09 January 2020
Monolith Mind LLC LEGAL DOCUMENTATION
Below, you’ll find legal documentation for all Monolith Mind products & services.
Effective 21 May 2020
By “Personal Data”, we refer to data that relates to you as an identified or identifiable natural person. The term “Personal Data” may include your name, your address, your telephone number, your e-mail address, your age, your gender, your game preferences, for instance. Anonymous information, which we are not in a position to relate to you, does not qualify as “Personal Data”.
1. CONTROLLER’S NAME AND CONTACT DETAILS
Controller in the sense of the General Data Protection Regulation (GDPR) and other data protection or data privacy laws in the Member States of the European Union and other guidelines with a data protection nature regarding our (i) online and mobile game including, but not limited to, game named “Insilentium” ( “Game”) and associated web-sites such as insilentium.com, monolithmind.com as well as any other Monolithmind game and any other websites owned or operated by Monolithmind is:
02095, Ukraine, Kyiv, Knyajii Zaton str., bld. # 9-A, office # 369
In this Policy, “Monolithmind”, “we”, “us” or “our” means Monolithmind, LLC. The term “Services” refers to the act of providing you with the opportunity to use the named game (“Game”), website (“Site”), Monolithmind account (“Account“).
2. CONTACT DETAILS OF THE DATA PROTECTION OFFICER (DPO)
The contact details of Data Protection Officer of Monolithmind are:
02095, Ukraine, Kyiv, Knyajii Zaton str., bld. # 9-A, office # 369
3. GENERAL INFORMATION IN BRIEF
We process personal data only when necessary for the performance of a contract with you, for compliance with a legal obligation to which we are subject, or based on our legitimate interests, except where such interests are overridden by the interests or fundamental rights and freedoms for which require the protection of your Personal Data.
Our legitimate interests are to render and improve our Services in an effective, safe and harmless manner. We want to provide everyone with a fair and balanced experience when using our Services.
3.1. YOUR PREFERENCES
You can choose how we use your Personal Data using our Account Management Tool. As we need to verify your identity before we follow your instructions on Personal Data use, you need to have a registered Account in order to access the Account Management Tool. This means that if you are using a demo version of the Account, you will only be able to fully control our use of your data after you complete the Account here.
For example, through the Account Management Tool you can:
have your Account, and the related Personal Data, deleted. Read more below in Section 7.4 “Right to erasure”.
3.2. INFORMATION SECURITY
We and our employees understand the need for user privacy, and we maintain reasonable and appropriate security procedures to protect your information from loss, misuse and unauthorised access, disclosure, alteration and destruction, taking into due account the risks involved in the processing and the nature of the Personal Data.
3.3. PROCESSING INFORMATION BY THIRD PARTIES
We may share Personal Data with our affiliates, subsidiaries, vendors or agents working on our behalf for the purposes described in this Policy. For example, we may hire companies to assist with protecting and securing our systems or services. Any vendor or agent that we retain must comply with our data privacy and security requirements and are not allowed to use personal data they receive from us for any other purpose. Those companies may be located outside of the European Economic Area. Read more in Section 6 “How we share your information”.
We recognise that we have a special obligation to protect personal information obtained from children. We will not knowingly collect Personal Data from any child, or process such information, without parental consent. For the purpose of this Policy, a child means any individual who is under the age of 18 (or the minimum legal age to consent to the collection and processing of Personal Data where this is different under applicable law).
3.5. DATA RETENTION
We keep most of your Personal Data gathered and processed for the purposes described in this Policy for as long as you continue to use our Services, e.g. you have an activated Account in one of our game. We will delete your Personal Data after you request your Account deletion and the grace period of 45 (forty-five) calendar days, during which we can restore your Account, expires. The process of erasing your Personal Data can take up to one month from expiry of the grace period and, considering the complexity and number of requests, may be extended by a further two months. Read more in Section 7.4 “Right to erasure”.
4. INFORMATION WE COLLECT
In relation to your use of our Services, we gather information either directly from you (when you provide information to us) or indirectly (e.g. through our Site’s technology).
4.1. INFORMATION WE COLLECT DIRECTLY
We collect Personal Data and other information that you voluntarily provide. It is entirely your decision to provide the requested information. However, your use of certain Services is possible only if you provide required information, e.g. while creating an Account.
When setting up an Account, you may be asked to provide Personal Data including, but not limited to, your name, email address and telephone number.
We may obtain your Personal Data when you register for and use our other Services, e.g. game forums, chats, or when you provide feedback about our Services. This data includes:
Information that you post, comment or like in any of the game-related forums owned or operated by Monolithmind (“Forums”), on the pages of social network groups operated by Monolithmind, and on the Sites;
Information sent through the “game-chat” functionality in the game, including through in-Game voice chat;
Information you provide when you request information or support from us or purchase a product or service from us, including information necessary to process your orders with the relevant payment merchant, which may include the amount of any transaction, but will not include your financial information, which will only be submitted directly to the payment merchant under secure protocols;
Information other than the Account Data you provide to us when participating in competitions, contests, tournaments, at offline events, responding to surveys, e.g. your contact details;
Information that you provide to us to become a participant of alpha-tests, super tests, and UX tests.
4.2. INFORMATION WE COLLECT INDIRECTLY
We indirectly collect a variety of information through your interaction with and use of our game, Sites and other Services.
This information may include, but is not limited to, anonymized browser and device information (both software and hardware), data collected through automated electronic interactions, application usage data, demographic information, geographic, geo-location information, statistical and aggregated information (“Other Information”). Statistical or aggregated information does not directly identify a specific person, but it may be derived from Personal Data. For example, we may aggregate Personal Data to calculate the percentage of users in a particular country. If Other Information is combined with Personal Data, we will treat the combined information as Personal Data.
4.2.1. Tracking Data and Cookies
Website traffic volume and patterns, such as the number of visitors to a given website or page on a daily basis is typically referred to as “Tracking Data”. This type of indirectly collected information is gathered through various means, such as an IP address, which is a number that is automatically assigned to your computer whenever you are surfing the web. Web servers, the computers that “serve up” web pages, automatically identify your computer by its IP address. When you visit any of our Sites, our servers log your computer’s IP address.
188.8.131.52. How to delete cookies and opt out of targeted advertising and analytics
If you wish to limit behaviourally targeted advertising, you can do so by limiting ad tracking in your device settings. Please note that opt-outs are specific to each browser and device and it may take a little bit of time before your opt-out will take effect.
For mobile advertising in apps, you can reset your Advertising Identifier and depending on your device, select to opt out of interest-based ads (Android) or turn on the Limit Ad Tracking setting (iOS).
For display advertising on the Web, you can also adjust your browser settings to limit certain tracking by means of cookies (e.g. https://support.google.com/chrome/answer/95647?co=GENIE.Platform%3DDesktop&hl=en for Chrome), and by visiting the following sites: http://www.aboutads.info/choices and http://www.youronlinechoices.eu.
4.2.2. Game-Related Information
In order to provide you with efficient services, we need to collect, store and use various information about your activity in our game. “Game-Related Information” includes your in-game identifier, which for most of our game is known as “Monolithmind ID”, as well as what is usually referred to as “game statistics”. By “game statistics” we mean information about your game preferences, progress in the game, participation and performance in clans, frequency of playing.
4.2.3. Device Information and Geo-Location
In order to fix crashes and other technical issues that may arise while you are installing the game and using our Services, as well as to make our Services more suitable for you, we collect, store and use information about the device you are using the Services on, including what type of device it is, what hardware and operating system you are using, the device settings, unique device identifiers, and crash data (if any). Whether we collect some or all of this information often depends on what type of device you are using and its settings.
To make Services more suitable for you and only upon your permission we can also collect your precise GPS location from mobile devices is collected only with your permission. Wi-Fi and IP addresses received from your browser or device may be used to determine approximate location.
4.2.4. Information required for fraud and violations detection
We may also collect certain data (like IP address, username, etc.) that is required for our detection, investigation and prevention of cheating in the Game and EULA violations. This data, being used only for the purposes of detection, investigation and prevention of frauds and cheating in the Game is deleted six months after its collection, unless the data can be used to prove that cheating has occurred. If the data can be used to prove that cheating or another fraud or EULA violation has occurred, we will further store the data for the establishment, exercise or defence of legal claims during the applicable statute of limitations. Please note that the specific data stored for this purpose may not be disclosed to you or any third parties, since the disclosure will compromise the mechanism through which we detect, investigate and prevent frauds and cheating in the Game, as well as other EULA violations.
4.2.5. Information from publicly available online resources
We may use the information made publicly available, e.g. through YouTube, Facebook, Instagram and Twitter, in order to find out your opinion about game and Services, so that we could take them into account while improving our Services. Such data collection can be carried by Monolithmind independently, or received from our partners making analysis of public sentiments on various issues.
4.2.6. Information from our partners
In some cases, Monolithmind receives your personal data as a data processor, which means that the data is controlled by our partners and we use it only in accordance with their instructions and applicable laws. We use this data in order to fulfil our obligation under the EULA, improve the Services, and when processing is required in order to comply with a legal obligation to which we are subject.
Payment partners. When you purchase virtual items, virtual currency, or time-limited premium memberships with your credit card, we may receive from our payment partners and process a part of your credit card number, information about your credit card issuer, as well as your full address for billing purposes;
Social networks. We have registered certain game-related group accounts and pages at Facebook, Twitter, Reddit, and other social networks to better communicate with our players in case they have questions about the Services, as well as prefer to learn about news about the Services through the social networks. Also, we get information relating to your profiles on social networking sites in order to allow integration with such social networking sites, e.g., your name, avatar, and date of birth, if you link a third party tool with our Services.
5. HOW WE USE YOUR INFORMATION
We need to process your Personal Data in order to perform the contract with you according to Article 6(1)(b) of the GDPR. As a user, we will use your Personal Data, unless otherwise prohibited by law, for the following purposes:
to provide you with the Services you request, i.e., to ;allow your installation of the game, operate the Services and verify and confirm your payments;
to communicate with you about your Account or transactions with us and send you information about features on our Sites or changes to our policies;
to provide support including, but not limited to, product updates, product patches and fixes and other similar communications;
to arrange your travel, receipt of gifts and awards, to which you may be entitled as a result of winning an offline competition, etc.
5.1. COMMUNICATION PURPOSES
We will use your Personal Data for our legitimate interests according to Article 6(1)(f) of the GDPR to advertise our products and services in accordance with this Policy. Namely, once you have created an Account we may use your email address, nickname, IP address, mobile phone number, in order to send you personalized marketing emails, messages, targeted in-game and web offers about game.
5.2. IN-GAME OFFERS
We will also use the Game-Related Information to send you in-game offers that we believe are most useful to you. To make the offer we first collect Game-Related Information from various players, identify patterns in their behaviour, and create algorithms that identify pools of players following the pattern or particular players who follow the pattern. To those players who actually follow the pattern – we send the in-game offers, which can be personalized (i.e., we want the in-game offer to reach you or a relatively small number of players specifically) or non-personalized (i.e., we want the in-game offer to reach a large number of players following a pattern). We make sure that such offers never have any significant impact on you or our other players. For example, we may notice that you are a player who is very good at playing for chosen race and has registered the account more than five years ago: so, we may specifically offer you some purchasing for better playing by chosen race, but in any case not more expensively than it is offered to other users. You can unsubscribe from personalized in-Game offers through our Account Management tool.
5.3. SERVICES IMPROVEMENT PURPOSES
We analyse your information to identify how to improve the Services and our operations to make them more suitable and interesting for our players in general. We also may ask you to respond to our Services-related questionnaires, and you always have the choice about whether to respond to them and which information you provide.
5.4. FRAUD AND EULA VIOLATIONS DETECTION
We use the information required for our detection, investigation and prevention of cheating in the Game and violations of EULA and Game Rules and policies only for the purposes of detection, investigation and prevention. If the data can be used to prove that cheating or another fraud or EULA violation has occurred, we will further store the data for the establishment, exercise or defence of legal claims during the applicable statute of limitations.
6. HOW WE SHARE YOUR INFORMATION
For the performance of a contract with you, compliance with a legal obligation to which we are subject, and based on our legitimate interests, we may share your personal data with the following categories of third parties:
Payment partners: we share your email address, IP address, information about in-game purchases requested by you at Monolithmind’s web-sites, and other information you provide to us for the purpose of fulfilling your purchase and withdrawal requests with such companies as Adyen BV, PW Inc., PayPal (Europe) Sarl & Cie, NBCO LLC;
Advertising and advertising measurement partners: we share your email, nickname, IP address and other information you provide to us in order to facilitate targeting, delivery, and measurement of online advertising on third-party services, facilitate transmittal of information that may be useful, relevant, or of interest to you, e.g.. allowing you to get rewards for viewing in-game advertisements with such companies as Emarsys UK Ltd, Unity Technologies APS;
Data storage partners: we store some of your information using third-party data storage services, e.g., while some of your Game-related information is stored using Google Cloud Platform (BigQuery), as well the services of Amazon Web Services, Inc., G-Core Labs S.A.;
Software providers: proper Services rendering requires us to use software solutions of third parties, e.g., for our in-game questionnaires, including storage of your replies, we use the software of Widgix, LLC dba Survey Gizmo, to provide you with easy access to your game statistics we use software of Mixpanel, Inc.;
Research partners: we may provide access to some of your data, such as your Game statistics, to provide marketing-related and other research. We share anonymous data with our partners unless your personal data is necessary for the requested services or research;
Player Support partners: for some territories and products we engage third parties to provide you with appropriate player support services. Such companies may get access to your personal data, including personal data that you may provide in your player support requests. Such partners include Zendesk Inc, iOpex Technologies Inc.;
Developers of applications based on the Game: we make your nickname and some of your Game statistics available to other players and our partners through Public API. The data can be used for developing and support of the applications created by the Game community, mobile applications, e.g. World of Tanks Assistant, authorized mods to the game. Public API enables us to improve your gaming experience, fulfil potential of our community, and put use of our players’ statistics under our control by creating rules and requirements for their use by other players and community;
Information available to other players: making your nickname and game statistics available to other players through our Services is an important part of making players’ experience more enjoyable. If you are banned in a Game based on other players’ complaints, we may inform them about the ban. Please note that members of your clan have access to a bigger amount of your game statistics than others;
Publicly available information: our Sites may also have message boards, forums and/or chat areas, where users can exchange ideas and communicate with each other. When posting a message to a board, forum or chat area, please be aware that the information is being made publicly available on-line; therefore, you are doing so at your own risk. Your nickname and game statistics may also become available within game replays and other videos, which Monolithmind or other players may generate and put online. Please do not include into your nickname any data that can identify you personally. To change your nickname please contact Player Support;
External moderators and testers: some limited data about you (such as your nickname, content of player support ticket) may become available to third party volunteering moderators and testers who contribute to providing you with better Services, e.g. to quickly respond to your questions about the game.
Anti-cheat and anti-fraud companies: we may share the information required for our detection, investigation and prevention of cheating in the game and EULA violations only for the purposes of detection, investigation and prevention of cheating in the Game. Such partners include ACI Worldwide (EMEA) Ltd., UK. Easy Anti-Cheat software provided by Epic Inc., US;
Logistics partners: to arrange your trips (e.g., as an eSports player) and deliver the prizes you may be entitled to thanks to use of your Services, we can share your post address and other required details with our logistics partners or ask you to share that data with our logistics partners directly;
Third-party websites: you can choose to log into some websites using Monolithmind OpenID. In this case we pass to the websites your nickname and your profile link. Please check our Player Support articles on OpenID for more details and note that Monolithmind does not control further use of this data by third-party websites, i.e., we cannot request their erasure of your data;
Public authorities and auditors: some personal data shall be disclosed to public authorities, e.g., tax and customs authorities, auditors, and other competent parties, in accordance with Union or Member State law;
Monolithmind subsidiaries and affiliates: as a global company, we collect information that may be processed in our offices worldwide. Your information may also be processed outside of the European Economic Area, e.g. in the United States, Ukraine, or any other country in which we, our affiliates or subsidiaries maintain presence.
When your personal data is shared with Monolithmind affiliates and subsidiaries, as well as third parties outside the European Union or the European Economic Area, Monolithmind guarantees an adequate level of personal data protection, including but not limited to, by entering into standard data protection clauses adopted by the European Commission with Monolithmind affiliates and subsidiaries, as well as such third parties. We will provide you with a copy of the standard data protection clauses upon your request.
Sharing anonymous information. We also may share anonymous information, i.e. information which does not directly or indirectly disclose your identity, and aggregated information (meaning information about groups and categories of users, including game statistics and behaviour, but which does not identify and that cannot reasonably be used to identify any individual user) with our advertising partners. We may also allow our advertisers to collect anonymous information and aggregated information within the Services and they may then share that information with us. Our advertisers may collect this information through the use of tracking technologies like cookies and web beacons. This enables our advertisers to develop and deliver targeted advertising in the Services and on the websites of third parties, so that they can try to serve you with advertisements for products and services that are most likely to be of interest to you. Advertisers will also use this information to monitor, improve or modify their operations.
7. YOUR RIGHTS
To allow you to exercise your data protection rights in a simple way we have improved the Account Management tools available here and – for Console game – here. If you are using a demo account, you will only be able to fully control our use of your data after you create the Account here or – for Console game – here. This means that if you are using a demo version of the Account, you will only be able to fully control our use of your data after you complete the Account here. Please visit it to make choices about which direct communications you would like to receive, as well as to exercise your rights to data access, data erasure and objection to data processing. In some cases, for game developed solely by third parties and published by Monolithmind on Monolithmind Game Center (see paragraph 6(18) above), you can exercise your rights directly from the third-party developer. You may contact us to assist you on how you can exercise your rights for game developed solely by third parties.
7.1. OPT-OUT OF DIRECT MARKETING AND RIGHT TO OBJECT
You can opt-out of personalized advertising in mobile applications, including our mobile game, by checking the privacy settings of your Android or iOS device and selecting “limit ad tracking” (Apple iOS) or “opt-out of interest-based ads” (Android). You can adjust your mobile push notifications in your Android or iOS device settings menu.
Where processing of your Personal Data is based on legitimate interests according to Article 6(1)(f) of the GDPR, you can use your right to object at any time. If you object we will no longer process your Personal Data unless there are compelling and prevailing legitimate grounds for the processing or the data is necessary for the establishment, exercise or defense of legal claims.
7.2. RIGHT OF ACCESS
You have the right to access your Personal Data that we hold about you, i.e. the right to require free of charge (i) information whether your Personal Data is retained, (ii) access to and/or (iii) duplicates of the Personal Data retained. You can use the right to access to your Personal Data through the “Data Export” tool available in the Account Management tools here and – for Console game – here. Normally, we provide the duplicate of the Personal Data retained within 30 (thirty) days upon your request. Once the archive with the Personal Data we retain is ready, you will be able to download in it from our resources. If the request affects the rights and freedoms of others or is manifestly unfounded or excessive, we reserve the right to charge a reasonable fee (taking into account the administrative costs of providing the information or communication or taking the action requested) or refuse to act on the request. We also will not be able to provide you with some Personal Data that you may post or provide using our Services regardless of our request not to provide the Personal Data in this particular field, website, etc.
7.3. RIGHT TO RECTIFICATION
You control which nickname, email, phone number, country, social networks accounts, trusted sites and payment methods we associate with your Account. If they change, please modify the data in the Personal Account directly. Please inform us if any of the Personal Data we retain about you is inaccurate.
7.4. RIGHT TO ERASURE
You have the right to obtain deletion by us of Personal Data concerning you by deleting your Account via our “Account Deletion” tool available in the Account Management tools here and – for Console game – here.
As a result of deleting your Account, you will lose access to most Services, including the Account and Game-Related Information linked to the Account, subscriptions to Monolithmind forums and the possibility to access other services you are using the Account for.
Grace period. We allow you to restore your Account during a grace period of 45 (forty-five) days from the moment you request deletion of your Account. This functionality allows you not to lose various Game-Related Information and other important information and options by mistake. During the suspension period, we will be able to finalise financial and other activities that you may have initiated before sending the Account deletion request.
No payments after Account deletion. As a result of deleting your Account, you will lose the possibility to make payments in the Premium Shop, including during the grace period. Should any payment be made after Account deletion due to a technical error or for any other reason, we will refund the amount paid by you and will not grant you the rights to the respective Additional Features.
Complicated Account deletion. In some cases, deletion of your Account, and therefore Personal Data deletion, is complicated. Namely, if you are a clan commander in the game, it is highly likely that you will only be able to delete your Account after you have transferred the clan and placed it under the command of another user or dissolve the clan. In some cases, considering the complexity and number of the requests, the period for Personal Data erasure may be extended, but for no longer than two further months.
Earlier Personal Data deletion. We store most Personal Data we retain about you until you request deletion of your Account through the Account Management tools. However, certain Personal Data is deleted even while you have a valid Account. For example, we will delete:
your Contact Data, clothes sizes, colour preferences, etc., you have provided for customisation, or for us to send you an award or arrange travel to one of our events, within 45 (forty-five) days after us sending the award to your address;
the data about you that we have collected in the course of alpha-tests, super tests, UX tests, surveys, analysis of publicly available sentiments in social networks such as YouTube, Facebook, at onsite events: within no longer than 45 (forty-five) days after completion of the data analysis, data aggregation and generating of the reports for our Services improvement;
technical logs such as records of communication between Services, access logs, errors logs: normally within 45 (forty-five) days after their creation.
Information we retain. Upon expiry of the suspension period we will delete all Personal Data about you, except for the data that are required for our compliance with the requirements of applicable laws (e.g. tax and accounting requirements) or for our detection, investigation and prevention of cheating in the Game and EULA violations. We will also retain anonymous information after your Account has been closed. Information you have shared with others (e.g. through in-game chats, updates or group posts) will remain visible after you closed your account or deleted the information from your own profile or mailbox, and we do not control data that other Members copied out of our Services. Groups content associated with closed accounts will show an unknown user as the source. Your profile may continue to be displayed in the services of others (e.g. search engine results) until they refresh their cache.
You also have the right to lodge a complaint at a supervisory authority.
8. WE CAN CHANGE THIS POLICY
We may change this Policy from time to time for various reasons, such as legal and regulatory changes, changes in industry practices and technological developments that need to be reflected.