Effective: February 27th, 2023
1. What Is the Scope of this Statement?
The terms “we“, “us” and “our” refer to the Company, and its officers, directors, owners, employees and agents.
The term “personal data” means any data which relates to a natural person (as opposed to a business or corporate entity) that makes you identifiable. As used herein and in connection with our business, the term personal data may include:
- Names and contact information, including first name, last name, e-mail address, communication category, and any message you provide to us, all only to the extent provided by you (or on your behalf) to us;
- Information you provide to us on or through any social media sites, including but not limited to, Twitter, YouTube, LinkedIn, Instagram and Facebook;
- Information you provide to us through e-mail, fax or any contact information on or through the website;
- Information you provide to us through any “Contact us” page on the website; and
- Any other similar information provided to us by you in connection with our services or through the website.
- The term “data controller” means the person or entity which decides the purposes for which, and the way in which, any personal data is processed.
The term “data processor” means the person or entity which processes personal data on behalf of the data controller.
The term “processing” means any operation or set of operations performed on personal data. Processing includes, but is not limited to, the collection of data, the organizing of data, the recording or saving/storage of data, the altering of data, the using of data, the disclosing or transfer of data, the deleting or destruction of data, or the making available of data.
3. What Information We Collect About You
We may collect all types of personal data about you as described in Section 2 above under the definition of “personal data.”
You agree that we may collect and process all such personal data that you provide to us, or that you (or other entity/individual who has authorization/authority to provide information on your behalf) manifestly make public through publication or otherwise to enable us to provide and improve the services identified on the website (the “Services”). In addition to the Services identified on the website, these Services may also include Services in connection with the use and management of the website and all content and services therein.
You also hereby consent that we may use your personal data for the following additional purposes which may be included in, or part of, the Services:
- Updating our records;
- In connection with any application for employment with the Company;
- Internal analysis for our business management purposes;
- Any statutory or regulatory purpose which requires the processing of your personal data;
- Legal and regulatory compliance;
- Fraud and crime prevention;
- Internal or external audits; and
- Any other purpose for which valid consent is obtained.
In addition to the above, we may also collect other data from you which is not personal data, such as information about your employer, the content of articles or other information you publish or otherwise make public, etc.
Please do not supply the following to us:
- Any other person’s personal data, unless the Company explicitly asks you to do so;
- Any categories of your personal data that have not been explicitly requested by the Company;
- Any confidential, proprietary, secret or legally protected information which you are not explicitly requested by the Company to provide; and
- Any confidential, proprietary, secret or legally protected information which are under any legal obligation to not provide to or share with the Company.
4. How We Collect Information About You
We collect information about you (including personal data) when:
- You Give Us Information – You may provide us information when:
- you set up an account with us; you provide it to us by filling out forms;
- you send us e-mail; you provide information via phone or in person;
- you provide us with information in writing and send it to us other than via e-mail, phone or in person (i.e., mail, FedEx, etc.);
- you provide us with documentation;
- you provide us with information which may contain personal data;
- you provide it to use through our “Contact” page on the website;
- you provide it to us through social media;
- you provide us with information in connection with seeking employment with the Company.
- We Collect Information Automatically – We automatically collect certain types of information when you visit our website (as explained below).
- A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
- Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
- Cookies do not typically contain any information that personally identifies a user, but personal data that we store about you may be linked to the information stored in and obtained from cookies.
- Shared local objects (commonly referred to as “FLASH cookies”) are cookies that are placed on your computer that are not removed through normal browser management tools. If we use FLASH cookies, we will only do so in a manner consistent with the purposes for which they were designed unless you are specifically notified that we intend to use them for a specific service.
Cookies That We Use
To learn more about cookies, please visit http://www.allaboutcookies.org.
Cookies Used By Our Service Providers And Vendors
Google Analytics (see https://support.google.com/analytics/answer/6004245?hl=en and information therein).
- You should review the privacy and cookie policies of the above website(s) to learn more about the cookies that are used in connection with the above.
- The above website(s) and cookies may change from time to time as we use different vendors or service providers to provide some or all of the services offered or provided by the above services and websites, or additional services we decide to include. While we will periodically update our list of such vendors and service providers, the above list may not be complete at any given time.
- Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:
- https://support.google.com/chrome/answer/95647?hl=en (Chrome)
- https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox)
- http://www.opera.com/help/tutorials/security/cookies/ (Opera)
- https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer)
- https://support.apple.com/guide/safari/view-a-privacy-report-ibrw35004465/mac and https://support.apple.com/guide/safari/prevent-cross-site-tracking-sfri40732/14.0/mac/11.0 (Safari)
- https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge)
- Blocking some or all cookies may have a negative impact upon the usability of many websites, including our website and our services.
- These web beacons and plug-ins are small graphic images (typically that you cannot see) or code on a website or in an email message which are used for such things as recording webpages or advertisements clicked-on by a user, or for tracking the performance of email marketing campaigns. These devices, to the extent used, help us analyze our users’ online behavior and measure the effectiveness of our website and our marketing.
- We may also work with third-party service providers that help us track, collect, and analyze this information. Third-party entities with whom we have agreements may place these devices on the website and/or in emails to use information obtained from them such as pages viewed, emails opened and items upon which you may click in emails. These third-party providers may also place cookies onto your computer. Those third-party cookies may enable us to obtain aggregate demographic information and user statistics about you and your preferences from these third-party sources as well as our information we have about you. See above for more information on our cookies.
7. Server Logs
A web “server log” is a record of activity created by a computer that delivers certain webpages to your browser. Certain activities that you perform on our website may record information in server logs. For example, if you enter a search term on the website or enter your login information, the server log may record the search term, the link you clicked on to bring you to our website and/or information about your browser, such as your IP address and the cookies set on your browser.
8. Search Queries on Our Website
We may provide you with options to search for information on our website. If you enter information in a search query box, we may store that information and we may aggregate that information with other information we may have about the browser and/or IP address from which the search query originated.
9. Social Media Platforms
We may link to certain Company social media platforms on Twitter, YouTube, LinkedIn, Instagram and Facebook or other platforms. When you engage with our content at or through these social media platforms, you may be asked to share certain information about these interactions with us. Please review the privacy policies/notices and privacy settings with each such social media platform you use so you understand how this data and information may be used, and to choose your options for the sharing of such data and information.
10. How We Use Your Personal Data
11. Providing Your Personal Data To Others
- We may disclose your personal data to our professional advisers insofar as reasonably necessary for the purposes of managing risks, obtaining professional advice, or the establishment, exercise or defense of legal claims, whether in court proceedings, Alternative Dispute Resolution or in an administrative or out-of-court procedure.
- We may disclose certain of your personal data to our suppliers and subcontractors pursuant to separate consent provided by you to us.
- We may disclose certain of your personal data to our vendors and subcontractors in connection with providing our Services or our other permitted uses as set forth herein.
- The foregoing disclosures are made insofar as reasonably necessary, and only to the extent required, for assisting us in providing our Services to you, storing data and in connection with the administration of our business.
- In addition to the specific disclosures of personal data set out in this Section, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defense of legal claims, whether in court proceedings, alternative dispute resolution, or in an administrative or out-of-court procedure.
12. International Transfers of Your Personal Data – For UK/EU/EEA and Swiss Data Subjects Only
- In this Section, we provide information about the circumstances in which your personal data may be transferred to countries outside the EEA (Austria, Belgium, Bulgaria, Czech Republic, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden) or the United Kingdom.
- NEKCOM Inc. is a __________________ corporation with its principal place of business located at _____________________________ (United States). The European Commission has made an “adequacy decision” with respect to the data protection laws of the United States. In the event the Company transfers any of your personal data to a third party in the United States or elsewhere outside of the EEA, or the United Kingdom, such transfers will be protected by appropriate safeguards through the use of standard data protection clauses adopted or approved by the European Commission (as same may be updated), or other similarly applicable law concerning the United Kingdom; or through other legal means.
13. Retaining And Deleting Personal Data
- This Section sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
- Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
- We will retain your personal data:
- to the extent your personal data that we hold was obtained from data you provided to us, that you intentionally and manifestly made public or which is in the public domain independent of any act or action of us, it will be retained in that form for as long as it is needed or required for the purposes for which we obtained the information from the public record, or as otherwise required by applicable law;
- to the extent your personal data that we hold was obtained by us from a third-party with the right to provide us with such data, it will be retained by us for as long as required by us for the purpose for which it was obtained and as required by our contractual requirements with third-party clients or as otherwise required by applicable law.
- In some cases, it is not possible for us to specify in advance the periods for which your personal data will be retained. In such cases, we will determine the period of retention based upon the performance of our Services, and any applicable industry and governmental standards.
- We may also retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
14. Your Rights – FOR CALIFORNIA RESIDENTS ONLY
If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit https://oag.ca.gov/privacy/privacy-laws.
Requests for Information
Under Section 1798.83 of the California Civil Code, residents of California have the right to request from a business, with whom the California resident has an established business relationship, certain information with respect to the types of personal information the business shares with third parties for those third parties’ direct marketing purposes, and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year. To exercise your rights, you may make one request each year by emailing us at Privacy@nekcomgames.com with “Request for California Privacy Information” in the subject line and explicitly makes such request. Be sure to provide in the request sufficient information to properly identify you and/or the members of your family to whom the request applies.
Do Not Track Disclosure
As required by Section 22575 of the California Business and Professions Code, the following disclosure is made to California residents and to residents of other states:
We collect various types of personal data about you during the course of your relationship with us. Under California law, if you are a resident of California, you may make a written request to us to disclose the categories or personal data of yours which we have shared with third parties, for the third parties’ direct marketing purposes during the prior year. In response to your written request, we are allowed to provide you with a notice describing the cost-free means to opt-out of our sharing your information with third parties with whom we do not share the same brand name, if the third party will use such information for its direct marketing purposes.
If you would like to exercise your rights under California law, please send your written request to the e-mail address or postal address below with the words “CALIFORNIA OPT-OUT” in ALL CAPS in the subject line or clearly set forth elsewhere. Please include your postal address in your request. Within thirty (30) days of receiving your written request, we will provide you with a Third-Party Direct Marketing Opt-Out Form so you may request that your personal data not be disclosed to third parties for their direct marketing purposes.
Attention: PRIVACY OFFICER
11th floor, 12 East, 49th Street
New York, NY10017 (United States)
Attention: PRIVACY OFFICER
Consumer Rights Under the California Consumer Privacy Act of 2018 (the CCPA) and the California Privacy Rights Act of 2020 (the CPRA)
To the extent the California Consumer Privacy Act is applicable, with certain exceptions and, including in connection with data subject to federal regulation (i.e., the Health Insurance Portability and Accountability Act (HIPAA), the Gramm-Leach Bliley Act California (GLBA), the Fair Credit Reporting Act (FCRA), the California Financial Information Privacy Act (CFIPA), the Federal Farm Credit Act of 1971, the Drivers’ Privacy Protection Act (DPPA), the Confidentiality of Medical Information Act (CMIA), certain laws concerning clinical trials data, the First Amendment and related law), contractual rights and obligations, and certain other exceptions, California residents have the following rights with respect to our data collection and data processing of California residents’ personal data (excluding de-identified or aggregate data) which is collected in California, processed in California, or part of a transaction occurring in California:
(1) The right to know whether your personal data was collected by us.
(2) The right to request the categories and specific pieces of personal data that we have collected about you in the past 12 months, the categories of sources for which that information is collected, the business purposes for collecting or selling/sharing the information, and the categories of third parties with whom the information is shared or sold.
(3) The right to know what information we are collecting about you and the purposes for which it is being used.
(4) The right to not allow us to sell or share any of your personal information.
See opt-out options and the “Do Not Sell/Share My Information” button located here.
(5) The right to limit our use of your sensitive personal information.
See “Limit the Use of my Sensitive Personal Information” button located here.
(6) The right to have your personal information deleted, subject to certain exceptions.
These exceptions may include:
Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
Comply with a legal obligation.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
(7) The right to have your personal information corrected, subject to certain exceptions.
(8) The right to know the length of data retention.
(9) The right to not be discriminated against for exercising any of the above rights.
We will not discriminate against you if you exercise any of the above rights. However, as explained, some or all of our Services necessarily require us to process your personal information, and share your personal information with certain third parties in connection with providing the Services. Therefore, and as explained above, exercise by you of certain of the above rights may impact our ability to provide the services to you.
TO THE EXTENT APPLICABLE, AND TO EXERCISE ANY OF THE ABOVE RIGHTS, PLEASE CONTACT US AT ANY OF THE BELOW AND INCLUDE THE WORDS “CCPA/CPRA RIGHTS” IN ALL CAPS IN THE SUBJECT LINE, OR BE CLEAR BY PHONE THAT YOU WANT TO EXERCISE YOUR CCPA RIGHTS and CLEARLY LET US KNOW WHAT RIGHTS YOU SEEK TO EXERCISE.
11 th floor, 12 East 49th Street, New York, NY10017
Attention: PRIVACY OFFICER
15. Your Rights – UK/EU/EEA Data Subjects Only
- In this Section, we have summarized the rights that UK/EU/EEA data subjects have under applicable data protection law, including the GDPR and the UK GDPR. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
- Your principal rights under data protection law are:
- the right to access;
- the right to rectification;
- the right to erasure;
- the right to restrict processing;
- the right to object to processing;
- the right to data portability;
- the right to complain to a supervisory authority; and
- the right to withdraw consent under certain circumstances.
- You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.
- You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
- In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing where no other legitimate basis for retention exists; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation (including contractual obligations); or for the establishment, exercise or defense of legal claims.
- In some circumstances you may have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful, but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defense of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defense of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
- You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defense of legal claims.
- You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.
- You have certain rights to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
- If you consider that our processing of your personal data infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the UK, as applicable, or the EU member state of your habitual residence, your place of work or the place of the alleged infringement.
- To the extent that the legal basis for our processing of your personal data is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
__________________________ (United States)
Attention: Privacy Officer (Privacy@nekcomgames.com)With a copy (including the words “NEKCOM – GDPR” in the subject line) to:OlenderFeldman LLP
422 Morris Avenue
Summit, NJ 07901 (United States)
Attention: Michael J. Feldman, Esq.
16. Your Choices About Information We Collect – Not Applicable to UK/EU/EEA Data Subjects
- If you do not consent to the way in which we may use your personal information, please do not submit any personal information to us. Please note that if you do not provide us with certain personal information the Company may be unable to provide you with its Services, or those Services may not be as good as they otherwise could be.
________________________ (United States)
Attention: Privacy Officer (Privacy@nekcomgames.com)
With a copy (including the words “NEKCOM – Privacy” in the subject line) to:
422 Morris Avenue
Summit, NJ 07901 (United States)
Attention: Michael J. Feldman, Esq.
[ADDITIONAL OPTIONS] You may opt out of our various communications as follows:
E-mail Communications: (1) click the unsubscribe link located in our emails, or (2) by CLICKING HERE, or (3) by calling us at _______________________ and clearly setting forth your request.
Third-Party Sharing: (1) e-mail us at Privacy@nekcomgames.com with the words “THIRD-PARTY E-MAIL REMOVAL” in the subject line, or (2) by calling us at ____________ and clearly setting forth your request.
- Note that removal from third-party lists may take up to _______ months to be effective.
Text/SMS Message Consent and Opt-Out: If you choose, you can provide your mobile phone number to receive text message alerts from the Company. By providing your mobile phone, you are consenting to receive automated marketing text messages from us, but you can always purchase products from the Website without providing this consent. Message and data rates may apply, and you should check the rates of your mobile carrier. You can opt out from further text marketing communications by texting STOP to the SMS number used by the Company to contact you.
We may share your mobile phone number with service providers with our service providers to help us with the above activities, but not for their own marketing. We do not guarantee availability or performance of this text/SMS service, including liability for transmission delays or message failures.
Please note that even once we comply with any of your requests as set forth above, de-identified and aggregate data including your personal data may still be shared, but it will not be identified or identifiable to you.
17. Privacy of Children Who Visit the Website
We recognize the importance of children’s safety and privacy. The website is not designed to attract children, and is not intended for use by any children under the age of 18. We do not request, or knowingly collect, any personally identifiable information from children under the age of 18. If you are under age 18, you do not have permission to use this website or our Services.
We believe in providing a safe and secure experience for all of our online visitors. To that end, we have implemented security measures to protect the information collected from you. We maintain reasonable physical and electronic safeguards designed to limit unauthorized access to your personally identifiable information, and to protect you against the criminal misuse of that information.
While we use the foregoing security measures to protect your information, please note that no data transmitted over the Internet or stored and utilized for business purposes can be guaranteed to be completely secure. No security measures are perfect or impenetrable. We cannot guarantee that only authorized persons will view your information. We cannot ensure that information you share on the website will not become publicly available. You can reduce these risks by using common sense security practices such as choosing a strong password, using different passwords for different services, and using up to date antivirus software.
21. Questions / Changes in Notice