1. Introduction and Scope
1.1. Tanki Online Europe Ltd., 60/2, Melita Street, Valletta VLT 1122, Malta (hereinafter referred to as the “Company” or the “Administration”), the owner of the exclusive rights to the Game, respects the right of Users to the confidentiality of Personal Information. The Company understands the importance of protecting the information received from Users. The Company approved this Privacy and Cookies Policy (hereinafter referred to as the “Policy”) to inform Users about the collection and use of their Personal Information.
This Policy provides the conditions, procedures, and purposes of collecting, using, processing, storing, disclosing, transferring and deleting of the User(s)’s Personal Information, as well as the conditions of the User(s)’s Personal Information protection. This Policy explains how a User can view, update and request to delete Personal Information as stipulated under the Governing Law. This Policy also provides the conditions, procedures, and purposes of the use and storage of cookies by the Administration.
The End User License Agreement (hereinafter referred to as the “Agreement”), Game Rules and other documents published in the Game and Game Services are an integral part of this Policy. In turn, this Policy is an integral part of the Agreement, Game Rules and other documents of the Game and game services.
This Policy only applies to the websites and other services of the Game and does not cover other websites and services.
By using the Game and its Online Facilities in any way, and/or by clicking “Accept” on the registration form, you confirm that you are acquainted and agree with this Policy, and unconditionally accept all its terms.
If you do not agree with any of the conditions in this Policy, you have no right to further use of the Game and its services, and must leave this website and not use the Game.
2.1. Any capitalized terms contained herein shall have the same meaning as has been assigned to them in the Agreement.
3. No Children Under 13
3.1. THE GAME IS INTENDED ONLY FOR USERS WHO ARE 13 YEARS OF AGE OR OLDER. The Game is not targeted towards, nor intended for use by, anyone under the age of 13. If you are older than 13 years of age but under the age of 18, you may use the Game only under the supervision of a parent or legal guardian who agrees to be bound by the terms of this Policy and any additional terms contained in related documents. By using and accessing the Game, you hereby acknowledge, represent and warrant to the Company (a) that you are at least 18 years of age, that you possess the legal right and ability to consent to this Policy; or (b) that, if you are under 18 years of age, that you are 13 years of age or older, that you have your parent’s or legal guardian’s full consent, agreement and acknowledgement to use and access the Game, and they represent and warrant, on your behalf, that they possess the legal right and ability to consent to this Policy and do so on your behalf. If you are the parent of a child under the age of 13 and have a concern regarding your child’s information on our site, please contact us via the information provided below.
4.1. The Company is committed to respecting the privacy of the User whilst complying with all applicable data protection laws as established under the Governing Law. The Company ensures that the User’s Personal Information is processed fairly, lawfully and in accordance with good practice and it is only collected for specific purposes that are known and accepted by the User when the User chooses to make use of the Software, the Game and the Internet Site.
4.2. The Company is registered with the Data Protection Commissioner in Malta and adheres to the Data Protection Act, Chapter 440 of the Laws of Malta and any other relevant regulations, legal notices and/or similar rules in Malta.
4.3. This Policy covers the following resources of the Game: the interactive multi-user online game «Tanki Online. Version 2» , the chat room of the Game, the forum of the Game, all pages of the Internet Site (hereinafter collectively referred to as the “Game Services”), as well as all the online forms, internal forms and means of communication used in the game services and in the Game client for collection of personal information.
4.4. The Company assures that all that is reasonably possible has been put in place in order that Personal Data is at all times:
a. processed in accordance with the User’s rights;
b. processed fairly and lawfully;
c. obtained only for a specific and lawful purpose;
d. adequate, relevant and not excessive to the purpose of collection;
e. accurate and updated;
f. kept in a secure manner;
g. not kept longer than is necessary for the purpose of collection;
h. not transferred to jurisdictions that do not ensure adequate protection of Your Personal Data; and
i. is only utilized for the reasons disclosed herein.
4.5. Personal Information received by the Company can only be accessed by the Company’s employees and representatives as well as the affiliates of the Company in possession of the required clearance. All persons who have access to such Personal Information are required to comply with the terms of this Policy and are contractually obliged through their employment contract or other agreement to keep such information strictly confidential even after the employment with the Company has been terminated.
4.6. The Company is committed to take all possible organizational and technical measures to protect the User’s Personal Information from illegal or accidental access, destruction, alteration, blocking, copying, distribution, as well as other illegal actions of third parties.
4.7. The Company has adopted the best practices when it comes to the principle of protection of e-mail communication with the User and protection of any other method of communication that might be necessary from time to time.
4.8. Data protection legislation may differ in different countries. The Company will aspire to follow the conditions of this Policy as much as possible and will protect the User’s Personal Information as much as possible, regardless of where it has been collected and/ or how it has been transmitted.
4.9. The Company may only transfer Personal Information to third countries if the third country has an adequate level of Personal Information protection or if such transfer is required for conclusion or performance of the Agreement or other contract in the User’s interests, or if such transfer is required to protect the User’s interests, or if the Company provides adequate guarantees in relation to Personal Information protection.
4.10. Notice to California Residents: Under California law, a California resident with whom we have an established relationship has the right to request certain information with respect to the types of Personal Information we have shared with third parties for their direct marketing purposes, and the identities of those third parties, within the immediately preceding calendar year. All requests for such information must be made in writing and sent to the address listed below. Please note that this same California law permits us to provide you, in response to your written request, with a cost-free means to choose not to have your information shared rather than providing the information described above. You may exercise that choice by contacting us at the address below.
5. Collection of Personal Information
5.1. Personal data collected and treated by us:
Identification data (ID) in social networks;
5.2. The Administration shall have the right to request from the User any information in order to enable the use of the Game, which may include the information provided in the course of filling special forms in the Game and Game Services, including the information provided during registration, subscription to services, publication of materials and request for other services, including e-mail, IP address, phone number, identification data (ID) in social networks, username, password and other information.
5.3. The Company may make use of external payment service providers to handle payments for the Digital Content. In this case, Users provide their personal data directly to the external payment service provider and not via the Company. These external payment service providers are directly responsible for the protection of the User’s personal data. You can find further information in the current data protection guidelines of the respective service providers.
5.4. The Administration may request any information required to organize and conduct events in the Game when the User registers to participate in such events initiated by the Administration.
5.5. If the User starts correspondence with the Administration or submits a report about problems with the Game or Game Services, the Administration has the right to store all this correspondence.
5.6. The Administration may ask the User to take part in surveys and request certain information in the course of surveys, but this is not a mandatory procedure and any User may refuse to participate.
5.7. The Administration may collect and process the details of transactions and the User’s payment data when a User avails himself of any Paid Service.
5.8. The User’s browser or a client program may transfer certain information about the details of visits to websites of the Game and Game Services, including information about traffic, log-files, data about geographical location of the User’s computer and its possibilities, and other information. The User hereby accepts that the Administration may use this information for the purposes and in the procedure established in this Policy.
5.9. The Administration may request other information from the User such as his gender, age, date of birth, and game preferences for the purpose of providing Game Services.
5.10. The Administration may collect, process and use other information specified in the Agreement, and any of the documents forming an integral part of the EULA.
6. User’s Consent
6.1. If in the registration form of the Paid Services or any other registration form used in the Game or Game Services, the User furnishes any Personal Information, such provision means that the User has expressly given his direct and definite consent to this Policy, to the Agreement and to any document forming part of the Agreement, and such provision means that the User has expressly given his direct and definite consent regarding the collection, processing, usage, storage, disclosure, transferring, cross-border transfer (transferring to third countries) and destruction of any of the User’s personal information, for the purposes provided by this Policy, the Agreement and any documents forming part of the Agreement
6.2. Personal Information shall only be collected for legal purposes and in particular shall be collected for the hereunder reasons:
a. verification of the User’s details;
b. registering an Account with the Company;
c. promotion and marketing of activities;
d. compliance with applicable laws;
e. providing the User with any appropriate and qualitative additional services that the Company may offer, such as technical support relating to the Game; and
f. performance and fulfillment of the Agreement and of all the documents forming an integral part of the Agreement by the Company, by its suppliers and/or by any third party acting on its behalf.
6.3. The Administration shall have the right to collect and make any use it deems fit of any information which is not deemed to be Personal Information according to the Governing Law, and the User hereby accepts that the Company may disclose to any third parties such non-Personal Information.
6.4. The User has the right to object to the processing and collection of his Personal Information and has the right to withdraw such consent at any time, except where otherwise determined by the Governing Law. Whenever such a User withdraws his consent, he understands and accepts that this may have a negative influence on the quality of the Game and Online Facilities, and may also result in the impossibility of access to the Game and/ or Game Services, and the User hereby agrees that the Company shall have no liability for any loss and/ or damage to the User’s Personal Information in such case.
7. Use and processing of Personal information
7.1. The User hereby further accepts that the Company shall have the right to store and process the Personal Information provided, which the Company deems necessary in order to make use of the Game. The User further accepts and understands that all activities within the Game are logged.
7.2. The Personal Information that is disclosed by the User is collected and processed by the Administration for the purposes of appropriate and qualitative provision of Game Services to the User, for the purpose of development and improvement, to perform the Agreement and other actions specified in the Agreement, Game Rules and this Policy. The processing of Personal Information are collection, recording, systematization, classification, storage, accumulation, updating, modification, grouping, blocking, use, disclosure, transfer to the third parties, dissemination, destruction, deletion, and other actions necessary for the performance of the Agreement.
7.3. The Company does not sell the User’s Personal Information and does not disclose such information to third parties, except as provided in this Policy. The Company may disclose the general demographic and statistical information to business partners or advertisers. This is not directly related with the Personal Information and cannot identify a specific User.
7.4. To ensure the proper provision of services, the Company has the right to transfer Personal Information to other persons or organizations that provide hosting services, payment services, services related to sending e-mails, and to moderators. These persons and organizations have the right to use the received personal information for the sole purpose of providing services to Users and are bound by the terms ensuring the proper use of the Personal Information.
7.5. The User accepts that the Company shall have the right to transfer the Personal Information provided to any affiliates of the Company for the purpose of appropriate and high-quality provision and improvement of Game Services and for the purpose of improving Game Services, for the performance of the Agreement, Game Rules and this Policy.
7.6. If the Company merges with another company in the future through the process of reorganization and/ or merger and/ or sale and/ or acquisition and/ or liquidation and/ or through any other process, the User(s)’s Personal Information may be transferred along with the Company or its part, or it may be sold as part of the Company.
7.7. The User accepts that the Company shall have the right and the obligation to disclose Personal Information when ordered to do so by a decision deriving from the Governing Law and/or any other reputable jurisdiction and/ or when ordered to do so by order of the Regulatory Authority and/or when ordered to do so by order of the Data Protection Commissioner and/or in the event of User being directly and/or indirectly involved in any crime which somehow involves the Game and/or the Company’s services.
7.8. The User agrees that if the Company receives a claim from third parties (copyright holders) concerning the User’s infringement of the rights to Materials placed in the Game and/ or Game Services, the Company shall have the right to transfer the information about such User to the third party (copyright holder).
7.9. If the User enters in the Game and/or registers in the Game through sites of third parties and/ or through sites of partners of the Company, such persons can request, collect and process personal information of the User for the purpose of appropriate and high-quality service. The Privacy and cookies policies of the third parties will apply in that case. The User accepts that the Company shall have the right to transmit The User’s Personal information to such persons for the purpose of appropriate and high-quality provision of Game Services, performance of the Agreement, Game Rules, and this Policy.
8. Storage of personal information
8.1. The Company will take all the necessary measures for the proper and safe storage of the User’s collected Personal Information in accordance with the conditions of this Policy. All information provided by the User is stored on the servers of the Company .
8.2. The Company shall use a standard technology which includes firewalls to ensure the safety of the Personal Information.
8.3. The User is obliged not to disclose or transfer his/her identity or account details, which are used for authorization in the Game, to third parties. The User is fully responsible for the storage of his account information.
8.4. If the User becomes aware that his/her account information have been stolen and/ or are in the possession of any third party, the User shall immediately inform the Company about such circumstances so that the Company can take the necessary measures. In such cases the Company cannot guarantee the safety of the User’s Personal Information and the User hereby accepts that the Company shall not be held liable for any use of this Personal Information.
8.5. When the User communicates inside the Game or Game Services (using a chat room, forum, etc.), the User understands that such communication takes place through the Company’s Server and agrees that this data may be collected, stored and studied by the Administration. The Administration is not responsible for the confidentiality of the Personal Information and/ or other information that the User discloses to other User(s) through the Game, Game Services or other services associated with the Game (using a chat room, forum, social networks, etc.) and the Administration shall have the right to consider such information as being available within the public domain.
9. PROCEDURE TO EXERCISE ARCO RIGHTS
9.1.The Company, in compliance with the law, agreeing about the importance of your privacy, has established this procedure that allows you to request any information dealing with your Personal Details, or exercise of any ARCO right.
The rights every person may exercise regarding the treatment of their own personal data are:
• The right to Access: You have the right to know about data we have on you, as a result of our contractual relationship, forms or communications established between the both of us.
• The right to Rectification: You have the right to communicate, notify and undoubtedly let us know about data that is inapplicable to your person, so that we may proceed to make adequate changes.
• The right to Cancellation: You have the right to request the deletion of any data we may have about you, deriving from our contractual relationship, forms or communications established between the both of us.
• The right to Opposition: You have the right to limit the purposes of the treatment or use of your data, for which you might have previously granted your consent.
9.2. The Owner of the Personal Data or his/her Legal Representative will be the sole persons with the capacity to request the exercise of ARCO rights.
9.3. Delivery of Request to exercise ARCO rights may be through:
a) E-mail addressed to: email@example.com
b) Written notice directly delivered to our offices at 60/2, Melita Street, Valletta VLT 1122, Malta, Monday through Friday, from 10:00 to 18:00 hours.
9.4. Such requests are to be addressed and channeled to the persons responsible for Personal Data Protection, who will verify that this request provides the following information:
• The User account name, as well as an e-mail address or any other means to communicate and reply to the request made.
• A clear and accurate description of the personal data, and/or the reasons regarding which the Owner is seeking to exercise any ARCO right.
• In the event of a request for Rectification of personal data, the Owner must also indicate the changes that are to apply, and contribute documents supporting his/her request.
9.5. Upon receipt of the request, Personal Data Protection Responsible Persons will carry out the procedure of identifying the User by sending additional questions to the Requesting party.
9.6. Should a request fail to satisfy any of the above requirements, or the Requesting party failing to pass the User identification procedure, the request will be rejected, and the applicant informed accordingly.
9.7. Should the procedure of the User identification be successful, and the request satisfy all of the above requirements, it will continue to be processed in accordance with the following:
9.7.1. Personal Data Protection Responsible Persons will notify the Owner or his/her Legal Representative within a maximum term of twenty (20) business days as from the date the access, rectification, cancellation or opposition request was received, the resolution taken through the means indicated by the Owner in his/her request.
9.7.2. Should the access, rectification, cancellation or opposition request be admissible, the same will enter into effect within fifteen (15) business days following the date on which the Owner was notified with an answer.
9.7.3. Access obligation to the information will be satisfied when the personal data has been made available to the Owner, or else, by the issue of original copy, e-documents or any other means.
9.8. Personal Data Protection Responsible Persons will be supported by areas and persons who, on account of the Company, handle the Owner’s personal data, jointly implementing any measures required to satisfy the request.
9.9. The Owner of the personal data may be denied the right to the access or rectification or cancellation of the Personal Data in the following events:
• When the requesting party is not the owner of the personal data, or his/her legal representative is not duly credited to such effect;
• When the requesting party’s personal data is not found in the database;
• When there is a legal impediment or resolution of pertinent authority in the sense of restricting access to personal data, or does not allow rectification, cancellation or opposition thereof; and
• When rectification, cancellation or opposition has already been previously completed.
9.10. Personal Data Protection Responsible Persons must report on the reason of resolution, which is to be reported to the Owner or, as applicable, to his/her legal representative, within the terms established to such effect by the same means established in the request, accompanied, as applicable, by pertinent supporting evidence.
10. Cookies, IP-addresses and log-files
10.1. The Administration may collect and process information about the User’s computer, log files, including IP-address, type of operating system, browser and e-mail client, information about the traffic, date and time, details of visits to game services, user activity, information about accesses, settings, system notifications. This information about the actions of Users in the Internet Site, is collected and stored for the purposes of systems administration, ensuring due functioning of the Game and Game Services, for the purposes of safety and strengthening of protection and ensuring system integrity (prevention of hacker attacks, unauthorized access).
10.3. Cookies stored in a User’s computer/ any other equipment through which the User makes use of the Game and/or its Materials have amongst others but without limitation, the following functions:
a. the provision of access to secured areas which the User has requested, without these Cookies, services you have requested like secure login areas cannot be provided.
b. Visit Cookies – remembering the choices and/ or settings the User has made and to enable User recognition when making use of the Game. Without such Cookies the functionality of the Game may be impaired.
c. Voting (Survey) Cookies – marking the items of any survey for which the User has cast a vote and prevent the User from voting again in the same survey.
d. Loading Balancing Session Cookies- improving the Game’s loading time by spreading workload and timing optimization of game services. Without these Cookies the functionality of the Game may be lost.
e. User Interface customization cookies which make it possible to save the User’s interface settings in case of repeat entry to the Game and game services.
f. Cookies placed and used for synchronization with the User’s data in social networks.
g. Performance (Analytics) Cookies – collecting anonymous information on how the User makes use of the Game.
h. Advertising Cookies – presenting the User with the most relevant advertisement and help improve the effectiveness of advertising campaigns. The User hereby accepts and agrees that the Company may make use of these cookies for its own advertising campaigns.
10.4. The Administration may also allow certain third parties to put and make use of their own web performance (analytics) and advertisement cookies on the User’s equipment and to collect information from the Company’s Cookies, for the purposes of storage and analysis of information about the Users’ preferences and to improve the quality of services. In this case, such third parties are bound by this Policy. The Administration guarantees that it shall exclusively allow reputable third parties to make such use.
10.7. The Administration guarantees that the stored cookies are safe for Users and absolutely necessary for the normal functioning of the Game and game services and for providing services to Users by the Administration.
10.8. The cookies are stored for no more than one year. The terms of cookies storage by the third party shall be established by such third party.
10.9. The User may at any time refuse to accept cookies and disable cookies by changing his/her browser settings. Disabling Cookies may have a negative influence on the quality of the Game and the Online Facilities and may also result in the impossibility to access the Game and the Online Facilities, and the User hereby agrees that the Company shall have no liability for any loss and/ or damage to User information in case the User has disabled cookies.
11. Amendments to the Policy
11.1. The Company hereby reserves the right to suspend, add, end, amend and/or supplement the Policy together with the documents forming an integral part of the Policy at any time as the Company may deem appropriate, provided the prior notice as follows: the Company will post an updated version of the Policy on the Internet Site, and/or the Company will inform you of the particular changes in advance via e-mail or provide other sufficient notice as the Company may elect in its sole discretion no later than the day when such changes shall come into effect. Any changes will enter into force from the moment of making the corresponding changes and the posting of the updated version on the Internet Site. You shall be deemed to have accepted these changes (i) unless you have notified the Company of your objection to such changes within ten (10) calendar days from the moment of receiving the email notification from us, or (ii) if you use the Game or the Internet Site after the changes have entered into force.
In case you object to any changes the previous version of the Policy shall continue to apply. However, in that case the Company will have the right to close your Account and terminate the Policy Terms with fourteen (14) calendar days’ notice. Upon your request the Company will reimburse payments for Paid Services purchased, which by the time of effective termination (i) have been purchased and applied to the account and (ii) have not been redeemed in the Game already.
The Company highly recommends that from time to time the User revises the Policy in order to have knowledge of any modified version of the Policy.
The Company is under no obligation to verify whether the User uses the Game and/ or Internet Site according to the updated version of the Policy. Save for the above, the version posted on the Internet Site is the effective version, and that which the User should use as reference. It is the User’s responsibility to inform himself of the Policy, as well as being familiar with any modifications that affect the User and/or will and/or might affect the User.
12. Contacts with Administration
12.1. If you have any questions, remarks, complaints or comments regarding this Policy, please contact us at firstname.lastname@example.org or via mail at 60/2, Melita Street, Valletta VLT 1122, Malta. We will consider your questions as soon as possible.
12.2. The Administration may decline unreasonably frequent requests, which require disproportionate technical effort, jeopardize the privacy of other Users, or are extremely impractical.
12.3. If the User starts any correspondence with the Administration or submits a report about problems with the Game or game services, the Administration shall have the right to store all this correspondence.