- Information we collect
- Etermax’s use of Information
- Disclosure of Information to Third Parties
- For how Long do we store your Information?
- International Data Transfers
- User’s rights
- Security and protection of the Information
- Links to third parties' websites
- Third Party Advertising and Analytics – Interest Based Ad Disclosure
- Privacy for underage users
- Governing Law and Jurisdiction
Latest update: May 2018
The party responsible for handling your Personal Information and providing the Services is:
- Etermax, S.A.
- Dr. Luis Bonavita 1294, office 1901
- 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 create an account with us, we collect Personal Information you provide. 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.
2.2 Information we obtain automatically: we collect information about the use you make of the Services, 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 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 "12.3" 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.
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 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 whom 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, we may publish, share or disclose your Personal Information and other information about you in connection with the competition.
- Social networks. As 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 12 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, 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.
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 8.3 titled "Your California Privacy Rights" for more information.
- 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.
- En algunos casos, obligación legal de recopilar tus datos personales.
In any case, when accessing and/or using Etermax's Services, you consent to our:
- Transmitting your Personal Information outside of your country of residence.
- Using of 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:
- 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;
- 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) y 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.
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.
8.2 Rights of Users located in Europe: As owner of the Personal Information which we collect and process, you have the following rights:
- 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 processingof 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.
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.
Postal address of the designated European representative:
- Etermax Germany GmbH
- Blücherstraße 22
- 10961 – Berlin (Germany)
Email address for these purposes: email@example.com
8.3 Privacy rights of users in California
California residents are entitled once a year to request and obtain certain information regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes during the immediately prior calendar year (e.g. requests made in 2018 will receive information about 2017 sharing activities).
We comply with this law by offering our California users the possibility to request that we not share your personally identifiable information with third parties for their direct marketing purposes. To make such a request, please send an e-mail to firstname.lastname@example.org. You must include “California Privacy Rights” as the subject line, along with your full name, e-mail address, and postal code in your message.
California users under the age of 18 may request the removal of their content or information publically posted on the Services by e-mailing us at email@example.com. Please note that most of the user content that appears on our Services is stored and controlled by third party providers or by other users; thus, complete and comprehensive removal of the content may not be possible.
9. 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.
10. Links to Third Parties' 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.
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 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.
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.
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:
12. Third Party Advertising and Analytics – Interest Based Ad Disclosure
12.1 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 11 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 12.3.
12.2 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” (http://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:
Contact firstname.lastname@example.org if you wish to receive a complete and updated list of our Advertising Partners.
12.3 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.
13. Privacy for underage users
Our Services are intended for a general audience and are not directed to children.
13.1 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 email@example.com and we will discontinue that account and remove associated Children’s Personal Information to the extent required by COPPA.
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 firstname.lastname@example.org and we will discontinue that account, and remove the associated minor's Personal Information.
14. Governing Law and Jurisdiction
14.2 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 [LINK] 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 TERMS OF SERVICE.
The latest version of the policy will govern the use of the Information and will be http://etermax.com/en/privacy
©2018 Etermax. All rights reserved.