Privacy Policy

It is important that users of a Bandai Namco Entertainment America Inc. (“BNEA”, “we”, or “us”) Mobile Application (defined in the policy introduction) read this Mobile Privacy Policy (“Mobile Privacy Policy”) in full. It explains who BNEA is, how and why BNEA collects Personal Data (defined under Section 3) from users, how and why it will be processed by BNEA, and BNEA’s commitment to protecting user information.

 

IF THIS DOCUMENT HAS BEEN PRESENTED TO YOU IN A LANGUAGE OTHER THAN ENGLISH, PLEASE NOTE THAT ANY DISAGREEMENT OR INCONSISTENCY BETWEEN THE TERMS OF THE ENGLISH LANGUAGE VERSION AND THE VERSION PRESENTED TO YOU SHALL BE RESOLVED IN FAVOR OF THE ENGLISH LANGUAGE VERSION, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

 

If you do not have time to read this Mobile Privacy Policy in full, we have summarized the key points for you in our 'speed read' section below.

 

• BNEA is a data controller for user Personal Data. This means BNEA makes decisions about how it uses user Personal Data (defined under Section 3).
• BNEA processes (i.e. handles) user Personal Data to provide its products and services. BNEA will only process Personal Data in accordance with the relevant data privacy laws. BNEA will only process user Personal Data where it has a legal basis for doing so.
• BNEA may disclose Personal Data to third party vendors, including payment processors and data analysts to enable the efficient and secure provision of products and services. Except as explained in this Mobile Privacy Policy, BNEA will not disclose Personal Data to third parties, unless required to do so by law.

• BNEA may use certain third party ad networks ("Ad Networks”) to serve ads within Mobile Applications (to the extent identified in the Addendum to this Mobile Application Privacy Policy, below). In general, these Ad Networks operate by collecting a user’s Device/Network ID, or using cookies and other tracking technologies, to identify an individual user of a Mobile Application. BNEA does not share your Personal Data for cross-context behavioral advertising, targeted advertisement, or profiling unless you have intentionally directed BNEA to do so, including by explicitly opting-in to such disclosures. BNEA does not knowingly collect, sell, or share Personal Data of children under thirteen (13) (or other age as required by local law); collect, sell, disclose or share Sensitive Personal Data (as defined below); or sell Personal Data. Users can opt-in or opt-out of any tracking technologies by reading through the options presented in Section 13.

• BNEA will keep your Personal Data for as long as BNEA needs such Personal Data. How long BNEA needs Personal Data depends on what BNEA is using it for, whether that is to provide the Mobile Application to you, for BNEA’s own legitimate interests (described below), or so that BNEA can comply with applicable law. BNEA will actively review the information it holds and when there is no longer a customer relationship, legal or business need for BNEA to hold such Personal Data, BNEA will either delete such Personal Data securely or in some cases anonymize it.
• BNEA may transfer Personal Data to a recipient located outside of the user's resident country. For example, to BNEA’s main operations in the United States. If BNEA does this, BNEA will ensure that the transfer mechanism provides an adequate level of protection and complies with applicable law.

 

Users of the Mobile Application have important rights under laws aimed at protecting their Personal Data. This policy sets out these rights and how a user can exercise them. For more information, please see Section 13 of this Mobile Privacy Policy. Where a user is in the European Union, Switzerland, or the United Kingdom, users also have the right to make a complaint to their local data protection regulator. For more information, please see Section 13.

 

Introduction:

BNEA respects the privacy of users of its mobile applications and has adopted this Mobile Privacy Policy in furtherance of that commitment.

 

As described below, this Mobile Privacy Policy applies to each BNEA-operated mobile application where it is displayed or referenced (such as through an embedded hyperlink) (each, a “Mobile Application”), including with respect to the data collected from or provided by any user, or any user’s device, which accesses the Mobile Application. However, data collected through certain BNEA products or services may be subject to a different product- or service-specific privacy policy which can be accessed through such product or service and/or at: https://www.bandainamcoent.com/legal.

 

Any questions, comments, or concerns regarding this Privacy Policy or BNEA’s privacy practices, can be sent to privacy@bandainamcoent.com. A full list of contact details can be found at the end of this Mobile Privacy Policy.

 

TABLE OF CONTENTS

 

Section 1:    Purpose of this Mobile Privacy Policy

Section 2:    How We Collect Data
Section 3:    Categories of Data We Collect
Section 4:    Information NOT Covered By This Mobile Privacy Policy
Section 5:    How We Use Your Data

Section 6:    Where We Store Your Data
Section 7:    Retention of Your Data

Section 8:    Disclosure of Your Data
Section 9:    Third Parties That Collect Information Through the Mobile Application
Section 10:  BNEA’s Security Measures
Section 11:  Changes To This Mobile Privacy Policy
Section 12:  Children’s Data
Section 13:  Your Data Privacy Rights and How To Exercise Them

Section 14:  Automated Decision Making

Section 15:  How to Contact BNEA

 

Section 1:    Purpose of this Mobile Privacy Policy

BNEA’s mission is to inspire people around the world, to help them enjoy their time to the fullest, and to create “Fun For All Into The Future.” Allowing users to have confidence in BNEA’s privacy practices is essential to BNEA’s aspirations and success. To demonstrate BNEA’s concern for user privacy, BNEA has developed this Mobile Privacy Policy, which tells users – in simple, plain language – how BNEA collects, stores, uses, and discloses user data.

 

Section 2:    How We Collect Data

The Mobile Application may collect information from users and users’ devices, as follows:

 

• User Disclosure: Certain Mobile Applications may enable, request, or require users to disclose certain information including by:

• Creating or logging into a Mobile Application account;
• Signing up for newsletter(s);
• Authorizing a third party, affiliate, or related company to disclose information to BNEA;
• Confirming age or date of birth;
• Participating in polls, surveys, questionnaires, contests, sweepstakes, events, or other promotions offered through the Mobile Application; or
• Submitting a request for customer support through the Mobile Application.
• Information Automatically Collected When You Use the Mobile Application: Certain Mobile Applications automatically collect certain information such as user activity records and device information. This information may be required for the Mobile Application to function.
• Information Received from Affiliates and Related Companies: BNEA may also be given access to certain information that affiliates and related companies have collected from a user or a user’s device, through use of such affiliate or related company’s account systems, products, websites, applications, or other services. For instance, if you log into a Mobile Application via Bandai Namco ID, BNEA will have access to certain information from that platform. In the event BNEA is given access to such information, BNEA’s access to and use of such information will be subject to and consistent with the privacy policies of such affiliate or related company and this Mobile Privacy Policy.
• Information Received from Third Parties: BNEA may also be given access to certain information third parties have collected from a user or a user’s device, through use of such third party’s services, games, websites, applications, or other services. In the event BNEA is given access to such information, BNEA’s access to and use of such information will be subject to and consistent with the privacy policies of the third party responsible for initially collecting it. Please note: BNEA cannot prevent third party advertisers from obtaining information about users from publicly available sources (online profiles, social media…etc.).
• Information Collected When You interact with Advertisements on the Mobile Application or those of BNEA’s Partners: BNEA may also collect information from a user or a user’s device when it shows you an advertisement.

• Analytics Software: Certain third-party analytics services may be incorporated into the Mobile Application that may automatically collect various types of Personal Data. If a user accesses the Mobile Application while offline, such information may be stored on such user device and transmitted to BNEA, or to a third-party analytics service provider, when that device connects to the Internet. Please note: Once collected from a user device, Personal Data may be stored with a Device/Network ID and may be used to identify the corresponding user device or its user’s online activity until such Device/Network ID is reset. Please see the instructions in Section 13, below, about resetting such Device/Network IDs.
• Device Features: The Mobile Application may request that the user grant permission to access various device features (e.g., the user device’s camera, microphone, notifications, etc.), other applications or services on the user device (e.g., social media applications, etc.), or other information stored locally on the user device (e.g., photos, local storage, etc.). In some cases, particular features of the Mobile Application may not be accessible or may not function properly unless given access to such features, applications, or information. If a user prefers not to grant such permission to the Mobile Application, the user may not be able to enjoy certain features of that Mobile Application, or access that Mobile Application at all. Please note: Granting requested permissions to the Mobile Application may allow it to repeatedly and automatically access the requested features, applications, or information.
• Tracking Technologies: Downloading, installing, or accessing the Mobile Application and other applications and websites on a user device may install or place various tracking technologies on such user device (including cookies, web beacons, pixel tags, log files, etc.). These tracking technologies may assist users in navigating or progressing through the Mobile Application, record user’s setting and selections and logging user progress within the Mobile Application, and enable users to provide feedback or request customer support from BNEA. These cookies are necessary for the Mobile Application to function and cannot be switched off in BNEA’s systems. The Mobile Application does not support “Do Not Track” requests.

 

Section 3:    Categories of Data We Collect

BNEA will collect Personal Data when a user uses a Mobile Application. “Personally-identifiable information” (or “Personal Data”) means information which could be used to identify an individual either on its own or when combined with other information. This section describes what Personal Data is collected and how BNEA collects it. The Personal Data in this section may be used for various purposes described under Section 5 below.

 

• First & Last Name: When provided to BNEA, this Personal Data may be stored with the user’s Mobile Application account information and may be accessed and updated by such user accessing the appropriate account settings.
• Email Address: When provided to BNEA, this Personal Data may be stored with the user’s Mobile Application account information and may be updated by the user by accessing the appropriate account settings.
• Address: When provided to BNEA, this Personal Data may be stored with the user’s Mobile Application account information and may be updated by the user by accessing the appropriate account settings.
• Password, Security Questions & Answers:  When provided to BNEA, this Personal Data may be securely stored with the user’s Mobile Application account information and may be updated by the user by logging into their Mobile Application account. This Personal Data will only be used to authenticate a user’s identity before granting anyone access to such user’s Mobile Application account.
• Profile Information: Certain Mobile Applications may create profiles based upon your preferences, characteristics, behavior, and other information from your use of the Mobile Application.
• User Activity Records:  The Mobile Application may automatically create records about user activities within such Mobile Application, such as dates and logs of certain user activities within such Mobile Application, game play information, and when certain legal terms were presented to and accepted by a user.
• Transaction History: When a user purchases a product or products through the Mobile Application certain Mobile Applications may automatically create records about a user’s transaction, such as the type of payment method, products and services purchased, and when the transaction occurred (“Transaction History”).
• User Device Information: The Mobile Application may automatically collect data about the device(s) through which a user accesses the Mobile Application, which may include: (i) the device’s operating system (e.g., Android, iOS, etc.) and version; (ii) browser type (e.g. Safari, Chrome, etc.) and version; (iii) network connection type (e.g., cellular or WiFi); (iv) the name of the user’s network or network service provider; (v) the title and version of the Mobile Application accessed by the user; and (vi) other similar device data. This data is used to optimize the performance of the Mobile Application on the user device
• User Age or Data of Birth: Certain Mobile Applications may allow (or, in some cases, require) a user to disclose their age, birth year, or date of birth. This information is used by BNEA to (i) confirm such user meets the minimum age requirements applicable to the Mobile Application such user is then attempting to access; and (ii) ensure that the content served via the Mobile Application is appropriate for the user.
• Region Information: The Mobile Application may ask a user to disclose, or may automatically detect the country, state, province, or region in which such user’s device is located.
• Usernames: The Mobile Application may allow a user to choose nicknames, character names, or usernames that will be used to identify that user to other users of the Mobile Application. When provided to BNEA, such information may be stored with the user’s Mobile Application account information and may be updated by the user by logging into their Mobile Application account. However, unlike other forms of Personal Data collected under this Mobile Privacy Policy, BNEA collects this information from users for the purpose of displaying this information to other users of the same Mobile Application and, in some cases, making such information available to the general public. Accordingly, users should not use their real name, the real name of any person, or any other Personal Data when creating usernames.
• Device/Network Identifiers: The Mobile Application may incorporate third party services that allow BNEA and/or third party service providers to automatically collect unique device and/or network identifiers from the user device, which may include resettable device and/network identifiers (e.g., IP address, Ad identifiers like Apple’s IDFA and/or IDFV or Google’s AAID, etc.), as well as non-resettable device identifiers (e.g., UDID, IMEI, MAC Address, etc.) (collectively, “Device/Network IDs”).
• Pseudonymous Identifiers: When a user opens the Mobile Application that user may be assigned unique alphanumeric identifier(s) that are generated by BNEA and do not contain any other Personal Data of such user (each, a “Pseudonymous ID”). That Pseudonymous ID is then used to reference such user’s account in other records created or maintained by BNEA and/or third-party service providers to avoid unnecessary propagation of such user’s Personal Data into records that cannot easily be deleted from or modified.

• Personal Data Linked to Non-Personal Data & “Anonymized” Personal Data: In the event BNEA directly links or associates any non-Personal Data with any Personal Data relating to a user (e.g., in a Mobile Application account or profile), BNEA will treat such non-Personal Data as Personal Data. Conversely, any user information that BNEA collects from a user or user device (including non-Personal Data that has been directly linked or associates with Personal Data), but is then aggregated, anonymized, or “hashed” in a manner that reasonably prevents any recipient from using such information to individually identify, locate, or contact the user to whom such Personal Data once related, will be treated as non-Personal Data.
• Categories of Personal Data Collected under the California Consumer Privacy Act, the California Privacy Rights Act, and other United States privacy laws (together the “US Privacy Laws”): U.S. Privacy Laws require BNEA to disclose the categories of Personal Data that BNEA collects and has collected. BNEA collects and has collected the following categories of Personal Data within the preceding twelve (12) months:

• Identifiers, such as real name, alias, postal address,  unique personal identifier, contact information, IP address, email address, account name, and other online identifiers;
• Personal information, as defined in applicable state or federal customer records law, such as name and contact information;
• Characteristics of protected classifications under applicable state or federal law, such as age.
• Commercial information, such as transaction information and purchase history.
• Internet or network activity information, such as browsing history and interactions with the Mobile Application or advertisements;
• Geolocation data, such as approximate location (not precise geolocation) derived from IP address; and
• Inferences drawn from any of the Personal Data listed above to create a profile about, for example, an individual’s preferences, behavior, or characteristics.

 

BNEA only uses the above Personal Data for the purposes described in Section 5 and in the preceding twelve (12) months has only disclosed this Personal Data to the third parties, affiliates, service providers, and other persons or entities described in Section 8 of this Mobile Privacy Policy and in the Addendum. For detailed information on how long such Personal Data is stored please refer to Section 7.

 

BNEA does not share your Personal Data for cross-context behavioral advertising, targeted advertisement, or profiling unless you have intentionally directed BNEA to do so. BNEA does not knowingly collect, sell, or share Personal Data of children under thirteen (13) (or other age as required by local law); collect, sell, disclose, or share Sensitive Personal Data (as defined below); or sell Personal Data. For purposes of this Privacy Policy, “sold,” “sell,” or “sale” means the disclosure of Personal Data for monetary or other valuable consideration but does not include, for example, the transfer of Personal Data as an asset that is part of a merger, bankruptcy, or other disposition of all or any portion of our business. In addition, for the purposes of this Privacy Policy “sensitive” Personal Data (or “Sensitive Personal Data”) means data on race or ethnic origin, religious beliefs, genetic data, biometric data, health data, sexual orientation, philosophical beliefs and the contents of a consumer’s mail, email, text messages that are not directed to us, and Personal Data from a known child under thirteen (13) years of age (or other age as required by local law).

 

Section 4:    Information NOT Covered By This Mobile Privacy Policy
Information collected through certain BNEA products or services, other than the Mobile Application, may be subject to a different product- or service-specific privacy policy which can be accessed through such product or service and/or at: https://www.bandainamcoent.com/legal.

 

In addition, this Mobile Privacy Policy does not cover the following information:

 

• Information Collected from a User Directly by a Third Party (And Not by BNEA): Information collected from a user by a third party as outlined in Section A9.
• Information contained in materials a user shares with BNEA for a business purpose: This Mobile Privacy Policy does not cover information submitted to BNEA for purposes other than use of the Mobile Application, including without limitation information submitted in the context of a current, former, or potential role as a BNEA employee or for business inquiries (e.g., resumes, event sponsorships, proposals, etc.). For example, Personal Data collected by BNEA as part of the application or recruitment process for a potential role at BNEA is collected pursuant to the following privacy notice: https://www.bandainamcoent.com/legal/bnea-privacy-ccpanotice.

 

Section 5:    How We Use Your Data
BNEA only collects, stores, and uses information if a user has consented to it, or to the extent it is necessary (i) for the performance of a user’s agreement with BNEA; (ii) to comply with BNEA’s legal obligations; or (iii) for the purpose of BNEA’s legitimate interests, including operating, evaluating and improving its global business.

 

Pursuant to applicable law, BNEA must have a legal basis to collect, store or use Personal Data. Users should also note that where BNEA relies on:

 

• Consent: Users may withdraw their consent at any time. Where a user withdraws consent, they may lose access to certain features or services.
• Legitimate interests: BNEA has assessed whether using Personal Data is necessary for that particular purpose and balanced this against the user's interests. Where legitimate interests are used as a legal basis, a user may be able to exercise their rights to object to how BNEA uses that information. For more information of user rights see Section 13 below.

 

Legal Basis	Purposes: How We Use Your Information
Performance of an Agreement with BNEA	Provide the Mobile Application
	Provide and deliver the products and services a user requests, or process transactions and send related information to users
	Register a user’s account on the Mobile Application and assist in the management of such account
	Respond to a user’s comments, questions, and requests and provide customer service
	Send users technical notices, updates, security alerts, and support and administrative messages
Legitimate Interest	For any purpose required or authorized for BNEA to comply with its legal and regulatory obligations
	Monitor and analyze trends, usage, and activities in connection with the Mobile Application
	Detect, investigate, and/or prevent fraudulent, unauthorized or illegal activity
	Provide non-targeted “contextual” advertisements
	Monitor, analyze, and develop brands on social media by using social media monitoring services
Consent	Communicate with you about products, services, offers, promotions, rewards, and events offered by BNEA and others, and provide news, information and other marketing materials that we think will be of interest to you where you have provided us with your consent for us to do so.
	Process and deliver contests, sweepstakes, and event entries and rewards/prizes promoted by BNEA where you have signed up for these.
	Link or combine user data with information we get from other products or sources to analyze service and monetization trends, create profiles of categories of users, create new games and services, and perform other analytics
	Link or combine with information we get from BNEA’s advertising partners to help understand your needs and provide you with better in-application personalized ads; serve advertisements that might be of interest to you; monitor and analyze trends, usage, and activities in connection with the advertisements and the Mobile Application; creating profiles of types of users by combining your data with information from advertising partners
	Creating profiles of types of users by combining user data with information from BNEA’s advertising partners, providing the data to our group companies, ad agencies and ad platforms to target advertisements of BNEA (and its group company) games and services to you outside of the Mobile Application, and otherwise performing advertising analytics and performance metrics
	For any other purpose for which a user has provided the information and consented to us using it for a defined purpose.

 

Section 6:    Where We Store Your Data

Personal Data covered by this Mobile Privacy Policy may be stored and processed, for the purposes described herein, in the United States or any other country in which BNEA or its third-party service providers operate, including through the use of cloud storage. Except as set forth herein, by using the Mobile Application, each user understands that their Personal Data and non-Personal Data may be transferred to recipients in the United States and other countries that may not offer the same level of privacy protection as the laws in such user country of residence or citizenship, regardless of such user’s location, residence, or citizenship.

 

Information collected by BNEA from European Union, Switzerland, or United Kingdom users under this Mobile Privacy Policy may be transferred outside the European Union, Switzerland, or the United Kingdom to, for example, BNEA's headquarters in the USA.

 

BNEA complies with the EU-U.S. Data Privacy Framework (“EU-U.S. DPF”) and the Swiss-U.S. Data Privacy Framework (“Swiss-U.S. DPF”) as set forth by the U.S. Department of Commerce.  BNEA has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (“EU-U.S. DPF Principles”) with regard to the processing of Personal Data received from the European Union in reliance on the EU-U.S. DPF.  BNEA has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (“Swiss-U.S. DPF Principles”) with regard to the processing of Personal Data received from Switzerland in reliance on the Swiss-U.S. DPF.  If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern.  To learn more about the Data Privacy Framework (“DPF”) program, and to view our certification, please visit https://www.dataprivacyframework.gov/. BNEA is responsible for the processing of Personal Data it receives, under each DPF, and subsequently transfers to a third party acting as an agent on its behalf. BNEA complies with the DPF for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions. The Federal Trade Commission has jurisdiction over BNEA’s compliance with the EU-U.S. DPF and the Swiss-U.S. DPF.

 

For transfers from the UK to countries not considered adequate by the European Commission, we have put in place adequate measures, including where appropriate, standard contractual clauses (adopted by the European Commission or UK Information Commissioner as appropriate) to protect user Personal Data. 

 

Section 7:    Retention of Your Data

Information covered under this Mobile Privacy Policy will be retained by BNEA for as long as needed or permitted considering the purpose(s) for which it was obtained.

 

BNEA uses the following criteria to determine the retention periods:

 

• The length of time a user has an active relationship with BNEA and in which BNEA makes the Mobile Application available to such user. For example, BNEA will retain Personal Data on an account for as long as a user maintains an account with BNEA.
• The length of time that it is necessary to hold that Personal Data in connection with purposes set out in this policy where BNEA has a valid legal basis.
• Whether BNEA has a legal or business obligation to retain such information.
• Whether BNEA retains some Personal Data to protect itself against legal claims or to continue to process Personal Data in relation to any ongoing legal claim.

 

When deciding the duration that BNEA retains Personal Data it will take into account:

 

• The applicable limitation period under applicable law (i.e. any period during which any person could bring a legal claim against BNEA in connection with a user’s Personal Data, or to which such Personal Data may be relevant); or
• an additional reasonable period following the end of such applicable limitation period.

 

For any queries about how long BNEA retains Personal Data, users should contact BNEA using the contact details at the end of this Mobile Privacy Policy.

Section 8:    Disclosure of Your Data
BNEA will not disclose to third parties any Personal Data BNEA collects from a user under this Mobile Privacy Policy, including for such third party’s own direct marketing purposes, unless a user affirmatively consents to such use. However, BNEA may disclose some information to third parties where it is necessary and where BNEA has a valid legal basis for the following purposes:

 

• Other Users: Other users if you choose to participate in the interactive areas of the Mobile Application, such as multiplayer, chat, or other sharing features. Please note: Users should refrain from creating usernames containing the real name of any person or any other Personal Data.
• Third Party Service Providers and Contractors: Third party service providers and contractors engaged by BNEA to perform services on BNEA’s behalf, such as game developers, surveys, payment processing, advertising campaign optimization, network operations, customer support, and data management. These third-party service providers are required to maintain the confidentiality of any Personal Data disclosed to them and are prohibited from disclosing or using such Personal Data other than to perform specific task(s) for which they have been engaged by BNEA.
• BNEA-Affiliated Companies: BNEA’s subsidiaries, parent company, or other affiliated entities. BNEA may disclose information to these affiliated entities to identify and better understand the needs and interests of BNEA’s consumers, throughout the world, to improve BNEA’s products based such needs and interests, and market BNEA’s products and services using local resources, tailored to such needs and interests.
• A Successor or Acquiring Third Party: If BNEA is bought or acquired by a third party (either fully or partially), merged with a third party, experiences a reorganization, bankruptcy, or other similar event, or in the event BNEA conveys to a third party its right to offer or provide the Mobile Application, information collected by BNEA under this Mobile Privacy Policy may be disclosed to such third party, subject to the notification procedures set forth in Section 11, below.
• A Court, Government Agency, or Litigant: Only as permitted or required in response to lawful requests by a court or public authorities, including to meet national security or by law enforcement requirements, or when BNEA believes in good faith that it is necessary: (i) to protect the safety or security of BNEA, its BNEA-Affiliated companies, employees, contractors, users, or the property of any of the foregoing; or (ii) to enforce BNEA’s end user license agreement, terms of service, or its community event rules.

 

Section 9:    Third Parties That Collect Information Through the Online Services

BNEA may, from time to time, where it has a legal basis to do so, enable the types of third party service providers, described below, to directly collect from Mobile Application users information that is not shared with BNEA, but is collected, stored, and processed subject to the privacy policies of such third parties. Because such third party privacy policies may contain restrictions or allow uses that differ from those described in this Mobile Privacy Policy, BNEA is unable to make any promises or guarantees regarding the use or security of information collected directly by such third parties and recommends that users review such third parties’ privacy policies before sharing such information:

 

• Ad Networks: BNEA may use certain Ad Networks to serve ads within certain Mobile Applications (to the extent identified in the Addendum to this Mobile Application Privacy Policy, below). In general, these Ad Networks operate by collecting a user’s Device/Network ID, or using cookies and other tracking technologies, to identify an individual user of a Mobile Application and then serve ads based on such user’s prior online activities through BNEA’s Mobile Applications, BNEA’s other service, and various online products and services of third parties that have also engaged, directly or indirectly, with the same Ad Network(s). In most cases, such Ad Networks will collect information about the ad served and user’s response to such ad, regardless of whether the user interacts with the ad or views the ad in its entirety. Unless otherwise set forth in the Addendum below, all information collected by an Ad Network is subject to such Ad Network’s own privacy policies. While BNEA is selective about the Ad Networks it allows to operate within its Mobile Applications, we recommend that all users familiarize themselves with each Ad Network’s applicable privacy policies. Users can opt-out from being tracked or being served targeted ads by the Ad Networks in this Mobile Application by following the instructions in Section A13 and/or each Ad Networks privacy policy (as listed in the Addendum below). If a user suspects that an Ad Network in a Mobile Application has not adhered to a properly submitted opt-out request, please contact BNEA customer support, as set forth below. Please note: Even after opting out, users will continue receiving non-targeted “contextual” ads (i.e., ads selected based on Non-Personal Data, such as the Mobile Application in use, or the user’s device type) and/or “generic” ads (i.e., ads that are set forth in the Addendum to this Mobile Privacy Policy selected without any information about a user’s device or the Mobile Application in use).
• Payment Processing Services: All payments made for accessing the Mobile Application and/or virtual items within the Mobile Applications are processed by a third-party service provider, subject to such third-party service provider’s applicable privacy policies. Except as otherwise set forth in such privacy policies, information a user shares with such third-party service provider will not be disclosed to BNEA, except for certain Non-Personal Data and/or a unique “tokenized” identifier, which BNEA uses to confirm the completion of such purchase and ensure that purchased virtual items are properly associated with such user’s Mobile Application account.
• Social Network Services: The Mobile Application may enable a user to connect their account with their account on a third party social network platform. In doing so, such third party social network may disclose to BNEA certain information collected from or about such user or such user’s device and BNEA will only use such information as permitted by such third party social network’s privacy policy. BNEA may also share with such third party social network certain Non-Personal Data and/or a unique “tokenized” identifier that BNEA has collected, to the extent permitted by this Mobile Application Privacy Policy.
• Native OS Services: The Mobile Application may also enable the platform operator to collect certain information from a user through services native to the user’s device’s operating system, subject to such platform operator’s applicable privacy policies.

 

Section 10:    BNEA’s Security Measures

The security of user Personal Data is important to BNEA. BNEA follows accepted standards to protect the Personal Data collected from users of its Mobile Application, both during transmission and after it is received. In addition, BNEA endeavors to ensure that user Personal Data is stored only for as long as necessary to fulfill the purpose(s) for which such information was collected and is deleted from BNEA’s records once such purpose(s) have been fulfilled (as further described in Section A7).

 

Section 11:  Changes To This Mobile Privacy Policy

BNEA may amend this Mobile Privacy Policy at any time. If BNEA makes any material changes in how BNEA collects, uses, or discloses Personal Data, BNEA will prominently post notice of the changes within the applicable Mobile Application or contact users by email (at the email address, if any, associated with such users’ Mobile Application accounts) prior to the change becoming effective. Any material changes to this Mobile Privacy Policy will be effective 30 days after BNEA’s posting of such changes within the Mobile Application or 14 days after advance notice, if sent by email. Please note: It is each user’s responsibility to keep their BNEA account information (including their email address) current and accurate, and to notify BNEA if such email account ever changes or is terminated. BNEA assumes no responsibility for misdirected messages (i.e., messages sent to an unmonitored or deactivated email account). Misdirected messages could reveal user’s Personal Data to unintended third parties.

 

Section 12:  Children’s Data

Mobile Applications are not directed to children under thirteen (13) (or other age as required by local law) and therefore BNEA does not knowingly collect Personal Data from such users. However, BNEA recognizes that Mobile Applications may appeal to children under thirteen (13) (or other age as required by local law) and therefore BNEA takes the following steps to protect such users:

 

• Implementing an age gate;
• If a user indicates they are under thirteen (13) (or the applicable age in the territory), limiting the features available to such users; and
• Limiting the collection or disclosure of Personal Data to only what is necessary and for use solely to support the internal operations of the Mobile Application as required by applicable law.

 

BNEA takes children’s privacy seriously and encourages parents to play an active role in their child’s online experience at all times. In the event BNEA learns that it has inadvertently collected Personal Data from a child under the age of thirteen (13) (or other age as required by local law) other than what is necessary to support the internal operations of the Mobile Application, BNEA will take reasonable steps to promptly erase such information from BNEA’s records. For a complete list of the service providers BNEA uses to offer a child-safe experience, please see the Addendum to this Mobile Privacy Policy.

 

Section 13:  Your Data Privacy Rights and How To Exercise Them

Data Privacy Rights: Users of the Mobile Application may have certain data protection rights under applicable law (including without limitation the U.S. Privacy Laws and the General Data Protection Regulation (“GDPR”) and GDPR as it has been retained in the United Kingdom (“UK GDPR”)), such rights include:

 

• Right to be Informed: The right to be informed about the collection and use of a user’s Personal Data, as outlined in this Mobile Privacy Policy.
• Right to Access and Data Portability: The right to access the Personal Data BNEA processes about you as well as the right to data portability. This includes the right to request that BNEA disclose the following information in the twelve (12) months preceding the request:
• The categories of Personal Data BNEA collected about the user and the categories of sources from which we collected such Personal Data;
• The specific pieces of Personal Data BNEA collected about the user;
• The business or commercial purpose for collecting Personal Data about the user; and
• The categories of Personal Data about the user that BNEA otherwise shared or disclosed, and the categories of third parties with whom we shared or to whom BNEA disclosed such Personal Data (if applicable).
• Right to Data Correction: The right to have Personal Data corrected or erased.
• Right to be Forgotten: The right to delete Personal Data, including by deletion of an account and associated Personal Data.
• Right to Restrict Processing: The right to object or restrict the processing of a user’s Personal Data.
• Right to Withdraw Consent: The right to withdraw consent at any time for consent BNEA has obtained from a user, although this will not affect the lawfulness of the processing prior to the withdrawal.
• Right to Object: Users also have the right to object, at any time, to the processing of Personal Data based on BNEA’s legitimate interests.
• Right to Limit the Use and Disclosure of Sensitive Personal Data: The right to limit the use and disclosure of Sensitive Personal Data. BNEA does not collect, use, or disclose Sensitive Personal Data as defined by relevant privacy laws. As a result, BNEA does not offer an ability to limit the use of Sensitive Personal Data.
• Right to Opt-Out of the Sales or Sharing of Your Personal Data and any Targeted Advertising or Profiling: Users have the right to opt-out of the “selling” or “sharing” of their Personal Data and any targeted advertising or profiling in furtherance of decisions, including, solely automated decisions that produce legal or similarly significant effects. BNEA has not “sold” or “shared” Personal Data. BNEA will not disclose any information for the purposes of cross-contextual behavioral or targeted advertising unless you have intentionally directed BNEA to do so.
• Right to not be Discriminated: The right to not be discriminated against for exercising these rights. Of course, if you do exercise any of your rights, BNEA will not treat you any differently.
• Right to Appeal: Users have the right to appeal a refusal to act on your data privacy rights. Instructions for how to submit your appeal will be included in our response explaining why we denied your request.
• Shine the Light law. California users may request information about whether BNEA has disclosed Personal Data to any third parties for their direct marketing purposes. We do not share your Personal Data for direct marketing purposes without your permission.

 

Exercising Data Privacy Rights: Users can exercise their data privacy rights by doing any of the following:

 

• Using Account Features: Users of the Mobile Application that enable account features can access, update, or request deletion of certain Personal Data they’ve disclosed to BNEA by logging into such user account (for example, these areas may be labeled as “My Account,” “Edit Profile,” “Settings,” or other similar names).
• Contact via Email: Users of the Mobile Application that do not have account features can request access, update, or deletion of certain Personal Data by emailing BNEA at: privacy@bandainamcoent.com. BNEA will respond to all requests received within a reasonable timeframe and in accordance with applicable law.
• Submitting a Customer Support Ticket: Users of the Mobile Application that do not have account features can request access, update, or delete Personal Data by submitting a ticket here;
• Opting Out from Push Notifications: BNEA may send users push notifications through the Mobile Application. Users that no longer wish to receive these types of notifications may opt-out at any time by turning them off within the “Settings” menu on their devices.
• Opt-In or Opt-Out of Targeted Advertising:
  •  In-App Options: Where features are available, clicking on the settings options (for example, these areas may be labeled as “My Account,” “Edit Profile,” “Settings,” or other similar names) and clicking the appropriate option to opt-in or opt-out of targeted advertising.
  • Mobile Device Options: Follow the manufacturer’s instructions for managing targeted advertising and privacy through your mobile device’s system settings. These areas may be labeled as “Settings,” “Privacy,” “Tracking,” “Ads,” or other similar names.
  • For specific Ad Networks: Users may opt-in or opt-out from being tracked or being served targeted ads by the Ad Networks in this Mobile Application by following the instructions presented: (i) within such ads; or (ii) in each Ad Networks privacy policy (as listed in the Addendum below). If a user suspects that an Ad Network in a BNEA Mobile Application has not adhered to a properly submitted opt-out request, please contact BNEA using the methods listed in Section A15.

Please note: In certain regions users of the Mobile Application may only receive non-targeted “contextual” ads.

• Opt-Out of Marketing Emails: Users can opt-out of receiving marketing emails by clicking the “unsubscribe” button (or similarly worded button) located within the marketing email and confirming their selection.
• Authorized Agents. Authorized Agents may act on your behalf by submitting requests. To protect your information, we may request that you verify your own identity before fulfilling a request submitted by your agent.
• Verification of your identity. We have to verify your identity before we can give you access to, or delete, your Personal Data. To verify your identity, we may require you to log in to an already existing account or submit your request directly via the Mobile Application. In situations wherein such account or Mobile Application settings do not exist, we may need additional information from you, in which case, we will reach out to you via the method you contacted us at.

 

Response timing and format. We will respond to you in accordance with applicable law. If you are located within the European Union, Switzerland, or the United Kingdom, we will endeavor to respond to your request as quickly as possible but no later than one (1) calendar month from receipt of your request. We will confirm receipt of your request to know, correct, delete and/or seek any request under the relevant U.S. state privacy law(s) within ten (10) business days.  If you do not receive confirmation within that ten (10) day timeframe, please contact us at privacy@bandainamcoent.com. We endeavor to respond to a verifiable consumer request within forty-five (45) days of receipt. If we require more time (up to another forty-five (45) days), we will timely inform you of the reason(s) and extension period in writing. If you submitted your request via the Mobile Application, please note that certain types of requests will be performed automatically upon your request and we will deliver responses via various automatic prompts or to the portal you contacted us at. If you reached out to us via different methods we will deliver our written response in the format and method you reached out to us (for example via email). Any disclosures we provide will only cover the twelve (12) month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Data that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance. As indicated above, you have a right to appeal any decision or indecision related to the exercise of any right.

 

Please note: The above methods of exercising data privacy rights are limited to data controlled or stored by BNEA, and not by its affiliates and related companies. For example, Bandai Namco ID is operated by BNEA’s affiliate, Bandai Namco Entertainment Inc. For questions relating to their privacy policy please visit https://bnfaq-support.channel.or.jp/inquiry/privacycontact_bandainamcoent and provide the required information. For inquiries or requests related to BNEA’s affiliates and related companies, please review such affiliate or related company’s relevant privacy policy.

 

California Business and Professions Code Section 22581: Users of the Mobile Application that reside in California may have the right to request and receive certain information about BNEA’s disclosure of such user’s Personal Data to third parties for their direct marketing purposes, and the right to exercise choices with respect to such disclosures. California Business and Professions Code Section 22581 permits registered users of the Mobile Application that are under age eighteen (18) and reside in California, to request removal of content or information they have publicly posted through the Mobile Application. To make such a request, please send an email with a detailed description of the specific content or information to privacy@bandainamcoent.com. Please note: A request does not ensure complete or comprehensive removal of the content or information such users have posted and that there may be circumstances in which the law does not require or allow removal, even if properly requested.

 

Complaints for Users within the European Union or Switzerland: In compliance with the EU-U.S. DPF and the Swiss-U.S. DPF, BNEA commits to refer unresolved complaints concerning our handling of Personal Data received in reliance on the EU-U.S. DPF and the Swiss-U.S. DPF to JAMS an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://www.jamsadr.com/DPF-Dispute-Resolution for more information or to file a complaint.  The services of JAMS are provided at no cost to you. In the absence of resolution by BNEA and JAMS, subject to certain conditions, complaining users may also seek to engage in binding arbitration by visiting: https://www.dataprivacyframework.gov/s/article/How-to-Submit-a-Complaint-Relating-to-a-Participating-Organization-s-Compliance-with-the-DPF-Principles-dpf.   

 

Section 14: Automated Decision Making

BNEA may use Personal Data collected from European Union, Switzerland, and the United Kingdom users under this Mobile Privacy Policy for the purposes described in Section 5, some of which involve automated decision making.

 

Section 15: How to Contact BNEA

Users can contact BNEA via the methods outlined below:

 

Contact Information: The “data controller” and “data protection officer” for the information collected by BNEA under this Mobile Privacy Policy is:

 

Data Controller:             Bandai Namco Entertainment America Inc.
                                          23 Odyssey
                                          Irvine, CA 92618
                                          (949) 271-6000
                                          privacy@bandainamcoent.com

 

Data Protection Officer: The Data Protection Officer can be contacted at privacy@bandainamcoent.com

Our data protection representative within the European Union, Switzerland, and the United Kingdom is:

Bandai Namco Europe S.A.S
15 Rue Felix Mangini, CS90618
69009 Lyon Cedex 09, France

 

If users have questions or wish to send BNEA comments about this Mobile Privacy Policy, please e-mail or contact BNEA at:

 

Bandai Namco Entertainment America Inc.
Attn.: Legal
23 Odyssey
Irvine, CA 92618
(949) 271-6000 
privacy@bandainamcoent.com

 

Any information a user provides to the above e-mail and postal mail addresses will not be used for direct marketing purposes, unless expressly requested by such user.