We recognise that persons who access and/or use (“you” or “Users”) MOCELL online games (“MOCELL Games”) and other related services (collectively, the “Services”) value their privacy.
Any terms not defined herein but defined in the Terms of Service shall have the meaning ascribed thereto in the Terms of Service.
2. Information Collected
(a) User Provided Information
i. Registration Information
You directly provide certain personally identifiable information (such asyour name, personal identification number, postal or e-mail address and telephone numbers) and personal content preferences to us when you register for an Account.
ii. Your Information on Third Party Services and Mobile Devices
In particular, when you access the Services using any mobile device, we may assign to your mobile device an identifier that is similar to an account number. We may collect the name you have associated with your device, device type and other technological information, telephone number, country, contacts and any other information you choose to provide.
iii. Billing and Financial Information
iv. Character Information
The information relating to your character in MOCELL Games (such as your Account ID(whether your Account is established with the MOCELLplatform or with any third party service through which you access the Services), profile picture and character name) may also be disclosed to other Users in connection with your use of the Services. Information related to your character in MOCELL Games may also be made available to your connections or the public on third party services.
We may require access to other additional information from time to time and shall seek your specific permission at such time.
(b) Cookies, Log File, Clear GIFs, Web Beaconsand Other Tracking technologies
When you access our Web Site or use our Services, we may send one or more cookies (which is a small text file) that uniquely identifies your browser. We use these cookies to help learn more about your preferences and therefore make the most of your experience on our Services by providing personalised content and information the next time you visit. Our cookies may be used for holding login information and will expire when all instances of the browser are closed. Some features of our Servicesmay not function properly if the ability to accept cookies is disabled.
Our servers automatically tracks and records certain information in connection with your various activities within or through the Services or otherwise that are sent by your browser, device or computer system when you access the Services. These server logs may include without limitation information such as your web request, Internet Protocol ("IP") address, MAC addresses, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages and the date and time of your request and your game play and activity on the Services and technical information about your device or computer.
Electronic images may be contained within the Services known as web beacons – also referred to as single-pixel gifs – that permit us to count Users who have visited those pages and for other related statistics, e.g. recording the popularity of certain Content and verifying system and server integrity. Web beacons are not used to access your personal information through our Services; they are solely used to compile aggregate statistics concerning the use of our Services. Web beacons collect only a limited set of information including a cookie number, the time and date of a page view, and a description of the page on which the web beacon resides.
3. Uses of Collected Information
(a) If you submit personally identifiable information to us (in particular in completing our registration form to set up an Account or by accessing our Services through your Account with a third party service), you agree to us using your personal information in connection with the operation, maintenance, improvement and/or advertisement of the Servicesand will enable us to identify the Services that are most relevant to your needs. For Users who are not in Hong Kong and in countries where we work with third party agent partners, we may share your information with our agent partners in order to provide local customer service.
(b) Any and all information that you communicate to or share with other Users on, within or through the Services becomes publicly available and can be collected and used by others. Any and all information that you submit or discloseas such may be redistributed through the internet and other media channels, and may be viewed by the general public.
(c) We use both your personally identifiable information and certain non-personally-identifiable information (such asanonymous User usage data, cookies, IP addresses, browser type, clickstream data, transaction history) to improve the quality, use and design of our Services and to create new features, promotions and functionalityby storing, tracking, and analysing User preferences and trends and otherwise for the operation, maintenance, improvement and/or advertisement of the Services or to assist or facilitate any of the foregoing.
(d) By disclosing any information to us or to any other User by reason of or in connection with any Services, you are hereby consenting to the communication of the information by us on or through our Services to any User specified by you, and the storage, retention and retrieval by us of the information in or from any database maintained by us in connection with the operation, maintenance and/or use of the Services.
remember information so that you will not have to re-enter it the next time you access the Services;
provide custom, personalised content and information (such as identifying and suggesting connections with other Users and generate leader and achievement boards);
manage advertising and to advertise more efficiently;
monitor aggregate metrics (such astotal number of visitors, pages viewed and, usage of the Services);
monitor interaction between Users; and
otherwise facilitate or assist in the operation, maintenance, improvement and/or advertisement of the Services.
Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to set your computer to accept cookies, you may also choose to be logged into your Account for access to the Services automatically. If you choose to decline cookies, you may not be able to access certain Services and you may experience technical problems receiving current information from the cookie-disabled Services.
4. Disclosure of Collected Information
(b) We do not sell your personally identifiable information to other third-party companies for their commercial or marketing use without your consent.
(c) We may share non-personally-identifiable information with interested third-parties to assist them in understanding the usage patterns for certain Content, Services, advertisements, promotions, and/or functionality on our Web Site.
(d) We may release personally identifiable information and/or non-personally-identifiable information if required to do so by law, or in the good faith belief that such action is necessary to comply with all and any applicable laws, or where it is pursuant to or we are required to respond to a governmental, regulatory, administrative or court order or directive, a subpoena or a search warrant.
(e) We also reserve the right to disclose personally identifiable information and/or non-personally-identifiable information that we believe, in good faith, is appropriate or necessary to enforce the Agreement, take precautions against liability, to investigate and defend against any third-party claims or allegations, to assist government authorities and enforcement agencies, to protect the security or integrity of the Services, and to protect the rights, property, or personal safety of ourselves, our Users or others.
(f) Any User which receives any information including personally identifiable information, from another User shall not disclose or use such information, save where expressly permitted by that User or save where such information has ceased to be of a confidential nature. In any event, we shall not be liable for any unauthorised disclosure or use by another User or other person of any Content.
5. Communication Facilities
(a) We cannot ensure the security of any of the communication facilities provided by us. We recommend that all Users exercise caution when disclosing any information through our Services. In particular, please note that any personally identifiable information or personally sensitive data that you communicate or disclose to any User in connection with our Services may be collected and used by others.
(b) We may record and store archives ofany communications to monitor interactions between our Users and the use of our Services.
(c) We encourage you to review the privacy policies of websites or other third party services you choose to visit via hyper-links posted on or withinthe Services so that you can understand how these third parties collect, use and share your information. We are not responsible for the privacy policies of any third party whether accessed through our Services or otherwise.
6. User Access to and Control of Information
(a) You can access some of the information that we collect and process about you. For example, you can access information registered under your Account (including name, e-mail, password and communications preferences); e-mail notification settings; and transaction history.
(b) You have the right to refrain from providing any information to us or to another User. You understand that this may, however, have an impact on your use of the Services and on the ease of User interactions (such as engaging in trades with other Users).
(c) Youhereby agree to us communicating with you via email and any similar technology for any purposes relating to the Services, the Web Site, and any other services or software which may in the future be provided by us or on our behalf.
(d) Occasionally, we will send out e-mails concerning website disruptions, new features and other news about or in connection with our Services including without limitation notifications about in-game activity. These e-mails are sent to all Account holders and are not subscription-based. Such e-mails are considered a part of our Services to Users. You should therefore update us whenever your email-address has changed. You may do so by accessing your Account with the MOCELL platform and updating the notification e-mail address under your Account settings page with the MOCELL platform or submitting the request at service.mocellgame.com.
(f) If you are given access to any other User’s information, you must not collect or harvest any of these information, nor use the communication facilities or any part of our Services for any commercial solicitation purposes.
(g) If you do not agree to the collection, use and disclosure of information as set out herein, you maysubmityour request at service.MOCELL.com for the termination of your Account and/or access of the Services through your Account. However, please note that this does not delete information you have disclosed to any other User, and some of your information might possibly be retained in our archived records after your Account has been deleted and/or you have ceased accessing the Services.
7. Third-party Advertisers
(a) We may allow third-party ad servers or ad networks to publish advertisements on or within our Services. These third-party ad servers or ad networks may use technology to send, directly to your browser, the advertisements and links that appear on or within our Services. They may thereby collect information including but without limitation via cookies or clear GIFS to measure the effectiveness of their advertisements and to personalise the advertising content you see.
(b) You should therefore always consult the respective privacy policies of these third-party ad servers or ad networks for more information on their practices and for instructions on how to opt-out of certain practices.
8. Data Security
(a) We use commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you discloseon, through or within the Services and you do so entirely at your own risk. Please note that we cannot guarantee that such informationmay not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
(b) If we learn of a security systems breach, we may attempt to notify you electronically so that you can take appropriate protective steps. We may post a notice on the WebSite if a security breach occurs.
(c) If you create an Account with the MOCELL Platform, you will be required to select a password that can be changed at any time after you first log into the Account by using your current password. You are solely responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your Account and password or your account with any other third party service. You agree to (i) notify us immediately if you are aware or reasonably suspect of any unauthorised use of your Account or password or of any unauthorised access of the Services through your Account, and (ii) ensure that you exit from your Account at the end of each session.
9. Our Policies Concerning Children
Accounts are established by persons who are at least 18 years of age. Further, our MOCELL Games are not intended to be accessed by persons under 13 years of age. We do not intentionally collect any personally identifiable information from persons under 13 years of age. In the event that we learn that we have inadvertently gathered personally identifiable information from children under 13 years of age, we will take commercially reasonable measures to ensure that such information is removed from our records.
10. Special Note to International Users
Our Web Site is hosted in the Republic of Hong Kong and the use of the Web Site and Services and this Agreement is governed by and shall be construed and enforced under the laws of Hong Kong, without applying any conflicts of law principles that would require application of the law of any other jurisdiction. You agree to submit to the personal non-exclusive jurisdiction in Hong Kong and any other court of competent jurisdiction chosen by us.
In the event of any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, (a “Dispute”), we strongly encourage that a resolution first be sought through our Customer Support service.
You agree that in the event that a resolution is not obtained through our Customer Support service, such Dispute shall be referred by you and may be referred by us to and finally resolved by arbitration in Hong Kong in accordance with the Arbitration Rules of the Hong Kong International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The Tribunal shall consist of three (3) arbitrators, with you appointing one (1) arbitrator and us appointing one (1) arbitrator and the third arbitrator to be selected by the two (2) arbitrators so appointed. The language of the arbitration shall be English.
Notwithstanding any of the foregoing, you agree that we are entitled to submit such Dispute for resolution through any other dispute resolution mechanism including the courts of any jurisdiction and we shall further be entitled to seek any injunctive or other equitable relief in the event of any breach or anticipatory breach by you, without any obligations of providing any bond or surety or proof of damages.
You irrevocably waive all rights to seek any injunctive or other equitable relief or to enjoin or restrain the operation or exploitation of the Services or any part thereof. You further irrevocably waive all rights to a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general action.
11. Merger, Acquisition, Sale, or Insolvency
(a) In the event that we are acquired by or merged with another entity, we reserve the right, in any of these circumstances, to transfer the information or assign our rights to the information that we have collected from our Users as part of such merger, acquisition, sale, or other change of control.
(b) In the event of our insolvency, reorganisation, receivership, winding-up or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.