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© 2018 Qode Interactive, All Rights Reserved

Privacy Policy

Last update: 02/02/2022

This privacy policy applies to all personal data processed by 3DG S.à r.l. in the context of its offer of goods and services (hereinafter the “Privacy Policy”), more specifically:

Offering virtual reality game services;

Marketing, reservations and contractual relationship with customers;

Catering offer;

Booking services, Website and player account on the website https://www.zerolatencyvr.lu (hereinafter the “Website”).

You, as a natural person benefiting from these services, are a data subject by the processing we make of your personal data within the meaning of the GDPR (hereinafter “you”, “your”, “your”).

All of your personal data is processed in accordance with this Privacy Policy, European Regulation No. 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter the ” GDPR “), as well as any legislation or regulation, national or European, that would complement or replace the GDPR.

If you have any questions about this Privacy Policy, please contact 3DG at the contact details set out below.

The controller of personal data within the meaning of the GDPR is, for the purposes hereof, 3DG S.à r.l., a limited liability company under Luxembourg law, established and having its registered office at L-7526 MERSCH, 1-3, Um Mierscherbierg, registered in the Luxembourg Trade and Companies Register under number B258972 (hereinafter ” 3DG”, “we”, “us”, “our”).

3DG’s contact details are as follows:

3DG S.à r.l.

1-3, Um Mierscherbierg

L-7526 MERSCH

Website: https://www.zerolatencyvr.lu

Tel. : (+352) 621 684 050

Email: contact@zerolatency.lu

The information relating to the data processing that is carried out by 3DG is detailed below in this Privacy Policy.

PURPOSES OF PERSONAL DATA PROCESSING

Your information is generally processed so that 3DG can provide you with the products and/or services you have requested and continuously improve customer service. In particular, your personal data is collected and processed by 3DG for the following specific purposes:

Virtual reality gaming services offered

Register and create a player/customer profile (player account creation);

Customize your game experience, remember your preferences and pre-populate settings to simplify your experience (e.g. gender of avatar/character, name of this avatar/character, dominant hand, etc.);

Statistics of your performance on the different games;

To be able to communicate to you the statistics of your performance;

Build a ranking of the best player-clients;

In order to comply with your request to book a game and, if necessary, contact you by phone and/or email;

Develop and improve our products and services.

Marketing and contractual relationship with customers

Send you our newsletter and/or commercial/advertising communications;

Transfer to a Luxembourg marketing company;

Respond to your questions, support requests, comments and complaints;

Develop and improve our products and services;

Notify you of changes, updates or information regarding our services and products.

Payments for catering and reservations

Processing of your payments and invoicing;

Creation of a consumer profile in the Tiller application and transfer of your data to Tiller for payment processing;

In order to comply with your request to book a game and, if necessary, contact you by phone and/or email;

Carry out our accounting.

Use, personalization and security of the 3DG Website

For security protocols for the creation and access to a player account on the Website, such as login credentials;

Make game reservations;

Receive and respond to your questions, requests for assistance, comments and complaints communicated through the Form on the Website;

Identify possible threats to the Website, its content, 3DG, its goods and services, as well as its IT system;

Statistical data to determine your behaviour and trends on the Website and the games offered, and to improve this Website and adjust the range of goods and services to your preferences.

To ensure our legal compliance.

PERSONAL DATA OF CHILDREN UNDER THE AGE OF 16

Neither the 3DG Website, nor its offer of services, nor the purposes for which personal data is collected are aimed at children under the age of 16 and do not intend to collect personal data concerning them, unless consent or authorization has been previously given by their parents or guardians for the purposes listed above in this Privacy Policy.

However, we cannot verify whether or not a visitor to the 3DG Website is actually over the age of 16.

If you are under the age of 16 and your parent or guardian has not given their consent or authorization, please immediately abandon the 3DG Website and refrain from seeking the services offered by 3DG.

In addition, 3DG advises parents to get involved in the activities of their children, especially those under the age of 16, in order to prevent data about them from being collected and processed without their consent or permission.

If you, as a parent or guardian, are convinced that 3DG has collected personal data from a child under the age of 16 under your care without your consent or permission, please contact 3DG at the contact details found above in this Privacy Policy, and 3DG will delete it without delay.

CATEGORIES OF PERSONAL DATA

We collect your personal data in three ways:

When you voluntarily provide us with personal data – for example when making a booking, creating your player profile or registering for email updates;

Automatic recording of your information – for example, via cookies or our games; and

Information collected from third parties – analytics and advertising third parties may provide your information to assist with marketing activities.

As a general rule, your personal data is only processed to provide the services you request. You can always choose not to provide the personal data and also request that 3DG delete it. However, in some cases, this may prevent us from being able to provide the services you have requested, such as booking or being able to play a game.

a) Information you provide to us:

Your personal data is collected when you enter it or voluntarily provide it to 3DG. The data 3DG collects may change as services and features evolve over time, but generally you provide us with:

Name and surname;

Username / Nickname;

Gender;

Date of birth;

Dominant hand;

Size;

Postal addresses;

E-mail addresses;

Phone number;

Information about consumption habits (e.g. bookings, games played, statistics of your performance, your evaluations but also your questions, requests for assistance, comments and complaints);

VAT number;

Bank data and data concerning your payments;

Other personal data that you actively provide to us.

You are not required to provide us with this data but it may be required in order, in particular, to make reservations, play our games, make payments, get an answer from us to your questions.

(b) Automatic storage of your personal data

Some information is collected automatically when you visit our Website or play our games on the Internet. The data collected is usually aggregated and used as statistical data to determine trends among a group of players, instead of being used to identify individuals.

Location data of your device: IP address;

Location data of the place where you make your reservation;

Cookies;

Internet browser;

Type of device used to surf the Internet;

Data about your preferences on the Website;

Data about your behaviour on the Website, such as the pages of the Website you visited, the website you came from or went to, and the device you were using;

Game data, such as the games you played, when you played, how many times you played, and your game performance statistics;

Error reports, such as if your equipment fails, or your gaming experiences and problems;

(c) Receiving information from third parties

In some cases, your information is collected from third parties. Examples include:

Provide advertising (Facebook Business or Google Adwords); and

Analytics tools (such as Google Analytics), may provide us with your information to support our marketing activities, advertising campaigns and service improvement.

SENSITIVE DATA

3DG exceptionally processes personal data that could be considered “sensitive data” for the processing purposes described above, in particular the following data: your gender, dominant hand and/or height.

By accepting this Privacy Policy, you are explicitly giving us your consent to process this particular category of personal data concerning you.

LEGAL BASIS FOR THE PROCESSING OF PERSONAL DATA

Your personal data will only be collected or processed if:

You consent to the processing of your personal data for the specific purposes described above in this Privacy Policy (e.g. receiving our newsletter);

The processing is necessary for the performance of a contract to which you are a party or for the execution of pre-contractual measures taken at your request (e.g. booking or playing a game, paying for a small catering, etc.);

The processing of your personal data is necessary for compliance with a legal obligation to which 3DG is subject (e.g. the data that 3DG needs for its tax return); or

The processing is necessary for the purposes of the legitimate interests pursued by 3DG (e.g. for the processing of disputes, debt collection, and more generally the management of payment incidents).

In cases where the processing is based on consent, or on the performance of a pre-contractual contract or measure, you have the right to withdraw your consent at any time. Such withdrawal shall not have the effect of jeopardising the lawfulness of the processing based on consent or on the performance of a contract or pre-contractual measures which has been carried out before such withdrawal. To withdraw your consent, please contact 3DG at the contact details set out above in this Privacy Policy.

In order to benefit from certain services and functions on the Website or in order to be able to receive communications from us, you will be asked to provide certain necessary personal data via collection forms. The necessity of this data, in the forms of the Website, is indicated by means of an asterisk (*). If you do not fill in these fields, you will not be able to obtain the requested service.

You are solely responsible for the accuracy of the personal data provided to us.

RECIPIENTS OF PERSONAL DATA

Your personal data is only communicated or made accessible to persons to whom it is necessary to communicate for the purposes and purposes of the processing listed above in this Privacy Policy. The recipients of your personal data vary according to the purposes of the data processed by the 3DG:

Offer of virtual reality game services: Your name and surname; Username / Nickname; gender; date of birth, size, postal addresses; e-mail addresses; telephone number; dominant hand; information about consumption habits (e.g. bookings, games played, statistics of your performance, your evaluations but also your questions, requests for assistance, comments and complaints); VAT number; bank data and data concerning your payments; Other personal data that you actively provide to us. This data is communicated to 3DG, 3DG’s internal services and its employees and contract agents. The data is also transferred to third party subcontractors, in particular in order to be able to process your payments, satisfy booking requests, carry out our accounting, and to allow you to use your player account when you play from the infrastructures of our business partners and that these partners can contact you about a reservation of a game that you have made with them or are better able to answer your questions, support requests, comments and complaints. In particular, your data is transferred to: Zero Latency PTY LTD, a company incorporated under Australian law, established and having its registered office at 22-32 Steel St, North Melbourne VIC 3051 AUSTRALIA (hereinafter “Zero Latency Australia”);

Marketing and contractual relationship with customers: Your first and last name; Username / Nickname; gender; date of birth; postal addresses; e-mail addresses; telephone number; information about consumption habits (e.g. bookings, games played, statistics of your performance, your evaluations but also your questions, requests for assistance, comments and complaints). This data is communicated to 3DG, 3DG’s internal services and its employees and contract agents. The data may be transferred to third party subcontractors, in particular in order to be able to communicate information about our products/services. In particular, your data is transferred to: our business partner Zero Latency Australia and possibly to a Luxembourg marketing company;

Payments for catering and reservations: Your first and last name; gender; date of birth; postal addresses; e-mail addresses; telephone number; VAT number; Bank data and data concerning your payments; information about consumption habits (e.g. bookings, games played, statistics of your performance, your evaluations but also your questions, requests for assistance, comments and complaints). This data is communicated to 3DG, 3DG’s internal services and its employees and contract agents. The data is also transferred to third party subcontractors, in particular in order to process your payments and carry out our accounting. In particular, your data is transferred to the accountant of 3DG, as well as to Tiller Systems SAS, a company under French law, established and having its registered office at F- 95021 CERGY PONTOIS, 1, Avenue Bernard Hirsch (hereinafter “Tiller”);

Use, personalization and security of the 3DG Website: Location data of your device (IP Address); Location data of the place where you make your reservation; Cookies; Internet browser; Type of device used to surf the Internet; Data about your preferences on the Website; Data about your behaviour on the Website, such as the pages of the Website you visited, the website you came from or went to, and the device you were using; Game data, such as the games you played, when you played, how many times you played, and your game performance statistics; Error reports, such as if your equipment fails, or your gaming experiences and problems; Provide advertising (Facebook Business or Google Adwords); Analytics tools (such as Google Analytics), may provide us with your information to support our marketing activities, advertising campaigns and service improvement; Other personal data that you actively provide to us. This data is communicated to 3DG, 3DG’s internal services and its employees and contract agents.

The personal data that you share directly with our business partners or other persons is specifically intended for them and will be subject to their respective privacy policies. They are not subject to this Privacy Policy.

STORAGE AND TRANSFER OF PERSONAL DATA TO A THIRD COUNTRY

As a matter of principle, your personal data is processed within the European Union.

However, with respect to the third-party recipient subcontractor, Zero Latency Australia, it is established in Australia. When you interact with our services mentioned at the beginning of this Privacy Policy, you authorize 3DG, in its capacity as data controller, to transfer and have your personal data processed by Zero Latency Australia, in its capacity as a processor of 3DG.

In accordance with the GDPR, 3DG will ensure that Zero Latency Australia continuously provides sufficient guarantees as to the implementation of appropriate technical and organisational measures to ensure, in particular, a level of security appropriate to the risk, processing that meets the requirements of the GDPR and guarantees the protection of your rights and freedoms.

In addition, appropriate safeguards are ensured, either by standard contractual clauses for data protection and transfer adopted by the European Commission in accordance with the examination procedure referred to in Articles 46(2) and 93(2) GDPR, provided that the conditions for the use of these standard contractual clauses are met; either by standard contractual clauses for data protection and transfer adopted by the National Commission for Data Protection (CNPD) and approved by the European Commission, in accordance with the examination procedure referred to in Articles 46(2) and 93(2) GDPR, provided that the conditions for the use of these standard contractual clauses are met; or, where appropriate, through binding corporate rules set out in data transfer contracts in accordance with Articles 46(2) and 47 GDPR.

You will also benefit from enforceable rights as well as effective legal remedies. You can obtain a copy of the appropriate safeguards implemented.

SECURITY OF THE PROCESSING OF YOUR PERSONAL DATA

3DG, in its capacity as controller, has established and ensures appropriate and useful technical and organisational measures to ensure a level of security appropriate to the risk, and to prevent any unauthorised destruction, loss, alteration or disclosure of your personal data, or any unauthorised access to such data, accidentally or unlawfully.

However, despite 3DG’s best efforts, no security measure is absolutely impermeable and completely secure, and therefore 3DG cannot guarantee the loss or misuse of your personal data. By accepting this Privacy Policy, you acknowledge this risk.

AUTOMATED DECISION-MAKING

3DG does not make decisions that would be based exclusively on automated processing with regard to matters that may have (significant) consequences for you as a data subject. Decisions based on automated processing are decisions that are made in respect of a data subject, exclusively through algorithms applied to his or her personal data, without any human being being involved in the process (e.g. an employee of 3DG).

RETENTION OF YOUR PERSONAL DATA

In accordance with the GDPR, 3DG will not retain personal data in a form that allows the identification of data subjects for longer than is strictly necessary for the specific purposes for which such data is processed:

Offering virtual reality game services: personal data will be kept for a period of 5 years from the end of the last game played by you;

Marketing and contractual relationship with customers: personal data will be kept for a period of 5 years from 3DG’s last contact with you;

Payments for catering and reservations: personal data will be kept for a period of 10 years from 3DG’s last contact with you (including, payment of the last invoice);

Use, personalization and security of the 3DG Website: with the exception of data collected by cookies (whose retention periods are indicated below), personal data will be kept for a period of 2 years from the day of their communication (Website form) or, where applicable, their registration/collection.

YOUR RIGHTS AND CHOICES

In accordance with the GDPR, you have rights vis-à-vis your personal data:

The right of access: you have the right to obtain confirmation that your personal data is or is not being processed by 3DG and, where appropriate, to obtain a copy of such personal data (Article 15 GDPR).

The right to rectification: you have the right to obtain, as soon as possible, the rectification of your personal data if they should be incomplete, inaccurate or have not been updated (Article 16 of the GDPR).

The right to erasure – the “right to be forgotten”: you have the right to obtain, as soon as possible, the erasure of your personal data, in particular if (i) your personal data would no longer be necessary for the purposes for which it was collected or processed; (ii) you have withdrawn your consent on which the processing is based; (iii) you object to the processing, but only if there are no overriding legitimate grounds for such processing; (iv) your personal data unlawfully processed; or (v) your personal data must be erased in order to enforce a legal obligation that is provided for by Union law or by the law of the Grand Duchy of Luxembourg only (Article 17 of the GDPR).

The right to restriction of processing: you have the right to obtain the restriction of processing when (i) your personal data is inaccurate; (ii) the processing is unlawful but you object to its erasure; (iii) 3DG no longer needs the personal data for the purposes of the processing but they are still necessary for you to establish, exercise or defend legal claims or (iv) you have objected to the processing during the verification of whether the legitimate grounds pursued by 3DG prevail over yours (Article 18 GDPR).

The right to data portability: you have the right to receive your personal data in a structured, commonly used and machine-readable format and to transmit them to another controller if (i) the processing in question is based on your consent and (ii) the processing in question is carried out by automated means (Article 20 of the GDPR).

The right to object: you have the right to object at any time, on grounds relating to your particular situation, to the processing of your personal data based on legitimate interests pursued by 3DG. 3DG will no longer process your personal data, unless there are compelling legitimate grounds for such processing that override your interests and rights and freedoms, or for the establishment, exercise or defence of legal claims (Article 21 GDPR).

You can exercise your rights by contacting 3DG at the contact details set out above in this Privacy Policy and mentioning the right you wish to avail yourself of. Please note:

Before processing your requests, 3DG reserves the right to confirm your identity (e.g. provide a copy to request your identity card, passport and/or other additional information necessary to confirm your identity).

Your rights may exceptionally be limited. For example, 3DG may need to retain a minimum amount of information for legal purposes.

You can also contact 3DG to report any changes or errors affecting your personal data.

Your requests will be processed as soon as possible and any information requested concerning the measures taken following your request will be communicated to you within 1 month of receipt of your requests. This period may be extended by an additional 2 months due to the possible complexity and number of your requests.

If your request is not acted upon, you will be informed within 1 month of receipt of the request.

If you have chosen to receive our newsletter and/or commercial/advertising communications and decide that you do not want them, you can unsubscribe by following the instructions in the respective e-mail. This will not apply to basic communications, for example to notify you of a change in your booking.

COOKIES OR SIMILAR TECHNIQUES USED BY 3DG

The 3DG Website uses technical, advertising and analytical cookies.

A cookie is a small text file that is placed in the browser of your computer, tablet or smartphone when you first visit the Website. Some cookies are essential for the proper functioning and use of the Website, others make it possible to track your browsing behavior in order to carry out traffic statistics and personalize the content and advertisements displayed.

During your first visit to the Website, 3DG informs you, using an information banner on its Website, of the existence and use of these cookies. By continuing to browse the Website when displaying this banner, you consent to our use of cookies.

3DG uses different types of cookies:

So-called “technical” cookies, i.e. cookies that are strictly necessary for your navigation on the Website and/or necessary for the operation of certain specific functionalities of this Website. These include cookies to save the information entered in a form on the Website (such as account access information for example) as well as cookies for personalising the user interface of the Website (e.g. choice of the version of the website offered, by country and language);

“Advertising” cookies to offer you 3DG products and services on or off the Website, based on your interests, which are evaluated on the basis of your previous browsing (articles and pages previously consulted or searched);

“Analytical” cookies to analyze traffic on the Website, to perform traffic statistics and to analyze the routes and elements sought on this Website. As such, 3DG analyzes the most visited pages and the conversion rate.

Cookies will have a limited duration not exceeding 13 months.

The information collected through cookies has a retention period not exceeding 24 months.

You can disable cookies by configuring the settings of your Internet browser so that it no longer stores cookies. However, this will result in the deletion of all cookies used by your Internet browser, including those placed and used by other websites, which may alter or cause the loss of certain settings or information, and make it difficult or impossible to navigate the Website.

In addition, you can also delete all previously saved information through your browser settings. The procedure to follow in order to disable or delete cookies is different depending on the Internet browser you are using.

“Third-party cookies” are also placed on the Website that you accept their use and their respective privacy policies, either expressly or by continuing your navigation on the Website when displaying the banner concerning these cookies. These are, for example, advertisers and/or social media companies. Below is an overview:

Cookie: Google Analytics

Privacy Policy: https://support.google.com/analytics/answer/6004245

Name: _utma

Function: Analytical cookie that measures website visits

Shelf life: 2 years

CONTACT AND COMPLAINTS

You may send 3DG your questions, support requests, comments or complaints to the contact details found above in this Privacy Policy. You can also notify 3DG of any problems encountered with your personal data.

In addition, you can lodge a complaint with the CNPD, by mail or on its website, if 3DG has not complied with your requests:

National Commission for Data Protection

15, Boulevard du Jazz

L-4370 BELVAUX

Website: https://cnpd.public.lu/

Tel. : (+352) 26 10 60 -1

Finally, you can appeal to the courts.

OTHER CONDITIONS

3DG reserves the right to modify this Privacy Policy at any time.

In the event of a change to the Privacy Policy, an updated version will be communicated to you. If you have provided us with a valid e-mail address, we will notify you of any changes by e-mail and inform you of the new version of the Privacy Policy before such changes become effective.

3DG also recommends that you regularly review this Privacy Policy on its Website, when you make reservations or play the games we offer, in order to be aware of an updated version of it.

3DG will indicate, at the header of this Privacy Policy, the date of its last update.

If any provision of this Privacy Policy is declared, in whole or in part, void or unenforceable, its other clauses shall remain valid.

This Privacy Policy is governed by and interpreted in accordance with Luxembourg law.

Any dispute, dispute, claim, disagreement or difficulty concerning the interpretation or execution of this Privacy Policy will be submitted to the courts of the city of Luxembourg to which the parties attribute territorial jurisdiction, regardless of the place of performance or the domicile of the defendant.