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Yoshi Heffernan

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Aug 2, 2024, 8:07:27 PM8/2/24

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Dear User,
We rely on your consent to process your personal data for marketing and advertisement purposes. The personal data we will use for such is limited to your email address. We will use this data to provide you with marketing and advertising information regarding:

The terms of this agreement ("Terms") govern the relationship between you (as defined below) and Smilegate West, Inc. (the "SGW" or "we") regarding your use of any game (including mobile games, and each, a "Game") and related services provided or serviced by SGW (collectively, the "Service") including SGW and z8games branded websites (such as the website located at www.z8games.com, the "Z8Games Portal"). SGW includes its "Affiliates," which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership.

You further specifically acknowledge and agree that your use of the Game "CrossFire" is also subject to our CrossFire Game Policy, a copy of which is available at: CrossFire Game Policy. The CrossFire Game Policy constitutes the Game-specific Terms for the CrossFire Game.

If any of these Terms conflicts with terms contained in any other policies, such as the Privacy Policy or any Game-specific Terms, the terms in the other policies shall govern with respect to the specific subject contemplated therein, unless such policies specifically stipulate therein that these Terms prevail over such policies.

For the avoidance of doubt, you specifically acknowledge and agree that, SGW may establish, adopt, amend, repeal, or terminate all or part of these Terms, the Privacy Policy, EULA, the Game-specific Terms, and any other terms and policies related to a Game, the Service, or the Z8Games Portal, all of which are specifically incorporated into these Terms by reference.

If at any point for any reason you do not agree to any of these Terms, the Privacy Policy, the Game-specific Terms, or any other terms and policies established by SGW, you must immediately notify SGW and your license to use the Service and the applicable Game shall immediately terminate.

You must provide all equipment and software necessary to connect to the Service, which may include a mobile device. You are responsible for all internet fees, data fees, or mobile fees that you incur while accessing the Service.

It is important to us that you always know what information we obtain about you in the scope of the use of the Smilegate services and what this information is used for. In the Privacy Policy below, we therefore aim to keep you fully informed as to the type, extent and purpose of the collection, storage, use and processing of personal data on our events, websites, mobile platforms and online products and/or services, including PC, online and mobile games (hereinafter: "Smilegate Services").

Personal data is all information relating to an identified or an identifiable natural person. A person is identified when the identity of a specific person can be deduced from the information itself. A person is identifiable when we can make a connection to a specific person using additional information available to us.

This Privacy Policy applies to our games and related services (including Z8Games websites). This Privacy Policy does not apply to data which becomes known to us as part of job applications or in any other manner outside the use of the Smilegate Services. This Privacy Policy also does not apply to the websites and services of other providers, to which any of our websites or any of our services might link. We recommend that you read the privacy policy of every other service provider you make use of, in particular before you make your personal data available to them.

We will review this Privacy Policy periodically, and reserve the right to modify and update it at any time. You acknowledge that we may make changes to this Privacy Policy and it is your responsibility to check back to this page from time to time to review the Privacy Policy; provided, however, that if such changes are significant and it is required by applicable laws, we will endeavor to post notice or acquire your consent regarding such significant changes to this Privacy Policy. Changes to this Privacy Policy will come into effect immediately upon such changes being uploaded in the Services or to our Websites.

In the following sections, we describe which of your personal data will be processed while you use Smilegate Services. For a better understanding, we differentiate between your basic user data (data provided by you while registering your account or communicating with us) and usage data (data automatically collected by us while you use our services).

To buy virtual currency for the purchase of services and gadgets in our game, further information will generally have to be provided to the chosen payment service provider in the course of the payment process. This information will be collected and processed solely by the relevant payment service provider (e.g. PayPal, Razer, Paysafecard, PcGameSupply etc.) in accordance with their privacy policy. For a successful transfer of the requested payment, the payment service provider may request from us certain personal data, processed by us, such as your IP address or user ID. Such data will be transferred to the payment service provider only when necessary to process or correct a billing matter, and will not be used for other purposes once the matter is resolved. Please read the privacy policy of the relevant payment service provider before effecting the transaction. We merely receive a transaction confirmation from the payment service provider, which confirms the payment to us and enables us, if necessary (e.g. in the event of a legal dispute), to obtain further payment details in accordance with the privacy policy of the payment service provider, in particular your name and your contact details.

During your participation in our eSports Tournaments, we will collect certain personal data about you. For example, information relating to your gameplay, in-game activity and progression through the eSports Tournament. If you are fortunate enough to win, we will also ask you for your bank account and payment details so that we can arrange for your prize money to be transferred to you.

The data will generally be stored to the Smilegate Account until the account is deleted. Where the use is subject to declarations of consent, it will be stored until receipt of a notification of revocation, but not longer than the existence of your account.

Please note that we may be obligated, on the basis of statutory obligations, in particular provisions relating to tax law and commercial regulations, to archive the relevant personal data even beyond the effective date of your revocation or deletion of your account. The data will be deleted after the relevant statutory time period. Under specific tax laws, we are obligated to store relevant information for up to ten years. For example, this is related to all information from commercial letters, invoices, and ledgers. Occasionally, these may contain your personal data.

Besides those statutory obligations, we are entitled to store your personal data for specific cases. The end of the storing period depends on the purpose for which we still need your personal data. This means we store your personal data for at least the duration of our relationship with you as our customer. However, we are permitted to store personal data for longer where permitted by law, such as to bring, or defend ourselves against, legal claims. This retention period relates to the respective periods set forth by a given statute of limitation. We delete your personal data six months after you delete or revoke your account unless we are otherwise permitted or required to retain that data by law.

In addition to the information you actively provide to us, we automatically collect a range of data as users use our websites and other Smilegate Services, in particular on the manner and extent of the use of our services, which requires no action on your part.

Automatically collected data includes data which is not directly related to your person or associated with your identity, such as the IP address allocated to your device at the time of access (in anonymised form), duration of access, the pages displayed and other data automatically conveyed by your PC, e.g. in the form of log files with information, in particular, your operating system, browser information, language settings, your screen resolution and your internet service provider. The data automatically collected on our websites are not used to identify you personally or to contact you.

In the course of use of our Smilegate Services we also collect a range of service related data, e.g. on the functions of a service used by you, game statistics, number of points and achievements attained, user rankings and the time which you spend on our games, IP address (both at login, as well as each match you play), MAC address, information on the hardware you are using. This information will be stored and allocated to your Smilegate Account and used for the statistical evaluation of your use (see b) below). Upon deletion of your account, this information is either deleted or stored in an anonymized fashion.

We strongly condemn any cheating, hacking, or other fraudulent activities that undermine our games and our user communities. We use an anti-cheat software to monitor and prevent cheating. This anti-cheat software is installed together with the game. We may use the anti-cheat software to collect and analyze data from your device to help us detect cheating, hacking, or other fraudulent activities that undermine our games and our user communities. Please also see our Terms of Use and the CrossFire Game Policy.

We use your usage data to facilitate your use of our services, to correct technical problems, to ensure the continuous functioning of our products and services and to improve and further develop these according to the needs of our users. We use the automatically collected usage data as described above under a) for the following purposes:

to assess the success of marketing measures, in particular conversion rates for advertisements and newsletters;
to enable you to link our services to your public profiles on social networks or other third party services;
to fulfil your orders and to send you an order confirmation;
to authenticate your software and verify your rights of use;
to detect unauthorized usage, including cheating or any other unauthorized or abnormal activities related to the gameplay
to ascertain your approximate location in order to offer country and language specific services and functions as well as statistical evaluations on the use of our services.
to tailor the advertisements displayed within our services to your specific interests by assigning you to certain interest groups on the basis of this information; and