertising in the Services and on the websites of third parties. We may also allow Advertising Entities to collect non-personal information related to the performance of the advertisements, such as how many times an advertisement is shown, how long an advertisement is viewed, and any click-throughs of an advertisement. Advertising Entities may collect this information through the use of tracking technologies like browser cookies and web beacons.
B. With Other Service Providers
To help administer the Services, we may use and share your information with third-party service providers. These service providers will have access to your information only to perform the services they have been engaged to perform for us, and they have agreed not to disclose or use it for any other purpose. These service providers include:
● Payment processors, billing and refund vendors for the purposes of providing the Services;
● eSports organizers, hosts and venues in order to assure fair and appropriate administration of eSports events in connection with the Service;
● Postal services for the purposes of delivering rewards and prizes to you for events and Promotions you may participate;
● Joint sponsors for events and Promotions you may participate;
● Data management or data analysis provider.
C. Within the ASW Group
We may share your information with other companies within the ASW group of companies for processing.
D. Under Special Circumstances
We may disclose information about you to law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of ASW or a third party, to protect the safety of any person or to prevent or stop activity we may consider to be illegal or unethical.
If you or the relevant Data Controller is a resident of an EEA country, the legitimate interest in sharing this information is to comply with our legal obligations, and to protect the vital and legitimate interests of third parties, as the circumstances warrant.
In connection with a merger, acquisition, reorganization or sale of assets, or in the event of bankruptcy, we may sell, transfer or otherwise share some or all of ASW assets, including your personal information.
V. CHILDREN’S PRIVACY
We do not intentionally collect any personal data about minors under the age of 16 without permission from a parent or legal guardian. ASW is the only legal entity entitled to use the personal information we collect about children. Under no circumstances will this information be sold or transferred to third parties without prior consent from parents or legal representatives.
The privacy of children is a priority for us and we encourage parents to take an active and constant interest in their children’s online activity. If we find we have inadvertently collected personal data about children under the age of 16 without permission from a parent or legal guardian, we will immediately take all necessary and reasonable measures to delete the information from our systems.
Any online user may ask for their personal data to be deleted. We will delete the data as soon as possible, except where laws and regulations impose a different retention period.
VI. HOW WE PROTECT YOUR INFORMATION
ASW is committed to protecting the security of your information. We have implemented a company-wide “Personal Information Protection Program” to protect against identity theft and unauthorized access.
We do not and will not, at any time, request your credit card information, your login information or other identification in a non-secure or unsolicited communication (such as e-mail).
Should any breach of security occur, we will make any legally required disclosure to you by e-mail or posting on the Services as soon as reasonably possible, subject to (i) the requests of law enforcement and (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
VII. HOW YOU MAY CHANGE, REMOVE, OR EXPORT YOUR INFORMATION
You may request that we modify or delete your personal information from our database by submitting a request form as provided below. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for business administrative purposes.
Please note that communications you may send through the Services, as well as any comments you may post, will be stored by ASW, and may not be subject to modification or deletion.
You may also control the information that ASW collects through the settings in your browser. You may configure your browser to reject cookies from ASW and may adjust the settings of your game console to prevent the Service from obtaining location information. However, please note that the Service may rely on cookies and location information to function properly and some services may not be available if you disable cookies.
VIII. LINKS TO THIRD-PARTY WEBSITES AND SERVICES
The Services may contain links to other websites and online services, including third-party advertisements. If you choose to click through to one of these other websites or online services, please note that any information you may provide will be subject to the privacy policy and other terms and conditions of that website or service, and not to this Privacy Policy. We do not control third-party websites or services, and the fact that a link to such a website or service appears in the Services does not mean that we endorse them or have approved their policies or practices relating to user information.
Before providing any information to any third-party website or service, we encourage you to review the privacy policy and other terms and conditions of that website or service. You agree that ASW will have no liability for any matters relating to a third-party website or service that you provide information to, including their collection and handling of that information.
IX. UPDATES TO THIS PRIVACY POLICY
We reserve the right to update this Privacy Policy at any time. If we modify this Privacy Policy in a material way, a notice will be posted on our website along with the updated Privacy Policy. We will also update the “Last Updated Date” in the Privacy Policy. “Privacy Policy” as used herein includes any updates and modifications we may make from time to time.
By continuing to access or use the Services after we have posted an updated Privacy Policy or have provided you with notice of a modification, you agree to be bound by the modified Privacy Policy. If the modified Privacy Policy is not acceptable to you, you must immediately stop using any Services.
X. NON-JAPAN USERS
Information that you provide may be transferred or accessed by entities around the world as described in this Privacy Policy. If you are located outsideJapan , you understand that we may transfer personal information to and process it in Japan. If you are located in the European Union, you freely consent to the transfer of personal information outside of the European Union, and we agree to use technical, organizational, and security measures appropriate for the protection of your personal information during the storage and transfer of your data; or any other measures reasonably necessary to comply with European Union data protection law and the requirements of the EU Data Protection Directive 95/46/EC.Personal information of minors under the age of 16 will not be sold or transferred to third parties without prior consent from parents or legal representatives. Your consent to this Privacy Policy followed by your submission of personal information represents your agreement to these transfers.
XI. RIGHTS OF USERS FROM THE EEA
A. Data Controller
For the purposes of this Privacy Policy, Arc System Works Co. Ltd. is the Data Controller of your personal information.
B. Rights of EEA Residents
If you are accessing or using the website from within the EEA, you may have the following rights under the GDPR (as well as other rights). If you wish to exercise any of these rights, you may do so by emailing us at privacy@arcsy.co.jp or through below the request form or, as provided in the applicable section below.
● Right of Access: You have the right to obtain confirmation from us as to whether or not ASW processes personal information from you and you also have the right to at any time obtain access to your personal information stored by ASW.
● Right to Correction of your Personal Information: If we process your personal information, we use reasonable measures to ensure that your personal information is accurate and up-to-date for the purposes for which your personal information was collected. If your personal information is inaccurate or incomplete, you have the right to require us to correct it.
● Right to Deletion of your Personal Information or Right to Restriction of Processing: You may have the right to require us to delete your personal information or to restrict of processing of your personal information.
● Right to Withdraw your Consent: If you have given your consent to the processing of your personal information, you have the right to withdraw your consent at any time, without affecting the lawfulness of processing based on the consent before the withdrawal.
● Right to Data Portability: You may have the right to receive the personal information concerning you and which you have provided to us, in a structured, commonly used and machine-readable format or to transmit this data to another controller.
● Right to Object: You may have the right to object to the processing of your personal information as further specified in this Privacy Policy.
● Your right to define post-mortem directives: You can give instructions in relation to the storage, erasure and communication of your personal data after your death to a certified trusted third party in charge of enforcing the wishes of the deceased in compliance with the applicable legal framework.
● Right to Lodge a Complaint with Supervisory Authority: You have the right to lodge a complaint with a data protection supervisory authority located in the European Union. Further information about how to contact your local data protection authority is available at https://ec.europa.eu/info/law/law-topic/data-protection_en
XII. CONTACTING ASW
If you have any questions, inquiries, requests or complaints concerning this Privacy Policy or our information practices, please email us at privacy@arcsy.co.jp , use the request form below or by regular mail to: Data Processing Officer , Arc System Works Co. Ltd. at 2-3-9 Shin-Yokohama Kohoku-ku, Yokohama 222-0033 Japan. Please note that a suitable Identity Document or Photo ID may be required to verify your identity
