Cygames America Privacy Policy

I. Information Collected

We collect information when you visit or interact with our Site. This includes information you provide, information we receive from other sources, and information that we automatically collect.

“Personal Information” is information that, directly or indirectly, identifies you or another individual and which may include: name, title, company name, expertise, postal address, telephone number, email address, browser and device information (including IP address), and information collected through cookies and other similar technologies. If you submit any Personal Information relating to other people to us or to our service providers in connection with the Site, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

A. Information You Provide

We collect information that you submit when visiting the Site including registration information (your name, email or postal address, telephone number, and username and password), contact information if you contact us with an inquiry (email address and telephone number), or, payment card information if you make a purchase from us (name, billing and shipping address, card information, email, and telephone number). The Site may offer a Careers page where you may be able to submit job application information including your contact information, resume, employment and education history, skills, personal references, and other relevant information. This information is submitted to us or our staffing partner who collects it on our behalf.

B. Information We Collect from Other Sources

We may also collect information about you from other sources, including third parties from whom we have purchased Personal Information, and combine this information with Personal Information provided by you. This helps us to update, expand, and analyze our records, identify new customers, and create more tailored advertising to provide services that may be of interest to you.

We may also collect information about you from others including job applicant references, Site visitors who provide information about you when sending you a gift or referring you to our services, or social media connections, such as personal information about you if other users of a third-party website give us access to their profiles and you are one of their "connections" or information about you is otherwise accessible through your "connections" web page, profile page, or similar page on a social networking or other third-party website or interactive service.

C. Automatically Collected Information

We use common information-gathering tools, such as log files, cookies, web beacons, and similar technologies to automatically collect information, which may contain Personal Information, from your computer or mobile device as you navigate our website or interact with emails we have sent you. This collected information may include your Internet Protocol (IP) address (or proxy server), device and application identification numbers, your general location, your browser type, your Internet service provider and/or mobile carrier, the pages and files you viewed, your searches, your operating system and system configuration information, and date/time stamps associated with your usage.

II. How We Use Your Information

We use the collected information for our general commercial purposes such as to improve our Site, grow our business and to offer our own, our affiliates’, or third-party products or services that we think you may find of interest. We use your contact information to respond to your inquiries or to provide information on products or services to you.

Without limitation, we may use such information to:

• Administer and improve our Site and businesses;
• Grow our businesses by delivering a broad range of personalized products and services to you and other customers;
• Offer our products or services (or those of our affiliates or third parties) that we think you may find of interest;
• Understand our customers’ preferences and history, and tailor our services and promotional offers accordingly;
• Respond to inquiries;
• Manage our staffing and vendors;
• Process transactions you request and deliver products that you have purchased;
• Send you promotional and other offers via email and traditional mail, informing you about our products and services and other offerings subject to your choices;
• Conduct other marketing and commercial activities including administering and carrying out our contractual and legal obligations, monitoring quality control and compliance with applicable regulations, providing safety and security of our business and assets, and protecting against malicious activities or abuses of our Site and services.

III. Cookies and Tracking Policy

We use cookies and similar technology to collect aggregate (non-personal) information about Site usage by all of our visitors and to help us remember you and your preferences when you revisit the Site. These cookies may stay on your browser into the future until they expire or you delete them. Further general information about cookies and how they work is available at www.allaboutcookies.org.

We may allow selected third parties to place cookies through the Site to provide us with better insights into the use of the Site or user demographics or to provide relevant advertising to you. These third parties may collect information about a consumer’s online activities over time and across different websites when he or she uses our website. We may also permit third party service providers to place cookies through our Site to perform analytic or marketing functions where you are notified of them and you have consented to the usage. We do not control the use of such third-party cookies or the resulting information and we are not responsible for any actions or policies of such third parties.

For more information about how we use cookies, please read our Cookies Settings.

We do not currently use technology that recognizes a “do-not-track” signal from your web browser except as described in this Privacy Policy.

IV. Disclosing Your Information

We may reveal information about you to unaffiliated third parties: (1) if you request or authorize it; (2) if the information is provided to help complete a transaction for you; (3) if the information is provided to comply with the law, applicable regulations, governmental and quasi-governmental requests, court orders or subpoenas, to enforce our Terms of Use or other agreements, or to protect our rights, property, or safety or the rights, property, or safety of our users or others (e.g., to a consumer reporting agency for fraud protection etc.); (4) if the disclosure is done as part of a purchase, transfer, or sale of services or assets (e.g., in the event that substantially all of our assets are acquired by another party, customer information may be one of the transferred assets); (5) if the information is provided to our agents, outside vendors or service providers to perform functions on our behalf (e.g., analyzing data, providing marketing assistance, providing customer service, processing orders, etc.); or (6) as otherwise described in this Privacy Policy.

We may share your information with our affiliated companies.

We do not share your information with third parties for their own direct marketing purposes.

V. Security

We use reasonable technical, administrative, and physical measures to protect information contained in our system against unauthorized access, destruction, misuse, loss, or alteration. We may use standard encryption technology to protect information being transferred to our site, but no method of electronic transmission or storage is 100% secure. If we receive instructions using your log-in information, we will consider that you have authorized the instructions.

VI. Children’s Privacy

This Site is not designed nor intended to be attractive to use by children under the age of 13. We do not knowingly collect information from children under the age of 13. If you are under 13, please do not submit any information to us.

VII. Accessing Your Information and Your Choices

You can update, amend, or delete your information at any time by emailing us at contact@cygamesamerica.com.

You can choose not to receive emails from us by “unsubscribing” using the instructions in any email you receive from us. This will not stop us from sending emails about your account or your transactions with us.

You can choose to delete or block cookies by setting your browser to either reject all cookies or to allow cookies only from selected sites. If you block cookies, performance of the Site may be impaired and certain features may not function at all.

If you would like to change settings for the use of cookies, please refer to our Cookies Settings.

VIII. Data Processing and Cross-Border Data Transfers

Our Site is produced by Cygames in Japan and is maintained on servers located in the United States and Japan, and Personal Information submitted is controlled by Cygames America in the United States and may be stored on servers in the United States, Japan, and elsewhere. Personal Information may be processed for Cygames America by Cygames in Japan, but not for its own purposes. If you are visiting our Site from outside the United States, please be advised that your information is transferred to our U.S., Japanese or cloud-based servers. Disclosing your personal information to us pursuant to this Privacy Policy is at your own risk. We strive to comply with laws of jurisdictions in which we maintain operations but we make no representations that the practices described in this Privacy Policy are compliant with laws outside those jurisdictions that apply to the collection, security, use, and disclosure of personal information.

IX. Notices to California Residents

A. Your California Privacy Rights (Sharing Information for Direct Marketing)

California residents with an established business relationship with us are permitted by California law once a year to request information about the manner in which we shared certain categories of information with others for their direct marketing purposes during the prior calendar year or to opt out of having their information shared for direct marketing purposes.

We do not share your personal information with third parties for their direct marketing use unless we have your permission.

B. California Consumer Privacy Act Notice

The California Consumer Privacy Act as amended by the California Privacy Rights Act (“CPRA”) provides certain verified California residents with the right to receive disclosure of our information collection and disclosure practices, the specific information collected about them, to request that we correct information we hold, to make requests that we do not sell information or do not share personal information for cross-context or behavioral marketing purposes, to request that we limit processing of sensitive personal information to the purposes for which it was originally provided, or that we delete information subject to certain exceptions. For details on how to exercise these rights, please see below. We will not discriminate against you as a result of your exercise of any of these rights. For purposes of the CPRA, personal information means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household.

1. Information Collected, Sources, and Business Purpose for Collection

The following table lists the categories of personal information defined in the CPRA, whether we have collected information in the category during the past 12 months, the sources of the information, and the business purposes for which we collect and use the information. The categories of information include information we collect from our website visitors, registered users, employees, vendors, suppliers, and any other person that interacts with us either online or offline. Not all information is collected about all individuals. For instance, we may collect different information from applicants for employment or from vendors or from customers.

*More specifically, the business purposes include:
Performing services for you:

• To administer or otherwise carry out our obligations in relation to any agreement to which we are a party;
• To assist you in completing a transaction or order;
• To allow tracking of shipments;
• To prepare and process invoices;
• To respond to queries or requests and to provide services and support;
• To provide aftersales customer relationship management;
• To create and manage our customer accounts;
• To notify you about changes to our services and products;
• To administer any promotion, contest, survey, or competition;
• To provide you information regarding our products and services;
• To offer our products and services to you in a personalized way; for example, we may provide suggestions based on your previous requests to enable you to identify suitable products and services more quickly.

Advertising customization:

• For marketing and promotions we believe you may find of interest and to provide you, or allow selected third parties to provide you, with information about products and services that may interest you.

Auditing relating to transactions, internal research, and development:

• To provide for internal business administration and operations, including troubleshooting, Site customization, enhancement or development, testing, research, administration, and operation of our Site and data analytics;
• To create products or services that may meet your needs;
• To measure performance of marketing initiatives, ads, and websites “powered by” another company on our behalf.

Security detection, protection, and enforcement; functionality debugging and error repair:

• As part of our efforts to keep our Site safe and secure;
• To ensure the security of your account and our business, preventing or detecting fraud, malicious activity, or abuses of our Site, for example, by requesting verification information in order to reset your account password (if applicable);
• To ensure the physical security of our premises through the monitoring of surveillance images;
• To resolve disputes, to protect the rights, safety, and interests of ourselves, our users, or others, and to comply with our legal obligations.

Quality control:

• To monitor quality control and ensure compliance with our legal obligations, codes and ordinances, policies, and procedures;
• To develop and improve our products and services, for example, by reviewing visits to the Site and various subpages, demand for specific products and services, and user comments.

2. Processing Sensitive Personal Information

We collect limited Sensitive Personal Information (described above) and process and disclose Sensitive Personal Information for the purposes permitted by law and as disclosed above or at the time we collect this information unless otherwise required by law. The following are permitted purposes under the CPRA:

• To perform the services or provide the goods reasonably expected by an average consumer who requests those goods or services.
• To prevent, detect, and investigate security incidents that compromise the availability, authenticity, integrity, or confidentiality of stored or transmitted personal information.
• To resist malicious, deceptive, fraudulent, or illegal actions directed at the business and to prosecute those responsible for those actions.
• To ensure the physical safety of natural persons.
• For short-term, transient use, including, but not limited to, nonpersonalized advertising shown as part of a consumer’s current interaction with the business, provided that the personal information is not disclosed to another third party and is not used to build a profile about the consumer or otherwise alter the consumer’s experience outside the current interaction with the business.
• To perform services on behalf of our business.
• To verify or maintain the quality or safety of products or services that we own or control, and to improve, upgrade, or enhance such products or services.
• To collect or process sensitive personal information where such collection or processing is not for the purpose of inferring characteristics about a consumer.

3. Disclosing Personal Information

From time to time we disclose your information as described below. This includes disclosing information to our service providers such as professional advisers, lawyers, bankers, staffing partners, auditors and accountants, and, when required by law, to regulators or law enforcement.

a) Disclosure of Personal Information for a Business Purpose

We may disclose your personal information to service providers and others for a business purpose. The business purposes are listed above. When we disclose personal information for a business purpose, we enter into a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

In the preceding twelve (12) months, we may have disclosed the following categories of personal information to service providers (such as payment processors, mail houses, marketing partners, shipping partners, employee benefits partners, and professional advisors); affiliated companies; government regulators; law enforcement; or strategically aligned businesses:

• Category A: Identifiers
• Category B: Protected personal information
• Category C: Protected anti-discrimination classification information
• Category D: Commercial information
• Category E: Electronic network activity information
• Category F: Audio, video, or similar information
• Category H: Geolocation
• Category I: Professional or employment-related information
• Category J: Non-public education information
• Category K: Sensitive Personal Information
• Category L: Inferences

b) Disclosing Personal Information in Sale Arrangements

We do not sell personal information for monetary consideration but we may transfer your information to a third party that provides us with services such as helping us with advertising, data analysis and analytics, and security, which may fall under the definition of for “other valuable consideration” and which may therefore be considered a “sale” under the CPRA. We do not sell the personal information of individuals we actually know are less than sixteen (16) years of age. Please see below for opting out of having your information sold. In the preceding twelve (12) months we may have disclosed the following categories of information for a business purpose which falls within the definition of a “sale.”

• Category A: Identifiers
• Category D: Commercial information
• Category E: Electronic network activity information
• Category F: Audio, video, or similar information
• Category H: Geolocation
• Category I: Professional or employment-related information
• Category L: Inferences

c) Sharing Personal Information for Cross-Context Behavioral Marketing

Sharing your personal information means making it available to a third party so that they can use it to display targeted or cross-context behavioral advertisement to you. Cross-context behavioral or targeted advertising means that we display an advertisement to you that is selected based on personal information about you that we obtained or inferred over time from your activities across other companies’ websites, applications, or online services that we use to predict your preferences or interests. Targeted advertising does not include using your interactions with us or information that you provide to us to select advertisements to show you. In the preceding twelve (12) months, we have shared the following categories of personal information of non-minors for behavioral or cross-context or targeted advertising.

• Category A: Identifiers
• Category D: Commercial information
• Category E: Electronic network activity information
• Category H: Geolocation
• Category L: Inferences

4. CPRA Rights

The CPRA provides California residents with specific rights regarding their personal information. This section describes your CPRA rights.

a) Information Access and Portability Rights

As a California resident you have the right to request that we disclose certain information upon request about our information collection and disclosure practices. You also have the right to request a copy of the specific pieces of personal information we collected about you. You may make information access requests up to twice during a 12-month period. Once we receive and confirm your verifiable request, we will disclose to you:

• The categories of personal information we collected about you, the sources of the information, our business or commercial purpose for collecting the information, and whether the information was disclosed for a business purpose, shared, or sold.
• The categories of information we disclosed for a business purpose and the categories of information we sold or shared during the prior 12 months along with the categories of recipients of such information.
• The specific pieces of personal information we collected about you during the prior 12 months, or, at your option, since January 1, 2022. Please note that this disclosure will not include data generated to help ensure security and integrity or as prescribed by regulation. We will endeavor to provide the information in a format that is readily useable, including by mailing you a paper copy or providing an electronic copy to your registered account, if you have registered an account with us.

b) Information Deletion Rights

California residents have the right to request that we delete any personal information that we collected from them and retained, subject to certain exceptions. Once we receive and confirm your verifiable request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. You may make deletion requests at any time. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

• Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities and to help to ensure security and integrity to the extent the use of your personal information is reasonably necessary and proportionate for those purposes.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
• Engage in public or peer-reviewed scientific, historical, or statistical research that conforms or adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s ability to complete such research, if you previously provided informed consent.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us and compatible with the context in which you provided the information.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

c) Information Correction Rights

California residents have the right to request that we correct information that we hold which is inaccurate. We will require that you provide information about yourself so that we can verify your identity before we can make any change in the information we hold about you and we will use commercially reasonable efforts to make the requested corrections. In some cases, for instance if you have an account with us, you can update your information by logging into your account. You can make information correction requests at any time.

d) Opt-Out Rights

• Do Not Sell My Personal Information. If you are 16 years of age or older, you have the right, at any time, to direct us to not sell your personal information. We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the "right to opt in") from either the consumer who is at least 13 but not yet 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt in to personal information sales may opt out of future sales at any time.
• Do Not Share My Personal Information. You have the right to opt out of having your personal information shared with others for cross-context or behavioral advertising purposes. This does not include using your interactions with us or information that you provide to us to select advertisements to show you.
• Limit Processing of Sensitive Personal Information. You have the right to tell us not to process or disclose Sensitive Personal Information for any purpose other than the purposes permitted under the CPRA described above. We only process or disclose Sensitive Personal Information for the permitted purposes.

5. Exercising Your CPRA Rights

a) Making CPRA Requests

• Access, Correction, and Deletion. To exercise the access, correction, and deletion rights, California residents may contact us by email at contact@cygamesamerica.com. You must provide at least three pieces of data about yourself (name, phone number, email and postal address) that allow us to reasonably verify your identity (that you are the person about whom we collected personal information) and we will use that information only for that purpose. We may request that you submit a signed statement under penalty of perjury that you are the individual you claim to be. Any disclosures we provide will only cover the 12-month period preceding receipt of your request, but you may request to expand the 12-month period to cover information collected since January 1, 2022, and we will honor that expanded request unless doing so would involve a disproportionate effort. You may make these requests up to twice in a 12-month period. We will acknowledge receipt of your request within 10 business days and will endeavor to respond within forty-five days of receipt of your request, but if we require more time (up to an additional forty-five days), we will notify you of our need for additional time. We cannot respond to your request or provide you with personal information if we cannot verify your identity and confirm that the personal information relates to you.
• Opt-Out Rights. To opt out of the sale of your personal information or the sharing of your personal information, you may submit a request to us by clicking the following link: “Do Not Sell or Share My Personal Information.” You may also email us at contact@cygamesamerica.com. You may also opt out by activating a user-enabled global privacy control, such as a browser plug-in or privacy setting, device setting, or other mechanism, that communicates or signals your choice to opt out of the sale and sharing of personal information. When we receive such a signal, we will stop setting third-party, analytics, or advertising-partner cookies on your browser. This will prevent the sale or sharing of information relating to that specific device through cookies to our advertising or analytics partners. This option does not stop all sales or sharing of your information because we cannot match your device’s identification or Internet Protocol address with your personally identifiable information like your name, phone number, email address, or ZIP Code. If you delete cookies on your browser, any prior do-not-sell or do-not-share signal is also deleted, and you should make sure that your user-enabled setting is always activated.

We will comply with your request promptly, and at least within 15 business days. Once we receive your request, we will wait at least 12 months before asking you to reauthorize personal information sales or sharing.

b) Using an Authorized Agent

You may submit a request through someone holding a formal Power of Attorney. Otherwise, you may submit a request using an authorized agent only if (1) the person is registered with the Secretary of State to do business in California, (2) you provide the authorized agent with signed written permission to make a request, (3) you verify directly with us that you have authorized the person to make the request on your behalf, (4) you verify your own identity directly with us, and (5) your agent provides us with proof that they are so authorized. We will require the agent to submit proof to us that they have been authorized to make requests on your behalf.

6. Non-Discrimination

We will not discriminate against you as a result of your exercise of any of these rights. Unless permitted by the CPRA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

7. Retention of Personal Information

We will store personal information in a form which permits us to identify consumers, for as long as necessary for the purpose for which the personal information is processed. We may retain and use such personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements and rights, or if it is not technically reasonably feasible to remove it. We retain information consumers provide in connection with requests.

X. Notice to Colorado, Connecticut, Virginia, and Utah Residents

We are currently not subject to the Colorado Privacy Act, the Connecticut Personal Data Privacy Act, the Utah Consumer Privacy Act, or the Virginia Consumer Data Protection Act. If we become subject to any of these laws in the future, we will update this Privacy Policy accordingly.

XI. Notice to Nevada Residents

We do not transfer personal information for monetary consideration. If you would like to tell us not to sell your information in the future, please email us at contact@cygamesamerica.com with your name, postal address, telephone number, and email address with “Nevada do not sell” in the subject line.

XII. Links to Other Sites

We may permit others to link to the Site or to post a link to their site on ours. We do not endorse these sites and are not responsible for other sites or their privacy practices. Please read their privacy policies before submitting information.

XIII. Changes to the Privacy Policy

As we grow and change we may amend this Privacy Policy. The Privacy Policy in effect at the time you use the Site governs how we may use your information. If we make material changes, we will post the revised Privacy Policy and the revised effective date on the Site. Please check back here from time to time to review any changes.

XIV. Contacting Us

The Site is owned and operated by Cygames America Inc. You can contact us at contact@cygamesamerica.com or by using the Contact Us page of the Site.