PRIVACY POLICY
Latest Update: May 29, 2023
Effective Date: May 29, 2023
Introduction
This privacy policy informs you of your choices and our practices regarding any personal information you provide to us, and tells you about your privacy rights and how the law protects you. Your use of this website or membership platform ("NetEase Games Account") and any related services provided by EXPTIONAL PTE. LTD. ("EXPTIONAL", "we", "us" or "our") (together, the "Platform") involves the collection and use of your personal information. We are the controller and responsible for your personal information described in this privacy policy. Please note that the provider of any third party's or our affiliate's and/or our own gaming website(s) or application(s) (including but not limited to Loading Bay, an online game storefront) (collectively, "Third-Party Application") may also be a controller of your personal information and please see their privacy policy for further information. For this privacy policy, "affiliate(s)" include our parent company and any other subsidiaries, joint venture partners or other related group companies that we control or that are under common control with us from time to time.
It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal information about you so that you are fully aware of how and why we are using your information. This privacy policy supplements other notices and privacy policies and is not intended to override them. If you do not agree with this privacy policy, you must not use the Platform. Further, if you access or log into the Platform using any third-party social media or similar account (e.g., Epic or Steam, collectively "Social Media Account"), you should review the privacy policy of the applicable Social Media Account provider as their privacy policy applies in relation to your use of the Social Media Account.
In addition, there are certain non-UK/European Economic Area ("EEA") jurisdiction-specific terms that may apply to you depending on where you reside. Please see the section "Jurisdiction-Specific Terms for Jurisdictions Outside the UK/EEA" below. Please note that nothing in this privacy policy shall confer, and nor shall it be interpreted to confer, any additional rights or obligations that go beyond what is mandated by the relevant applicable data protection laws in a non-UK/EEA jurisdiction.
If you provide us with personal information of other persons, please make sure the respective persons are aware of this privacy policy and only provide us with their data if you are allowed to do so and such personal information is correct.
If you have any comments, questions or complaints regarding the processing of your personal information, you can contact us at support@global.netease.com. Please also see the section "Contact & Complaints" below.
The Types of Personal Information We Use and Collect
Personal information, or personal data, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
This section describes the different types of personal information we collect about you 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 (either directly or through a third party):
We do not request any special categories of personal data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Further, we do not request any information about criminal convictions and offences.
Cookies and Other Tracking Technologies
We may use cookies and other similar technologies to provide you the Platform and services you requested, as well as enhancing your experience on the Platform. Selected third parties may also use cookies when you access your account using Social Media Accounts, in which case you should review their cookie policy and/or privacy policy as applicable. Cookies are small files which, when placed on your device, enable us to provide certain features and functionality.
You may accept or refuse to accept all or some optional cookies we use, if any, by clicking on the "Cookies Setting" page accessible via the cookie banner displayed on our websites. However, in the event of your refusal to install all or some of our optional cookies, the Platform may be unable to operate as designed.
Your browser settings may allow you to transmit a "Do Not Track" signal when you visit various websites. Like many websites, our websites are not designed to respond to "Do Not Track" signals received from browsers. To learn more about “Do Not Track” signals, you can visit https://www.allaboutdnt.com/.
For more information about the cookies and other similar technologies we use, please see our Cookie Policy.
Please note we do not use automated decision-making without human intervention, including profiling, in a way that produces legal effects concerning you or otherwise significantly affects you.
Children
We do not knowingly collect personal information from an individual under the age of 13 or under such higher minimum age (below which parent or guardian consent is needed to collect personal information about that individual) applying in your jurisdiction ("Child") without a parental or legal guardian consent. If you believe that we have unintentionally collected your Child's personal information without appropriate authorization, you may request the deletion of the information by contacting us at support@global.netease.com. In some cases, we may ask the user to provide us with their date of birth for age verification. If such information indicates the user is deemed a Child under the applicable law, we will not collect further personal information from the Child until a parent/guardian's verifiable consent is obtained.
How We Use Your Personal Information and Our Legal Bases of Processing
We will only use your personal information when the applicable law allows us to. Most commonly, we will use your personal information in the following circumstances:
We have set out below how we will use your personal information and which of the legal bases we rely on to do so:
Please note that we may associate all of the foregoing information with your account, the device you use to access the Platform, or the email address that you use to engage with us.
In addition to the specific uses of information described above, we may use any or all of the above information to:
If You Fail to Provide Personal Information
Where we need to collect personal information by law, or under the terms of a contract we have with you, and you fail to provide that information when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us, but we will notify you if this is the case at the time.
How We Store and Share Your Personal Information
In order to perform our contract with you, your personal information will be accessible from and processed on our servers. Our servers are hosted on Amazon Web Services. Your information may be transferred to and processed in countries outside the jurisdiction you are located – for further information, please see the section "International Transfers" below.
We share your personal information with selected third parties in and outside your jurisdiction, including:
We require all third parties to respect the security of your personal information and to treat it in accordance with the applicable law.
International Transfers
We share your personal information within our affiliates and other third parties as described above, which means personal information may be stored and processed in a jurisdiction outside of the UK or EEA.
As applicable, whenever we transfer your personal information out of the UK or EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
As applicable, please contact us using the contact details listed below under "Contact & Complaints" if you want further information on the specific mechanism used by us when transferring your personal information out of the UK / EEA, including obtaining a copy of the documents (such as standard contractual clauses) used to protect your information.
The Security of Your Personal Information
We are committed to maintaining the privacy and integrity of your personal information no matter where it is stored. We have information security and access policies that limit access to our systems and technology. We have also put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed, including deploying a firewall and other security measures (such as encryption) commensurate to industry standards to prevent unauthorised access to your personal information. Your personal information will remain subject to our technical and organisational controls and our policies and procedures (including this privacy policy).
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 from, to or via our Platform. We are not responsible for the security of information transmitted via the Internet; any transmission of your information via the Internet is at your own risk.
Data Retention
We will only retain your personal information 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 information 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.
To determine the appropriate retention period for personal information, we consider the amount, nature and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
Your Rights
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). You will not have to pay a fee to exercise any of your rights. However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
To exercise any of your rights, please contact us at support@global.netease.com. Please note that further information may be required to verify your identity when exercising your rights.
Access
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 and complete the corresponding request form.
Portability
You have the right to receive a copy of certain personal information we process about you. This comprises any personal information we process by automated means and on the basis of your consent or pursuant to our contract with you, as described in the section "How We Use Your Personal Information and Our Legal Bases of Processing" above. 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).
Correction
You have the right to correct any personal information held about you that is inaccurate or incomplete. If you believe we hold any other personal information about you and that information is inaccurate or incomplete, please contact us and complete the request form, although we may need to verify the accuracy of the new data you provide to us.
Erasure
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 and complete the request form.
You may request that we erase the personal information we hold about you in the following circumstances:
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 Platform and there are grounds for erasure, we will use reasonable steps to try to tell others that are processing or 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:
Objection
You have the right to object to our processing of personal information about you where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Withdrawal of consent
You have the right to withdraw consent at any time where we are relying on consent to process your personal information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
Announcements
We may from time to time send you announcements when we consider it necessary to do so (such as when we temporarily suspend the Platform 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
The Data Controller for the Platform is EXPTIONAL PTE. LTD.
In the event that you wish to make a complaint about how we process your personal information, please contact us in the first instance. This is without prejudice to your right to lodge a claim or complaint with the relevant data protection authority in the jurisdiction in which you live or work where you think we have breached data protection laws.
Our Contact Information
For EEA data subjects, please note that we have appointed Prighter as our representative in the EEA to act as a point of contact for any enquiries, concerns or requests regarding this privacy policy or the processing of your personal information. You can contact Prighter via the contact details set out below:
Art 27 GDPR representative
PrighterGDPR-Rep by Maetzler Rechtsanwalts GmbH & Co KG
c/o EXPTIONAL PTE. LTD.
Address: Schellinggasse 3/10, 1010 Vienna, Austria
Website: https://prighter.com
Please add the following subject to all correspondence: ID-14363821546
For UK data subjects, please note that we have appointed Prighter as our representative in the UK to act as a point of contact for any enquiries, concerns or requests regarding this privacy policy or the processing of your personal information. You can contact Prighter via the contact details set out below:
Art 27 UK-GDPR representative
PrighterUK-Rep by Prighter Ltd
c/o EXPTIONAL PTE. LTD.
Address: 20 Mortlake Mortlake High Street, London, SW14 8JN, UNITED KINGDOM
Website: https://prighter.com
Please add the following subject to all correspondence: ID-14363821546
Changes to This Privacy Policy
We keep our privacy policy under regular review and may update the policy from time to time as the Platform or our privacy practices change, or as required by law or regulation. This version was last updated and is effective as of May 29, 2023 – please refer to "Latest Update / Effective Date" at the top of this page.
If we make any material changes to this policy, we will post the updated policy here and we may notify our users through their account. Please check this page frequently to see any updates or changes to this policy.
Language
This privacy policy may be translated into the local language in the relevant territory. In the event of a conflict between this privacy policy in the English language version and the localised version, the English language version shall prevail.
Jurisdiction-Specific Terms for Jurisdictions Outside the UK/EEA
If you reside outside the UK/EEA, you may have specific privacy rights in your jurisdiction. If you are a citizen or habitual resident of the applicable jurisdiction described below, the following jurisdiction-specific terms will supplement, and should be read together with, this privacy policy. In the event of a conflict between the Jurisdiction-Specific Terms that are relevant to your jurisdiction and the rest of the privacy policy, the relevant Jurisdiction-Specific Terms shall prevail.
Please note that nothing in this privacy policy shall confer, and nor shall it be interpreted to confer, any additional rights or obligations that go beyond what is mandated by the relevant applicable data protection laws in a non-UK/EEA jurisdiction.
Australia
International Transfers
Add the following paragraph:
We may disclose your personal information to overseas recipients including in the following countries/regions: Singapore, Japan, Canada, and the United States.
Your Rights
The section "Your Rights" is replaced in its entirety as follows:
You have certain rights to make requests to us in relation to the personal information we hold about you. Some of these rights 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. We will endeavour to respond to you within 30 days of request of a request. In some circumstances we may be entitled to or required to refuse your request.
To exercise any of your rights, please contact us at support@global.netease.com. Please note that further information may be required to verify your identity when exercising your rights.
Access
You have the right to request access to personal information we hold about you.
Correction
You have the right to request that we correct any personal information held about you that is inaccurate, out-of-date, incomplete, irrelevant or misleading.
Withdrawal of consent
You have the right to withdraw consent at any time where we are relying on consent to process your personal information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
Contact & Complaints
Add the following paragraph:
We will investigate any complaint you make to us regarding our handling of your personal information and will use reasonable endeavours to respond to you in writing within 30 days of receiving the written complaint. If you are dissatisfied with our response to your complaint, you have the right to make a complaint to the Office of the Australian Information Commissioner.
Brazil
Your Rights
The section "Your Rights" is replaced in its entirety as follows:
Brazilian users are entitled the following rights under Brazilian Data Protection Law (Law No. 13,709/2018 or "LGPD"):
Right to Confirmation of data processing activities performed by Platform in connection with their personal data;
Right to Access to the data Platform has available about them;
Right to Rectify data that Platform has available about them;
Right to Anonymization, Restriction to the processing or Elimination of personal data, to the extent that they believe that such data is no longer necessary or is excessive for the purpose for which Platform informed, or, additionally, when Platform believe that the data processing activities in connection with such data are not in accordance with data protection laws;
Right to Erase personal data that Platform process based on consent, except in those cases where the law provides for exceptions to this right;
Right to Information on third parties with whom their personal data has been shared;
Right to Information on the possibility of not giving consent and the consequences thereof;
Right to Review decisions made based solely on automated data processing;
Right to Portability of personal data;
Right to Withdraw consent at any time, where consent has been provided;
Right to Object to the processing, where the processing is not based on consent, and the processing is unlawful;
Right to Bring a claim before the Data Protection Authority ("ANPD") against Platform (https://www.gov.br/anpd/pt-br).
Contact & Complaints
Add the following paragraph:
For data subjects in Brazil, please note that we have appointed a Person in Charge to act as a point of contact for any enquiries, concerns or requests regarding this privacy policy or the processing of your personal information. You can contact Lei Jiang, Legal Department at support@global.netease.com.
Canada
International Transfers
Add the following paragraph:
Your personal information may be stored and processed in jurisdictions in which we have affiliates and/or in which we engage the third-party vendors and service providers, such as Singapore, Japan, Canada, and the United States.
Your Rights
The section "Your Rights" is replaced in its entirety as follows:
You have certain rights in relation to the personal information we hold about you.
Access
You have the right to access personal information we hold about you.
Withdrawal of consent
You have the right to withdraw consent at any time where we are relying on consent to process or disclose your personal information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
Correction
You have the right to correct any personal information held about you that is inaccurate or incomplete. If you believe we hold any other personal information about you and that information is inaccurate or incomplete, please contact us at support@global.netease.com and complete the request form, although we may need to verify the accuracy of the new data you provide to us.
Contact & Complaints
Add the following paragraph:
To contact us or make a complaint if you are in Canada, please contact us as follows:
Attn: Lei Jiang, Legal Department
E-mail: support@global.netease.com
Postal address: Level 35, The Gateway West, 150 Beach Road, Singapore
Hong Kong
Direct Marketing
We intend to use your name and contact information to provide direct marketing to you in relation to games and other related goods and services, and we require your consent for that purpose. We also intend to provide your name and contact information to our affiliates in order to enable them to direct market to you the same types of goods and services, and we require your written consent for that purpose.
If You Fail to Provide Personal Information
Add the following sentence at the beginning of the section:
Your provision of personal information is voluntary.
Your Rights
The section "Your Rights" is replaced in its entirety as follows:
You have the right to ascertain whether we hold personal information about you and request access to such personal information. You also have the right to correct any personal information held about you that is inaccurate or incomplete.
To exercise any of your rights, please contact Lei Jiang, Legal Department at support@global.netease.com. Please note that further information may be required to verify your identity when exercising your rights.
Changes to This Privacy Policy
The section "Changes to This Privacy Policy" is replaced in its entirety as follows:
We keep our privacy policy under regular review and may update the policy from time to time as the Platform or our privacy practices change, or as required by law or regulation. This version was last updated and is effective as of May 29, 2023 – please refer to "Latest Update / Effective Date" at the top of this page.
If we make any material changes to this policy, we will post the updated policy here and we may notify our users through their account and/or obtain their consent if required by applicable law. Please check this page frequently to see any updates or changes to this policy.
New Zealand
Your Rights
The section "Your Rights" is replaced in its entirety as follows:
You have the right to request access to, and correction of, your personal information by contacting us at the contact details notified above.
Philippines
Introduction
Add the following paragraph:
To the extent that the processing of your personal information is subject to Philippines law, please note that the applicable data privacy laws shall include the Philippine Data Privacy Act of 2012, its Implementing Rules and Regulations, and the issuances of the Philippine National Privacy Commission.
How We Use Your Personal Information and Our Legal Bases of Processing
Add "We also rely on your consent, if required by applicable law." at the end of each of the two bullet points regarding Registration Information and Customised User Profile.
Your Rights
The section "Your Rights" is replaced in its entirety as follows:
Under Philippine law, you have certain rights in relation to the personal information that we hold about you, including the right to obtain information regarding the processing of your personal information, request access to the personal information that we hold about you, request rectification of your personal information, request erasure of your personal information, request data portability, and object to the processing of your personal information. Please note that these rights may be limited under the applicable law.
If you would like to exercise the above rights, you may contact us using the information indicated above in "Contact & Complaints". You also have the right to lodge a complaint with the Philippine National Privacy Commission and seek indemnification if you think any of your rights have been infringed by us.
Singapore
Your Rights
Add the following sentence to this section:
We will respond to the exercise of your specific privacy rights in accordance with applicable data protection laws.
Switzerland
International Transfers
The section "International Transfers" is replaced in its entirety as follows:
We share your personal information within our affiliates and other third parties as described above, which means personal information may be stored and processed in a jurisdiction outside the UK, EEA or Switzerland.
Whenever we transfer your personal information out of the UK, EEA or Switzerland, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
Please contact us using the contact details listed below under "Contact & Complaints" if you want further information on the specific mechanism used by us when transferring your personal information out of the UK / EEA / Switzerland, including obtaining a copy of the documents (such as standard contractual clauses) used to protect your information.
United States
Cookies and Other Tracking Technologies
The third paragraph shall be amended as follows:
Your browser settings may allow you to transmit a "Do Not Track" signal when you visit various websites. Except where required by law or where we voluntarily decide to do otherwise, our websites are not designed to respond to "Do Not Track" signals received from browsers. To learn more about "Do Not Track" signals, you can visit https://www.allaboutdnt.com/.
Information for California Residents
Please see the main body of our privacy policy above for our Notice at Collection. We may collect the following categories of personal information and sensitive personal information, as these terms are defined in the California Consumer Privacy Act:
Category | Examples |
---|---|
Identifiers | A name, account name, nickname, username, profile avatar, account ID, device ID, device type/model, network data and operating system, IP address, MAC address, email address, IP address, mailing address, password, security question. |
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) | A name, mailing address, and telephone number. Some personal information included in this category may overlap with other categories. |
Protected classification characteristics under California or federal law | Age (date of birth) or national origin. |
Geolocation data | Approximate location derived from IP address, cell-ID, and Wi-Fi connection location. |
Electronic information | Information you provide directly or through your interactions with our Platform (device type/model, network data and operating system, date and time stamp of actions, saved preferences and status of Third-Party Applications logged in). |
Category of sensitive personal information | Examples |
---|---|
Racial or ethnic origin, gender (gender expression or gender identity) or other sensitive Personal Information, where a user voluntarily makes such information available to us, even if we do not expressly request such information | Gender (gender expression or gender identity), racial or ethnic origin |
Log-in credentials | Email address, account name/nickname, password and security questions |
If you reside in California, please see our California Privacy Policy and Notice of Right to Opt-out of Sale/Sharing here.
Information for Colorado Residents
As of July 1, 2023, Colorado residents acting as consumers have the following rights under the Colorado Privacy Act, subject to the conditions therein:
If you are a resident of Colorado, you may exercise these rights by contacting us at support@global.netease.com. We may request information from you to verify your identity; for example, we may ask you to login to your account with us or ask you to provide information that we have on file and which we can use to authenticate you. You may also designate an authorized agent to submit a request to exercise your rights on your behalf; in this case, we may ask you for information to verify your identity and that you have authorized the agent to act on your behalf.
If we decline to take an action regarding your request, we will inform you of such, including the justification for declining to take action and instructions on how to appeal the decision. We will inform you of any action or inaction taken in response to such appeal. If the appeal is denied, you may contact the Colorado Attorney General to submit a complaint.
Information for Connecticut Residents
As of July 1, 2023, Connecticut residents acting as consumers have the following rights under Connecticut law, subject to the conditions therein:
If you are a resident of Connecticut, you may exercise these rights by contacting us at support@global.netease.com. We may request information from you to verify your identity. If we decline to take an action regarding your request, we will inform you of such, including the justification for declining to take action and instructions on how to appeal the decision. We will inform you of any action or inaction taken in response to such appeal. If the appeal is denied, you may contact the Connecticut Attorney General to submit a complaint.
Information for Nevada Residents
Nevada law gives Nevada residents the right to direct a company to not sell certain of their personal information. This right applies even if their personal information is not currently being sold. If you are a Nevada resident and wish to exercise this right, please submit a "Do not sell your personal information request" by contacting us at support@global.netease.com.
Information for Utah Residents
As of December 31, 2023, Utah residents acting as consumers have the following rights under the Utah Consumer Privacy Act, subject to the conditions therein:
If you are a resident of Utah, you may exercise these rights by contacting us at support@global.netease.com. We may request information from you to verify your identity. If we decline to take an action regarding your request, we will inform you of such, including the justification for declining to take action and instructions.
Information for Virginia Residents
Virginia residents acting as consumers have the following rights under the Virginia Consumer Data Protection Act, subject to the conditions therein:
If you are a resident of Virginia, you may exercise these rights by contacting us at support@global.netease.com. We may request information from you to verify your identity. If we decline to take an action regarding your request, we will inform you of such, including the justification for declining to take action and instructions on how to appeal the decision. We will inform you of any action or inaction taken in response to such appeal. If the appeal is denied, you may contact the Virginia Attorney General to submit a complaint.