agreement

End User License Agreement

Effective Date: October 21^st, 2020

IMPORTANT: PLEASE READ—BY ACESSING, USING, DOWNLOADING OR INSTALLING DeNA HK SERVICES AND/OR SOFTWARE YOU ARE AGREEING TO THE TERMS OF THIS EULA!!

IF YOU DON’T AGREE TO THIS EULA OR DO NOT POSSESS LEGAL CAPACITY TO CONTRACT IN YOUR COUNTRY—DO NOT USE, ACESS, DOWNLOAD OR INSTALL DeNA HK SERVICES AND/OR SOFTWARE!!

Introduction

Welcome, and thank you for your interest in installing, using, downloading or accessing DeNA HK’s mobile game software, automatic updates, add-ons, supplements, internet-based services and media dedicated to that software (collectively, the “Services”). By installing, using, downloading or accessing our Services you signify that you have read, understood and agree to be bound by this End User License Agreement and any additional terms and conditions, notices and disclaimers displayed in the Services (collectively, the “EULA”), and have also read, understood, and agree to be bound by the Services’ Privacy Policy (“Privacy Policy”), whether or not you are a registered user of the Services. In this EULA, “DeNA HK”, “us”, “we”, or “our” means DeNA HONG KONG LIMITED. This EULA applies to all visitors, users, and others who access the Services. All references to “you” or “your”, as applicable, mean the person who accesses or uses the Service in any manner, and each of your heirs, assigns, and successors. If you don’t agree with the EULA, please do not use the Services. If you are not an adult in your country, please do not use the Services.

Our Services and Software are updated periodically. DeNA HK in its sole discretion may or may not update the Software, but has no obligation to provide you with any updates. We reserve the right to add, change or to discontinue any part of our Software in any way, solely in our discretion.

Please review and refer to the Privacy Policy to understand the Services’ collection, use, transmission and disclosure of your personal information provided by or collected from you and the choices you have when you use the Services.

Some exceptions to the EULA may apply based on your country of residence. Any such exceptions are stated in the country-specific sections below.

If you breach the terms of this EULA, DeNA HK may take actions against you, including but not limited to terminating your account or access to the Services at any time for any reason, without notice or liability to you and in its sole discretion. You acknowledge that DeNA HK has no obligation to, and will not, reimburse or refund you for Services lost due to involuntary suspension or termination of your account.

1. Use of Services

By accessing our Services, you are warranting that you are an adult (not under the age of legal majority in the jurisdiction and instance that you access our Services) and are agreeing that you will comply with the terms and conditions of this EULA. If you are under the age of legal majority in the jurisdiction and instance that you access our Services (“minor”), we will not be able to provide to you our Services.

2. Device Usage

You represent that you own or control the device you use to access our Services (“your Device"), and understand that airtime, data, messaging, and other charges from the telecommunication service provider of your Device may apply. It is your responsibility to determine what costs apply, and to pay those costs. In addition, it is your responsibility to determine whether your Device is compatible with our Services.

DeNA HK does not make any representations, warranties, or guarantees that our Services will be compatible with, or accessible by, your Device.

3. Usage License

(a) License Grant. Subject to the terms of this EULA, DeNA HK grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the Services on a mobile device and to run such copy of the Services solely for your own personal, non-commercial purposes. All title and copyrights in and to the Services (including but not limited to any content, images, graphics, video, audio, text and other features incorporated in the Services), and any copies of the Services are protected by the copyright laws and international treaty provisions, as well as other intellectual property laws. Except as expressly permitted in this EULA or under applicable law, you may not directly or indirectly: (a) copy, modify, or create derivative works based on the Services or any accompanying materials therein; (b) distribute, transfer, sublicense, lease, lend, or rent the Services or any accompanying materials therein to any third party; (c) reverse engineer, decompile, or disassemble the Services or any accompanying materials therein (Any such modification shall remain the exclusive property of DeNA HK) ; or (d) make the functionality of the Services available to multiple users through any means. You agree to hold in the strictest confidence all code and other technical elements of the Services and Software. DeNA HK reserves all rights in and to the Services not expressly granted to you under this EULA.

With the exception of third-party materials and user-generated materials as addressed below, all content of our Services, including but not limited to user accounts, virtual items, virtual currency, text, photographs, images, graphics, designs, trademarks, audio, video, games, applications, items, software and files (“DeNA HK Content”) is proprietary of DeNA HK and its licensors. DeNA HK hereby grants you a limited, non-exclusive, non-transferrable, non-sublicensable, and revocable license to run, reproduce and display DeNA HK Content on your Device solely for your personal and non-commercial use.

Except as permitted by this EULA, you may not copy, modify, translate, distribute, transmit,reveal, report, publish, republish, perform, display, post, download, upload, frame, make available, lend, hire, communicate to the public, adapt, or sell any DeNA HK Content. Any unauthorized use of DeNA HK Content may violate our copyright, trademark, patent, trade secret, or other applicable rights and will result in the termination of this license. Except only as expressly set forth in this EULA, this EULA does not grant to you any license to any intellectual property rights or other proprietary rights.

(b) Compliance with Third-Party Terms. This grant of license is conditional on your compliance with the terms and conditions of use of third parties as may be applicable to your use of our Services, including the terms and conditions of any mobile application storefront/marketplaces of our Services.

(c) No Sale. You agree that our Services and any DeNA HK Content are at all times licensed and not sold under any circumstances.

4. Virtual Items and Virtual Currency

DeNA HK owns, has licensed, or otherwise has the rights to use all DeNA HK Content appearing or originating in our Services, including, virtual items ("Virtual Items") and virtual currency (collectively, the “Virtual Currency”). Virtual Items and Virtual Currency are provided solely for your personal and non-commercial use. They may only be used in our Services: they have no “real world” value, monetary or otherwise, and are non-redeemable and non-transferable outside the Services. Any balance of Virtual Items or Virtual Currency does not reflect any stored value and you agree that Virtual Currency and Virtual Items have no monetary value and do not constitute currency or property of any type. By purchasing or receiving Virtual Items and Virtual Currency, all that you receive is a limited license to use them in our Services by the terms of this EULA; Virtual Items and Virtual Currency are not your personal property and no ownership interest in them is transferred to you.

Virtual Currency may be redeemed only for Virtual Items for use in the Services, and can never be sold, transferred, redeemed or exchanged for “real” money, “real” goods, or “real” services from us or anyone else. You agree that you will only obtain Virtual Currency and/or Virtual Items from us and through means provided by us, and not from any third party unless expressly authorized by us. Once you acquire a license to Virtual Currency or Virtual Items, you may not transfer them to another individual or account. Any such sale, transfer, or exchange (or attempt to do so) is prohibited, and considered as a violation of this EULA and may result in cancellation of such Virtual Currency or Virtual Items or the termination of your User account.

During the term of your license to your Virtual Currency, you may redeem your Virtual Currency for selected Virtual Items. As set forth below, all Virtual Currency, Virtual Items, and other DeNA HK Content is provided “as is” and “as available”, without any warranty. You agree that all sales by us to you of Virtual Currency and Virtual Items are final and that we will not permit exchanges or refunds for any unused Virtual Currency or Virtual Items once the transaction has been made.

Generally, we have the right to offer, modify, eliminate, and/or terminate User Account, Virtual Currency, Virtual Items, the DeNA HK Content, and/or the Services, or any portion thereof, at any time for any reason, without notice or liability to you and in its sole discretion. If we discontinue the use of Virtual Currency or Virtual Items, we will generally provide a non-binding advance notice to you by posting a notice through the Services or through other communication methods.

5. Orders and Payment

(a) Orders. You may purchase, with “real world” money, a limited license to access our Services (where our Services is made available for a fee) and/or limited licenses to use Virtual Items or Virtual Currency (collectively, the “Access”), and you agree that all Access purchases are final. If you order Access that becomes unavailable before it can be provided to you, your only remedy is to request a refund of the purchase price from the payment processor.

Your orders for Access are offers for use of that Access content, and if accepted that Access content will be immediately downloaded to your account. You expressly consent to making available of that Access content immediately upon our acceptance of your order for Access, resulting on a complete and irreversible transaction between you and DeNA HK. If you are a resident of the European Economic Area (“EEA”) and you purchase Access from us, the right to withdraw from such purchases within 14 days of the date of purchase (“Cooling Off Period”) may be available to you; however, this right of withdrawal will not apply where our performance begins before the end of the Cooling Off Period. Therefore, you expressly agree and understand that if you order Access from us, your right of withdrawal is forfeited upon acceptance as performance begins immediately on your acceptance and you understand and agree that DeNA HK provides no refunds whatsoever for any purchases.

(b) Charges, Taxes. You are responsible for and will pay all fees, charges, and applicable taxes incurred by you or anyone using a game account registered to you. Note also that you may be charged use, VAT, sales, or like tax on your orders as applicable.

6. Third-Party Content and Services

(a) Links to Content. Our Services may contain links to third-party websites, and content (including without limitation text, photographs, images, graphics, designs, audio, video, games, applications, software, and files) owned by, or originating from, third parties. DeNA HK is not responsible for the accuracy, appropriateness, or completeness of, or the opinions expressed, or views espoused on or in, such websites or content, and DeNA HK does not necessarily monitor or investigate such websites or content or verify the accuracy, appropriateness, or completeness of such websites or content, and disclaims any liability for any aspects of any websites you access via direct access or access through our Service or Software functionality. DeNA HK's inclusion of any linked website or third-party content in connection with our Services does not imply approval or endorsement of such website or content by DeNA HK. If you follow a link to a third-party website or content, or otherwise access or use such a website or content, you do so solely at your own risk, and the Privacy Policy and other policies and practices do not apply to any information gathered by such third party.

(b) Advertising. DeNA HK takes no responsibility for third-party advertisements or third-party applications that are posted on or through our Services or goods or services provided or promoted by any third party through third-party advertisements through our Services, nor does it take any responsibility for goods or services provided by its advertisers. DeNA HK is not responsible for the conduct, whether online or offline, of any user of the Services. Reference to any products, services, content, or other information, whether by trade name, trade mark, service mark, manufacturer, supplier, or otherwise does not constitute or imply sponsorship, endorsement, or recommendation by DeNA HK.

(c) Third-Party Services. Our Services may provide direct integration/access or the option to services of third parties (“Accessed Services”). The above paragraphs (a) and (b) apply equally to Accessed Services. Further, you agree that you shall follow any Accessed Services’ terms and conditions for users of its content and/or services.

7. User—Generated Content

(a) Your Responsibility. You may not post, transmit, store, or share any User Content that is not an original work of authorship by you or for which you do not have rights or permission to do so. You are fully and solely responsible for all text, photographs, images, graphics, designs, audio, video, games, applications, software, files, user profiles, messages, and other content (collectively, the “User Content”) that you post, transmit, or share, and you are fully and solely responsible for creating backup copies of any User Content and for replacing any User Content to the extent you desire to do so and the replacement is consistent with this EULA.

(b) Ownership and License — How We May Use Your Content. Subject to the following license between you and DeNA HK, you retain ownership of all of your rights in the User Content. By posting, storing, or transmitting any User Content, you (i) authorize DeNA HK to reproduce, distribute, transmit, and use such User Content as necessary to facilitate the posting, storage, transmission of, and the access to, such User Content; and (ii) grant to DeNA HK a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid, transferable, and sublicensable license to use, reproduce, distribute, publicly perform, publicly display, reformat, translate, excerpt, modify, and create derivative works of your User Content for any purpose (commercial or non-commercial). You may request removal of any of your User Content from our Services at any time, in which case the foregoing license will terminate with regard to future use after we remove it; however, DeNA HK may retain archived copies of your User Content for as long as is necessary for administrative purposes, and, if DeNA HK has used your User Content prior to removal, DeNA HK may continue to use your User Content in any manner DeNA HK previously had used such content unless privacy laws applicable to you provide otherwise. (For example, if your User Content was included in an advertisement, DeNA HK may continue to use such advertisement.)

(c) No Liability for User Content. DeNA HK has no liability to you for User Content, and makes no representations or warranties, express or implied, as to or the accuracy, reliability, or content of User Content. Such User Content does not necessarily reflect the opinions, positions, or policies of DeNA HK. Although DeNA HK provides rules and principles for user conduct and postings, DeNA HK does not control, and has no liability to you or anyone for, what users post, transmit, or share, or any other forms of User Content. Further, DeNA HK has no liability to you for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter or access.

8. User Conduct

(a) General. You may use our Services solely for your personal and non-commercial use.

You represent, warrant, and agree that:

· You will not use our Services in an unlawful, threatening, or harassing manner, or take any action that, in DeNA HK's sole discretion, is considered offensive, libelous, defamatory, immoral, objectionable, or unethical or that is otherwise inconsistent with the standards of the relevant community and good conduct that DeNA HK intends to govern the use of our Services;

· You will not submit inaccurate, misleading, or inappropriate Content, including but not limited to data submissions, edits, or removal requests;

· All registration information provided by you as part of the account creation or login process is accurate and truthful;

· You are responsible for maintaining confidentiality of your login information and are fully responsible for all activities that occur on your account;

· You will notify DeNA HK of any unauthorized use, or suspected unauthorized use of your account or any other breach of security;

· DeNA HK cannot and will not be liable for any loss or damage arising from your failure to comply with the requirements of using the Services;

· You have the full requisite power and authority to grant the rights referred to under Section 7 of this EULA in respect of User Content; and

· You are responsible for obtaining and maintaining any licenses required for use of User Content uploaded by you (including but not limited to payment of any license fees).

In addition to the above, you agree not to do any of the following in connection with our Services or Accessed Services:

· Post, upload, publish, submit, or transmit any text, graphics, images, software, music, audio, video, information or other material or content that:

o infringes, misappropriates, or violates a third party's rights (including but not limited to intellectual property rights);

o violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;

o is fraudulent, false, misleading, or deceptive;

o is defamatory, obscene, pornographic, vulgar, or offensive;

o promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;

o is violent or threatening or promotes violence or actions that are threatening to any other person;

o promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances); or

o is harmful to minors;

· Use, display, mirror, frame, or utilize framing techniques to enclose any content, or any individual element or materials of any content, any name or trademark, logo, or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without express written consent;

· Access, tamper with, or use non-public areas of any system, software, or network;

· Attempt to probe, scan, or test the vulnerability of any system, software, or network or breach any security or authentication measures;

· Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure;

· Attempt to access or search Services or content, or download content, through the use of any engine, software, tool, agent, device, or mechanism (including but not limited to spiders, robots, crawlers, data mining tools, or the like) other than the software and/or search agents provided by the Services or other generally available third-party web browsers (such as Google Chrome, Microsoft Internet Explorer, Mozilla Firefox, Apple Safari, or Opera);

· Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation;

· Use any meta tags or other hidden text or metadata utilizing any trademark, logo URL, or product name without express written consent;

· Use any services or content for any commercial purpose or the benefit of any third party;

· Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way any services or content to send altered, deceptive, or false source-identifying information;

· Attempt to decipher, decompile, disassemble, or reverse engineer any software used to provide services or content;

· Interfere with, or attempt to interfere with, the access of any user, host, or network, including, but not limited to sending a virus, overloading, flooding, spamming, or mail-bombing;

· Collect or store any personally identifiable information from any service, or from other users of services, without express permission;

· Impersonate or misrepresent your affiliation with any person;

· Violate any applicable law or regulation;

· Take any action that infringes or violates the rights of any other person or entity;

· Bully, harass, or intimidate any person;

· Solicit credentials from another person or collect User Content or otherwise access any system, software, or network by automated means, including but not limited to bots, robots, or spiders;

· Create an account for anyone other than yourself;

· Use your account or profile for personal commercial gain;

· Playing with multiple accounts for the same Service;

· Sharing accounts;

· Using any techniques to alter or falsify a device’s location (for example through GPS spoofing);

· Circumvent any restriction to Services based upon age, geography, or any other restrictions imposed by us;

· Selling, renting, trading or otherwise transfer your account;

· Use cheats, exploits, hacks, bots, mods, or third-party software designed to gain an advantage, perceived or actual, over other persons, or modify or interfere with any system, software, or network in any way;

· Abuse or exploit an error, bug, glitch, or other mechanism in any system, software, or network;

· Engage in any fraudulent behavior, including but not limited to credit card scams or credit card misappropriation; or

· Encourage or enable any other person to do any of the foregoing.

(b) Not Restricted Country/Party. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

(c) Legal Action by DeNA HK. DeNA HK reserves the right to investigate and take legal action against violators of this EULA, or any other app, game or site-specific terms of use as appropriate.

(d) Notification of Prohibited Acts. If you believe any of the foregoing prohibited acts are taking place, please notify us promptly at [[email protected]].

9. Content Removal & Termination

(a) Right to Remove. DeNA HK reserves the right, at any time for any reason, without notice or liability to you and in its sole discretion, to remove, reject, deny, prohibit, disable access to, or refuse to post or transmit, any User Content, and to deny, restrict, suspend, discontinue, or terminate access to our Services or Accessed Services or any portion thereof, including any accounts created, at any time with or without prior notice or explanation, for any or no reason, and without liability, including where DeNA HK determines or believes, in its sole discretion, that you have violated this EULA or to protect DeNA HK, third parties, our Services, or users of the Services from perceived harm. You acknowledge that DeNA HK has no obligation to, and will not, reimburse or refund you for Services lost due to involuntary suspension or termination of your account. Furthermore, you agree and acknowledge that DeNA HK has the right to report users to law enforcement authorities where necessary. DeNA HK reserves the right to terminate your account if there has been no account activity for more than one (1) year.

(b) Right to Monitor. You acknowledge that DeNA HK has no obligation to monitor or record your access to or use of our Services or Accessed Services, including any accounts, or to monitor, record, or edit any User Content, but agree that we have the right to do so for the purpose of operating our Services, to ensure your compliance with this EULA, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.

(c) Upon termination of any Services or your account, the following provisions of this EULA will survive: Sections 2, 3, 4, 5, 6, 7, 9, 12, 13, 14, 15, and 17 and this sentence on termination.

(d) An account that has been terminated, for whatever reason, including accidental deletion of the mobile application by the user, cannot be revived and all data, information, material and other content associated with it shall be deemed lost, inaccessible or unrecoverable with no responsibility or liability to DeNA HK.

10. Privacy

The privacy of the users of the Services is important to DeNA HK. Our Privacy Policy, which is incorporated into this EULA by reference.

11. Policy on Infringing Use

(a) Policy Statement. DeNA HK respects the intellectual property rights of others and expects its users to behave likewise. Accordingly, you may not upload, post, send, or transmit to or through our Services or Accessed Services any materials that violate third-party intellectual property rights. Further, in accordance with DeNA HK's repeat infringer policy expressed in our Copyright Infringement notice and incorporated herein by reference, it is the policy of DeNA HK to suspend, restrict, or terminate, in appropriate circumstances, subscriptions and accounts held by users who are repeat infringers. For greater certainty, the foregoing is in addition to and without limitation of anything else herein or at law, including DeNA HK's right, in its sole discretion, to cause the suspension, restriction, or termination of access to our Services or Accessed Services for users who infringe any intellectual property rights of ours or of any third party at any time, including those who are repeat infringers for the purposes of applicable law. In addition, you agree and acknowledge that DeNA HK has the right to disclose the identity of users to third parties who are claiming infringement of intellectual property or privacy rights, unless otherwise stated by applicable law.

(b) Infringement. If you believe that any copyrighted work owned by you has been copied or used in such a manner so as to constitute copyright infringement in connection with material or data provided through our Services, you may notify DeNA HK's designated copyright agent for receiving claims of copyright infringement as outlined in more detail in our Copyright Infringement notice. Please note that certain legal requirements and restrictions apply to such notices; you are encouraged to familiarize yourself with such requirements and restrictions, or to consult an attorney, before providing any notices of any kind to us in this connection.

12. Disclaimers: No Warranties

YOU EXPRESSLY AGREE THAT THE USE OF OUR SERVICES OR ACCESSED SERVICES IS AT YOUR SOLE RISK. OUR SERVICES, INCLUDING ANY CONTENT PROVIDED THROUGH OUR SERVICES AND ACCESSED SERVICES, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND DENA HK HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FURTHERMORE, DENA HK HEREBY EXPRESSLY DISCLAIM ANY LOSS OR DAMAGE CAUSED AS A RESULT OF, INCLUDING, BUT NOT LIMITED TO, ACCIDENT, ABUSE, MISAPPLICATION, VIRUSES, BUGS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL ARISING FROM A USER'S USE OF THE SERVICES, AND USERS ARE RESPONSIBLE FOR USING THEIR OWN VIRUS PROTECTION SOFTWARE.

DENA HK MAKES NO WARRANTY THAT OUR SERVICES OR ACCESSED SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. DENA HK MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, LICENSES, OR CONTENT PURCHASED OR OBTAINED THROUGH OUR SERVICES OR ACCESSED SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH OUR SERVICES OR ACCESSED SERVICES.

TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSIONS AND DISCLAIMERS OF WARRANTIES AS SET FORTH ABOVE, SOME OR ALL OF THE ABOVE EXCLUSIONS AND DISCLAIMERS MAY NOT APPLY TO YOU, IN WHICH CASE ALL WARRANTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE THAT THE DISCLAIMERS AND EXCLUSIONS CONTAINED HEREIN WILL SURVIVE ANY TERMINATION OR EXPIRATION OF YOUR ACCESS TO OR USE OF OUR SERVICES.

13. Limitation of Liability

IN NO EVENT WILL DENA HK, AND THEIR RESPECTIVE AFFILIATES OR SUBSIDIARIES, OR ITS AND THEIR RESPECTIVE DIRECTORS, CONSULTANTS, MANAGERS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS OR LOSS OF DATA, ARISING OUT OF OR RESULTING FROM YOUR USE OF ANY OF OUR PRODUCTS OR SERVICES, EVEN IF DENA HK IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, DENA HK SHALL HAVE NO LIABILITY FOR ANY DAMAGES CAUSED TO ANY HARDWARE OR BY THE COMBINATION OF OUR SERVICES AND SOFTWARE WITH ANY OTHER APPLICATION OR SOFTWARE. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, DENA HK'S MAXIMUM AGGREGATE, CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS, LEGAL THEORIES, AND CAUSES WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, IF ANY, WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED DOLLARS (100 US DOLLARS), BEING YOUR SOLE AND EXCLUSIVE REMEDY, WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM OR RELATE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR OTHER TORTS, OR ANY OTHER CLAIM OR CAUSE OF ACTION. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSIONS AND LIMITATIONS OF DAMAGES AS SET FORTH ABOVE, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, IN WHICH CASE DENA HK'S LIABILITY TO YOU WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE LIMITATIONS AND EXCLUSIONS SET FORTH HEREIN WILL SURVIVE ANY TERMINATION OR EXPIRATION OF YOUR ACCESS TO OR USE OF ANY OF OUR PRODUCTS OR SERVICES.

14. Disputes

(a) With Third Parties. You are fully and solely responsible for your interactions with third parties.

(b) Governing Law. You agree that the laws of HONG KONG, excluding its conflicts of law rules, will govern this EULA and any dispute between you and DeNA HK.

(c) Jurisdiction and Venue. You and DeNA HK agree to submit to the exclusive and final jurisdiction of, and venue in, Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted with respect to any dispute, controversy, difference or claim arising out of or relating to this EULA, between you and DeNA HK. The seat of arbitration shall be Hong Kong. You hereby waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to this choice of jurisdiction and venue. This choice of jurisdiction and venue does not prevent either you or DeNA HK from seeking injunctive relief for any violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.

(d) If you are a resident in a member state of the EEA or a country in which this clause is prohibited by local law, this section does not apply to you, and does not deprive you of the protection of the mandatory provisions of the consumer protection laws in your country.

15. Indemnity

You agree to indemnify and hold harmless DeNA HK, its respective affiliates, and its and their respective directors, managers, officers, members, employees, agents, successors, and assigns from and against any and all losses, claims, liabilities, damages, demands, costs and expenses (including reasonable attorneys' fees and costs of investigation), arising out of, or related to, (i) your use of our Services or Accessed Services; (ii) your breach of this EULA or our Privacy Policy; and (iii) your violation of any law or regulation or of any third-party rights, including any third-party intellectual property rights. The obligations set forth in this Section will survive any termination or expiration of this EULA, our Privacy Policy, or your use of our Services.

16. Changes to EULA

We reserve the right to change, revise, amend or modify this EULA at any time, in any way, solely in our discretion. If we change this EULA in a material way, we will give notice of that in the Services, on our website(https:// takt-op.com/en/), and/or by email to any email address we may have for you at that time. If you do not accept any such updated EULA you must uninstall the Software from your computer and cease and your use of our Services. Failure to uninstall the Software or your continuous access or use of our Services after we have changed the EULA will indicate that you have read, understood and agree to be bound by the updated EULA.

17. Miscellaneous

You accept this EULA by accessing, using, downloading or installing DeNA HK Services. This EULA constitutes the entire agreement between you and DeNA HK regarding your use of our Services. If any provision of this EULA is determined to be invalid or unenforceable such provision will be deemed severed from this EULA and the remaining provisions of this EULA will not be affected thereby and will continue to be binding upon you and enforceable. The failure of DeNA HK to enforce any term or insist upon strict performance of any of the provisions contained in this EULA will not constitute a waiver of our rights, at law or in equity, or a waiver of any other provisions or subsequent default by you in the performance or compliance with any of the terms and conditions of this EULA. This EULA and the license granted hereunder may not be transferred or assigned by you, and any attempted transfer or assignment will be void and ineffective. DeNA HK may freely assign this EULA and its rights and obligations hereunder without restriction. We may provide notice to you through our Services, our website, by email, or by any other means that you may inform us of.

In addition to any other limitations which may be set forth herein, DeNA HK shall not be responsible for events which are out of the control of DeNA HK and which negatively impact the performance or use of the Service and Software, such as acts by governmental authorities, acts of God or other acts no within the reasonable control of DeNA HK.

Any mobile application storefront/marketplace of our Services, and its subsidiaries, are third-party beneficiaries of this EULA, and will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof.

If you have any questions concerning our Services or this EULA, or for any product or support issues, please contact us at [[email protected]].

Privacy Policy

Effective Date: February 1^st , 2023

IMPORTANT: PLEASE READ—BY ACESSING, USING, DOWNLOADING OR INSTALLING DeNA HK SERVICES AND/OR SOFTWARE YOU ARE AGREEING TO THE TERMS OF THIS PRIVACY POLICY!!

IF YOU DON’T AGREE TO THIS EULA OR DO NOT POSSESS LEGAL CAPACITY TO CONTRACT IN YOUR COUNTRY—DO NOT USE, ACESS, DOWNLOAD OR INSTALL DENA HK SERVICES AND/OR SOFTWARE!!

In this Privacy Policy, “DeNA HK ”, “we”, “us”, or “our(s)” means DeNA HONG KONG LIMITED.

All references to “you” or “your”, as applicable, mean the person who accesses or uses the Service in any manner, and each of your heirs, assigns, and successors.

Your privacy is important to DeNA HK. We designed our Privacy Policy to cover how we collect and use your information in connection with the use, access, download or install of our mobile game software, automatic updates, add-ons, supplements, internet-based services, and media dedicated to that software (collectively, the “Services”). By using our Services, you agree and give permission to our collection and use of your information, including your personal data and information, as described in this Privacy Policy. This Privacy Policy should be read together with our End-User License Agreement (“EULA”).

So please take a moment to learn the five W's, the How, and other important matters about the information we collect and how we use it. If you have any questions, please contact us at [[email protected] ].

Contents

Please note that the short summaries set forth in the headers below are for clarification purposes only, and are detailed in the subsequent sections of this Privacy Policy.

· The What

Both non-personal information and personal data and information may be collected and used by us.

· The Why

The primary objective for our collection and use is to deliver and improve our Services.

· The When

When you provide information to us, use the Services, or register or connect with a third party account system (“Account System”) in connection with access or use of our Services.

· The How

By providing information to us directly, using the Services, or registering or connecting with an Account System in connection with access or use of our Services.

We may also use cookies and other electronic means to collect your personal data and information, but options are available to remove/disable certain cookies by the settings on your browser.

Services-related promotions may also be used by us; if you opt in, or as permitted by law, these services may include the sending of commercial electronic messages.

· The Who

We may share your information with persons who help us provide the Services, but only as necessary, and only to persons who are bound contractually to keep the information confidential, use it only to assist us in providing the Services, and protect using appropriate security safeguards.

Except only in special circumstances, we never transfer your personal data and information to advertisers or marketers for their own use without your separate consent.

We do not knowingly collect personal data and information from legal minors of your country.

· The Where

In line with this Privacy Policy, your information may be processed in Hong Kong and other countries, as necessary, where it may be subject to laws different than your home country.

· Changes to Privacy Policy

We may change, review, alter or modify this Privacy Policy, at any time for any reason, without notice or liability to you and in its sole discretion, so please check for any updates on our website (https:// takt-op.com/en/).

· Your Choices

You have certain options with respect to how your personal data and information may be used or disclosed.

· Other Important Matters

Measures are taken to safeguard information received from you, and we keep your personal data and information only during the period that we provide Service, required by law, international treaty or than is necessary for legal or legitimate business purposes.

· Information Notice for California Residents & Privacy Policy

Certain provisions of this Privacy Policy are for California residents; if you are a California resident, you should confirm if they apply to you.

The What

In the course of using our Services, you may provide us, directly and indirectly, with both personal and non-personal information. Personal data and information includes any factual or subjective information that can be used, on its own or in combination with other information, to identify you as an individual, and might include your email address, information from your Device, IP address, etc. Non-personal information is information that does not permit direct association with you, including personal data and information which has been aggregated with other users’ information such that it can no longer be attributed to any individual. Certain non-personal information would be considered a part of your personal data and information if it were combined with other identifiers (e.g., combining your zip or postal code with your street address) in a way that enables you to be identified. But the same pieces of information are considered non-personal information if they are taken alone or combined only with other non-personal information (e.g., your viewing preferences), provided the information cannot otherwise be linked or attributed back to you as an identifiable individual.

The Why

Our primary objective in collecting your information is to provide you with a superior and personally relevant user experience. To achieve this, your information may be used as follows or by requesting explicit consent where required by law:

- To help us develop, deliver (in accordance with the EULA), and improve our Services, including the following aspects of our Services:

· messaging and other communication to and with users

· the creation, updating, accessing, and maintaining of lists of friends or contacts

· transactions for and use of virtual currency and virtual items

· communication and user-interactive features

· for purposes of tracking achievements on game platforms

· where consent is necessary, the delivery and targeting of advertising in the Services

· tracking of advertisement fulfillment metrics in the Services

· authentication purposes

· recommending Services-related products or services of interest directly to you

· for market research purposes such as to send you a survey that support our efforts to deliver a more valuable service to our community of users, if we collect your personal data and information which is not listed in this Privacy Policy by a survey, we will collect and use personal data and information in accordance with the applicable laws and regulations.

· to contact you with announcements, newsletters, and promotional materials related to our Services or to offer you opportunities to participate in surveys, contests, or sweepstakes (any of these a “Promotion”) via our Services.

· to provide end-user support.

· to prevent and take measures against fraud, illegal activities, infringement of our rights or interests, or breaches of our EULA and this Privacy Policy.

· to send important notices, such as changes to our EULA, this Privacy Policy, or other Services-specific policies. Because this information is important to your interactions with us, you may not opt out of receiving these communications.

· to audit and analyze data for technical administration, to improve our Services, and for end-user communications.

The When

Your information is collected by us when you directly interact with our Services, including by filling out your user profile in our application, and otherwise through access or use of our Services via the device you use to access or use our Services (“Device”).

Your information may also be made available to us when you register with any Account System for access or use of our Services and/or permit any Account System to share any of your information with us in connection with your access or use of our Services, including account identification (“ID”), country, region, language and username, and when any changes are made to that information. By accepting an Account System's applicable terms, you agree for the Account System to make such information available to us on those terms.

When you use our Services, we collect information related to your Device as described in “The How” section below.

If you choose to participate in a Promotion, we may request that you provide us with personal data and information such as your email address or postal address in order to administer your participation in the Promotion.

The How

As already mentioned, we may collect information from you when you directly interact with our Services and otherwise indirectly through your access to or access or use of our Services.

Direct interaction may include such actions as creating a username, creating a friends' list, or similar. It may also include the sending of invites to become “friends” for the purpose of entering a battle together. We may but are not required, to collect and store the information referred to in this paragraph.

We may also collect your information from third parties who provide it to us, including other users of our Services and, as noted above, any Account System you engage with related to our Services.

As is standard practice, we do use “cookies” in connection with the Services and our website. A cookie is a small string of text placed on your Device. In addition to strictly necessary cookies that enable us to provide our Services (such as those that provide your Account System log-in status when that account ID is linked to functionality on the Services), we may use both performance-gauging and functionality-gauging cookies. Performance-gauging cookies reveal how you use the Services, for instance, which content is the most popular, how much time users are spending there, and what advertising is relevant to you, which helps us provide an optimized experience (we may engage third parties to carry out this analysis, and they may set their own “third party” cookies--see “The Who” for more). Functionality-gauging cookies enables us to remember certain choices you make in interacting with the Services, for instance, any geographic location, language, or fonts you choose, which helps us tailor the Services to your preferences. Neither performance-gauging cookies nor functionality-gauging cookies collect information in any way that personally identifies you.

Except for cookies strictly necessary to enable us to provide our Services and our website, you have the option to disable cookies stored on your browser by changing the options in your browser to stop accepting cookies or to prompt you before accepting a cookie from the content you visit. Note that local shared objects or “flash cookies”, which are different from HTTP cookies, may require different treatment for removal or disablement depending on the version of browser used. If you do not accept cookies, you may not be able to view or use parts of our Services due to limited functionality. Some cookies we use may be stored using a web-browsing component other than a browser application--these cannot be disabled on your Device, but the information collected does not personally identify you, and does not permit tracking between Services.

Some of our Services, including messaging, may use “click-through URLs” linked to other content on our Services. We track this click-through data in aggregate to help us determine interest in topics, Services usability, and other measures of user engagement.

In using our Services, our servers record information sent from your Device such as device name, mobile carrier, operating system, application version, personal settings (such as language and advertising tracking settings), Internet Protocol (“IP”) address, device and advertiser identifiers (such as IDFA, AAID), cookie identifier, network type, log information (such as site access history and information about how you interact with game) and usage information (such as game user ID, game data, game play related information (including payment amount), and crash log data).

BY ACCESSING OUR SERVICES, YOU ARE CONSENTING TO THE USE OF COOKIES AND THE OTHER ABOVE TECHNOLOGIES UNDER THE TERMS OF THIS PRIVACY POLICY.

The Who

Interaction with Other Users via Social Features

As mentioned in “The Why”, social interaction may be a function that is offered as a part of our Services. You understand and agree that your profile may be viewable in the Services by other users if they enter your designated ID, used to become “friends” for purposes of entering a battle together in the Services. Such invitations are sent through the Services by entering the invitee's designated ID, which can only be communicated to other users outside of the Services. When your designated ID is entered, other users of the Services will be able to see your profile information, which may include your username, user level, avatar, favorite in-game assets, and last login time (users may choose to block others from seeing last login time). We are not responsible for the activities of other users or other third parties with whom you choose to provide your information or otherwise interact.

Persons with Whom We May Share Your Information

You agree that we may share your information as follows:

· With Third Parties for Industry Analysis and Advertising

You agree that we may share technical information related to your Device (such as IP address), aggregated non-personal information, and anonymous information with advertisers, ad networks, and analytics analysis entities (“Ad Entities”) with whom we have strategic relationships, and Ad Entities may also be permitted to collect such information via cookies and other tracking technologies. This information may be used to undertake user trend analyses, demographic profiling, and analytics, and to provide to you tailored and personalized ads and advertising (behavioural advertising). Please note, though, that some Ad Entities also act as Service Providers (defined below) for us, and in those cases we may share your information as explained below.

· With our Service Providers

Sharing of your information may also occur where we engage or employ service providers, vendors, or other third parties to help us provide our Services (each a “Service Provider”) (e.g., improvement of our Services' features, promotion and marketing, administration, analytics, customer service, cloud storage, hosting, and other related services), to provide the Services on our behalf, or to assist us in analyzing how our Services are being used. Our Service Providers may have access to your personal data and information only to perform these tasks on our behalf, and they are obligated not to disclose or use your personal data and information for any other purpose, and to protect your information to a level reasonably comparable with the safeguards we use.

· With Certain Third Parties in Special Circumstances

In some instances, we may disclose information about you where legally permitted, including to law enforcement officials or private parties if we believe it is necessary or appropriate to respond to claims and legal process (including subpoenas), to protect the property and rights of DeNA HK or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical, or legally actionable activity.

In other cases, for example, in connection with a merger, acquisition, reorganization, or sale of assets, or in the event of bankruptcy, we may sell or transfer some or all of our assets. In connection with such a transaction, we may transfer all of the information about you in our records, including personal data and information, to any successor entity.

Policy Not to Collect personal data and information from Minors

We do not knowingly collect personal data and information from, or store personal data and information of, minors of your country. We will upon notice or discovery take all reasonable efforts to erase or destroy any such personal data and information that may have been collected or stored by us without our knowledge or consent.

The Where

You understand and agree that we may transfer your information to and process it in Hong Kong and other countries outside of your country of residence. Such transfer could subject the user’s personal information to foreign laws, which may provide different levels of protection than those in your home country.

Changes to Privacy Policy

We reserve the right to change, amend or modify this Privacy Policy at any time, in any way, solely in our discretion. If we change this Privacy Policy in a material way, we will give notice of that in the Services, on our website （https://takt-op.com/en/）, and/or by email to any email address we may have for you at that time. If you do not accept any such updated Privacy Policy you must uninstall the Software and cease and your access or use of our Services. Failure to uninstall the Software or your continuous access or use of our Services after we have changed the Privacy Policy will indicate that you have read, understood and consent to the updated Privacy Policy.

Other Important Matters

Push and Local Notifications

Unless you indicated otherwise at installation or chose not to receive push and local notifications, we may send push and local notifications to your Device concerning updates, events, and special offers for our mobile games and other mobile applications of the Services installed on your Device. Please note that you have the option of deactivating push and/or local notifications by changing the settings of the game/application or of your Device.

Protecting Your Information

We take your privacy very seriously and employ reasonable administrative, physical, and electronic measures to safeguard information received from you and held by us against identity theft and unauthorized access or alteration. In addition, we will take reasonable steps to assure that third parties to whom we transfer any data will provide sufficient protection of your personal data and information. We do not and will not, at any time, request your credit card information, login password, or any national identification numbers in a non-secure or unsolicited communication (e.g., via e-mail, telephone, or mobile device). We will not keep your personal data and information any longer than needed for the purpose it was collected or than is necessary for legal or legitimate business purposes.

We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” or “personal information” (collectively, the "personal data and information") (as defined in applicable statutes on security breach notification) to you via email or conspicuous posting on our website in the most expedient time possible and without unreasonable delay, consistent with (i) the legitimate needs of law enforcement; or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

Your Rights of Request, Corrections, and Deletions for Information

· Obtain a copy of your personal information – “Right of access and data portability”: You may request a copy of your personal data and information at any time. We will provide it in a portable form, so as you may transfer it to another service provider.

· Correct your personal information – “Right to rectification”: You have the right to correct your personal data and information when it is inaccurate or incomplete.

· Delete your Account – “Right to erasure (right to be forgotten)”: You can request the closure of your account and the deletion of the associated personal data and information. You understand that deletion of your personal data and information may result in you not being able to view or use portions of our Services which depend on such information.

If you want to exercise your rights abovementioned or have any concerns with the way we collect and handle your personal data and information, please contact us by [[email protected]]. We will use commercially reasonable efforts to honor your request; please note, though, that at a minimum we may retain an archived copy of your records as required by law or to send necessary communications to you under this Privacy Policy.

Duration of Storage

We will not keep your personal data and information any longer than the period that we provide Service, required by law, international treaty or than is necessary for legal or legitimate business purposes.

Withdrawal of Consent

You can withdraw your consent for the collection, sharing, usage and storage of your information and data free of charge and at any time by giving us reasonable notice. Your withdrawal can be sent via mail to [[email protected]] or in the privacy page of in-game settings for some of our mobile games.

Upon receiving your request, we will inform you of the likely consequences of the withdrawal of your consent (in case of in-game settings, if applicable, you will receive immediate response), and will cease to process your information therefrom, unless otherwise permitted or required by applicable laws and regulations. Please note that if you withdraw your consent to any or all usage of your data that enables us to provide our Services, depending on the nature of your request, we may not be able to provide to you our Services anymore.

Your Choices

For a Promotion you have opted into, you have the option to opt out from participation in such Promotion and the receipt of any related communications by following instructions provided in our mobile game.

Other Websites and Services

Our Services may contain links to other websites and online services or offers from third parties. For example, our Services may include offers from third-party advertisers or the ability to engage in transactions with such entities. If you choose to participate in offer-linked information requests or “click on” an advertisement or another third-party link, you may be directed to that third party's website or service and/or be prompted to provide personal data and information in connection with such activity.

The fact that we allow linking to a third-party website or service (including Account System, and optional mobile game recovery services) is not an endorsement or representation of our affiliation with that third party, nor is it an endorsement of such third party's privacy or information security policies or practices or their compliance with any laws. We do not exercise control over third-party websites or services, and this Privacy Policy does not apply to information you provide or collected by them, including Ad Entities. These other websites or services may place their own cookies or other tracking devices on your computer or mobile device, or collect data or solicit personal data and information from you. Other websites and services follow different rules regarding the use or disclosure of the personal data and information you submit to them. We encourage you to read the privacy policies or statements of the other websites and services you use and the terms of the offers in which you participate. You agree that we are not responsible for, nor will we be liable to you or any third party for, your interaction with such third parties or the information requests initiated by such third parties or the subsequent use, treatment, or dissemination of the information you provide to them.

To the extent that any of our mobile applications of the Services collects personally identifiable information, that is done only as strictly necessary to enable us to provide those Services (see The How, above), and this cannot be disabled by “do not track” or other mechanisms available via your mobile Device's browser.

Information Notice for California Residents & Privacy Policy

Consumers residing in California have certain rights with respect to knowledge, access, correction, and deletion of their personal information under the California Consumer Privacy Act (“CCPA”).

This section covers how we collect and use your information in connection with the use of our multi-regional entrainment software and media dedicated to that software and applies solely to California residents.

Categories of Personal Data and Information We Collect and Disclose.

Throughout our Privacy Policy, including the “The What” and “The When” sections, we discuss in detail the specific pieces of personal data and information we collect from and about users. Under the CCPA, we are also required to provide you with the “categories” of personal data and information we collect. The categories we collect are:

· Identifiers (for game play purposes) such as your username, and game user ID and email address;

· Commercial information, such as transaction data

· Internet or other network or device activity , such as browsing history or Services usage;

· General geolocation information, such as latitude-longitude coordinates based on IP address;

· Demographics, such as your gender

· Other information that identifies or can be reasonably associated with you; and

· Inference data drawn from the information above.

We share all of above categories of personal information with:

· Our affiliates and subsidiaries;

· Our service providers, such as marketing and advertising services, providers of payment and accounting services, transactional support providers, and providers of technical services (e.g., data storage, security, and customer relationship management databases); and

· Other parties where required by law or to protect our rights.

In some cases, the link between the data and the use or disclosure was more direct than others. The specific uses and disclosures in which service providers are involved varies from provider to provider.

How we use these categories of personal data and information.

We and our Service providers may use the categories of personal data and information we collect from and about you for the following business purposes and commercial (as those terms are defined in applicable law):

· Our or our Service provider’s operational purposes;

· Auditing consumer interactions on our site (e.g., measuring ad impressions);

· Detecting, protecting against, and prosecuting security incidents and fraudulent or illegal activity;

· Bug detection and error reporting;

· Customizing content that we or our Service providers display on the Services (e.g., contextual ads);

· Providing the Services (e.g., account servicing and maintenance, customer service, advertising and marketing, analytics, and communication about the Services);

· Improving our existing Services and developing new services (e.g., by conducting research to develop new products or features);

· Other uses that advance our commercial or economic interests;

· Other uses about which we notify you.

Examples of these types of uses are discussed in “The How” section of this Privacy Policy. We may also use the categories of personal data and information for compliance with applicable laws and regulations, and we may combine the information we collect (“aggregate”) or remove pieces of information (“de-identify”) to limit or prevent identification of any particular user or device.

Sale of personal data and information

We do not sell information that directly identifies you such as your name and email address. We share certain information as set forth in “The Who” section and allow third parties to collect certain information about your activity, for example through cookies, as explained in “The How” section. You can control these cookies through browser settings and other controls. We do not believe these activities are a sale of personal data and information as such terms are defined under the CCPA.

You may also refer to Withdrawal of Consent section above to exercise your withdrawal right on your discretion.

Please note that we also do not knowingly sell the personal data and information of minors under 16 years of age without legally-required affirmative authorization.

How to Exercise Your Privacy Rights for California Residents

If you are a California resident, you may submit, but no more than twice in a 12-month period, a verifiable request that we:

· Provide you the categories of personal data and information we have collected or disclosed about you in the last twelve months; the categories of sources of such information; the business or commercial purpose for collecting your personal data and information; and the categories of third parties with whom we shared personal data and information.

· Provide access to and/or a copy of certain information that in an easily transferable way we hold about you.

· Delete certain information we have about you.

You may have the right to receive information about the financial incentives that we offer to you (if any). You also have the right to not be discriminated against (as provided for in applicable law) for exercising certain of your rights. Certain information may be exempt from such requests under applicable law. For example, we need certain types of information so that we can provide the Services to you and for compliance with applicable law. If you ask us to delete certain information, you may no longer be able to access or use the Services.

If you would like to exercise any of these rights, please contact Customer Support at [[email protected]]. You can also designate an authorized agent to make a request on your behalf. To do so, you must provide us with written authorization or a power of attorney, signed by you, for the agent to act on your behalf. In all cases in which you (or your authorized agent) make a request to exercise your CCPA rights, you will be required to verify your identity directly with us, which may include, verifying your identity through contacting us through the Services via your mobile device and/or verifying certain game play or historical information regarding your use of our mobile game. If your request is denied by us, we will explain the reason in our response even if only part of your request is denied.

California law permits those of our customers who are California residents the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us.

Reporting

We have not received any personal information request to report as required by the California Consumer Privacy Act Regulations § 999.317.

Contacting Us

If you have any questions, inquires, requests, or complaints concerning this Privacy Policy or our information collection practices, please contact us at [[email protected]].

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Privacy Policy

Effective Date: December 14^th, 2022

(for users in the EEA, Australia and Mexico)

IMPORTANT: PLEASE READ—BY ACESSING, USING, DOWNLOADING OR INSTALLING DeNA HK SERVICES AND/OR SOFTWARE YOU ARE AGREEING TO THE TERMS OF THIS PRIVACY POLICY!!

IF YOU DON’T AGREE TO THIS EULA OR DO NOT POSSESS LEGAL CAPACITY TO CONTRACT IN YOUR COUNTRY—DO NOT USE, ACESS, DOWNLOAD OR INSTALL DENA HK SERVICES AND/OR SOFTWARE!!

All references to “you” or “your”, as applicable, mean the person who accesses or uses the Service in any manner, and each of your heirs, assigns, and successors.

In this Privacy Policy, “DeNA HK”, “we”, “us”, or “our” means DeNA HONG KONG LIMITED.

Contents

Please note that the short summaries set forth in the headers below are for clarification purposes only, and are detailed in the subsequent sections of this Privacy Policy.

· The What and the Why

Both non-personal information and personal data and information may be collected and used by us.

The types of data we collect from you and which data is used for what purpose.

The primary objective for our collection and use is to deliver and improve our Services.

· The When

When you provide information to us, use the Services, or register or connect with a third-party account system (“Account System”) in connection with access or use of our Services.

· The How

By providing information to us directly, using the Services, or registering or connecting with an Account System in connection with access or use of our Services.

We may also use cookies and other electronic means to collect your personal data and information, but options are available to remove/disable certain cookies by the settings on your browser.

Services-related promotions may also be used by us; if you opt in, or as permitted by law, these services may include the sending of commercial electronic messages.

· The Who

Except only in special circumstances, we never transfer your personal data and information to advertisers or marketers for their own use without your separate consent.

We do not knowingly collect personal data and information from legal minors of your country.

· The Where

In line with this Privacy Policy, your information may be processed in Hong Kong and other countries, as necessary, where it may be subject to laws different than your home country.

· Changes to Privacy Policy

· The rights you can exercise pertaining to your personal data and information

Under current applicable laws and regulations, you can exercise the certain rights associated with your personal data and information.

· Other Important Matters

The What and the Why

In the course of using our Services, you may provide us, directly and indirectly, with both personal and non-personal information. personal data and information includes any factual or subjective information that can be used, on its own or in combination with other information, to identify you as an individual, and might include your email address, information from your Device, IP address etc. Non-personal information is information that does not permit direct association with you, including personal data and information which has been aggregated with other users’ information such that it can no longer be attributed to any individual. Certain non-personal information would be considered a part of your personal data and information if it were combined with other identifiers (e.g., combining your zip or postal code with your street address) in a way that enables you to be identified. But the same pieces of information are considered non-personal information if they are taken alone or combined only with other non-personal information (e.g., your viewing preferences), provided the information cannot otherwise be linked or attributed back to you as an identifiable individual.

Some data is necessary for enabling us to provide the registration to and usage of our Services. This includes the data below.

Type	Categories of personal data and information	Purpose of use
Information you voluntarily choose to provide	Data to create your account (such as email address, country, region, language and username)	To clarify, if you select “Ask App Not to Track” on our Services, we will not collect related data or information such as IDFA from you and do not track. To help us develop, deliver, and improve our Services, including the following aspects of our Services: ・messaging and other communication to and with users ・transactions for and use of virtual currency and virtual items ・providing end-user support. ・authentication purposes ・for purposes of tracking achievements on game platforms ・communication and user-interactive features ・creating, updating, accessing, and maintaining of lists of friends or contacts ・to send important notices, such as changes to our EULA, this Privacy Policy, or other Services-specific policies. Because this information is important to your interactions with us, you may not opt out of receiving these communications.
Information you voluntarily choose to provide	Your messages to the game
Information collected automatically when you use our Services	Usage information (such as game user ID, game data, game play related activities information (including payment amount) and crash log data)
	Online identifiers (such as IP address)
	Log information (such as site access history)
	Cookie identifier
	Hardware information (such as application version, operating system, mobile carrier, device name, network type, device and advertiser identifiers (such as Android ID,IDFA, AAID, Mac address, serial number，imsi，imei) personal settings (such as language settings)
Information you voluntarily choose to provide	Data to create your account (such as email address, country, region, language and username)	To clarify, if you select “Ask App Not to Track” on our Services, we will not collect related data or information such as IDFA from you and do not track. To prevent and take measures against fraud, illegal activities, infringement of our rights or interests, or breaches of our EULA and this Privacy Policy.
Information you voluntarily choose to provide	Your messages to the game
Information collected automatically when you use our Services	Usage information (such as game user ID, game data, game play related activities information (including payment amount) and crash log data)
	Online identifiers (such as IP address)
	Log information (such as site access history)
	Cookie identifier
	Hardware information (such as application version, operating system, mobile carrier, device name, network type, device and advertiser identifiers (such as Android ID ,IDFA, AAID,Mac address, serial number，imsi，imei) personal settings (such as language settings)
Information you voluntarily choose to provide	Data to create your account (such email address, country, region, language and username)	To clarify, if you select “Ask App Not to Track” on our Services, we will not collect related data or information such as IDFA from you and do not track. To audit and analyze data for technical administration, to improve our Services, and for end-user communications.
Information you voluntarily choose to provide	Your messages to the game
Information collected automatically when you use our Services	Usage information (such as game user ID, game data, game play related activities information (including payment amount) and crash log data)
	Online identifiers (such as IP address)
	Log information (such as site access history and information about how you interact with the game)
	Cookie identifier
	Hardware information (such as application version, operating system, mobile carrier, device name, network type, device and advertiser identifiers (such as Android ID ,IDFA, AAID,Mac address, serial number，imsi，imei) personal settings (such as language settings)

In addition to the above data, we would also like to use the below data for general advertisement purposes and to inform you of our future offers and similar products.

Type	Categories of personal data and information	Purpose of use
Information you voluntarily choose to provide	Data to create your account (such as email address, country, region, and language)	To clarify, if you select “Ask App Not to Track” on our Services, we will not collect related data or information such as IDFA from you and do not track. ・The delivery and targeting of advertising in the Services ・Tracking of advertisement fulfillment metrics in the Services ・Recommending Services-related products or services of interest directly to you ・for market research purposes such as send you a survey that support our efforts to deliver a more valuable service to our community of users, if we collect your personal data and information which is not listed in this Privacy Policy by a survey, we will collect and use such personal data and information in accordance with applicable laws
Information collected automatically when you use our Services	Usage information (such as game user ID, game data and game play related activities information (including payment amount))
	Online identifiers (such as IP address)
	Log information (such as information about how you interact with the game)
	Hardware information (such as application version, operating system, network type, device and advertiser identifiers (such as Android ID ,IDFA, AAID,Mac address, serial number，imsi，imei) personal settings (such as language settings)
Information you voluntarily choose to provide	Data to create your account (such as mail address, country, region, language)	For market research purposes that support our efforts to deliver a more valuable service to our community of users, including using your information to contact you with announcements, newsletters, and promotional materials related to our Services or to offer you opportunities to participate in surveys, contests, or sweepstakes (collectively “Promotions”) via our Services.
Information collected automatically when you use our Services	Usage information (such as game user ID, game data and game play related activities information (including payment amount))
	Online identifiers (such as IP address)
	Log information (such as information about how you interact with game)

The When

Direct interaction and access or use of our Services

Third Party Account Systems

Your information may also be made available to us when you register with any Account System for access or use of our Services and/or permit any Account System to share any of your information with us in connection with your access or use of our Services, including account ID, country, region, language and username, and when any changes are made to that information. By accepting an Account System’s applicable terms, you agree for the Account System to make such information available to us on those terms. When you use our Services, we collect information related to your Device as described in “The How” section below.

Promotion services

Duration of Storage

The How

As already mentioned, we may collect information from you when you directly interact with our Services and otherwise indirectly through your access to or access or use of our Services. You may have certain options to control the use of these technologies – see “Other Important Matters”.

Direct interaction

Direct interaction may include such actions as creating a username, creating a friends' list or similar. It may also include the sending of invites to become “friends” for the purpose of entering a battle together. We may but are not required, to collect and store the information referred to in this paragraph.

Information from Third Parties

We may also collect your information from third parties who provide it to us, including other users of our Services and, as noted above, any Account System you engage with related to our Services.

Cookies

Except for cookies strictly necessary to enable us to provide our Services and our website, you have the option to disable cookies stored on your browser by changing the options in your browser to stop accepting cookies or to prompt you before accepting a cookie from the content you visit. If you do not accept cookies, you may not be able to view or use parts of our Services due to limited functionality. Some cookies we use may be stored using a web-browsing component other than a browser application--these cannot be disabled on your Device, but the information collected does not personally identify you, and does not permit tracking between Services.

“Click-Through URLs”

Recording information from your Device

BY ACCESSING OUR SERVICES, YOU ARE CONSENTING TO THE USE OF COOKIES AND THE OTHER ABOVE TECHNOLOGIES UNDER THE TERMS OF THIS PRIVACY POLICY.

The Who

Interaction with Other Users via Social Features

Persons with Whom We May Share Your Information

To the extent you have agreed in the consent form with regards to section “The What and the Why” above, we may share your information as follows:

· With Third Parties for Industry Analysis and Advertising

Facebook https://www.facebook.com/about/privacy

Google https://policies.google.com/privacy

Apple https://searchads.apple.com/privacy/

Appsflyer https://www.appsflyer.com/services-privacy-policy/

· With our Service Providers

· With Certain Third Parties in Special Circumstances

In some instances, we may disclose information about you where legally permitted, including, to law enforcement officials or private parties if we believe it is necessary or appropriate to respond to claims and legal process (including subpoenas), to protect the property and rights of DeNA HK or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical, or legally actionable activity.

Policy Not to Collect personal data and information from Minors

We do not knowingly collect personal data and information from, or store personal data and information of, legal minors of your country. We will upon notice or discovery take all reasonable efforts to erase or destroy any such personal data and information that may have been collected or stored by us without our knowledge or consent.

The Where

You understand and agree that we may transfer your information to and process it in Hong Kong and other countries outside of your country of residence.

We may transfer your information to and process it in Japan and other countries outside your country of residence, including in countries whose data protection laws may be of a lower standard than those in your country.

(For users in the EEA)

In order to ensure an adequate and consistent level of protection of your personal data and information, we do not transfer personal data and information to recipients outside the EU/EEA unless:

―the jurisdiction in which the recipient is located is deemed to provide an adequate level of data protection;

―there are appropriate safeguards in place (e.g. binding corporate rules; contractual arrangements with the recipient of the personal data and information, using, for example, the standard contractual clauses approved by the European Commission, adherence to a code of conduct or certification mechanism together with obtaining binding and enforceable commitments from the recipient) or

―a derogation or exemption applies (e.g. where an individual has explicitly consented to the proposed transfer after having been provided with all necessary information about the risks associated with the transfer).

Changes to Privacy Policy

We reserve the right to change, amend or modify this Privacy Policy at any time, in any way, solely in our discretion. If we change this Privacy Policy in a material way, we will give notice of that in the Services, on our website (https:// takt-op.com/en/), and/or by email to any email address we may have for you at that time. If you do not accept any such updated Privacy Policy you must uninstall the Software and cease and your access or use of our Services. Failure to uninstall the Software or your continuous access or use of our Services after we have changed the Privacy Policy will indicate that you have read, understood and agree to be bound by the updated Privacy Policy and we will apply the Privacy Policy in effect at the time your information is collected.

Other Important Matters

Your Rights

For the exercise of any of your rights mentioned below, please contact us by email at [[email protected]].

Please note that we may need to verify your identity before we can act on your request and, because the exercise of these rights is subject to certain legal conditions and limitations, we may have to decline your request if those conditions are not fulfilled or if legal limitations apply. We may also reject requests that are unreasonably repetitive, require disproportionate technical effort (for example, developing a new system or fundamentally changing an existing practice), or create a risk on the privacy of others. Where we cannot fulfil your rights due to an exception, we will provide an explanation.

In accordance with applicable data protection law you are entitled to exercise the following rights:

Withdrawal of Consent

You can withdraw your consent for the collection, usage and storage of your information and data free of charge and at any time by giving us reasonable notice. Your withdrawal can be sent via mail to [[email protected]].

Upon receiving your request, we will inform you of the likely consequences of the withdrawal of your consent, and will cease to process your information therefrom, unless otherwise permitted or required by applicable laws and regulations. Please note that if you withdraw your consent to any or all usage of your data that enables us to provide our Services, depending on the nature of your request, we may not be able to provide to you our Services anymore.

Right of Information, Correction and the Right to be Forgotten

You have the right to request anytime information about the data stored by us concerning you, their source and their recipients as well as the purpose of the data processing. You further have the right of correction, and the right of deletion of the data stored with us anytime. In this respect, it is important that the personal data and information we hold about you is accurate and current: please keep us informed if your personal data and information changes during the period for which we hold your data.

You also have the right to erasure of your personal data and information.

Right to Object

You have the right to object at any time to processing of personal data and information concerning yourself which are necessary for the purposes of the legitimate interests pursued by us. We will no longer process the personal data and information unless there are legitimate grounds for the processing which override the interests, rights and freedoms of you or for the establishment, exercise or defense of legal claims.

Right to Restriction of Processing

You have the right to obtain restriction of procession when:
(a) the accuracy of the personal data and information is contested by you, for a period enabling us to verify the accuracy of the personal data and information;
(b) the processing is unlawful and you oppose the erasure of the personal data and information and request the restriction of their use instead;
(c) we no longer need the personal data and information for the purposes of the processing, but they are required by you for the establishment, exercise or defense of legal claims;
(d) you have objected to processing your data pending the verification whether the legitimate grounds of us override those of yours.

Right to Data Portability

You have the right to receive the personal data and information concerning yourself, which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from us, where:
(a) the processing is based on consent;
(b) the processing is carried out by automated means

In exercising your right to data portability, you have the right to have the personal data and information transmitted directly from us to another controller, where technically feasible. The exercise of the right to data portability is without prejudice to the right to erasure.

Right to Lodge a Complaint with the DPA

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the EU Member State of your habitual residence, place of work or place of the alleged infringement if you are not satisfied with our response or think we are processing your personal data and information not in accordance with the law.

Opting-out from Promotion

Push and Local Notifications

Protecting Your Information

If you have any concerns with the way we collect and handle your personal data and information, or would like to correct or request that we delete such personal data and information held by us, please contact us. We will use commercially reasonable efforts to honor your request; please note, though, that at a minimum we may retain an archived copy of your records as required by law or to send necessary communications to you under this Privacy Policy. You understand that deletion of your personal data and information may result in you not being able to view or use portions of our Services which depend on such information.

Other Websites and Services

The fact that we allow linking to a third-party website or service (including Account System, and optional mobile game or software recovery services) is not an endorsement or representation of our affiliation with that third-party, nor is it an endorsement of such third party's privacy or information security policies or practices or their compliance with any laws. We do not exercise control over third-party websites or services, and this Privacy Policy does not apply to information you provide or collected by them, including Ad Entities. These other websites or services may place their own cookies or other tracking devices on your computer or mobile device, or collect data or solicit personal data and information from you. Other websites and services follow different rules regarding the use or disclosure of the personal data and information you submit to them. We encourage you to read the privacy policies or statements of the other websites and services you use and the terms of the offers in which you participate. You agree that we are not responsible for, nor will we be liable to you or any third party for, your interaction with such third parties or the information requests initiated by such third parties or the subsequent use, treatment, or dissemination of the information you provide to them.

Contacting Us

If you have any questions, inquires, requests, or complaints concerning this Privacy Policy or our information collection practices, or wish to exercise any of your legal rights, please contact us at [[email protected]] [ Address: Room 303, 3rd Floor，ST. George’s building, 2 Ice House Street Central, HONG KONG].

To communicate with our Data Protection Officer (DPO), please email to [[email protected]].