KONAMI EUROPE VIDEO GAMES PRIVACY NOTICE (UNITED STATES)
Last Updated: July 20, 2023
This KONAMI DIGITAL ENTERTAINMENT B.V. (“Konami Europe”, “we”, “us” or “our”) VIDEO GAMES PRIVACY NOTICE (UNITED STATES) (“Privacy Notice (U.S.)” supplements the KONAMI EUROPE VIDEO GAMES PRIVACY NOTICE available at https://legal.konami.com/kdee/privacy_notice/. In this Privacy Notice (U.S.), we 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”). Please see the rest of this Privacy Notice (U.S.) 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 applicable U.S. Data Protection Laws. “U.S. Data Protection Laws” means the California Consumer Privacy Act of 2018 and California Privacy Rights Act of 2020, as amended; the Colorado Privacy Act, as amended; the Connecticut Data Privacy Act; the Utah Consumer Privacy Act, as amended; the Virginia Consumer Data Protection Act, as amended, and any related regulations or guidance to the foregoing provided by applicable authorities.
1. THE PERSONAL DATA WE COLLECT ABOUT YOU
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 inquiries 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 behavior, 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).
In the 12 months preceding the Last Updated date of this Privacy Policy (U.S.), we have collected, used, stored and transferred 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 Sensitive Personal Information about you as defined under U.S. Data Protection Laws (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, precise geolocation, and genetic and biometric data).
2. DATA RETENTION AND DATA SECURITY
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 6 (Your Rights and Requests to Konami) below.
B. Data security
In accordance with U.S. Data Protection Laws, we have implemented (and require our service providers to implement) appropriate technical and organizational security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized 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 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 6 (Your Rights and Requests to Konami) below.
3. OUR SHARING OF YOUR PERSONAL DATA WITH OTHER COMPANIES
In the past 12 months preceding the Last Updated date of this Privacy Policy (U.S.), we have shared your personal data with other companies or organizations 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, U.S. Data Protection Laws, this Privacy Notice (U.S.) 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 U.S. 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 reorganization 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).
We do not sell your personal data, and we do not “share” or otherwise process personal data for purposes of targeted advertising, as defined under applicable law. We have not engaged in such activities in the preceding 12 months. Without limiting the foregoing, we do not sell or “share” the personal data of minors under 16 years of age or of any other users of our Services.
4. THIRD PARTY COLLECTION OF YOUR PERSONAL DATA
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.
5. CHILDREN UNDER THE AGE OF 13
A. We are committed to respecting children's privacy. We will not collect personal data from anyone we have actual knowledge is under the age of 13, without a parent's or legal guardian’s consent. With parental/legal guardian’s consent, we will collect, use and share information collected from or about children in accordance with the practices described in this document. When a parent or legal guardian allows their child's Platform account to participate in the Services, they also consent to the Platform provider providing the child’s information to us, and to our use and sharing of such information, as set forth in this document. We will protect all child information received from Platform providers to the same high standards required by U.S. Data Protection Laws as information which we collect directly from users.
B. If you discover your child under the age of 13 has provided personal data to us without your consent, once we verify you are the child's parent or legal guardian, we will promptly: (i) provide direct notice to you indicating what, if any personal data of your child has been collected and how it has been used or disclosed; (ii) remove and cease the use of your child's personal data or other information from our database and (iii) by notice to you, confirm compliance with the foregoing.
6. YOUR RIGHTS AND REQUESTS TO KONAMI
A. Your Rights under U.S. Data Protection Laws
Under certain circumstances and as applicable, you have the following rights that you can exercise in respect of your personal data processed by the Konami Group companies:
i. The categories of personal data we collected about you and the categories of sources from which we collected such personal data;
ii. The business or commercial purpose for collecting personal data about you; and
iii. The categories of personal data about you that we disclosed, and the categories of third parties to whom we disclosed such personal data (if applicable).
We will not unlawfully discriminate against you for exercising your rights under applicable privacy law.
Individual Requests
To make a privacy request, please contact us by email at privacynotice@faq.konami.com or by toll-free telephone at (866) 444-6528. We will verify and respond to your request consistent with applicable law, taking into account the type and sensitivity of the personal data subject to the request. We may need to request additional personal data from you, such as email address, phone number, full name, user ID/user name or address, in order to verify your identity and protect against fraudulent requests. If you maintain a password-protected account with us, we may verify your identity through our existing authentication practices for your account and require you to re-authenticate yourself before disclosing or deleting your personal data. If you make a request to delete, we may ask you to confirm your request before we delete your personal data.
Right to Opt-Out of Personal Data Sales and Sharing
You have the right to direct us to not sell or share your personal data for cross-context behavioral advertising purposes at any time (the "right to opt-out"). Please note that we do not currently engage in sales or sharing of personal data triggering such opt-out requirements.
Right to Limit Disclosure or Use of Sensitive Personal Information
You have the right to limit the disclosure or use of your Sensitive Personal Information that has been collected or processed with the purpose of inferring characteristics about you. Please note that we do not currently collect or use Sensitive Personal Information to infer characteristics about consumers triggering such limitation rights.
Appeal Process
If you are a Colorado, Virginia, or Connecticut consumer, and we refuse to take action on your request, you may appeal our refusal within a reasonable period after you have received notice of the refusal. You may file an appeal by contacting us via email at privacynotice@faq.konami.com or by toll-free telephone at (866) 444-6528.
Authorized Agents
If an agent would like to make a request on your behalf as permitted under applicable law, the agent may use the submission methods noted in the section entitled “Individual Requests.” As part of our verification process, we may request that the agent provide, as applicable, proof concerning his or her status as an authorized agent. In addition, we may require that you verify your identity as described in the section entitled “Individual Requests” or confirm that you provided the agent permission to submit the request.
De-Identified Information
Where we maintain or use de-identified data, we will continue to maintain and use the de-identified data only in a de-identified fashion and will not attempt to re-identify the data.
B. For Residents Of California Only
California “Shine the Light” Law
If you are a California resident, you have the right to request certain information regarding our disclosure of your information to third parties for direct marketing purposes pursuant to Section 1798.83 of the California Civil Code. If you request such information, please contact us at privacynotice@faq.konami.com, with “California Privacy Rights” in the subject line.
California “Digital Online Erasure” Law
If you are a resident of California, under 18 and a registered user of our Services, you may ask us to remove content or information that you have posted to the Services by writing to privacynotice@faq.konami.com. Please note that your request does not ensure complete or comprehensive removal of the content or information, as, for example, some of your content may have been reposted by another user.
Do-Not-Track Signals
Note that your browser settings may allow you to automatically transmit a "Do Not Track" signal to websites and online services you visit. There is no consensus among industry participants as to what "Do Not Track" means in this context. Like many websites and online services, we currently do not alter our practices when we receive a "Do Not Track" signal from a visitor's browser.
C. For Residents of Nevada Only
We do not sell personal data as defined under Nevada law. If you would like to inquire regarding the sale of your personal data, as defined under Nevada law, please contact us at privacynotice@faq.konami.com.