PRIVACY POLICY FOR DARKFIRE HOLDING APS

1. GENERAL INFORMATION

1.1 Darkfire Holding ApS, company registration number 41322039 having its registered address at Frankrigsgade 5, 2. th., 2300 Copenhagen S, Denmark (“DFH”, “we” or “us”). This document contains a policy statement regarding DFH’s collection, use and processing of Personal Data (“Privacy Policy”) in connection with delivery of the game “Darkfire Heroes” (the “Game”). The Privacy Policy describes how DFH treats the Personal Data about its users that users provide or that is collected by DFH about the users.

2. DEFINITIONS

2.1 “Applicable Data Protection Laws” refers to the Danish Data Protection Act (no. 502 of 23 May 2018), the General Data Protection Regulation (Regulation no. 2016/679) and the Directive on Privacy and Electronic Communications (Directive 2002/58/EC), as well as the national implementations and related national legislation.

2.2 “Personal Data” shall mean all information that is directly or indirectly referable to a natural living person, such as name, address, location data, IP-address, etc.

2.3 “Processing” shall mean any operation or set of operations which is performed upon Personal Data, such as collection, organisation, storage, erasure or disclosure.

2.4 “Data Controller” refers to us in this case, as we are the data controller for Personal Data since we determine the purposes and means of the Processing of Personal Data as described in this Privacy Policy.

3. PROCESSED DATA

3.1 The following Personal Data may be Processed when we process Personal Data for the purposes set out in this Privacy Policy:

(a) Username;

(b) Online identifiers such as aliases

(d) Technical data such as the user’s IP address, unique device-ID, platform identifiers, device model including the producer of the device, its operating system, language, screen processor and memory;

(e) content that you post or upload to us, e.g. through our user support;

(f) coarse location data derived from your IP-address;

(g) Game statistics, by “Game statistics” we mean information about your Game preferences, progress in the Game, participation and performance in clans, frequency of playing, including progress and character credentials, crash logs and other information related to crashes or bugs etc;

(h) Your credit card number, information about your credit card issuer, as well as your full address for billing purposes.

The information set out in the above are all necessary for us in order to provide the Game. Consequently, we are unable to deliver the Game to our users unless this information is provided to us.

4. PURPOSES OF PROCESSING

4.1 We will process the Personal Data set out above for the following purposes:

(a) to setup and administer your user account;

(b) to enable the users to play the Game;

(c) to provide the Game and integration with third party Games, and to provide, personalise and improve user experience with the Game, and to otherwise provide the Game according to the terms of use;

(d) to inform about updates of the Game or the terms of use;

(e) to improve and develop the Game or new games, features and products and to analyse your use of the Game;

(f) to analyse and improve our marketing campaigns;

(g) to ensure the technical functionality of the Game and to detect and prevent cheating and other use of the Game in breach of the terms of use;

(h) to confirm and execute in-game purchases made in the Game;

(i) to handle support requests from users;

(j) to enforce the terms of use, including protecting our rights, property and safety and also the rights, property and safety of third parties if necessary; and

(k) to comply with mandatory legislation.

5. LEGAL GROUND

5.1 Our Processing of Personal Data is made on the following legal grounds:

Personal Data

Purpose

Legal ground

- Username

- Online identifiers such as aliases

- Marketing-ID

- Technical data (se set out above)

- Game statistics

- Coarse location data

- Posts uploaded by the user in chat areas etc.

- [Insert other data]

To manage your account, to provide the Game and integration with third party services, to personalize and improve your personal experience with the Game and by other means to provide the Game in a manner consistent with out terms of use.

To inform you about any updates of the Game or the terms of use.

To ensure the technical functioning of the Services and to prevent use of the Services contrary to the conditions of use.

To enforce the terms of use.

The above clause 4.1. (a-e, g, i and j).

The Processing is necessary for the performance of a contract with you in accordance with our terms of use or to implement measures prior to the conclusion of a contract.

- Marketing-ID

- [Insert other data]

To analyse and improve our marketing campaigns

The above clause 4.1(f).

You have consented to the Processing of your Personal Data taking place.

- Username

- Game statistics

- Coarse location data

- Posts uploaded by the user in chat areas etc.

To improve and develop the Services, or to improve new services and products and to analyse your use of the Services

The above clause 4.1(g).

The Processing is necessary for the purposes of the legitimate interest pursued by us.

We have a legitimate interest for the processing as we log data when you use our Services to be able to maintain sufficient IT-security, and to protect the Game and the users from cyber threats. We also log data for the purposes of maintaining and improvement of the Game.

The above clause 4.1(g).

The Processing is necessary for us to be able to comply with a legal obligation that we are subject to.

- Credit card number

to confirm and execute in-game purchases made in the Game.

The above clause 4.1(h).

The Processing is necessary for the performance of a contract with you in accordance with our terms of use or to implement measures prior to the conclusion of a contract.

5.2 You have an absolute right to object to the Processing of your Personal Data for direct marketing. You also have the right to recall your prior given consent, if you have given such consent. The withdrawal of your consent does not affect the lawfulness of the Processing based on the consent before its withdrawal, and we may continue processing your Personal Data based on other legal grounds, except for direct marketing.

5.3 If you object to the Processing of your Personal Data conducted on the basis of our legitimate interests, we shall cease processing your data for those purposes.

6. DISCLOSURE OF PERSONAL DATA

6.1 In order to provide the Game or based on our legitimate interests, we may share your Personal Data with the following categories of third parties:

6.2 We may share your game statistics, in-game purchases, marketing-ID and your username in order to be able to facilitate targeting, delivery and measurement of online advertising on third-party services, facilitate transmittal of information that may be useful, relevant, or of interest to you, e.g. allowing you to get rewards for viewing in-game advertisement. The Personal Data may be shared with companies such as Singular, Facebook, Google and Unity Technologies, who are either located within the EU/EEA or in the US. In so far as such companies are located in the US, we only share the abovementioned data with them if they are approved under the by Privacy Shield framework.

6.3 We may share your username, user-ID as well as technical data on your device in order to be able to provide user support and bug fixing. The Personal Data may be shared with companies such as Firebase. In so far as such companies are located in the US, we only share the abovementioned data with them if they are approved under the by Privacy Shield framework.

6.4 We may share you user-ID, game statistics and in-game purchases in order to be able to improve user experience. The Personal Data may be shared with companies such as Google. In so far as such companies are located in the US, we only share the abovementioned data with them if they are approved under the by Privacy Shield framework.

6.5 We may share chat-messages that you post as well as user-ID in order to be able to facilitate chat sessions with other players. The Personal Data may be shared with companies such as SendBird. In so far as such companies are located in the US, we only share the abovementioned data with them if they are approved under the by Privacy Shield framework.

6.6 We may share your username and game statistics with other players of the Game as part of making sure that players of the Game are complying with our terms of use. If, based on complaints from other players, we decide to ban you from playing the Game, we may inform other players about the ban.

6.7 We may share publicly available information that you have shared on our chat areas with other players. When you are sharing information on our public chat areas, you are doing so at your own risk. Your nickname and game statistics may also become available within replays of the Game and other videos, which we or other players may generate and put online.

6.8 We store some of your information using third-party data storage services, e.g. while some of your Game-related information is stored using Google Cloud Platform, as well as the services of Amazon Web Services, Inc.

6.9 You should be aware that when you are interacting with our support team, you may be directed to websites belonging our service providers and cooperation partners that are mentioned in this Privacy Policy. Please be aware that your personal information may be collected outside of our control. The privacy policy of the new site will govern the information obtained from you on that site. Such partners include Zendesk Inc.

6.10 We may share Personal Data such as your username and content of support with third parties volunteering moderators and testers who contribute to improving the Game, e.g. to quickly respond to your questions about the Game.

7. INFORMATION COLLECTED FROM THIRD PARTIES

7.1 We may receive your Personal Data as a data processor, which means that the data is controlled by our partners and we use it only in accordance with their instructions and applicable laws. We use this data in order to fulfil our obligation under the terms of use, improve the Game, and when processing is required in order to comply with a legal obligation to which we are subject.

7.2 When you purchase virtual items, virtual currency, or time-limited premium memberships with your credit card, we may receive from our payment partners and process a part of your credit card number, information about your credit card issuer, as well as your full address for billing purposes.

7.3 We have registered certain Game-related group accounts and pages at Facebook, Twitter, Reddit, and other social networks to better communicate with our players in case they have questions about the Game, as well as prefer to learn about news about the Game through the social networks. Also, we get information relating to your profiles on social networking sites in order to allow integration with such social networking sites.

8. CHANGE OF CONTROL

8.1 In connection with a change in ownership of DFH or DFH’s assets as well as consideration, preparation and execution of such a change, we may, in order to pursue our legitimate interest in such change of ownership, share your Personal Data for these purposes with relevant parties as well as their advisers. A new owner of DFH or the activities of DFH will be entitled to continue using your data in accordance with this Privacy Policy unless you are informed otherwise.

9. RESPONDING TO LEGAL REQUESTS AND PREVENTING HARM

9.1 We may access, preserve and share your Personal Data in response to a legal request (like a search warrant, court order or a subpoena or the like), or when necessary to detect, prevent and address fraud and other illegal activity, to protect ourselves, you and other users, including as part of investigations.

10. COOKIES, PIXELS AND OTHER SYSTEM TECHNOLOGIES

10.1 We may collect information by using technology such as tags (on your browser or device). We do not place or collect cookies.

11. RETENTION

11.1 We store your Personal Data as long as you are playing the Game. We may delete your Personal Data if you have not played the Game for a period of three years.

12. CHILDREN

12.1 The Game is not directed to persons under the age of 13 (a “Child”). We do not knowingly collect Personal Data about a Child. If you are a parent or guardian of a Child and you become aware that the Child has provided Personal Data to DFH without your consent, please contact privacy@darkfiregames.com to exercise your access, rectification, erasure, limiting of processing and objection rights.

13. YOUR RIGHTS

13.1 You have the right to request access and further information concerning the processing of your Personal Data, or request that we correct, rectify, complete, erase or restrict the processing of your Personal Data. You have the right to obtain a copy of the Personal Data that we process relating to you free of charge twice (2) every calendar year. For any additional copies requested by you, we may charge a reasonable fee based on administrative costs.

13.2 You have the right to restrict the Processing of your Personal Data, if (i) you have questioned the accuracy of the Personal Data, (ii) the Processing is unlawful, and you have requested a restriction of the Processing, (iii) we no longer need your Personal Data for the original purpose, but we need it to establish, exercise or defend rights, or (iv) an assessment of what legitimate interest is the most important in connection with a pending request for the erasure of Personal Data.

13.3 If the Processing is based on the legal grounds consent or fulfilment of contract you have the right to data portability. Data portability means that you can receive the Personal Data that you have provided to us, in a structured, commonly used and machine-readable format, and have the right to transfer such data to another data controller.

14. CONTACT INFORMATION

14.1 To exercise your rights, or if you have any questions regarding our processing of your Personal Data, please contact us at the following address: privacy@darkfiregames.com or Darkfire Games, Store Kongensgade 59B, 4., 1264 Copenhagen K.

14.2 If you have any complaints regarding our processing of your Personal Data, you may file a complaint to the Danish data protection authority (Datatilsynet): https://www.datatilsy net.dk/.

15. NOTICE OF CHANGES TO THE PRIVACY POLICY

15.1 If we make changes to this Privacy Policy, we will notify you at our homepage www.darkfiregames.com. If your consent is required due to the changes, we will provide you additional prominent notice as appropriate under the circumstances and ask for your consent in accordance with applicable law.

Privacy Policy