Welcome to the imaginechina limited website run by imaginechina and its affiliates and related corporations (individually and collectively, "imaginechina ", "we", "us" or "our"). imaginechina takes its responsibilities under applicable privacy laws and regulations ("Privacy Laws") seriously and is committed to respecting the privacy rights and concerns of all users of our imaginechina website (the "Site") (we refer to the Site and the services we provide as described in our Site collectively as the "Services"). We recognize the importance of the personal data you have entrusted to us and believe that it is our responsibility to properly manage, protect and process your personal data. This Privacy Notice (“Privacy Notice” or “Notice”) is designed to assist you in understanding how we collect, use, disclose and/or process the personal data you have provided to us and/or possess about you, whether now or in the future, as well as to assist you in making an informed decision before providing us with any of your personal data. This Privacy Notice is also designed to assist our users who live in the European Union (the “EU”) to understand their applicable data privacy rights that exist under the EU's General Data Protection Regulation when they use the Services. Please read this Privacy Notice carefully. If you have any questions regarding this information or our privacy practices, please see the section entitled "Questions, Concerns or Complaints? Contact Us" at the end of this Privacy Notice.
"Personal Data" or "personal data" means data, whether true or not, about an individual who can be identified from that data, or from that data and other information to which an organisation has or is likely to have access. Common examples of personal data could include name, identification number and contact information.
By using the Services, registering for an account with us, visiting our website, or accessing the Services, you acknowledge and agree that you accept the practices, requirements, and/or policies outlined in this Privacy Notice, and you hereby consent to us collecting, using, disclosing and/or processing your personal data as described herein.
if you do not consent to the processing of your personal data as described in this privacy notice, please do not use our services or access our website. if we change our privacy notice, we will post those changes or the amended privacy notice on our website. we reserve the right to amend this privacy notice at any time.
WHEN WILL IMAGINECHINA COLLECT PERSONAL DATA?
We will/may collect personal data about you:
when you submit any form, including,but not limited to, application forms or other forms relating to any of our products and services, whether online or by way of a physical form;
when you enter into any agreement or provide other documentation or information in respect of your interactions with us, or when you use our products and services;
when you interact with us, such as via telephone calls (which may be recorded), letters, fax, face-to-face meetings, social media platforms and emails;
when you use our electronic services, or interact with us via our website or use services on our website. This includes, without limitation, through cookies which we may deploy when you interact with our applications or website;
when you carry out transactions through our website or Services;
when you provide us with feedback or complaints;
when you register for a contest, for games or game specific events;
during your gameplay;
when you submit your personal data to us for any reason.
The above does not purport to be exhaustive and sets out some common instances of when personal data about you may be collected.
When you visit, use or interact with the Site or our mobile applications, we may collect certain information by automated or passive means using a variety of technologies, which technologies may be downloaded to your device and may set or modify settings on your device. The information we collect may include, without limitation, your Internet Protocol (IP) address, computer/mobile device operating system and browser type, type of mobile device, the characteristics of the mobile device, the unique device identifier (UDID) or mobile equipment identifier (MEID) for your mobile device, the address of a referring web site (if any), and the pages you visit on our website and mobile applications and the times of visit. We may collect, use disclose and/or process this information only for the Purposes (defined below).
Our mobile applications may collect precise information about the location of your mobile device using technologies such as GPS, Wi-Fi, etc. We collect, use, disclose and/or process this information for one or more Purposes including, without limitation, location-based services that you request or to deliver relevant content to you based on your location or to allow you to share your location to other users as part of the services under our mobile applications. For most mobile devices, you are able to withdraw your permission for us to acquire this information on your location through your device settings. If you have questions about how to disable your mobile device's location services, please contact your mobile device service provider or the device manufacturer.
WHAT PERSONAL DATA WILL IMAGINECHINA COLLECT?
The personal data that imaginechina may collect includes but is not limited to:
date of birth;
bank account and payment information;
any other information about the user when the user signs up to use our Services or website, and when the user uses the Services or website, as well as information related to how the user uses our Services or website; and aggregate data on content the user engages with.
If you do not want us to collect the aforementioned information/personal data, you may opt out at any time by notifying our Data Protection Officer in writing about it. Further information on opting out can be found in the section below entitled "How can you opt-out, remove, request access to or modify information you have provided to us?" . Note, however, that opting out of us collecting your personal data or withdrawing your consent for us to collect, use or process your personal data may affect your use of the Services. For example, opting out of the collection of location information will cause its location-based features to be disabled.
VIEWING WEB PAGES
As with most websites, your computer sends information which may include personal data about you that gets logged by a web server when you browse our Site. This typically includes without limitation your computer's IP address, operating system, browser name/version, the referring web page, requested page, date/time, and sometimes a "cookie" (which can be disabled using your browser preferences) to help the site remember your last visit. If you are logged in, this information is associated with your personal account. The information is also included in anonymous statistics to allow us to understand how visitors use our site.
We may from time to time implement "cookies" or other features to allow us or third parties to collect or share information that will help us improve our Site and the Services we offer, or help us offer new services and features. “Cookies” are identifiers we transfer to your computer or mobile device that allow us to recognize your computer or device and tell us how and when the Services or website are used or visited, by how many people and to track movements within our website. We may link cookie information to personal data. Cookies also link to information regarding what items you have selected for purchase pages you have viewed, or games you have played. This information is used to keep track of your shopping cart, for example. Cookies are also used to deliver content specific to your interest and to monitor website or game usage.
VIEWING AND DOWNLOADING CONTENT AND ADVERTISING
As with browsing web pages, when you watch content and advertising or download games and access other software on our Site or through the Services, most of the same information is sent to us (including, without limitation, IP Address, operating system, etc.); but, instead of page views, your computer sends us information on the content, advertisement or game viewed and/or software installed by the Services and the website and time. Additionally, the Services allow us to collect information regarding the games you have installed and uninstalled on your computer and what time you start and stop playing a game.
COMMUNITY & SUPPORT
We provide customer service support through email and feedback forms. In order to provide customer support, we will ask for your email address. Aside from this information, we do not ask for any personal data to provide customer support. We only use information received from customer support requests, including, without limitation, email addresses, for customer support services and we do not transfer to or share this information with any third parties.
You can also post questions and answer other user questions in our community forums. Our forum and messaging services allow you to participate in our community; to do so, we maintain information, such as your User ID, contact list and status messages, including what game you are currently playing (if you explicitly choose to enable this option). In addition, these and similar services in the future may require us to maintain your User ID and password.
From time-to-time, we may request information from users via surveys. Participation in these surveys is completely voluntary and you therefore have a choice whether or not to disclose your information to us. Information requested may include, without limitation, contact information (such as your email address), and demographic information (such as interests or age level). Survey information will be used for the purposes of monitoring or improving the use and satisfaction of the Services and will not be transferred to third parties, other than our contractors who help us to administer or act upon the survey.
HOW DO WE USE THE INFORMATION YOU PROVIDE US?
We may collect, use, disclose and/or process your personal data for one or more of the following purposes:
to consider and/or process your application/transaction with us or your transactions or communications with third parties via the Services;
to manage, operate, provide and/or administer your use of and/or access to our Services and our website, as well as your relationship and user account with us;
to manage, operate, administer and provide you with as well as to facilitate the provision of our Services, including, without limitation, remembering your preferences;
to tailor your experience through the Services by displaying content according to your interests and preferences, providing a faster method for you to access your account and submit information to us and allowing us to contact you, if necessary;
to respond to, process, deal with or complete a transaction and/or to fulfil your requests for certain products and services and notify you of service issues and unusual account actions;
to enforce our Terms of Service or any applicable end user license agreements;
to protect personal safety and the rights, property or safety of others;
for identification and/or verification;
to maintain and administer any software updates and/or other updates and support that may be required from time to time to ensure the smooth running of our Services;
to deal with or facilitate customer service, carryout your instructions, deal with or respond to any enquiries given by (or purported to be given by) you or on your behalf;
to contact you or communicate with you via voice call, text message and/or fax message, email and/or postal mail or otherwise for the purposes of administering and/or managing your relationship with us or your use of our Services, such as but not limited to communicating administrative information to you relating to our Services. You acknowledge and agree that such communication by us could be by way of the mailing of correspondence, documents or notices to you, which could involve disclosure of certain personal data about you to bring about delivery of the same as well as on the external cover of envelopes/mail packages;
to inform you when another user has sent you a private message or posted a comment for you on the Site;
to conduct research, analysis and development activities (including, but not limited to, data analytics, surveys, product and service development and/or profiling), to analyze how you use our Services, to improve our Services or products and/or to enhance your customer experience;
to allow for advertising and other audits and surveys to, among other things, validate the size and composition of our target audience, and understand their experience with imaginechina ’s Services;
where you give us your prior consent, for marketing and in this regard, to send you by various modes of communication such as postal mail, email, location-based services or otherwise, marketing and promotional information and materials relating to products and/or services (including, without limitation, products and/or services of third parties whom imaginechina may collaborate or tie up with) that imaginechina (and/or its affiliates or related corporations) may be selling, marketing or promoting, whether such products or services exist now or are created in the future. If you are in Singapore, In the case of the sending of marketing or promotional information to you by voice call, SMS/MMS or fax to your Singapore telephone number, we will not do so unless we have complied with the requirements of Singapore’s Privacy Laws in relation to use of such latter modes of communication in sending you marketing information or you have expressly consented to the same;
to respond to legal processes or to comply with or as required by any applicable law, governmental or regulatory requirements of any relevant jurisdiction, including, without limitation, meeting the requirements
to make disclosure under the requirements of any law binding on imaginechina or on its related corporations or affiliates;
to produce statistics and research for internal and statutory reporting and/or record-keeping requirements;
to carry out due diligence or other screening activities (including, without limitation, background checks) in accordance with legal or regulatory obligations or our risk management procedures that may be required by law or that may have been put in place by us;
to audit our Services or imaginechina 's business;
to prevent or investigate any fraud, unlawful activity, omission or misconduct, whether relating to your use of our Services or any other matter arising from your relationship with us, and whether or not there is any suspicion of the aforementioned;
to store, host, back up (whether for disaster recovery or otherwise) of your personal data, whether within or outside of your jurisdiction;
to deal with and/or facilitate a business asset transaction or a potential business asset transaction, where such transaction involves imaginechina as a participant or involves only a related corporation or affiliate of imaginechina as a participant or involves imaginechina and/or any one or more of imaginechina 's related corporations or affiliates as participant(s), and there may be other third party organizations who are participants in such transaction. A “business asset transaction” refers to the purchase, sale, lease, merger, amalgamation or any other acquisition, disposal or financing of an organization or a portion of an organization or of any of the business or assets of an organization; and/or
any other purposes which we notify you of at the time of obtaining your consent.
(collectively, the “Purposes”).
As the purposes for which we will/may collect, use, disclose or process your personal data depend on the circumstances at hand, such purpose may not appear above. However, we will notify you of such other purpose at the time of obtaining your consent, unless processing of the applicable data without your consent is permitted by the Privacy Laws.
SHARING OF INFORMATION FROM THE SERVICES
Our Services enable users to share personal information with each other, in almost all occasions without imaginechina ’s involvement, to complete transactions. In a typical transaction, users may have access to each other’s name, User ID, email address and other contact and postage information. Our Terms of Service require that users in possession of another user’s personal data (the “Receiving Party”) must (i) comply with all applicable Privacy Laws; (ii) allow the other user (the “Disclosing Party”) to remove him/herself from the Receiving Party’s database; and (iii) allow the Disclosing Party to review what information have been collected about them by the Receiving Party.
HOW DOES IMAGINECHINA PROTECT CUSTOMER INFORMATION?
We implement a variety of security measures to ensure the security of your personal data on our systems. User personal data is contained behind secured networks and is only accessible by a limited number of employees who have special access rights to such systems. We will retain personal data in accordance with the Privacy Laws and/or other applicable laws. That is, we will destroy or anonymize your personal data as soon as it is reasonable to assume that (i) the purpose for which that personal data was collected is no longer being served by the retention of such personal data; and (ii) retention is no longer necessary for any legal or business purposes. If you cease using the Site, or your permission to use the Site and/or the Services is terminated, we may continue storing, using and/or disclosing your personal data in accordance with this Privacy Notice and our obligations under the Privacy Laws. Subject to applicable law, we may securely dispose of your personal data without prior notice to you.
DOES IMAGINECHINA DISCLOSE THE INFORMATION IT COLLECTS FROM ITS VISITORS TO OUTSIDE PARTIES?
In conducting our business, we will/may need to disclose your personal data to our third party service providers, agents and/or our affiliates or related corporations, and/or other third parties, for one or more of the above-stated Purposes. Such third party service providers, agents and/or affiliates or related corporations and/or other third parties would be processing your personal data either on our behalf or otherwise, for one or more of the above-stated Purposes. Such third parties include, without limitation:
our subsidiaries, affiliates and related corporations;
contractors, agents, service providers and other third parties we use to support our business. These include but are not limited to those which provide administrative or other services to us such as mailing houses, telecommunication companies, information technology companies and data centers;
a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of imaginechina ’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal data held by imaginechina about our users is among the assets transferred; or to a counterpart in a business asset transaction that imaginechina or any of its affiliates or related corporations is involved in; and
third parties to whom disclosure by us is for one or more of the Purposes and such third parties would in turn be collecting and processing your personal data for one or more of the Purposes
This may require, among other things, disclosing your gaming history and/or disclosing records showing which games were viewed by which IP addresses. We will also share statistical and demographic information about our users and their use of the Services with suppliers of advertisements and programming. This would not include anything that could be used to identify you specifically or to discover individual information about you.
Additionally, you may elect to export your user activity feeds as RSS feeds which may be subscribed to by other users, which may include information regarding your game play, installation of games, connections with other users and other information about your account activity which is published as a feed on the Site.
For the avoidance of doubt, in the event that Privacy Laws or other applicable laws permit an organization such as us to collect, use or disclose your personal data without your consent, such permission granted by the laws shall continue to apply.
Third parties may unlawfully intercept or access personal data transmitted to or contained on the site, technologies may malfunction or not work as anticipated, or someone might access, abuse or misuse information through no fault of ours. We will nevertheless deploy reasonable security arrangements to protect your personal data as required by the Privacy Laws; how ever there can inevitably be no guarantee of absolute security such as but not limited to when unauthorized disclosure arises from malicious and sophisticated hacking by malcontents through no fault of ours.
INFORMATION ON CHILDREN
The Services are not intended for children under the age of 10. We do not knowingly collect or maintain any personal data or non-personally-identifiable information from anyone under the age of 10 nor is any part of our Site or other Services directed to children under the age of 10. We will close any accounts used exclusively by such children and will remove and/or delete any personal data we believe was submitted by any child under the age of 10.
DISCLAIMER REGARDING SECURITY AND THIRD PARTY SITES
We do not guarantee the security of personal data and/or other information that you provide on third party sites. We do implement a variety of security measures to maintain the safety of your personal data that is in our possession or under our control. Your personal data is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the personal data confidential. When you place orders or access your personal data, we offer the use of a secure server. All personal data or sensitive information you supply is encrypted into our databases to be only accessed as stated above.
In an attempt to provide you with increased value, we may choose various third party websites to link to, and frame within, the Site. We may also participate in co-branding and other relationships to offer e-commerce and other services and features to our visitors. These linked sites have separate and independent privacy policies as well as security arrangements. Even if the third party is affiliated with us, we have no control over these linked sites, each of which has separate privacy and data collection practices independent of us. Data collected by our co-brand partners or third party web sites (even if offered on or through our Site) may not be received by us.
We therefore have no responsibility or liability for the content, security arrangements (or lack thereof) and activities of these linked sites. These linked sites are only for your convenience and you therefore access them at your own risk. Nonetheless, we seek to protect the integrity of our Site and the links placed upon each of them and therefore welcome any feedback about these linked sites (including, without limitation, if a specific link does not work).
WILL IMAGINECHINA TRANSFER YOUR INFORMATION OVERSEAS?
Your personal data and/or information may be transferred to, stored or processed outside of your country. In most cases, your personal data will be processed in Singapore, where our servers are located and our central database is operated. imaginechina will only transfer your information overseas in accordance with Privacy Laws. More information about the transfer out of the EU, of personal data and/or information relating to users who are located in the EU, can be found in the section titled "Additional Provisions for EU Users Only".
HOW CAN YOU OPT-OUT, REMOVE, REQUEST ACCESS TO OR MODIFY INFORMATION YOU HAVE PROVIDED TO US?
Opting Out and Withdrawing Consent
To modify your email subscriptions, please let us know by sending an email to our Personal Data Protection Officer at the address listed below. Please note that due to email production schedules, you may still receive emails that are already in production.
You may withdraw your consent for the collection, use and/or disclosure of your personal data in our possession or under our control by sending an email to our Personal Data Protection Officer at the email address listed below in Section 20.2.
Once we have your clear withdrawal instructions and verified your identity, we will process your request for withdrawal of consent, and will thereafter not collect, use and/or disclose your personal data in the manner stated in your request. If we are unable to verify your identity or understand your instructions, we will liaise with you to understand your request.
However, your withdrawal of consent could result in certain legal consequences arising from such withdrawal. In this regard, our ability to provide the Services may be affected and, depending on the extent of your withdrawal of consent for us to process your personal data, it may mean that we will not be able to continue providing the Services to you, we may need to terminate your existing relationship and/or the contract you have with us, etc., as the case may be, which we will inform you of.
Requesting Access and/or Correction of Personal Data
If you have an account with us, you may personally access and/or correct your personal data currently in our possession or control through the Account Settings page on the Site. If you do not have an account with us, you may request to access and/or correct your personal data currently in our possession or control by submitting a written request to us. We will need enough information from you in order to ascertain your identity as well as the nature of your request so as to be able to deal with your request. Hence, please submit your written request by sending an email to our Personal Data Protection Officer at the email address listed below in Section 20.2.
For a request to access personal data, once we have sufficient information from you to deal with the request, we will seek to provide you with the relevant personal data within 30 days (or, if you are resident in Malaysia, 21 days). Where we are unable to respond to you within the said 30 days (or, if you are resident in Malaysia, 21 days), we will notify you of the soonest possible time within which we can provide you with the information requested. Note that Privacy Laws may exempt certain types of personal data from being subject to your access request.
For a request to correct personal data, once we have sufficient information from you to deal with the request, we will:
correct your personal data within 30 days (or, if you are resident in Malaysia, 21 days). Where we are unable to do so within the said period, we will notify you of the soonest practicable time within which we can make the correction. Note that Privacy Laws may exempt certain types of personal data from being subject to your correction request as well as provides for situation(s) when correction need not be made by us despite your request; and we will send the corrected personal data to every other organization to which the personal data was disclosed by us within a year before the date the correction was made, unless that other organization does not need the corrected personal data for any legal or business purpose.
Notwithstanding sub-paragraph (b) immediately above, we may, if you so request, send the corrected personal data only to specific organizations to which the personal data was disclosed by us within a year before the date the correction was made.
We will/may also be charging you a reasonable fee for the handling and processing of your requests to access your personal data. If we so choose to charge, we will provide you with a written estimate of the fee we will be charging. Please note that we are not required to respond to or deal with your access request unless you have agreed to pay the fee.
We reserve the right to refuse to correct your personal data in accordance with the provisions as set out in Privacy Laws, where they require and/or entitle an organization to refuse to correct personal data in stated circumstances.
ADDITIONAL PROVISIONS FOR EU USERS ONLY
The provisions in this Section only apply if you are a user who is located in the European Union (“EU”). These provisions take precedence over any inconsistent provisions in the remainder of this Privacy Notice.
You have the right to obtain from us the Personal Data that you have previously provided to us, and which we process on the basis of your consent in accordance with Section 10 in a structured, commonly used and machine-readable format and a right to request that we transfer such Personal Data to another party.
If you wish for us to transfer the Personal Data to another party, please ensure you detail that party and note that we can only do so where it is technically feasible. We are not responsible for the security of the Personal Data or its processing once received by the third party. We also may not provide you with certain Personal Data if providing it would interfere with another’s rights (e.g. where providing the Personal Data we hold about you would reveal information about another person).
You may request that we erase the Personal Data we hold about you in the following circumstances:
you believe that it is no longer necessary for us to hold the Personal Data we hold about you;
we are processing the Personal Data we hold about you on the basis of your consent, and you wish to withdraw your consent and there is no other ground under which we can process the Personal Data;
we are processing the Personal Data we hold about you on the basis of our legitimate interest and you object to such processing. Please provide us with detail as to your reasoning so that we can assess whether there is an overriding interest for us to process and retain such Personal Data;
you no longer wish us to use the Personal Data we hold about you in order to send you promotions, special offers, marketing and lucky draws; or
you believe the Personal Data we hold about you is being unlawfully processed by us.
Please provide as much detail as possible on your reasons for the request to assist us in determining whether you have a valid basis for erasure. However, we may retain the Personal Data if there are valid grounds under law for us to do so (e.g., for the defence of legal claims or freedom of expression) but we will let you know if that is the case. Please note that after deleting the Personal Data, we may not be able to provide the same level of servicing to you as we will not be aware of your preferences.
Retention of Personal Data
We retain your Personal Data as long as needed to provide services or products to you, or as required or permitted by applicable laws, such as tax and accounting laws. If you make a request for erasure of your Personal Data under Section 19.3 and we determine that there is a valid basis for your request, we will endeavour to erase the Personal Data within 30 days of your request, or inform you if it will take longer.
Objection against Profiling and Targeted Marketing
At any time you have the right to object to our processing of Personal Data about you in order to send you promotions, special offers and marketing messages, including where we build profiles for such purposes and we will stop processing the Personal Data for that purpose. Please provide as much detail as possible on your reasons for the request to assist us in determining whether you have a valid basis for objection. However, we may retain the Personal Data if there are valid grounds under law for us to do so.
Restriction of Processing to Storage Only
You have a right to request that we restrict the processing of the Personal Data we hold about you to storage purposes only, where:
you believe the Personal Data is not accurate, for the period it takes for us to verify whether the Personal Data is accurate;
we wish to erase the Personal Data but you want us to just store it instead;
we wish to erase the Personal Data as it is no longer necessary for our purposes but you require it to be stored for the establishment, exercise or defence of legal claims; or
you have objected to us processing Personal Data we hold about you on the basis of our legitimate interest and you wish us to stop processing the Personal Data whilst we determine whether there is an overriding interest in us processing and retaining such Personal Data.
Transfer of Personal Data outside the EU
Your Personal Data may be transferred outside of the EU in accordance with Section 17. We take appropriate steps to ensure that recipients of your Personal Data are bound to duties of confidentiality and we implement measures such as appropriate contractual clauses to ensure that the recipients of such transfer protect and treat your Personal Data in accordance with all applicable personal data protection laws.
Information on Children
The Services are not intended for children under the age of 16 who are located in the EU. We do not knowingly collect or maintain any personal data or non-personally-identifiable information from anyone under the age of 16 who is located in the EU, nor is any part of our Site or other Services directed to children under the age of 16 who are located in the EU. We will close any accounts used exclusively by such children and will remove and/or delete any personal data we believe was submitted by any child under the age of 16 who is located in the EU.
QUESTIONS, CONCERNS OR COMPLAINTS? CONTACT US
If you have any questions or concerns about our privacy practices or your dealings with the Services, please do not hesitate to contact: email@example.com
If you have any complaint or grievance regarding how we are handling your personal data or about how we are complying with Privacy Laws, please contact us through email with your complaint or grievance as follows:
E.mail: firstname.lastname@example.org and Attention it to the "Personal Data Protection Officer".
Indicating in the subject header of the email that you are sending a Privacy Law complaint would assist us in attending to your complaint speedily, by passing it on to the relevant staff in our organization to handle. For example, you could insert the subject header as “Privacy Complaint”.
We will certainly strive to deal with any complaint or grievance that you may have fairly and as soon as possible.
TERMS AND CONDITIONS
Please also read the Terms of Service establishing the use, disclaimers, and limitations of liability governing the use of the Site and the Services and other related policies.