When you contract tuse the Game or use the Community Website (the “Game Services” or “Services”), you accept our rules and policies regarding your personal information and you expressly consent tus collecting, processing, using and storing your personal information, as described in this policy.
If you have any comments, questions or complaints regarding the processing of your personal information, you can contact us at Privacy@service.netease.com.
The Types of Personal Information We Use
This section describes the different types of personal information we collect and how we collect it. We will collect and use the following information about you:
Information you give us. You give us information about you:
when you register for the Game (including your nominated nickname, and information we import from your connected social media account (Facebook, Twitter) in order tset up your profile, including your name as it appears on your social media profile and your profile picture);
when you set up your profile for the Game (including information you voluntarily elect tprovide in order tcustomise gameplay, such as gender);
when you submit your contact details tus (including your name, email address and physical address) as part of promotional activities for the Game; and
when you make purchases in the Game (in which case we will process the information you provide tus tfacilitate the payment).
Information we collect about you. We automatically collect certain data from you when you use the Game and/or the Community Website, including your IP address, physical location and device information (such as device type, network data, OS) and information regarding your use of the Game and/or the Community Website, such as date and time stamps of actions. We alscollect and store your data each time you interact with us, for example, when you use in-app support tcommunicate with us.
Information you generate and display in the course of using the Game Services. You may provide additional information as part of your profile (such as gender). You may alsprovide or generate information when you communicate with other users in the Game (e.g., chat log data, chat content).
You have the option tpermit installation of such Cookies or subsequently disable them. You may accept all cookies, or instruct the device (in the case of the Game) or web browser (in the case of the Community Website) tprovide notice at the time of installation of cookies, or refuse taccept all cookies by adjusting the relevant cookie retention function in your device. However, in the event of your refusal tinstall cookies, the Game may be unable toperate as designed.
Our Service is not intended for children. If you are located in the European Economic Area and under the age of 16, you must not use the Service for any purpose.
How We Use Your Personal Information
We will use the information in the following ways and in accordance with the following legal bases:
Device Information (Device ID, Device Type, Operating System, CPU, RAM, IP address, MAC address): We use this information tprovide and improve the Game Services such as: tallow users tdownload and install the Game on their devices; trecord and keep track of requests from users of the Game; tdetect the user network and device status when the user is playing the Game; and tcorrect bugs or errors that occur when the user is playing the Game. Use of Device Information is necessary tperform our contract with you tprovide the Game.
Game Data (Level, Heroes, Score, chat log and etc): We use this information tprovide Services tusers as it is the basis of our Game. Use of Game Data is necessary tperform our contract with you tprovide the Game.
How We Store and Share Your Personal Information
In order tperform our contract with you, your personal information will be accessible from and will be processed on our servers (depending upon your location and the game server you select). Our servers are located in:
the United States; and
the People's Republic of China (“PRC”); and
the European Union
We share your personal information with selected third parties in and outside your country, including:
third parties that provide services in support of the Game and the Community Website, including:
Amazon Web Services (“AWS”), located in the United States, that processes download and instalment information, account set-up and log-in information, user log information, purchase information, notification push information, social sharing information, on the basis of Privacy-Shield certified, for the purpose of hosting the Game;
Facebook, located in the United States, that processes Device ID and some of in-app activities, on the basis of Privacy-Shield certified, for the purpose of the evaluation of its marketing services;
Amap, located in the United States, that processes physical locations, on the basis of the performance of our contract with you, for the purpose of providing in-app Location-Based Service;
Apple, located in the United States, that processes of purchase information, on the basis of the performance of our contract with you, for the purpose of providing in-app purchase;
Google, located in the United States, that processes of purchase information, on the basis of Privacy-Shield certified, for the purpose of providing in-app purchase;
Helpshift, located in the United States, that processes of Registration Information and Device Information, on the basis of Privacy-Shield certified, for the purpose of providing in-app customer support;
related group companies, with whom we share all of your personal information toperate the Game Services. The transfers contemplated above are made pursuant tour contract with you.
law enforcement agencies, public authorities or other judicial bodies and organisations. We disclose information if we are legally required tdso, or if we have a good faith belief that such use is reasonably necessary to:
comply with a legal obligation, process or request;
enforce our terms of service and other agreements, policies, and standards, including investigation of any potential violation thereof;
detect, prevent or otherwise address security, fraud or technical issues; or
protect the rights, property or safety of us, our users, a third party or the public as required or permitted by law (including exchanging information with other companies and organisations for the purposes of fraud protection); and
a third party that acquires all or substantially all of us or our business. We will disclose information ta third party in the event that we sell or buy any business or underga merger, in which case we will disclose your data tthe prospective buyer of such business. We will alsdisclose information ta third party if we sell, buy, merge or partner with other companies or businesses, or sell some or all of our assets. In such transactions, user information may be among the transferred assets.
The Security of Your Personal Information
Unfortunately, the transmission of information via the internet is not completely secure. Although we will dour best tprotect your personal information, we cannot guarantee the security of the information transmitted tour services; any transmission of your information is at your own risk.
We will retain most of your personal information for the lifetime of your use of the Services (i.e. until account deletion in accordance with your request) except that: Contact Information obtained from promotional activities will be retained during the lifetime of such activities and Contact Information obtained from customer services will be retained within twyears of the date you provide.
When destroying personal information, measures will be taken tmake the personal information irrecoverable or irreproducible, and electronic files which contain personal information will be deleted permanently using a technical method which makes the files irreproducible.
In the event that the processing and retention period have terminated, but personal information is required tbe retained continuously for other reasons including for the purposes as prescribed under applicable laws, the relevant personal information will be stored and maintained separately from other types of personal information. If you require us tdestroy your personal information before the end of its life cycle (as set out in the retention policy above), we will destroy your personal information in accordance with local laws).
This section (“Your Rights”) applies tusers that are located in the European Economic Area only. For users located in other territories, please refer tthe privacy clauses in our User Agreement.
You have certain rights in relation tthe personal information we hold about you. Some of these only apply in certain circumstances (as set out in more detail below). We must respond ta request by you texercise those rights without undue delay and at least within one month (though this may be extended by a further twmonths in certain circumstances). Texercise any of your rights, please contact us at email@example.com.
You have the right taccess personal information we hold about you, how we use it, and whwe share it with. If you believe we hold any other personal information about you, please contact us and complete the corresponding request form.
You have the right treceive a copy of certain personal information we process about you. This comprises any personal information we process on the basis of your consent (e.g., gender information) or pursuant tour contract with you (e.g., game play statistics), as described in the section “How We Use Your Personal Information”. You have the right treceive this information in a structured, commonly used and machine-readable format. You alshave the right trequest that we transfer that personal information tanother party.
If you wish for us ttransfer such personal information ta third party, please ensure you detail that party in your request. Note that we can only dswhere it is technically feasible. Please note that we may not be able tprovide you with personal information if providing it would interfere with another’s rights (e.g., where providing the personal information we hold about you would reveal information about another person or our trade secrets or intellectual property).
You have the right tcorrect any personal information held about you that is inaccurate. If you believe we hold any other personal information about you and that information is inaccurate, please contact us and complete the request form.
You can delete your account, or remove certain personal information. If there is any other personal information you believe we process that you would like us terase, please contact us and complete the request form.
You may request that we erase the personal information we hold about you in the following circumstances:
you believe that it is nlonger necessary for us thold such personal information; or
you believe the personal information we hold about you is being unlawfully processed by us.
You can alsexercise your right trestrict our processing of your personal information (as described below) whilst we consider your request.
We may need tretain personal information if there are valid grounds under data protection laws for us tds(e.g., for the defence of legal claims or freedom of expression) but we will let you know if that is the case. Where you have requested that we erase personal information that has been made available publicly on the Game Services and there are grounds for erasure, we will use reasonable steps ttry ttell others that are displaying the personal information or providing links tthe personal information terase it too.
Restriction of Processing to Storage Only
You have a right trequire us tstop processing the personal information we hold about you other than for storage purposes in certain circumstances. Please note, however, that if we stop processing the personal information, we may use it again if there are valid grounds under data protection laws for us tds(e.g., for the defence of legal claims or for another’s protection). As above, where we agree tstop processing the personal information, we will try ttell any third party twhom we have disclosed the relevant personal information sthat they can stop processing it too.
You may request we stop processing and just store the personal information we hold about you where:
you believe the personal information is not accurate for the period it takes for us tverify whether it is accurate;
you wish terase the personal information as the processing we are doing is unlawful but you want us tretain the personal information but just store it instead; or
you wish terase the personal information as it is nlonger necessary for our purposes but you require it tbe stored for the establishment, exercise or defence of legal claims.
You have the right tobject tour processing of personal information about you. We will consider your request in other circumstances as detailed below by contact us and completing the request form.
We may from time ttime send you announcements when we consider it necessary tds(such as when we temporarily suspend Game access for maintenance, or security, privacy or administrative-related communications). You may not opt-out of these service-related announcements, which are not promotional in nature.
Contact & Complaints
For the purposes of European Data Protection Law, the Data Controller is Hong Kong NetEase Interactive Entertainment Limited.
In the event that you wish tmake a complaint about how we process your personal information, please contact us in the first instance at Privacy@service.netease.com and we will endeavour tdeal with your request as soon as possible. This is without prejudice tyour right tlaunch a claim with the data protection authority in the country in which you live or work where you think we have infringed data protection laws.
If we make any material changes tthis policy, we will post the updated policy here and notify our users. Please check this page frequently tsee any updates or changes tthis policy.
1 About These Terms
1.1 This Agreement is entered intby and between you and Hong Kong NetEase Interactive Entertainment Limited (hereinafter referred tas "NetEase", "we", "us" or "our") in relation tour online game and any related services (together referred tas our "Game"). You agree that by accessing and/or playing our Game, you are binding tthis Agreement. In addition, when using our Game, you may be subject tany posted guidelines or rules applicable tsuch Game which may be posted from time ttime.
1.2 We may update this Agreement from time ttime by posting the amended terms in our Game or websites. Your continued use of our Game will be deemed as your acceptance of the updated agreement.
1.3 YOU CONSENT TENTERING THESE TERMS ELECTRONICALLY, AND TTHE STORAGE OF RECORDS RELATED TTHESE TERMS IN ELECTRONIC FORM.
2.1 Subject tthe laws of your residence country, minor children may utilize an account established by their parent or legal guardian. If you permit your minor child or legal ward (collectively, your "Child") tuse an account, you hereby agree tthis agreement on behalf of yourself and your Child, and you understand and agree that you will be responsible for all uses of the account by your Child whether or not such uses were authorized by you.
2.2 You agree that you will make necessary efforts tprotect your account information and keep it confidential. You agree that you may not transfer your account as well as any of your rights or obligations under this Agreement tanyone else or share your account information with others without our prior consent.
3 User Conduct and Content
3.1 You must follow applicable laws of the jurisdiction where you are located when visiting our Game. If any applicable laws restrict or forbid you from playing our Game, you shall follow such restrictions or stop visiting or playing our Game.
3.2 Users may send, upload, communicate, transmit or provide in other methods, information, data, software, sound, photographs, graphics, video, tags, or other materials ("Content") via our Game. You are exclusively responsible for any and all Content that you may provide via our Game, either published in public or sent in private. Regarding tsuch Content, you agree tcomply with applicable laws and tthe following:
3.2.1 You will not provide any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, discriminatory, pornographic, sexually explicit or otherwise;
3.2.2 You will not provide any Content that contains viruses, corrupted data, or other harmful, disruptive, or destructive files;
3.2.3 You will not provide Content that will be made in breach of any legal duty owed ta third party, such as a contractual duty or a duty of confidence;
3.2.4 You will not provide any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
3.2.5 You will not provide any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; and
3.2.6 You will not provide any Content that contains anything that, in the sole determination of NetEase, is objectionable or inhibits any other person from using or enjoying the Game, or which may expose NetEase or its users tany harm or liability of any kind.
3.3 By playing our Game, you agree that you will not:
3.3.1 except for a necessary backup for playing our Game, reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of our Game;
3.3.2 use our Game in violation of any laws, regulations, decrees, orders, injunctions, or any other mandatory limitations imposed by any governmental branches, including legislation, administration and judiciary;
3.3.3 use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed tmodify any part of the Game, collect any information of the Game or connect tthe Game;
3.3.4 use our Game for any purpose other than a reasonable person is likely tbelieve is within the spirit of playing, specifically including without limited tcommercial purposes;
3.3.5 reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works based on our Game, any Content created by others or any portion thereof, in whole or in part;
3.3.6 remove or amend any patent notice, copyright notice or other intellectual property information from our Game;
3.3.7 collect any information, other than reasonably necessary for playing the Game, of other users; and
3.3.8 Unless otherwise specified, transfer virtual currencies such as gold coins and points ("Virtual Money") or items or services for use within our Game ("Virtual Goods") in any way once you purchase it, including but not limited ttransaction, gift and exchange for real money.
3.3.9 use our Game in any other way not permitted by this Agreement or any posted guidelines or rules.
4.1 You are responsible for obtaining and maintaining necessary devices for playing our Game, including but not limited tmobile phones and pads, and for device fees, including but not limited tInternet fees, data fees and electricity fees. You recognize that these fees are paid tthird parties not relevant tthis Agreement and shall not incur any liability of us under this Agreement.
4.2 You understand that due tthe specialty of the online games, we may update our Game from time ttime, which may block your access tthe Game for a period of time and result in the modification of the content of the Game. We are not liable for any losses incurred by such updates except for those due tour intent or gross negligence. Unless under an urgent circumstance, we will inform you of such update in advance.
4.3 In the circumstance that our Game is in a “test period” or a “beta version” or something of that kind, your access tour Game may be subject tspecific rules, such as limited period or limited number of users taccess tthe Game, privilege of some users taccess tthe Game, our reserved rights tmodify or delete the game data of users, and irregular shut down of the Game servers. Please read carefully these rules and your cooperation and feedbacks upon our beta version of the Game are highly appreciated.
5.1 Although we endeavor tprovide the accurate and reliable services of our Game, you expressly understand and acknowledge that OUR GAME, AS WELL AS THE RELATED SERVICE AND INFORMATION, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TTHE WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY OR BUG/ERROR/DEFECT-FREE.
5.2 Without limiting our liabilities expressly set forth herein or required by the applicable laws, you expressly understand and agree that WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE INABILITY TUSE OUR GAME, AND/OR RELATED SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTTHROUGH OR FROM OUR GAME, AND/OR RELATED SERVICES; (III) UNAUTHORIZED ACCESS TOR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY IN OUR GAME, AND/OR RELATED SERVICES; OR (V) ANY OTHER MATTER RELATING TOUR GAME, AND/OR RELATED SERVICES. IN NEVENT SHALL OUR AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TUS DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TTHE TIME SUCH CLAIM AROSE.
6 Breach and Indemnification
6.1 In case we reasonably find that you have breached this Agreement or any posted guidelines or rules, we may take such actions as we deem appropriate, including but not limited to: (i) removing any involved Content; (ii) restoring your Game data tthe status before your breach; (iii) terminating your right tuse our Game; (iv) taking legal action against you or disclosing relevant information tlaw enforcement authorities and (v) any other actions set forth in any posted guidelines and rules.
6.2 You will indemnify and hold us harmless from any and all third party claims, losses, damages, liabilities, costs, and expenses, relating tor arising under or out of the relationship between you and us described in this Agreement, including but not limited tany breach of this Agreement. You hereby agree that we shall have the right tcontrol the legal defense against any such claims, demands, or litigation, including the right tselect counsel of our choice and tcompromise or settle any such claims, demands, or litigation.
7 Intellectual property
7.1 NetEase and our associated logos and names are our trademarks and/or service marks. Other marks, names and logos used in the Game, are the trademarks, service marks or logos of their respective owners. You are granted nright or license with respect tany of the aforesaid trademarks, service marks or logos.
7.2 The Game and all data, content and software associated with or generated within it including without limitation any and all Virtual Goods and Virtual Money (collectively referred tas our “Work”) may be protected by the laws of copyright, trademark, patent, trade secret and/or other laws, and we reserve and retain all rights (including without limitation the intellectual property rights and ownership) in our Work. Subject tthe terms and conditions of this Agreement and any applicable posted guideline or rules, we hereby grant you a limited, revocable, non-sublicensable and non-exclusive license tuse and reproduce our Work solely for your personal use in connection with our Game. Unless expressly set forth herein, you may not otherwise reproduce (other than incidental reproduction required trun the Game on your device), distribute, disseminate tthe public, make available, adapt, publicly perform, or publicly display our Work or any adaptations thereof. The license granted herein will automatically terminate in the event of your breach of this Agreement. You can use the Work obtained within our Game for slong as we operate our Game unless the Work is specially marked with duration or maximum charges under which circumstance the license of using such Work will be terminated if the duration expires or the maximum charges are reached. You may pay for license of some Work (such as some Virtual Money and Virtual Goods) and you agree that SUCH PAYMENT IS FINAL AND NON-REFUNDABLE UNLESS APPLICABLE LAWS SPECIFY OTHERWISE. Some Work may be subject tcertain third party’s license such as open source license as stated in the Game or our website. Please read carefully the license agreement of such third party and make sure you comply with the requirements set forth in such agreement when using the certain Work.
8.1 By playing our Game or using any related services, you may provide the following information tus:
8.1.1 Login information which is used tidentify specific users of the Game and may include game account or any third party account tlog in the Game. When you register a game account we will expressly indicate the information tbe provided. If any third party account is used tlog in the Game, your information will be collected subject tthe private policy of such third party.
8.1.2 Non-personally identifiable information formed or provided during your use of our Game or any services related, such as your gaming duration, device, IP address and operating system timprove your experience in our Game.
8.1.3 Your interactions with us, including but not limit tContent, claims, critics, suggestions, feedbacks, and investigations, as well as the information you provided tus during the interaction.
8.2 The above information may be provided by you when you: (1) register for an account; (2) update your account; (3) request technical service support; (4) purchase products or services; (5) enroll in subscription orders; (6) subscribe tnewsletters or updates; or (7) make payments for items and advanced functions, within our Game or any related services.
8.3 We will collect, dispose and use your information in accordance with this Agreement. Your continued use of our Game will deem as your acceptance for us tobtain, utilize and use your information subject tthis Agreement.
8.4 Information collected under this provision will be only used for:
8.4.1 Provision of our game tusers;
8.4.2 Enhancement of user experience;
8.4.3 Identification of the most popular part of our game and estimation of our marketing initiatives; or
8.4.4 Notification of the Game updates tusers.
8.5 Under and only under the following circumstance, information collected under this provision will be disclosed tthe designated third parties:
8.5.1 For the purpose set forth above, our affiliates or sub-contractors may be commissioned tprocess such information, provided that such affiliates or sub-contractors comply with terms and conditions hereunder.
8.5.2 We may alsdisclose such information (i) as you required; (ii) a regulatory requirement, judicial proceeding, court order or legal process served on us; or (iii) tprotect the safety, health, right, or property of others, public or ourselves.
8.6 We will safely manage the information provided by you with reasonable care and comply with the applicable laws and regulations.
8.7 Our Game may contain links tmany other web sites or applications, users shall read the corresponding privacy policies carefully in the access tthose web sites or applications. We will not be responsible for the acts of such websites or applications.
9 Governing law and Jurisdiction
9.1 Unless otherwise stipulated by applicable laws, this Agreement shall be governed by the laws of the Hong Kong, as an agreement wholly performed, negotiated and executed therein without regard tHong Kong’s conflict of law rules. Any disputes relating in any way tor arising under or out of your use of the Game or the User Agreement shall be binding upon the arbitration held by the China International Economic and Trade Arbitration Commission (“CIETAC”) Hong Kong Arbitration Center. You hereby consent tpersonal jurisdiction and venue in CIETAC Hong Kong Arbitration Center.
You agree that we may transfer all or a part of our rights or obligations under this Agreement ta third party upon prior notice tyou.
10.2 Entire agreement
This Agreement sets forth the entire agreement between you and us, and supersedes and replaces any and every other prior or contemporaneous agreement, understanding or negotiation that may have existed between you and us.
If, but only tthe extent that, any provision of this Agreement is declared or found tbe illegal, unenforceable, or void, then both you and us shall be relieved of all obligations arising under that provision, it being the intent and the agreement of you and us that this Agreement will be considered tbe amended by modifying the provision tthe extent necessary tmake it legal and enforceable while preserving its intent. If that is not possible, it shall be substituted with another provision that is legal and enforceable and achieves the same objective. If the remainder of this Agreement is not affected and is capable of substantial performance, then the remainder shall be enforced tthe extent permitted by law.
10.4 Waivers of our rights
The failure of us tenforce at any time or for any period of time any of the provisions hereof shall not be construed tbe a waiver of such provision or of the right of us thereafter tenforce each such provision. Nwaiver of any term or condition of this Agreement shall be valid or binding on us unless the same shall have been set forth in a written document, specifically referring tthis Agreement and duly signed by us.
10.5 Contact Us
If you have any further questions this User Agreement or the privacy practices of us, please contact us via the contact information in the Game or on the official website of the Game.