KONAMI EUROPE VIDEO GAMES PRIVACY NOTICE
Your privacy is important to KONAMI DIGITAL ENTERTAINMENT B.V. (“Konami Europe”, “we”, “us” or “our”). In this privacy notice, we set out our Privacy Promise to you (see below). We also describe how we use the personal data we collect about you when you use our video game software, applications, downloadable content, and updates to the foregoing and related online and offline services (collectively the “Services”).
Konami Europe is headquartered at 16 Sheet Street, Windsor, SL4 1BG, United Kingdom (“UK Headquarters”) and has branches in the European Economic Area (“EEA”) in France, Germany and Spain (“EU Branches”).
When we process your personal data in connection with providing you with other specific products and services, then our other privacy notices may also apply (please see Section 8 below). This privacy notice supplements 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 at https://legal.konami.com/kdee/privacy_notice/.
PRIVACY PROMISE
Safeguarding your personal data is very important to us. Our privacy promise to you is that when collecting and using your personal data we will do the following:
· Comply: We will respect Data Protection Laws. This means we will protect your personal data to the standard required by Data Protection Laws (as defined in Section 1 below).
· Inform: We will tell you clearly, openly and honestly about the reasons and purposes for collecting and using your personal data.
· Control: We will put you in control of your personal data, by telling you your rights and how to exercise them.
· Secure: We will use strong security measures to keep your personal data safe and secure.
· Trust: We will not sell your personal data to anyone else, use it for direct marketing or to profile you, or any other purpose which you would not expect us to.
Please see the rest of this privacy notice for more detailed information about the types of personal data we collect about you, how we use and protect your personal data, and how you can contact us with any questions or to exercise your rights under Data Protection Laws.
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:
A. 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 Headquarter’s processing of your personal data in certain circumstances.
B. 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.
If you are resident of a country outside the UK or EEA which has national laws for data protection that impose additional obligations on us in connection with the Services, then we will comply with such laws in addition to our obligations under UK and EU Data Protection Laws. Please see Section 8 for more details.
A. How we use your personal data purposes
Depending on your use of the Services we may use your personal data for some or all of the following purposes (“Purposes”):
i. To operate, analyze, improve and develop the Services (including to identify, fix, and troubleshoot bugs or functionality errors).
ii. To provide content to you about the Services.
iii. To enable online leaderboards and online matchmaking, and to help you find your friends within the Services.
iv. To advertise and promote the Services and monitor the effectiveness of such advertisement and promotional activities. We will not use your personal data to engage in direct marketing.
v. To handle any enquiries or complaints from you about the Services.
vi. To detect security incidents, protect against malicious, deceptive, fraudulent or illegal activity, and prosecute those responsible for that activity.
vii. To set up and maintain accounts for which you register.
viii. To provide software updates to the Services.
ix. To authenticate and activate your games and save game-play data.
x. To facilitate competitions and contests (including to provide prizes).
xi. To perform audits, transactions, and other compliance activities.
xii. To help keep our Services safe and fair, resolve disputes, investigate and help curb fraud and illegal behaviour, comply with the law, and to enforce our agreements and policies.
xiii. Other purposes you consent to, are notified of, or are otherwise disclosed to you when you provide personal data.
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.
B. How we collect your personal data
We use different methods to collect personal data from or about you, including through:
i. Third parties or publicly available sources. We may receive personal data about you from various third parties (such as from the platforms on which the Services are accessible, such as PlayStation, Nintendo, Xbox and Steam (each, a “Platform”, and together, the “Platforms”)) and other publicly available sources.
ii. Automated technologies or interactions. Depending on the nature of the Services, personal data about you may be collected from the technologies or services employed by the Platforms and other methods such as cookies, server logs, and other similar technologies. We may also receive personal data about you if you visit other websites employing our cookies. Please see our cookie policy for further details: https://legal.konami.com/officialsite/cookie-notice/en/
iii. Direct Interactions. You may give us personal data about you when you contact us about the Services (such as when you need help using the Services), to enter a competition, promotion or survey, or if you choose to give us feedback.
C. The types of personal data we collect about you
Personal data means any information about an individual from which that person can be identified. It does not include data where the ability to identify the individual has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which may include some or all of the following:
i. Identity Data: including name (first name and surname), title, gender, date of birth and age, username or gamertags (including the username or gamertag you use on the accounts you have on any Platforms).
ii. Contact Data: including address, email address and telephone numbers.
iii. Usage Data: including information about how you use the Services.
iv. Technical Data: including IP address, login data, browser type and version, time zone setting and location operating system and platform, and other technology on the devices you use to access the Services. In most cases, the Technical Data we process is received from Platform providers as aggregated data, from which you cannot be identified. There may, however, be some situations where it may be possible for you to be identified (directly or indirectly) from Technical Data, in which case we will treat such Technical Data as personal data in accordance with this privacy notice.
v. Aggregated Data: We also collect, use and share aggregated data such as statistical or demographic data for any purpose. Aggregated data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing specific Services. However, if we combine or connect aggregated data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
D. Lawful basis for processing
The lawful basis for us to process your personal data in connection with providing you with Services, is that it is necessary for our legitimate business interests in providing, as well as for your interest in receiving, the Services, for the Purposes set out above (Article 6(1)(f) UK GDPR/GDPR).
If you are a resident in a country where our legitimate interests mentioned above are not recognized as a lawful basis under applicable law, we will identify and use other appropriate lawful bases to process your personal information such as contractual necessity or your consent. Please see Section 8 for more details.
E. Your right to object
Where we rely on legitimate interests to process your personal data for the Purposes, you have the right to object to our processing, as described below in Section 7.
A. Data retention
We keep your personal data for as long as it is necessary for us to provide you with the Services.
We may retain your personal data for a longer period:
i. to the extent necessary to comply with applicable laws;
ii. 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
iii. where we have a legitimate interest to do so and where such retention is necessary for our legitimate interests.
If you require further information on specific retention periods then please contact us using the contact details in Section 7 (Your rights and requests to Konami) below.
B. 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.
A. 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 companies in Japan (Konami Digital Entertainment Co., Ltd.) and 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.
B. 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:
i. the service provider has appropriate safeguards in place to ensure the security and confidentiality of your personal data; and
ii. 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.
C. 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 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:
A. 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 transfers to Japan); or
B. 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 third parties (such as the Platform providers) and used for their own purposes. For more information, please check the privacy statements of the third parties you use to see how these affect you.
In some cases we may provide or include links to other third-party websites, plug-ins and applications. 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.
A. 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.
i. 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).
ii. 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).
iii. 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).
iv. 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).
v. 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).
vi. Object to processing of personal data: Where we rely on legitimate interests for processing your personal data for certain 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).
B. How to exercise your rights
You can exercise these rights by contacting us at: privacynotice@faq.konami.com
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.
C. How to communicate with us
You can communicate with us by the following methods:
i. 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: dpoteam@konami.com
ii. 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: rep-gdpr@konami.info
D. 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: https://ico.org.uk/
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/
We process personal data in accordance with the requirements of UK GDPR and GDPR as applicable, reflecting our commitment to global best practice on privacy matters and in accordance with our Privacy Promise. As explained in Section 1, however, some countries have national laws which have different requirements and impose additional obligations on us when we process the personal data of residents of such countries when providing them with Services. If you are a resident of any of the following countries, please see the privacy notices linked to below for more details on your rights and our obligations and which take precedence if there is any conflict with the provisions of this privacy notice:
· United States of America: https://legal.konami.com/kdee/privacy_notice/
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: https://legal.konami.com/kdee/privacy_notice/
Our other privacy notices currently include:
· General Privacy Notice
· Social Media Campaigns Privacy Notice
· Consumer Shows Privacy Notice
· Recruitment Privacy Notice & Supplementary Information
· Player Endorsement Privacy Notice
Last updated: 04/07/2023