PRIVACY POLICY​

Effective Date: October 16, 2024

This Privacy Policy describes how NEXON Co., Ltd. and its subsidiaries and affiliates (collectively, “Nexon”) handle and protect the information that we collect through our websites, games, mobile apps, and other interactive software products and services that we operate and that link to this Privacy Policy (collectively, our “Services”). If you have any questions or concerns about this Privacy Policy or our privacy practices, please contact the publisher for the particular Nexon Service, which is the independent data controller responsible for your privacy information. For our contact details, please see Section XI. (Contact Us).  

I. INFORMATION WE COLLECT
II. HOW WE USE INFORMATION
III. WHEN INFORMATION IS DISCLOSED
IV. COOKIES AND SIMILAR TECHNOLOGIES
V. YOUR CHOICES
VI. DATA SUBJECT RIGHTS AND WITHDRAWAL OF CONSENT
VII. MINORS
VIII. HOW WE SECURE INFORMATION AND HOW LONG WE STORE INFORMATION
IX. INTERNATIONAL DATA TRANSFERS
X. CHANGES TO THIS PRIVACY POLICY
XI. CONTACT US

ADDENDUM

U.S. RESIDENTS: STATE PRIVACY DISCLOSURES

USERS OF EMBARK SERVICES: EMBARK PRIVACY INFORMATION

 I. INFORMATION WE COLLECT

We collect information when you provide it to us, when you communicate with others using our Services, and when you otherwise use the Services. We also may collect information about you from other sources.

Information you provide to us. When you register, contact us directly, or otherwise use the Services, you may choose to provide information to us, including:

• Contact information, including name, mobile phone number, mailing address, and email address.
• User account information, including username, nickname, password, and profile picture.
• Demographic information, including your age, gender, and country.
• Contacts from your device address book and social media accounts.
• Payment information, which our payment processors collect when you make purchases.
• Correspondence you send to us.

Communications with others. When you communicate or share information with others through the Services, including by posting photos or communicating orally or in written messages, we may access and store the contents of these communications and related information, unless such access and storage are prohibited by law. Where consent is required by applicable law, you consent to our recording, storage, and disclosure of such communications and information that you send or receive consistent with this Privacy Policy and the Terms of Service and End User License Agreement. (This consent does not apply in the EEA and UK.)

Use of the Services. We collect information when you use our Services, including your Internet protocol (“IP”) address and other identifiers that are assigned to your device and application when you access the Internet or use the Services, browser type, browser version, browser language setting, operating system, device name and type, MAC address and other device identifiers, information from your device (including information from and about your hard drive and other storage devices, central processing unit, random access memory, video card, and peripheral hardware, software and applications installed on your device), Internet service and mobile service provider, pages that you visit before and after using the Services, the date and time of your visit, download information, the links you click and areas you view within the Services, game metrics and usage data, and other standard server log information. We collect additional information when the Services crash or otherwise encounter a problem, including system and driver data. Consistent with your device permissions, we may collect or derive location information from your device’s GPS signal, Bluetooth connections, nearby WiFi networks, and similar device information. We also may derive location from your IP address. 

We may use a third-party service, namely, the YouTube API Services for purpose of provision of the Services. Through YouTube API, we collect, store and otherwise use API data relating to users including YouTube channel and video information, and any other information necessary to provide the Services that incorporates the YouTube API Services (“API client”). Please note that we comply with the YouTube Developer Policies. By using those API clients, users are agreeing to be bound by the YouTube Terms of Services. Please see the following links for the YouTube Terms of Services and Google Privacy Policy:

Ÿ   YouTube Terms of Services: https://www.youtube.com/t/terms; and

Ÿ   Google Privacy Policy: http://www.google.com/policies/privacy.

Please note that you can revoke access to the YouTube API through the Google Security Settings page.

Information we obtain from other sources. We may receive information about you from publicly and commercially available sources (as permitted by law), which we may combine with other information we receive from or about you. We also may receive information from third-party social networking services when you or other users choose to connect with those services.

II. HOW WE USE INFORMATION

We may use, record, systematize, store, update, modify, retrieve, delete, or otherwise process your information for the following purposes, using manual or automated means, and we also may use the information we collect to:

• Provide the Services and deliver requested products and information, including technical support and responses to your questions or comments.
• Deliver emails, push notifications, text messages, alerts, and other communications about our Services and the products of our third-party partners, consistent with your choices.
• Customize and deliver the content and advertising you see when using the Services or third-party websites and services, consistent with your choices.
• Link the different devices that you might use to analyze your use of the Services, customize advertising, and otherwise provide and improve the Services.
• Analyze and address prohibited activities, including by assisting our efforts in policing users who may develop or use hacks or cheats to gain advantage over other users of the Services, and to otherwise enforce our Terms of Service and End User License Agreement.
• Analyze, develop, and improve the Services and new products and services, including by conducting and delivering surveys, polls, and research.

Additionally, our payment processors use payment information as necessary to complete transactions or as otherwise required by law.

Nexon’s legal bases to process information for these purposes include that the processing is necessary for:

• Nexon’s legitimate interests, including those described above and as necessary to provide the Services.
• Compliance with Nexon’s legal obligations.
• The performance of the Terms of Service and End User License Agreement between Nexon and the user.
• Carrying out the obligations and exercising rights under applicable law.
• Where applicable, on the basis of the consent of users which may subsequently be withdrawn at any time by contacting us, without affecting the lawfulness of processing based on consent before its withdrawal. We rely on consent for certain advertising purposes, use of certain Cookies, the collection of precise geolocation information, the combination of data across devices, and international transfers of personal information. For more information on how you can provide or withdraw your consent, please see Section V. (Your Choices).

If you are located in the European Union, European Economic Area, the United Kingdom or another country that requires a legal basis for processing personal information, please see here for additional details about the purposes for which we process your information.

III. WHEN INFORMATION IS DISCLOSED

We limit when we disclose the information we collect to the following circumstances:

Within Nexon. We disclose information across the Nexon companies.

Business Partners. We disclose information to third-party partners and service providers, including payment processing and gateway companies, platform services, game developers, game publishers, game console providers, customer support services providers, cloud storage and hosting providers, social media companies (who may collect information when you use the Services or when you connect the Services to your social media accounts) and analytics and advertising companies, to help us provide and improve the Services and operate our business. For more information about these business partners, please contact us.

Other Users. Your profile, including your username and the picture that you may provide, and information about your activities on the Services may be visible to other users of the Services or third-party sites and services. For example, your game results, scores, and profile information may be viewed by other users of the Services and, if you choose to link to social media sites like Facebook, viewed by users of such sites.

Legal Purposes. We may provide your information to third parties when we believe that doing so is required by law or to cooperate with regulators or law enforcement authorities. We may disclose your information in order to protect the rights or property of Nexon, including enforcing our Terms of Service and End User License Agreement, and others, or when we believe that there is an emergency that poses a threat to the health or safety of you, another person, or the public.

Corporate Transaction. If Nexon is involved in a corporate transaction, such as a merger, acquisition by another company, asset sale, or in the unlikely event of bankruptcy, we may transfer your information to the successor organization in such transaction in accordance with applicable law.

With Your Consent. We may disclose information for any other purposes disclosed to you at the time we collect the information or pursuant to your consent.

If you access our Services through third-party devices or platforms, these third parties may be able to collect and process information about you, including information about your activity on the Services, and they may notify your connections on the third-party services, in accordance with their own privacy policies.

IV. COOKIES AND SIMILAR TECHNOLOGIES

When you use the Services or interact with emails from us, we and our analytics providers, advertising networks, advertising service providers, and other business partners may collect and store information about your use of our Services and emails using cookies, pixel tags, local storage, and similar technologies (collectively, “Cookies”) across websites, applications, and your different devices.

These business partners may use this information to display advertisements on our Services and elsewhere online across different sites, services, and devices tailored to your interests, preferences, and characteristics. You can control the use and disclosure of the information for such purposes through Section V. (Your Choices).

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU CONSENT TO THE USE OF NON-ESSENTIAL COOKIES AS IDENTIFIED IN THIS PRIVACY POLICY WITHOUT PREJUDICE TO ANY RIGHTS YOU MAY HAVE UNDER APPLICABLE LAW TO LATER REFUSE OUR USE.  For certain jurisdictions, we will seek your consent the first time you access the Services. For information on how to refuse Cookies, withdraw your consent or disable Cookies through your web browser, please see Section V. (Your Choices) and the Cookie notice.

V. YOUR CHOICES

Nexon provides you with a variety of choices to control the use and disclosure of your information, including:

Email Communications. You may opt out of receiving commercial email messages from us by following the unsubscribe instructions provided in our emails. Please note that even if you have opted out of receiving commercial email messages, you may continue to receive messages related to your account, your transactions, and similar service-related messages.

Geolocation Information. We may derive your approximate location from your IP address and other information we may collect for the purpose of determining your logical login history patterns, control your access to the Services, and to help us answer data protection requests. For more information, please review your device settings.

Cookies. You may be able to refuse or disable Cookies by adjusting your web browser settings or changing the settings in your Cookie banner. Because each web browser is different, please consult the instructions provided by your web browser (typically in the “help” section). Please note that you may need to take additional steps to refuse or disable some Cookies, such as local storage and similar technologies. For example, Adobe Local Shared Objects can be controlled through the instructions on Adobe’s Setting Manager page. Deleting the Cookies in your browser may in some cases cancel your advertising choices. If you choose to refuse, disable, or delete Cookies, some of the functionality of the Services may no longer be available to you.

Do Not Track Signals and Similar Mechanisms. Some web browsers may transmit “do-not-track” signals to the websites with which the user communicates. Nexon currently does not take action in response to these signals.

Interest-Based Advertising. While it is not possible to turn off all advertising, you do have the ability to control whether you receive interest-based ads based on information collected or received about your online activities and interests over time and across unaffiliated sites and services and your different devices. You can opt out of receiving interest-based ads from companies that participate in self-regulatory programs such as the Network Advertising Initiative (US) and the Digital Advertising Alliance (US), EDAA (EU), and DAAC (Canada) by following the instructions provided on their websites. If you are using a mobile app, you also may need to opt out of interest-based advertising on your mobile device or through the mobile application. For more information, check your device and mobile app settings. Please note that your opt-out choice will apply only to the browser and device you are using when you opt out.

Other Game and Device Permissions. You may be able to adjust your privacy settings for push notifications, address book sharing, and other information or features within the Services or your device permissions. Please review the settings for the Services and your device for more information. To stop the collection of information by a Nexon game, you can uninstall the game using the standard uninstall process available on your device or the app marketplace or network from which you installed the game.

VI. DATA SUBJECT RIGHTS AND WITHDRAWAL OF CONSENT

The laws in your country may provide you rights to request access to, correct, restrict, port, copy, or delete your information, request that we delete your account, or withdraw or change the scope of your consent. You may also have the right to request that we stop processing your information.

If you withdraw your consent, we will stop processing your information for such purposes, but it will not affect the processing of information previously covered by your consent. Where technologically feasible and required by applicable law, we will port your information pursuant to your reasonable request. A request to withdraw consent, restrict or stop processing your information, or delete your account or information may result in your inability to access the Services or some of its features. To exercise your rights consistent with applicable law, please contact us at the contact details provided in Section XI. (Contact Us).

VII. MINORS

Before you are able to use our Services, we may ask you to provide age-related information to help us comply with applicable laws.

Where permitted by law, we collect information from minors (as defined under applicable law) when they provide it to us and when they use the Services. For example, when a minor registers, contacts us directly, or otherwise uses the Services, they may choose to provide information to us, such as their contact information (name, phone number, mailing and email address), user account information (such as username, nickname, password, profile picture, and language settings), demographic information (such as age, gender, and country), and any correspondence they send to us. We also collect information when a minor uses our Services, including their Internet protocol (“IP”) address and other identifiers; information about their browser, device, or Internet or mobile service provider; and information about their use of the Services (such as the date and time of their visit, download information, the links they click and areas they view within the Services, game metrics and usage data, and other standard server log information). We collect additional information when the Services crash or otherwise encounter a problem, including system and driver data.

We collect, use, and disclose a minor’s information to:

• Provide the Services and deliver requested products and information.
• Deliver emails, push notifications, text messages, alerts, and other communications about our Services and the products of our third-party partners, consistent with the minor’s choices (and parent’s, where applicable under applicable law).
• Customize and deliver the content a minor sees when using the Services, consistent with the minor’s choice (and parent’s, where applicable under applicable law).
• Link the different devices that the minor and/or their parent might use to analyze the minor’s use of the Services and otherwise provide and improve the Services.
• Analyze and address prohibited activities, including by assisting our efforts in policing users who may develop or use hacks or cheats to gain advantage over other users of the Services, and to otherwise enforce our Terms of Service and End User License Agreement.
• Analyze, develop, and improve the Services and new products and services, including by conducting and delivering surveys, polls, and research.

Nexon’s legal bases to process information for these purposes include:

• Nexon’s legitimate interests, including those described above and as necessary to provide the Services.
• Compliance with Nexon’s legal obligations.
• The performance of the Terms of Service and End User License Agreement between Nexon and the user.
• Carrying out the obligations and exercising rights under applicable law.
• Where applicable, on the basis of the consent of users which may subsequently be withdrawn at any time by contacting us, without affecting the lawfulness of processing based on consent before its withdrawal. We rely on consent for certain use of certain Cookies, the combination of data across devices, and international transfers of personal information. For more information on how you can provide or withdraw your consent, see Section V. (Your Choices).

We limit when we disclose the information we collect from minors, under the following circumstances:

Business Partners. We disclose information to third-party partners and service providers, including platform services, game developers, game publishers, game console providers, customer support services, and cloud storage and hosting providers, to help us provide and improve the Services and operate our business. For more information about these business partners, please contact us.

Within Nexon. We may disclose a minor’s information among Nexon companies for legal purposes, in connection with a corporate transaction, or with consent of the minor or a parent (subject to applicable law).  If a minor accesses our Services through third-party devices or platforms, these third parties may be able to collect and process information about the minor, including information about their activity on the Services, and they may notify the minor’s connections on the third-party services, in accordance with their own privacy policies.

A minor’s profile, including their username and the picture that they may provide, and information about their activities on the Services may be visible to other users of the Services. For example, their game results, scores, and profile information may be viewed by other users of the Services.

For users in the United States, we do not knowingly collect or sell personal information from minors who are under the age of 13 without parental consent or unless permitted by applicable law.  In such circumstances, parents have the right to review or delete personal information we collect from their minor children under the age of 13 and to withdraw parental consent that they have provided.  To exercise these rights, contact us by emailing NA_privacy@nexon.com.  We may request additional personal information to verify your identity as the parent of your child before responding to your request.

For users in the rest of the world (including European Union, European Economic Area and United Kingdom): Where required under applicable law, parents or guardians may exercise the rights that their child may have in relation to their personal information (see Section V. (Your Choices)). For example, subject to applicable law, parents may have the right to review their child’s personal information, direct us to delete such child’s personal information, and may refuse to allow any further collection or use of such child’s personal information (in all cases, subject to the requirements and restrictions set out in applicable law). Please keep in mind that a request to delete records may lead to a termination of Services. In some jurisdictions, minors may also exercise their data protection rights directly.

VIII. HOW WE SECURE AND HOW LONG WE STORE INFORMATION

We maintain reasonable and appropriate physical, electronic, organizational, and procedural safeguards to protect your information. While we take reasonable precautions against possible loss, misuse, or unauthorized access, no storage system or transmission of data over the Internet can be guaranteed to be secure. Data we collect will be retained only for so long as reasonably necessary for the purposes set out above, unless applicable law requires otherwise. Please note that information collected by third parties may not have the same security protections as information you submit to us, and we are not responsible for protecting the security of such information, unless we are considered a responsible controller in relation to the processing of such information.

IX. INTERNATIONAL DATA TRANSFERS

Information we collect may be transferred to countries outside your home country such as Korea, Japan, and the United States for the purposes set out in this Privacy Policy. You understand that some of these countries, including the United States, may not provide the same level of data privacy protection as in the European Union/European Economic Area or your home country. We will transfer your personal information where necessary to provide the Services and perform the contract you entered into with us.  If we need to transfer your personal data to another country that may not provide the same level of privacy protection as in your home country, we will apply necessary safeguards and security measures regarding transfers, as required by applicable law.  Where applicable data protection law provides for the use of EU-approved Standard Contractual Clauses or other transfer agreements to lawfully transfer data abroad, we generally rely on such clauses for our transfers unless other transfer grounds are more appropriate. Depending on applicable law, you may ask for a copy or information about these transfer mechanisms by contacting us at the contact details below.

X. CHANGES TO THIS PRIVACY POLICY

We may make changes to this Privacy Policy, in which case we will notify you before such changes take effect by posting the updated policy through the Services or otherwise in accordance with applicable law. Any changes to this Privacy Policy will take effect after a reasonable time period as specified in the notice of such changes.

XI. CONTACT US

The privacy and security of your information is a top priority. If you have any questions or concerns about this Privacy Policy or our information practices, please contact the publisher for the particular Nexon Service, which is the data controller responsible for your information:

European Union 

VeraSafe has been appointed as Nexon's representative in the European Union/European Economic Area for data protection matters, pursuant to Article 27 of the General Data Protection Regulation of the European Union. If you are located in the European Union/European Economic Area and your inquiry relates to the processing of personal data, please contact VeraSafe at:

VeraSafe Czech Republic s.r.o
Klimentská 46
Prague 1, 11002
Czech Republic

Contact form: https://www.verasafe.com/privacy-services/contact-article-27-representative

You have the right to lodge a complaint with a data protection authority if you believe that our processing of your personal data violates applicable data protection laws. This right applies, for example, if you are located in the European Union/European Economic Area or in the United Kingdom.  A list of European Union/European Economic Area Union data protection authorities and their contact details can be found at: https://edpb.europa.eu/about-edpb/about-edpb/members_en.

United Kingdom

VeraSafe has been appointed as Nexon's representative in the United Kingdom for data protection matters, pursuant to Article 27 of the United Kingdom
General Data Protection Regulation. If you are located within the United Kingdom and your inquiry relates to the processing of personal data, please contact VeraSafe at:

VeraSafe United Kingdom Ltd.
37 Albert Embankment
London SE1 7TL
United Kingdom

Contact Form:  https://verasafe.com/public-resources/contact-data-protection-representative

You can also bring any issues or concerns you have regarding your personal data to the attention of the Information Commissioner’s Office, which is the relevant supervisory authority in the United Kingdom. 

ADDENDUM

U.S. RESIDENTS: STATE PRIVACY DISCLOSURES

Please click here to review additional disclosures required under state-specific privacy laws, as applicable.

USERS OF EMBARK SERVICES: EMBARK PRIVACY INFORMATION

This Embark privacy information addendum ("Addendum") describes Embark’s processing of personal data when you play games and Apps published by Embark. This Addendum applies in addition to the Nexon Privacy Policy above and replaces or supplements the corresponding sections in the Nexon Privacy Policy. Any capitalized terms used herein shall have the same meaning as under the Nexon Privacy Policy.

Supplement to Section II (How We Use Information)

In a deviation from the legal basis matrix linked in Section II of the Nexon Privacy Policy, the below matrix sets out the purposes for which Embark processes your personal data, the categories of personal data we process, and the legal basis for processing your personal data.

The provision of personal data is necessary for us to be able to provide you with the game, maintain and update the game, provide you with support and further develop our game. We collect personal data directly from you and, from third party platforms providers such as Discord, Steam and Epic. We will also process game telemetry data from your game sessions indicating, for example, how your avatar has moved and interacted in the game, which we do not consider to be personal data.

Supplement to Section III (When Information Is Disclosed)

In addition to the recipients listed in Section III of the Nexon Privacy Policy, Embark discloses your personal information to the following recipients:

• Business Partners. In order for us to be able to fulfill our commitments, we transfer personal data to suppliers of Embark, in particular our service providers of various IT-services. The suppliers that Embark discloses personal data to will only process the personal data for the purposes mentioned in this Addendum. Embark has entered into data processing agreements with its suppliers that meet the requirements of applicable data protection legislation.

For the management of support requests, Embark is currently using Keywords and Helpshift as support ticket systems to allow you to send a support request and forward it to Embark for management. We also utilize Keywords for management of the support service. As mentioned, Embark and the suppliers have entered into a data processing agreement, ensuring that your data is only being processed on behalf of Embark and according to the information above.

Embark is currently using AWS services for an email management solution used to send you verification emails and communication. We also utilize Mailchimp and Google for similar purposes. As mentioned, Embark and the suppliers have entered into a data processing agreement, ensuring that your data is only being processed on behalf of Embark and according to the information above.

For the avoidance of doubt, Embark will not sell your personal data, use it to market any products not distributed by Embark or communicate with you in a manner that is contrary to your preferences as communicated by you.

• Third party platforms. If you chose to connect third party platforms to your Embark account, we will disclose your Embark ID and chosen display name with the connected third party platform providers, in order to fulfil your connection request. The third party platform providers will process your personal data as data controllers in accordance with privacy notices of the relevant provider.
• Other third parties. Embark may cooperate with third parties for the management of marketing events and other initiatives such as creator programs. The third party provider will process your personal data as data controller in accordance with its privacy policies and notices.

Supplement to Section VIII (How We Secure And How Long We Store Information)

In a deviation from Section VIII of the Nexon Privacy Policy, we will process the personal data only as long as necessary for the purposes set out above, for the duration of our relationship with you and for a maximum period of one year thereafter. Technical reports are deleted after 90 days.  After that Embark will only process your personal data for such time as may be required to comply with local legal obligations, to satisfy legal requirements in the event of an actual, threatened or anticipated dispute or claim or to protect our rights.

The content on how we secure your personal information is the same as that set forth in Section VIII of the Nexon Privacy Policy.