Privacy Policy
Delysium, (hereafter “Delysium”, “we”, “us” or “our”) is committed to protecting the privacy and security of the Personal Data that is provided to us or collected by us during the course of our business.
This Privacy Policy, as amended or otherwise changed from time to time (this “Privacy Policy”) explains how we may collect, use, maintain and disclose any Personal Data that we obtain about you and your rights in relation to that information. Please read this carefully. By using our websites, applications, brands, services and products (collectively, “Services”), you affirm that you have read and understand this Privacy Policy and that you consent to the collection, use, maintenance and disclosure of your Personal Data as outlined in this Privacy Policy. If you do not agree with or you are not comfortable with any aspect of this Privacy Policy, you should immediately discontinue access or use of the Services.
1.Who Is Responsible for Your Personal Data
Kurosemi Inc. is responsible for your Personal Data as provided to us or collected by us during the course of our business.
2.What the Capitalized Terms Mean
2.1
Personal Data” means data you may give Delysium to identify or contact you, including, for example, your name, address, User ID, telephone number, e-mail address, any blockchain addresses, as well as any other non-public information about you that is associated with or linked to any of the foregoing data.
2.2
“Anonymous Data” means data that is not associated with or linked to your Personal Data; Anonymous Data does not, by itself, permit the identification of individual persons.
We only collect and process Personal Data about you where we have lawful bases to do so. Lawful bases include consent where you have given consent, contract, and legitimate interests.
3.1
We may collect Personal Data from you, such as your first and last name, e-mail and mailing addresses, User ID, date of birth, government issued identification, and password when you register for an account on the Services (“Account”) or otherwise use the Services or other information necessary for Anti-Money Laundering, Counter Financing of Terrorism, and Know Your Customer compliance purposes.
3.2
We may also collect other Personal Data provided by third party identity verification services or via social networking websites. If you tell us where you are (e.g., by allowing your mobile device or computer to send us your location), we may store that information.
3.3
We may collect your Personal Data, such as your User ID and it may be used to track you across devices and connect you to alternative datasets that we have, including but not limited to, discord data, your wallet, and game related data.
3.4
Certain services, such as two-factor authentication, may require our collection of your phone number. We may associate that phone number to your mobile device identification information.
3.5
If you provide us feedback or contact us via e-mail, message chat or similar functionality, we will collect your name and e-mail address, as well as any other content included in the communication, in order to send you a reply.
3.6
Transactional information when you request information or purchase a product or service from us.
3.7
We also collect other types of Personal Data that you provide to us voluntarily when seeking support services, such as email, information submitted via online form, video conferencing service information, other contact information, or other information provided to support services staff.
3.8
3.8 We may collect other data, including but not limited to, referral URLs, your location, blockchain analytics information related to blockchain addresses you provide.
4.1
Our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, device data such as device type and operating system, Internet Protocol (“IP”) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit.
4.2
As is true of most websites, we gather certain information automatically and store it in log files. This information includes IP addresses, browser type, Internet service provider (“ISP”), referring/exit pages, operating system, date/time stamp, and clickstream data.
4.3
To Provide, maintain, and improve the Services, as well as to develop new content and features, debug the games to identify and repair errors, when you use our Services, the following game play data is automatically collected within the game and transmitted and stored by our servers: (a) system settings (language settings, BGM/SE volume settings, etc.); (b) status of game progress (information on what stages have been cleared, scores, achievements and status of unlocked achievements, what items are unlocked, etc.); (c) user engagement metrics, including number of sessions, active devices, retention for your apps, app deletions, crashes, download information such as download dates and sources; and (d) that if the game crashes, certain anonymous information necessary to analyze the crash is collected within the game and transmitted to our servers including a unique identifier for the report, an anonymized per-device identifier, a unique identifier for the combination of the device and vendor of the crashed application, the version and the executable name for the process that crashed, and the OS version, including the build number, on which the crash occurred. You may decline to collect or store such game play data in our servers at any time by contact support@delysium.com. As a result, you will only be able to use our Services with restrictions such as playing in single player offline mode or not appearing on leaderboards
4.4
Like many online services, we use cookies to collect information. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing the website.
4.5
We retain information on your behalf, such as transactional data and other session data linked to your Account.
We will only use your Personal Data when the law allows.
In general, Personal Data you submit to us is used either to respond to requests that you make, or to aid us in serving you better. We use your Personal Data in the following ways:
5.1
identify you and perform identity verification through a service provider;
5.2
facilitate the creation of and secure your Account on the network;
5.3
provide improved administration of our websites and Services;
5.4
improve the quality of experience when you interact with our websites and Services;
5.5
send you a welcome e-mail to verify ownership of the e-mail address provided when your Account is created;
5.6
send you administrative e-mail notifications, such as Account activity, transaction processing, security or support and maintenance advisories;
5.7
identify, prevent, and report potentially suspicious, fraudulent, or illegal activities;
5.8
notify you about important changes to our Terms and Conditions or Privacy Policy; and respond to your inquiries or other requests;
5.9
We use IP addresses to make our website and Services more useful to you, and to perform identity verification.
All data collected automatically will be used to administer or improve our Services.
5.10
We use IP addresses to make our website and Services more useful to you, and to perform identity verification.
5.11
We use information from log files to analyze trends, administer the Services, track users’ movements around the Services, gather demographic information about our user base as a whole, and better tailor our Services to our users’ needs. Except as noted in this Privacy Policy, we do not link this automatically-collected data to Personal Data.
5.12
We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience with our Services. This type of information is collected to make the Services more useful to you and to tailor the experience with us to meet your special interests and needs.
We may create Anonymous Data records from Personal Data by excluding information (such as your name) that makes the data personally identifiable to you. We use this Anonymous Data to analyze request and usage patterns so that we may enhance the content and navigation of our Services. We reserve the right to use Anonymous Data and aggregated and other de-identified information for any purpose and disclose Anonymous Data to third parties in our sole discretion.
We do not sell user data to any third party.
6.How Long We Will Keep Your Personal Data
Unless the law specifies a different retention period, we will only keep your Personal Data for the time strictly necessary to carry out the operations for which said Data has been collected by us. We will further retain your Personal Data to comply with legal and regulatory obligations.
7.How and Why We May Share Your Personal Data
7.1
We disclose your Personal Data as described below and as described elsewhere in this Privacy Policy.
7.1.1
It may be necessary to disclose your Personal Data to comply with any legal obligation, to defend or investigate any illegal or suspected violations of Delysium’s Terms and Conditions, to enforce our Terms and Conditions and this Privacy Policy, or to protect the rights, safety, and security of Delysium, our users, or the public.
7.1.2
We may share your Personal Data with third party service providers to provide you with the Services; to conduct quality assurance testing; to facilitate creation of accounts; to provide technical support; and to verify your identity. These third party service providers are required not to use your Personal Data other than to provide the services requested by you.
7.1.3
We may share some or all of your Personal Data with third parties (e.g. the purchaser or new owner) in connection with or during negotiation of any merger, financing, acquisition or dissolution transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, Personal Data may also be transferred as a business asset. If another company acquires Delysium assets, that company will possess the Personal Data collected by Delysium and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy.
Our Services may contain links to other third party websites which are regulated by their own privacy policies. Delysium is not responsible for the privacy policies of these third party websites even if they were accessed using the links from our Services.
Other than as stated in this Privacy Policy, Delysium does not disclose any of your Personal Data to third parties unless required to do so by law enforcement, court order, or in compliance with legal reporting obligations.
8.Cookies
We collect web browser information in order to enhance your experience on our Services and track how the Services are being used. Cookies are small data files that are stored on your computer’s hard drive, and in addition to using cookies to provide you with a better user experience, we use cookies to identify and prevent fraudulent activity. The information collected can include, but is not limited to, your IP address, referral URLs, the type of device you use, your operating system, the type of browser you use, geographic location, and other session data. Cookies are not permanent and will expire after a short time period of inactivity. You may opt to deactivate your cookies, but it is important to note that you may not be able to access or use some features of our Services. Please note that Delysium is not responsible and cannot be held liable for any loss resulting from your decision or inability to use such features.
Do Not Track (“DNT”) is an optional browser setting that allows you to express your preferences regarding tracking by advertisers and other third-parties. At this time, we do not respond to DNT signals.
9. How We Protect Your Personal Data
9.1
We take the protection of your Personal Data seriously. We use industry-standard data encryption technology and have implemented restrictions related to the storage of and the ability to access your Personal Data. However, please note that no transmission over the Internet or method of electronic storage can be guaranteed to be 100% secure. Additionally, we aim to enforce internal regulations and rectify issues as soon as they are discover
9.2
You can play an important role in keeping your Personal Data secure by maintaining the confidentiality of any password and accounts used in relation to the Website, including using a unique password that you do not use on any third-party websites or related services. Please do not disclose your Account password to third parties. Please notify us immediately if there is any unauthorized use of your account or any other breach of security. While we take reasonable steps to maintain secure internet connections, if you provide us with Personal Data over the internet, the provision of that information is at your own risk. If you post your Personal Data on the Website’s public pages, you acknowledge that the information you post is publicly available. If you follow a link on the Website to another website, the owner of that website will have its own privacy policy relating to your Personal Data that you should review before you provide any Personal Data.
Please note that we do not control who will have access to the information that you choose to make available to others and cannot ensure that parties who have access to such information will respect your privacy or keep it secure. We are not responsible for the privacy or security of any information that you make publicly available on the features permitting creation of User-Generated Content (“UGC”) or what others do with information you share with them on such platforms. We are not responsible for the accuracy, use, or misuse of any UGC that you disclose or receive from third parties through social media or discussions on our Services.
10. What Rights You Have Concerning Your Personal Data
Under certain circumstances, you have rights under data protection laws in relation to your Personal Data which are set out in more detail below:
10.1
Request correction: This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us
If you need to add or change any information, you can log into your Account and make the change in your settings. If it doesn’t look like you can make the change on your own, please reach out to us at support@delysium.com and we will work to correct any errors.
10.2
Request deletion: This enables you to ask us to delete or remove Personal Data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your Personal Data to comply with applicable law.
Please note: your right of deletion would not apply for various reasons including if we need to retain your Personal Data in order to comply with a legal obligation or to establish or defend a legal claim. Where we are unable to comply with your request of deletion, we will notify you at the time of your request.
10.3
Object to processing: You have the right to object to the processing of your Personal Data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your Personal Data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
10.4
Request restriction of processing: This enables you to ask us to suspend the processing of your Personal Data in the following scenarios:
10.4.1
if you want us to establish the data’s accuracy;
10.4.2
where our use of the data is unlawful but you do not want us to delete it;
10.4.3
where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
10.4.4
you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
10.5
Request to transfer: If you ask us, we will provide you or a third party you have chosen, your Personal Data in a structured, commonly used, machine-readable format.
Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
10.6
Withdrawal of consent: This applies where we are relying on consent to process your Personal Data. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent.
If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
If you wish to exercise any of the rights set out above, please contact us in writing by email to: support@delysium.com.
11. How You Exercise Your Rights
11.1
You will not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
11.2
We may need to request specific information from you to help us confirm your identity and ensure your rights to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
11.3
We try to respond to all legitimate requests within [one] month. Occasionally it may take us longer than [a] month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
12. California Residents Addendum
12.1
Under the California Consumer Privacy Act (“CCPA”), California residents are afforded certain rights about Personal Data (as the term is defined under the CCPA) that we collect, use, and share about them, which we have described in more detail below. For the purposes of this section, Personal Data does not include information exempted from the scope of the CCPA.
12.2
We may collect and disclose the following Personal Data of California consumers:
12.3
If you are a California resident, you may have certain rights with respect to your Personal Data, including the following:
12.3.1
the right to know, by way of our Privacy Policy and any specific inquiries you direct to us, the source of the Personal Data we have about you, what we use that information for, whether it is being disclosed or sold, and to whom it is being disclosed or sold;
12.3.2
the right, subject to certain exceptions, to have your Personal Data deleted from our possession or control;
12.3.3
right to opt-out from the sale of your Personal Data. As described in the section above, we do not sell Personal Data and have not done so in the past 12 months; and
12.3.4
right to not be discriminated against for exercising your rights under the CCPA, including, but not limited to, by:
12.3.4.1
denying goods or services to you;
12.3.4.2
charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
12.3.4.3
providing a different level or quality of goods or services to you; or
12.3.4.4
suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
12.4
California Civil Code Section 1798.83 permits California residents who use our website to request certain information regarding our disclosure of Personal Data to third parties for their direct marketing purposes. To make such a request, or if you have any questions or concerns about your California privacy rights, our Privacy Policy, or our use of your Personal Data, please send an e-mail to support@delysium.com.
12.5
For all California residents, any such inquiries shall be responded to within forty-five (45) days. We must verify your identity with respect to such inquiries. Depending on the nature of the Personal Data at issue, we may require additional measures or information from you as part of that verification.
12.6
For California residents under age 18 who have publicly posted content or information, you may request and obtain removal of such content or information pursuant to California Business and Professions Code Section 22581, provided you are a registered user of any website where this Policy is posted. To make such a request, please send an email with a detailed description of the specific content or information to support@delysium.com.
13. EU/UK Residents Addendum
13.1.1
We process your Personal Data in order to perform our contract with you, such as:
13.1.1.1
register and maintain your account with us;
13.1.1.2
provide you with our Services, other content, and website functionality;
13.1.1.3
to enable you to access and use our Services, associated applications, and associated social media platforms.
13.1.2
We obtain your consent to process your Personal Data for the following reasons:
13.1.2.1
sign you up for marketing communications;
13.1.2.2
personalize our Services for you;
13.1.2.3
if you opted into marketing, to communicate with you about products, services, marketing, promotions, events, and other news and information we think will be of interest to you.
13.1.3
In order to be responsive to you, to provide effective services to you, and to maintain our business relationship, as a matter of our legitimate interests, we will use your Personal Data to contact and communicate with you.
13.1.4
We may also use your Personal Data to comply with our legal obligations (such as compliance obligations) and resolve any disputes that we may have. We may also process your Personal Data for security and fraud prevention, and to ensure that our sites and apps are safe, secure, and used in line with our Terms of Use.
13.2
Where We Store Your Data
13.2.1
The Personal Data that we collect from you will be transferred to and stored at/processed in countries outside the European Economic Area (“EEA”) and the United Kingdom (“UK”). Your Personal Data is also processed by staff operating outside the EEA and the UK who work for us or one of our third party service providers or partners. We will take all steps reasonably necessary to ensure that your Personal Data is treated securely and in accordance with this Privacy Policy.
13.3
Transfers outside of the EEA
13.3.1
We may share your Personal Data within Delysium and other companies that assist in providing Delysium Services which are based in various locations globally. If you are based in Europe, this will involve transferring your data outside the EEA. In addition, many of our external third parties are also based outside of the EEA so their processing of your Personal Data will involve a transfer of data outside the EEA. We may transfer personal data from EEA to third countries outside of EEA, under the following conditions:
13.3.1.1
Contractual Obligation: Where transfers are necessary to satisfy our obligation to you under our EULA, including to provide you with our services and customer support services, and to optimize Delysium Games; and
13.3.1.2
Consent: where you have consented to the transfer of your Personal Data to a third country.
13.3.2
Whenever we transfer your Personal Data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
13.3.2.1
We will only transfer your Personal Data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
13.3.2.2
We may use specific contracts approved by the European Commission which give Personal Data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
13.3.2.3
In respect of transfers to entities in the US, we may transfer Personal Data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the US. For further details, see European Commission: EU-US Privacy Shield https://www.commerce.gov/tags/eu-us-privacy-shield.
If you are located in the EEA or the UK, you have certain rights in relation to your Personal Data:
13.4.1
Access: You have the right to access Personal Data we hold about you, how we use it, and who we share it with.
13.4.2
Portability: You have the right to receive a copy of the Personal Data we hold about you and to request that we transfer it to a third party, in certain circumstances and with certain exceptions.
13.4.3
Correction: You have the right to correct any of your Personal Data we hold that is inaccurate.
13.4.4
Erasure: In certain circumstances, you have the right to delete the Personal Data we hold about you.
13.4.5
Restriction of processing to storage only: You have the right to require us to stop processing the Personal Data we hold about you, other than for storage purposes, in certain circumstances.
13.4.6
Objection: You have the right to object to our processing of your Personal Data.
13.4.7
Objection to marketing: You can object to marketing at any time by opting out using the unsubscribe/opt-out function displayed in our communications to you.
13.4.8
Withdrawal of consent: Where we rely on consent to process your Personal Data, you have the right to withdraw this consent at any time by emailing us at support@delysium.com.
Please note that a number of these rights only apply in certain circumstances, and all of these rights may be limited by law. For example, where fulfilling your request would adversely affect other individuals or our trade secrets or intellectual property, where there are overriding public interests, or where we are required by law to retain your Personal Data.
To exercise any of these rights, you can email us at support@delysium.com. We will respond to requests to exercise these rights without undue delay and at least within one month (though this may be extended by a further two months in certain circumstances).
If you have complaints about how we process your Personal Data, please contact us at support@delysium.com and we will respond to your request as soon as possible.
If you think we have infringed data protection laws, you can file a claim with the data protection supervisory authority in the EEA country in which you live or work or where you think we have infringed data protection laws, or with the UK Information Commissioner’s Office, as applicable to you.
14. Children’s Privacy
14.1
Unfortunately, if you’re under 18, you cannot use our Services without parental consent. We do not knowingly solicit or collect information from anyone under 18. If we become aware that a person under the age of 18 has provided us with personal data without verification and parental consent, we will work to delete it immediately. If you believe we might have any information from or about a child under 18, please contact us at support@delysium.com.
14.2
Pursuant to the CCPA, we do not and will not sell the Personal Data of any California resident consumer less than 16 years of age, unless the consumer, in the case of consumers between 13 and 16 years of age, or the consumer’s parent or guardian, in the case of consumers who are less than 13 years of age, has affirmatively authorized the sale of the consumer’s Personal Data.
15.Privacy Policy Updates and Changes
We reserve the right to update and change this Privacy Policy from time to time in order to reflect any changes to the way in which we process your Personal Data or changing legal requirements. Any changes we may make to our Privacy Policy in the future will be posted on this website. Please check back frequently to see any updates or changes to our Privacy Policy. Your continued use of the Service constitutes your agreement to be bound by such changes to the Privacy Policy.
If you have any queries or complaints about our collection, use or storage of your Personal Data, or if you wish to exercise any of your rights in relation to your Personal Data, please contact us at support@delysium.com. We will investigate and attempt to resolve any such complaint or dispute regarding the use or disclosure of your Personal Data.
Based on the applicable laws of your country, you may have a right to request access to the Personal Data we collect from you, change, or delete the Personal Data. To request the review, update or removal of your Personal Data, please contact support@delysium.com.
Delysium 2022
