SOCIAL MEDIA PRIVACY NOTICE
This privacy notice is issued by KONAMI DIGITAL ENTERTAINMENT B.V. (“Konami Europe”, “we”, “us” or “our”), a company incorporated in the Netherlands which has its business headquarters at 14-16 Sheet Street, Windsor, SL4 1BG, United Kingdom (our “UK Headquarters”) and has branches in the European Economic Area (“EEA”) in France, Germany and Spain (together, our “EU Branches”).
We offer various content across social media platforms such as Facebook, Instagram, Twitter, Twitch, YouTube and Discord (“Social Media Platforms”) about our games and other products or services (“Social Media Services”).
The way in which we collect, use and protect your personal data when you interact or have contact with us from your use of, or in relation to, our Social Media Services and our content on Social Media Platforms, is very important to us to ensure that we meet your expectations and our legal requirements under Data Protection Laws (as defined below). How we do this is explained in more detail in the following sections of this privacy notice:
1. HOW WE ARE REGULATED UNDER DATA PROTECTION LAWS
2. OUR USE OF YOUR PERSONAL DATA
3. DATA RETENTION AND DATA SECURITY
4. OUR SHARING OF YOUR PERSONAL DATA WITH OTHER COMPANIES
5. TRANSFERS OF YOUR PERSONAL DATA TO OTHER COUNTRIES
6. THIRD PARTY COLLECTION OF YOUR PERSONAL DATA
7. YOUR RIGHTS AND REQUESTS TO KONAMI
Please note that when we process your personal data in connection with providing you with specific products and services, then our other privacy notices may apply. For example, if you use Social Media Platforms to participate in our online giveaways and competitions, then the personal data we collect from you for that purpose will be processed in accordance with our separate Social Media and Online Campaigns Privacy Notice which can be accessed here: https://www.konami.com/games/eu/en/topics/15375/.
For more information about our other privacy notices which may apply, please see Section 8 “Other privacy notices” (below). This privacy notice is intended to supplement our other applicable privacy notices, and should be read together with them.
We may change, add to, or delete any part of this privacy notice from time to time. You can obtain the latest version of this privacy notice from [https://legal.konami.com/kdee/privacy_notice/].
As we operate our business through our UK Headquarters and our EU Branches, we will process your personal data in accordance with applicable UK, EU and national laws and regulations on data protection (collectively, “Data Protection Laws”). Data Protection Laws apply to our processing of your personal data as follows:
· Where our UK Headquarters is the controller of your personal data, the principal Data Protection Laws which we comply with are the UK Data Protection Act 2018 and the UK GDPR (being the GDPR (as defined below) as it applies in the UK after Brexit).
Our UK Headquarters is registered as a controller with the Information Commissioner’s Office (ICO registration number ZA029809), which is the Data Protection Authority in the UK (see Section 7 below). The EU’s GDPR (as defined below) may also apply to our UK Headquarters’ processing of your personal data in certain circumstances.
· Where one of our EU Branches is the controller of your personal data, the principal Data Protection Laws which we comply with are the General Data Protection Regulation 2016/679 (“GDPR”) and related national laws in the relevant EU Member States.
Our French branch acts as our main establishment under the GDPR for any cross-border processing of personal data within the EEA, and is based at 35 Rue Pierre Brossolette, Levallois Perret 92300, France. Our French branch has also been designated by our UK Headquarters as its GDPR representative in the EU for certain processing activities.
Processing purposes
Depending on your use of Social Media Platforms and Social Media Services, and how we use Social Media Platforms to interact with you, your personal data may be used for some or all of the following purposes (“Social Media Data Use Purposes”):
· To provide content to you about our products or services.
· To advertise and promote our products or services. We will not use your personal data to engage in direct marketing.
· To monitor the effectiveness of our advertising and promotional activity about our products or services on Social Media Platforms.
· To develop our products and services.
· To handle any enquiries or complaints from you about our Social Media Services.
· If you are an influencer, celebrity or social media personality (“Influencer”), to identify and contact you and to use your services to advertise and promote our products or services.
· To allow you to watch or participate in events (such as gaming events and tournaments, including Yu-Gi-Oh! Remote Duel) hosted, broadcast or published online using Social Media Platforms (“Event(s)”), including to:
o report on the results, statistics and analysis of the Event(s);
o (where relevant) updating and managing your Event(s) results for your Konami Card Game ID account;
o distributing/streaming the Event(s) on the Social Media Platform (live and/or recorded);
o keeping records of the Event(s);
o publishing Event participant interviews;
o shipping of prizes; and
o communicating with you in connection with possible penalties, disqualification and/or suspension from future Event(s).
We will not use your personal data to make decisions about you based on profiling or other forms of automated processing which could affect you legally or in any other similarly significant way.
Collection of personal data
We may collect your personal data from Social Media Platforms in connection with providing you with Social Media Services, for example when you:
· Follow, like or subscribe to our account(s) or page(s) across Social Media Platforms.
· Interact or respond to our posts or direct mailings from a page or channel we run (for example, when you like or comment on a post made by us).
· Post or interact with posts that use branded hashtags (e.g. “Konami”, “eFootballPES” or “Yu-Gi-Oh!”).
Types of personal data
The types of your personal data collected may include some or all of the following:
· name (first name and surname);
· age;
· social media username, handle or account page;
· images or videos (including audio of your voice) posted by you on Social Media Platforms or created when you participate in Events;
· details about your social media usage (such as who you follow, your likes and dislikes);
· IP address;
· certain inferred data created by the Brandwatch service, for example inferred gender, age, purchase intentions and positive sentiments (as explained below);
· any location-related information which you make available through your specific privacy settings on each Social Media Platform or which can be determined from your IP address (for example, your country or city). We will not actively seek to determine your location or to use any location-related information which you make available through your use of Social Media Platforms or Social Media Services to engage in any monitoring of your movements; and
· where you are an Event participant, your Konami Card Game ID, Konami ID, game records (including information relating to possible penalties, disqualifications and/or suspensions and prize shipping forms including home address).
If you are an Influencer, we may also collect the following information to assess your influence on Social Media Platforms, to identify and contact you in connection with opportunities to use your services to advertise or promote our products or services, and to engage you for such services:
· Information about your influence on Social Media Platforms (including information made available to us by Brandwatch, as explained below).
· Information about you and the history of your business as an Influencer.
· Your personal data from third parties including, your image rights company (if applicable), agencies or Influencer marketing platforms (such as Keymailer), if you have signed up with them.
· Your bank details if we are paying you for your services.
Some of your personal data which we use for the purposes explained above is made available to us by Brandwatch, whose social media database and analytics services we use to obtain information on Social Media Platform trends and to identify Influencers. Brandwatch is an independent controller in respect of your personal data and you can find out more about how they collect and use your data (including how they create inferred data), and your rights and how to exercise them, by reviewing their Author Privacy Statement:
https://www.brandwatch.com/legal/author-privacy-policy/
Lawful basis for processing
The lawful basis for us to process your personal data in connection with providing you with Social Media Services, is that it is necessary for our legitimate business interests in providing, as well as for your interest in receiving, Social Media Services, for the Social Media Data Use Purposes set out above (Article 6(1)(f) UK GDPR/GDPR).
If you are an Influencer and we have a contract for your provision to us (or the Konami Group companies) of social media related services then, to the extent that we need to process your personal data in order to perform our contract with you under the applicable contractual terms, our lawful basis is performance of a contract (Article 6(1)(b) UK GDPR/GDPR). In such cases, if you do not provide the personal data which we need in order to enter into or to perform a contract in respect of your services, then we may not be able to contract with you. In all other cases, our lawful basis for processing Influencers’ personal data is legitimate interests, as explained in the previous paragraph.
Your right to object
Where we rely on legitimate interests to process your personal data for the Social Media Data Use Purposes, you have the right to object to our processing, as described below in Section 7.
Data retention
We keep your personal data for as long as it is necessary for us to provide you with Social Media Services. If you are an Influencer and we have a contract for your provision to us of social media related services, then we will retain your personal data for the duration of your performance of the services.
We may retain your personal data for a longer period:
· to the extent necessary to comply with applicable laws;
· in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you; and/or
· where we have a legitimate interest to do so and where such retention is necessary for our legitimate interests.
Data security
In accordance with Data Protection Laws, we have implemented (and require our service providers to implement) appropriate technical and organisational security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, damaged or destroyed, altered or disclosed.
We have also put in place reporting procedures to deal with any suspected personal data breach and will notify you and any applicable Data Protection Authority of a breach when we are legally required to do so.
Please contact us if you would like more information about these security measures using the contact details in Section 7 (Your rights and requests to Konami) below.
We may share your personal data with other companies or organisations for different reasons, as explained below.
Sharing with Konami Group companies
We may share your personal data with other companies within the same group as us, including our parent company in Japan (Konami Group Corporation) and our affiliate company in the United States of America (Konami Digital Entertainment, Inc.) (the “Konami Group”).
In these cases, we will only share your personal data where it is necessary for our legitimate business interests and will ensure that any Konami Group companies that receive your personal data will use the personal data in accordance with, and within the scope permitted by, Data Protection Laws, this privacy notice and (where applicable) their respective privacy policies.
Sharing with service providers
We may also provide your personal data to our service providers both within the Konami Group and external third parties such as providers of customer support services, analytics services, marketing platforms and content management services.
In every case, we will only use service providers in accordance with Data Protection Laws, by ensuring that:
· the service provider has appropriate safeguards in place to ensure the security and confidentiality of your personal data; and
· there is a written contract in place which protects your personal data and prevents it from being used for any purpose other than providing the relevant services.
Other sharing
We may also share your personal data with other third party companies as a result of the sale, merger, or reorganisation of Konami Europe or of Konami Group companies or business units that provide Social Media Services, or in cases where we or relevant Konami Group companies are obliged to process or disclose the personal data by law or by order of a competent authority (e.g. a judge or court).
In connection with data sharing (see Section 4 above), we may transfer your personal data to companies located outside the UK or EEA. We will only do this when the transfer is in compliance with Data Protection Laws, namely by ensuring that:
· the countries in which those companies are located have been deemed to provide an adequate level of protection for personal data by the UK or the EU (e.g. which is the case for transfer to Japan); or
· we have adopted and implemented Standard Contractual Clauses approved by the UK or EU as appropriate safeguards for transferring your personal data lawfully outside the UK or the EEA.
Details of the relevant safeguards can be provided to you at your request by contacting us in accordance with Section 7 (Your rights and requests to Konami) below.
Please note that we are not responsible for your personal data which is collected by Social Media Platforms, or by other third parties such as Brandwatch (as explained in Section 2 above), and used for their own purposes. For more information, please check the privacy statements of the Social Media Platforms or other third parties you use to see how these affect you.
In some cases we may also provide or include links to other third-party websites, plug-ins and applications either:
· directly to you in a message;
· on our posts or direct mailings; or
· on any Social Media Platform page we run.
Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites, plug-ins or applications and are not responsible for their use of your data. We encourage you to read the privacy notice of every website, plug-in or application you visit.
Your rights under Data Protection Laws
Under certain circumstances, you have the following rights that you can exercise in respect of your personal data processed by the Konami Group companies.
· Information regarding your data processing: You have the right to obtain from us all the requisite information regarding our data processing activities that concern you (Articles 13 and 14 UK GDPR/GDPR).
· Access to personal data: You have the right to obtain from us confirmation as to whether or not personal data concerning you is being processed, and, where that is the case, access to the personal data and certain related information (Article 15 UK GDPR/GDPR).
· Rectification or erasure of personal data: You have the right to obtain from us the rectification of inaccurate personal data concerning you without undue delay, and to complete any incomplete personal data (Article 16 UK GDPR/GDPR). You may also have the right to obtain from us the erasure of personal data concerning you without undue delay, when certain legal conditions apply (Article 17 UK GDPR/GDPR).
· Restriction on processing of personal data: You may have the right to obtain from us the restriction of processing of personal data, when certain legal conditions apply (Article 18 UK GDPR/GDPR).
· Portability of personal data: You may have the right to receive your personal data in a structured and commonly used format, so you can transfer this data to another company. This only applies to personal data which we obtain from you and, using automated means, is processed on the basis of your consent or in order to perform a contract with you (Article 20 UK GDPR/GDPR).
· Object to processing of personal data: Where we rely on legitimate interests for processing your personal data for certain Social Media Data Use Purposes (see Section 2), you have the right to object, on grounds relating to your particular situation, at any time to our processing of your personal data concerning you (Article 21 UK GDPR/GDPR). We must then stop processing your personal data unless we have a strong reason to continue such processing which overrides your objection.
Furthermore, when your personal data is transferred by Konami Europe from the UK or the EEA to a country outside the UK or the EEA, please contact us if you want further information on the specific mechanism relied upon for the transfer (e.g. adequacy finding or Standard Contractual Clauses).
How to exercise your rights
You can exercise these rights by contacting us at:
We try to respond to all personal data requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. Please also bear in mind that there are exceptions to the rights above and some situations where they do not apply.
We may need to request additional information from you to help us confirm your identity. This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you to clarify your request.
You will not normally have to pay a fee to access your personal data (or to exercise any of your other rights). However, we may charge a reasonable fee if your request is manifestly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
How to communicate with us
You can communicate with us by the following methods:
· Contact our Konami Group Data Protection Officer: We have appointed a Data Protection Officer (DPO), who has overall responsibility for looking after the Konami Group’s compliance with Data Protection Laws. You can contact our DPO by email at:
· Contact Konami Europe directly: If you would prefer to contact Konami Europe directly in the UK or the EEA, you can do so by emailing our GDPR enquiries support service operated jointly by our UK Headquarters and our French branch at:
Your right to complain to a Data Protection Authority
Protecting your personal data is our priority and so if you believe that we have misused your personal data or violated any Data Protection Laws, then in the first instance we would always welcome you contacting us so that we can understand the nature of your concern and take the necessary steps to resolve your complaint and address your concerns.
Under Data Protection Laws, you have the right to file a complaint with a relevant Data Protection Authority, which will generally be the Data Protection Authority of your place of residence within the UK or the EEA.
In the UK, the Data Protection Authority is the Information Commissioner’s Office:
In the EEA, a list of the relevant Data Protection Authorities is available here:
https://edpb.europa.eu/about-edpb/board/members_en
If you have any inquiries of our products or services, you can contact us at:
https://www.konami.com/games/inquiry/
If you use other products and services offered by us (e.g. entering a social media competition), or have other interactions with us (e.g. when attending a Konami event, visiting our booth at a consumer conference, or applying for a job), then your personal data will be processed in accordance with the applicable privacy notice. Our other privacy notices currently include:
· Social Media Campaigns Privacy Notice
· Yu-Gi-Oh! Consumer Shows Privacy Notice
· Recruitment Privacy Notice & Supplementary Information
· Player Endorsement Privacy Notice
Last updated: July 2022