Last Updated: December 27, 2019
Epic Action develops and publishes social games for the web and mobile devices including Final Fantasy XV: A New Empire™. In this policy, “Epic Action,” “we,” or “us,” refers to Epic Action LLC and its Affiliates, which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership.
For purposes of the European General Data Protection Regulation (the “GDPR”), Machine Zone, Inc. (“MZ”) is the “data controller” of your personal information. Machine Zone Germany GmbH (HR B 131970), with the contact email address [email protected], is our representative in the European Union. Our data protection officer can be contacted at [email protected]
- Information we collect about you
- Ad identifiers, cookies, and similar technologies
- How we use the information we collect and our legal bases for processing it
- Sharing of your information
- Our policies concerning children
- Your rights and how to access, update, and manage your personal information
- Opting out of push and local notifications
- How long we keep your information
- Privacy policies of linked sites
- Security of your information
- International transfers of your personal information
- Contact information
2. INFORMATION WE COLLECT ABOUT YOU
The personal information we collect or have about you will either be provided by you directly, come from other sources or will be collected from your activity on our website or applications and use of the Service as set out below.
(a) Information we collect from you directly
When you interact with the Service, at www.finalfantasyxvapp.com, www.epicaction-online.com, any other Epic Action – owned website, or download the Service from a third-party app store, we will collect and store information from you directly as described below, to the extent it is available to us.
(i) Registration information
You can register with us by using Facebook Connect or other application authentication options to create an account or profile within the Service. We also provide a more typical registration flow where we will collect the following information from you:
- E-mail address;
We may also offer you the option to complete a user profile that is visible to other Service users. Your user profile may include: a profile image; one or more Service username(s); and an MZ user ID number that is created by MZ and used to identify your profile.
(ii) When you access and use Epic Action games on a mobile device
If you access the Service on your mobile telephone or other mobile device, including iPads and tablets, we collect the following information about you, to the extent it is available:
- Device advertiser ID;
- MAC Address;
- Connection type;
- IP Address; and
We will create and assign to your device an identifier that is similar to an account number. We will also collect the following information about you, to the extent it is available:
- Game username;
- Device type; model; operating system; memory; storage;
- Telephone number;
- Country, region, city;
- User name, character name;
- E-mail address; and
- Your contacts to enable you to invite friends to join you in the Service.
When you use our Services, we will also collect information about the ways in which you use and interact with our Services, such as when and for how long your device is logged into our games, game features you access and other players you interact with, in-app purchases you make, progress or levels you achieve, and other gameplay activities.
We also collect pseudonymous usage statistics about your interactions with the Service. This information is typically collected through the use of server log files or web log files (“Log Files“), mobile device software development kits and tracking technologies like browser cookies to collect and analyze certain types of technical information. Some of the cookies the Service places on your computer are linked to your user ID number(s). For more information on how we utilize cookies and other tracking technologies, please refer to “Ad identifiers, cookies, and similar technologies”.
(iii) Through your participation in online gaming communities
When you use the Service, you will get access to the online gaming community within the Service which gives you the opportunity to communicate or share information not just with us, but also with other users of our Service through:
- Participating in player forums and message boards;
- Posting public comments to other users’ profiles or game boards;
- Sending private messages or invitations to other users, either directly on our websites or to their e-mail accounts;
- Chat with other users; and
- Posting web links.
When you participate in online gaming communities in the ways described above, we access and store information about you. The information we store varies by application, and is affected by the privacy settings you and your friends establish in that application. You can control and find out more about these settings within the application. We will collect the following information:
- Your in-Service username;
- Your device advertiser ID;
- Depending on how you log into the Services, Facebook User ID;
- Fan Status;
- The IP address of your access devices;
- Your in-game chats and messages; and
- If provided by you, your e-mail address and phone number.
(iv) Payment information
We will also collect some purchase information (which is comprised of transaction history, including what you have purchased, the price, and the date). Note that your in-app purchase transactions are processed by third-party payment processors, such as Apple (for purchases on iOS devices), Google (for purchases on Android devices), or Amazon (for purchases on Kindle devices). These third-party payment processors do not share your financial information, like credit card numbers, with us.
(v) Customer Support correspondence
When you ask for assistance from our Customer Support team, we will collect and store:
- Your name and e-mail address;
- Information about your activity on the Service;
- Your user name or ID number; and
- Any correspondence connected to the assistance provided to you
(b) Information we collect from other sources
We will collect or receive information from the following other sources (i) other Service users who choose to upload their email contacts; (ii) third party information providers such as digital advertising companies; and (iii) social networking sites.
3. AD IDENTIFIERS, COOKIES, AND SIMILAR TECHNOLOGIES
To provide our games, websites and interest-based advertising, we use ad identifiers, cookies and similar technologies. This section describes our use of these technologies and how you can manage your preferences.
How do ad identifiers, cookies, and similar technologies work?
Ad identifiers are non-permanent identifiers such as the Android advertising ID and/or Apple’s ID for advertising (the ‘IDFA’), which are uniquely associated with your device. Similar technologies include tracking pixels within ads. Cookies are small text files that are stored by your browser on your desktop computer or mobile device.
We also employ other technologies including (i) web beacons, which allow us to know if a certain page was visited or whether an e-mail was opened; (ii) tracking pixels, which allow us to advertise more efficiently by excluding our current users from certain promotional messages, identifying the source of a new installation or delivering ads to you on other websites; and (iii) local shared objects also known as flash cookies, which help us to prevent fraud, remember your in-Service preferences and speed up load times.
How to adjust your preferences for interest-based advertising
You can choose to prevent your device’s ad identifier being used for interest-based advertising, or you can reset your device’s ad identifier, by changing the settings of your device. Settings vary from device to device but you will usually find the ad identifier settings under “privacy” or “ads” in your device’s settings.
The NAI (Network Advertising Initiative) allows for the central opting out of all its members’ cookies from a single opt-out page. If you prefer not to receive relevant advertising on web pages, please visit the following link: networkadvertising.org/choices/. If you delete your cookies, use a different browser or buy a new computer, you will need to renew your opt-out choice.
4. HOW WE USE THE INFORMATION WE COLLECT AND OUR LEGAL BASES FOR PROCESSING IT
We will use information collected from you in any one or more of the following ways:
- To create your Service accounts and allow access to our Services;
- To identify and suggest connections with other users;
- To enable user-to-user communications;
- To provide technical support and respond to user inquiries;
- To deliver and target advertising;
- To notify users of in-Service updates;
- To provide in-Service leader boards and promote in-Service player achievements;
- To solicit input and feedback to improve MZ group company products and services and customize your user experience;
- To inform users about new products or promotional offers;
- To engage in commonly accepted practices, such as contacting you at the email address we have on file if you are a potential winner in a sweepstakes; and
- To improve and develop our products and Services.
One important use of your information is communication. If you have provided your e-mail address to us, we’ll use it to (i) respond to customer support inquiries, (ii) keep you informed of your in-Service activity, including comments from friends, notifications about in-Service status and requests, and (iii) provide you with details of our similar games or Services, unless you have asked us to stop sending you our marketing material or opted out from our electronic marketing communications. Some messages, such as invites for friends to join you in a Service, may include your name and profile photo. If you are not a current user, we will send promotional e-mail messages and promotional messages directly or in partnership with third parties only if you have provided your prior consent in accordance with the relevant laws and regulations for us to do so.
We may use the information we hold about you to promote our Services in any one of the following ways:
- Advertising on third party websites, apps, and Internet-connected devices;
- Showing you promotions for our other games or Services;
- Sending you marketing materials by email.
What information do we use for marketing?
We use information about you to try to make sure you only see marketing from us that might be of interest to you, including:
- ad identifiers and other information collected from your device. For more information, see Ad identifiers, cookies and similar technologies;
- the games you play and information about how you interact with our Services;
- your age, country or region, and gender; and
- other information that we might acquire from our third party marketing partners or other third parties who have obtained your consent or have another legal basis to share that information with us.
Opting out of direct marketing from us
You can exercise choices over the direct marketing we send you in the following ways:
- you can withhold your consent for us to send you direct marketing emails by opting out when we collect your email address or by electing not to share your email address with us when you first create an account using your Facebook details;
- you can remove yourself from receiving email marketing from us at any time by simply clicking the unsubscribe link in any direct marketing email we send to you or sending an email to [email protected]; and
- to disable interest-based advertising, please see How to adjust your preferences for interest based advertising.
You should note that if you opt out of receiving interest based or targeted advertising, you will still see advertising and you may see advertising for our Services, but that advertising will not be targeted using your personal information.
Third Parties’ Direct Marketing
We do not share personal information with third parties for their direct marketing purposes unless you affirmatively agree to such disclosure, typically by “opting in” to receive information from a third party that is participating in a sweepstakes or other promotion on one of our sites. If you do ask us to share your personal information with a third party for its marketing purposes, we will only share information in connection with that specific promotion, as we do not share information with any third party (other than our service providers) on a continual basis. To prevent disclosure of your personal information for use in direct marketing by a third party, do not opt in to such use when you provide personal information on one of our sites.
Your access to the Services will not be affected if you do not “opt in” to receive information from such third parties.
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our customers who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to: Customer Service c/o Epic Action LLC, 2225 E. Bayshore Road, Suite 200, Palo Alto, CA 94303.
Legal Bases for European Countries’ Users
- Contractual Necessity. This covers data used by us in order to provide you with Services that you have requested – and that we have agreed – to provide to you, such as our games, customer services, and chat functionality;
- Legal Obligation. This covers data used by us to comply with legal obligations, such as to maintain records relating to tax or to respond to valid legal requests for certain data;
- Legitimate Interests. This covers data used by us for purposes that can be reasonably expected with your use of our Services and that we do not believe are harmful to your privacy, such as analytics to understand how our users navigate our websites and apps, to keep our websites and apps safe and secure, research and optimization of our games and other Services, to provide a more personalized experience, marketing and advertising; and
Consent. Where we process data based on your consent, we will ask for your explicit consent. You may withdraw consent at any time, but that will not affect the lawfulness of the processing of your personal data prior to such withdrawal.
5. SHARING OF YOUR INFORMATION
Epic Action shares your personal data with MZ (as the controller) and we will share your personal data with our Affiliates including in the United States. Please be aware that the US and other jurisdictions may have a lower standard of data protection laws than your own jurisdiction. We will also share your personal data with third party recipients (i.e., parties other than the MZ group of companies) including outside the European Economic Area, in the following circumstances:
(a) Third party service providers
We provide your information to third party recipients. These categories of recipients include:
- Hosting providers to store the personal data you provide and for disaster recovery services, as well as for the performance of any contract we enter into with you;
- Email delivery providers that provide us with email delivery services;
- Advertisers, ad exchanges and other ad technology companies that require the data to select and serve our relevant advertisements to you and others, and assist us in our marketing efforts;
- Data analysis providers including Google Analytics that assist us in the improvement and optimization of the websites and apps, and data analysis.
We direct all such third party recipients to maintain the confidentiality of the information disclosed to them and to not use your information for any purpose other than to provide services on our behalf.
(b) Sale or merger
In the event that Epic Action or MZ undergoes a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, we may transfer all of your information, including personal data, to the successor organization in such transition. In such case, we will first notify you in accordance with local law requirements, if any, regarding those items of personal data that will be transferred, the name and contact details of the recipient, and inform you of how you can withdraw consent thereto.
(c) Safety, security and compliance with law
Your information, and the contents of all of your online communications (including without limitation chat text, voice communications and IP addresses) may be accessed and monitored as necessary to provide the Service and may be disclosed: (i) when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations; (iii) where we believe that the Service is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect our rights or property.
6. OUR POLICIES CONCERNING CHILDREN
Our Services (including websites, games, and applications) are not intended for children (aged 13 or such higher age as required by applicable law). We do not knowingly collect or solicit any personal data from children and we do not knowingly allow children to register for or use the Services. Children should not use our Services or send us any personal data about themselves at any time. In the event that we learn that we have inadvertently gathered personal data from children, we will take reasonable measures to promptly erase such information from our records. If you believe that we might have information from or about a child, please contact us.
7. YOUR RIGHTS AND HOW TO ACCESS, UPDATE, AND MANAGE YOUR PERSONAL INFORMATION
(a) Information we receive from a social networking site (“SNS”)
To manage the information Epic Action receives about you from an SNS where you use our Services, you will need to follow the instructions at that site for updating your information and changing your privacy settings. The privacy management tools for applications on Apple can be found at http://www.apple.com/privacy/manage-your-privacy/. The privacy management tools for Google can be found at https://www.google.com/safetycenter/everyone/start/. The privacy management tools for Amazon can be found at https://aws.amazon.com/compliance/data-privacy-faq/. You can manage certain aspects of information collection and use by going to the settings of your (mobile) device and reviewing the permissions of each application.
(b) Other methods of accessing or controlling your information
If you no longer want Epic Action to make active use of your information, you may send an e-mail to [email protected] Place “Delete My Account” in the subject line and include your first name, last name, e-mail address and user ID number from which you access our Services (if applicable) in the body of the e-mail. If you do so, you will no longer have access to the game account or services associated with your account. Other steps you should take should you wish to delete your account include disassociating your Facebook account from our mobile games and deleting the game from your mobile device. Please note that if ask us to delete your account all your progress in the game and any unused virtual items will be lost and we may not be able to restore them in the future. We will respond to your request within thirty (30) days. Epic Action may use your information unless and until you send Epic Action such a request. Please note that your information, for example those records pertaining to payments or customer service matters, may be retained for legal and accounting purposes. If you have sent or posted content on the Service, we may not be able to delete it.
- If you wish to review, change or correct the information Epic Action has about you, e-mail us at [email protected]
- You can turn off push notifications and local notifications by visiting the “notifications” page within the relevant Service.
- You can stop further use of your geo-location by visiting your device’s settings for the relevant application or the “settings” page for the relevant Service.
(c) European Countries Users’ Rights
If you are located in a country in the European Union, the European Economic Area, or Switzerland, you have certain rights in relation to the personal data we hold about you, which we detail below, and which are subject to exemptions under applicable data privacy laws. Some of these only apply in certain circumstances as set out in more detail below. We also set out how to exercise those rights. Please note that we may require you to verify your identity before responding to any requests to exercise your rights. We will respond to a request by you to exercise those rights without undue delay and at least within one month (although this may be extended by a further two months in certain circumstances). To exercise any of your rights, please send an email to [email protected]
We may decline to process requests in certain circumstances, such as where requests are manifestly unfounded or excessive or requests that jeopardize the privacy of others.
(i) Deletion of your personal data
In some circumstances, you may request that we erase some of the personal data we hold about you. Should you wish to have your personal information deleted, please contact us at [email protected]
Please provide as much detail as possible on your reasons for the request to assist us in determining whether you have a valid basis for erasure. Please note that in order to process your request you must delete our games from your mobile devices and clear our cookies from any device where you have played our games. When we delete any information, it will be deleted from our active databases but may remain in our archives. Please note, however, we may still retain some or all of that information for other purposes such as maintaining financial records, protecting or enforcing legal rights, maintaining marketing suppression lists or for technical reasons such as maintaining technical security or our database integrity. We may also retain your information in an anonymised form.
(ii) Access and portability
You have a right to know what information we hold about you and in some cases to have the information communicated to you. If you wish to exercise this right please contact us at [email protected] and let us know that you wish to exercise your right of access and what information in particular you would like to receive. Please note that we may not be able to provide all the information you ask for, for instance if the information includes personal information about another person.
In some circumstances, you may request the data we process based on consent or to perform our contract with you in a structured, commonly used and machine-readable format or to request we transfer such personal data to another party. Your rights are subject to exemptions under applicable data privacy laws.
If you wish for us to transfer the personal data to another party, please ensure you detail that party and note that we can only do so where it is technically feasible. We are not responsible for the security of the personal data or its processing once received by the third party.
We also may not provide you with certain data if providing it would interfere with another’s rights (e.g. where providing the personal data we hold about you would reveal information about another person or our trade secrets or intellectual property) as permitted under applicable data protection rights.
You have the right to correct any personal data held about you that is inaccurate. Where you request correction, please explain in detail why you believe the personal data we hold about you to be inaccurate or incomplete so that we can assess whether a correction is required.
(iv) Restriction of processing to storage only
You have a right to require us to stop processing the personal data we hold about you other than for storage purposes in certain circumstances, e.g. whilst we are considering whether it should be corrected or deleted or, based on your objection, whether we should permanently stop processing. Please note, however, that if we stop processing the personal data, we may use it again if there are valid grounds for us to do so (e.g. for the defence of legal claims or for another’s protection).
You also have the right to object to our processing of data about you by emailing us at [email protected] in the following circumstances:
· We are processing the data we hold about you on the basis of our legitimate interest and you object to such processing. Please provide us with detail as to your reasoning so that we can assess whether there is a compelling overriding interest in us continuing to process such data or we need to process it in relation to legal claims.
· We are processing the data on the basis of historical/scientific research or statistics and you have a particular reason to object. Your right would not apply where we have been tasked with and it is necessary for us to undertake such processing in the public interest.
In the event that you wish to make a complaint about how we process your personal data, please contact us in the first instance at [email protected] and we will endeavor to deal with your request. This is without prejudice to your right to launch a claim with the data protection supervisory authority in the EU country in which you live or work where you think we have infringed data protection laws.
(d) California Residents
This section applies only to California residents. It describes how we collect, use and share Personal Information of California residents in operating our business, and their rights with respect to that Personal Information. For purposes of this section, “Personal Information” has the meaning given in the California Consumer Privacy Act of 2018 (“CCPA”) but does not include certain de-identified or aggregated information, information publicly available in government records, or certain information excluded from the CCPA’s scope.
Your California privacy rights. Effective January 1, 2020, as a California resident, and upon your verifiable consumer request, you have the rights listed below. However, these rights are not absolute, and in certain cases we may decline your request as permitted by law.
- Information. You can request the following information about how we have collected and used your Personal Information during the past 12 months: the categories of Personal Information that we have collected; the categories of sources from which we collected Personal Information; the business or commercial purpose for collecting and/or selling Personal Information; the categories of third parties with whom we share Personal Information.
- Access. You can request a copy of the Personal Information that we have collected about you during the past 12 months.
- Deletion. You can ask us to delete the Personal Information that we have collected from you. Note that there are a number of exceptions, and we need certain types of information so that we can provide our Services to you. If you ask us to delete some or all of your information, you may no longer be able to access or use the Services.
- Nondiscrimination. You are entitled to exercise the rights described above free from discriminatory practices prohibited by California law.
Exercising your rights. You may exercise your California privacy rights described above by emailing us at [email protected], or by contacting us via the “Contact Us” link on the game website, or from your game account.
We will need to confirm your identity and California residency to process your requests to exercise your information, access or deletion rights. We cannot process your request if you do not provide us with sufficient detail to allow us to understand and respond to it.
Response Timing. We aim to respond to a consumer request for access or deletion within 45 days of receiving that request. If we require more time, we will inform you of the reason and extension in writing.
Personal Information that we collect, use and share. We describe the sources from which we collect Personal Information in Section 2 (Information We Collect About You) and the business and commercial purposes for which we collect this information in Section 4 (How We Use The Information We Collect) and Section 5 (Sharing Of Your Information) above.
8. OPTING OUT OF PUSH & LOCAL NOTIFICATIONS
When you install our apps on your mobile device you can choose to receive push notifications. Where you opt to receive push notifications, will send push notifications to your mobile device to provide Service updates and other relevant messages. You can turn off push notifications by visiting the “options” or “settings” page within the relevant Service. You may also receive local notifications. You can turn off local notifications by visiting the “options” or “settings” page within the relevant Service.
9. HOW LONG WE KEEP YOUR INFORMATION
We retain your personal data for the duration of your account, as long as reasonably necessary to provide you the services, and for such periods necessary to comply with the law.
In the event you request deletion of your personal data in accordance with the process explained above, we will delete it as specified above. Please note that we may retain information needed to resolve disputes, enforce our user agreements, protect our legal rights, and comply with technical and legal requirements and constraints. For example, we may retain records pertaining to payments or customer service matters. If you have sent or posted content on the Service, we may not be able to delete it.
10. PRIVACY POLICIES OF LINKED SITES
Our Services may contain links to third-party websites. We are not responsible for the privacy practices or the content of such websites. If you have any questions about how these other websites use your information, you should review their policies and contact them directly.
11. SECURITY OF YOUR INFORMATION
We implement reasonable security measures to protect the security of your information both online and offline, and we are committed to the protection of customer information. While we take reasonable precautions against possible security breaches of our Services and our customer databases and records, we cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. Unfortunately, the transmission of information over the Internet is not completely secure. Although we strive to protect your personal data, we cannot guarantee the security of your data while it is being transmitted to our site; any transmission is at your own risk. Once we have received your information, we have procedures and security features in place to try to prevent unauthorized access. We urge you to take steps to keep your personal information safe (including your account password), and to log out of your account after use. If your account is hacked, this may lead to unauthorized access to your Epic Action Services, so be careful to keep your account information secure. If you have questions about the security of our Services, please contact us at [email protected]
12. INTERNATIONAL TRANSFERS OF YOUR PERSONAL INFORMATION
As you are contracting for the Services with Epic Action, which is a US company, any information you provide to us, or that we collect through your use of the Services that is necessary to provide you the Services, will be stored, processed, and transferred within, or to, the United States. As a result, your information could be accessed by foreign governmental authorities, or otherwise, in accordance with applicable local laws.
Please be aware that the US and jurisdictions other than the one in which you are located will not have the same data protection laws as your own jurisdiction.
14. CONTACT US
You can opt out of receiving commercial electronic messages (such as emails) from us at any time by contacting [email protected] Your consent to disclosure outside Australia under this policy means that we will not be accountable to you under the Privacy Act for acts and practices of recipients outside Australia.
Personal information maintained and processed by us and third party service providers in the U.S. and other foreign jurisdictions may be subject to disclosure pursuant to a lawful access request by U.S. or foreign courts or government authorities. We will not provide your information to third parties for marketing purposes without your prior consent.
For more information about our privacy practices; to access, update or correct inaccuracies in your personal information; or if you have a question or complaint about the manner in which we or our service providers treat your personal information, please contact [email protected]
We comply with Japanese laws and regulations, including the Act on the Protection of Personal Information (the “PIPA”).
For more information on what information Google collects and how it uses this data, go to https://www.google.com/intl/ja/policies/privacy/. If you prefer not to receive relevant advertising on web pages, please follow the instruction provided by Google at https://www.google.com/intl/ja/policies/privacy/. If you delete your cookies, use a different browser or buy a new computer, you will need to renew your opt-out choice.