WINCHA APPLICATION

PRIVACY POLICY

Effective Date: November 2023

BANDAI NAMCO Amusement Europe Ltd. (“BNAE”) respects the privacy of users of its applications and has adopted the following privacy policy in furtherance of that commitment (the “Application Privacy Policy”).

This document applies to you if you sign up and register onto the Wincha application (the “Wincha Application”) from a device. In this policy where it clearly states “we”, “our” or “us”, that means the company BANDAI NAMCO Amusement Europe Ltd. (“BNAE”)

As described below, this Application Privacy Policy applies to each operated device application where it is displayed or referenced from us (such as through an embedded hyperlink) (each, a “Application”), including with respect to the data collected from or provided by any user, or any user device, that accesses the Application. Data collected through other BANDAI NAMCO Amusement products or services may be subject to a different privacy policy, which can be accessed through such product or service.

For the purposes of this Application, BNAE is the controller of your Personal Data, and this Application Privacy Policy is given on BNAE’s behalf.

Any questions, comments, or concerns regarding this Application Privacy Policy or our privacy practices, can be sent to [email protected] 

You have the right to lodge a complaint with us if you believe that your Personal Data is not being processed in line with this Application Privacy Policy.

If you are not satisfied with the response, you have the right to lodge a complaint with the Information Commissioner’s Office. Find out on their website how to report a concern at https://ico.org.uk/make-a-complaint/

TABLE OF CONTENTS

  • Q1: Why Do We Have This Application Privacy Policy?
  • Q2: How Does the Application Collect Information From Users And User Devices?
  • Q3: What Information Is Covered By This Application Privacy Policy?
  • Q4: What Information Is NOT Covered By This Application Privacy Policy?
  • Q5: How Do We Use Information Covered By This Application Privacy Policy?
  • Q6: Where Do We Store Personal Data Covered By This Application Privacy Policy?
  • Q7: With Whom Do We Share Information Covered By This Application Privacy Policy?
  • Q8: Do Third Parties Collect Information Through the Application?
  • Q9: What Security Measures Do We Take To Safeguard Users’ Personal Data?
  • Q10: Rights Do Users Have With Regard To The Data Provided To Or Collected By Us
  • Q11: How Can Users Ask Questions, Or Send Comments To Us About This Application Privacy Policy?
  • Q12: How Will Users Know If We Change This Application Privacy Policy?
  • Q13: Do We Collect Information From Or About Children?
  • Q14: Do We Carry out Direct Marketing?
  • Q15: What is a Cookie?

Q1: Why Do We Have This Application Privacy Policy?

A1: Our mission is to inspire people around the world, to help them enjoy their time to the fullest, and to create “more fun for everyone.” Allowing users to have confidence in our privacy practices is essential to our aspirations and success. To demonstrate our concern for user privacy, we have developed this Application Privacy Policy, which tells users – in simple, plain language – how we collect, store, use and disclose user data.

Q2: How Does the Application Collect Information From Users And User Devices?

A2: The Application automatically collects information from and about a user and/or a user device accessing the Application, including through certain third-party services incorporated in the Application (as identified in the Addendum to this Application Privacy Policy), as follows:

i) Analytics Software: Certain third-party analytics services may be incorporated into the Application that automatically collect from a user device various types of Non-Personal Data, together with one or more Device/Network IDs (as defined in Section A3, below). Except as described in this Application Privacy Policy, any third-party analytics service incorporated in the Application will not automatically collect any Personal Data from a user or user device. If a user accesses the Application while offline, such information may be stored on such user device and transmitted to us, or to such third-party analytics service providers, when that device connects to the Internet. Please note: Once collected from a user device, any Non-Personal Data may be stored with a Device/Network ID and may be used to identify the corresponding user device or its user’s online activity until such Device/Network ID is reset. Please see the instructions in Section A10, below, about resetting such Device/Network IDs.

ii) Device Features: The Application may request that the user grant permission to access various device features (e.g., the user devices camera, microphone, etc.), other applications or services on the user device (e.g., social media applications, etc.), or other information stored locally on the user device (e.g., photos, local storage, etc.). In some cases, particular features of the Application may not be accessible or may not function properly unless given access to such features, applications, or information. If a user prefers not to grant such permission to the Application, the user may not be able to enjoy certain features of that Application, or access that Application at all. Please note: Granting requested permissions to the Application may allow it to repeatedly and automatically access the requested features, applications, or information. Please see the instructions in Section A10, below, about withdrawing permissions granted to an Application.

iii) Tracking Technologies: Downloading, installing, or accessing the Application and other applications and websites on a user device may install or place various tracking technologies on such user device (including cookies, web beacons, pixel tags, log files, etc.). These tracking technologies may assist users in navigating or progressing through the Application, record user’s setting and selections and logging user progress within the Application and enable users to provide feedback or request customer support from us. These cookies are necessary for the Application to function and cannot be switched off in our systems.

Q3: What Information Is Covered By This Application Privacy Policy?

A3: This Application Privacy Policy covers all information that a user voluntarily discloses to us or that we automatically collect from a user device, through use of the Application, as described below:

a) Personal Data: In general, “personally-identifiable information” (or “Personal Data”) may include information that would reasonably allow someone to individually identify, locate, or contact a user, and may include a user’s real name, username, mailing address, e-mail address, phone number, and credit card information, among other things. Personal Data collected under this Privacy Policy will be collected, stored, used, and disclosed, only as set forth herein and in compliance with applicable laws and regulations. We generally avoid collecting, or allowing any third-party service provider to collect, any Personal Data from users through our Applications, except as described herein:

  • Device/Network Identifiers: The Application may incorporate third party services that allow us and/or third-party service providers to automatically collect unique device and/or network identifiers from the user device, which may include resettable device and/network identifiers (e.g., IP address, Apple’s IDFA and/or IDFV, Google’s AAID, etc.), as well as non-resettable device identifiers (e.g., UDID, IMEI, MAC Address, etc.) (collectively, “Device/Network IDs”). To the extent required by applicable law, we treat any Device/Network ID collected from a user as Personal Data. We may use Device/Network IDs to fulfill any of the purposes described in Section A5 of this Application Privacy Policy. We will only share Device/Network IDs with the third-party service providers listed in the Addendum displayed at the end of this Application Privacy Policy.

b) Non-Personal Data: In general, non-personally identifiable information (or “Non- Personal Data”) includes information that, by itself, does not reasonably allow anyone to individually identify, locate, or contact a particular user. The Application may automatically collect, or ask users to provide the following types of Non-Personal Data, all of which may be used in connection with any of the purposes described in Section A5 of this Application Privacy Policy and may be shared with third parties, including our third-party service providers:

  • Demographic Information: The Application requires a user to disclose his or her age or date of birth. This data is used by us to confirm such user meets the minimum age requirements applicable to the Application the user is attempting to access. The Application may also ask a user to disclose, or may automatically detect the country, state, province, or region in which such user device is located while accessing the Application. This data is used for us to comply with applicable legal obligations, and to optimize services supporting the Application on the user device.
  • User Activity Records: The Application may automatically create records about user activities within the Application, such as when certain legal terms were presented to and accepted by a user and may collect information about: (i) the user’s use, performance, and progress through the Application; (ii) the occurrence of an error or failure of the Application on the user device; and (iii) system, network, and peripheral hardware interactions.
  • User Device Information: The Application may automatically collect data about the device(s) through which a user accesses the Application, which may include: (i) the device’s operating system (e.g., Android, iOS, etc.) and version (ii) browser type (e.g. Safari, Chrome, etc.) and version; (iii) network connection type (e.g., cellular or Wi-Fi); (iv) the name of the user’s network or network service provider; (v) the title and version of the Application accessed by the user; and (vi) other similar device data. This data is used to optimize the performance of the Application on the user device

Q4: What Information Is NOT Covered By This Application Privacy Policy?
A4: The following information may be collected from a user, by us or by a third-party service incorporated in the Application, but is not covered by this Application Privacy Policy:

Information Collected from a User Directly by a Third Party (And Not by Us): Data collected from a user or a user device by a third-party service provider (as listed in the Addendum to this Application Privacy Policy) may be subject to the privacy policy of such third-party service provider and, unless permitted by such privacy policy, may not be disclosed, or made accessible to us. In the event such third party service provider’s privacy policy allows us to access such data to, such access will be limited by and consistent with such privacy policy. Please note: We cannot prevent a third party from obtaining, collecting, or storing publicly available information relating to users of the Application or any third-party products or services (e.g., online profiles, social media, etc.).

Addendum below. Please note: Linking this information with our Online Services account does not allow us to access other information in a user’s third-party social media account, or post or publish information through such third-party social media platforms, on such user’s behalf.

Information Collected or Received by Us Outside of the Application: Information collected or received by us, other than as described in Section A2 above, will not be subject to this Application Privacy Policy, including the following:

  •  Information collected through certain products or services, other than this Application by us, may be subject to a different product- or service-specific privacy policy which can be accessed through such product or service.
  • Information a user chooses to share in an open forum or format or in any other context after such user has been notified that such information will be made accessible to third parties (e.g., other Application users), or members of the public (e.g., on a social media platform, user-generated content, etc.);
  •  Information contained in materials a user shares with us for a business purpose, other than use of the Application (e.g., business inquiries or proposals, etc.); and
  •  Information collected by us through any means other than through the Application governed by this Application Privacy Policy (e.g., information collected in paper form, etc.).

Q5: How Do We Use Information Covered By This Application Privacy Policy?
A5: We may use the information covered by this Application Privacy Policy to fulfill the following purposes:

Purpose Lawful basis Legitimate interest (if applicable)
To provide users with the Wincha Application and the Online Services provided through the Application
Performance of our contract with users
To deliver, support, enhance, and personalize the Application by monitoring users’ usage, performance, and progress with the Application
Legitimate interest
Ensuring that we deliver the Application to Users in the most effective way.
To deliver closed beta, open beta, or other digital keys to access other products and services we own
Legitimate interest
To develop our Application and the Online Services therein to ensure we provide the best possible service to users.
To establish and maintain a user’s Online Services account
Performance of our contract with users
To authenticate a user’s identity when logging into the Application or the user’s Online Services account
Performance of our contract with users
To deliver to users’ additional content, promotional materials, and other offers that may appeal to users
Consent
Contacting users to promote other products and opportunities that they may be interested in.
To process and respond to user support inquiries and to evaluate and authorize refund requests for purchases of and/or made through the Application
Legitimate interest
To provide users with customer service and assist with any issues they may have.
To send users push notifications such as welcome letters, in-app offers and announcements, purchase confirmations, or other similar transactional or administrative notices
Legitimate interest
To administer and manage the users’ use of the Application and the Online Services provided.
To administer contests, sweepstakes, promotions, surveys, questionnaires, community events, and other Online Services offered through the Application
Legitimate interest
To provide services ancillary to the Online Services in the Application that users may be interested in.
To track and validate the source of a user’s referral to the Application and/or to a product or service offered or advertised through the Application
Consent
To help us understand how users engage with our products and the Online Services.

Q6: Where Do We Store Personal Data Covered By This Application Privacy Policy?

A6: Personal Data covered by this Application Privacy Policy may be stored and processed, for the purposes described herein, in the United States, United Kingdom or any other country in which we or our third-party service providers operate, including through the use of cloud storage.

Q7:  With Whom Do We Share Information Covered By This Application Privacy Policy?

A7:  We may disclose user information (which may include Personal Data, in some cases), to the following types of third parties, for the following purposes:

  • Third Party Service Providers: Certain third-party service providers identified in the Addendum to this Application Privacy Policy. These third-party service providers are required to maintain the confidentiality of any Personal Data disclosed to them and are prohibited from disclosing or using such Personal Data other than to perform specific task(s) for which they have been engaged by us.
  • Our Affiliated Companies: We may share certain information collected under this Application Privacy Policy with our parent company, its affiliates, its subsidiaries, and other related business entities within the BANDAI NAMCO Group (under BANDAI NAMCO Holdings Inc.) (our “Affiliated Companies”) to better understand the needs and interests of the BANDAI NAMCO Group’s customers throughout the world, to improve our products and services based on such needs and interests, and to improve our use of local resources to serve those needs and interests.
  • A Successor or Acquiring Third Party: If we or any of our Affiliated Companies are acquired by a third party (in whole or in part), merged with a third party, or experiences a reorganization, bankruptcy, or similar event, or in the event we convey to a third party its right to offer, publish, or distribute the Application, information collected by us under this Application Privacy Policy may be shared with such third party, subject to the notification procedures set forth in Section A12, below.
  • A Court, Government Agency, or Litigant: We may share certain information collected under this Application Privacy Policy with a court, government agency, or litigant only as permitted or required by law, or when we believe in good faith that doing so is

necessary: (i) to protect the safety or security of us, our Affiliated Companies, employees, contractors, users, or the property of any of the foregoing; or (ii) to enforce our end user license agreement, terms of service, or its community event rules.

Personal Data will sometimes be transferred to Third Party Service Providers located outside of the UK or the EEA, to facilitate provision of the Online Services. For example, this could happen if any of our Third Party Service Providers that host Personal Data on our behalf are located in a country outside of the UK or the EEA, such as in the USA. Different countries have different data protection and security laws and some of these do not offer the same level of protection as users enjoy under applicable UK and EU data protection laws.

When carrying out such transfers, we explicitly require that any Third Party Service Provider that uses user Personal Data on our behalf implement adequate safeguards to protect that Personal Data, in accordance with the applicable UK and EU data protection laws and any other applicable laws. For example, we may put contracts in place (which are approved by the UK Secretary of State and European Commission and are known as “standard contractual clauses”) with those Third Party Service Providers, or alternatively will ensure they have signed up to, and comply with, any other approved mechanisms that may become available to us in the future.  We will also carry out an appropriate risk assessment of the laws and practices of the destination country to identify any technical and organisational measures that need to be put in place to ensure that user Personal Data is fully protected when in that country. 

Q8: Do Third Parties Collect Information Through Our Application?

A8: We may enable the types of third-party service providers, described below, to directly collect from Application users’ information that is not shared with us, but is collected, stored, and processed subject to the privacy policies of such third parties. Because such third-party privacy policies may contain restrictions or allow uses that differ from those described in this Application Privacy Policy, we are unable to make any promises or guarantees regarding the use or security of information collected directly by such third parties and recommends that users review such third parties’ privacy policies before sharing such information. For that reason, the Application will not allow any such third-party service providers to collect such information directly, without the user’s prior consent:

  • Payment Processing Services: All payments made for accessing the Application and/or virtual items within the Applications are processed by a third-party service provider (as identified in the Addendum to this Application Privacy Policy), subject to such third-party service provider’s applicable privacy policies. Except as otherwise set forth in such privacy policies, information a user shares with such third-party service provider will not be disclosed to us, except for certain Non-Personal Data and/or a unique “tokenized” identifier, which we use to confirm the completion of such purchase and ensure that purchased virtual items are properly associated with such user’s Online Services account.
  • Native OS Services: The Application may also enable the platform operator (as identified in the Addendum to this Application Privacy Policy) to collect certain information from a user through services native to the user’s device’s operating system, subject to such platform operator’s applicable privacy policies.

Q9: What Security Measures Do We Take To Safeguard Users’ Personal Data?

A9: The security of user Personal Data is important to us. We generally follow accepted
standards to protect the Personal Data collected from users of the Application, both during transmission and after it is received. In addition, we endeavor to ensure that user Personal Data is stored only for as long as necessary to fulfill the purpose(s) for which such information was collected, as described herein, or in line with requirements imposed on us by applicable laws and regulatory requirements. Personal Data is deleted from our records once such purpose(s) have been fulfilled.

Q10: What Rights Do Users Have With Regard To The Data Provided To Or Collected By Us?

A10: Data Protection law provides users with a number of rights in relation to how we can use the Personal Data that has been provided to or collected by us.

  • Accessing Personal Data: Upon request we will provide users with information about whether we hold any of your Personal Data. Users have the right to obtain a copy of all Personal Data we hold relating to them.
  • Updating Personal Data: Users of the Application can update Personal Data they’ve shared with us by logging into such user account (for example, these areas may be labeled as “My Account,” “Edit Profile,” “Settings,” or other similar names). We may also offer each user the ability to access certain Non-Personal Data associated with their user account.
  • Data Portability: Users also have the right to receive their Personal Data from us in a format that can be easily re-used. Users may also ask us to pass on their Personal Data in this format to other organisations if this is technically feasible.
  • Erasure: Users may request the deletion or removal of their Personal Data that we hold where there is no compelling reason for its continued processing by us.
  • Objecting to Processing: Users have the right to object to the processing of their Personal Data by us where the processing is based on our legitimate interests, is processed for direct marketing purposes (including profiling) or for the purposes of statistics.
  • Opting Out from Push Notifications: We may send users push notifications through the Application. Users that no longer wish to receive these types of notifications may opt-out at any time by turning them off within the “Settings” menu on their devices.
  • Resetting Mobile Advertising Device Identifiers: Please follow these instructions to reset the mobile advertising device identifier on a user device:
  • For iOS users: Open the “Settings” app. Select the “Privacy” category. Tap the “Advertising” option at the bottom of the screen. Activate the “Limit Ad Tracking” option to disable interest-based ads or tap “Reset Advertising Identifier” to continue seeing interest-based ads in the future but wipe the existing profile. To disable location-based ads open the “Settings” screen, select the “Privacy” category, and tap “Location Services.” Tap the “System Services” option at the bottom of the list and disable “Location-based iAds.”
  • For Android users: Open the “Google Settings” app. Under Services, tap “Ads,” and enable the “Opt out of interest-based ads” option. A user can also reset his or her device’s advertising identifier from that menu by tapping “Reset advertising ID.”

Users of the Application that are unable to access or update their Personal Data or wish to exercise any of their rights can request that we update or provide them with access to such data by emailing us at: [email protected] We will respond to all requests received within a reasonable timeframe and, in any event, within 30 days of receiving such a request.

Q11: How Can Users Ask Questions, Or Send Us Comments About This Application Privacy Policy?

A11: If users have questions or wish to send us comments about this Application Privacy Policy, please e-mail or contact us  at: [email protected]  

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

Q12: How Will Users Know If We Change This Application Privacy Policy?

A12: We may amend this Application Privacy Policy at any time. If we make any material changes in how we collect, use, or share Personal Data, we will prominently post notice of the changes within the Application or contact users by email (at the email address, if any, associated with such users’ Online Service accounts) prior to the change becoming effective. Any material changes to this Application Privacy Policy will be effective 30 days after we post such changes within the Application or 14 days after advance notice, if sent by email. Please note: It is each user’s responsibility to keep their Wincha account information (including their email address) current and accurate, and to notify us if such email account ever changes or is terminated. We assume no responsibility for misdirected messages (i.e., messages sent to an unmonitored or deactivated email account). Misdirected messages could reveal user Personal Data to unintended third parties. 

Q13: Do We Collect Information From Or About Children?

A13: In order to comply with laws protecting children’s online privacy, We do not knowingly collect Personal Data from children under 16 through its Applications. We take children’s privacy seriously and encourage parents to always play an active role in their child’s online experience. Children under the age of 16 should not use our Application at any time. In the event we learn that we have inadvertently collected Personal Data from a child under the age of 16 through an Application, we will take reasonable steps to promptly erase such information from our records.

Q14: Do We Carry Out Any Direct Marketing?

A14: We wish to send users marketing communications for products and services of BNAE that may be relevant to you. We may also need to send users communications that are not direct marketing communications (service communications) from time to time.

We will contact users with marketing messages where they have consented to them.

There may be circumstances when we can lawfully send marketing messages without a user’s express consent, for example, where they have purchased products and services from us, and it is in our legitimate interests to get in touch with them about similar products and services. This means we may send marketing messages by different mediums to users, including those who have shown an interest in our products or services, for example, by clicking on an advertisement for one of our products. Users have a right to object to these marketing messages and may change their preferences at any time either in the App or by contacting us.

Any marketing communication we send by email will contain an ‘unsubscribe’ button to allow users to easily and quickly object to any future marketing.

Q15: What is a Cookie?

A15: A cookie is a small file that can be placed on your device. It is sent to your browser and stored on your computer’s hard drive, tablet or mobile device. When you visit our sites or apps it can allow us to recognise and remember you.

We and our partners process your personal data to serve personalised advertising, measure activity on the site and deliver personalised features and content to you. You have a choice in who uses your data and for what purposes before entering onto our sites.

Addendum to Privacy Policy

Third Party Service Providers accessing specified categories of Personal Data under the above Privacy Policy:

  • Device/Network ID from all users: Amazon Web Services, Inc., Appsflyer Ltd. – https://www.appsflyer.com/privacy-policy/
  • Device/Network ID only from users 16 years old or older and located outside the European Economic Area: Google LLC and its affiliates

Third Party Service Providers collecting information, subject to such Third Party Service Provider’s own privacy policy:

  • For iOS Users 16 years old or older and located outside the European Economic Area: The Application enables Apple, Inc. and its affiliates (collectively, the “platform operator” for iOS Applications), to collect information from iOS users and iOS user devices, subject to Apple’s Privacy Policy (available at: https://www.apple.com/legal/privacy/) as applicable to the following Apple-operated, native iOS services: Game Center, Apple Media Services (including in-app purchases through iTunes)
  • For Google Play Users 16 years old or older and located outside the European Economic Area: The Mobile Application enables Google, LLC and its affiliates (collectively, the “platform operator” for Android OS Mobile Applications downloaded from the Google Play Store) to collect information from Android users and Android user devices, subject to Google’s Privacy Policies (available at:  https://www.google.com/policies/privacy ) as applicable to the following Google-operated, native Android OS services: Google Play Services, Google Payment