Privacy Policy

PRIVACY POLICY

LAST UPDATED: September 14, 2020

This Privacy Policy describes how we (also referred to as “Maximum Games,” “our,” or “us”) collect, use, transfer, disclose, and protect Information (defined below). This Privacy Policy is an integral part of the Terms of Sale, Terms of Service, and the End User License Agreement (the “EULA”) and does not constitute an independent agreement. 

We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of this policy. 

Please read this Privacy Policy carefully to understand our policies and practices regarding your Information and how we will treat it. If you do not agree with our policies and practices, your choice is not to access or use our Website, Store, Services, and/or Software, and/or purchase our Products (collectively and individually referred to as the “Maximum Games Services”). By accessing, using, or purchasing Maximum Games Services, you consent to this Privacy Policy. The capitalized terms not defined herein shall have the same meaning as ascribed to them in the Terms of Sale, Terms of Service, and/or the End User License Agreement, as applicable. 

INTRODUCTION

Maximum Games operates entities around the world in order to provide Maximum Games Services. These entities are listed below: 

Maximum Games, Inc. registered with the California Secretary of State under the number C4224884

Maximum Games Ltd, registered with the Registrar for Companies of England and Wales under the number 2955670

Maximum Games Ireland Ltd, registered with the Registrar for Companies of Ireland under the number 577081

Maximum Games BV, registered with the Netherlands Chamber of Commerce Register under the number 856022329

This Privacy Policy states how we handle your Personal Information. “Personal Information” means the information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to a person or a household. We may combine “Non-Personal Information,” which is information that is not Personal Information, with Personal Information, and in those circumstances, we will treat the combined information as Personal Information. Personal Information and Non-Personal Information are sometimes collectively and individually referred to as “Information”

We may obtain Information as a “processor,” as defined under the General Data Protection Regulation (EU) 2016/679 (“GDPR”) and/or a “service provider,” as defined under the California Consumer Privacy Act of 2018, as amended from time to time, and applicable regulation (“CCPA”), for processing on behalf of and in accordance with the instructions by our customers.  In some other instances, we may process your information as a “controller,” as defined under the GDPR, and/or a “business,” as defined under the CCPA. 

PERSONAL INFORMATION WE COLLECT 

Information That We Collect From You

We might collect, use, store and transfer different kinds of Personal Information about you which we have grouped together as follows:

1. Identity Information such as names, usernames or similar; marital status; title; date of birth; sex and gender.
2. Contact Information such as addresses; email addresses and telephone numbers.
3. Financial Information such as bank account and payment card information.
4. Transaction Information such as information about payments and details of purchases you have made.
5. Technical Information such as IP addresses; login data; browser info; time zone; location; browser plug-ins; operating systems; platforms and other technology on the device used to access this website.
6. Profile Information such as usernames; passwords; security answers; purchases/orders; interests; preferences; feedback and responses to surveys, blogs and messages.
7. Usage Information such as analytics relating to how you use the website.
8. Marketing and Communications Information such as your preferences about receiving communications from us or third parties.

We also collect, use and share Aggregated Data such as statistical or demographic data. Aggregated Data can be derived from your Personal Information but is not itself Personal Information as it cannot be used to reveal your identity. If Aggregated Data is ever used in combination with your Personal Information and becomes identifiable, it will be treated in accordance with this notice.

Maximum Games does not collect any Special Categories of Personal Data, which includes information about race or ethnic origins, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, and information about your health, genetic or biometric data, or any information about criminal convictions/offences.

Information That We Collect From Third-Parties 

From time to time, we may obtain information about you from third party sources as required or permitted by applicable law. These sources may include:

1. Joint Marketing Partners and Resellers: Unless prohibited by applicable law, joint marketing partners or resellers may share information about you with us so that we can better understand which of our Products may be of interest to you.

Automatic Collection of Information

We collect Information automatically as a result of your interaction with us and/or your access, use, or purchase of Maximum Games Services. The information that we automatically collect, include your IP Address, geolocation information (which may include specific longitude and latitude), time zone, usage times and volume, and information about the device you are using (for example, device type, device ID, characteristics and status, browser type, operating system and application version and information about how our Site is used), language preference, URL click stream, or information that we collect through our marketing activities, We use Google Analytics to collect such data. Terms of Service for Google Analytics are available here: https://www.google.com/analytics/terms/us.html.

We may also use cookies to collect the above information. Cookies are small files of letters and numbers stored on your browser or device that enable the cookie owner to recognize the device when it visits websites or uses online services. The website you visit may set cookies directly, known as first-party cookies, or may trigger cookies set by other domain names, known as third-party cookies. While we may automatically use some cookies that are strictly necessary to provide the services you request or enable communications, we request your consent for all of our other cookie uses.

We use the following types of cookie:

1. Strictly necessary cookies. These are cookies that are required for the operation of our Website. They include, for example, cookies that enable you to log into secure areas of our Website and to use a shopping cart.
2. Functionality cookies. These are used to recognize you when you return to our Website. This enables us to personalize our content for you, greet you by name and remember your preferences.
3. Analytical/performance cookies. They allow us to recognize and count the number of visitors and to see how visitors move around our Website when they are using it. This helps us to improve the way our Website works, for example, by ensuring that users are finding what they are looking for easily. Some of these are third party cookies which analyze Website usage.
4. Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We use this information to make our website and the advertising displayed on it more relevant to your interests. This information is anonymous and cannot identify you personally, but we may share it with third parties to help tailor advertising to your particular interests.

For more information about our cookie policy, please visit our Cookie Policy at https://www.maximumgames.com/cookies-policy/. 

You can block cookies by activating settings on the website browser that you are using. However, if you use the settings to block all cookies (including essential cookies) you may not be able to fully access all areas of our website.

To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org.

Profiling or automated decision 

Maximum Games does not perform any profiling or automated decision making based on your Personal Information.

HOW USE THE INFORMATION 

Our primary purpose in collecting Personal Information is to provide you with a secure, smooth, efficient, and customized experience. We generally use Personal Information to create, develop, operate, deliver, and improve our Maximum Games Services.

1. To enforce our terms in our Terms of Service, Terms of Sale, and EULA. We collect Information about your Account usage and monitor your interactions with and/or your access, use, or purchase of Maximum Games Services. We may use any of your Personal Information collected for these purposes. 
2. To provide you with the access to Maximum Games Services for purchasing Product. Your Personal Information may be used to provide you with the access to the checkout process for the purchase of Product. 
3. Process the transaction. We may use your Identity Information, Contact Information, and Financial Information to process your purchase of the Product. 
4. To provide you with personalized service. Personal Information is used to improve and tailor the Maximum Games Services to your preferences. We may use Information, both Personal Information and Non-Personal Information to remember the Products in your shopping cart. Personalized services may not be available without such information.  
5. Fraud Prevention & Anti-Cheat. Providing users with a fair, balanced, and competitive experience on the Maximum Games Services is extremely important to us. We strictly enforce prohibitions against cheating, hacking, account stealing, and any other unauthorized or fraudulent activity on the Maximum Games Services. When you create Account, access and/or use Maximum Games Services, and/or play our games, or otherwise interact with the Maximum Games on or through the Maximum Games Services, we may use a variety of anti-cheat and fraud prevention technologies to help us identify and prevent malicious activity. We may collect and analyze data about the game binary or your computer to detect cheating, and may be provided by Maximum Games or by third parties.
6. For Fan Community Management (including sign-up mailing lists, chat rooms and forums). If you join one of our fan communities, we will use your Personal Information to contact you with updates related to the subject of the mailing list or forums that you have subscribed to, as well as occasionally running competitions or other community events and offering exclusive content and offers to you. These messages and websites might contain cookies, web-beacons, unique identifiers or similar to monitor our marketing distribution.
7. To communicate with you. Your Personal Information is used to respond to you or to communicate with you about your purchases and your other transactions related to Maximum Games Services.  
8. To provide Player Support. We process your Personal Information when you reach out to Player Support, available at https://modusgames.com/support/#support. 
9. To ensure quality. Your Personal Information is processed for quality control and for staff training to enhance quality of Maximum Games Services. If your Personal Information is not processed for quality control purposes, you may experience issues with the Website, such as not considering the implementation of your suggestions. 
10. To improve our Maximum Games Services. We may use your Personal Information to deliver better experience, to diagnose technical problems, and to support marketing activities.
11. To ensure network and information security. We process your Personal Information in order to enhance security, monitor and verify identity or service access, combat spam or other malware or security risks and to comply with applicable security laws and regulations. Without processing your Personal Information, we may not be able to ensure the security of our Maximum Games Services.
12. To facilitate corporate acquisition, mergers, or transactions. Any information that you have provided may be disclosed, as necessary, in the context of corporate acquisitions, mergers, or other corporate transactions. You have the option of asking us to delete your information if you do not wish to have your Personal Information processed for such purposes.
13. To engage in marketing activities. Based on your communication preferences, marketing communications (e.g., emails or mobile notifications) may be sent to you to inform you about the offers, events, or partner events; to deliver targeted marketing; and to provide you with promotional offers. Marketing will be conducted in accordance with your advertising marketing preferences and as permitted by applicable law.
14. For the purpose that you have consented to. Your Personal Information may be disclosed for any purpose you consent to.

Refusal to give Maximum Games Personal Information 

We process some personal information as part of a contractual relationship with a controller. Any requests to restrict this type of processing should be forwarded to the controller; they will be responsible for discussing your concerns and making any decisions.

Bases of Processing 

Under GDPR, there must be a ‘lawful basis’ for the use of Personal Information. The lawful bases are outlined in Article 6, Section 1 of the GDPR. They are sub-sections:

1. your consent;
2.  performance of a contract;
3. compliance with a legal obligation;
4. protection of your, or another’s vital interests;
5.  public interest/official authority; and
6. our legitimate interest.

Maximum Games’ ‘legitimate interests’

Legitimate interests are a flexible basis upon which the law permits the processing of an individual’s Personal Information. To determine whether we have a legitimate interest in processing your Information, we balance the needs and benefits to us against the risks and benefits for you of us processing your Information. This balancing is performed as objectively as possible by us. You are able to object to our processing and we shall consider the extent to which this affects whether we have a legitimate interest. If you would like to find out more about our legitimate interests, please contact support@maximumgames.com.

In the table below, we list the bases of processing Personal Information. 

Right to Withdraw Consent 

If you have given your consent in relation to particular processing or activities, you can withdraw your consent at any time by methods described in the Contact Us [INSERT HYPERLINK] section below.  

CHILDREN’S ONLINE PRIVACY

The Maximum Games Services are intended to be appropriate for general audiences and are not directed to children under 13 years of age. Maximum Games Services are rated in accordance with the applicable laws and regulations of the jurisdiction from where you are accessing, using, or buying the Maximum Games Services. Maximum Games does not intentionally collect personal information from children without seeking any required parental approval in accordance with applicable legal and regulatory obligations, such as the U.S. Children’s Online Privacy Protection Act (“COPPA”).

We may ask you to provide age-related information in order to help us comply with laws like COPPA. For example, we may request your date of birth to determine whether COPPA requires us to obtain verifiable parental consent from your parent or guardian before allowing you to access Maximum Games Services.

If a user indicates they are a COPPA minor, we’ll require that user to complete a parental approval process before continuing to access the relevant Maximum Games Services. This process is designed to notify parents that their child has requested access to Maximum Games Services, inform them about Maximum Games’ privacy practices, offer them the opportunity to approve Maximum Games’ collection and use of their child’s information as described in this Privacy Policy, and describe the controls that we make available to them. 

Once a parent provides their consent, we’ll give them an opportunity to review and change important account settings that control how their child can interact with the Maximum Games Services. Parents are also generally free to change or revoke the choices they’ve previously made and can review the personal information associated with their child’s account or request that we delete it from our systems. To submit these requests or ask us any other questions you may have about how we handle your child’s personal information, please see “Contact Us” [INSERT HYPERLINK TO THE SECTION BELOW] below.

Authorized child accounts are otherwise treated much like other Maximum Games accounts. They can generally play approved games, access communications and social features (like chat and friends lists), and freely interact with most of the Maximum Games (including downloading other games from the Store). 

RETAINING PERSONAL INFORMATION 

Maximum Games holds different categories of Personal Information for different periods of time. Wherever possible, we will endeavor to minimize the amount of Personal Information that we hold and the length of time for which it is held.

• If we process your Information on the basis of ‘legitimate interests’, we will retain your Information for as long as the purpose for which it is processed remains active. We review the status of our legitimate interests every twelve (12) months and will update this notice whenever we determine that either a legitimate interest no longer exists or that a new one has been found.
• All categories of Personal Information that are held by us because they are essential for the performance of a contract, will be held for a period of at least seven (7) years or as determined by the applicable statute of limitations for the purposes of exercising or defending legal claims, whichever is fewer.

DISCLOSURE OF YOUR INFORMATION

We may disclose aggregated information about our Users and information that does not identify any individual, without restriction. 

We may disclose Personal Information that we collect, or you provide as described in this Policy:

1. To our employees on a need to know basis. 
2. To our subsidiaries and affiliates on a need to know basis. 
3. To our contractors, service providers and other third parties, such as our payment processing partners, ecommerce solution partner, and marketing partner, we use to support our business and who are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them. For example, we use the services of AQ Live LLC (trading as “One Live Media”) to provide us with ecommerce solutions for our Store. One Live Media’s Privacy Policy is available here: https://onelive.com/pages/data-privacy-notice. 
4. To a buyer or successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information held by us about you, your Account, and your purchase history is among the assets transferred.
5. For any other purpose disclosed by us when you provide the information.
6. With your consent.

We may also disclose your Personal Information:

1. To comply with any court order, law or legal process, including responding to any government or regulatory request.
2. To enforce or apply other agreements, including for billing and collection purposes.
3. If we believe disclosure is necessary or appropriate to protect our rights, property, or safety, or the rights, property, or safety of our customers or others.

DATA TRANSFER AND PROCESSING 

Maximum Games is headquartered in the United States. Your Personal Information is processed in the United States. Further, your Personal Information may be transferred to our affiliates and to third parties that provide us with products or services‒ such as the partner whose name and/or logo appears on this website, which are located outside the European Union and in particular in the United States.

When your Personal Information is transferred to a party located in a country that does not provide for a level of Information protection that is sufficient according to European Union standards, we will use the Standard Contractual Clauses (the “SCC”) to transfer the Personal Information to the United States. 

YOUR PRIVACY RIGHTS

Depending on applicable law where you reside, you may be able to assert certain rights related to your Personal Information, which are identified below.

Privacy Rights

Your rights to Personal Information are not absolute. Depending upon the applicable law, access may be denied: (i) when denial of access is required or authorized by law; (ii) when granting access would have a negative impact on another's privacy; (iii) to protect our rights and properties; (iv) where the request is frivolous or vexatious, or for other reasons. If Maximum Games is processing your Personal Information as a processor and/or a service provider, as defined under the GDPR and the CCPA, respectively, then you will have to contact the controller and/or the business, as defined under the GDPR and the CCPA, respectively that provided your Personal Information to exercise your privacy rights under this section. 

1. Access and portability. You may request to have provided to you a copy of your Personal Information held by Maximum Games. This information will be provided without undue delay. In certain circumstances, you may request to receive your Personal Information in a structured, commonly used and machine-readable format, and to have us transfer your Personal Information directly to another controller.
2. Rectification of incomplete or inaccurate personal information. You may request us to rectify or update any of your Personal Information that Maximum Games has. You may do this at any time by email or by submitting a form. See, How to make a privacy request. [INSERT HYPERLINK TO THE SECTION BELOW] 
3. Erasure. You may request to erase your Personal Information, subject to applicable law by email or by submitting a form. See, How to make a privacy request. [INSERT HYPERLINK TO THE SECTION BELOW]
4. Withdraw consent. To the extent the processing of your Personal Information is based on your consent, you may withdraw your consent at any time. Your withdrawal will not affect the lawfulness of Maximum Games’ processing based on consent before your withdrawal.
5. Restriction of processing. In some jurisdictions, applicable law may give you the right to restrict or object to Maximum Games’ processing your personal information under certain circumstances. Maximum Games may continue to process your Personal Information if it is necessary for the defense of legal claims, or for any other exceptions permitted by applicable law.

How to make a privacy request

To make a privacy request, you can contact Maximum Games at: 

Email:  support@maximumgames.com

Submit a Privacy Request Form 

Postal Mail:

Maximum Games, Inc., located at 590 Ygnacio Valley Road, Walnut Creek CA 94596, USA.

 How to lodge a complaint

If you believe that Maximum Games has infringed your rights, we encourage you to submit a request by sending us an email at the above email addresses, so that we can work with you to resolve the issue dispute informally. 

If you reside in the EEA, you can file a complaint with your relevant data protection authority.

Response to your request. The endeavor is to respond to consumer’s request for access or deletion within 30-45 days of receiving the request, based on your jurisdiction. If more time is required, you will be appropriately informed in writing with the reason and extension period.

California Privacy Rights

In addition to the rights provided for above, if you are a California resident, the CCPA provides California residents with the additional rights listed below, if we are processing their Personal Information as a “business,” under the CCPA. To exercise these rights see the “How to Make California Privacy Request” [INSERT HYPERLINK TO THE SECTION BELOW]section. 

1. Right to Know. You, upon a verified consumer request, (“VCR”) have the right to know and see what data is collected about you over the 12-month period, including:

• The categories of Personal Information that have been collected about you;
• The categories of sources from which the Personal Information is collected;
• The business or commercial purpose for collecting your Personal Information;
• The categories of third parties with whom Maximum Games has shared your Personal Information; and
• The specific pieces of Personal Information collected about you.

1. Right to Delete. You have the right to request deletion of the Personal Information collected from you (and direct the service providers to do the same). There are a number of exceptions, however, that include, but are not limited to, when the information is necessary for the following:

• Complete your transaction;
• Provide you a good or service;
• Perform a contract between Maximum Games and you;
• Protect your security and prosecute those responsible for breaching it;
• Fix our system in the case of a bug;
• Protect the free speech rights of you or other users;
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et seq.);
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interests that adheres to all other applicable ethics and privacy laws;
• Comply with a legal obligation; or
• Make other internal and lawful uses of the information that are compatible with the context in which you provided it.

1. Other Rights. Maximum Games will not sell your Personal Information in the ordinary course of its business and will never sell your Personal Information to third-parties without your explicit consent.  

If your Personal Information is sold to third-parties, you also have the right to request that such information is disclosed to you: (i) the categories of your Personal Information sold, and (ii) the categories of third-parties to whom your Personal Information was sold. You have the right to direct Maximum Games not to sell your Personal Information. 

1. Additional California Privacy Rights. 

If you are a resident of California, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your Personal Information by Maximum Games or its subsidiaries to a third party for the third party's direct marketing purposes. This right granted to California residents applies only to their activities within the State of California. To make such a request, please email support@maximumgames.com. In your request, please specify the Reseller's company to which your request pertains. If no company is specified, we will treat your request as pertaining to Maximum Games.

1. How to Make California Privacy Request. To request access to or deletion of Personal Information upon a VCR, or to exercise any other data rights under California law, please make the request using one of the following methods. Maximum Games not required to respond to your VCR’s more than twice in a 12-month period. You can make VCR as follows: 

• Website: You may visit the privacy form [INSERT HYPERLINK] to authenticate and exercise rights via the website. 
• Email: You may send an email to Maximum Games at support@maximumgames.com to exercise rights. Please include your full name, email address, and your resect purchase, along with why you are writing, for processing your request in an efficient manner. 
• California Authorized Agent:  If you are a California resident, you may designate an authorized agent to make a request to access or a request to delete on your behalf. A response will be furnished to your authorized agent's request if they submit proof that they are registered with the California Secretary of State to be able to act on your behalf, or submit evidence you have provided them with power of attorney pursuant to California Probate Code section 4000 to 4465. Authorized agents may not be provided with the response pertaining to the request if the authorized agents fail to submit a proof of authorization or are unable to verify their identity. 

CONTACT US

If you have questions or concerns regarding this Privacy Policy, or if you have a complaint, please contact us on at support@maximumgames.com, or by writing to us at: 

Maximum Games, Inc., located at 590 Ygnacio Valley Road, Walnut Creek CA 94596, USA.

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