Effective Date: March 10, 2020
- “Personal Information” – generally means information about you as an identifiable individual, but excludes business contact information, specific publicly available information, and Gamer Information. It is including, but not limited to, first and last name, date of birth, email address, gender, occupation or other demographic information.
- When we say “Member,” we are referring to the person or entity that is registered with us to use the Services. When we say “you,” we are referring either to a Member or to some other person who visits any of our Websites.
- We provide online platforms that allow gamers the ability to challenge in online tournaments, provide giveaways and related activities (the “Services”).
- “Gamer Information” means information about activity on the Site by you as a member which is not itself personally identifiable with you and is therefore not Personal Information, but which may be linked (on a non-identifiable basis) to your account information, and includes your (a) Username or Alias, (b) Skill Rating, (c) Top Players Ranking (if any) and EXP Coins balance, (d) scores in games and tournaments, (e) gaming preferences and personal motto, (f) summary of gaming activity, including when you joined, and the number of games that you have played, (g) winnings from games and tournament, and (h) footage of gameplay in promotional materials such as trailers which may be displayed on the Site, or on website run by other parties including those of our marketing partners (for example, “play of the week”, “highlight reel” or similar content).
- “Personal Data” means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession). It also includes Personal Information.
- Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
- Cookies are small pieces of data stored on your device (computer or mobile device).
- “Data Processor” (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.
- Data Subject is any living individual who is using our Service and is the subject of Personal Data.
EXP is accountable for all Personal Information in its control. This includes information under the direct control of EXP, as well as Personal Information that EXP may transfer to its affiliates or to third party service providers, in each case for the purposes of (i) performing support functions, such as payment processing, business analytics, customer support, printing and mailing, data storage and destruction, and (ii) marketing any of EXP’s products and services. EXP will use contractual or other measures to require third parties that process information or provide services on our behalf to maintain a level of privacy protection comparable to our own practices.
EXP Privacy Officer
- COLLECTION OF INFORMATION
- What information is collected through the sites?
Types of Information
We collect two types of information from you when you visit the Site: information that does not identify you personally (“Non-Personal Information”); and Personal Information, as defined in more detail above).
(i) Non-Personal Information
As examples of Non-Personal Information, we collect:
- through our Web servers, automatic recordings of certain technical information related to your visit to the Site. This information is anonymous and does not identify you personally. It includes things such as: the Internet domain for your Internet service provider; the Internet Protocol (IP) address of the computer accessing the Site; the address of the last webpage that you visited prior to clicking through to the Site; the browser used and the type of computer operating system that your computer is using; information about your computer hardware; the date and time that you visited the Site; and a record of which pages you viewed while you were visiting the Site;
- demographic information which does not identify an individual;
- and Gamer Information.
(ii) Personal Information
We collect Personal Information as follows:
(a) Initial Registration from you, in connection with completing the “one step registration” required for you to create a free, basic user account (a “Basic Account”):
- your email address for the purpose of (A) verifying your identity by emailing you, (B) you logging in, (C) marketing upcoming game tournaments to you, and (D) emailing game results to you;
- your date of birth, for the purpose of ensuring that you are permitted to create an account based upon your age,
- where you reside, for the purpose of ensuring that you are permitted to create an account based upon your jurisdiction,
- your user name, for the purpose of identifying you, and
- Cookies and Usage Data.
(collectively, the “Basic Information”).
(b) Deposit Funds into the Basic Account: from you, for the purpose of creating and depositing funds to the your Basic Account which will allow the Individual to enter cash games and tournaments (a “Real Money Account”), in addition to the Basic Information:
- your first name and last name;
- the following information with respect to your credit card: type, number, expiration month, expiration year and card verification number; and
- the following billing information: your street address, city, postal code, province and country.
(c) Withdraw funds from Real Money Account: from you, for the purpose of confirming your identity:
- your Paypal email address, first name, last name; and
- your street address, city, postal code, province and country, and phone number.
(d) Withdraw funds from Real Money Account and Claiming Prizes: from Individuals, for the purpose of confirming their identity:
- Name, photograph, age and address (via a copy of your driver’s license or utility bill);
(e) Edit profile: from you, for the purpose of updating your contact information, your “site information”, your password, and your communication preferences:
- your first name, last name, Individual’s street address, city, postal code, province and country;
- your time zone; your avatar; and your PlayStation Network ID and XBOX Live Gamertag (in order for you to make or accept game challenges, and for us to track your game results;
- in response to our “About you” query, a sentence about the Individual for the purpose of the Individual’s profile;
- your old and new password; and
- your communication preferences.
(f) Game challenges (on first challenge): from you, your PlayStation Network ID and XBOX Live Gamertag, and Electronic Arts email address, other game specific identifiers, in order to make or accept game challenges, and for us to track your game results
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.
We may also collect information how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
Tracking & Cookies Data
Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
- Session Cookies. We use Session Cookies to operate our Service.
- Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
- Security Cookies. We use Security Cookies for security purposes.
Use of Data
EXP uses the collected data for various purposes:
- To provide and maintain our Service
- To notify you about changes to our Service
- To allow you to participate in interactive features of our Service when you choose to do so
- To provide customer support
- To gather analysis or valuable information so that we can improve our Service
- To monitor the usage of our Service
- To detect, prevent and address technical issues
- To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information
Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR)
EXP may process your Personal Data because:
- We need to perform a contract with you
- You have given us permission to do so
- The processing is in our legitimate interests and it’s not overridden by your rights
- For payment processing purposes
- To comply with the law
Retention of Data
EXP will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
Transfer of Data
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.
Disclosure of Data
Disclosure for Law Enforcement
Under certain circumstances, EXP may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
EXP may disclose your Personal Data in the good faith belief that such action is necessary to:
- To comply with a legal obligation
- To protect and defend the rights or property of EXP
- To prevent or investigate possible wrongdoing in connection with the Service
- To protect the personal safety of users of the Service or the public
- To protect against legal liability
Security of Data
The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
“Do Not Track” Signals
We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.
You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
Your Data Protection Rights Under General Data Protection Regulation (GDPR)
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. EXP aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the following data protection rights:
- The right to access, update or to delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
- The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
- The right to object. You have the right to object to our processing of your Personal Data.
- The right of restriction. You have the right to request that we restrict the processing of your personal information.
- The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
- The right to withdraw consent. You also have the right to withdraw your consent at any time where EXP relied on your consent to process your personal information.
Please note that we may ask you to verify your identity before responding to such requests.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
The Site also provide you with certain ways to voluntarily give us your Personal Information, as follows:
- from social network sites (“SNS”), where you decide to create an account by logging into a SNS via the Site, certain Personal Information which you have provided the SNS (for example, the name, email address and other Personal Information which the Individual has made publicly available via the SNS, in each case depending on the privacy settings of the Individual on the SNS), for the purpose of completing the opening of the account. For example, see below for details for when you join by Facebook;
- from you, through your interaction with the Site (for example, information about which games were played, player rating information and player game statistics);
- from you, through your completion of contest forms or other participation in promotional efforts, for the purpose of such contests and promotions, including for the purpose of awarding prizes;
- from you, through your completion of surveys, for the purpose of gathering your opinions and comments in regard to EXP’s products and services;
- from you, through using links contained on the Site to send EXP an email message which contains such information, for the purpose identified at the point of collection on the Site;
- from you, to the extent that you post content with such Personal Information to chat windows, user fora or similar fora on the Site, for the purpose of each such forum; and
- from you, to the extent that you provide Personal Information when you contact EXP’s Customer Care representatives via live chat or email.
- from you, through you voluntarily disclosing information about yourself when you use the “Invite Your Friends / Tell-A-Friend” feature, for the purpose of inviting others to create Basic Accounts or Real Money Accounts;
- about other individuals who are identified as your “friends”, in the form of the names and e-mail addresses of your friends when you use the “Invite Your Friends / Tell-A-Friend” feature on the Site, for the purpose of inviting others to create Basic Accounts or Real Money Accounts;
In order to provide a fair playing environment for all users and to protect the integrity of the Site, we also collect Personal Information which we use to investigate complaints of cheating or behavior that we believe may be contrary to the T&Cs, including the Rules of Conduct. This may include screenshots of players’ computer desktops or footage of in-game play.
In addition to collecting Personal Information directly from visitors to the Site, we may also collect Personal Information from third parties such as marketing partners to which permission has been granted to share that information with us.
- Other methods of gathering information
What are “cookies” and how does the Site use them?
A cookie is a small text file containing a unique identification number that is transferred (through your browser) from a website to the hard drive of your computer. The cookie identifies your browser but will not let a website know any Personal Information about you, such as your name or address. These files are then used by such websites as a kind of electronic identification tag when users revisit that site. Since cookies are only text files, they cannot run on your computer, search your computer for other information, or transmit any information to anyone.
What are Web beacons and how does the site use them?
We use web beacons on our Websites and in our emails. When we send emails to Users, we may track behaviour such as who opened the emails and who clicked the links. This allows us to measure the performance of our email campaigns and to improve our features for specific segments of Members. To do this, we include single pixel gifs, also called web beacons, in emails we send. Web beacons allow us to collect information about when you open the email, your IP address, your browser or email client type, and other similar details. We use the data from those Web Beacons to create reports about how our email campaign performed and how to improve our services.
What about information from other sources?
From time to time we may obtain information about you from third party sources, such as public databases, social media platforms, third party data providers and our joint marketing partners. We take steps to ensure that such third parties are legally permitted or required to disclose such information to us. Examples of the information we may receive from other sources include: demographic information, device information (such as IP addresses), location, and online behavioural data (such as information about your use of social media websites, page view information and search results and links). We use this information, alone or in combination with other information (including Personal Information) we collect, to enhance our ability to provide relevant marketing and content to you and to develop and provide you with more relevant products features, and services.
- Google AdWords
Google AdWords remarketing service is provided by Google Inc.
You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads
Google also recommends installing the Google Analytics Opt-out Browser Add-on – https://tools.google.com/dlpage/gaoptout – for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en
Facebook remarketing service is provided by Facebook Inc.
You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950
To opt-out from Facebook’s interest-based ads follow these instructions from Facebook: https://www.facebook.com/help/568137493302217
Facebook adheres to the Self-Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings.
For more information on the privacy practices of Facebook, please visit Facebook’s Data Policy: https://www.facebook.com/privacy/explanation
- Personal Information about Children
Our Site is intended for a general audience and we do not knowingly (a) allow people under 18 years of age to create accounts on the Site and (b) collect Personal Information from people under 18 years of age through our Site. In addition, in the event that a visitor to our Site identifies himself or herself as a person under the age of 18, we will not collect, store or use any Personal Information of such individual. In the event that we receive Personal Information that we discover was provided by a person under the age of 18, we will promptly delete all such Personal Information not required for purpose of continuing to block such person’s use of the Site, and will comply with applicable laws, including, as applicable, the U.S. Children’s Online Privacy Protection Act.
- Limits to Collecting Personal Information
We limit the type of mandatory information collected by us. We collect only the Personal Information that is required for the purposes described in the following paragraphs under the heading “Use and Disclosure of Personal Information” below (the “Purposes”).
- USE AND DISCLOSURE OF PERSONAL INFORMATION
We use and disclose your information for the following purposes.
- Internal Uses
We collect, use and disclose your Personal Information for such purposes to which you consent at the time of collection or in any case prior to such use, and as otherwise permitted or required by applicable law, including:
- to operate our Site; to open and maintain your customer accounts with us, deposit funds into such accounts, and withdraw funds from such accounts; to edit your profile; and for the purpose of game challenges, in each case as more particularly described above;
- to provide a product or service requested by you;
- to contact you regarding updates to the Site, your account status, our new products and services and upcoming events, changes to our products and services;
- to collect subscription and entry fees from you and to process payments;
- for promotional or related purposes without additional compensation, including with respect to tournaments and the awarding of prizes;
- to prevent fraud and protect the integrity of the Site;
- to deliver prizes to you; and
- to ensure that you comply with the T&Cs (including in order to facilitate a fair gameplay environment) and are permitted to create an account based upon your age and where you reside.
Also, if you use the “Invite Your Friends / Tell-A-Friend” feature, we will use the name and e-mail address that you provides to invite your friend to create a user account.
When you create your account and when we collect your Personal Information, you can customize these preferences. If you wish to change your account preferences to modify the ways that we contact you, please contact Customer Care or, in the case where we use your Personal Information to communicate with you via email, use the “unsubscribe” link included in all email messages sent on our behalf.
- Related Entities and Authorized Third-Party Service Providers
In addition to sharing information between entities comprising the EXP group for the Purposes, and in order to better serve our customers, we may transfer Personal Information to third-party service providers who are legally or contractually obligated to only use the information to help us provide our Services and not for any other purpose. For example, EXP uses outside contractors for the purposes of (i) performing support functions, such as payment processing, business analytics, customer support, printing and mailing, data storage and destruction, and (ii) marketing any of EXP’s products and services.
From time to time such EXP group entities and third parties may hold, use or disclose your Personal Information outside of the United States, and while outside ofUnited States such Personal Information may be accessed by regulatory authorities pursuant to the laws of such other jurisdictions.
These third parties may be located in the United States, Canada, Australia or elsewhere.
- Co-Branded Partners
- Marketing Partners
To the consent that you consent, we may also disclose Personal Information you provide us to third party marketing partners who provide products, information or services you have expressly requested or which we believe you may be interested in purchasing or obtaining, in order that they may provide you with information regarding such products, information or services. In doing so, we will make reasonable efforts to ensure that these third parties only use the Personal Information for our stated Purposes and that they provide a method of opting out from receiving future communications from such parties, but we shall not otherwise be responsible for their handling or dissemination practices with respect to Personal Information. If you subsequently wish to change your account preferences to not receive information from such third party marketing partners, please contact Customer Care or use the “unsubscribe” link included in email messages sent by such parties.
- Legal Compliance
There may be instances when EXP may disclose Personal Information without providing notice or choice, as required or permitted by applicable laws, which may include (i) where required pursuant to a subpoena, other form of legal process or request on behalf of any local, provincial, state, or federal governmental department or agency; (ii) in an emergency, to protect the safety and physical security of users of the Services or members of the public; or (iii) to investigate breaches of agreements or US law.
- Business Transfers
If EXP sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, EXP may transfer your Personal Information to the party or parties involved in the transaction as part of that transaction.
- OBTAINING CONSENT
In most cases, when we do collect Personal Information directly from an individual, the Purposes for which the individual provides us with the information – for example, as required for us to effectively provide our Services – will be clear, and as such, consent to the collection and use of Personal Information for those Purposes will be implied by use of the Services. If we choose to use Personal Information already in our possession for a purpose that was not identified at the time we initially collected the information, we will seek the consent of the affected individuals before using this information for the new purpose. Please note that if the new purpose is required or permitted by law, EXP is not required to seek the consent of the affected individuals and may not do so. Individuals may withdraw consent to the collection, use and disclosure of their Personal Information at any time, subject to certain restrictions set out in applicable privacy legislation, but should recognize that by doing so they may be unable to utilize the Services and products offered on the Site. When a member uses the “Invite Your Friends / Tell-A-Friend” feature, we rely on that individual to obtain the consent of their friend to allow us to use that information to invite them to create a user account.
- MANAGEMENT OF PERSONAL INFORMATION
EXP has policies and procedures as to how long it retains information that it collects. Personal Information that is no longer required to fulfil the Purposes is either destroyed, erased or rendered anonymous to prevent unauthorized parties from gaining access to the information.
We retain Personal Information received from third parties in accordance with our legal and contractual obligations. The file containing your Personal Information will be made available to the authorized employees, contractors or agents of EXP who need to access the information in connection with the Purposes, and will be held primarily in an electronic database.
EXP has implemented a variety of commercially reasonable security safeguards to protect Personal Information in our control against loss, theft, misuse and interception by third parties. These safeguards include organizational, technical and physical measures designed to protect information from unauthorized access, disclosure, copying, use or modification. Among the steps taken are:
- premises security;
- restricted file access to Personal Information;
- technology safeguards, including network traffic encryption, security software, firewalls to prevent hacking and other unauthorized computer access; and
- internal password and security policies.
However, please note that no data transmission or storage can be guaranteed to be 100% secure. We are committed to protecting your Personal information, but we cannot ensure or warrant the security of any information you transmit to us. Please take reasonable steps to guard against identity theft, including ‘phishing’ attacks. You are responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities that occur under your password or account. In the event of unauthorized use of your password or account or any other breach of security, you must notify EXP immediately and promptly change your password.
- ACCURACY AND CURRENCY OF PERSONAL INFORMATION
EXP is committed to open and fair privacy practices which comply with applicable privacy legislation.
Any individual may request access to their Personal Information held by EXP by contacting EXP’s Privacy Officer in writing. After receiving such a request, our Privacy Officer shall inform the individual of the existence, use and disclosure of their Personal Information and shall allow the individual to access such information.
In certain circumstances to the extent permitted or required by applicable law, access to Personal Information may be denied. If we deny an individual’s request for access to their Personal Information, we will advise such individual in writing of the reason for the refusal and they may then challenge our decision.
Where Personal Information is used on an on-going basis, EXP undertakes to correct any information that is shown to be inaccurate, incomplete or not up-to-date. Otherwise, EXP does not routinely update Personal Information. It is the member’s responsibility to provide us current, complete, truthful and accurate information, including Personal Information, and to keep such information up to date. We cannot and will not be responsible for any problems or liability that may arise if a member does not provide us with accurate, truthful or complete information or Personal Information or the member fails to update such information or Personal Information
Upon notification from an individual of their desire to have any or all of their Personal Information in our records deleted or destroyed, EXP will undertake to delete or destroy all such information to the extent that retention of such information is not required or permitted by applicable law, such as for the investigation of claims or the defence of an action, and some Personal Information may remain in back-up storage for this purpose. If you wish to delete your data, you can contact support via support@EXP .
The Site is governed by and operated in accordance with the laws of the State of California and the federal laws of the United States of America applicable therein, without regard to its conflict of law provisions, and you hereby consent to the exclusive jurisdiction of and venue in the courts of the state of California, in the United States of America, in all disputes arising out of or relating to the Services. Notwithstanding any other provisions of this Policy or the T&Cs, we may seek injunctive or other equitable relief from any court of competent jurisdiction. You agree that any dispute that cannot be resolved between the parties shall be resolved individually, without resort to any form of class action.
Copyright © 2018 EXP – All Rights Reserved
(last modified: 10th of March, 2020)