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
2. GENERAL INFORMATION IN BRIEF
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 computer and mobile games including, but not limited to, "DCS World", additional modules, campaigns and terrains (the "Games" or individually a "Game"), associated web-sites as digitalcombatsimulator.ch, digitalcombatsimulator.com, dcs-world.com and any other Eagle Dynamics SA or The Fighter Collection sites on which this Policy is posted:Eagle Dynamics SA
Av. de Florimont 3,
The Fighter Collection Ltd
Imperial War Museum,
The Airfield, Cambridge,
CB2 4QR, England
Both entities are referred to as "we", "our" and "us" in this Policy. The term "Services" refers to the act of providing you with the opportunity to use the named games ("Games"), websites ("Sites"), DCS account ("Account"), any of our other products and services (including support services, forums) related to the Games ("Support Services").
3. INFORMATION WE COLLECT
We process personal data only when necessary for the performance of a contract with you. Processing is necessary 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 provide our Services in an effective, safe and harmless manner. We want to provide everyone with a fair and balanced experience when using our Services.2.1. YOUR PREFERENCES2.2. INFORMATION SECURITY
You can choose how we use your Personal Data using our Personal Section on Sites. 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 Personal Section.
For example, through the Personal Section you can:
- withdraw your consent, given in accordance with Article 6(1)(a) of the GDPR. Read more below in Section 4.1 "Communication Purposes";
- access the Personal Data we store about you. Read more below in Section 6.1 "Right of Access";
- have your Account, and the related Personal Data, deleted. Read more below in Section 6.3 "Right to erasure".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.2.3. PROCESSING INFORMATION BY THIRD PARTIESWe 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 5 "How we share your information".2.4. CHILDRENWe 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).2.5. DATA RETENTIONWe 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 Games. We will delete your Personal Data after you request your Account deletion. The process of erasing your Personal Data can take up to one month from the date of your request. Read more in Section 6.3 "Right to erasure".
4. HOW WE USE YOUR INFORMATION
In relation to your use of our Services, we gather information either directly from you (when you provide information to us) during registration or purchasing our Games or indirectly (e.g. through our Site's technology).3.1. INFORMATION WE COLLECT DIRECTLY3.2. INFORMATION WE COLLECT INDIRECTLY
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 login you wish to have.
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 Games Forums and Sites;
- Information sent through the "game-chat" functionality in the Games;
- 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 and tournaments, responding to surveys, e.g. your contact details;
- Information relating to your profiles on social networking sites in order to allow integration with such social networking sites.
We indirectly collect a variety of information through your interaction with and use of our websites. This information may include, but is not limited to, browser and device information, 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 we combine Other Information with Personal Data, we will treat the combined information as Personal Data.3.2.1. Tracking Data and Cookies3.2.2. Game-Related Information, Device Information, Geo-Location
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.
We use the following Google Analytics cookies:
_ga (also known as _rollupGa). The cookie is used to collect information and report website usage statistics. It expires after 2 years.
_gid (also known as _rollupGa_gid). The cookie is used to distinguish users. It expires after 24 hours.
_gat. The cookie is used to throttle request rate. It expires after 1 minute.
_gac_. This cookie contains campaign related information for the user. AdWords website conversion tags will read this cookie in an anonymous form. It expires after 90 days.
_dc_gtm_. This cookie is used to throttle request rate in an anonymous form. It expires after 1 minute.
We use the following Google Optimize cookies, which are used to determine your inclusion in an experiment (e.g. an A/B test on button colours our users prefer, which we use for UX improvement of our interfaces) and the expiry of experiments a user has been included in.
__utmx. It expires after 18 months.
__utmxx. It expires after 18 months.
_gaexp. It typically expires after 90 days.
You can prevent Google's collection and use of data (cookies and IP address) by downloading and installing the browser plug-in available under https://tools.google.com/dlpage/gaoptout. Further information can be found under http://www.google.com/analytics/terms/gb.html (Google Analytics Terms of Service & Privacy). Please note that on our Sites, Google Analytics, Google Optimize and Doubleclick code is supplemented by "gat._anonymizeIp();" to ensure an anonymised collection of IP addresses (so called IP-masking). Also, you can prevent Google Analytics, Google Optimize and Doubleclick to collect such data on behalf of DCS by clicking on the following link: https://tools.google.com/dlpage/gaoptout.
We use the following Yandex.Metrica cookies:
_ym_isad. This cookie helps to check if AdBlock is enabled in user browser. It expires after 24 hours.
_ym_uid. This cookie is used to collect information and report website usage statistics. We use these cookies to improve user experience. The cookies collect information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from and the pages they visited. It expires after 2 years.
_ym_visorc. This cookie enables session replays. These cookie is used for Webvisor feature in Yandex.Metrica reports, which enables "Sessions replays" (https://yandex.com/support/metrica/general/counter-webvisor.html). Yandex ensures that all collected information is depersonalised. The cookie expires after less than 1 day.
We also use some additional Yandex.Metrica cookies with the following expiry terms: sync_cookie_csrf expires after 1 day, i expires after 10 years, yandexuid expires after 10 years, yp expires after 10 years, sync_cookie_ok expires after 2 days.
While you can disable Yandex.Metrica cookies through your browser settings, you can also block collection of any data related to you using this add-on: https://yandex.com/support/metrica/general/opt-out.html.
BX_USER_ID. This cookie is a browser identifier to keep you logged in. It expires after 8 years.
PHPSESSID. It's the default identifier that PHP uses for cookies. It expires after browser window closed.
5. HOW WE SHARE YOUR INFORMATION
We need to process your Personal Data in order to fulfil 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:
4.1. COMMUNICATION PURPOSES
- to provide you with the Services you request;
- 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;
6. LEARN MORE ABOUT YOUR RIGHTS
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 purchases requested by you at our web-sites, and other information you provide to us for the purpose of fulfilling your purchase requests with such companies as Six Payment, PayPal, SagePay, Robokassa;
- 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;
- 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. If your personal information is posted on one of our community forums, please use our Customer Support Service to request its removal. If we may not be able to remove your personal information promptly, we will let you know about the reasons.
- External moderators and testers: some limited data about you (such as your nickname, content of customer 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 Games.
- Anti-cheat and anti-fraud companies: we may share the information required for our detection, investigation and prevention of cheating in the Games and EULA violations only for the purposes of detection, investigation and prevention of cheating in the Game.
- Eagle Dynamics SA and The Fighter Collection Ltd. 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, the Republic of Belarus, Switzerland or any other country in which we, our affiliates or subsidiaries maintain presence.
When your personal data is shared with our affiliates and subsidiaries, as well as third parties outside the European Union or the European Economic Area, we 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 our affiliates and subsidiaries, as well as such third parties.
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. WE CAN CHANGE THIS POLICY
To allow you to exercise your data protection rights in a simple way we have improved the Personal Section. 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.6.1. RIGHT OF ACCESSYou 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 Technical Support request. 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.6.2. RIGHT TO RECTIFICATIONYou 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 Section directly. Please inform us if any of the Personal Data we retain about you is inaccurate.6.3. RIGHT TO ERASURE6.4. RIGHT TO OBJECT
You have the right to obtain deletion by us of Personal Data concerning you by deleting your Account via our "Remove user account" tool available in the Personal Section of Sites.
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 our forums and the possibility to access other services you are using the Account for.
Earlier Personal Data deletion. We store most Personal Data we retain about you until you request deletion of your Account through the Personal Section of the Sites. However, certain Personal Data is deleted even while you have a valid Account. For example, we will delete:
- we are generating the reports for our Services improvement and for 30 (thirty) days after that; technical logs such as records of communication between Services, access logs, errors logs: normally within 30 (thirty) days from 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 retain anonymous information after your Account has been closed. Information you have shared with others (e.g. through in-Games 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.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 defence of legal claims.
You also have the right to lodge a complaint at a supervisory authority.
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.