Players Privacy Policy

Introduction

Version: 24/04/2023

Summary

Commercial Communications

1. Data Controllers

   The entity responsible for your registration and gaming data is Sensing Emotions and Knowledge Group, S.L., domiciled at Carrer Consell de Cent, 341, Principal Primera, 08007, Barcelona, Spain and with CIF B66471665. All communications regarding the processing of your personal data shall be directed to our Data Protection Manager indicated below. Contact person: Aleix Canals Pou, aleix@sekg.net In addition, Seg transfers your Gaming Data to the corresponding Game Developer as set out below. Information regarding each Gamer Developers acting as Data Controller will be presented before entering into the corresponding Play Set.

2. Personal Data We Collect About You and How we Use It

   • Data collected.

     We collect and process the following data of the Gamers:
     1. Registration (Registration Data). On registering for use of our Services, we will collect the following personal data:
        • name, surname, nickname, country, gender, birthday (age), email address,
        • gamer profile (casual, midcore, hardcore)
        • bank account or Paypal details.
        These data are mandatory and if they are not provided, an account cannot be created.
     2. Use of our Services, including while testing the Games (Gaming Data). On using our Services, we will collect the following data:
        • internet protocol address (“IP address”), connection times, activity, wearables, transactions, communications, screen recordings (including without limitation aloud comments) and other similar types of data, Gamer’s relevant data (nickname, gender, age, country, gamer profile – “casual, midcore, hardcore”);
        • Gameplay (screen recording of the game while the player is playing the game) with think aloud comments;
        • Biometrics (including raw heart rate and skin conductance – these are not used for identification);
        • Experience Analytics (algorithms calculated based on their biometrics and behaviour); and/or
        • Answers to surveys
        • Keyboard strokes, mouse, and touches.
        • Geolocation through IP address
        • Face recording (not used for identification, but facial expression)
        • Voice (together with face and gameplay)
        Some of the above data, especially relating to biometrics, may not necessarily be necessary for playing the Games.
     Note that in order for us to provide our Services, we require obtention of some of the aforementioned data (that is collected prior, while or after testing / playing the Games) which will depend on the Developer’s needs, and failure to provide the required data will prevent you from receiving the benefits set out in the Gamers Terms of Use (such as monetary compensation), and repeated failures to provide such data may result in termination of the Agreement for material breach as per the Gamers Terms of Use. Prohibited data. In all events, it is forbidden to submit to us or upload to the Services any data that contains sensitive personal data that is relative to identifiable persons such as: your and or third party’s racial origin, membership in a trade union, religion, ideology and sexual life, your and or third party’s health; or your and or third party’s relative to the commission of criminal offences or proceedings and associated penalties or fines. You are responsible for the accuracy of the information you provide to us, and you are expected to update any information you provide us with.

   • Data use

     General. We use your personal data to:
     • Provide our Services, as described in our Terms, including without limitation access to the Games and providing you with the payments as applicable.
     • Based on your profile, offer you opportunities to play certain Games and participate in the evaluation activities of Sekg.
     • Analyse and/or create experience analytics (algorithms) based on your behavioural and/or biometric data and/or answers to surveys, which may be on an aggregate and anonymous basis or on a pseudonymous basis, to provide reports and statistics to the Game Developers of the Games you have played.
     • Prevent fraud and other prohibited or illegal activities;
     • Protect the security or integrity of the Site;
     • Send you information about our products and services, event announcements, product notices including those announcing changes to our terms or policies, promotional offers, and surveys (“Commercial Information”); or
     • And for any other purpose expressly disclosed to you at the point of collection or as required or permitted by law.

3. Legal Basis

   The legal basis of our processing of your personal data are the following:
   • For registered users, the processing of data is necessary to provide them with the contracted service and execute the contract in which the users are a Party, or to act when requested before entering such contract.
   • For other users, our processing is based on the express informed consent, in particular for sending commercial communications.
   In certain circumstances, we may treat your data in accordance with this policy to comply with a legal or regulatory obligation to which we are subject.

4. Data Disclosure

   We process your personal data with strict confidentiality in accordance with applicable law. However, we shall disclose any personal or other data you provide us in compliance with a legal obligation or in order to correctly deliver our Services or perform other obligations in accordance with the applicable regulations and rules set forth in the website Terms. Sekg will ensure that your identity will be kept strictly confidential and will not be passed to a third party outside of what has been stated and agreed herein and in the Sekg Gamers Terms of Use. Third Parties acting as Data Processor: Sekg may disclose data as follows: We may give access to personal data to our service providers if we reasonably consider such access and processing necessary to the performance of our services.
   • Hosting Services;
   • Email Services;
   • CRM services;
   • Survey Services;
   We can make personal data available to any company interested in buying or buying the Company or a part of your business and, consequently, give access to any national or international auditors to carry out your “due diligence”. We can share your personal data with other companies of our group of companies. We require that all third parties respect the security of your personal data and process them in accordance with the law. We do not allow our external service providers to use your personal data for their own purposes and we only allow them to process your personal data for specific purposes and in accordance with our instructions. Third Parties acting as Data Controllers: Part of your personal data will be provided to the Game Developers as data controllers of your personal data, this personal data will include:
   • Your nickname, gender, age, country, gamer profile (casual, midcore, hardcore);
   • Gameplay (screen recording of the game while the player is playing the game) with think aloud comments;
   • Face and voice, together with the gameplay
   • Biometrics (including raw heart rate and skin conductance);
   • Experience Analytics (algorithms calculated based on their biometrics and behaviour); and/or
   • Answers to surveys.
   You hereby explicitly consent to the transfer of your personal data to the Game Developers, acting as Data Controllers of your personal data, for the purposes of analysing the data for the development of their Games, and for the purpose of choosing you to play other Games (through access to your nickname). The details of the Game Developer are set out for each Game.

5. International Transfers (Third Party Service Providers)

   We use the following third-party services to provide our Services:
   • Amazon Web Services USA: hosting of online platform and databases
   • Google Cloud Platform USA: hosting of online platform and databases
   • MongoDB Inc. USA: hosting of online platform and databases
   • Email marketing providers.
   • Survey Services providers.
   We use third party technological services for the provision of Services and Website, whose providers may process your data collected in the course of providing us their services indicated below, as sub-processors. These entities may be in jurisdictions that generally don’t provide adequate safeguards in relation to the processing of personal data. For all entities outside the Economic European Area, we have entered contracts with such entities that do include such safeguards, including the EC model clauses.

6. Data Retention

   We will retain the personal data submitted through registration and collected during the Services until termination of the Agreement and deactivation of your Account either by you or us. Once such personal data is no longer used for the purpose mentioned above, it will be deleted. Note that we will retain the data collected from you when playing the Games in an anonymised and aggregated format (to create analytics and data reports for the Developers and sector benchmarks). We may retain personal data beyond the aforementioned periods for legal or administrative reasons, such as defending our responsibility and complying with mandatory legal obligations, subject to applicable law.

7. Security Measures

   The security measures and personal data protection schemes required by law will be adopted and maintained with respect to the processing (and further transfer) of your personal data by Sekg. These measures are in accordance with the guidelines set by the National Data Protection Commissioners (http://ec.europa.eu/justice_home/fsj/privacy/nationalcomm/index_en.htm).

8. Gamer Rights

   Under GDPR you have rights in relation to your personal data. You have the right to: to the portability of your data, access, rectify, erase, block and oppose any processing of your personal data. Moreover, you may at any time withdraw your consent to the processing of your personal data and information. This withdrawal will not have retroactive effects but may prevent providing the Services. You also have the right to lodge a complaint with a supervisory authority. The aforementioned rights may be effective by contacting us at info@sekg.net or at Sensing Emotions and Knowledge Group, S.L., Carrer Consell de Cent, 341, Principal 1a, 42, 08007, Barcelona (Spain), provided that you include a digital copy of your identification document such as your ID card or passport. You also have the right to make any complaint to the competent authority, in this case the Spanish Data Protection Agency (Agencia Española de Protección de Datos), C/. Jorge Juan, 6, 28001 Madrid, Spain.

9. General

   We reserve the right to amend the terms of this Privacy Policy and will notify you by providing a clear notice of these changes by email or on our Website, and in this Privacy Policy. If you continue to use our Services after such update, you will be deemed to accept the new terms. If you do not accept the update, please notify us and we will terminate your Account and remove any of your personal data (except as required to be maintained for legal purposes), and you will not be able to continue to use our Services. Unless a specific local regulation sets forth to the contrary, the Privacy Policy is governed by the laws of Spain.