Moi Rai Games GmbH

Last Updated: December 3, 2024

Welcome to the Moi Rai Games!

This Privacy Notice explains what Personal Data (defined below) we collect in connection with our games (for example, Aethermancer and Monster Sanctuary ) (the "Games" or "Services")), how we use and share that data, and your choices concerning our data practices. This policy applies only to information we collect in connection with the Games and in email, text, and other electronic communications sent through or in connection with the Games.

This policy DOES NOT apply to information that you provide to or is collected by any third party, or which is collected outside of the Services (see "Third-Party Information Collection").

This Privacy Notice is incorporated into and forms part of our terms of service. Before using our website or downloading, playing or accessing our Games, please review this Privacy Notice carefully and contact us at info@moi-rai.com if you have any questions. By participating using our website or downloading or accessing our games, you agree to the practices described in this Privacy Notice.

If you do not agree to this Privacy Notice, please do not license, download, access or use our Games.

1. DATA CONTROLLER

Moi Rai Games GmbH ("we", "us", "our", "Company") will be the entity responsible for your data. To ask questions or comment about this privacy policy and our privacy practices, you can contact us at:

Email: info@moi-rai.com

2. CHILDREN

Our Services are not directed to or intended for children who are under the age of 16. Company does not knowingly collect Personal Data from children under the age of 16. If we learn we have collected or received Personal Data from a child under 16 without verification of parental consent, we will delete that information. If you have reason to believe that a child under the age of 16 has provided Personal Data to Company through the Services please contact us at info@moi-rai.com and we will endeavor to delete that information from our databases. This in compliance with the Children’s Online Privacy Protection Act and Article 6(1)(c) of the GDPR.

3. PERSONAL DATA WE COLLECT

We collect information that alone or in combination with other information in our possession could be used to identify you ("Personal Data") as follows:

Personal Data You Provide. We collect Personal Data from you that you provide to us. For example, when you sign up for our newsletter we may collect your name and email address . If you send us communications directly via email, then we will collect your email address and whatever personal information you provide in your communications. If you participate in a pre-release test of our games, such as a beta or alpha test, and you provide us information in connection with the playtest, we will collect whatever information you provide us. If you report bugs using our bug reporting tools, we will collect your email address and whatever information you provide in the report. Bottom line, if you provide it to us, we collect it.

Automatically Collected Data. When you access, download and play our Games, we may receive certain information about your visit, use, or interactions.

• Newsletter Data: We may use passive collection technologies called pixels in our email campaigns that allow us to collect your email and IP address as well as the date and time you open an email or click on any links in the email.
• Bug Report Data: When you send us bug reports, in addition to your report, we may also receive a player log file from your computer containing information about your device and what happened in your game, as well as a screenshot of your current game state.
• Gameplay Data: We may collect information about how you play our Games, such as the features you use, the actions you take, and the time, frequency, and duration of your activities. When you interact with our Games we may collect your unique in-game ID, your platform ID, username, device ID, IP address, and usage details such as session data about the stages that you have cleared and favorited within the Game, approximate location data, Steam profile information, information about you user-created content within the Game, tags assigned to the stages, thumbnail images, and difficulty levels. We may collect information about the device that you use to play our Games such as your device ID. We may be able to derive a rough estimate of your location from your IP address.

Third-Party Information Collection Through the Services: Some features of the Services are served by third parties ("Third-Party Services"). When you participate in the Services, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include: our game publisher, game distributers, our newsletter provider, our hosting provider, our analytics provider, and our cloud storage provider. These Third-Party Services processes your information for the purpose of providing the relevant services which are incorporated into our Services. The Personal Data that we receive from Third-Party Services is covered by this privacy policy. For information about their processing practices, please see the list of Third-Party Services below.

• MailChimp (newsletter service provider) - Information about MailChimp data practices may be found in its privacy policy available here: https://www.intuit.com/privacy/statement/
• Codecks (file storage) – Information about Codeck’s data practices may be found here: https://www.codecks.io/privacy/#:~:text=We%20only%20store%20access%20data,any%20conclusions%20regarding%20your%20identity.
• Unity Analytics (analytics provider)- Information about Unity’s data practices may be found here: https://unity.com/legal/privacy-policy
• Steam (distributor)– information about Steam’s data practices may be found in its privacy policy here: https://store.steampowered.com/privacy_agreement/?snr=1_44_44_

Note: The above URLs and the privacy policies that they point to may change from time to time, we are providing them for your convenience only, we do not guarantee their accuracy.

Social Platforms: We also have pages, accounts and servers on social media platform like Twitter(X), YouTube, Facebook, TikTok, Instagram, Threads, Reddit, Bluesky and Discord ("Social Platforms"). The Social Platforms are operated by the owners of the relevant social media platforms and the collection of information by third parties on the Social Platforms is governed by the privacy policy of the applicable platform. When you interact with our Social Platforms, we may also collect Personal Data that you elect to provide to us, such as your contact details. In addition, the companies that host our Social Platforms may provide us with aggregate information and analytics regarding the use of our Social Platforms.

4. OUR LEGAL BASES FOR PROCESSING YOUR INFORMATION

When we collect or otherwise process any of your Personal Data, we do so in reliance on the following legal bases:

• Your consent. If you have provided us with your consent to process your information for a specific purpose we will do so based on your consent. You may withdraw your consent at any time by following the instructions provided below in the "Your Rights and Choices" section below.
• Performance of a Contract with You. When the processing of your Personal Data is necessary in order for us to perform a contract with you, such as the Playtester Agreement, or when you request that we process your information prior to entering into a contract with you, we will do so on this basis.
• Our Legitimate Interests. When we believe the processing of your Personal Data is reasonably necessary in order for us to achieve our legitimate interests in conducting and managing our business and our relationship with you, we will do so on this basis, including the legitimate interest we have in:
  • personalizing, enhancing, modifying or otherwise improving the services and/or the communications that we provide to you;
  • retaining and engaging you and our other users;
  • detecting and preventing fraud and operating a safe and lawful business; and
  • improving the security and optimization of our network, sites and services.
  When we use your information for our legitimate interests, we take into account any potential impact that such use may have on you by balancing our legitimate interests against your interests, rights and freedoms. We will not use your information if there is a less intrusive way for us to achieve our legitimate interests or if we believe your interests should override ours unless we have other grounds to do so (such as your consent or a legal obligation).
• Our Legal Obligations. When we believe that the processing of your information is necessary in order for us to comply with our legal obligations (such as to cooperate with a law enforcement body or regulatory agency, exercise or defend our legal rights, or disclose your information as evidence in litigation in which we are involved) we will do so on this basis.
• Vital Interests. When we believe that the processing of your information is necessary in order to protect your vital interests or the vital interests of a third party, such as situations involving potential threats to the safety of any person, we will do so on this basis.

5. HOW WE USE PERSONAL DATA

We may use Personal Data for the following purposes:

• To develop, provide, run, support, optimize, improve and maintain our Games.
• To respond to bug reports.
• To provide you with customer support.
• To communicate about promotions, upcoming events, and other news about our games with your consent.
• To respond to your inquiries, comments, feedback, or questions regarding the Games.
• Understand, optimize and improve the effectiveness of our marketing efforts and ad campaigns.
• To send administrative information to you, for example, information regarding the Games and changes to our terms, conditions, and policies.
• To respond to you if you contact us.
• To fulfill any other purpose for which you provide it.
• To analyze how you interact with our Games.
• To develop new products and services.
• To prevent fraud, criminal activity, or misuses of our games or abuses of our Games.
• To comply with legal obligations and legal process and to protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or other third parties.
• For any reason that we described to you when collecting your Personal Data or for any reason for which you’ve provided us with your consent.
• To help maintain the safety, security, and integrity of the our games, our IT systems, architecture, networks, databases and other technology assets.
• To protect the rights, interests, and safety of us, you, and any third parties, and to exercise and defend our rights.
• To create anonymous, de-identified, or aggregated datasets (“Aggregated Information”). Such datasets would not be "Personal Information" subject to this Privacy Notice. We may use anonymous, de-identified, or aggregated datasets for any purpose. For more information about Aggregation Information see below.

The usage information we collect helps us to improve our Games and to deliver a better and more personalized experience by enabling us to:

• Recognize you when you play our Games.
• Estimate our audience size, demographics and usage patterns.
• Store your preferences, consents and other user settings locally on your device.
• Comply with your consents.
• Understand how well game features are working and whether users are having issues.
• Identify and correct software defects.
• Prevent fraud and illegal behavior by detecting behavior patterns that indicate such activity.

Aggregated Information: We may aggregate Personal Data and use the aggregated information to analyze the effectiveness of our Games, to improve and add features to our Games, and for other similar purposes. In addition, from time to time, we may analyze the general behavior and characteristics of users of our Games and share aggregated information like general user statistics with prospective business partners.

6. SHARING AND DISCLOSURE OF PERSONAL DATA

In certain circumstances we may share the categories of Personal Data described above without further notice to you, unless required by the law, with the following categories of third parties:

• Vendors and Services Providers: To assist us in meeting business operations needs and to perform certain services and functions, we may share Personal Data with vendors and service providers, including game distribution platforms, providers of newsletter providers, cloud services, online form provider and analytics services. Pursuant to our instructions, these parties will access, process, or store Personal Data in the course of performing their duties to us.
• Business Transfers: We may disclose your information to our subsidiaries, affiliates and financiers, including the publishers of our Games. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of all or a portion of our assets, or transition of service to another provider (collectively a "Transaction"), your Personal Data and other information may be shared in the diligence process with counterparties and others assisting with the Transaction and transferred to a successor or affiliate as part of that Transaction along with other assets.
• Legal Requirements: If required to do so by law or in the good faith belief that such action is necessary to (i) comply with a court order, regulatory request or other legal obligation, including to meet national security or law enforcement requirements, (ii) protect and defend our rights or property, (iii) prevent fraud, (iv) act in urgent circumstances to protect the personal safety of users of the Services, or the public, or (v) protect against legal liability.
• Enforcing our Rights: We may disclose your information as necessary to enforce our rights arising from any contracts entered into between you and use, such as our Terms of Service.
• Necessary for Purpose: We may disclose your information as necessary to fulfill the purpose for which you provided it.
• With Your Consent: We may disclose your information with your consent.
• Other purposes: We may disclose your information for any other purpose disclosed by us and accepted by you when you provide the information.

7. WHERE, HOW AND HOW LONG WE STORE YOUR INFORMATION

All information that we collect is stored in the EU. We store all Personal Data securely using third-party vendors who implement industry standard security measures. By using the Services, you authorize us to receive, process, transfer, and store your information in and to the EU.

We keep your information only for the length of time necessary to fulfill the purposes for which the information was collected. For example, if you provide us with your email address while signing up for our newsletter, we will keep your email address until you unsubscribe from the newsletter (unless you have provided us with your email address for another separate purpose). We will keep information collected during our playtest programs until the playtest is completed and the game has been released If applicable laws require us to store your information for a longer period, then we will keep your information for the period required by law.

Cross-border Data Transfers: Where cross-border transfers of data are necessary, we will take reasonable steps to safeguard the privacy of your Personal Data. These steps may include implementing standard contractual clauses where recognized by law, obtaining your consent, or other lawful means of transferring Personal Data.

8. DATA SECURITY

We have implemented measures designed to secure your Personal Data from accidental loss and from unauthorized access, use, alteration, and disclosure by partnering with third parties who use industry standard security measures to protect your information.

Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted through our Services. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.

9. YOUR RIGHTS AND CHOICES

In certain circumstances providing Personal Data is optional. However, if you choose not to provide Personal Data that is needed to use some features of our Services, you may be unable to use those features.

We strive to provide you with choices regarding the Personal Data you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of over your information.

• Updating or correcting your information: Please email us at info@moi-rai.com if you need to change or correct your Personal Data.
• Promotion by us: If you have opted in to receiving email communications from us and you want us to discontinue using your email address to promote our own or third parties' products or services, you can opt-out by clicking the unsubscribe link at the bottom of our emails and following the instructions provided.
• Opting In and Opting Out of Player Tracking: At the start of the Games, players have the ability to opt in or out of player tracking using in the Settings menu which is accessible from the main menu within the Game.
• Deleting Your Personal Data: We provide all of our data subjects with the Right to be Forgotten (also known as the Right to the Deletion of your Personal Data ), whether or not you reside or are a citizen of the European Union or the United Kingdom. Please email us at info@moi-rai.com if you would like us to delete your Personal Data.

  Please note however that the Right to be Forgotten is not an absolute right. The Right to be Forgotten only applies to the following types of Personal Data that are held by us at the time of the request:

  • Personal Data that was processed on the basis of consent,
  • Personal Data that was processed on the basis of legitimate interests,
  • Personal Data processed on a basis other than consent or legitimate interests that is no longer required for the purpose for which it was original collected or processed,
  • Personal Data that was processed unlawfully,
  • Personal Data that must be deleted in order to comply with a legal obligation, or
  • Personal Data of a child.

For more information about the third parties that collect data through the Games, see the "Third Party Information Collection" section above to understand which third parties have access to your Personal Data through the Services. You can consult their privacy policies to see if they offer additional options for limiting collection.

Additionally, we are happy to assist you in exercising the following Personal Data rights:

• The right to be informed - You have the right to be informed about our practices as they relate to your Personal Data. We meet this obligation by providing you with this Privacy Notice.
• The right to access - You have the right to request that we provide you with copies of your personal data. We may charge you a small fee for this service.
• The right to rectification - You have the right to request that we correct any information you believe is inaccurate. You also have the right to request that we complete information that you believe is incomplete.
• The right to be forgotten - You have the right to request that we erase certain types of personal data (see Deleting Your Personal Data above).
• The right to restrict processing - You have the right to request that we restrict the processing of your personal data, under certain conditions.
• The right to object to processing - You have the right to object to our processing of your personal data, under certain conditions.
• The right to data portability - You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.

If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please email us at info@moi-rai.com.

Personal Information Rights for California Residents:

Shine the Light. Under California Civil Code Section 1798.83, ( the "Shine The Light" law), California residents who use the Services may request and obtain from us, once a year and free of charge, information about categories of Personal Data (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared Personal Data in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

Minors. California residents who have an account with us and who are under 18 years of age have the right to request deletion of any data that such users post on the Services, if any. To request deletion of such data, please contact us using the contact information provided below and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g., backups, etc.).

10. CHANGES TO THE PRIVACY POLICY

The Services and our business may change from time to time. As a result we may change this Privacy Notice at any time. When we do we will post an updated version on this page, unless another type of notice is required by the applicable law. By continuing to use our Services or providing us with Personal Data after we have posted an updated Privacy Notice, or notified you by other means if applicable, you consent to the revised Privacy Notice and practices described in it.

11. CONTACT US

If you have any questions about our Privacy Notice or information practices, please email us at info@moi-rai.com.