END USER LICENSE AGREEMENT
IMPORTANT, PLEASE READ CAREFULLY
BY EITHER REMOVING THE SHRINK WRAP AND/OR JEWEL CASE SEAL OR DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THIS SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS:
1. END USER LICENSE AGREEMENT.
A. This end-user license agreement (“EULA”) is a legal agreement between you (hereinafter sometimes referred to as “you,” “End User” or “Licensee”) and Torn Banner Studios, Inc. (“Torn Banner”) for the Torn Banner software product accompanying this EULA, which includes video game-related software and may include associated media, printed media, and on-line or electronic documentation (collectively, “Software Product”). Without limiting the foregoing, the term “Software Product” also includes: (i) any and all contents, components, attachments, software, media, and code with which this EULA is provided and delivered, whether via a Website (as defined below), tangible media or any other delivery method; (ii) any and all game design, characters, images, graphics, photographs, art, art work, clip art, text, fonts, music, sounds, voices or other sensory content (the “Game Content”); (iii) any and all related explanatory written materials and instructions, and any other possible documentation related thereto (“Documentation”); and (iv) and any and all upgrades, modified versions, patches, corrections, updates, additions, extensions, expansion packs, add-ons, DLC and copies of the Software Product (the “Upgrades”) provided to you by Torn Banner, or authorized licensees of Torn Banner. B. If you do not agree to the terms of this EULA, you should not install, copy, download or use the Software Product and in which case you should contact your vendor regarding its return policy. If you are purchasing this Software Product from a Torn Banner or third party distributor website (a “Website”) and do not agree, please press “disagree/decline.” You agree that your use of the Software Product acknowledges that you have read this EULA, understand it, and agree to be bound by its terms and conditions, and that you represent and warrant that you are an adult and are either accepting this EULA on behalf of yourself or on behalf of your child or ward, as the case may be. If you have not attained the age of majority, you must obtain the necessary permission in the form required by law from your parents or other legal representatives. No child under the age of 13 is allowed to play the Software Product.
It is hereby understood and agreed that, as between you and Torn Banner, Torn Banner is the owner of all right title and interest to the Software Product, regardless of the media or form of the original download, whether online, by disk or otherwise. You, as licensee, through your downloading, installing, copying or use of this Software Product do not acquire any ownership rights to the Software Product.
A. The Software Product is licensed, not sold, to you by Torn Banner for use only under the terms and conditions of this EULA. The Software Product is protected by copyright and trademark laws and international copyright treaties, as well as other intellectual property laws and treaties. The rights granted herein are limited to Torn Banner’s and its licensors’ intellectual property rights in the Software Product and do not include any other patents or intellectual property rights. The Software Product may contain license management software (also known as digital rights management software) that restricts your use of the Software Product. B. In the event Torn Banner, in its sole discretion, elects to provide any Software Product-related services or in-game features to you directly in the future, such services and features may be subject to further terms and conditions set forth in an updated or separate EULA. C. The Software Product requires an Internet connection to play the Software Product, access Internet-based features, authenticate the Software Product, and perform other functions.
4. EULA FOR UPGRADES.
The terms of this EULA will govern any Upgrades provided by Torn Banner that replace and/or supplement the original Software Product, unless such Upgrade is accompanied by a separate license in which case the terms of that license will govern.
5. GRANT OF LICENSE AND RESTRICTIONS.
A. Subject to your agreement to and continuing compliance with this EULA, Torn Banner hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable end user license to: (i) install the Software Product on the local hard disk(s) or other permanent storage media of one (1) computer or other game play device solely owned by you or under your legitimate control (such computer/game play device sometimes referred to herein as a “Unit”); and (ii) use the Software Product for your non-commercial entertainment purposes only.
B. Unless provided otherwise in the Documentation, you shall not display, modify, reproduce or distribute any Game Content, or portion(s) thereof, included with or relating to the Software Product, if any. Any such authorized display, modification, reproduction and distribution shall be in full accord with this EULA and Documentation. Under no circumstances will your use, display, modification, reproduction and distribution of the Game Content or Software Product give you any intellectual property or proprietary rights in the Game Content or Software Product or in any logos and/or trade or service marks of Torn Banner. All right, title, and interest in and to the Software Product belong solely to Torn Banner and its licensors.
C. You shall not:
C.i. Copy or reproduce, auction, loan, lease, rent, sublicense, gift or transfer the Software Product;
C.ii. Electronically transfer the Software Product through a LAN (local area network) or file sharing network; or
C.iii. Modify, adapt, translate, or create derivative works based on the Software Product or any accompanying materials.
Any use of the Software Product in violation of these limitations shall be regarded as an infringement of Torn Banner’s copyrights and/or other rights in and to the Software Product.
D. By accepting the terms of this EULA, you further agree that you shall not, under any circumstances:
D.i. Use, develop, distribute or sell cheats, automation software (bots), hacks or any other unauthorized third-party software designed to modify the Software Product;
D.ii. Exploit the Software Product or any of its parts for any commercial purpose, including without limitation: (a) use at a cyber café, computer gaming center or any other location-based site; or (b) performing in-game services in exchange for payment outside the Software Product, e.g., power-leveling;
D.iii. Remove, disable or circumvent any security protections such as digital rights management, proprietary notices or labels contained on or within the Software Product; or
D.iv. Use any obscene, pornographic, provocative or racist language or material in the Software Product or on the Forums (as defined below) relating to the Software Product.
Any use of the Software Product in violation of these limitations will be regarded as a breach this EULA and will be pursued to the fullest extent permissible under applicable law.
6. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
A. From time to time, at Torn Banner’s sole discretion, Torn Banner may provide you with support services related to the Software Product (“Support Services”). Torn Banner reserves the right to alter, suspend, and terminate the Support Services at any time and for any reason. You can contact Torn Banner for Support Services at: [email protected].
B. Any supplemental software, code, content, or media provided to you in the course of Support Services shall be considered part of the Software Product and subject to the terms and conditions of this EULA.
C. You shall not modify, sublicense, assign, or transfer the Software Product or any rights under this EULA, except as expressly provided in this EULA. Any attempt to otherwise sublicense, assign, or transfer any of the rights, duties, or obligations shall be void.
D. Torn Banner shall have the right, at any time, without notice to you to: (i) unilaterally suspend or modify the Software Product process and the Software Product conditions; (ii) modify or delete any information, including statements and declarations, posted by you on chats relating to the Software Product or on forums through which you can communicate with other users of the Software Products (such chats and forums, collectively, the “Forums”); (iii) improve or modify the Software Product, or any of its parts; and (iv) modify the hardware or system requirements to run the Software Product. Torn Banner shall never be liable if the hardware or software performance of your Unit prevents the Software Product from working, even if your Unit meets the minimum hardware or system requirements for the Software Product.
E. You agree to take appropriate measures to ensure the safety of your Platform Account and passwords and to prevent unauthorized use of these by a third party.
F. The Unit on which you play the Software Product must meet minimum system requirements. You acknowledge that the Software Product may contain additional software and/or middleware (“Required Software”) that are necessary to play the Game, and that said Required Software may be installed on your Unit when you install the Software Product.
7. COLLECTION AND USE OF INFORMATION.
A. This EULA is effective until terminated. Licensee may terminate it at any time by destroying the Software Product, including without limitation all copies, full or partial, and removing all of its component parts. Torn Banner may terminate this EULA at any time for any reason. The term of this EULA runs concurrently with the period during which Licensee uses and retains the Software Product. If the Software Product is transferred (to the extent allowed under this EULA), the EULA is transferred with it.
B. Your rights under this EULA will terminate automatically without notice from Torn Banner if you fail to comply with any term(s) or condition(s) of this EULA. In such event, no notice shall be required by Torn Banner to effect such termination.
C. Upon termination of this EULA for any reason, you shall cease all use of the Software Product and destroy all copies, full or partial, together with all modifications, printed or written materials, and merged portions in any form and remove all component parts of the Software Product which have been downloaded onto your Unit.
9. INTELLECTUAL PROPERTY RIGHTS.
A. As between you and Torn Banner, Torn Banner shall retain and own all right, title, and interest, including without limitation any and all copyrights, trademarks and other intellectual property rights of any kind, in the Software Product and all elements thereof and any modifications or improvements made thereto, including without limitation any Game Content, Upgrades, updates and Documentation.
B. You acknowledge Torn Banner’s exclusive rights in the Software Product and that the Software Product is unique and original to Torn Banner and that Torn Banner is owner thereof. Unless otherwise permitted by law, you shall not, at any time during or after the effective Term of the EULA, dispute or contest, directly or indirectly, Torn Banner’s exclusive right and title to the Software Product or the validity thereof.
C. You shall not attempt to develop any software product that contains the “look and feel” of the Software Product.
D. You hereby expressly agree not to extract information, reverse engineer, disassemble, decompile, or translate the Software Product, or otherwise attempt to derive the source code of the Software Product, except to the extent allowed under any applicable law. In the event that such activities are permitted by applicable law, any information you, or your authorized agent, discover shall be promptly disclosed to Torn Banner and shall be deemed the confidential information of Torn Banner.
E. This section shall expressly survive the termination or expiration of this EULA.
10. USER GENERATED CONTENT
The Software Product may allow you to create certain content (“User Generated Content”), including without limitation maps, levels, screenshots, weapons, armor and other content. In consideration of your use of the Software Product, and to the extent that your User Generated Content gives rise to any copyright interest, you hereby grant Torn Banner an exclusive, perpetual, irrevocable, royalty-free, fully transferable, and sub-licensable worldwide right and license to use your User Generated Content in any way and for any purpose in connection with the Software Product and related goods and services, including without limitation, the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your User Generated Content without any further notice or compensation to you of any kind. You hereby waive and agree never to assert any moral rights of paternity, publication, reputation, or attribution with respect to Torn Banner’s and other players’ use and enjoyment of such User Generated Content in connection with the Software Product and related goods and services under applicable law. Torn Banner is under no obligation to use, distribute or continue to distribute User Generated Content, and you understand that Torn Banner may restrict, or remove, your User Generated Content for any reason. You represent and warrant that the User Generated Content, and your grant of rights in such User Generated Content, does not violate any applicable contract, law or regulation, and that the User Generated Content is your original work and does not infringe any third party’s intellectual property rights or any other rights. Torn Banner specifically disclaims any liability with regard to User Generated Content. This provision shall survive any termination of this EULA.
Anyone who believes that their original work has been reproduced as User Generated Content through one of our Software Products in a way that constitutes copyright infringement may notify us by sending an email to [email protected].
11. EXPORT LAW ASSURANCES.
Any download, installation or use of the Software Product involves products and/or technical data
that may be subject to Canadian export or import regulations and may be subject to export or import regulations in other countries. By downloading, installing or otherwise using any Software Product, you are agreeing to comply strictly with all such regulations. You may not export or import the Software Product except as authorized by Canadian law and the laws of the jurisdiction in which the Software Product was obtained.
12. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE PRODUCT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, AND ACCURACY IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE PRODUCT IS PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND TORN BANNER AND TORN BANNER’S AFFILIATES (COLLECTIVELY REFERRED TO AS “TORN BANNER” FOR THE PURPOSES OF SECTIONS 12 AND 13) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE PRODUCT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TORN BANNER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE PRODUCT, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE PRODUCT WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TORN BANNER OR A TORN BANNER AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PRODUCT PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
13. LIMITATION OF LIABILITY.
A. Torn Banner does not accept liability for: (i) any possible criminal actions committed by End User; (ii) statements of End User, made or published in the Software Product or on the Forums relating to the Software Product, or End User’s behavior in the Software Product, including the conduct, manner and ideology of the in-game characters managed by End User, any actions of in-game characters in the Software Product, and/or any disrespect for other end users and their in-game characters; (iii) End User’s inability to access his/her platform Account (e.g., as the result of End User’s loss of login, password and other information required for participation in the Software Product); or (iv) the loss of End User’s in-game services, including in-game currencies and virtual items.
B. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TORN BANNER, ITS AFFILIATES OR LICENSEES, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR DEFECT IN OR CAUSED BY THE SOFTWARE PRODUCT, INCLUDING BUT NOT LIMITED TO COMPROMISING THE SECURITY OF YOUR UNIT, OPERATING SYSTEM OR FILES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF TORN BANNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, TORN BANNER’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR REPLACEMENT OF THE SOFTWARE PRODUCT WITH PRODUCT OF COMPARABLE RETAIL VALUE, AS TORN BANNER MAY ELECT IN ITS SOLE DISCRETION. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN PART OR WHOLE.
14. DEFECTS AND SECURITY WARNING.
A. WITHOUT LIMITING THE FOREGOING, TORN BANNER DOES NOT ENSURE CONTINUOUS, ERROR-FREE, SECURE OR VIRUS-FREE OPERATION OF THE SOFTWARE PRODUCT.
B. WARNING: BY INSTALLATION AND/OR USE OF THE SOFTWARE PRODUCT, YOU MAY BE INSTALLING INTO YOUR UNIT SOFTWARE THAT IS ALLEGED OR MAY BE ALLEGED TO COMPROMISE THE SECURITY OF YOUR UNIT, ITS OPERATING SYSTEM AND FILES. IF AT ANY TIME YOU WISH TO DE-INSTALL THE SOFTWARE PRODUCT BECAUSE YOU BELIEVE THE SECURITY OF YOUR UNIT, OPERATING SYSTEM OR FILES MAY BE OR HAS BEEN COMPROMISED, YOU MAY NEED TO EXECUTE A SEPARATE ROUTINE TO DE-INSTALL THE FEATURE THAT MAY BE COMPROMISING YOUR SECURITY. DAMAGES YOU MAY RECOVER FOR ANY SUCH ALLEGED SECURITY BREACHES ARE SUBJECT TO THE LIMITATION OF LIABILITY AS SET FORTH HEREIN.
You hereby agree to indemnify, defend and hold harmless Torn Banner and its affiliates and their respective officers, employees, directors, agents, licensees (excluding you), sublicensees (excluding you), successors and assigns from and against any and all liability, costs, losses, damages, and expenses (including reasonable attorneys’ fees and expenses) arising out of any claim, suit, or cause of action relating to and/or arising from: (A) your breach of any term of this EULA; (B) your violation of any rights of any third party; or (C) your use or misuse of the Software Product or any component thereof. Your indemnification obligations set forth in the immediately preceding sentence shall expressly survive the termination or expiration of this EULA.
16. EQUITABLE REMEDIES
You agree that Torn Banner would be irreparably damaged if the terms of this EULA were not specifically enforced, and therefore you agree that Torn Banner shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this EULA, in addition to such other remedies Torn Banner may otherwise have available to it under applicable laws. This section shall expressly survive the termination or expiration of this EULA.
17. GOVERNING LAW.
This EULA will be governed by and construed in accordance with the laws of the Province of Ontario and of Canada. This EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. By agreeing to these terms and conditions, in the event of any claim you may have arising from or related to the Software Product or this EULA you agree to the exclusive personal and subject matter jurisdiction of the courts located within Toronto, Canada for making and resolving any such claims. Torn Banner reserves the right to make any claim against you and seek and be granted any legal or equitable remedy against you in any court anywhere in the world.
18. WAIVER & SEVERABILITY.
A failure on the part of Torn Banner to act with respect to a breach by you or others of this EULA does not waive Torn Banner’s right to act with respect to subsequent or similar breaches. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this EULA shall continue in full force and effect.
2. What Data Does Torn Banner Studios Collect?
3. What Data Do Third Parties Collect?
4. Where is the Data Processed & Stored?
5. Privacy Shield
6. Dispute Resolution
7. Disclosure of Data
9. California Residents
10. EEA Residents & Data Subject Rights
11. Changes to this Privacy Notice
12. Contact Us
Torn Banner Studios, Inc. (“Torn Banner Studios”, “we” or “us”) is a Canadian video game developer based in. Our headquarters are located at.
This Torn Banner Studios Privacy Notice (“Privacy Notice”) describes how Torn Banner Studios collects, uses, shares, and retains personal data that you provide to us, or that we collect, when you use any Torn Banner Studios game we create or license.
Please read this Privacy Notice carefully. If you disagree with anything in this Privacy Notice you must not provide personal data for anything through the website or use Torn Banner Studios’ games or services. By using or continuing to use the website or any of our games or services, you are accepting the terms, conditions and directions set forth in this Privacy Notice, as described below.
3. Data Third Parties Collect
We partner with several third parties to provide our games and services to you. These third parties and their role in processing your personal data are described in detail below.
3.1 Easy Anti-Cheat
Torn Banner Studios partners with Easy Anti-Cheat to identify cheaters and ban them from our games and services. Easy Anti-Cheat must process your Username and account identifier, in-game analytic data and achievement statistics, technical information about the hardware used to play the Game, such as motherboard manufacturer, CPU identifier, GPU identifier, and general performance indicators, technical information about the methods, technics, technologies or alike used in our games that may be suspected to indicate the use of methods that are considered unacceptable by Torn Banner Studios, and/or other equivalent information. Easy Anti-Cheat processes this data as part of its anti-cheating technology that helps keep our games free from cheaters and fraudulent activity. Easy Anti-Cheat cannot delete the personal data and non-personal data it collects in order to prevent any future or further cheating or fraudulent activity. For more information about Easy Anti-Cheat’s data processing activities, go to: https://www.epicgames.com/site/en-US/privacypolicy.
3.2 Platform Partners: Epic Games, Sony & Microsoft
Our games are available on platforms developed by Epic Games Store,Sony (PlayStation), and Microsoft (Xbox) (collectively, “Platform Partners”). Torn Banner Studios’s Platform Partners process your Epic Games ID, PSN online ID and/or Xbox Live ID to keep track of your Achievements/Trophies and statistics related to the level of play you achieved in a particular session and over time (as described above), and maintain a record of your in-game inventory purchases or gifts (as described above).
In-Game inventory data for items purchased, won or gifted are maintained in the Playfab service. Playfab processes your Epic Games ID, PSN online ID and/or Xbox Live ID to maintain a record of your in-game inventory purchases or gifts (as described above).
As described above, Bugsplat is a Torn Banner Studios partner that helps us analyze crashes, bugs and other interruptions of service that may occur on our games. If you experience a service interruption while playing one of our games, you will receive a notice from Bugsplat that asks whether you would like to send an error report to Bugsplat and advising you that Bugsplat must process your IP address in order to capture the error report, and Bugsplat will ask you if you would like to submit your email address. Bugsplat provides us with diagnostic information about service interruptions, and the IP address and email address collected that you have elected to disclose when you receive the error notice from Bugsplat. We use this information to help us analyze why the service interruption occurred and attempt to avoid similar crashes in the future.
4. Data Processing & Storage
Personal data processed by Torn Banner Studios is processed and stored by Torn Banner Studios in Canada. Torn Banner Studios uses reasonable physical, technical and administrative measures to safeguard all personal data it processes and prevent unauthorized access and disclosure of any personal data. Please be aware that no data transmission over the Internet can be guaranteed to be 100% secure. As a result, we cannot guarantee or warrant the security of any personal information that we process. You acknowledge that Torn Banner Studios processes your personal data at your own risk.
5. Dispute Resolution
5.1 Disputes Generally
6. Data Disclosure
6.1 Requests from Law Enforcement & National Security Issues
Torn Banner Studios may disclose information we have about you (i) if we are required to do so by law or pursuant to legal process, (ii) in response to a request from law enforcement authorities or other government officials, including to meet national security requirements, or (iii) when we believe disclosure is reasonably necessary or appropriate to prevent physical harm or financial loss in connection with an investigation of suspected or illegal activity.
6.2 Service Providers
As noted throughout this Privacy Notice, Torn Banner Studios may employ others to facilitate the website and related business functions (“Service Providers”), provide services on our behalf, perform service-related business activities, or assist us in analyzing how the website is used. These Service Providers provide us support services such as credit card processing, website hosting, email and postal delivery, analytics, marketing services, security and fraud prevention. The Service Providers have access to your personal information only to perform these tasks on Torn Banner Studios’s behalf and are obligated not to disclose or use it for any other purpose. The Service Providers are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
6.3 Corporate Transactions
We may disclose personal information to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us about our website users is among the assets transferred. You agree to and do hereby consent to our assignment or transfer of rights to your personal information.
Torn Banner Studios adheres to the Children’s Online Privacy Protection Act (“COPPA”) and does not knowingly collect personal data from children under the age of 16.
8. Notice to California Residents
This section applies only to California residents. Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), below is a summary of the “Personal Information” categories, as identified and defined by the CCPA (see California Civil Code section 1798.140 (o)), that Torn Banner Studios collects, the reason we collect the Personal Information, where we obtain the Personal Information, and the third parties with whom we may share the Personal Information.
We generally collect the following categories of Personal Information about you when you use the website, our games or services:
identifiers such as a name, address, unique personal identifier, email, phone number, your device’s IP address, software, and identification numbers associated with platforms;
commercial information such as records of products or services purchased, obtained, or considered by you;
Internet or other electronic information regarding your browsing history, search history, the webpage visited before you came to the website, length of visit and number of page views, click-stream data, locale preferences, your mobile carrier, date and time stamps associated with transactions, and system configuration information;
inferences about your preferences, characteristics, behavior and attitudes.
We generally do not collect the following categories of Personal Information about you:
protected classifications, such as gender;
audio recordings of your;
education-related information; and
For more information about the Personal Information we collect, how we collect it and details of which data, under different circumstances, please refer to sections 2 and 3 above.
We collect your Personal Information for the business purposes described in sections 2 and 3 above, including for analytics, to support your use of our forums, to provide you requested marketing materials or customer support, to store cookies, and to ensure the integrity of the website and related services. The CCPA defines a “business purpose” as the use of Personal Information for the business’s operational purposes, or other notified purposes, provided the use of Personal Information is reasonably necessary and proportionate to achieve the operational purpose for which the Personal Information was collected or another operational purpose that is compatible with the context in which the Personal Information was collected.
The categories of third parties with whom we may share your Personal Information are listed in sections 2, 3 and 6 above, and include our website, marketing, analytics, and security service providers, and law enforcement authorities when required to do so.
If you are a California resident, you have rights in relation to your Personal Information; however, your rights are subject to certain exceptions. For instance, we cannot disclose specific pieces of Personal Information if the disclosure would create a substantial, articulable, and unreasonable risk to the security of the Personal Information, your account with us or the security of our network systems. To assert your right to know or your right to delete your Personal Information, please contact us according to the “Contact Us” section below. To verify your identity, we may ask you to verify Personal Information we already have on file for you. If we cannot verify your identity from the information we have on file, we may request additional information from you, which we will only use to verify your identity, and for security or fraud-prevention purposes.
Right Against Discrimination. You have the right not to be discriminated against for exercising any of the rights described in this section. We will not discriminate against you for exercising your right to know, delete or opt-out of sales.
Right to Know. You have the right to request in writing: (i) a list of the categories of Personal Information, such as name, address, email address, that a business has disclosed to third parties during the immediately preceding calendar year for the third parties’ direct marketing purposes, and (ii) the names and addresses of all such third parties. In addition, you have the right to request: (i) the categories of Personal Information we have collected about you, (ii) the categories of sources from which Personal Information is collected, (iii) the business or commercial purpose for the information collection, (iv) the categories of third parties with whom we have shared Personal Information, and (v) the specific pieces of Personal Information we hold about an individual. You have the right to request a copy of the specific Personal Information we collected about you during the 12 months before your request.
Right to Delete. You have the right to request us delete any Personal Information we have collected from you or maintain about you, subject to certain exceptions.
Right to Opt-Out of Sales. The CCPA broadly defines “personal information” and “selling” such that sharing identifiers and identifiers linked to you for a benefit may be considered a sale. You have the right to opt-out of having your Personal Information sold. We do not sell your Personal Information.
Under California Civil Code Section 1798.83 (also known as the “Shine the Light” law), Torn Banner Studios customers who are residents of California may request certain information about Torn Banner Studios disclosure of personal data during the prior calendar year to third parties. If you are a California resident and wish to make this request, please send an email to [email protected] with California Shine the Light in the subject line. You may also request this information by mail at: Torn Banner Studios ATTN: Privacy Management, Torn Banner Studios,
In addition, if you are a California resident between the age of 13 and 18 and are a registered user on the Torn Banner Studios Forum or Wiki (or participate on our blogs), you may request that we remove content or information about you that you posted by (a) submitting a request in writing to [email protected] with the subject: California SB 568, and (b) clearly identifying the content or information you wish to have removed and providing sufficient information to allow us to locate the content or information to be removed. However, please note that we are not required to erase or otherwise eliminate content or information if (i) other state or federal laws require us or a third party to maintain the content or information; (ii) the content or information was posted, stored, or republished by another user; (iii) the content or information is anonymized so that you cannot be individually identified; (iv) you do not follow the instructions posted in this Privacy Notice on how to request removal of your content or information; or (v) you have received compensation or other consideration for providing the content. Further, nothing in this provision shall be construed to limit the authority of a law enforcement agency to obtain the applicable content or information.
9. Notice to EEA Residents
9.1 General Description
For purposes of this Privacy Notice we define the EEA to include any EU member state, the European Economic Area (“EEA”), the United Kingdom, or Switzerland. EEA Residents includes any data subject located in the EEA at the time of personal data collection. EEA Residents have certain rights concerning the processing of their personal data under the GDPR.
This portion of our Privacy Notice advises EEA Residents of the applicable GDPR rights (often called “data subject rights”), and how to effectuate these rights by communicating with us.
If you are not an EEA Resident, this section of the Privacy Notice does not apply to you.
9.2 Legal Basis for Processing Personal Data
Torn Banner Studios has a legitimate interest in providing its users with a state of the art gaming experience and to allow users to participate on our forums & blogs, enter contests, complete surveys and other voluntary pursuits at the specific direction and choice of the user, without risk of fraudulent activity and with a minimum of service interruptions caused by bugs or other system failures. In providing our website, games and other services to our users we aim to collect the minimum amount of personal data necessary to achieve these goals.
The lawful basis for processing an EEA Resident’s personal data is the legitimate interests grounds described under Article 6(f) of the GDPR.
9.3 Right of Access
EEA Residents have the right to obtain from Torn Banner Studios the confirmation as to whether or not personal data concerning him or her are being processed. EEA residents may request access to the following information:
the purposes of the processing;
the categories of personal data concerned;
the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations;
where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing discussed in sections 9.4 through 9.6 of this Privacy Notice;
the existence of the right to lodge a complaint with a supervisory authority;
where the personal data are not collected from the data subject, any available information as to their source;
the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
information as to whether the personal data of an EEA resident is transferred to a third country or to an international organization and where this is the case, the EEA resident shall have the right to be informed of the appropriate safeguards relating to the transfer.
This Privacy Notice advises you as to the details of the personal data Torn Banner Studios is processing. If you need additional confirmation concerning the personal data Torn Banner Studios is processing you may request confirmation by sending an email to [email protected] with Right of Access in the subject line. The right to access is described under Article 15 of the GDPR.
9.4 Right to Rectification
EEA Residents have the right to request that Torn Banner Studios correct or “rectify” any inaccurate personal data concerning him or her. If an EEA Resident believes Torn Banner Studios has inaccurate or incomplete personal data, he or she may request rectification by sending an email to [email protected] with Right To Rectification in the subject line. Torn Banner Studios will ensure any inaccurate or incomplete data is corrected within thirty (30) days of receiving your email request. The right to rectification is described under Article 16 of the GDPR.
9.5 Right to Erasure (Right to be Forgotten)
EEA Residents have the right to request that Torn Banner Studios delete personal data concerning him or her without undue delay. Torn Banner Studios will erase personal data under the following circumstances:
The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
The EEA Resident objects to the processing pursuant to Article 21(1) of the GDPR described below, and there are no overriding legitimate grounds for the processing, or the EEA Resident objects to processing personal data for direct marketing purposes which the EEA Resident can terminate by following the instruction described here.
The personal data have been unlawfully processed.
The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
If one of the aforementioned circumstances applies, and an EEA Resident wishes to request the erasure of personal data stored by Torn Banner Studios, he or she may request erasure/deletion by sending an email to [email protected] with Right To Be Forgotten in the subject line. Torn Banner Studios will comply with the erasure/deletion request within thirty (30) days of receiving your email request. The right to erasure is described under Article 17 of the GDPR.
9.6 Right of Restriction of Processing
EEA Residents have the right to restrict Torn Banner Studios’ processing of personal data if one of the following circumstances applies:
the accuracy of the personal data is contested by EEA Resident, for a period enabling the controller to verify the accuracy of the personal data;
the processing is unlawful and the EEA Resident opposes the erasure of the personal data and requests the restriction of their use instead;
Torn Banner Studios no longer needs the personal data for the purposes of the processing, but the EEA Resident needs the personal data for the establishment, exercise or defense of legal claims;
the EEA Resident has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
Where processing has been restricted because the accuracy of the personal data is contested by the EEA Resident, such personal data shall, with the exception of storage, only be processed with the data subject’s consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
Torn Banner Studios will inform any EEA resident who has obtained restriction of processing because the accuracy of the personal data is contested by the EEA resident before the restriction of processing is lifted.
The right to restriction of processing is described under Article 18 of the GDPR.
9.7 Right to Object
EEA Residents have the right to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on Torn Banner Studios’s legitimate interest grounds for lawful data processing under Article 6(1)(f) of the GDPR and described throughout section 2 of this Privacy Notice. If you are an EEA Resident and object to the processing of your personal data, please notify us by sending an email to [email protected] with Right to Object to Processing in the subject line and Torn Banner Studios will no longer process the personal data if we cannot demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the establishment, exercise or defense of legal claims. The right to object is described under Article 21 of the GDPR.
9.8 Right to Data Portability
The right to data portability is available when the data processing activity is based on consent under Article 6(1)(a) or Article 9(2)(a) or when the data processing is necessary for the performance of a contract under Article 6(1)(b). There are not any data processing activities that occur based on any of these circumstances, so EEA Residents have no right to data portability when accessing or using any of our games, websites or other services. The right to data portability is described under Article 20 of the GDPR.
9.9 Right to Lodge a Complaint with a Supervisory Authority
If you believe that Torn Banner Studios processing of personal data infringes the GDPR, please contact us by sending an email to: [email protected] with the subject line: EEA Privacy Concern so that we can address your concerns. As described in Section 5, EEA Residents are entitled to lodge a complaint via JAMS at https://www.jamsadr.com/contact or by visiting the website at https://www.jamsadr.com/eu-us-privacy-shield. In addition, as an EEA Resident you have the right to lodge a complaint with the relevant data protection authority where you live or work, or in the place where the alleged breach of data protection law has taken place if you believe our processing of personal data infringes the GDPR. The right to lodge a complaint is described under Article 77 of the GDPR.
10. Changes to this Privacy Notice
From time to time Torn Banner Studios may need to modify this Privacy Notice to reflect changes in our business practices, data collection practices or processing activities. We reserve the right to amend this Privacy Notice at any time, for any reason, without notice to you, other than the posting of the amended Privacy Notice on our websites and games. It is strongly recommended to check our websites often, referring to the date of the last modification listed at the top. If we change the Privacy Notice in material way that adversely impacts your privacy rights, we will post a notice on our website and may send you an email notifying you of the change, if you have provided your email address to us. If you do not agree to the changes made in any amended Privacy Notice, you should discontinue your use of our website, service and games, and stop providing personal data to us prior to the time the modified Privacy Notice takes effect. If you continue using our website, services or games and provide personal data to us after the modified Privacy Notice takes effect, you will be bound by the modified Privacy Notice.
11. Contact Us
We welcome your questions and comments about Torn Banner Studios’s privacy practices. You may contact us anytime via our website located at www.tornbanner.com by email at [email protected], or as follows:
Torn Banner Studios, Inc.
772 Dovercourt Rd. Unit 200
Canada M6H 2X2
Last Modified: March 22th, 2021