etermax:: Privacy Policy

PRIVACY POLICY

Latest update: December 2023

Introduction
Information we collect
Etermax’s use of Information
Disclosure of Information to Third Parties
Consent
For how long do we store your Information?
International Data Transfers
User’s rights
Additional Privacy rights for California residents
Security and protection of the Information
Links to third parties' websites
Cookies
Third Party Advertising and Analytics – Interest Based Ad Disclosure
Privacy for underage users
Governing Law and Jurisdiction
Privacy Policy changes

1. Introduction

Our Privacy Policy explains how Etermax collects, uses, stores, shares and treats your Personal Information, and/or any other information belonging to or about users (jointly referred to as "Information".) By Personal Information we understand any and all information used to identify you.

If you are a Californian resident, please consider the “Personal Information” definition mentioned in section 9 “Additional Privacy rights for California residents”.

By accessing and/or using Etermax’s games, applications, website or other services within our games such as chats or in-app purchases (the “Services”) you consent to the collection, transfer, operation, storage, disclosure and other uses of your information as described in this Privacy Policy.

If you have any doubts about this Privacy Policy or how Etermax uses your Personal Information, cookies or similar technologies, please contact Etermax at help@etermax.com, or else stop using the Services altogether. If you reside in Europe, you may contact our Data Protection Officer at dpo_gdpr@etermax.com.uy.

As set out in the terms and conditions regarding the Services (“Terms of Service”), you must be at least of legal age to access and/or use the Services, or, if it is legally permissible in your state or country, you must have your parents or legal guardian’s consent and their agreement to this Privacy Policy to access and/or use the Services.

If you are located in the European Union, you must be 16 years of age or older to access and/or use the Services. If you are younger than 16 years old, you must have your legal guardian’s consent and only if your guardian agrees to this Privacy Policy in order to access and/or use the Services. For some countries, when the applicable National Law allows it, users under 16 will be able to access the Service, as long as they are at least 13 years old.

The party responsible for handling your Personal Information and providing the Services and Data Controller is:

Etermax, S.A.
Dr. Luis Bonavita 1294, office 1831
11300 - Montevideo (Uruguay)
Tax ID: 217294370010

2. Information We Collect

Etermax, in order to provide its Services, receives and deals with user Information as follows:

2.1 Information you provide when you complete the forms when accessing or using the Services or when you create an account with us, you may provide Personal Information which we shall collect. Personal Information can include your email address, name, username, address, phone number, a short biography, your personal website, your photograph, your location, and other personally identifiable information that you choose to provide us with or include in your account.

We may also collect Personal Information that you provide when you communicate with Etermax, or when you communicate with other users of the Services.

There is certain Personal Information that shall be public information within our Services, such as, any information you share publicly or your public profile data, content, followers, who you are following on our Services. Such public information is available to anyone within our Services.

2.2 Information we obtain automatically: we collect information of the user and on how the Services are used , of your interactions with us and our advertising, as well as information about the electronic device used to access or use the Services (such as, mobile phone or tablets). This information includes:

When you register using a Facebook account or you link your Etermax account with Facebook, we collect your name, email address, location and age information, as well as information about your friends and other Personal Information. This information is collected by Facebook and is provided to us under the terms of Facebook’s privacy policy. You can control the information that we receive from Facebook using the privacy settings in your Facebook account.
When you interact with us and other users, including messaging and chatting with other users, we collect every comment, communication and chat between you and other users in the Services.
Some of our Services allow users to create questions and answers to be used in our games. When you send questions and answers, we collect that information as well.
When you ask for assistance from Etermax’s customer support, the contact information you provide will be collected, as well as information about your gameplay or activity on the Service, your user ID number, and the correspondence and any information contained within.
Log Data and Gameplay Information: the Services automatically record information created by your use of the Services. This data may include information such as your IP address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, device and application IDs, search terms, and cookie information. Log data is received when you interact with the Services. This data is used to provide the Services and to measure, customize, and improve them. Etermax also collects and stores your gameplay history, including for some games, your questions and answers history.
If you share your location in your Etermax profile, we will collect that information as well. We may also determine location by using other data from your mobile device, such as precise location information from GPS, information about wireless networks or cell towers near your mobile device, or your IP address, to provide special features of our Services, to deliver ads that relate to your interests, and/or improve and customize the Services, for example, with more relevant content and suggestions for users. Our advertising partners may obtain location information as described in the section “Third Party Advertising and Analytics” later in this document. If you do not want us or our advertising partners to collect location information from your mobile device, please follow the instructions in Section "13.2" below.
Etermax may keep track of how you interact with links across the Services, including user preferences regarding email notifications, and user interaction with third-party services and client applications, through the redirecting of clicks or through other means.

2.3 Information from other sources: We also collect information about you and your use of the Services from other sources such as:

Payment service providers: when you make a purchase in the Services, Etermax may collect the billing and financial information necessary to process the charges; and/or do so on behalf of the relevant payment service providers. Purchases of third party services are subject to the policies applicable to the third parties.
Third-party services providers: Etermax uses a variety of third-party services to help its provision of the Services, such as hosting and other services. These third-party service providers may collect information sent by your browser as part of a web page request, such as cookies or your IP address, location, and devices’ unique identifiers.

For Californian residents please check Section 9 “Additional Privacy rights for California residents” for more details including the categories of information collected by Etermax.

2.4 We gather information provided by you through forms, questionnaires, surveys, feedback submissions, and your interactions with our Services, including account creation. This data may encompass preferences, usage patterns, and non-identifiable information. Our primary aims in collecting this data are to enhance our Services, tailor your experience, and, in accordance with our terms of service, share information for advertising purposes.

3. Etermax’s Use of Information

You agree that Etermax, its Service Providers and/or its Advertising Partners, on Etermax’s behalf, may use the information and categories information (according section 9 “Additional Privacy rights for California residents”) they collect for the purposes of:

providing, personalizing and improving the Services and advertising (including third party products and services) available in the Services or other places;
showing you advertising from our partners and others that might be of interest to you;
contacting you as part of customer support; to send you updates or information about the Services;
managing your account and relationship with the Service and improving your experience when you use it;
improving the Services, research, surveying, and engaging with you, for example, by sending you communications for these purposes;
marketing and promotion of the Services or products, either for direct or third parties commercial purposes;
personalizing and optimizing the Services, promotional content and/or advertising;
processing payments or preventing and detecting fraud;
creating reports, analysis or similar services for the purposes of research or business intelligence;
sharing with other users in order to provide the Services and to encourage interaction among users of the Services.

You may use your account settings to unsubscribe from some notifications from Etermax and/or from other users. You may also unsubscribe from some messages by following the instructions contained within the notification.

4. Information Communication with Third Parties

Etermax may share your Personal Information with:

Service Providers. We may establish a business relationship with other businesses that we believe trustworthy and who have confirmed that their privacy practices are consistent with ours ("Service Providers"). For example, we may contract with Service Providers to provide certain services, such as hosting and maintenance, data storage and management, and marketing and promotions and to process payments and purchases authorized by you. We only provide our Service Providers with the information necessary for them to perform these services on our behalf. Each Service Provider must agree to use reasonable security procedures and practices, appropriate to the nature of the information involved, in order to protect your Personal Information from unauthorized access, use, or disclosure. Service Providers are prohibited from using Personal Information other than as specified by us.
Third parties and general public. By using the Site or the Services you may be making certain Personal Information available to others. For example, when you create a profile, other users will be able to see your username or nickname, as well as additional information from your profile that you have chosen to make public (such as your name, or username, a short biography, your location, your personal website, your phone number, your picture, your city, country and other information that you choose to make available to others). When you submit content to us (including questions and answers) you grant us permission to use that content for any and all purposes, including publicly posting and distributing that content through the Services or outside the Services through third parties. When you enter competitions related to the Services, we may publish, share or disclose your Personal Information and other information about you in connection with the competition.
Social networks. As it is the case with other services, if you sign up to our Services using a third party, such as Facebook, your account with us will be connected automatically to your Facebook account and the username and profile picture you use on Facebook will become your username and profile picture in your Etermax account as well. We may share your username, profile picture, country, activity status and information related to your gameplay and use of the Services with said third party, and this information may be published in your timeline and your friends' newsfeed in third parties such as Facebook.
In addition, you may allow the Services to interact with third party social networks and/or platforms, such as Facebook, which may provide data about you to Etermax. These social networks and/or platforms, or any similar third-party application or website, are owned by third parties and not by Etermax. You must ensure that you read their terms of service and privacy policies. You understand that when you allow our Services to interact with any third party social network and/or platform, Etermax may share data about you with your contacts and other users of the Services, and vice versa. This information may include your name, profile picture, activity status, and information related to your gameplay and use of the Services. You may be able to change this by adjusting your settings with that third party provider.
Advertising Partners and publicists help us with promotional efforts that allow us to provide these Services for free. As described in “Section 13 regarding “Third Party Advertising and Analytics – Interest Based Ad Disclosure”, our advertising partners will be able to collect advertising identifiers and other Personal Information in order to provide you with ads based in your interests.
Other Service users. When you chat with other users (please check our Terms of Service for the use and potential precautions when using our chats), send communications, or post messages publicly or privately, those communications, comments and chats are shared with the intended recipients, who may then share the communications with others through the Services or outside the Services. You understand that, once you share communications or your profile with others, even if it is only shared with one or two other users, that information is no longer private and cannot be made private again. Etermax cannot control the actions of other users with whom you communicate or share information.
Compliance with Laws and Law Enforcement, and Protection of Our Site, Services and Others. Etermax may disclose your Personal Information to the extent reasonably necessary to comply with a law, regulation or legal request made by competent agencies. We may access, read, preserve, and disclose your Personal Information, your non-personal information, your user content, chat records or records of other communications, any content you post or upload, and any other information about you, to government or law enforcement officials or private parties, if in our sole discretion, we believe it to be necessary or appropriate in order to (i) satisfy any applicable law (including court orders and subpoenas), (ii) investigate potential violations of, or enforce, our Terms of Service (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, (v) protect the safety, property, or rights of our company, our users, or of any third party, or (vi) prevent or stop any illegal, unethical, or legally actionable activity.
Anonymized or Aggregated Information. Etermax may use and share aggregated and/or anonymized information about users with third parties. You cannot be personally identified from such information.
Other communications. We may share information (including Personal Information and other information and data about users) with businesses controlling, controlled by, or under common control with our Company. If our Company is merged, acquired, or sold, or in the event of a transfer of some or all of our assets, we may disclose or transfer Personal Information and Usage Data in connection with such transaction. You will have the opportunity to opt out of any such transfer if, in our discretion, it will result in the handling of your Personal Information in a way that differs materially from this Privacy Policy.

You acknowledge that you have no expectation of privacy for or concerning any of the above information, including your chats and communications with other users or with us, content you submit to us (including questions and answers) and content you provide in connection with competitions, information from your profile that you choose to make public, or your use of these features of the Site or Services.

If you are a California resident, please see section 9 titled " Additional Privacy for California residents" for more information.

5. Consent

The legal basis for the treatment of the personal data described in this Privacy Policy will depend on the personal data implicated and the specific context in which we collect and use it. We can treat Information on the basis of:

The need of such treatment for the execution of the contract subscribed with the user (to provide our Services).
Our legitimate interest, as long as it does not conflict with your data protection interests or with your basic rights or liberties (statistics implementation, to get a better understanding of our needs and for the improvement of the Services).
In some cases, the legal obligation to collect your personal data.

In any case, when accessing and/or using Etermax's Services, you consent to our:

Collecting, storing, using, selling, sharing and performing any other action on your Personal Information, even for advertising purposes, according to this Privacy Policy.
Transmitting your Personal Information outside of your country of residence.
Using cookies and other similar technologies.

6. For how long do we store your Information?

Etermax may keep the Information (including Personal Information) for as long as is necessary to fulfill the purposes for which it was collected or, even after you have discontinued or deleted any account, or after the end of the provision of the Services, if retention of such Information is reasonably necessary to comply with legal obligations, meet regulatory requirements, resolve disputes between users, prevent fraud, for backup, archival, and/or audit purposes, protect Etermax's rights or property, or any other use

How long do we store your information if you reside in Europe?

To determine the period of time the Information is stored, we consider the following:

For Information collected for the purpose of providing the Services, sending updates or information about them and managing your account: as long you don't ask us to close your account;
For Information collected when consenting to receive commercial communications and advertising: until the subscription is canceled or you demand that it be eliminated.
We may store some Information to comply with our legal obligations, as well as to manage our rights (for example to defend our claims in court) or for statistical or historical purposes.
Your personal data will be erased from our system and registry when we no longer need to make use of it, or it will be anonymized so that we can no longer identify it.

7. International Data Transfers

Your Personal Information may be transferred, and stored in servers located outside of your country of residence, to third party countries outside of the European Economic Area (EEA), including countries in which privacy laws are not as strict as those in your jurisdiction.

Argentina and Uruguay can be among those third party countries. Both have been declared to have an appropriate protection level by Decision 2003/490/CE of the Commission on June 30th, 2003(Argentina) and Decision 2012/484/UE of the Commission on August 21st, 2012 (Uruguay).

Personal data may also be transferred to the United States or other countries to be processed. Whenever we transfer your Information to another jurisdiction, we make sure that the international transfer of data is done in accordance with applicable law.

Irrespective of which country you reside in or supply information from, you authorize Etermax to store and/or use the Information according to this Privacy Policy in any country where Etermax may operate.

8. User Rights

8.1 User’s Rights

You can review, correct, update, or change your Personal Information by changing the relevant settings in your account.

You can opt out of receiving certain marketing e-mails by using the unsubscribe option contained within those emails. However, you cannot opt out of receiving all e-mails from us, such as e-mails about the status of your account You can also delete information from your profile and de-link your Facebook account from your profile. However, information that you have shared via the Services on any social network or third party platform may not be amended or deleted where it is in the control of a third party network and/or platform.

This Privacy Policy does not intend to limit any legal defenses or objections that you may have to a third party, including a government’s request to disclose your Information.

If you have questions or concerns regarding this Privacy Policy, please e-mail us at help@etermax.com.

8.2 Rights of Users located in Europe: As owner of the Personal Information which we collect and process, you have the following rights:

Right to be informed: right to obtain information that is clear, transparent and easy to understand about the manner in which we use your personal data and about your rights; information that we provide in this Privacy Policy.
Rights of access: you have a right to access and obtain a copy of the information we have about you, within certain legal bounds.
Right to rectification: right to have us rectify your data should it not be right or complete.
Right to erasure or ‘right to be forgotten’: right to have your personal data erased or eliminated when, among other reasons, your data is no longer necessary for the purposes for which it was collected. However, Etermax could have legal or legitimate reasons to keep it.
Right to object processing of your data under specific circumstances, such as, targeted advertising, including profiling.
Right to withdraw consent given at any moment when the treatment is based upon consent.
Right to restriction of processing: you have a right to request the restriction of the processing of your data in those cases legally established. Likewise, whoever is responsible for the processing may limit it when you have objections regarding the accuracy of your personal data, only during the time-frame which allows them to verify said accuracy, or if you request your Right to object processing, while such demand is being verified.
Right to data portability: you have a right to move, copy or transfer the data that you have provided in a structured, commonly used and machine-readable format from our database to another one. It is only possible to exercise this right for provided data, when the treatment is based on the execution of a contract or based on consent, and the processing is done through automatic means.
Right to file a claim to the corresponding Authority of Control if you consider your data is not being treated in accordance with applicable law.

8.3 Exercise of rights by European residents:

To exercise any of the user rights, European residents must submit a written request with the following information: full name, contact address where we can send notifications, copy of ID or Passport and the claim of the request. In the case of a legal guardian or other type of representation, such representation should be proven with the corresponding legal document.

Said request should be sent to Etermax's Department of Data Protection to some of the following addresses.

8.4 User´s right to erasure or ‘right to be forgotten’:

All Users that do not fall under the above 8.2 and 8.3, shall have the right to have their personal data erased or eliminated when, among other reasons, the data is no longer necessary for the purposes for which it was collected. However, Etermax could have legal or legitimate reasons to keep it. Email address for these purposes: help@etermax.com.

2.1 There is certain Personal Information that shall be public information within our Services, such as, any information you share publicly or your public profile data, content, followers, who you are following on our Services. Such public information is available to anyone within our Services.

Postal address of the designated European representative:

Etermax Germany GmbH
Grünauer Str. 201-209
12557 Berlin.

Email address for these purposes: dpo_gdpr@etermax.com.uy

8.5 Exercise of rights by Brazilian residents:As owner of the Personal Information which we collect and process, you have the following rights under Lei Geral de Protecao de Dados (“LGPD”):

The right to confirmation of the existence of the processing;
The right to access the data;
The right to correct incomplete, inaccurate or out-of-date data;
The right to anonymize, block, or delete unnecessary or excessive data or data that is not being processed in compliance with the LGPD;
The right to the portability of data to another service or product provider, by means of an express request
The right to delete personal data processed with the consent of the data subject;
The right to information about public and private entities with which the controller has shared data;
The right to information about the possibility of denying consent and the consequences of such denial; and
The right to revoke consent.

Email address for these purposes: dpo_gdpr@etermax.com.uy

8.6 Exercise of rights by Virginia residents:In the event it applies to Etermax, the Virginia Consumer Data Protection Act (VCDPA) grants residents of the state of Virginia the right to opt out of the processing of their personal data for targeted advertising purposes.
If you opt out, Etermax will not show you targeted advertisements, but you may still see advertisements in the game that are not targeted. Please contact us and we'll tell you if such law applies to us, since due to its exceptions we as a company may not be obligated to comply with your request.

9. Additional Privacy rights for California residents

The California Consumer Privacy Act (“CCPA”) provides California residents with specific rights regarding their Personal Information.

The CCPA set forth the following “Personal Information” definition: “information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household”. “Personal Information” does not include: (i) Publicly available information from government records; (ii) De-identified or aggregated consumer information; (iii) Information excluded from the CCPA’s scope This section describes the additional and specific rights regarding the Personal Information of the California residents and explains how to exercise those rights.

9.1. Personal Information collected by Etermax

In particular, Etermax has collected, “sold” and disclosed the following categories of personal information from its users within the last twelve (12) month: (i) Identifiers (such as name, email address, IP address between others); (ii) Personal Information categories informed in subdivision e) of section 1798.80 California Civil Code; (iii) Internet activity of the users; (iv) Geolocation data; and (v) Inferences about personal preferences and information of the users. Notwithstanding, the CCPA mentioned the following categories of Personal Information that Etermax has not collected, “sold” or disclosed in the last twelve (12) months: (i) Protected legal characteristics; (ii) Commercial information; (iii) Biometric information; (iv) Sensory data; (v) Professional or employment-related information; and (vi) Education information.

For more details about the personal information that Etermax have collected over the last 12 months please see section 2 - “Information we collect”.

We expressly state that we will not collect additional categories of information (mentioned in this section and the information detail on section 2 “Information we collect”) or use the personal information we collected for materially different, unrelated, or incompatible purposes than the ones mentioned in section 3 “Etermax´s use of information” without providing you previous notice.

9.2. Additional Rights and Choices

The CCPA provides California residents with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

(i) Access to Specific Information.

You have the right to request that Etermax disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your request (see section 9.3 i) “Exercising Access, and Deletion Rights”), we will disclose to you: (i) The categories of personal information we collected about you; (ii) The categories of sources for the personal information we collected about you; (iii) Our business or commercial purpose for collecting or selling that personal information; (iv) The categories of third parties with whom we share that personal information; (v) The specific pieces of personal information we collected about you; and (vi) If we “sold” or disclosed your personal information for a business purpose, two separate lists disclosing: (a) sales, identifying the personal information categories that each category of recipient purchased; and (b) disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

(ii) Deletion Request Rights

You have the right to request that Etermax delete any of your personal information that we collected from you and retained, subject to certain exceptions mentioned in CCPA. Once we receive and confirm your request (see section 9.3 i) “Exercising Access and Deletion Rights”), we will delete your personal information from our records, unless an exception applies.

(iii) Right to Opt-Out– “Do not sell my personal information”.

The CCPA provides California residents the right to opt out of the sale of your personal information by Etermax.

Etermax does not "sell" Personal Information about our users as most people would typically understand that term, but only “sells” in the broad definition of the term as specifically defined by the CCPA. However, we do allow certain advertising partners to collect information about users through our games and our website for some of the purposes mentioned in section 3 of this Privacy Policy.

If you are a California resident, you have the right to direct us to not “sell” your personal information at any time (the “Right to Opt-Out”). To exercise the Right to Opt-Out, you (or your authorized representative) may submit a request to us by:

Clicking “Do not sell my personal information” in the Help or Get Support section in our Apps and follow the steps that will be indicated.
Clicking “Do not sell my personal information” at https://triviacrack.help.etermax.com/hc/en-us and follow the steps that will be indicated.
or Email us at: help@etermax.com

You do not need to create an account with us to exercise your opt-out rights. Also, we will only use personal information provided in an opt-out request to review and comply with that request.

There are other ways in which you can control the personal information that we “sell” about you. For instance, you could limit ad tracking altogether using the settings in your phone (see 13.3). Also, you could limit or prevent the use of cookies in your web browsers.

(iv) Right to Opt-In

We do not sell the personal information of Californian users that we actually know are less than 16 years of age, unless we receive affirmative authorization (the “Right to Opt-In”) from either the Californian user who is between 13 and 16 years of age, or the part or guardian of a Californian user less than 13 years of age. Users who exercise the Right to Opt-In to personal information sales by Etermax may exercise later and at any time the Right to Opt-Out.

9.3. Exercise of rights by Californian residents:

i) Exercising Access and Deletion Rights.

To exercise the access and deletion rights described above, please submit a request to us by either:

Filling a form by clicking “Submit a request” in the Help or Get Support section in our Apps
Filling a form by clicking “Submit a request” at https://triviacrack.help.etermax.com/hc/en-us
or Email us at: help@etermax.com

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a request related to your personal information (hereinafter “Verifiable Request”). For avoidance of any doubts, a request will be considered as a Verifiable Request when Etermax may be able to check the identity of the requestor.

You may only make a Verifiable Request for access twice within a 12-month period. The user request must:

Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative. Etermax may request the necessary information to check your identity according to the applicable laws.
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Making a verifiable consumer request does not require you to create an account with us.

We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

There are other ways in which you can control the personal information that we collect about you. For instance, you could disconnect your Facebook account from our games, or delete our apps from your mobile device. You could also reset your mobile advertising identifier or limit ad tracking altogether using the settings in your phone (see 13.3). Finally, you could limit or prevent the use of cookies in your web browsers.

ii) Response Timing and Format for Californian residents

Etermax endeavors to respond to a Verifiable Request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period.

Any disclosures we provide will only cover the 12-month period preceding the Verifiable Request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable.

We do not charge a fee to process or respond to your Verifiable Request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

9.4. Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not: (i) deny you services; (ii) charge you different prices or rates for services, including through granting discounts or other benefits, or imposing penalties; (iii) Provide you a different level or quality of services; (iv) suggest that you may receive a different price or rate for services or a different level or quality of services.

Notwithstanding the above, Etermax may charge a user a different price or rate, or provide a different level or quality of goods or services to the consumer, or offer rewards and incentives, if that difference is reasonably related to the value provided to the user by the user’s data.

10. Security and Protection of Information

Etermax takes appropriate technical and organizational measures to protect information against all unauthorized alteration, loss, destruction, treatment, or access, as well as any other form of illegal treatment of Personal Information.

However, no data storage or transmission over the Internet or other network can be guaranteed to be 100% secure. Accordingly, Etermax does not guarantee that the Information will not be accessed, disclosed, altered or destroyed by breach of any of the aforementioned safeguards.

11. Links to Third Parties' Websites

In the Services you may find links to third party websites. You understand that when you click on these links any data which you provide afterwards is subject to that third party's privacy policy and not to Etermax’s. Consequently, Etermax takes no responsibility for the content, safety or security of any third-party website and recommends these third parties’ policies to be consulted before sending personal data to third party websites.

In particular, we can offer you the opportunity to register to our Services by using the login in social media. If you do it, you understand that you are sharing the information in your social profile with ETERMAX and that the shared personal data depends on the configuration of your social media outlets. Refer to the privacy policies of the social media in question to learn how they treat your personal information.

12. Cookies

By accepting the present Privacy Policy, by accessing and/or using the Services, you accept the use of cookies and other similar technologies by Etermax, as well as by third parties such as Facebook or our advertising partners. These third parties can place and read cookies and other similar technologies, such as device identifiers, web beacons and tracking pixels, which collect the information whenever you make use of the Services.

These technologies are used to provide the Services to the users, offer advertising that is of interest to them, and improve the Services, making it easier to use our applications, games and our web platform.

What are cookies?

Cookies and these other technologies are small files or devices that are downloaded into the computer or device, for instance, a mobile device, that you use to access and/or use certain websites or online services. Cookies are used to store and retrieve data on your surfing habits, your device, your connection time, to analyze the operation of the website, etc., in order to provide certain services, offer advertising or implement improvements or new services.

What kinds of cookies do we use?

Etermax and other third parties use the following cookies:

Technical cookies: they allow users to surf through a website, platform, or application and use the different options or services therein, such as controlling the exchange and communication of data, identifying the session, accessing restricted access sites, using security elements while navigating, storing content to broadcast video or audio, or sharing content through social networks.
Etermax may use this type of cookies to recognize your device, for example by identifying your IP address, and to collect data such as your device’s model, operating system and screen size, other applications installed on your device, time and date, subject of advertisements you clicked or scrolled over, and other information about how you use the Services.
Customization cookies: they allow you to access the service with some predefined general characteristics based on a series of criteria in your terminal such as language, the browser you use to access the service, the regional settings from which you access the service, etc.
Etermax may use this type of cookies to store access information so that you don’t have to repeatedly log in; to allow the Services to interact with a third party social network or platform where you have chosen to allow such interaction; to allow payment processes when you submit payment instructions; to enable Etermax and third parties to provide you with more customized services; and to collect other information about use of our Services.
Analysis cookies: they allow to monitor and analyze user behavior on the websites and/or services to which these cookies are associated. The information gathered using these cookies is used to measure the activity on the websites, applications, or platforms, as well as to develop navigation profiles for the users of certain websites, applications, or platforms, with the purpose of making improvements based on the analysis of the usage data of the users of the service.
Advertising cookies: they allow management of advertising included by third parties, such as Facebook and our advertising partners, in a web platform or our Services. These cookies are used to limit the frequency and organize how users receive these ads.
Behavioral advertising cookies: they allow management of advertising included in a website, application, or platform. These cookies store information on user behavior that is obtained through continuous observation of their surfing habits, which allows profiling to display advertising that might be of interest to the user.

Third parties such as Facebook and our advertising partners may use cookies in and outside of the Services for the aforementioned purposes, which include the collection of your information regarding online activity in the different sites, and the use of that information to provide ads in our Services or in other sites about products and services that may be of interest to you.

In particular, Etermax uses the following third party cookies to collect information with statistical purposes about your use of the web platform and to include advertising in our Services:

Google Analytics de Google, Inc., is a company whose headquartered in 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States, which is used to provide statistics and analysis about the number of visits, their duration, your socio-demographic data (language, location, Internet supplier...), etc.
Facebook, Inc. is a company headquartered in 1601 Willow Road, Menlo Park, California, United States. When our users use our Services through Facebook's web platform, Facebook may use cookies for different purposes. You can find Facebook's cookies policy in the following link: https://www.facebook.com/policies/cookies/

You may allow, block or disable the cookies installed in your device in your browser settings on your computer or mobile device. Internet browsing settings are usually preset to accept cookies by default, but they can be easily deactivated by changing the browser's settings.

Cookies are used to improve the Sites and apps' usability and functionality, therefore, if you wish to deactivate said cookies, some of the Services' features may not work correctly. Alternatively, if you do not wish such data collection as described in this section, you must stop using the Services.

Here are some useful links with instructions on how to delete, enable and manage cookies depending on the browser you use:

13. Third Party Advertising and Analytics – Interest Based Ad Disclosure-California Residents Right to Opt-Out

13.1 Advertising Partners and Interest Based Advertising: We allow advertising on our free Services so we can continue to offer those Services for free. Our advertising partners may collect advertising identifiers (such as the Apple Identifier for Advertising (IDFA) or the Google Advertising ID (AAID)) to enable and optimize their advertising, to deliver tailor ads related to your interests (“ Interest-Based Advertising ” or “ IBA ”), and to improve and measure the effectiveness of ad campaigns. These identifiers are non-permanent, non-personal, device identifiers. As explained in Section 12 above regarding the use of "Cookies", advertisers and third parties may also place and collect cookies and other anonymous identifiers. Third parties, such as Facebook and our advertising partners, may collect information about your online activities over time and across different web sites and may use that information to provide advertisements on other websites about goods and services likely to be of interest to you.

Our Systems do not recognize browser “Do Not Track” signals, but several of the third-party companies described above enable you to opt out of targeted advertising or, otherwise, you may opt out of having certain Personal Information collected in accordance with the provisions in section 13.2.

13.2 Etermax complies with the Digital Advertising Alliance’s suite of Self-Regulatory Principles (DAA Principles). You can opt-out from receiving targeted ads/Interest-Based Advertising by Etermax or served on its behalf: To learn more about these advertising practices or to opt out of this type of advertising you can visit Network Advertising Initiative or WebChoices or Your Online Choices.

In addition, in Android operating systems, you may opt out of IBA. To do this, open the “Google Settings app” from your app drawer, tap on “Ads”, and select “Opt-out of Interest-based ads” (https://developer.android.com/google/play-services/id.html)

Please note that this will block your phone from receiving tailored ad recommendations across your device.

In iOS operating systems, you may opt out of IBA by clicking on “Settings”, select “Privacy”, then “Advertising” and toggle “Limit Ad Tracking” to “ON” (https://support.apple.com/en-us/HT202074)

The following is part of the list of our Advertising Partners and their Privacy Policies:

Google: https://policies.google.com/privacy
Facebook: https://www.facebook.com/about/privacy

Contact help@etermax.com if you wish to receive a complete and updated list of our Advertising Partners.

13.3 Californian residents – Exercise of the Right to Opt-Out.

If you are a Californian resident that exercised the Right to Opt-Out according to section 9.2 (iii), please follow the steps indicated below to complete the process:

(i) Californian residents with Android operating systems: In Android operating systems, you may opt out by opening the “Google Settings app” from your app drawer, tap on “Ads”, and select “Opt-out of Interest-based ads” (//developer.android.com/google/play-services/id.html).

(ii) Californian residents with IOS operating systems: In IOS operating systems, you may opt out by clicking on “Settings”, select “Privacy”, then “Advertising” and toggle “Limit Ad Tracking” to “ON” (https://support.apple.com/en-us/HT202074)

Please note that after the exercise of the Right to Opt-Out you will block your phone from receiving tailored ad recommendations across your device.

13.4 Advertising Partners may collect precise and approximate Location Information:

As explained in Section 2.2, we may collect precise or approximate location information. In addition, we allow advertising on our free Services so we can continue to offer those Services for free. When you activated our game or Services, you gave your consent that our advertising partners may collect precise or approximate location information from your mobile device and may use this information in order to provide you location and interest-based advertising. Your mobile device may allow you to opt out of the collection of Precise Location Data by us and by our advertising partners, as further described below.

iOS – In order to disable the collection of Precise Location Data on iOS, you may turn Location Services off for the applicable Etermax game via the menu "Settings" > "Privacy" > "Location Services". Then select the applicable Etermax game and set the "Share My Location" status to "Never". Please see additional information from Apple here: https://support.apple.com/en-us/HT203033.

Android (6.0 / Marshmallow and higher) - In order to disable the collection of Precise Location Data on Android, you may turn Location off for the applicable Etermax game via the menu "Settings" > "Apps" > [applicable Etermax game] > "Permissions" > "Location". Then turn off the "Location" button.

14. Privacy for underage users

Our Services are intended for a general audience and are not directed to children.

14.1 COPPA. Etermax does not intend to collect personal information of any children under 13 (“Children’s Personal Information”) in a manner that is not permitted by the U.S. Children’s Privacy Protection Act (“COPPA”). For some Services, we provide a version of the Service that does not collect Children’s Personal Information except as permitted by COPPA. If you believe we have collected or are using a Child’s Personal Information, or that your child under 13 years of age has misidentified his or her age, please contact us at help@etermax.com and we will discontinue that account and remove associated Children’s Personal Information to the extent required by COPPA.

14.2 European Personal Data Protection Law. For some Services, we provide a non-collecting version of the Service, that is, one that does not collect Personal Information from minors. If you believe we have collected or are using a minor's Personal Information, or that your child under 16 years of age, or, if applicable, 13 years of age, has misidentified his or her age, please contact us at help@etermax.com and we will discontinue that account, and remove the associated minor's Personal Information.

15. Governing Law and Jurisdiction

15.1 Residents of the United States. For residents of the United States, this Privacy Policy will be governed by and construed in accordance with United States federal law and the laws of the State of New York, without giving effect to any conflict of laws, rules or provisions. THIS POLICY IS A PART OF OUR TERMS OF SERVICE AND AS SUCH, ANY DISPUTES ARISING OUT OF OR RELATING TO THIS POLICY OR YOUR USE OF THE SITE OR SERVICES ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 15 OF OUR TERMS OF SERVICE.

Should any court of arbitration or any other competent authority find any of the provisions in this Privacy Policy to be void or unenforceable, it shall not affect the rest of the terms in this Privacy Policy.

15.2 Users located in Europe – BINDING ARBITRATION: These provisions apply to Users who access, download and use our Services in any Member State of the European Union, and to the extent that his or her jurisdiction allows it. THIS POLICY IS A PART OF OUR TERMS OF SERVICE AND AS SUCH, ANY DISPUTES ARISING OUT OF OR RELATING TO THIS POLICY OR YOUR USE OF THE SITE OR SERVICES ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 16 OF OUR OUR TERMS OF SERVICE.

15.3 Residents of Other Countries This Privacy Policy shall be governed by and construed in accordance with the laws of Uruguay. All claims, legal proceedings or litigation arising out of or relating to this Policy, the Site or Services except as stated in Section 16 from our TERM OF SERVICE, will be brought solely in the relevant courts located in the city of Montevideo – Uruguay. You consent to the jurisdiction of and venue in such courts and waive any objection as to the inconvenience of the forum.

Should any court or other competent authority find any of the provisions in this Privacy Policy to be void or unenforceable, it shall not affect the rest of the terms in this Privacy Policy.

16. Privacy Policy Changes

The latest version of the policy will govern the use of the Information and will be https://etermax.com/en/privacy

Etermax may, occasionally and at its discretion, revise and amend this Privacy Policy from time to time. If we decide to change this Privacy Policy, we will inform you by posting the newly revised Privacy Policy on the Site. Etermax may also, but is not required to, notify you of changes to the Privacy Policy via email to the email address associated with your account or by displaying a message in any of the Services.

If you object to any changes to the Privacy Policy, you should immediately stop using the Services and close any related accounts. By continuing to access or use the Services after changes become effective, you agree to be bound by the newly revised Privacy Policy.

Notwithstanding the above mentioned, Etermax will revise and update this Privacy Policy unless one time per year.

Brand Gamification™ Privacy Policy

Latest update: December 2023

Terms of Service

This Etermax Brand Gamification™ Privacy Policy (hereinafter the "Policy") sets forth the terms under which the information provided by Users is used and protected when entering and using the Etermax Brand Gamification™ (hereinafter “Etermax Brand Gamification™”) website (hereinafter the "Site").

Etermax Brand Gamification™ recognizes the importance of protecting personal information and is committed to processing it responsibly and in compliance with applicable protection laws.

For the purposes of this Policy, a user or users (hereinafter "User" or "Users") shall be anyone who freely accesses the information available on the Site, registers and/or makes use of the Site and its related services.

Information collected by Etermax Brand Gamification™

In order to provide the correct use of its Site, Etermax Brand Gamification receives and processes information from Users who visit it, such as:

Traffic data that includes the IP address of a User, the domain server, the type of computer or mobile device and the type of web browser.
User movements in the Site.
Some sections of the Site may require you to register and provide name and contact information (e.g.: Customer Area or Contact Form). In these areas, personal information such as name, contact information, email address, telephone number, as well as company information, such as number of employees, country or website, is collected.
Specific information to process an order, for customer service purposes, to make a delivery or for billing purposes.

The information collected by Etermax Brand Gamification™ is confidential, and access is restricted to authorized officials for the proper use of that data.

Consent

It is understood that the User, by accessing the Site, expressly accepts this Policy and therefore that the use that Etermax Brand Gamification makes of any personal information provided or submitted to this Site is governed by this Policy.

This Policy may be amended in whole or in part, in any of its terms, at any time. Consequently, it is recommended that it be consulted periodically. Such modifications will always be available on the Site, being at the entire disposal of the public for consultation. If the User continues to use the Site after a modification to the present Terms and Conditions has been published, they shall be deemed to have accepted and given their express consent to the changes that have been made.

If you do not agree to the terms of this Policy, please do not use this Site or disclose your personal information.

Use of the information collected

The information will be used for the purpose of customizing and improving the services provided, as well as the Site. In this way, Etermax Brand Gamification™ shall be able to:

Keep a record of Users and inquiries.
Use the information collected in order to send advertising (e.g.: new products, newsletters, etc.) to Users, who may cancel it at any time
Contact Users as part of the support and to send updates or information about the services, as well as to process payments or prevent and detect fraud or misuse of the services provided.
Allow its suppliers or business partners, who have accepted its strict privacy policies, to use it.
Use and share with third parties or their subsidiaries or affiliates, User information that has been anonymized or that is used as aggregated and create with it reports, web platforms, information bases, analysis or services for research, business intelligence or customer services purposes.

Who does Etermax Brand Gamification™ share information with?

In order to provide a better service, Etermax Brand Gamification™ may share User information with selected associates, suppliers, customers or business partners.

Etermax Brand Gamification™ may disclose the User's personal information to the extent that it is reasonably necessary to comply with any law, regulation or legal request by the competent bodies, to government and public order officials or private bodies, if at their request, at our sole discretion, deems it necessary or appropriate in order to (i) comply with any applicable law (including court orders and subpoenas), (ii) investigate potential violations of the Policy, (iii) detect, prevent, or address fraud, security, or technical problems, (iv) protect its security, property, or rights, its Users, or any third party, or (vi) prevent or stop any illegal, unethical or legally punishable activity.

Cookies

"Cookies" are small files or amounts of information that are stored in the browser, on the hard drive of the computer, when you visit a website. The use of "cookies" is conventional in the industry, and they can be found in many websites.

The Site uses cookies that may be its own or those of third parties, in order to:

Identify which pages are visited by Users and how often.
Analyze and track user behavior on the Site, on websites and/or on services to which they are linked.
Confirm the identity of its clients or Users, personalize access and monitor and / or facilitate the use of the Site, in order to improve its navigation and functionality. (as explained below)
Browse through the Site and use the different options or services that exist in it, such as, for example, controlling traffic and data communication, identifying the session, accessing parts of restricted access, using security elements during navigation, storing content for broadcasting videos or sound or sharing content through social networks.

This information is subsequently used only for statistical analysis and may be shared with third parties or on third-party platforms that collect information for statistical purposes.

Although the User may delete cookies at any time, they must bear in mind that they help to provide a better service on websites and that most browsers automatically accept them because they serve to provide a better web service. Cookies do not give access to User information unless the information is provided directly.

The User may also change the corresponding settings to decline cookies. In such a case, there is a possibility that you may not be able to use some services, as many cookies are used to improve the usability or functionality of the Site.

Etermax Brand Gamification™ urges Users not to use its Site if they do not agree to the use of cookies.

Third Party Links

Etermax Brand Gamification™ may include links to other websites that may be of interest to Users, websites necessary for the specific installation of a software or update, websites to social networks or partners authorized to use the Etermax Brand Gamification brand or their logos. The User must always know which Internet page they are browsing and must verify the respective site and its privacy policy, which may be different from that of Etermax Brand Gamification™. Consequently, Etermax Brand Gamification assumes no responsibility for the content, protection or security of any third party website.

Etermax Brand Gamification™ does not represent or guarantee or hold responsibility for the privacy policy or the content of any third party site that links to the Site.

Information Processing

Etermax Brand Gamification™ processes User information when there is a legal basis to do so. Etermax Brand Gamification™ does not represent or guarantee that the information provided is up to date, nor does it guarantee its completeness, accuracy and integrity.

Etermax Brand Gamification™ cannot assume any responsibility derived from the incorrect, inappropriate or illegal use of the information it receives from third parties.

In no event shall Etermax Brand Gamification™ be liable for any loss or damage, whether direct, indirect, consequential, loss of profit, moral or otherwise, arising from the use of the Site by Users or the information Etermax Brand Gamification™ uses from them, including cookies.

User Rights

In all cases, Etermax Brand Gamification™ will allow and facilitate the exercise of the User's right (prior to proving their identity), of access, rectification and cancellation of the information.

The right of access will be free of charge at intervals of no less than six months, unless a legitimate interest is established for that purpose in accordance with Article 14, subsection 3, of Law No. 25,326.

The NATIONAL DIRECTORATE FOR THE PROTECTION OF PERSONAL DATA, Control Body of Law No. 25,326, has the power to deal with complaints and claims that are filed in relation to non-compliance with the regulations on the protection of personal data.

Applicable Law and Jurisdiction

This Policy and any relationship with the Users, clients or suppliers of Etermax Brand Gamification™ from Argentina will be governed by the laws in force in the Argentine Republic, being subject to the jurisdiction of the National and Ordinary Courts of the Autonomous City of Buenos Aires.

This Policy and any relationship with Etermax Brand Gamification Users, clients or suppliers from outside Argentina will be governed by the laws in force in the Eastern Republic of Uruguay, being subject to the jurisdiction of the Montevideo Courts.