1.5 Any questions, comments or complaints that you might have should be emailed to [email protected]
2. HOW WE COLLECT YOUR PERSONAL DATA
2.1 Your personal data may be collected in different ways. You may provide us with your data directly. This will generally happen when you:
2.1.1 filling out a form.
2.1.2 giving us written feedback.
2.1.3 communicating with us via third party social media sites.
2.1.4 communicating with us via the Site, the Vault, or the Marketplace.
2.1.5 subscribing to our newsletters or notifications.
2.1.6 creating an account with us.
3. INFORMATION WE COLLECT
The personal information we collect from you generally may include:
3.1 Network information regarding transactions, including, among other things, the type of device you use, access times, hardware model, MAC address, IP address, operating system and version, and other unique device identifiers.
3.2 Information about plugins you might be using, included but not limited to those related to the management of cryptocurrency assets and any information provided by them, and your blockchain public address.
3.3 We may receive network information from you as a result of your use of the Vault or the Marketplace
3.4 When you complete a form online or subscribe to our newsletters or notifications on the Site:
3.4.2 email address
3.4.3 physical address
3.4.4 zip code
3.4.5 phone number/fax number
3.5 When you register as a user:
3.5.1 For the creation of a Marketplace Account we may collect your name and password.
3.5.2 For the Marketplace we may collect the following personal information from you:
(a) If you are an individual:
(i) Copy of a document that establishes your identity (e.g. Passport, Driver's License);
(ii) Full legal name;
(iii) Correct permanent address including postcode (if appropriate);
(iv) Date and place of birth;
(vi) Identification number;
(viii) Purpose/nature of the intended business if any;
(ix) The source of funds (i.e., generated from a transaction or business);; and
(x) A selfie
(b) If you are an entity:
The following information is required for all clients who are entities:
(i) Full legal entity name;
(ii) Doing business as ("DBA") name (if different);
(iii) State and country of formation;
(iv) Date of formation;
(v) Tax ID / registration number;
(vi) Number of employees;
(vii) Link to business website;
(viii) Nature of business;
(ix) Physical business address;
(x) Information about the authorized representative such as: (i) passport for personal information; and (ii) any document that evidence the incumbency of the representative;
(xi) Information about each ultimate beneficial owner that directly or indirectly owns at least 20% of the entity such as: (i) passport; (ii) proof of address; and (iii) source of wealth declaration. Open Loot will also collect information related to the title of the beneficial owner's identity and his/her percentage of ownership if it is above 20 %.
(xii) Personal information about all directors and at least member of Senior Management (e.g., Chief Executive Officer, Chief Operating Officer) of the company (such us Full Name, ID/Passport No., date of birth, address and information related to titles of director); and
(xiii) Purpose of the account.
Additional requirements may apply as per KYC requirements and the type of entity.
3.6 For use of the Marketplace you will need to provide the following information, and depending on the method used to top up the Marketplace Account:
3.6.1 Top-Up with Credit or Debit Card: Credit or Debit Card Details
3.6.2 Top-Up by way of wire transfer: Bank account details for linking bank account with Marketplace Account.
3.6.3 Top-Up with Cryptocurrencies: blockchain wallet identification
We may also receive personal information from third parties, when you sign up to services provided by OL through a social network; in such occasions, we may receive the personal information you have made available to such third parties, and which you have allowed for them to relay via your privacy settings
3.7 OL will keep a detail of your transaction history in the Marketplace (top-ups, transfers and withdrawals).
3.8 OL may require you to provide additional information and documents at the request of any competent authority or as required under any applicable law or regulation, including laws related to anti- money laundering regulations. OL may also require you to provide additional information and documents in cases when it has reasons to believe that:
3.8.1 Your Marketplace Account is being used for money laundering or any other illegal activity;
3.8.2 You have concealed or provided false identification information and other details; or
In these cases, at its sole discretion OL may suspend or terminate your Marketplace Account and any pending transactions in the Marketplace until you provide the additional information and documents which is sufficient to satisfy the requirements of applicable law, to the satisfaction of OL.
3.9 Instant messaging usernames and social media handles.
4. THE PURPOSES FOR WHICH OL USES YOUR PERSONAL INFORMATION
4.1 As with nearly all interactions that take place on the World Wide Web, our servers may receive information by virtue of your interaction with them, including but not limited to IP Addresses.
4.2 Some of the services in the Marketplace and the Vault require permissions that could potentially be used to access additional personal information. Such permissions are used for an extremely limited technical purpose for allowing the Vault and Marketplace to properly interact with your browser. No additional information is obtained beyond what is necessary to provide the Vault or the Marketplace. No information received is shared with any third-party except those affiliated with OL as stated on section 1.4. above, or as required for provision of the Marketplace Account. This information can include, but is not limited to player email addresses, player name, and player address.
4.3 Any identifying information collected via Segment.io is controlled by Segment.io, Inc. including but not limited to player email addresses, player name, and player address.
4.4 Public blockchains provide transparency into transactions and OL is not responsible for preventing or managing information broadcasted on a blockchain.
4.5 Personal information collected for the creation and use of the Marketplace Account is used to allow the interaction of the Marketplace Account with the different top-up and withdrawal methods, operate the Marketplace Account with our third-party providers and comply with applicable KYC requirements.
4.6 OL will not sell your data, nor will ever sell your data without first giving you the opportunity to opt out of such sale.
4.7 OL may use the information we collect in the following ways:
4.7.1 To analyze trends for how the Site, the Vault or the Marketplace are being used;
4.7.2 To improve the Site, Vault and Marketplace;
4.7.3 To help personalize your experience of the Site, Vault and Marketplace; and
4.7.4 If you signed up through a supported social network account, we (or the Developers) may share your accomplishments and goals achieved in the Games in the relevant social network
4.7.5 If you gave us your contact information such as email address, we may use that information to contact you to send you technical notices, updates, confirmations, security alerts, to provide support to you, to tell you about other products and services that we think might interest you, or to respond to your comments or questions. In order to provide marketing information to Users, we may also share your email address with third parties. If you live in the EEA please refer to the marketing provision in section 7 below.
4.7.6 To comply with applicable KYC requirements and OL's Bank Secrecy Act / Anti-Money Laundering and OFAC Compliance Program Manual.
4.7.7 To monitor web traffic.
4.7.8 Granting you access to our Discord channels and general management of our Discord channels and other social media accounts.
4.8 The legal basis that we rely on for processing your personal data is one of the following:
4.8.1 to perform in terms of a contract where you are a party.
4.8.2 a legitimate business interest (that is not outweighed by interests you have to protect your data).
4.8.3 consent (which we will ask for before we process your data).
4.8.4 to comply with a legal obligation.
5. WHO WE SHARE YOUR PERSONAL INFORMATION WITH AND FOR WHAT PURPOSES
5.1 OL may share the information we collect with third parties who need to access it in order to process and perform work on our behalf, including doing things like helping us make the Site, Vault or Marketplace available, including without limitation payment services providers (such as Circle, Moonpay or Ramp), anti-fraud services providers (such as Jumio and Sumsub), providing analytics services for us (such as Amplitude) or third party platforms for retargeting advertising campaigns (such as Google or Facebook). We work hard to ensure that these third parties only access and use your information as necessary to perform their functions.
5.2 OL may create aggregations and anonymizations that contain your information in a way that does not directly identify you. OL may use and/or share those aggregations and anonymizations for a variety of purposes related to the Site, the Vault or the Marketplace, or our company and its business.
5.3 OL may disclose your personal information to our subsidiaries, affiliated companies, agents, businesses, or service providers who process your personal information on our behalf in providing the Site, the Vault or the Marketplace to you. Our agreements with these service providers limit the kinds of information they can use or process and ensure they use reasonable efforts to keep your personal information secure.
5.4 OL may disclose your personal information to Developers, so you may receive updates, and other offerings regarding the Games or the Digital Assets. Our agreements with these service providers limit the kinds of information they can use or process and ensure they use reasonable efforts to keep your personal information secure.
5.6 OL reserves the right to transfer your information in the event that OL is involved in a merger, acquisition, joint venture, sale, bankruptcy, insolvency, reorganization, receivership, assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, or other change of control. If such event happens, OL may disclose your information to another entity related to such event.
6. DATA TRANSFERS
If your information is collected within the European Economic Area (“EEA”), your information may be transferred outside of the EEA. Where we transfer your personal data outside the EEA we ensure that appropriate safeguards are in place by using appropriate data transfer mechanisms such as the European Commission adequacy decision or the EU Standard Contractual Clauses.
7.1 We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
7.1.1 Promotional offers from us
(a) We may use your personal data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
7.1.2 You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and you have not opted out of receiving that marketing.
7.1.3 Third-party marketing
(a) We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.
8. YOUR CHOICE
Should you reside in the EEA, this section 8 will not apply to you. Please see section 13 below which sets out your privacy rights.
10. CHILDREN'S PERSONAL INFORMATION
11. INFORMATION SECURITY AND DATA STORAGE
11.1 Whilst neither we, nor any other organization, can guarantee the security of information processed online, we do have appropriate security measures in place to protect your personal information. For example, we store the personal information you provide on computer systems with limited access, encryption, or both. The primary objective of OL's privacy procedures is to ensure the security and confidentiality of customer information.
11.2 All personal data that OL internally collects will be stored by OL's cloud hosting provider in the United States. Any data stored in the cloud will be stored in secure servers to ensure that your data is protected.
11.3 All information related to credit cards, debit cards, bank accounts and wallets is stored by our payment service providers, Circle, Moonpay, Ramp and/or any other vendor that OL may contract in the future
11.4 All information relating to KYC processes is stored by our KYC services providers, Jumio, Sumsub and/or whichever vendor the Company might currently have
11.5 All information relating to analyzing our customers' preferences, in order to serve personalized content to you, is stored by our analytic service provided, Amplitude, and/or any other vendor that OL may contract in the future.
12. HOW LONG WILL YOU USE MY PERSONAL DATA FOR?
12.1 We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
12.2 To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
13. PRIVACY RIGHTS
13.1 Subject to applicable law, you may have some or all of the following rights in respect of your personal information:
13.1.1 to obtain a copy of your personal information together with information about how and on what basis that personal information is processed;
13.1.2 to rectify inaccurate personal information (including the right to have incomplete personal information completed);
13.1.3 to erase your personal information (in limited circumstances, where it is no longer necessary in relation to the purposes for which it was collected or processed);
13.1.4 to restrict processing of your personal information where:
(a) the accuracy of the personal information is contested;
(b) the processing is unlawful but you object to the erasure of the personal information; or
(c) we no longer require the personal information but it is still required for the establishment, exercise or defense of a legal claim;
13.1.5 to challenge processing which we have justified on the basis of a legitimate interest (as opposed to your consent, or to perform a contract with you);
13.1.6 to prevent us from sending you direct marketing;
13.1.7 to withdraw your consent to our processing of your personal information (where that processing is based on your consent);
13.1.8 to object to decisions which are based solely on automated processing or profiling;
13.1.9 in addition to the above, you have the right to file a complaint with the supervisory authority.
13.2 If you reside in the EEA and you wish to exercise any of your rights set out above, please contact us at: [email protected]
13.3 If you reside in California, you may request certain general information regarding our disclosure of personal information to third parties for their direct marketing purposes.
14. CHANGES AND UPDATES