Mattel 163 End-User License Agreement and Privacy Statement
When you contract to use the Services, you accept our rules and policies regarding your personal information and you expressly consent to us collecting, processing, using and storing your personal information, as described in this policy.
Mattel163 Limited is the data controller for the purposes of the EU General Data Protection Regulation.
If you have any comments, questions or complaints regarding the processing of your personal information, you can contact us at firstname.lastname@example.org
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 Services (including your email, nominated nickname, and information we import from your third party account (Facebook, Apple Game Centre, Google Play) in order to set up your profile, including your name as it appears on your social media profile, your profile picture and your friend list);
when you set up your profile for the Services (including information you voluntarily elect to provide in order to customise gameplay, such as gender);
when you submit your contact details to us (including your name, email address and physical address) as part of promotional activities for the Services; and
when you make purchases in the Services (in which case we will process the information you provide to us to facilitate the payment).
Information we collect about you. We automatically collect certain data from you when you use the Services, including your IP address, physical location and device information (such as device type, network data, operating system (hereto referred as "OS") and information regarding your use of the Services, such as date and time stamps of actions. We also collect and store your data each time you interact with us, for example, when you use in-app support to communicate with us. We also collect your voice data after you authorize us to use your microphone.
We take many special precautions to protect the privacy of children. In general, we define "children" as users under 13, but adhere to local definitions of "children" where a different age applies. If you are located in the European Economic Area and under the age of 16, you must not use the Service for any purpose unless with your parental or legal guardian’s prior consent.
In our Services intended for children, we do not collect personal contact information (like full name, e-mail address, phone number, or home address) from children without the consent of a parent or legal guardian, except in limited circumstances authorized by law.
We may collect some information (like IP address, mobile device unique device identifier (hereto referred as "UDID" or "Device ID"), OS, etc.) automatically and use technology like cookies to provide functionality and support our operations.
We do not ask for more personal information than is necessary for a child to participate in an activity.
We take steps to prevent children from posting or publicly disclosing personal contact information. Parents can contact us if they have any question on the collection, use or sharing of their children’s information.
How We Use Your Personal Information
We will use the information in the following ways and in accordance with the following legal bases:
Registration Information (ID on social media accounts including Facebook, Google Play, iOS Game Center (collectively, "Social ID"), Open ID, email address, avatar): We use Registration Information to set-up user accounts, allow users to log-in to the Services and provide Services to users. We use this information pursuant to our contract with you to provide the Services.
Device Information (Device ID, Device Type, Operating System, CPU, RAM, IP address, MAC address, voice data collected by microphone): We use this information to provide and improve the Services such as: to allow users to download and install the Services on their devices; to enable user voice chat with each other; to record and keep track of requests from users of the Services; to detect the user network and device status when the user is using the Services; and to correct bugs or errors that occur when the user is using the Services. Use of Device Information is necessary to perform our contract with you to provide the Services.
Contact Information (Name, Email, Address, Phone Number, Instant Messaging Account): We use this information to send notifications to users to inform them of our promotional activities and any rewards they are entitled to. We use this information with your consent.
Physical Location: We use this information to provide some Location Based Services such as forming a team with people nearby to play a game. We use this information with your consent.
Social ID: We use this information to enable users to share their game achievement on social media or invite their friends to the Services. We use this information with your consent.
Game Data (Level, Score and game log): We use this information to provide Services to users as it is the basis of our Services. Use of Game Data is necessary to perform our contract with you to provide the Services.
How We Store and Share Your Personal Information
In order to perform 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.
We share your personal information with selected third parties in and outside your country, including:
third parties that provide services in support of the Services, 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 US-EU Privacy-Shield, for the purpose of hosting the Services;
Appsflyer, whose data center is located in Ireland, that processes Device ID and some of in-app activities, on the basis of your consent, for the purpose of the evaluation of its marketing services;
Facebook, located in the United States, that processes Device ID and some of in-app activities, on the basis of US-EU Privacy-Shield, for the purpose of the evaluation of its marketing services;
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 US-EU Privacy-Shield, for the purpose of providing in-app purchase.
related group companies, with whom we share all of your personal information to operate the Services. The transfers contemplated above are made pursuant to our contract with you.
law enforcement agencies, public authorities or other judicial bodies and organisations. We disclose information if we are legally required to do so, 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 to a third party in the event that we sell or buy any business or undergo a merger, in which case we will disclose your data to the prospective buyer of such business. We will also disclose information to a 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 do our best to protect your personal information, we cannot guarantee the security of the information transmitted to our 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) with the following exceptions: Audio voice files will be stored for up to 48 hours after you use it in the game, and then deleted from our servers. Contact Information that is obtained as a result of you participating in our promotional activities will be retained during the lifetime of such activities as expressly designated in the corresponding activities.
When destroying personal information, measures will be taken to make 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 to be 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 to destroy 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 to users that are located in the European Economic Area only. For users located in other territories, please refer to the privacy clauses in our End-User License Agreement.
You have certain rights in relation to the personal information we hold about you. Some of these only apply in certain circumstances (as set out in more detail below). We must respond to a request by you to exercise those rights without undue delay and at least within one month (though this may be extended by a further two months in certain circumstances). To exercise any of your rights, please contact us at email@example.com.
You have the right to access personal information we hold about you, how we use it, and who we share it with. If you believe we hold any other personal information about you, please contact us as described above and complete the corresponding request form.
You have the right to receive 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 to our contract with you (e.g., game play statistics), as described in the section "How We Use Your Personal Information". You have the right to receive this information in a structured, commonly used and machine-readable format. You also have the right to request that we transfer that personal information to another party.
If you wish for us to transfer such personal information to a third party, please ensure you detail that party in your request. Note that we can only do so where it is technically feasible. Please note that we may not be able to provide 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 to correct 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 as described above 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 to erase, please contact us as described above 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 no longer necessary for us to hold such personal information; or
you believe the personal information we hold about you is being unlawfully processed by us.
You can also exercise your right to restrict our processing of your personal information (as described below) whilst we consider your request.
We may need to retain personal information if there are valid grounds under data protection laws 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. Where you have requested that we erase personal information that has been made available publicly on the Services and there are grounds for erasure, we will use reasonable steps to try to tell others that are displaying the personal information or providing links to the personal information to erase it too.
Restriction of Processing to Storage Only
You have a right to require us to stop 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 to do so (e.g., for the defence of legal claims or for another’s protection). As above, where we agree to stop processing the personal information, we will try to tell any third party to whom we have disclosed the relevant personal information so that 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 to verify whether it is accurate;
you wish to erase the personal information as the processing we are doing is unlawful but you want us to retain the personal information but just store it instead; or
you wish to erase the personal information 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.
You have the right to object to our processing of personal information about you. We will consider your request in other circumstances as detailed below by contact us as described above and completing the request form.
We may from time to time send you announcements when we consider it necessary to do so (such as when we temporarily suspend Services 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.
Promotional Material & Announcements
You have the right to ask us not to process your personal data for email or text promotional purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at firstname.lastname@example.org.
We may from time to time send you announcements when we consider it necessary to do so (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 Mattel163 Limited.
In the event that you wish to make a complaint about how we process your personal information, please contact us in the first instance at email@example.com and we will endeavour to deal with your request as soon as possible. This is without prejudice to your right to launch 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 to this policy, we will post the updated policy here and notify our users within the Services. Please check this page frequently to see any updates or changes to this policy.
II.END-USER LICENSE AGREEMENT
1 About These Terms
1.1 This Agreement is entered into by and between you and Mattel163 Limited (hereinafter referred to as "Mattel163", "we", "us" or "our") in relation to our online game and any related services (together referred to as our "Game"). You agree that by accessing and/or playing our Game, you are binding to this Agreement. In addition, when using our Game, you may be subject to any posted guidelines or rules applicable to such Game which may be posted from time to time, including without limitation to our Privacy Statement.
1.2 We may update this Agreement from time to time 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 TO ENTERING THESE TERMS ELECTRONICALLY, AND TO THE STORAGE OF RECORDS RELATED TO THESE TERMS IN ELECTRONIC FORM.
2.1 Subject to the 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") to use an account, you hereby agree to this 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 to protect 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 to anyone 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 to such Content, you agree to comply with applicable laws and to the 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 to a 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 Mattel163, is objectionable or inhibits any other person from using or enjoying the Game, or which may expose Mattel163 or its users to any 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 to modify any part of the Game, collect any information of the Game or connect to the Game;
3.3.4 use our Game for any purpose other than a reasonable person is likely to believe is within the spirit of playing, specifically including without limited to commercial 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 to transaction, 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 to mobile phones and pads, and for device fees, including but not limited to Internet fees, data fees and electricity fees. You recognize that these fees are paid to third parties not relevant to this Agreement and shall not incur any liability of us under this Agreement.
4.2 You understand that due to the specialty of the online games, we may update our Game from time to time, which may block your access to the 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 to our 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 to our Game may be subject to specific rules, such as limited period or limited number of users to access to the Game, privilege of some users to access to the Game, our reserved rights to modify 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 to provide 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 TO THE 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 TO USE 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 INTO THROUGH OR FROM OUR GAME, AND/OR RELATED SERVICES; (III) UNAUTHORIZED ACCESS TO OR 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 TO OUR GAME, AND/OR RELATED SERVICES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO US DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE 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 to the status before your breach; (iii) terminating your right to use our Game; (iv) taking legal action against you or disclosing relevant information to law 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 to or arising under or out of the relationship between you and us described in this Agreement, including but not limited to any breach of this Agreement. You hereby agree that we shall have the right to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.
7 Intellectual property
7.1 Mattel163 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 no right or license with respect to any 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 to as 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 to the 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 to use 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 to run the Game on your device), distribute, disseminate to the 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 so long 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 to certain 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 to us:
8.1.1 Login information which is used to identify specific users of the Game and may include game account or any third party account to log in the Game. When you register a game account we will expressly indicate the information to be provided. If any third party account is used to log in the Game, your information will be collected subject to the 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 to improve your experience in our Game.
8.1.3 Your interactions with us, including but not limit to Content, claims, critics, suggestions, feedbacks, and investigations, as well as the information you provided to us 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 to newsletters 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 to obtain, utilize and use your information subject to this Agreement.
8.4 Information collected under this provision will be only used for:
8.4.1 Provision of our game to users;
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 to users.
8.5 Under and only under the following circumstance, information collected under this provision will be disclosed to the designated third parties:
8.5.1 For the purpose set forth above, our affiliates or sub-contractors may be commissioned to process such information, provided that such affiliates or sub-contractors comply with terms and conditions hereunder.
8.5.2 We may also disclose such information (i) as you required; (ii) a regulatory requirement, judicial proceeding, court order or legal process served on us; or (iii) to protect 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 to many other web sites or applications, users shall read the corresponding privacy policies carefully in the access to those 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 to Hong Kong’s conflict of law rules. Any disputes relating in any way to or 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 to personal 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 to a third party upon prior notice to you.
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 to the extent that, any provision of this Agreement is declared or found to be 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 to be amended by modifying the provision to the extent necessary to make 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 to the extent permitted by law.
10.4 Waivers of our rights
The failure of us to enforce at any time or for any period of time any of the provisions hereof shall not be construed to be a waiver of such provision or of the right of us thereafter to enforce each such provision. No waiver 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 to this 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 email at firstname.lastname@example.org or the contact information in the Game or on the official website of the Game.