BACKPrivacy Policy1 DEFINITIONS1.1.
Account: means an account you create with us to use our Services.1.2.
CCPA: means the California Consumer Privacy Act 2018.1.3.
Child or Children: means any person under the age of 16 in the EU or under the age of 13 anywhere else in the world.1.4.
Company or we or our or us: means Foony Limited.1.5.
DII: means device-identifiable information.1.6.
EEA: means the European Economic Area.1.7.
EU: means the European Union.1.8.
GDPR: means the General Data Protection Regulation.1.9.
PII: means personally identifiable information.1.10.
Privacy Policy: means this privacy policy describing the data practices of Foony Limited.1.11.
Services: means the services we provide and host including but not limited to use of our website, gaming, game hosting, chat rooms, selling of virtual skins, and so on.1.12.
Terms of Service: means the terms and conditions for our Services to be read in conjunction with this Privacy Policy.1.13.
user or users or you or your: means the person or entity using the Services.2 INTRODUCTION2.1.
We are based in New Zealand and comply with the New Zealand Privacy Act 2020 and other relevant privacy and data protection laws when we deal with personal information.
We are committed to complying with any international obligations that are applicable, or may become applicable during the course of providing you the Services, including our obligations under the GDPR and the CCPA.2.2.
We use Google servers for the Services which are located in the United States.2.3.
This Privacy Policy describes how we collect, use, and share your personal information.2.4.
We do not sell your personal data to third parties, nor provide your personal data to marketing companies or other related organisations without your prior consent.2.5.
If you are based in the European Union and use the Services then the additional terms of this Privacy Policy relating to the GDPR will apply to you.2.6.
If you are a resident of California you may have a right under the CCPA to request information we have collected about you, and/or request this information be deleted, and/or opt out of the sale of your personal data to third parties.2.7.
This Privacy Policy in no way limits or excludes any of your rights in relation to the New Zealand Privacy Act 2020.2.8.
By using the Services you are consenting to the terms of this Privacy Policy including the processing of your data in the manner described in this Privacy Policy.2.9.
If you believe we have breached our privacy obligations, please contact us on one of the addresses noted in clause 13 below.3 INFORMATION WE COLLECT3.1.
Whenever you access or make use of our Services, we may collect PII and DII about you and about the Services you use and how you use them.
3.2.
PII is information that can be used to identify you online or offline.
This includes your name, address, birthdate, and email.
We may collect PII when you provide this to us, for example when you use our Services, contact us, or connect with us on social media or through one of our partners.3.3.
DII is information that can be used to identify your device, such as your IP address, gamer ids, cookies, statistical identifiers, usernames, and similar identifiers that are linked to a browser, device, or external account.3.4.
Your Account may include both PII and DII and may be linked to your gameplay data, such as in-game performance history, in-game communications (such as text chat), game event progression history, game rewards history, server whispers, play time, screenshots, and more.3.5.
We log information about your interactions when using our Services, for example we keep records of the chat logs until a room has ended, and server whispers and player to player whispers are kept indefinitely.3.6.
We collect information from log files, including IP addresses, browser type, internet service providers, date and time stamps, number of clicks, and referring/exit pages.3.7.
We collect data about your other interactions while using our Services, including navigation paths, search queries, crashes, timestamps, clicks and shares, mouse movements, time spent using our Services and referral URLS, which we may combine with your PII and DII.4 USE OF COLLECTED INFORMATION4.1.
We use the information provided by you to:a) Provide the Services to you;b) Maintain, protect, and improve our Services;c) To verify your identity and prevent your Account being used by others;d) Carry out updates and requested password resets;e) Fulfil any subscription, consideration for payments made, or orders for merchandise made through our website and Services;f) With your consent provide you with newsletters, notices, and other marketing materials;g) Respond to communications from you;4.2.
We use the information collected from your use of our Services to:a) Monitor the performance of our Services and ensure our Services perform as efficiently as possible;b) Maintain system security and integrity;c) Conduct statistical analysis, for example relating to trends, movement on our website, and demographics.4.3.
We may also use your information to:a) Protect or enforce our legal rights and interests, including defending any claim;b) Respond to any lawful requests by public authorities, including where required as part of our obligations to law enforcement;c) Carry out any other purpose authorised by you.5 SHARING COLLECTED INFORMATION5.1.
We do not sell your personal data to third parties, nor provide your personal data to marketing companies or other related organisations without your prior consent.5.2.
We may disclose your information to any person or entity with your authorisation and consent.5.3.
We may disclose your information without your consent:a) To any of our supporting businesses, for example any host of an underlying IT system, external processors, hosts of data centres we use, or any required party to process a payment or to fulfil a merchandising order.b) To our professional advisors, for example our lawyer, accountant, or auditor.c) When we in good faith believe it is necessary to comply with any applicable law, enforceable government request, or to meet legal requirements.d) To detect or prevent fraud, or to protect against our other users or the public as required or permitted by law.e) To enforce the Terms of Service or any other agreement we may have with you.f) In the event of a sale or merger of the Company.
Under these circumstances your use of the Services and your relevant information would be transferred to the buyer.
We would take reasonable endeavours to notify you of such an event.g) For our other legitimate interests, except where these interests would be overridden by your fundamental rights and freedoms which require the protection of your personal data.
5.4.
We may use and publish non-personal statistics and group data about the people who access and use our Services.6 PROCESSING COLLECTED INFORMATION6.1.
We have legitimate reasons for processing your information, which non-exhaustively includes:a) Processing your username, cookie data, IP address, game network IDs, gameplay data, virtual currency, and similar information to enable us to provide high quality games and related products;b) Processing group information and relationships of users to facilitate matchmaking features, debugging, and analytics;c) Processing user chat data in and out of games to enable social features, and to moderate content that violates our Terms of Service;d) Conducting analytics to measure usage and conversions, detect fraudulent users, implement and update data security measures;e) Processing purchase history for the purchase of providing you with help in recognising and resolving purchase and payment issues.7 PROTECTING COLLECTED INFORMATION7.1.
No data transmission over the internet can be guaranteed as completely secure.
However we take reasonable steps to keep your personal information safe.
We implement technical and organisational measures to ensure that we maintain a level of security appropriate to the inherent risks in processing personal information.7.2.
We will notify you when there is a notifiable breach of privacy in accordance with the New Zealand Privacy Act 2020.8 CHILDREN8.1.
We respect the privacy of Children and do not intentionally collect information from persons aged under 16 in the EU, and under 13 everywhere else in the world.8.2.
If you are under the age of 16 and based in the EU, or under the age of 13 and based anywhere else in the world, you must not provide us with any of your own personal information while registering an Account, and must instead register an Account using your parent or guardian’s email.8.3.
If any parent or guardian believes that their Child has submitted personal information to us, please contact us at privacy@foony.com after which we will make reasonable efforts to delete any of that Child’s personal information.9 THIRD PARTIES9.1.
We strive to work with respected companies with privacy policies and legislative obligations similar to our own, however this Privacy Policy does not extend to products, sites, or services offered by third parties while you are using our Services.9.2.
We may use third parties to assist with offering you suitable advertising and improving our Services, however we do not control any third party’s privacy policies and cannot be held liable for their actions or practices.
For the avoidance of doubt this includes social networks and ad networks.9.3.
If you follow a link on our website to another website, the owner of that website will have its own privacy policy which you should review before providing any personal information to that website or its owner.
We cannot be held responsible for the consequences of you providing information to third parties.9.4.
By using our Services you agree by extension to the privacy policies of the third parties we engage in order to carry out the Services, in particular we note the following:Google Advertising: We use Google Advertising, a third party vendor who uses cookies to serve ads to users based on their prior visits to our website and Services.
You may opt out of a third party’s use of cookies by visiting your ads settings.
For more information about Google’s policies you can visit https://policies.google.com/?hl=en-US Millicast: Some of our Services allow for the use of webcams.
We use Millicast to host and stream webcams when webcams are used in conjunction with our Services.
While we do not record you without your permission, by using our Services you consent to us holding snippets of videos created while using the Services for the purposes of ensuring a user is not breaking any applicable law.
Millicast’s privacy policy can be viewed at https://www.millicast.com/privacy/ Firebase Authentication: We use Firebase Authentication for access tokens and refresh tokens which makes use of IndexedDB.
Firebase Authentication is a part of Google Developers, and more information on their privacy policy can be found at https://policies.google.com/privacy Google reCAPTCHA v3: We use reCAPTCHA v3 as a means of preventing spam and abuse on our website and within our Services.
We do not use reCAPTCHA v3 for any other purposes such as determining credit worthiness, employment eligibility, financial status, or insurability of a user.
More information of reCAPTCHA v3’s privacy policy can be found at https://policies.google.com/privacy 10 TRANSFERS OF PERSONAL INFORMATION10.1.
As previously noted our servers are hosted by Google in the United States.
This means that Google is a business that supports the Services while being located outside of both the EEA and New Zealand.
Please refer to the GDPR Terms below relating to personal data transfers from the EEA.10.2.
We take reasonable steps to maintain secure internet connections, however if you provide us with information over the internet this is done at your own risk and we take no responsibility for breach of your privacy while doing so.11 PUBLIC INFORMATION11.1.
Any personal information that you post on any public website related to our Services is publicly available and we are not liable for any consequences of you doing so.11.2.
Non-personal information relating to your Account such as friends, opponents, followers, games you have played, your scores, play time, your subscription status, trophies/medals/achievements, and game stats will be available to the public.12 ACCESS TO AND CORRECTION OF PERSONAL INFORMATION12.1.
Subject to specific grounds of refusal within the New Zealand Privacy Act 2020 and other applicable laws you are entitled to access information we hold about you, and as long as we hold that information and it can be readily retrieved we are obligated to provide said information to you.12.2.
You are entitled to request that we correct any inaccuracies in the personal information we hold about you.13 CONTACTING US13.1.
Any request for information or request to correct information can be made to privacy@foony.com13.2.
Any notification or request relating to legal matters can be made to legal@foony.com13.3.
Any other questions about our Services or your information held can be made to support@foony.com14 GDPR TERMS14.1.
The GDPR regulates the collection, processing, and transfer of EU individuals’ personal data.14.2.
If you are based in the EU and use our Services, these GDPR terms will apply to you and form part of our Privacy Policy and our Terms of Service.14.3.
If you are based in the EU and provide us with personal information then we may be a “data controller” as defined in the GDPR, and the personal information you provide to us may be “personal data” as defined in the GDPR.14.4.
We are committed to complying with the GDPR when users based in the EU visit our website or use our Services.14.5.
Processing personal data: Your personal data that we process may consist of the personal data referred to thus far in this Privacy Policy.
There may be several legal bases for processing under the GDPR and similar laws, but in particular these include:a) Where we have your consent to do so;b) Where we need to do so in order to perform our obligations under a contract with you;c) Processing your username, cookie data, IP address, game network IDs, gameplay data, virtual currency, and similar information to enable us to provide high quality games and related products;d) Processing group information and relationships of users to facilitate matchmaking features, debugging, and analytics;e) Processing user chat data in and out of games to enable social features, and to moderate content that violates our Terms of Service;f) Conducting analytics to measure usage and conversions, detect fraudulent users, implement and update data security measures;g) Processing purchase history for the purchase of providing you with help in recognising and resolving purchase and payment issues.h) Where necessary to comply with applicable laws or regulations.14.6.
Choice: If you choose not to allow us to collect information in accordance with this Privacy Policy we may suspend or limit your access to any part or all of the Services.
We note that we require your email address and username in order to set up an Account for use of our Services.If you choose to close your account you can do so by accessing our platform or contacting us at support@foony.com 14.7.
Your rights: In relation to your personal data under the GDPR, your rights include, subject to legal exceptions:a) Access: if you request it we will confirm whether we are processing your personal data including the purposes, categories, source and use of the data and any automated processing of profiling being applied and provide you with a copy of that personal data.b) Rectification: if the personal data we hold about you is inaccurate or incomplete, you have the right to have it corrected or completed.
If your personal data has been shared with any third parties, where possible we will tell that third party about the correction.c) Erasure: we will delete your personal data when it is no longer needed for the purposes for which it was provided.
If you request that we delete your personal data we will do so as long as it does not breach any applicable laws.
If your personal data has been shared with any third parties, we will take reasonable steps to inform those third parties that the personal data needs to be deleted.d) Withdraw consent: if we are processing your data based on your consent only, you may withdraw that consent at any time.e) Restrict processing: under certain circumstances you may request that we restrict or block the processing of your personal data.
If your personal data has been shared with third parties, we will tell them about your request where possible.f) Object to processing: you may request that we cease processing your personal data at any time and we will do so to the extent required by the GDPR.g) Data portability: where you have consented to provide us with your personal data, or your personal data was necessary for us to perform a contract with you, you may obtain this personal data from us.
We will provide this personal data in a commonly used, machine-readable and interoperable format to enable data portability to another data controller.
Where technically feasible, and at your request, we will transmit your personal data directly to another data controller.h) Complain to a supervisory authority: you have the right to report any concerns you have about our privacy practices to the relevant data protection supervisory authority.
For example in the United Kingdom this is the Information Commissioner’s Office.i) Where personal data is processed for the purposes of direct marketing, you have the right to object to such processing, including profiling related to direct marketing.
If you would like to exercise any of your above rights, please contact us at support@foony.comIf you are not satisfied with the way we deal with your query, you may refer your query to your local data protection authority.14.8.
Children: We have no intention to collect personal data from EU citizens under the age of 16.
If you believe anyone under the age of 16 has provided personal data to us, please contact us at support@foony.com 14.9.
Transferring data out of the EAA: The personal data we collect is stored in a country operating outside of the EAA.
Under the GDPR transferral of personal data from the EAA to a country outside of the EAA should only take place where the European Commission has decided that the country in question has an adequate level of protection.
Where there has been no adequate decision on a country, we may transfer your data to that country provided adequate safeguards are in place.Some of your personal data is processed in New Zealand, which is recognised as having an adequate level of data protection by the European Commission.Some of your personal data is processed by Google in the United States.
Currently the United States is not recognised as having an adequate level of data protection with regards to the GDPR.
By using our Services you acknowledge that you have been informed that your data will be processed in the United States which has less strict privacy laws and all the risks associated with that.
You acknowledge that your consent is freely given, processed for the reasons previously noted, and is unambiguous.14.10.
Data retention: personal data that we collect and process will not be kept longer than necessary for the purposes for which it is collected, or for longer than necessary to comply with applicable law, whichever is the longer.14.11.
Contact: if you have any concerns in relation to our Privacy Policy you can contact us at the addressed in clause 13 above.15 CHANGES15.1.
This Privacy Policy was last updated on 18 April 2021.15.2.
This Privacy Policy may change from time to time to reflect changes in business practice, legislation, or market realities.
We encourage you to review this Privacy Policy regularly to stay aware of any updates.15.3.
We reserve the right to change this Privacy Policy at our full discretion from time to time.
We will not be responsible for the consequences of you continuing to use our Services following any change in this Privacy Policy.