PROTON GAME LIMITED Privacy Policy

Effective Date: May 22, 2023

PROTON GAME LIMITED ("PROTON GAME", "we", "our", or "us") greatly recognizes and values the privacy of people ("you" or "user"), who visit our websites, use or access our services, including but not limited to software systems, customer supporting, and community services (collectively the "PROTON GAME Services").

To the extent permitted by applicable law, Children under the age of 13 (or other age threshold required by local laws) are not allowed to create any HoYoverse Account ("Account") for the PROTON GAME Services. If you are 13 above but are considered a minor in your country (e.g. under 18 years old in some jurisdictions), you must have your parent or legal guardian read through this Privacy Policy with you and you represent that you have obtained the permission of your parent or guardian to create your Account.

If you are a parent or legal guardian of a minor in your country, please make sure that you have read this Privacy Policy before allowing your children to create their own accounts or to use the Services. You agree that you will be subject to this Privacy Policy and be responsible for your children’s activities while using the PROTON GAME Services. You agree to supervise your children’s use of the PROTON GAME Services and make sure that your children only view the contents that are age appropriate to your children.

This Privacy Policy describes why and how we collect, store, and use your personal data and the choices you have about your personal data which you provide or we collect in connection with the PROTON GAME Services. If you have any questions about this Privacy Policy, please contact us using the contact details provided in “Contact and Complaint” of this Privacy Policy.

In the event of a merger, acquisition, reorganization, bankruptcy or other similar events, your personal data may be transferred to the successor, we will make an announcement in advance, disclose the details of the event and information about the successor, and request the successor to process your personal data in accordance with this Privacy Policy as well. In case the successor needs to process your personal data beyond the scope authorized in this Privacy Policy, the successor will have to notify you of details about their intended processing of your personal data and obtain the consent of you and/or your parent and/or guardian (if applicable) again if required by applicable laws and regulations.

PROTON GAME may periodically modify, adjust or revise the terms of this Privacy Policy due to change of the PROTON GAME Services or update in applicable laws and regulatory requirements. You acknowledge and agree to check the updated terms of this Privacy Policy regularly. If you have any questions about the updated terms of this Privacy Policy, please contact us using the contact details provided in “Contact and Complaint” of this Privacy Policy. By continuing to use the PROTON GAME Services you acknowledge that you have read and understood how we process your personal data according to the updated Privacy Policy.

This Privacy Policy informs you of the following information:

1. What Data We Collect and Process

2. Why Do We Collect and Process Your Personal Data

3. Advertisements and Your Choices

4. Cookies and Similar Technologies

5. Who May Access Your Personal Data

6. Data Retention

7. Your Rights and Choices

8. Securing Your Data

9. Age Limits and Children Protection

10. Contact and Complaint

1. What Data We Collect and Process

Personal data means any information relating to an identified or identifiable natural person, such as full name, email address, contact address, postal code, position data, title, occupation, personal interests, etc.

(1) Data We Collect and Process (either directly from users or through a third party)

i. Account Registration Information: When you create the Account, we may collect your username, email address, mobile phone number, password, verification code and Open ID, to help you create and manage the Account for your use of our services, provide login services and link your existing Account with your social media accounts.

ii. Connected Social Media Account Information (Third Party). If you choose to log in to our services via your social media account(s), we may receive your social media account information from third party social media providers (such as Facebook, Twitter, Google Play, Game Center). Such information obtained from third party social media providers will be added to your account information.

iii. Internet Protocol (IP) Address and Device Data. We may collect data about the platform and device on which your Account is used, such as platform type (iOS/Android), device name/model and your IP address. We use this data to provide service, ensure security and allow you to connect to our servers.

iv. User Service Information. When you seek our technical and/or customer service support and/or exercise any of your legal rights as the data subject, we may collect the information that you provide in communications with our support team.

v. Payment data. If you choose to make purchase(s) with your Account, we may need to collect your payment data in order to process your purchase(s) and related activity, which may include your name, bank/debit/credit card number, card expiration date, billing address (country, city, postal code, address), and CVV.

vi. Advertising Information. Advertising ID and select device information, we store the Advertising ID for that advertisement and the other device information with your profile to track the success of our advertising and marketing programs. Besides, for the iOS version, after taking appropriate technical security measures (such as encryption and hashing) to de-identify your email address, including email address collected from third party social media providers when you log in via your social media account(s), we may use your de-identified email address to track the success of our advertising and marketing programs.

vii. Other Information Subject to Specific Notice. For some websites, apps, or services provided by us, we may collect additional information beyond the above listed information. We will develop individual privacy notices to inform you how we process your personal data when you use that specific service. Such individual privacy notices will prevail in terms of the personal data processed for such individual services.

When you use or interact with third-party services that may be available on our services, such as third-party social media widgets, share buttons, and/or login mechanisms, this Privacy Policy does not and will not extend to such features, which shall be subject to the respective third-party privacy policies.

(2) Data We Automatically Collect

To ensure security and stable operation, provide a fair gaming environment, prevent cheating and improve the functionality and quality of PROTON GAME services, we may automatically collect data using mechanisms like cookies, browser web storage, and application data caches. The categories of data we automatically collect include device-related data (including Android ID, package name, device model, OS version, bluetooth name, ISP type(name), screen resolution, user ID, Google Ads ID and app set ID (for Android)) and data related to bugs, errors, crashes and diagnosis, and other data related to security.

In specific cases, we may collect other personal data apart from the categories stated herein based on your consent or other legal bases. When this occurs, we will provide more information about any change to the way or purpose of our collection or processing which might be different from or not clarified in the details in this Privacy Policy.

2. Why Do We Collect and Process Your Personal Data

We collect and process your personal data mentioned in Section 1 above for the following purposes, including:

(1) help you create a HoYoverse Account and enable you to manage your Account and maintain your personal profile;

(2) to facilitate your use of various PROTON GAME Services with your HoYoverse account;

(3) allow you to access or restrict your access to the PROTON GAME Services;

(4) provide you the services required by you and perform our contractual obligations towards you;

(5) analyze and manage PROTON GAME Services for system administration, user service, security, fraud-detection, check the authenticity of an account owner, archival and/or backup purposes;

(6) correct bugs or errors, improve our services and respond to customer desires and preferences,

(7) verify and confirm payment;

(8) provide you offers on or through the PROTON GAME Services and deliver advertising that may be relevant to your interests;

(9) keep you up to date on the latest product announcements, notify special events and offer other data pertaining to our services;

(10) fulfill our obligations under applicable laws and regulations, respond to requests of government authorities;

(11) establish, exercise or defend legal claims;

(12) analyze, profile, segment, merge and/or update all collected data (regardless of an aggregated or individualized manner) for the purposes of improving service quality and providing a better experience;

(13) protect the integrity, information safety, and financial security of our services or our users, comply with legal obligations, and enforce compliance with the Terms of Service or other restrictions placed on your use of the PROTON GAME Services;

(14) track your process across our websites and applications to verify that you are not a bot and to optimize our services.

For the purposes set forth above, our affiliates may be commissioned to process your information, provided that such affiliates comply with terms in this Privacy Policy. Affiliate in this Privacy Policy shall mean an entity that directly or indirectly controls, is controlled by or is under common control with PROTON GAME hereto.

3. Advertisements and Your Choices

For the purpose of providing personalized advertisements, you acknowledge and confirm that we may collect and process the data to:

(1) deliver, target and improve our advertising; and/or

(2) improve advertising and other marketing and promotional activities;

We or our authorized contractors may deliver advertisements, marketing or promotional communications. If you do not wish to receive such information, you may request that we or our contractors remove your data from the contact list.

Pertaining to the advertisements, marketing or promotional communications, you may opt-out of receiving such communications in accordance with the instructions therein, such as email, online communication channels, or other contact methods provided by us.

4. Cookies and Similar Technologies

In order to measure the effectiveness of our services, some pages on our websites may use cookies, which are small text files for added functionality or for tracking site usage. We may use cookies and/or authorize third party’s tracking-utility, from time to time, (a) to log your IP address in determining the path that users take on our sites and identifying repeat users of our sites, (b) to collect the websites or sources that linked or referred you to our services, and/or (c) to collect technical data about the devices and software you use to access our services, the operating system of your devices, and other similar technical data. Notwithstanding the foregoing, we do not link your IP address to your personal data. If you do not wish to accept cookies or want to be notified of when they are placed, you may set your web browser to do so, if your browser permits.

We use the cookies, web beacons and similar technologies to personalize your experiences on our services and for various other purposes, including:

(1) remembering you: cookies, web beacons and similar technologies can help us identify you as a registered user or keep the preferences or data that you have previously provided;

(2) analyzing how you use our services: cookies, web beacons and similar technologies to understand what visitors (including users) are doing on our services, or what pages or sections are most popular;

(3) serving advertising: cookies, web beacons and similar technologies help us provide you with advertising that we believe is relevant to you or of interest to you, on the basis of your provided data; and/or

(4) other related functions or purposes mentioned in Section 2.

We may use cookies and similar technologies to provide and personalize services, prevent fraud and fulfill other purposes mentioned above. Please note you may be able to disable cookies in your browser settings, but if you do so some parts of our services may then not function properly.

5. Who May Access Your Personal Data

In addition to PROTON GAME and/or its affiliates, other parties may also access your personal data in the following situations. You acknowledge that you have foreseen the occurrence of such disclosure when you provide your personal data.

(1) Competent Authorities

We may provide a certain portion of your personal data to judicial or administrative authorities as so requested. Besides, we may disclose a certain portion of your personal data within a strictly limited scope of recipients when we reasonably think it is necessary to protect us, our users or a portion of the public.

In addition to be required by applicable laws and regulations, we reserve the right to disclose your personal data in the cases if we, in our good faith, believe that disclosing such data is necessary to identify, contact, or bring legal action against you, if (a) you are violating any agreements between us, such as the Terms of Service and this Privacy Policy or otherwise damage us; (b) you are infringing third parties’ rights and interests (including but not limited to intellectual property rights); and/or (c) we believe that it is necessary to prevent fraud or other illegal activities.

(2) Third-Party Contractors

PROTON GAME may work with a number of (if any) third parties on or through our services to help us provide services and functionalities to you. We do not sell your personal data and only share non-personally identifiable, aggregated, and public data with third parties under the following necessary circumstances, and such third-parties thereof are prevented from processing (including but not limited to accessing, storing, using, or disclosing) your personal data except for achieving the purpose of their cooperation with us:

i. Social networking portals who provide login and/or content-sharing service to and in our services;

ii. Information communication service providers who provide SMS-messaging services;

iii. Payment service providers who provide payment services, such as assisting our services to run on, facilitating users’ payment, and maintaining a record of the users’ transaction history;

iv. Advertising service contractors who provide marketing and advertising activities, including conducting the programs, tracking the success, and analyzing the effect thereof; and

v. Other contractors if any for the purpose of providing our services to you.

Besides, such contractors may use cookies, web beacons, and/or other tracking technologies to collect or receive data about you. For example, users purchasing and/or subscribing products or services will be required to provide additional data to third-party payment contractors, such as a valid credit card number, expiration date. Such third-party payment contractors may collect, process and retain your data to process payments and resolve subsequent payment disputes and inquiries. We may also receive, process and store the provided information from you and/or such third-party payment contractors to confirm payment, record purchase history and/or protect our legitimate interest when resolving subsequent payment disputes and inquiries.

When specific third parties are involved in collecting data and information, please refer directly to their privacy policies on their official websites and learn more about their data processing practices.

We may also disclose your information with your permission.

6. Data Retention

We will keep your data for as long as your Account is active or only for as needed to provide you the PROTON GAME Services unless deletion is carried out in accordance with your request or as otherwise required by law. The location of servers for our services is Singapore.

You acknowledge and agree that your data will be processed on our servers which may not be located in your country/region of residence and can be accessed by our support, engineering and/or our affiliates around the world. No matter where our servers are located, we will make efforts to take the appropriate safeguards to guarantee your rights in conformity with this Privacy Policy and any applicable laws and regulations.

In the case you request to remove or delete your personal data, we will retain your data as long as necessary for applicable laws and regulations, such as to comply with our legal obligations, resolve disputes, and/or enforce the agreements between you and us. Please note that the removal or deletion of any of your data may result in the termination of some of our applicable services. Where required by law, we will only store your information as long as necessary to fulfill the purposes for which the information is collected and processed or where the applicable laws and regulations provide for longer storage and retention period. Upon the expiration of such period, your personal data will be deleted, blocked or anonymized, as provided by and in accordance with applicable laws and regulations.

7. Your Rights and Choices

Subject to the applicable laws and regulations, you may have the following data protection rights as a user of our services. You also have the right to complain to the local authorities.

To exercise any applicable rights below or to exercise any other statutory data subject rights you may enjoy under applicable laws and regulations, you may contact us using the contact details under the "Contact and Complaint" heading below.

To protect the security of your Account and your personal data, we may ask you to provide certain additional information to verify your identity before we respond to your requests. Under some circumstances, we may refuse to comply with your request as permitted by applicable laws and regulations. We may also charge a reasonable fee for complying with your request in accordance with applicable law, e.g. if your request is clearly repetitive or excessive.

(1) Right to Know about Personal Data Collected or Disclosed

You may have the right to access your personal data that we hold about you, i.e.: (i) information whether your personal data is collected or disclosed, (ii) categories of your personal data which has been collected or disclosed, (iii) categories of sources from which your personal data is collected, (iv) business or commercial purpose for collecting or disclosing your personal data (if any); and you have the right to require us to provide a duplicate of your personal data undergoing processing, subject to submitting a verifiable request to us using the contact information in section "Contact and Complaint" below. You can also exercise the right to access your personal data through your personal page on the HoYoverse Account website or the privacy setting available in the services (e.g. profile page or privacy dashboard, where applicable.

(2) Right to Rectify

If we process your personal data, we shall endeavor to ensure by implementing suitable measures that your personal data is accurate and up-to-date for the purposes for which it was collected. If your personal data is inaccurate or incomplete, you have the right to request for rectification of your inaccurate personal data according to applicable laws and regulations and you can modify the information through your personal page on the HoYoverse Account website or the privacy setting of the services (if available).

(3) Right to Request Deletion of Personal Data

You may have the right to request the deletion of your personal data, if the reason as stated in Article 2 of this Privacy Policy does not exist anymore or if there is another legal ground for its deletion, subject to submitting a verifiable request to the contact details under the "Contact and Complaint" below.

You acknowledge and agree that as a result of deleting your Account, you will lose access to game related services, including the Account information, subscriptions and game-related information linked to such Account and lose the possibility to access other services through the Account.

(4) Right to Opt-out of Marketing Communications

You can exercise this right by clicking on the "unsubscribe" or "opt-out" link in the marketing messages we send you.

(5) Right to Complain

You may have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.

(6) Right to Withdraw Your Consent

If we have collected and processed your personal data with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your personal data conducted in reliance on lawful processing grounds other than consent. In many circumstances, we need to use your personal data in order for us to provide you with our services which you require. If you do not provide us with the required personal data, or if you withdraw your consent to our use and/or disclosure of your personal data for these purposes, it may not be possible for us to continue to serve you or provide you with the services that you require.

8. Securing Your Data

Pertaining to your use of our services, we have endeavored to take reasonable measures to prevent unauthorized access to or improper use of your personal data, such as organizational controls, technical protection and other protection measures.

Unfortunately, the transmission of information via the internet is not completely secure. While we strive to protect your personal data, we also remind you to be aware of the risks of hacking, cyber-attacks, etc. on the Internet.

Therefore, we strongly urge you to take every possible precaution to protect your personal data when using our services, including but not limited to changing your passwords from time to time, using a combination of letters and numbers when creating passwords, using a secure browser and/or taking other possible security measures.

Please be aware that advertisers or websites with links to and/or from our websites may collect personal data about you. This Privacy Policy does not apply to such third party services, and cannot control the activities of those other advertisers or websites. We highly recommend that you read the privacy policy of such third-party websites which you may be directed to before providing any personal data.

9. Age Limits and Children Protection

You represent that you are not a child under the age of 13. Children under the age of 13 (or other age threshold required by local laws) are not allowed to create any Account for the PROTON GAME Services. If you are 13 above but are considered a minor in your country (e.g. under 18 years old in some jurisdictions), you must have your parent or legal guardian read through this Privacy Policy with you and you represent that you have obtained the permission of your parent or guardian to create your Account.

Notwithstanding the foregoing, we recognize that we have a special obligation to protect children in regard to the collection and processing of personal data. We strongly urge parents and guardians to instruct their children never to disclose or give out their personal data when using our services without the prior permission of their parent/guardian. If we learn that we have collected personal data about a child under the age of 13, we will delete that data as quickly as possible. Also, if you believe that we might have any data from or about a child, please contact us using the contact details under the "Contact and Complaint" section below.

10. Contact and Complaint

If you have any requests, concerns, questions about this Privacy Policy or how we process your personal data, or you want to make any complaints or want to exercise your data subject rights, please contact us as soon as possible by emailing our Data Protection Office at privacy@hoyoverse.com, or via the address below:

Company Name: PROTON GAME LIMITED

Address: Room 63, 7th floor, Huanli Commercial Building, 7-9 Austin Road, Tsim Sha Tsui, Kowloon, Hong Kong

PROTON GAME LIMITED

Last Updated: May 22 , 2023