Apex146 Ltd. Privacy Policy
Last modified: February 21, 2024
1. Introduction
1.1 About Us
Apex146 Ltd. ("Company" or "we") is a company organized under the laws of the state of Delaware in the United States that provides an online digital action sports racing game, Apex146. We respect your privacy and are committed to protecting it through our compliance with this Privacy Policy.
This Privacy Policy describes the types of information we may collect from visitors and customers (“Users”) of our website (https://Apex146.com) and/or Apex146 software, (collectively our “Platform”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.
This Privacy Policy applies to information we collect:
· On the Platform.
· In email, text, and other electronic messages between you and us, whether through the Platform or otherwise.
· When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.
Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Platform. By accessing or using our Platform, you accept and consent to this Privacy Policy.
1.2 Certain Terms
· “EEA” means European Economic Area.
· “Personal Data” means information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device. The types of Personal Data that we collect are described below in Section 2.
· “Platform” has the meaning given in Section 1.1.
· “User Contributions” means information provided to us by Users to be published or displayed ("posted") on public areas of the Platform, or transmitted to other users of the Platform or third parties.
· “Users” has the meaning given in Section 1.1.
1.3 Children Under the Age of 16
Our Platform is not intended for children under 16 years of age. No one under age 16 may provide any Personal Data to or on the Platform. We do not knowingly collect Personal Data from children under 16. If you are under 16, do not use or provide any information on our Platform or on or through any of its features/register on the Platform, make any purchases through the Platform, use any of the interactive or public comment features of our Platform or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Data from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at support@apex146.com.
2. Types of Information we collect
2.1 Personal Data
We collect and have collected in the past 12 months the following categories of Personal Data from our Users:
Personal Identifiers - An alias,unique personal identifier, online identifier, Internet Protocol address, email address, account name,
Financial Information - MetaMask digital wallet address, records of products or services purchased, obtained, or considered
2.2 Other Data
We also collect data that is about you but does not identify you, such as:
Internet, device or network activity - IP address, browser type, information on a consumer's interaction with a website, application, or advertisement
Geolocation data - Physical location
3. Sources of Collection/How we Collect Data
We collect the above categories of Personal Data from the following types of sources:
3.1 Information You Provide to Us
We may ask you to provide Personal Data voluntarily, including:
· Information that you provide by filling in forms on our Platform. This includes information provided at the time of registering to use our Platform, subscribing to our newsletters, or requesting further services from us. We may also ask you for information when you enter a contest or promotion for Apex146, and when you report a problem with our Platform.
· Records and copies of your correspondence (including email addresses) if you contact us.
· Your responses to surveys that we might ask you to complete for research purposes.
· Details of transactions you carry out through our Platform and of the fulfillment of your orders. You may be required to provide a Metamask wallet IDbefore placing an order through our Platform.
· Your search queries in the Platform.
· Team and racer names and history.
You also may provide User Contributions, such as blog post comments, profile data. Your User Contributions are posted on and transmitted to others at your own risk. Although we may limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other Users of the Platform with whom you may share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
3.2 Information From Third Parties
We may collection Personal Data about you from certain third parties, including social media websites, payment processors/financial transaction providers (e.g., MetaMask), email or other marketing partners, and website analytics providers.
3.3 Automatic Data Collection
As you navigate through and interact with our Platform, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
· Details of your visits to our Platform, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Platform.
· Information about your computer and internet connection, including your IP address, operating system, and browser type.
· We also may use these technologies to collect information about your online activities over time. Currently our Platform does not respond to Do Not Track signals. For more information about Do Not Track signals, please visit https://allaboutdnt.com/. You may, however, disable certain tracking, such as by disabling cookies, as discussed in the “Cookies” section below.
The information we collect automatically may include Personal Data, or we may maintain it or associate it with Personal Data we collect in other ways or receive from third parties like social media sites. It helps us to improve our Platform and to deliver a better and more personalized service, including by enabling us to:
· Estimate our audience size and usage patterns.
· Store information about your preferences, allowing us to customize our Platform according to your individual interests.
· Speed up your searches.
· Recognize you when you return to our Platform.
3.4 Cookies
The technologies we use for this automatic data collection may include cookies. A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Platform. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Platform. The types of cookies we use include:
· Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
· Analytical/performance cookies. They allow us to recognize and count the number of Users and to see how Users move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
· Functionality cookies. These are used to recognize you when you return to our website. This enables us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
· Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
3.5 Third-Party Use of Cookies and Other Tracking Technologies
Some content or applications, including advertisements, on the Platform are served by third parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Platform. The information they collect may be associated with your Personal Data or they may collect information, including Personal Data, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Your Data Rights.
4. PURPOSE OF Collection/Processing
We may use or disclose the Personal Data we collect for one or more of the following purposes:
· To present our Platform and its contents to you.
· To provide you with notices about your account, including activity on the Platform.
· To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to ask a question about our game or Platform, we will use that personal information to respond to your inquiry. If you provide your personal information to make purchases through our Platform, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
· To provide, support, personalize, and develop our Platform, products, and services.
· To create, maintain, customize, and secure your account with us.
· To process your requests, purchases, transactions, and payments and prevent transactional fraud[JS1] .
· To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
· To personalize your Platform experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Platform, third-party sites, and via email or text message (with your consent, where required by law).
· To help maintain the safety, security, and integrity of our Platform, products and services, databases and other technology assets, and business.
· For testing, research, analysis, and product development, including to develop and improve our Platform, products, and services.
· To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
· As described to you when collecting your Personal Data for any other purpose for which you provide it
· To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
· To notify you about changes to our Platform or any products or services we offer or provide though it.
· To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other 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 Platform Users is among the assets transferred.
· For any other purpose with your consent.
5. Disclosure of Your Information
5.1 Non-Personal Data
We may share, sell, or disclose aggregated information about Users, and information that does not identify any individual, without restriction.
5.2 Personal Data
We may disclose your Personal Data to a third party for a business purpose. When we disclose Personal Data for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that Personal Data confidential and not use it for any purpose except performing the contract.
We may share your Personal Data with the following categories of third parties:
Service providers who support our business, including analytics (e.g., Google Analytics) and marketing vendors
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other 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 our about our Website users is among the assets transferred.
We may also disclose your Personal Data:
· To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
· To enforce or apply our Terms of Use
· If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of our Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection.
5.3 Links
We may include links to third parties on this website, such as our social media accounts or a digital wallet browser extension like MetaMask. If you follow a link to any of these third parties, please note that these websites or applications have their own privacy policies and that we do not accept any responsibility or liability for these policies. Where we provide a link, it does not mean that we endorse or approve that website’s policy towards visitor privacy. You should review their privacy policy before sending them any Personal Data.
6. Your Data Rights and Choices
6.1 Data Rights
You have the right to:
· Request access to, correct or delete any Personal Data that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. You may send us an email at support@apex146.com to make such a request. If you delete your User Contributions from the Platform, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Platform users.
· Review and change your Personal Data by logging into the Platform and visiting your Profile.
· Remove and/or reject cookies from our Platform with your browser settings. If you remove or reject our cookies, it could affect how the Platform performs for you.
· If you are a resident of the EEA, you can object to processing of your Personal Data, request us to restrict processing of your Personal Data, or request to have your Personal Data in a portable format. You may send us an email at support@apex146.com to make such a request.
· To the extent we have collected and/or processed your Personal Data with your consent, you may withdraw your consent at any time.
· To make a complaint at any time to the data privacy authority in your jurisdiction. We would, however, appreciate the chance to deal with your concerns before you approach such authority so please contact us in the first instance.
6.2 State Privacy Rights
State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information. California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Platform that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to: support@apex146.com
Colorado, Connecticut, Virginia, and Utah each provide their state residents with rights to:
· Confirm whether we process their personal information.
· Access and delete certain personal information.
· Data portability.
· Opt-out of personal data processing for targeted advertising and sales.
Colorado, Connecticut, and Virginia also provide their state residents with rights to:
· Correct inaccuracies in their personal information, taking into account the information's nature and processing purpose.
· Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects.
To exercise any of these rights please email us at: support@apex146.com
7. Data Security and Retention
7.1 Security
We have implemented measures designed to secure your Personal Data from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored in our Amazon Web Services cloud infrastructure using individual dual factor authentication and other Amazon Web Services best practices. Payment transactions are facilitated through trusted third parties.
The safety and security of your information also depends on you. We have no control over a interaction with necessary third-parties and/or intermediaries.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to our Platform. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Platform.
7.2 Retention
We will only retain your Personal Data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for Personal Data, we consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements.
8. Changes to Our Privacy Policy
It is our policy to post any changes we make to our Privacy Policy on this page. If we make material changes to how we treat our Users’ Personal Data, we will notify you through a notice on the Platform home page and by email to the email address specified in your account, if applicable. The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Platform and this Privacy Policy to check for any changes. Your continued use of our Platform after we make changes is deemed to be acceptance of those changes.
9. Requests and Contact Information
To ask questions or comment about this Privacy Policy or to exercise the data rights described above, please submit a verifiable consumer request by emailing us at: support@apex146.com
The verifiable consumer request must:
Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
Making a verifiable consumer request does not require you to create an account with us. However, we cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.