SOCIAL MEDIA AND ONLINE CAMPAIGNS 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 you the opportunity to participate in various giveaways and competitions online and on social media platforms such as Facebook, Instagram, Twitter, Twitch, YouTube and Discord (“Social Media Platforms”) (“Campaigns”). In this privacy notice, references to “you” or “your” mean a Campaign participant.
The way in which we use and protect your personal data when you participate in the Campaigns 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. THIRD PARTY COLLECTION OF YOUR PERSONAL DATA
6. TRANSFERS OF YOUR PERSONAL DATA TO OTHER COUNTRIES
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 follow us on Social Media Platforms, then the personal data we collect from you for that purpose will be processed in accordance with our separate Social Media Privacy Notice. 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 here: [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 the type of Campaign you participate in, we may use your personal data for some or all of the following purposes (“Participation Purposes”) in order for us to administer and execute the Campaign:
· to register your participation in the Campaign;
· to administer the Campaign;
· to deliver the prizes to the winners of the Campaign;
· handling any enquiries or complaints from you before, during or after the Campaign; and
· other purposes which are directly related to providing and improving our Campaigns, including developing products and services related to the subject matter of the Campaign.
Sometimes a Campaign will be organised by one of our business partners (for example, a retailer) and we will provide the prizes for the Campaign (“Partner Campaign”). If you are a winner of a Partner Campaign, then our partner may share your Contact Data with us so that we can deliver the prizes to you. In such cases, we will process your Contact Data in accordance with this privacy notice and our obligations under Data Protection Laws. Our partners are responsible for complying with Data Protection Laws when processing the personal data which they collect from you when administering Partner Campaigns, and we recommend that you consult their privacy policies for more details.
Types of personal data
We collect your personal data in connection with your participation in the Campaigns and the Participation Purposes, which may include some or all of the following:
· Social media account name (Facebook, Twitter or Instagram, as appropriate);
· Contact data: home address, first name, middle name, last name, phone number, email address;
· Clothing size (if appropriate for the prize).
Lawful basis for processing
The lawful basis for us to process your social media account name to register your participation in the Campaign and to use your other personal data to administer the Campaign, including for the delivery of prizes to the winners of the Campaign (except for a Partner Campaign, see below), is for performing the contract we have with you under the applicable Campaign General Terms and Conditions (Article 6(1)(b) UKGDPR/GDPR).
The lawful basis for us to process your other personal data in connection with: (i) handling any enquiries or complaints from you before, during or after the Campaign; and (ii) any other purposes which are directly related to providing and improving our Campaigns, including developing products and services related to the subject matter of the Campaign and (where necessary) sharing personal data with Konami Group (as defined below) companies, is that it is necessary for our legitimate business interests in providing, as well as for your interest in receiving our response to any enquiries or complaints from you and/or participating in, the Campaign (Article 6(1)(f) UK GDPR/GDPR).
If you are a winner of a Partner Campaign and your Contact Data is provided to us by our partner which is organising the Campaign, then the lawful basis for us to process such personal data is that it is necessary for our, and our partner’s, legitimate business interests in administering the Campaign, as well as for your interest in receiving the prizes.
In cases where certain personal data is necessary for delivering a prize to you (should you win) and you choose not to submit it or you request that we cease processing your personal data, we will not be able to provide you with your prize.
Your right to object
Where we rely on legitimate interests to process your personal data, you have the right to object to our processing, as described below in Section 7.
Data retention
We keep your personal data until the end of each Campaign and for as long as is necessary following the Campaign in order to deliver prizes to you, if you are a winner.
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 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 need to 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 Co., Ltd.) (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 customer services support partners, shipping agents and couriers, PR and marketing agencies, distributors, providers of ranking calculation software, and social media channels (e.g. Facebook, Twitter, Instagram).
In every case, we will only use service providers in accordance with Data Protection Laws, by ensuring:
· 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 administer Campaigns, 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).
Please note that we are not responsible for your personal data which is collected by Social Media Platforms, or by other third parties, 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.
In connection with data sharing (see Section 4 above), we may transfer your personal data to companies located outside the UK or the 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 Japan); or
· we have adopted and implemented Standard Contractual Clauses approved by the UK or the EU as appropriate safeguards for transferring your personal data lawfully outside the UK or 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.
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 GPDR/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 Participation 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 the above 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. when following us on Social Media Platforms), 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:
· Yu-Gi-Oh! Consumer Shows Privacy Notice
· Recruitment Privacy Notice & Supplementary Information
· Player Endorsement Privacy Notice
Last updated: July 2022