Privacy
Policy
Effective
Date: December 1st, 2024
IMPORTANT:
PLEASE READ—BY ACESSING, USING, DOWNLOADING OR INSTALLING 5X SERVICES AND/OR
SOFTWARE YOU ARE AGREEING TO THE TERMS OF THIS PRIVACY POLICY!!
IF
YOU DON’T AGREE TO THIS EULA OR DO NOT POSSESS LEGAL CAPACITY TO CONTRACT IN
YOUR COUNTRY—DO NOT USE, ACESS, DOWNLOAD OR INSTALL 5X SERVICES AND/OR
SOFTWARE!!
All
references to “you” or “your”, as applicable, mean the person who accesses or
uses the Service in any manner, and each of your heirs, assigns, and
successors.
In
this Privacy Policy, “5X”, “we”, “us”, or “our” means 5X Entertainment Company
Limited.
Your
privacy is important to 5X. We designed our Privacy Policy to cover how we
collect and use your information in connection with the use, access, download
or install of our mobile game software, automatic updates, add-ons,
supplements, internet-based services, and media dedicated to that software
(collectively, the “Services”). By using our Services, you agree and give
permission to our collection and use of your information, including your
personal data and information, as described in this Privacy Policy. This
Privacy Policy should be read together with our End-User License Agreement
(“EULA”).
So
please take a moment to learn the five W's, the How,
and other important matters about the information we collect and how we use it.
Contents
Please
note that the short summaries set forth in the headers below are for
clarification purposes only, and are detailed in the
subsequent sections of this Privacy Policy.
Both
non-personal information and personal data and information may be collected and
used by us.
The
types of data we collect from you and which data is used for what purpose.
The
primary objective for our collection and use is to deliver and improve our
Services.
When
you provide information to us, use the Services, or register or connect with a
third-party account system (“Account System”) in connection with access or use
of our Services.
By
providing information to us directly, using the Services, or registering or
connecting with an Account System in connection with access or use of our
Services.
We
may also use cookies and other electronic means to collect your personal data
and information, but options are available to remove/disable certain cookies by
the settings on your browser.
Services-related
promotions may also be used by us; if you opt in, or as permitted by law, these
services may include the sending of commercial electronic messages.
We
may share your information with persons who help us provide the Services, but
only as necessary, and only to persons who are bound contractually to keep the
information confidential, use it only to assist us in providing the Services,
and protect using appropriate security safeguards.
Except
only in special circumstances, we never transfer your personal data and
information to advertisers or marketers for their own use without your separate
consent.
We
do not knowingly collect personal data and information from legal minors of
your country.
In
line with this Privacy Policy, your information may be processed in Hong Kong
and other countries, as necessary, where it may be subject to laws different
than your home country.
We
may change, review, alter or modify this Privacy Policy, at any time for any
reason, without notice or liability to you and in its sole discretion, so
please check for any updates on our website.
Under
current applicable laws and regulations, you can exercise the
certain rights associated with your personal data and information.
Measures
are taken to safeguard information received from you, and we keep your personal
data and information only during the period that we provide Service,
required by law, international treaty or than is
necessary for legal or legitimate business purposes.
The What and the Why
In the course of using our Services,
you may provide us, directly and indirectly, with both personal and
non-personal information. personal data and information includes
any factual or subjective information that can be used, on its own or in
combination with other information, to identify you as an individual, and might
include your email address, information from your Device, IP address etc.
Non-personal information is information that does not permit direct association
with you, including personal data and information which has been aggregated
with other users’ information such that it can no longer be attributed to any
individual. Certain non-personal information would be considered a part of your
personal data and information if it were combined with other identifiers (e.g.,
combining your zip or postal code with your street address) in a way that
enables you to be identified. But the same pieces of information are considered
non-personal information if they are taken alone or combined only with other non-personal
information (e.g., your viewing preferences), provided the information cannot
otherwise be linked or attributed back to you as an identifiable individual.
Some
data is necessary for enabling us to provide the registration to and usage of
our Services. This includes the data below.
|
Type |
Categories of personal data and information |
Purpose of use |
|
Information you voluntarily choose to provide |
Data to create your account (such as email address,
country, region, language and username) |
To clarify, if you select “Ask App Not to Track” on
our Services, we will not collect related data or information such as IDFA
from you and do not track. To help us develop, deliver, and improve our
Services, including the following aspects of our Services: ・messaging and other communication to and with users ・transactions for and use of virtual currency and virtual items ・providing end-user support. ・authentication purposes ・for purposes of tracking achievements on game platforms ・communication and user-interactive features ・creating, updating, accessing, and maintaining of lists of friends
or contacts ・to send important notices, such as changes to our EULA, this
Privacy Policy, or other Services-specific policies. Because this information
is important to your interactions with us, you may not opt out of receiving
these communications. |
|
Your messages to the game |
||
|
Information collected automatically when you use our
Services |
Usage information (such as game user ID, game data,
game play related activities information (including payment amount) and crash
log data) |
|
|
Online identifiers (such as IP address) |
||
|
Log information (such as site access history) |
||
|
Cookie identifier |
||
|
Hardware information (such as application version,
operating system, mobile carrier, device name, network type, device and
advertiser identifiers (such as Android ID,IDFA, AAID, Mac address, serial
number，imsi，imei) personal settings (such as
language settings) |
||
|
Information you voluntarily choose to provide |
Data to create your account (such as email address,
country, region, language and username) |
To clarify, if you select “Ask App Not to Track” on
our Services, we will not collect related data or information such as IDFA
from you and do not track. To prevent and take measures against fraud, illegal
activities, infringement of our rights or interests, or breaches of our EULA
and this Privacy Policy. |
|
Your messages to the game |
||
|
Information collected automatically when you use our
Services |
Usage information (such as game user ID, game data,
game play related activities information (including payment amount) and crash
log data) |
|
|
Online identifiers (such as IP address) |
||
|
Log information (such as site access history) |
||
|
Cookie identifier |
||
|
Hardware information (such as application version,
operating system, mobile carrier, device name, network type, device and
advertiser identifiers (such as Android ID ,IDFA, AAID,Mac
address, serial number，imsi，imei) personal
settings (such as language settings) |
||
|
Information you voluntarily choose to provide |
Data to create your account (such email address,
country, region, language and username) |
To clarify, if you select “Ask App Not to Track” on
our Services, we will not collect related data or information such as IDFA
from you and do not track. To audit and analyze data for technical
administration, to improve our Services, and for end-user communications. |
|
Your messages to the game |
||
|
Information collected automatically when you use our
Services |
Usage information (such as game user ID, game data,
game play related activities information (including payment amount) and crash
log data) |
|
|
Online identifiers (such as IP address) |
||
|
Log information (such as site access history and
information about how you interact with the game) |
||
|
Cookie identifier |
||
|
Hardware information (such as application version,
operating system, mobile carrier, device name, network type, device and
advertiser identifiers (such as Android ID ,IDFA, AAID,Mac
address, serial number，imsi，imei) personal
settings (such as language settings) |
In
addition to the above data, we would also like to use the below
data for general advertisement purposes and to
inform you of our future offers and similar products.
|
Type |
Categories of personal data and information |
Purpose of use |
|
Information you voluntarily choose to provide |
Data to create your account (such as email address,
country, region, and language) |
To clarify, if you select “Ask App Not to Track” on
our Services, we will not collect related data or information such as IDFA
from you and do not track. ・The delivery and targeting of advertising in the Services ・for market research purposes such as send you a survey that
support our efforts to deliver a more valuable service to our community of
users, if we collect your personal data and information which is not listed
in this Privacy Policy by a survey, we will collect and use such
personal data and information in accordance with applicable laws |
|
Information collected automatically when you use our
Services |
Usage information (such as game user ID, game data
and game play related activities information (including payment amount)) |
|
|
Online identifiers (such as IP address) |
||
|
Log information (such as information about how you
interact with the game) |
||
|
Hardware information (such as application version,
operating system, network type, device and advertiser identifiers (such as
Android ID ,IDFA, AAID,Mac address, serial number，imsi，imei) personal settings (such as
language settings) |
||
|
Information you voluntarily choose to provide |
Data to create your account (such as mail address,
country, region, language) |
For market research purposes that support our efforts
to deliver a more valuable service to our community of users, including using
your information to contact you with announcements, newsletters, and
promotional materials related to our Services or to offer you opportunities
to participate in surveys, contests, or sweepstakes (collectively
“Promotions”) via our Services. |
|
Information collected automatically when you use our
Services |
Usage information (such as game user ID, game data
and game play related activities information (including payment amount)) |
|
|
Online identifiers (such as IP address) |
||
|
Log information (such as information about how you
interact with game) |
The When
Your
information is collected by us when you directly interact with our Services, including
by filling out your user profile in our application, and otherwise
through access or use of our Services via the device you use to access or use
our Services (“Device”).
Third
Party Account Systems
Your
information may also be made available to us when you register with any Account
System for access or use of our Services and/or permit any Account System to
share any of your information with us in connection with your access or use of
our Services, including account ID, country, region, language and username, and
when any changes are made to that information. By accepting an
Account System’s applicable terms, you agree for the
Account System to make such information available to us on those terms. When
you use our Services, we collect information related to your Device as
described in “The How” section below.
Promotion
services
If
you choose to participate in a Promotion, we may request that you provide us
with personal data and information such as your email address or postal address
in order to administer your participation in the
Promotion.
Duration
of Storage
We
will not keep your personal data and information any longer than the period
that we provide Service, required by law, international treaty
or than is necessary for legal or legitimate business
purposes.
The
How
As
already mentioned, we may collect information from you when you directly
interact with our Services and otherwise indirectly through your access to or
access or use of our Services. You may have certain options to control the use
of these technologies – see “Other Important Matters”.
Direct
interaction
Direct
interaction may include such actions as creating a username, creating a
friends' list or similar. It may also include the sending of invites to become
“friends” for the purpose of entering a battle together. We may but are not required, to collect and store the information referred to
in this paragraph.
Information
from Third Parties
We
may also collect your information from third parties who provide it to us,
including other users of our Services and, as noted
above, any Account System you engage with related to our Services.
Cookies
As
is standard practice, we do use “cookies” in connection with the Services and
our website. A cookie is a small string of text placed on your Device. In
addition to strictly necessary cookies that enable us to provide our Services
(such as those that provide your Account System log-in status when that account
ID is linked to functionality on the Services), we may use both
performance-gauging and functionality-gauging cookies. Performance-gauging
cookies reveal how you use the Services, for instance, which content is the
most popular, how much time users are spending there, and what advertising is
relevant to you, which helps us provide an optimized experience (we may engage
third parties to carry out this analysis, and they may set their own “third
party” cookies--see “The Who” for more). Functionality-gauging cookies enables us to remember certain choices you make in
interacting with the Services, for instance, any geographic location, language,
or fonts you choose, which helps us tailor the Services to your preferences.
Neither performance-gauging cookies nor functionality-gauging cookies collect
information in any way that personally identifies you.
Except
for cookies strictly necessary to enable us to provide our Services and our
website, you have the option to disable cookies stored on your browser by
changing the options in your browser to stop accepting cookies or to prompt you
before accepting a cookie from the content you visit. If you do not accept
cookies, you may not be able to view or use parts of our Services due to
limited functionality. Some cookies we use may be stored using a web-browsing
component other than a browser application--these cannot be disabled on your
Device, but the information collected does not personally identify you, and does not permit tracking between Services.
“Click-Through
URLs”
Some
of our Services, including messaging, may use “click-through URLs” linked to
other content on our Services. We track this click-through data in aggregate to
help us determine interest in topics, Services usability, and other measures of
user engagement.
Recording
information from your Device
In
using our Services, our servers record information sent from your Device such
as device name, mobile carrier, operating system, application version, personal
settings (such as language and advertising tracking settings), Internet
Protocol (“IP”) address, device and advertiser identifiers (such as IDFA,
AAID), cookie identifier, network type, log information (such as site access
history and information about how you interact with game) and usage information
(such as game user ID, game data, game play related information (including
payment amount), and crash log data).
BY
ACCESSING OUR SERVICES, YOU ARE CONSENTING TO THE USE OF COOKIES AND THE OTHER
ABOVE TECHNOLOGIES UNDER THE TERMS OF THIS PRIVACY POLICY.
The
Who
Interaction
with Other Users via Social Features
As
mentioned in “The Why”, social interaction may be a function that is offered as
a part of our Services. You understand and agree that your profile may be
viewable in the Services by other users if they enter your designated ID, used
to become “friends” for purposes of entering a battle together in the Services.
Such invitations are sent through the Services by entering the invitee's
designated ID, which can only be communicated to other users outside of the
Services. When your designated ID is entered, other users of the Services will
be able to see your profile information, which may include your username, user
level, avatar, favorite in-game assets, and last login time (users may choose
to block others from seeing last login time). We are not responsible for the
activities of other users or other third parties with whom you choose to
provide your information or otherwise interact.
Persons
with Whom We May Share Your Information
To
the extent you have agreed in the consent form with regards to section “The
What and the Why” above, we may share your information as follows:
You
agree that we may share technical information related to your Device (such as
IP address), aggregated non-personal information, and anonymous information
with advertisers, ad networks, and analytics analysis entities (“Ad Entities”)
with whom we have strategic relationships, and Ad Entities may also be
permitted to collect such information via cookies and other tracking
technologies. This information may be used to undertake user trend analyses,
demographic profiling, and analytics, and to provide to
you tailored and personalized ads and advertising (behavioural advertising). Please note, though, that some Ad
Entities also act as Service Providers (defined below) for us, and in those cases we may share your information as explained herein.
For more information about the Ad Entities’
privacy practices, please visit the links below.
Facebook
https://www.facebook.com/about/privacy
Google
https://policies.google.com/privacy
Apple
https://searchads.apple.com/privacy/
Appsflyer
https://www.appsflyer.com/services-privacy-policy/
Sharing
of your information may also occur where we engage or employ service providers,
vendors, or other third parties to help us provide our Services (each a
“Service Provider”) (e.g., improvement of our Services' features, promotion and
marketing, administration, analytics, customer service, cloud storage, hosting,
and other related services), to provide the Services on our behalf, or to
assist us in analyzing how our Services are being used. Our Service Providers
may have access to your personal data and information only to perform these
tasks on our behalf, and they are obligated not to
disclose or use your personal data and information for any other purpose, and
to protect your information to a level reasonably comparable with the
safeguards we use.
In
some instances, we may disclose information about you where
legally permitted, including, to law enforcement officials or private parties
if we believe it is necessary or appropriate to respond to claims and legal
process (including subpoenas), to protect the property and rights of 5X or a
third party, to protect the safety of the public or any person, or to prevent
or stop activity we may consider to be, or to pose a risk of being, illegal,
unethical, or legally actionable activity.
In
other cases, for example, in connection with a merger, acquisition,
reorganization, or sale of assets, or in the event of bankruptcy, we may sell
or transfer some or all of our assets. In connection
with such a transaction, we may transfer all of the
information about you in our records, including personal data and information,
to any successor entity.
Policy
Not to Collect personal data and information from Minors
We
do not knowingly collect personal data and information from, or store personal
data and information of, legal minors of your country. We will upon notice or
discovery take all reasonable efforts to erase or destroy any such personal
data and information that may have been collected or stored by us without our
knowledge or consent.
The
Where
You
understand and agree that we may transfer your information to and process it in
Hong Kong and other countries outside of your country of residence.
We
may transfer your information to and process it in Japan and other countries
outside your country of residence, including in countries whose data protection
laws may be of a lower standard than those in your country.
(For
users in the EEA)
In order to ensure an adequate and consistent
level of protection of your personal data and information, we do not transfer
personal data and information to recipients outside the EU/EEA unless:
―the
jurisdiction in which the recipient is located is deemed to provide an adequate
level of data protection;
―there
are appropriate safeguards in place (e.g. binding corporate rules; contractual
arrangements with the recipient of the personal data and information, using,
for example, the standard contractual clauses approved by the European
Commission, adherence to a code of conduct or certification mechanism together
with obtaining binding and enforceable commitments from the recipient) or
―a
derogation or exemption applies (e.g. where an individual has explicitly
consented to the proposed transfer after having been provided with all
necessary information about the risks associated with the transfer).
Changes
to Privacy Policy
We
reserve the right to change, amend or modify this Privacy Policy at any time,
in any way, solely in our discretion. If we change
this Privacy Policy in a material way, we will give notice of that in the
Services, on our website (https://tsubasa-ace.mbgadev.world/en/),
and/or by email to any email address we may have for you at that time.
If you do not accept any such updated Privacy Policy
you must uninstall the Software and cease and your access or use of our
Services. Failure to uninstall the Software or your continuous access or use of
our Services after we have changed the Privacy Policy
will indicate that you have read, understood and agree to be bound by the
updated Privacy Policy and we will apply the Privacy Policy in effect at the
time your information is collected.
Other
Important Matters
Your
Rights
Please
note that we may need to verify your identity before we can act on your request
and, because the exercise of these rights is subject to certain legal
conditions and limitations, we may have to decline your request if those
conditions are not fulfilled or if legal limitations apply. We may also reject
requests that are unreasonably repetitive, require disproportionate technical
effort (for example, developing a new system or fundamentally changing an
existing practice), or create a risk on the privacy of others. Where we cannot fulfil your rights
due to an exception, we will provide an explanation.
In
accordance with applicable data protection law you are
entitled to exercise the following rights:
Withdrawal
of Consent
You
can withdraw your consent for the collection, usage and storage of your
information and data free of charge and at any time by giving us reasonable
notice.
Upon
receiving your request, we will inform you of the likely consequences of the
withdrawal of your consent, and will cease to process your information
therefrom, unless otherwise permitted or required by applicable laws and
regulations. Please note that if you withdraw your consent to any or all usage
of your data that enables us to provide our Services, depending on the nature
of your request, we may not be able to provide to you our Services anymore.
Right
of Information, Correction and the Right to be
Forgotten
You
have the right to request anytime information about the data stored by us
concerning you, their source and their recipients as well as the purpose of the
data processing. You further have the right of correction, and the right of deletion of the data stored with
us anytime. In this respect, it is important that the personal data and
information we hold about you is accurate and current: please keep us informed
if your personal data and information changes during the period for which we
hold your data.
You
also have the right to erasure of your personal data
and information.
Right
to Object
You
have the right to object at any time to processing of personal data and
information concerning yourself which are necessary for the purposes of the
legitimate interests pursued by us. We will no longer process the personal data
and information unless there are legitimate grounds for the processing which
override the interests, rights and freedoms of you or for the establishment,
exercise or defense of legal claims.
Right
to Restriction of Processing
You
have the right to obtain restriction of procession when:
(a) the accuracy of the personal data and information is contested by you, for
a period enabling us to verify the accuracy of the personal data and
information;
(b) the processing is unlawful and you oppose the erasure of the personal data
and information and request the restriction of their use instead;
(c) we no longer need the personal data and information for the purposes of the
processing, but they are required by you for the establishment, exercise or
defense of legal claims;
(d) you have objected to processing your data pending the verification whether
the legitimate grounds of us override those of yours.
Right
to Data Portability
You
have the right to receive the personal data and information concerning
yourself, which you have provided to us, in a structured, commonly used and
machine-readable format and have the right to transmit those data to another
controller without hindrance from us, where:
(a) the processing is based on consent;
(b) the processing is carried out by automated means
In
exercising your right to data portability, you have the right to have the
personal data and information transmitted directly from us to another
controller, where technically feasible. The exercise of the right to data
portability is without prejudice to the right to erasure.
Right
to Lodge a Complaint with the DPA
Without
prejudice to any other administrative or judicial remedy, you have the right to
lodge a complaint with a supervisory authority, in particular in the EU Member
State of your habitual residence, place of work or place of the alleged
infringement if you are not satisfied with our response or think we are
processing your personal data and information not in accordance with the law.
Opting-out from Promotion
For
a Promotion you have opted into, you have the option to opt out from
participation in such Promotion and the receipt of any related communications
by following instructions provided in our mobile
game.
Push
and Local Notifications
Unless
you indicated otherwise at installation or chose not to receive push and local
notifications, we may send push and local notifications to your Device
concerning updates, events, and special offers for our mobile games and other
mobile applications of the Services installed on your Device. Please note that
you have the option of deactivating push and/or local notifications by changing
the settings of the game/application or of your Device.
Protecting
Your Information
We
take your privacy very seriously and employ reasonable administrative,
physical, and electronic measures to safeguard information received from you
and held by us against identity theft and unauthorized access or alteration. In
addition, we will take reasonable steps to assure that
third parties to whom we transfer any data will provide sufficient protection
of your personal data and information. We do not and will not, at any time,
request your credit card information, login password, or any national identification
numbers in a non-secure or unsolicited communication (e.g., via e-mail,
telephone, or mobile device).
We
will make any legally required disclosures of any breach of the security,
confidentiality, or integrity of your unencrypted electronically stored
“personal data” or “personal information” (collectively, the "personal
data and information") (as defined in applicable statutes on security
breach notification) to you via email or conspicuous posting on
our website in the most expedient time possible and without
unreasonable delay, consistent with (i) the
legitimate needs of law enforcement; or (ii) any measures necessary to
determine the scope of the breach and restore the reasonable integrity of the
data system.
If
you have any concerns with the way we collect and handle your personal data and
information, or would like to correct or request that
we delete such personal data and information held by us, please contact
us. We will use commercially reasonable efforts to honor your request; please
note, though, that at a minimum we may retain an archived copy of your records
as required by law or to send necessary communications to you under this
Privacy Policy. You understand that deletion of your personal data and information
may result in you not being able to view or use portions of our Services which
depend on such information.
Other
Websites and Services
Our
Services may contain links to other websites and online services or offers from
third parties. For example, our Services may include offers from third-party
advertisers or the ability to engage in transactions with such entities. If you
choose to participate in offer-linked information requests or “click on” an
advertisement or another third-party link, you may be directed to that third
party's website or service and/or be prompted to provide personal data and
information in connection with such activity whose policies regarding the
handling of personal data and information may differ from ours.
The
fact that we allow linking to a third-party website or service (including
Account System, and optional mobile game or software recovery services) is not
an endorsement or representation of our affiliation with that third-party, nor
is it an endorsement of such third party's privacy or information security
policies or practices or their compliance with any laws. We do not exercise
control over third-party websites or services, and this Privacy Policy does not
apply to information you provide or collected by them, including Ad Entities.
These other websites or services may place their own cookies or other tracking
devices on your computer or mobile device, or collect
data or solicit personal data and information from you. Other websites and
services follow different rules regarding the use or disclosure of the personal
data and information you submit to them. We encourage you to read the privacy
policies or statements of the other websites and services you use and the terms
of the offers in which you participate. You agree that we are not responsible
for, nor will we be liable to you or any third party for, your interaction with
such third parties or the information requests initiated by such third parties
or the subsequent use, treatment, or dissemination of the information you
provide to them.
To
the extent that any of our mobile applications of the Services collects
personally identifiable information, that is done only as strictly necessary to
enable us to provide those Services (see The How, above), and this cannot be
disabled by “do not track” or other mechanisms available via your mobile
Device's browser.