Privacy Policy

PUBLISHED ON JANUARY 7 2020

WELCOME TO MAGMA CODE SERVICES.

PLEASE READ THIS PRIVACY POLICY 

Welcome to Magma Code, an innovative company in video games and interactive content. This Privacy Policy explains our privacy commitment to our players and users of our Services (hereinafter "Users"). This Privacy Policy is incorporated as part of the Magma Code Terms and Conditions, accessible at https://sites.google.com/view/playgrammarninja/terms-and-conditions.

At Magma Code, we collect personal data to support our products and services, while respecting all applicable laws, including but not limited to the Personal Information Protection and Electronic Documents Act (PIPEDA), and regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, directly applicable from May, 25th, 2018 (hereinafter, "General Data Protection Regulation", or "GDPR"). As defined in the GDPR, "personal data" means any information relating to an identified or identifiable natural person, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

By using Magma Code’s services, you authorize Magma Code, LLC and its affiliated companies (collectively, "Magma Code" or "we"), to process your personal data according to this Privacy Policy. If you do not accept the terms of this Privacy Policy, please refrain from using our online games or our games’ online functionalities, our websites, our mobile apps and any other online Magma Code products and services (hereinafter "Services").

In accordance with this Privacy Policy, the Data controller is Magma Code LLC, with its mailing address located at 6034 Vineland Ave., Suite 2037, North Hollywood, CA 91606.

This Policy and the certification seal shown on the Services confirm that Magma Code is a member in good standing of ESRB's Privacy Certified Program. ESRB's Privacy Certified Program is designed to ensure that our Services’ information disclosure practices are responsible and appropriate. As part of this privacy program, we are subject to frequent audits of our Services and other enforcement and accountability mechanisms administered independently by the ESRB.


Table of contents:

1. WHEN DOES MAGMA CODE COLLECT YOUR PERSONAL INFORMATION?


Magma Code collects and processes your personal information at different times when you interact with our Services. Generally, personal information is collected when:

(a) you use a Service,

(b) you create an Account,

(c) you make a purchase within our Services,

(d) you create user generated content,

(e) you watch advertisements within our Services,

(f) you sign up for a newsletter,

(g) you contact Magma Code customer service and during technical support sessions,

(h) you enter into a contest or sweepstakes,

(i) you chat with other users of the Services,

(j) you participate in a beta or otherwise download a patch or a demo, or

(k) you share or otherwise contribute to our social media channels or other community websites.

Whatever the activity may be, we will only collect personal information to the extent necessary to provide you with the Services and fulfil your requests.

2. WHAT PERSONAL INFORMATION DOES MAGMA CODE COLLECT?

2.1 When you use Magma Code services

2.1.1 While Browsing Magma Code websites

Cookies. Magma Code uses cookies on the Services. A "cookie" is a small bit of record-keeping information that web sites often store on a user's computer. Cookies are not intended to include people's names, or other information that is directly identifiable; rather, they are typically used to quickly identify a user's device and to "remember" things about the user's visit. Magma Code may set cookies for your web browser as you visit our websites, use our products, or visit a website where Magma Code provides ads, content or analytics. For example, Magma Code uses cookies to keep track of selected items in your shopping cart on our online store, and to remember your Account identifier. You can disable cookies or set your browser to alert you when cookies are being sent to your computer, although this may affect your ability to shop online or to access certain features of our Services. Each browser is different, so check the "Help" resources for your web browser to learn how to change your cookie preferences. In addition to Magma Code using cookies on our network of websites, Magma Code may allow certain partners to set and access their cookies on your computer. These companies’ use of cookies is subject to their own privacy policies, not the Magma Code Privacy Policy. Please review them carefully. For more information about cookies, please see http://www.allaboutcookies.org. You can see the list of companies that may implement and/or access cookies on your computer, mobile or device, and how to opt-out to such cookies (where available) at https://sites.google.com/view/playgrammarninja/cookie-policy

IP addresses. Magma Code also collects Internet Protocol (IP) addresses for safety and security reasons. An IP address is a number that is used by computers on the network to identify your computer every time you log on to the Internet.

Other passively collected information. While browsing our sites, Magma Code may, on its own, or with the help of third-party tools, collect non-personally identifiable information concerning your gaming hardware, habits, behaviors and use of our Services. Magma Code collects such information to better adapt our Services to users’ interests, and for a better quality of our Services. The information collected may contain the following, without limitation: device unique identity, including MAC address, console, mobile, tablet and console unique identifier or other device identifiers and settings, internet provider, carrier, operating system, hardware information, localization information, date and time spent on the Services, game scores, game metrics, achievements, rankings, time played and statistics, feature usage, advertising conversion rates, monetization rate, purchase history and other similar information.

2.1.2 Registering on a Magma Code service

To access certain Services, you will need a Magma Code Account. During the creation of your Account, we will ask you to provide your user name, password, email address, date of birth (or age) and country of origin. This information is mandatory to create an Account. On other Services, Magma Code may ask you additional personal information relevant to the Service such as your phone number, home address, or geo-location information (for example, you will be asked your home address when purchasing a product within our online shop, in order for Magma Code to deliver the product to your home address).

2.1.3 Creating a Magma Code account

By creating a Magma Code Account, you agree to receive newsletter or adverts about Magma Code products, services, and sales. You can unsubscribe at any time by:

(a) clicking the unsubscribe link contained in all Magma Code email marketing messages;

(b) changing your contact preferences on your Magma Code account settings within the Mobile App.  

(c) contacting https://sites.google.com/view/playgrammarninja/submit-feedback

or info@magmacodellc.com with your unsubscribe request; or

(d) sending your unsubscribe request to Magma Code, LLC Attn: Privacy Rights Administrator c/o Legal Department, 6034 Vineland Ave., Suite 2037, North Hollywood, CA 91606.

To access certain Services, you will need to give an additional consent to allow Magma Code to share some of your personal data with third parties, such as companies or organizations, which provide services and products you may be interested in. In this case, you can unsubscribe from third parties’ communications through the mechanisms provided by the third party.

2.1.4 Contacting Magma Code

Magma Code may ask for your first name, family name, e-mail address and your date of birth to answer your demands to the Magma Code Customer Support, to confirm any information or transaction on your Magma Code account, and to give you information regarding the Services (for instance, if you lose your password or if we make changes to the Terms and Conditions).

2.1.5 Participating to contests and sweepstakes

Magma Code may offer you the opportunity to participate in online surveys, questionnaires, contests and sweepstakes. To participate, you may need to provide your first name, your family name, e-mail address, date of birth, your address and country of residence. If you choose to participate in contests, sweepstakes, surveys and questionnaires, your personal data may be processed to allow you to participate, and for internal statistical use.

2.1.6 Interacting on forums

Whenever you participate or interact with other users on a forum, Magma Code collects the content of your communications, the time and the location of your activities, as well as your online ID and your IP address.

2.1.7 Advertisements

Magma Code uses third party ad-serving technologies that may collect information to provide behavioral and non-behavioral advertisements within our Services. The information collected and used for the targeted advertising may contain the following, without limitation: age and gender, number of views of an advertisement, device unique identifier or other device identifiers and settings, information about your use of the products and Services, other sites (including third party web pages and mobile Internet sites) you have viewed (as well as date and time viewed), advertisement(s) served, the advertisement(s)’ in-game location and length, and your response to the advertisement(s) (if any). The analytics tools and ad serving technologies may use server log files, web beacons, cookies, tracking pixels and other technologies to collect this information, and may combine the information collected on other Magma Code Services with information collected from other third party websites, products and services and with demographic, advertisement, market and other analytics surveys. Standing alone, this information is not personal data; however, if Magma Code combines any of this information with personal data, Magma Code will treat this information as personal data pursuant to this Privacy Policy.

You can find a list of our partners whose analytic tools and ad serving technologies are used in our Services at https://sites.google.com/view/playgrammarninja/privacy-policy-data-partners.  Magma Code makes its best efforts to provide you with the links to our partners’ privacy policies, and when available, instructions regarding how to opt-out from their services.


2.1.8 Social media and other third parties’ platforms

Magma Code may also collect personal information on third party social networks, platforms or services. By playing a Magma Code game through a social network or other third party platform, or by connecting to such a third party network, platform or service via one of our products and/or Services, you authorize Magma Code to (1) collect, store, and use, in accordance with this Privacy Policy, any and all personal information that you agreed the social network or third party platform could provide to Magma Code based on your settings on the social network or platform, and (2) share any and all of your personal information with the social network or other third party platform, through the social network/third party platform’s Application Programming Interface (API). You agree to this sharing when you connect with the third party network, platform or service via our products and/or services, and/or when you connect with, "accept" or "allow" (or similar terms) one of our applications through a social network, or other third party platform or service.

2.1.9 Custom content

Magma Code works with third party Unity Ads (“Unity”) as its marketing partnersto bring you more useful and interesting advertising content on our Services and on third party sites and services. If you want to prevent the sharing of your personal information and data, please follow the instructions for Unity’s opt-out policy at the link provided here https://unity3d.com/legal/privacy-policy under the section "Do I have any choices regarding the data collection described above if I do not wish to see personalized ads?"


As explained above in the cookies section, we may share some information via cookies and other technologies. To learn more about our trusted marketing partners or opt-out of this sharing, please consult https://sites.google.com/view/playgrammarninja/cookie-policy.

. 

2.2 Whenever you play Magma Code games

2.2.1 Registering when activating a Magma Code game

If you play Magma Code games on a third-party console, your ID for this console will be disclosed to Magma Code, in order to let Magma Code create your Magma Code Account. You must have a Magma Code Account in order to access certain online features. From your console, Magma Code receives your username and your password, your e-mail address, your date of birth, and your country of residence.

2.2.2 Creation of user generated content

Some Services give you access to tools in order to allow you to create and/or share unique content. This User-Generated Content may be collected by Magma Code; this content may also contain your personal information or the personal information of others (for instance, your name, or a picture of you). Please exercise caution: Magma Code is not liable for any negative consequences linked to your disclosure of User-generated content.

2.2.3 In-game data collection

Whenever you use the Services, Magma Code may collect, store and process your in-game data, including but not limited to: your game scores, game metrics, achievements, rankings, time played and statistics, feature usage, advertising conversion rates, monetization rate, purchase history and other similar information. Magma Code will use this information to improve the Services, to personalize them to your interests, and otherwise upgrade your gaming experience. Any information collected by Magma Code in accordance with Article 1 of this Privacy Policy may also be used in an aggregated form to identify specific patterns regarding the use of our Services.

2.3 Online payment

For some Services, you may make purchases, whether you shop on Magma Code websites or directly in-game. When you do this, you agree that Magma Code may share your personal data with third parties, companies, or organizations, which may collect and process your personal data in order to effectuate online credit card transactions, delivery, discounts, and promotional gifts. To make a purchase on Magma Code store and process your online payment, you may be asked to provide the following information to a payment provider: your first name, your family name, your address, your e-mail address, your country of residence and your banking details, i.e. your credit card number, the name of the credit card owner, the expiration date and security code. This information may be stored in Magma Code’s premises, or, when relevant, in the third parties’ premises. Such storage is necessary to allow Magma Code to manage internal accounts, checking, accounting, compliance, and for legal purposes, in accordance with Article 3 of this Privacy Policy. You may be asked to give your telecommunications provider’s name, your cell phone model, and a valid phone number in order to provide you with purchasing instructions directly via your cell phone. For the payment of your in-game purchases, you may find supplementary information in our Terms of Sale, accessible at https://sites.google.com/view/playgrammarninja/terms-and-conditions

3. HOW DOES MAGMA CODE USE MY PERSONAL DATA?

The information you submit to our Services is collected and used by Magma Code as set out in this Privacy Policy. In addition, Magma Code may use the submitted information to answer your demands, to send your order confirmations and other information regarding your Magma Code Account, to send you advertising or promotional materials, including information about special rebates, promotional offers and other events of interest, based on your preferences. We also use your personal information for our internal marketing and demographic studies, so we can constantly improve the Services we provide you and to better meet your needs.

Magma Code may have to duplicate some of your personal data within its databases for technical reasons, or for any other reason indicated in this Privacy Policy. Magma Code may use your IP address and Console ID to enforce the Magma Code Terms of Use and Terms of Sale. In case of misuse of the Services by any User, Magma Code reserves the right to block such User’s Magma Code Account, IP address or console ID, as provided by licensed console manufacturers. Magma Code may use your date of birth or your age to control access to its forums and live chats, in accordance with the relevant laws. Magma Code does not monitor all chat communications on its services. However, Magma Code reserves the right, at its sole discretion and without notice, to modify or delete any communications on its service. Magma Code may use all data collected in the forums and chat logs to enforce its Terms, to carry out its legal obligations, and to protect its rights and the rights and safety of its affiliated companies, users, and employees. Your information may be disclosed to any relevant judiciary or administrative entity, in accordance with the relevant legal provisions.

3.1 Legal basis for your personal data collection and processing

Magma Code processes your personal data, wherever necessary:

- To provide you with the Services (creation of your Magma Code account, bug detection, fighting fraud, online payment, etc.)

- To offer the best possible experience to users and improve the Services (in-game data analytics, etc). It is in Magma Code’s legitimate interest to process your data for these purposes.

- To provide you with supplementary services (custom content, etc.). In such case, Magma Code will ask for your consent before processing your personal data for this purpose.

3.2 Security

We take your privacy and the security of your personal information very seriously. To protect your personal information, Magma Code maintains appropriate safeguards to ensure the security, integrity and privacy of the information you have provided. We use robust security measures to protect personal information from loss, misuse and alteration. We use industry-standard practices such as encrypted communications, physically secured rooms, firewalls and password protection systems to safeguard the confidentiality of your personal information. In addition, we take reasonable steps to assure that third parties who collect personal information on our behalf provide sufficient protection of personal information, in addition to requiring their compliance with this Privacy Policy at all times. Please note, we will notify Users of a data breach pursuant to applicable law.

However, please note that no existing data transmission method on the web, or electronic storage, can guarantee the absolute security of your personal data. If your Magma Code accounts and personal data are protected by a password, you are responsible for ensuring this password’s confidentiality. Please do not disclose this password. If you share a computer with other people, please consider disconnecting from your accounts before allowing others to use your computer. Services may contain links leading to third party websites, such as but not limited to social media sites. Whenever you click on a link leading to a third party’s website, you agree to leave Magma Code Services as governed by this Privacy Policy, and you understand and agree that Magma Code does not control such third party’s website. Magma Code cannot guarantee that third parties’ websites will be governed by the same security and confidentiality obligations. Magma Code is not liable for the use of your personal data by these third parties. Please consider checking privacy policies of any service provider you transfer your personal data to.

DESPITE OUR REASONABLE EFFORTS TO KEEP YOUR PERSONAL INFORMATION SECURE, NO COMPANY CAN GUARANTEE THE SECURITY AND PRIVACY OF ITS SERVICES, INFORMATION AND OTHER DATA. OUR PRIVACY POLICIES AND PROCEDURES ARE "AS IS" AND MAGMA CODE MAKES NO REPRESENTATIONS AS TO THE FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY.

4. FOR HOW LONG DOES MAGMA CODE KEEP MY PERSONAL DATA?

Unless relevant legal provisions mandate a different data retention period, Magma Code will store your personal data only as long as necessary to process it according to this Privacy Policy. For instance, we may retain certain information after you close your account for a period of time needed to protect Magma Code from legal claims. In this case, we will archive your personal data during the relevant statutory period of limitations.

5. WITH WHOM DOES MAGMA CODE SHARE MY PERSONAL INFORMATION?

Magma Code does not disclose your personal data to any third party without your prior consent.

5.1 Sharing your personal data with Magma Code affiliated companies

Magma Code may share your personal information among the Magma Code group of companies. To the extent that our corporate affiliates and/or technical partners have access to your information, they will follow practices that are at least as restrictive as the practices described in this Privacy Policy.

5.2 Sharing your personal data with third parties

While browsing on Magma Code websites, or while using Magma Code Services, external providers may collect your personal data for and on behalf of Magma Code, and Magma Code may share some of your personal data with these partners to allow the functioning of the Services. For example, these third parties may help deliver your purchases, provide discounts or offer products, promote the Services, perform electronic payment processing, and any other service that may be required by Magma Code. External providers must comply with this Privacy Policy when collecting your personal data. These external providers will share your personal data with no one other than Magma Code, and they may not use your data for their own independent marketing purposes, unless you consent to their privacy policy and terms directly,.

5.3 Sharing your personal data with government authorities

In accordance with relevant laws, Magma Code may have to disclose your personal data to a judiciary or administrative entity, whenever such disclosure is deemed necessary for protecting, challenging or enforcing the legal rights of Magma Code, its Users, or third parties. Unless required by law, Magma Code will not be required to notify you of any such disclosure.

5.4 Sharing your personal data in case of mergers

In the unlikely event Magma Code’s business activities or shares are transferred partly or totally to any third party, such third parties may access your personal data. In this case, Magma Code may also allow your personal data to be transferred to the acquiring third party.

5.5 Transfers of personal data to countries outside of the US

Please be aware that your personal information may be transferred to, stored in, and processed by affiliated companies, subcontractors and/or Magma Code partners, located in countries outside of the US such as, but not limited to, Mexico, Canada and China. A list of Magma Code affiliated companies is available at https://sites.google.com/view/playgrammarninja/privacy-policy-data-partners.  Some personal data recipients are located in countries that are not considered as ensuring an adequate protection level according to the EU Commission. In such case, Magma Code uses the strict framework of the EU Commission’s approved standard contractual clauses, which are available on the EU Commission website (https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_fr/), or by request at info@magmacodellc.com  

5.6 Business Information

For practical reasons, we treat Personal Information submitted to us in a business capacity different from information we receive in a non-business capacity. Personal Information submitted to us in a business capacity (e.g. resumes) may be shared with third parties as described at the time of collection.

6. DOES MAGMA CODE MAKE MY PERSONAL INFORMATION PUBLIC? WHO CAN SEE MY PERSONAL INFORMATION?

Magma Code Services may offer a public profile feature ("Public Profile") that allows you to publish information, including personal information, to the public Internet. Other than as stated on the applicable Public Profile site, the information you upload or input to your Public Profile will default to the privacy level you choose at sign-in, and you can choose to change the privacy settings at any time. By default, certain aspects of the Public Profile are set to "public". Those aspects of the Public Profile that are designated as "public" will be visible to everyone, potentially including people not registered within the Magma Code environment, and may be indexed and displayed through public search engines when someone searches for you. If you post your personal information to a Public Profile, including a video, image or photo, you should be aware that these may be viewed, collected, copied and/or used by other users without your consent.

We are not responsible for disclosure by other users of your Personal Information, including without limitation, videos, images or photos that you choose to make public on the Magma Code Services. Also, please remember that the Personal Information you provide to us as part of your Public Profile may reveal or allow others to identify aspects of your life that you may not choose to state on your Public Profile directly (for example, your picture may reveal your gender). Certain Services may feature a friend finder tool. By using our friend finder tools, you acknowledge that these tools will help you find your contacts, and will also allow your contacts to associate your Magma Code Account, other Magma Code accounts (if any), and related gaming entitlements, including games played on PC, mobile and console platforms with your social networking profile and/or email address. Your resulting friends' list, which may be accessible across Magma Code’s sites, will be subject to this Privacy Policy. Note that the friends that you choose to include on your friend list may be able to find and/or identify you in the context of different Magma Code products and Services, and may see the profiles and information you have made visible to them or to everyone. Similarly, Magma Code may also collect or receive information about you from other Magma Code users who choose to upload their emails and other contacts. This information will be stored by us and used primarily to help you and your friends connect.

7. MINORS

Unless stated specifically to the contrary in a given Service, our Services are not intended for children, and Magma Code will not request any Personal Information from children. For games that are not directed at children but nonetheless likely to appeal to younger players, we take additional steps to limit access to these Services on age grounds, and limit data collection for underage players to only what is necessary to support the internal operations of the Service.

In certain jurisdictions, for we may allow a child to register for specific Services with parental approval. In these circumstances, we will take additional steps to protect the child’s privacy, by notifying the parent about our information practices with regard to children, and asking for consent before processing their child’s personal information. Parents may delete their child's account, change their child's privacy settings, or access and modify their child’s personal data at any time by contacting customer support at support.ubi.com.

In all cases, use of the Services by Children must take place under the responsibility of their parents or legal guardians and any use of the Services is assumed to have been validated by them. AS FAR AS IS PERMITTED BY APPLICABLE LEGISLATION, MAGMA CODE DECLINES ANY RESPONSIBILITY REGARDING ANY ACTIVITIES WHICH MAY BE CONDUCTED BY CHILDREN WITHOUT THE PERMISSION OF THEIR PARENTS OR LEGAL GUARDIANS.

IF YOU ARE A PARENT OR LEGAL GUARDIAN AND YOU GIVE YOUR PERMISSION FOR YOUR CHILD TO REGISTER FOR ONE OR OTHER OF THE SERVICES, YOU THEREBY AGREE TO THE TERMS RELATING TO USE OF THE SERVICES BY YOUR CHILD.

8. WHAT ARE MY RIGHTS?

You can access and update the contact information you gave us during registration (that is, your e-mail address or any other information that would directly enable us to contact you), by logging in and clicking the Edit Profile section. Additionally, You have a right to access, rectify, erase, object, or restrict processing for all your personal data processed by Magma Code, as well as the right of data portability. You can exercise these rights or terminate your Magma Code account by writing to Magma Code customer support, via the following website : https://sites.google.com/view/playgrammarninja/submit-feedback.

Magma Code will answer your request within a month following the receipt of your demand. Magma Code reserves the right to extend this delay up to three months if it necessary regarding the complexity of your demand, or based on the number of demands we receive. In such case, we will inform you of this extension within a month following the receipt of your demand. For any data processing activity requiring your consent (cookies, behavioral advertising…etc), you may withdraw your consent at any time. This withdrawal does not affect the lawfulness of any previous processing. You may also address any complaint to the national supervisory authority of your country.

Do not Track: Magma Code does not currently respond to Do Not Track (DNT) settings in your browser.

Your California Privacy Rights: The following applies solely to California residents who have an established business relationship with Magma Code. If we collect Personal Information from you, we may make the Personal Information available to third parties for their marketing and promotional purposes with your consent. If you decide that you do not want us to share Personal Information from your Magma Code account with these companies for their marketing and promotional purposes, please send an e-mail to info@magmacodellc.com.  In this email, state that you would like Magma Code to not share your Personal Information with third parties for their marketing purposes. Your opt-out request will be processed within thirty (30) days of the date of which we receive it.

Users under 18. If you are under 18 (eighteen) years old and desire that your information you have posted to a Magma Code public facing site be removed from such site, please contact us at  https://sites.google.com/view/playgrammarninja/submit-feedback

or at info@magmacodellc.com.  You may be required to provide additional information in order for us to verify your request. Please note, if information is deleted from our commercial databases and/or view by members of the public, Magma Code may still retain your information in our files, to resolve disputes, enforce our Terms of Use or other User agreements, and due to technical and legal requirements and constraints related to the security, integrity and operation of our Services. Your request will be processed within thirty (30) days of the date of which we receive it.

9. PRIVACY POLICY CHANGES

Magma Code reserves the right to modify this Privacy Policy at any time. As a result, please consider checking this Privacy Policy from time to time. Your use of the Services after Magma Code changed this Privacy Policy shall signify that you agree with these changes. If you do not accept changes made to this Privacy Policy, please refrain from using the Services.

10. CONTACTS

For any question related to your personal data processing and this Privacy Policy, please contact Magma Code data protection officer at the following address: info@magmacodellc.com.  

You can also write us at the address below:

Magma Code, Inc. Attn: Privacy Rights Administrator c/o Legal Department
6034 Vineland Ave., Suite 2037, North Hollywood, CA 91606.

Please be assured that any Personal Information that you provide in communications to the above email and postal mail addresses will not be used to send you promotional materials, unless you request it.

Magma Code is a licensee of the ESRB's Privacy Certified Program. If you believe that we have not responded to your inquiry or your inquiry has not been satisfactorily addressed, please contact ESRB by email at: info@magmacodellc.com, or by mail at the address below:

ESRB

Attn: VP, Privacy Certified Program

6034 Vineland Ave., Suite 2037

North Hollywood, CA 91606