Last modified on September 2nd, 2022 at 1:30 am UTC
ARCADE2EARN LTD (“Arcade”) is dedicated to protecting and respecting the privacy of its customers, users, and website visitors.
ARCADE COLLECTS CERTAIN PERSONAL INFORMATION TO ENABLE US TO OPERATE THE ARCADE PLATFORM EFFECTIVELY, AND TO PROVIDE YOU WITH THE BEST EXPERIENCES ON OUR WEBSITE AND ON OUR HOSTED GAMES. ARCADE PRIDES ITSELF ON TRANSPARENCY AND AS SUCH, YOU HAVE CHOICES ABOUT THE PERSONAL INFORMATION WE COLLECT. WHEN YOU ARE ASKED TO PROVIDE PERSONAL INFORMATION, YOU MAY DECLINE. BUT IF YOU CHOOSE NOT TO PROVIDE DATA THAT IS NECESSARY TO ENABLE US TO MAKE A HOSTED GAME AVAILABLE TO YOU, YOU MAY NOT BE ABLE TO SIGN UP FOR OR PLAY THAT GAME, CONTRIBUTE TO THAT MISSION POOL, AND/OR CERTAIN GAME FEATURES MAY BE LIMITED.
SECTION 2. DEFINITIONS
2.1 Arcade: means the Arcade Platform, any online game hosted on the Arcade Platform, and associated software interfaces for that game, including the home website for Arcade, elements of which are located on the Solana Blockchain;
2.2 Analytics Services: means any third party website analytics provider and includes Metabase, Google Analytics and any other analytics provider that the company deems necessary;
2.3 Confidential Information means:
2.3 (a): information, in any form, relating to a party’s business including but not limited to any products, fees, markets, operations, processes, techniques, technology, forecasts or strategies; and
2.3 (b): negotiations in relation to, and the terms of, these Terms;
2.3 (c): information in the public domain other than because of a breach of these Terms; or
2.3 (d): information already known to a party prior to the disclosure by the other party;
2.4 IP Address: means a number automatically assigned to your computer which is required when you are using the internet and which may be able to be used to identify you;
2.5 Overseas: means any place or country other than Australia and includes the following countries: United States of America and the rest of the world;
2.6 Personal Information: means the meaning set out in the Privacy Act;
2.7 Privacy Act: means the Privacy Act of 1974, as amended to present (5 U.S.C. 552a), as amended from time to time;
2.8 Privacy Law: means such laws as may place requirements on the handling of Personal Information under the Privacy Act and the Privacy Principles;
2.10 Privacy Principles or PPs: means the principles set out in the Privacy Act;
2.11 Third Party Sites: means online websites or services that we do not own or control, including websites of our partners;
2.12 We, our, us and similar terms: means Arcade2Earn LTD and our related entities.
2.13 Website: means https:/arcade2earn.io and/or any other website Arcade may operate from time to time; and
2.14 You, your and similar terms: means, as the context requires:
2.14 (a): you, when you use our Website;
2.14 (b): you, during your dealings with us as a customer;
2.14 (c): any agent providing your Personal information to us; and/or
2.14 (d): any agent dealing with us on your behalf.
3.1 (a): The privacy of your Personal Information is important to Arcade. We respect your rights to privacy and rights under the Privacy Act and are committed to complying with the requirements of the Privacy Law in the collection and handling of your Personal Information.
3.1 (b): This policy explains how we collect, retain, process, share, transfer and handle your Personal Information and describes the kinds of Personal Information we collect, use, disclose and our purposes for doing so.
3.1 (c): We use some defined terms in this policy. You can find the meaning of each defined term at the start of this policy.
3.1 (d): Personal Information is information which may be used to reasonably identify you. For example, your name, address, date of birth, gender, email address, telephone number is generally considered to be Personal Information, and may also include information we collect about your individual preferences.
3.1 (e): This policy applies to your Personal Information when you use our Website, and interact generally with us but does not apply to Third Party Sites. We are not responsible for the privacy policies or content of Third Party Sites.
3.1 (f): For the avoidance of doubt, unless stated otherwise, this policy will govern our collection of your Personal Information irrespective of the forum.
3.1 (g): This policy may be updated from time to time and the most up to date version will be published on our Website. We encourage you to check our Website periodically to ensure that you are aware of our current policy.
3.2 Why we collect personal information:
3.2 (a): When you visit our Website, we collect Personal Information so that we can provide you with products and services and improve and customize your experience with us. We only collect Personal Information if it is reasonably necessary for us to carry out our functions and activities.
3.2 (b): The purposes for which we collect and hold your Personal Information include:
3.2 (b)(i): to deliver our products and services to you;
3.2 (b)(ii): to improve our products and services to you;
3.2 (b)(iii): to manage our relationship with you, evaluate our business performance and build our customer database;
3.2 (b)(iv): to respond to your requests and seek your feedback;
3.2 (b)(v): to provide and improve technical support and customer service;
3.2 (b)(vi): to conduct research, compare information for accuracy and verification purposes, compile or analyze statistics relevant to the operations of our business;
3.2 (b)(vii): to facilitate our internal business operations, including fulfillment of any legal and regulatory requirements and monitoring, analyzing and improving the performance and functionality of our Website and investigating breaches of or enforcement of any legal terms applicable to our Website;
3.2 (b)(viii): to protect our property, the Website or our legal rights including to create backups of our business records;
3.2 (b)(ix): to manage risk and protect our Website from fraud by verifying your identity and helping to detect and prevent fraudulent use of our Website;
3.2 (b)(xi): to manage our business, including analyzing data collected from our Website concerning visits and activities of users on our Website including the Analytics Services. This analysis helps us run our Website more efficiently and improve and personalize your experience online.
3.3 What Personal Information do we collect?
3.3 (a): The kinds of Personal Information we collect will depend on the type of interaction you have with us. Generally, the kinds of Personal Information we collect may include:
3.3 (a)(i): your name, address (postal and residential), email address, telephone number(s), date of birth and gender when you register with us;
3.3 (a)(ii): information from third party sources such as data providers and credit organizations, where permitted by law, including public blockchain data such as your nominated public key for a digital asset wallet (including your Metamask wallet address);
3.3 (a)(iii): details of the device you have used to access any part of our Website, including carrier/operating system, connection type, IP address, browser type and referring URLs and other information may be collected and used by us automatically if you use our Website, through the browser on your device or otherwise;
3.3 (a)(iv): demographic information;
3.3 (a)(v): location data;
3.3 (a)(vi): your connections with others whose personal information we may collect or hold;
3.3 (a)(vii): online payment details which may include third party payment systems, credit or direct debit details for your bank account in order to process transactions contemplated by our services; and
3.3 (a)(viii): transaction details relating to your use of our products, services or rewards including data regarding your feature usage patterns, interactions on our website and interactions with us.
3.3 (b): Telephone calls to us may also be recorded for training and quality assurance purposes.
3.4 What Personal Information do we collect?
3.4 (a): We may disclose Personal Information collected from you:
3.4 (a)(i): to our related entities, employees, officers, agents, contractors, other companies that provide services to us, sponsors, government agencies or other third parties to satisfy the purposes for which the information was collected, or for another purpose if that other purpose is closely related to the primary purpose of collection and an individual would reasonably expect us to disclose the information for that secondary purpose;
3.4 (a)(ii): to third parties who help us to verify the identity of our clients and customers, and other software service providers who assist us to provide the services we provide to you;
3.4 (a)(iii): to third parties who help us analyze the information we collect so that we can administer, support, improve or develop our business and the services we provide to you including cloud hosting services, off-site back ups and customer support;
3.4 (a)(iv): to merchants and the recipients of funds to identify you as the sender of the funds and to a party who sends you funds in connection with a transfer to you of funds;
3.4 (a)(v): to third parties, including those in the blockchain and fintech industry, marketing and advertising sectors, to use your information in order to let you know about goods and services which may be of interest to you in accordance with the Privacy Act;
3.4 (a)(vi): if the disclosure is requested by law enforcement or government agency, or is required by a law, or legal process, such as a subpoena, court or other legal process with which we are required to comply, including in relation to our obligations under the Anti-Money Laundering and Counter Terrorism Financing Act;
3.4 (a)(vii): if disclosure is required to enforce the terms of this policy or to enforce any of our terms and conditions with you;
3.4 (a)(viii): to our professional advisers such as consultants, bankers, professional indemnity insurers, brokers and auditors so that we can meet our regulatory obligations, and administer, support, improve or develop our business;
3.4 (a)(ix): to debt recovery agencies who assist us with the recovery of debts owed to us;
3.4 (a)(x): to any other person, with your consent (express or implied);
3.4 (a)(xi): to facilitate the sale of all or a substantial part of our assets or business or to companies with which we propose to merge or who propose to acquire us and their advisers;
3.4 (a)(xii): to protect the interests of our users, clients, customers and third parties from cyber security risks or incidents and other risks or incidents; and
3.4 (a)(xiii): to maintain the integrity of our Website and protect our rights, interests and property and those of third parties.
3.4 (b): In addition to the above recipients, we will disclose your Personal Information if we are requested to do so by law enforcement or if the disclosure is made in connection with either the normal operation of our business in a way that you might reasonably expect, for example, if such disclosure is incidental to IT services being provided to our business or for the resolution of any dispute that arises between you and us. This disclosure may involve your Personal Information being transmitted Overseas.
3.4 (c): In the event of a proposed restructure or sale of our business (or part of our business) or where a company proposes to acquire or merge with us, we may disclose Personal Information to the buyer and their advisers without your consent subject to compliance with the Privacy Law. If we sell the business and the sale is structured as a share sale, you acknowledge that this transaction will not constitute the ‘transfer’ of Personal Information.
3.5 How we collect and store data and transmit Personal Information.
3.5 (a): We usually collect and store information including in paper, physical and electronic form provided by you when you communicate with us by telephone, email, web-based form, letter, facsimile or other means, including when:
3.5 (a)(i): you contact us over the phone;
3.5 (a)(ii): we provide you with our services via telephone, email or our Website;
3.5 (a)(iii): we provide you with assistance or support for our products or services;
3.5 (a)(iv): you participate in our functions, events or activities or on our social media pages;
3.5 (a)(v): you request that we provide you with information concerning our products or services;
3.5 (a)(vi): you upload or submit information to us or our Website; or
3.5 (a)(vii): you complete any forms requesting information from you, including on registration with us, complete any survey or provide feedback to us concerning our products or services.
3.5 (b): Where practicable we will only collect information from you personally. However, we will also collect your Personal Information through our partners and third parties who supply services to us.
3.5 (c): Please note that we use our own and third party computer servers including our Website hosts, data backups and payment gateway(s), which may be located Overseas and your Personal Information will likely be stored and transmitted Overseas as part of the normal operation of our business.
3.5 (d): We also collect information from your computer or mobile device automatically when you browse our Website. This information may include:
3.5 (d)(i): the date and time of your visit;
3.5 (d)(ii): your domain;
3.5 (d)(iii): locality;
3.5 (d)(iv): operating system;
3.5 (d)(v): the server your computer or mobile is using to access our Website;
3.5 (d)(vi): your browser and version number;
3.5 (d)(vii): search terms you have entered to find our Website or access our Website;
3.5 (d)(viii): pages and links you have accessed both on our Website and on other websites;
3.5 (d)(ix): the last website you visited;
3.5 (d)(x): the pages of our Website that you access;
3.5 (d)(xi): the device you use to access our Website; and
3.5 (d)(xii): your IP Address.
3.5 (e): While we do not use some of this information to identify you personally, we may record certain information about your use of our Website such as which pages you visit and the time and date of your visit and that information could potentially be used to identify you.
3.5 (f): It may be possible for us to identify you from information collected automatically from your visit(s) to our Website. If you have registered an account with us, we will be able to identify you through your user name and password when you log into our Website. Further, if you access our Website via links in an email we have sent you, we will be able to identify you.
3.5 (g): The device you use to access our Website may collect information about you including your location using longitude and latitude coordinates obtained through GPS, Wi-Fi or cell site triangulation. For information about your ability to restrict the collection and use of such information, please use the settings available on your device.
3.5 (h): We may use statistical analytics software tools and software known as cookies which transmit data to third party servers located Overseas. To our knowledge, our analytic providers do not identify individual users or associate your IP Address with any other data held by them.
3.5 (i): We will retain your Personal Information for any time period we consider necessary to provide our products and services to you and to comply with our legal obligations. The period may vary depending on the type of Personal Information we hold.
3.6 How we protect your Personal Information.
3.6 (a): We will endeavor to take all reasonable steps to keep secure and protect any Personal Information which we hold about you, including:
3.6 (a)(i): securing our physical premises and digital storage media;
3.6 (a)(ii): using computer safeguards such as Secure Socket Layer (SSL) technology to ensure that your information is encrypted and sent across the Internet securely;
3.6 (a)(iii): placing password protection and access control over our information technology systems and databases to limit access and protect electronic information from unauthorized interference, access, modification and disclosure; and
3.6 (a)(iv): taking regular back-ups of our electronic systems.
3.6 (b): Notwithstanding that we will take all reasonable steps to keep your Personal Information secure; however, data transmission over the internet is never guaranteed to be completely secure. We do not and cannot warrant the security of any information you transmit to us or from any online services.
3.7 (f): Our Website may contain web beacons (also called single-pixel gifs) or similar technologies (Web Beacons) which are electronic images that we use:
3.7 (f)(i): to help deliver Cookies;
3.7 (f)(ii): to count users who have visited our Website; and
3.7 (f)(iii): in our promotional materials, to determine whether and when you open and act on them.
3.7 (g): We may also work with third-parties:
3.7 (g)(i): to place Web Beacons on their websites or in their promotional materials as part of our business development and data analysis; and
3.7 (g)(ii): to allow Web Beacons to be placed on our Website from Analytics Services to help us compile aggregated statistics about the effectiveness of our promotional campaigns or other operations.
3.7 (h): The Web Beacons of Analytics Services may enable such providers to place Cookies or other identifiers on your device, through which they may collect information about your online activities across applications, websites or other products.
3.8 How we use Personal Information for communicating with you and direct marketing.
3.8 (a): We may communicate with you by phone, email, SMS or push notification, to inform you about existing and new products and services that may be of interest to you including administering contests, promotions, surveys or other site features.
3.8 (b): We will ensure that any email we send as direct marketing complies with the SPAM Act 2003 (Cth) or similar laws, and contains an ‘unsubscribe’ option so that you can remove yourself from any further marketing communications. To opt-out of communications via SMS (if applicable), reply with “STOP”. You may decline marketing messages sent by push notifications by refusing the relevant permission in your phone or tablet settings, however this setting will prevent you from receiving other messages from us via push notification. You may also opt-out of receiving marketing materials from us using the contact details set out below or adjusting your user dashboard on our Website.
3.8 (c): You can also call or write to us to request that your details be removed from our direct marketing list. We will endeavor to remove your details from our direct marketing list within a reasonable time (ordinarily 5 business days).
3.8 (d): Our direct marketing list may be operated by software and servers located Overseas and your Personal Information may be sent Overseas as part of our marketing.
3.8 (e): We will also send communications that are required or necessary to send to users of our Website that contain information about important changes or developments to or the operation of the Website or as well as other communications you request from us. You may not opt out of receiving these communications but you may be able to adjust the media and format through which you receive these notices.
3.9 Not identifying yourself.
3.9 (a): It may be impracticable to deal with you on an anonymous basis or using a pseudonym.
3.9 (b): We may be able to provide you with limited information in the absence of your identifying yourself, but generally, we will be unable to provide you with any information, goods, and/or services, unless you have identified yourself.
3.10 How to access or correct your Personal Information or make an enquiry or complaint?
3.10 (a): If you have any queries in relation to this policy, you wish to access or correct the Personal Information we hold about you, or make a complaint, please contact us in writing at:
3.10 (a)(i): Email: [email protected]; or
3.10 (a)(ii): Mail: ABM Chambers, PO Box 2238,
Columbus Centre, Road Town,
Tortola, VG1110, BVI
3.10 (b): We aim to acknowledge receipt of all privacy complaints from you within 5 business days and resolve all complaints within 30 business days. Where we cannot resolve a complaint within that period, we will notify you of the reason for the delay as well as advising the time by which we expect to resolve the complaint.
3.10 (c): In order to disclose information to you in response to a request for access we may require you to provide us with certain information to verify your identity. There are exceptions under the Privacy Law which may affect your right to access your Personal Information – these exceptions include where (amongst other things):
3.10 (c)(i): access would pose a serious threat to the life, health or safety of any individual;
3.10 (c)(ii): access would have an unreasonable impact on the privacy of others;
3.10 (c)(iii): the request for access is frivolous or vexatious;
3.10 (c)(iv): the information relates to existing or anticipated legal proceedings between you and us and the information would not otherwise be accessible by the process of discovery;
3.10 (c)(v): giving access would reveal our intentions in relation to negotiations with you;
3.10 (c)(vi): giving access would be unlawful;
3.10 (c)(vii): denying access is required or authorized by or under an U.S. law, a court/tribunal, or any other applicable law in an applicable jurisdiction;
3.10 (c)(viii): the information relates to commercial sensitive decision making process; or
3.10 (c)(ix): giving access would prejudice enforcement related action.
3.10 (d): We may (depending on the request) charge you a fee to access the Personal Information. We will inform you of any fees payable in respect of accessing your Personal Information prior to actioning your request. All requests for Personal Information will be handled in a reasonable period of time (within 14 days if possible but otherwise within 30 business days after the request is made).
3.10 (e): If you wish to have your Personal Information deleted, please contact us using the details above and we will take reasonable steps to delete the information (unless we are obliged to keep it for legal or auditing purposes). To the extent that any Personal Information is stored on a blockchain it may be impracticable, unfeasible, or impossible to delete.
3.10 (f): In the event that you believe that there has been a breach of the Privacy Law, we invite you to contact us as soon as possible.
3.10 (g): You may also view, access, edit or delete (to the extent possible) your Personal Information through your user dashboard on our Website. There will be certain data or information that may not be edited or deleted for you to be able to access our Website, for example your Metamask wallet address.
3.11 Notifiable Data Breach.
3.11 (a): We are bound by the Privacy Act and are committed to complying with the Notifiable Data Breaches Scheme (“NDB”).
3.11 (b): The NDB requires that where a data breach is likely to result in serious harm to any individuals to whom the information relates, we are required to notify those individuals.
3.11 (c): The NDB provides greater protection to the personal information of consumers, greater transparency in the way organizations like us respond to data breaches and gives you the opportunity to minimize the damage caused by any unauthorized use of your Personal Information.
3.12 (a)(i): business developments; or
3.12 (a)(ii): legal or regulatory developments.