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.
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:
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:
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:
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.
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:
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.
Section & Purpose of Processing |
Legal Basis for Processing |
|
Based on our contract with you or to take steps at your request prior to entering into a contract. |
i. To ensure quality. j. To improve our Maximum Games Services. l. To facilitate corporate acquisition, mergers, or transactions. |
Based on the legitimate interests. When your personal data is processed for legitimate interests, we consider and balance any potential impact on you and your rights under data protection laws. |
k. To ensure network and information security |
Based on the legal obligations of Maximum Games. Obligations, the public interest, or in your vital interests. |
m. To engage in marketing activities. n. For the purpose that you have consented to. |
Based on your consent. |
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.
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:
We may also disclose your Personal Information:
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.
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.
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.
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.
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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