Privacy Policy
Latest Update：February 8, 2021
Introduction
This privacy policy informs you of your choices and our practices regarding any personal information you provide to us. Your use of the product(s), service(s) and related websites (“Service”) distributed by Hong Kong NetEase Interactive Entertainment Limited (“NetEase”, “we” or “us”) involves the collection and use of your personal information. It is important for you to understand how this happens and how you may control it.
When you contract to use the Service, you accept our rules and policies regarding your personal information and you expressly consent to us collecting, processing, using and storing your personal information, as described in this policy.
You acknowledge that you have read and understood this privacy policy. If you do not agree with this privacy policy, you must not use the Service. If you change your mind in the future, you may withdraw your consent to use of your personal information in accordance with this policy.
If you have any comments, questions or complaints regarding the processing of your personal information, you can contact us at gamegdpr@global.netease.com.
The Types of Personal Information We Use
This section describes the different types of personal information we collect and how we collect it. We will collect and use the following information about you:
• Information you give us. You give us information about you:
(i) when you register for the Service and link social media or similar accounts (e.g. Facebook, Twitter or Apple) in order to set up your profile (we import from your connected social media your personal information which includes your name as it appears on your social media profile and your profile picture);
(ii) when you set up your profile for the Service (including information you voluntarily elect to provide in order to customize gameplay);
(iii) when you submit your contact details to us (including your name, email address and physical address) as part of promotional activities for the Service; and
(iv) when you make purchases in the Service (in which case we will process the information you provide to us to facilitate the payment).
• Information we collect about you. We automatically collect certain data from you when you use the Service, including your IP address and device information (such as device type, network data, operating system) and information regarding your use of the Service, such as date and time stamps of actions. We also collect and store your data each time you interact with us, for example, when you use in-app support to communicate with us.
• Information you generate and display in the course of using the Service. You may provide additional information as part of your profile. You may also provide or generate information when you communicate with other users in the Service (e.g., chat log). You acknowledge and agree that information generated within our Service should not be considered private and communications within our Services may be viewed/heard by other users. Please avoid revealing any personally identifiable or sensitive information during such commutations.
Cookies
We use cookies and other similar technologies (e.g. web beacons, log files, scripts and eTags) (“Cookies”) to enhance your experience using the Services. Cookies are small files which, when placed on your device, enable us to provide certain features and functionality.
You have the option to permit installation of such Cookies or subsequently disable them. You may accept all cookies, or instruct the device/web browser to provide notice at the time of installation of cookies, or refuse to accept all cookies by adjusting the relevant cookie retention function in your device. However, in the event of your refusal to install cookies, the Service may be unable to operate as designed.
Children
Our Service is not intended for children and we do not knowingly collect information from children. If you believe that we have unintentionally collected your children’s personal information, you may request the deletion of the information by contacting us at gamegdpr@global.netease.com. In some cases we may ask the user to provide us with their birth date. If such information indicates the user is under the age stipulated by the applicable laws and deemed as child under such laws, we will not collect further personal information from the child until a parent/guardian‘s verifiable consent is obtained.
How We Use Your Personal Information
We will use the information in the following ways and in accordance with the following legal bases:
• Registration Information (such as: ID on third-party accounts ,nick name, avatar and other information): We use Registration Information to set-up user accounts, allow users to log-in to the Service and provide Services to users. We use this information with your consent to this Privacy Policy.
• Device Information (such as: device ID, device type, operating system, CPU, RAM, IP address, MAC address): We use this information to provide and improve the Service such as: to allow users to download and install the software on their devices; to record and keep track of requests from users of the Service; to detect the user network and device status when the user is using the Service; and to correct bugs or errors that occur when the user is using the Service. Use of Device Information is necessary to perform our contract with you to provide the Service.
• Contact Information (such as: name, email, address, phone number, instant messaging account): We use this information to send notifications to users to inform them of our promotional activities and any rewards they are entitled to. We use this information with your consent to this Privacy Policy.
• User Profile (such as : age, photo and etc.): We use this information to provide customized services to users such as personal information page. We use this information with your consent to this Privacy Policy.
• Game Data (such as: level, heroes, scores, chat logs and etc.): We use this information to provide Services to users as it is the basis of our Service. Use of Game Data is necessary to perform our contract with you to provide the Service.
How We Store and Share Your Personal Information
In order to perform our contract with you, your personal information will be accessible from and will be processed on our servers. Our servers are hosted on cloud servers such as Amazon Web Services. Your information may be transferred to and processed in countries outside the country you are located. We will take steps necessary to comply with applicable legal requirements, such as using European Commission approved Standard Contractual Clauses to protect your information. In particular, your information will be transferred to and processed in Japan where our central database is based.
We share your personal information with selected third parties in and outside your country, including:
• third-party vendors that provide services in support of the Service, such as Amazon Web Services (“AWS”) for the purpose of hosting the Game, Apple and Google for the purpose of providing payment services, Helpshift for the purpose of providing customer support, Facebook and Appsflyer for the purpose of the evaluation of our marketing events. Those third party vendors have limited access to your personal information and are contractually bound not use it for other purposes.
• related group companies, with whom we share your information to operate the Services. The transfers contemplated above are made pursuant to our contract with you; and
• law enforcement agencies, public authorities or other judicial bodies and organizations. We disclose information if we are legally required to do so, or if we have a good faith belief that such use is reasonably necessary to: (i) comply with a legal obligation, process or request; (ii) enforce our terms of service and other agreements, policies, and standards, including investigation of any potential violation thereof; (iii) detect, prevent or otherwise address security, fraud or technical issues; or (iv)protect the rights, property or safety of us, our users, a third party or the public as required or permitted by law (including exchanging information with other companies and organizations for the purposes of fraud protection).
The Security of Your Personal Information
We are committed to maintaining the privacy and integrity of your personal information no matter where it is stored. We have information security and access policies that limit access to our systems and technology. We deploy a firewall and other security measures （such as encryption）commensurate to industry standards to prevent unauthorized access to your personal information. Your personal information will remain subject to our technical and organizational controls and our policies and procedures (including this Privacy Policy).Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of the information transmitted to our services; any transmission of your information is at your own risk.
Data Retention
We will retain most of your personal information for the lifetime of your use of the Services (i.e. until account deletion in accordance with your request) except that Contact Information obtained from promotional activities will be retained during the lifetime of such activities.
In the event that the processing and retention period have terminated, but personal information is required to be retained continuously for other reasons including for the purposes as prescribed under applicable laws, the relevant personal information will be stored and maintained separately from other types of personal information. If you require us to destroy your personal information before the end of its life cycle, we will destroy your personal information in accordance with local laws.
Your Rights
This section (“Your Rights”) applies to users that are located in the European Economic Area only. For users located in other territories, please refer to the privacy clauses in our User Agreement.
You have certain rights in relation to the personal information we hold about you. Some of these only apply in certain circumstances (as set out in more detail below). We must respond to a request by you to exercise those rights without undue delay and at least within one month (though this may be extended by a further two months in certain circumstances). To exercise any of your rights, please contact us at gamegdpr@global.netease.com. Please understand further information may be required to verify your identity when exercising your rights.
Access
You have the right to access personal information we hold about you, how we use it, and who we share it with. If you believe we hold any other personal information about you, please contact us and complete the corresponding request form.
Portability
You have the right to receive a copy of certain personal information we process about you. This comprises any personal information we process on the basis of your consent or pursuant to our contract with you, as described in the section “How We Use Your Personal Information”. You have the right to receive this information in a structured, commonly used and machine-readable format. You also have the right to request that we transfer that personal information to another party.
If you wish for us to transfer such personal information to a third party, please ensure you detail that party in your request. Note that we can only do so where it is technically feasible. Please note that we may not be able to provide you with personal information if providing it would interfere with another’s rights (e.g., where providing the personal information we hold about you would reveal information about another person or our trade secrets or intellectual property).
Correction
You have the right to correct any personal information held about you that is inaccurate. If you believe we hold any other personal information about you and that information is inaccurate, please contact us and complete the request form.
Erasure
You can delete your account, or remove certain personal information. If there is any other personal information you believe we process that you would like us to erase, please contact us and complete the request form.
You may request that we erase the personal information we hold about you in the following circumstances:
• you believe that it is no longer necessary for us to hold such personal information; or
• you believe the personal information we hold about you is being unlawfully processed by us.
You can also exercise your right to restrict our processing of your personal information (as described below) whilst we consider your request.
We may need to retain personal information if there are valid grounds under data protection laws for us to do so (e.g., for the defence of legal claims or freedom of expression) but we will let you know if that is the case. Where you have requested that we erase personal information that has been made available publicly on the Service and there are grounds for erasure, we will use reasonable steps to try to tell others that are displaying the personal information or providing links to the personal information to erase it too.
Restriction of Processing to Storage Only
You have a right to require us to stop processing the personal information we hold about you other than for storage purposes in certain circumstances. Please note, however, that if we stop processing the personal information, we may use it again if there are valid grounds under data protection laws for us to do so (e.g., for the defense of legal claims or for another’s protection). As above, where we agree to stop processing the personal information, we will try to tell any third party to whom we have disclosed the relevant personal information so that they can stop processing it too.
You may request we stop processing and just store the personal information we hold about you where:
• you believe the personal information is not accurate for the period it takes for us to verify whether it is accurate;
• you wish to erase the personal information as the processing we are doing is unlawful but you want us to retain the personal information but just store it instead; or
• you wish to erase the personal information as it is no longer necessary for our purposes but you require it to be stored for the establishment, exercise or defense of legal claims.
Objection
You have the right to object to our processing of personal information about you. We will consider your request in other circumstances as detailed below by contact us and completing the request form.
Announcements
We may from time to time send you announcements when we consider it necessary to do so (such as when we temporarily suspend The Service access for maintenance, or security, privacy or administrative-related communications). You may not opt-out of these service-related announcements, which are not promotional in nature.
Contact & Complaints
For the purposes of European Data Protection Law, the Data Controller is Hong Kong NetEase Interactive Entertainment Limited.
In the event that you wish to make a complaint about how we process your personal information, please contact us in the first instance.
--Contact Information--
Name: Hong Kong NetEase Interactive Entertainment Limited
Mail: gamegdpr@global.netease.com
Designated EU representative and contact information:
GDPR-Rep.eu
Maetzler Rechtsanwalts GmbH & Co KG
Attorneys at Law
c/o Hong Kong NetEase Interactive Entertainment Limited
Schellinggasse 3/10, 1010 Vienna, Austria
Please add the following subject to all correspondence:
GDPR-REP ID: 17942453
This is without prejudice to your right to launch a claim with the data protection authority in the country in which you live or work where you think we have infringed data protection laws.
Changes
If we make any material changes to this policy, we will post the updated policy here and notify our users. Please check this page frequently to see any updates or changes to this policy.
Language
This Agreement may be translated into the local language in the relevant territory. In the event of a conflict between this Agreement in the English language version and the localized version, the English language version shall prevail.
USER AGREEMENT
1 About These Terms
1.1 This Agreement is entered into by and between you and Hong Kong NetEase Interactive Entertainment Limited (hereinafter referred to as "NetEase", "we", "us" or "our") in relation to our online game and any related services (together referred to as our "Game"). You agree that by accessing and/or playing our Game, you are binding to this Agreement. In addition, when using our Game, you may be subject to any posted guidelines or rules applicable to such Game which may be posted from time to time.
1.2 We may update this Agreement from time to time by posting the amended terms in our Game or websites. Your continued use of our Game will be deemed as your acceptance of the updated agreement.
1.3 YOU CONSENT TO ENTERING THESE TERMS ELECTRONICALLY, AND TO THE STORAGE OF RECORDS RELATED TO THESE TERMS IN ELECTRONIC FORM.
2 Accounts
2.1 Subject to the laws of your residence country, minor children may utilize an account established by their parent or legal guardian. If you permit your minor child or legal ward (collectively, your "Child") to use an account, you hereby agree to this agreement on behalf of yourself and your Child, and you understand and agree that you will be responsible for all uses of the account by your Child whether or not such uses were authorized by you.
2.2 You agree that you will make necessary efforts to protect your account information and keep it confidential. You agree that you may not transfer your account as well as any of your rights or obligations under this Agreement to anyone else or share your account information with others without our prior consent.
3 Virtual Goods and Virtual Money
3.1 Our Games may include virtual currencies such as coins, gold coins and points ("Virtual Money") or items or services for use with our Games ("Virtual Goods"). .
3.2 Virtual Goods and Virtual Money can be used for so long as we operate a Game unless specially marked with duration or maximum charges. The license of use will be terminated if the duration expires or the maximum charges are reached.
3.3 Unless otherwise specified, you may not transfer the Virtual Good or Virtual Money in any way once you purchase it, including but not limited to transaction, gift and exchange for real money.
3.4 YOU AGREE THAT ALL SALES BY US TO YOU OF VIRTUAL MONEY AND VIRTUAL GOODS ARE FINAL AND NOT REFUNDABLE, UNLESS APPLICABLE LAWS SPECIFY OTHERWISE.
4 User Conduct and content
4.1 You must follow applicable laws of the jurisdiction where you are located when visiting our Game. If any applicable laws restrict or forbid you from playing our Game, you shall follow such restrictions or stop visiting and/or playing our Game.
4.2 You or other users may send, upload, communicate, transmit or provide in other methods, information, data, software, sound, photographs, graphics, video, tags, or other materials via our Games ("Content"). You are exclusively responsible for any and all Content that you may upload, communicate, transmit or otherwise make available via our Games, either published in public or sent in private.
4.3 Regarding to the Content in the Game, you agree to comply with applicable laws and to the following:
4.3.1 You will not upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or discriminatory, pornographic sexually explicit or otherwise;
4.3.2 You will not post any that content that contains viruses, corrupted data, or other harmful, disruptive, or destructive files;
4.3.3 You will not post content that will be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
4.3.4 You will not upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
4.3.5 You will not upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; and
4.3.6 You will not post any content that contains anything that, in the sole determination of NetEase, is objectionable or inhibits any other person from using or enjoying the Games, or which may expose NetEase or its users to any harm or liability of any kind.
4.4 By playing our Game, you agree that you will not:
4.4.1 except for a necessary backup for playing our Game, reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of our Game;
4.4.2 use our Games in violation of any laws, regulations, decrees, orders, injunctions, or any other mandatory limitations imposed by any governmental branches, including legislation, administration and judiciary;
4.4.3 use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify any part of the Game, collect any information of the Game or connect to the Game;
4.4.4 use our Games for any purpose other than a reasonable person is likely to believe is within the spirit of playing, specifically including without limited to commercial purposes;
4.4.5 reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works based on our Game, any Content created by others or any portion thereof, in whole or in part;
4.4.6 remove or amend any patent notice, copyright notice or other intellectual property information from our Games;
4.4.7 collect any information, other than reasonably necessary for playing the Games, of other users; and
4.4.8 use our Games in any other way not permitted by this Agreement or any posted guidelines or rules.
5 Access
5.1 You are responsible for obtaining and maintaining necessary devices for playing our Games, including but not limited to mobile phones and pads, and for device fees, including but not limited to Internet fees, data fees and electricity fees. You recognize that these fees are paid to third parties not relevant to this agreement and shall not incur any liability of us under this agreement.
5.2 You understand that due to the specialty of the online games, we may update our Game from time to time, which may block your access to the Game for a period of time and result in the modification of the content of the Game. We are not liable for any losses incurred by such updates except for those due to our intent or gross negligence. Unless under an urgent circumstance, we will inform you of such update in advance.
6 Disclaimer
6.1 Although we endeavor to provide the accurate and reliable services of our Game, you expressly understand and acknowledge that OUR GAME, AS WELL AS THE RELATED SERVICE AND INFORMATION, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY OR BUG/ERROR/DEFECT-FREE.
6.2 Without limiting our liabilities expressly set forth herein or required by the applicable laws, you expressly understand and agree that WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE INABILITY TO USE OUR GAME, AND/OR RELATED SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR GAMES, AND/OR RELATED SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY IN OUR GAME, AND/OR RELATED SERVICES; OR (V) ANY OTHER MATTER RELATING TO OUR GAMES, AND/OR RELATED SERVICES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO US DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE TIME SUCH CLAIM AROSE.
7 Breach and Indemnification
7.1 In case we reasonably find that you have breached this Agreement or any posted guidelines or rules, we may take such actions as we deem appropriate, including but not limited to: (i) removing any involved content; (ii) restoring your Game data to the status before your breach; (iii) terminating your right to use our Game; (iv) taking legal action against you or disclosing relevant information to law enforcement authorities and (v) any other actions set forth in any posted guidelines and rules.
7.2 You will indemnify and hold us harmless from any and all third party claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and expenses), relating to or arising under or out of the relationship between you and us described in this Agreement, including but not limited to any breach of this Agreement. You hereby agree that we shall have the right to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.
8 Intellectual property
8.1 NetEase and our associated logos and names are our trademarks and/or service marks. Other marks, names and logos used in the Game, are the trademarks, service marks or logos of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks, service marks or logos.
8.2 The Games and all content and software associated with them including without limitation any and all Virtual Goods and Virtual Money (collectively referred to as our “Work”) may be protected by the laws of copyright, trademark, patent, trade secret and/or other laws, and we reserve and retain all rights (including without limitation the intellectual property rights and ownership) in our Work. Subject to the terms and conditions of this Agreement and any applicable posted guideline or rules, we hereby grant you a royalty-free, limited, revocable, non-sublicensable and non-exclusive license to use and reproduce our Work solely for your personal use in connection with our Game. Unless expressly set forth herein, you may not otherwise reproduce (other than incidental reproduction required to run the Games on your device), distribute, disseminate to the public, make available, adapt, publicly perform, or publicly display our Work or any adaptations thereof.
8.3 The license granted herein will automatically terminate in the event of your breach of this Agreement.
9 Privacy
9.1 By playing our Game or using any related services, you may provide the following information to us:
9.1.1 Login information which is used to identify specific users of the Game and may include game account or any third party account to log in the Game. When you register a game account we will expressly indicate the information to be provided. If any third party account is used to log in the Game, your information will be collected subject to the private policy of such third party.
9.1.2 Non-personally identifiable information formed or provided during your use of our Game or any services related, such as your gaming duration, device, IP address, operating system and geographic position. Just for clarification, your geographic position will be collected with your further consent and only to improve your experience in our Game. You can use most services of our Game without providing your geographic information.
9.1.3 Your interactions with us, including but not limit to claims, critics, suggestions, feedbacks, and investigations.
9.2 The above information may be provided by you when you: (1) register for an account; (2) update your account; (3) request technical service support; (4) purchase products or services; (5) enroll in subscription orders; (6) subscribe to e-mail newsletters or updates; or (7) make payments for items and advanced functions, within our Game or any related services.
9.3 We will collect, dispose and use your information in accordance with this Agreement. Your continued use of our Game will deem as your acceptance for us to obtain, utilize and use your information subject to this Agreement.
9.4 Information collected under this provision will be only used for:
9.4.1 Provision of our game to users;
9.4.2 Enhancement of user experience;
9.4.3 Identification of the most popular part of our game and estimation of our marketing initiatives; or
9.4.4 Notification of the Game updates to users.
9.5 Under and only under the following circumstance, information collected under this provision will be disclosed to the designated third parties:
9.5.1 For the purpose set forth above, our affiliates or sub-contractors may be commissioned to process such information, provided that such affiliates or sub-contractors comply with terms and conditions hereunder.
9.5.2 We may also disclose such information (i) as you required; (ii) a regulatory requirement, judicial proceeding, court order or legal process served on us; or (iii) to protect the safety, health, right, or property of others, public or ourselves.
9.6 We will safely manage the information provided by you with reasonable care and comply with the applicable laws and regulations.
9.7 Our Game may contain links to many other web sites or applications, users shall read the corresponding privacy policies carefully in the access to those web sites or applications. We will not be responsible for the acts of such websites or applications.
10 Governing law and Jurisdiction
10.1 The User Agreement between you and us shall be governed by the laws of the Hong Kong, as an agreement wholly performed, negotiated and executed therein without regard to Hong Kong’s conflict of law rules. Any disputes relating in any way to or arising under or out of your use of the Games or the User Agreement shall be binding upon the arbitration held by the China International Economic and Trade Arbitration Commission (“CIETAC”) Hong Kong Arbitration Center. You hereby consent to personal jurisdiction and venue in CIETAC Hong Kong Arbitration Center.
11 Miscellaneous
11.1 Transfer.
You agree that we may transfer all or a part of our rights or obligations under this Agreement to a third party upon prior notice to you.
11.2 Entire agreement
This Agreement sets forth the entire agreement between you and us, and supersedes and replaces any and every other prior or contemporaneous agreement, understanding or negotiation that may have existed between you and us.
11.3 Severability
If, but only to the extent that, any provision of this Agreement is declared or found to be illegal, unenforceable, or void, then both you and us shall be relieved of all obligations arising under that provision, it being the intent and the agreement of you and us that this Agreement will be considered to be amended by modifying the provision to the extent necessary to make it legal and enforceable while preserving its intent. If that is not possible, it shall be substituted with another provision that is legal and enforceable and achieves the same objective. If the remainder of this Agreement is not affected and is capable of substantial performance, then the remainder shall be enforced to the extent permitted by law.
11.4 Waivers of our rights
The failure of us to enforce at any time or for any period of time any of the provisions hereof shall not be construed to be a waiver of such provision or of the right of us thereafter to enforce each such provision. No waiver of any term or condition of this Agreement shall be valid or binding on us unless the same shall have been set forth in a written document, specifically referring to this Agreement and duly signed by us.
11.5 Contact Us
Questions regarding this User Agreement or the privacy practices of us should be directed to gameonmyoji@service.netease.com