Effective Date: March 5th 2021
AS ORIGNIAL FIRE IS A CANADIAN ENTITY, CONSENT IS REQUIRED BY LAW TO COLLECT ANY PERSONAL DATA FROM ITS USERS. ORIGINAL FIRE RECOGNIZES THAT THIS CONSENT REQUIREMENT CONFLICTS WITH PRIVACY MODELS IN OTHER JURISDICTIONS, INCLUDING THE EU WHERE A DIFFERENT “LAWFUL BASIS” FOR THE COLLECTION OF PERSONAL DATA MAY APPLY. THEREFORE, WHILE CONSENT WILL BE COLLECTED WHENEVER REQUIRED BY LAW, USERS ARE WARNED THAT EXERCISING THEIR CONSENT REVOCATION RIGHTS IN CERTAIN JURISDICTIONS, MAY IMPACT THE FEATURES OF THE SERVICE AVAILABLE TO YOU OR THE ESSENTIAL OPERATIONS OF THE SERVICE.
1.HOW WE OBTAIN YOUR DATA
The Service collects and processes personal data, which is information about you or that identifies you, as well as anonymous data, which does not identify you.
Subject to legal, contractual and technical requirements, you may choose not to provide Original Fire with certain data or request the deletion of certain data, which may impact the Service features available to you or essential operations of the Service.
2.PERSONAL DATA WE COLLECT
We collect personal data about you when you access the Service and while you play the Game. The following is a description of the personal data that we collect, use and process in connection with the Service:
all user IDs associated with your Account, including but not limited to, Android identifiers, IOS identifiers, Google account identifiers, Steam IDs, PSN IDs, Switch IDs, Xbox Live IDs, Epic Games IDs, Facebook identifiers as well as any associated login credentials and data such as passwords (which in most cases are only collected by third parties and to which we do not have access and are not acting as a “processor” of data on behalf of Original Fire) (separate consent must be provided in these third-party situations);
date of Account creation, whether someone is a new user and your most recent log-in data;
your IP address and geo-location data (country or city specific as permitted by applicable law);
your email address, only if you choose to provide it when communicating with us;
details about the use of certain features, such as the length of time spent on certain game modes or the frequency of use of certain features, race course times, car movements (for ghost tracking), how many other players you interact with and which platform you use; and
information about your gaming platform, computer, phone, web-connected devices or other devices used to connect to the Service including but not limited to, operating system information, operations performed on the device, unique identifiers that may identify you over time and across different websites including unique device identifiers.
We also collect anonymous data that does not identify you, including but not limited to responses to anonymous feedback requests, metrics and other types of statistical data, which could be derived from use of the Service and analytical data concerning the Service.
3.PROCESSING OF YOUR PERSONAL DATA
We process your personal data primarily for our legitimate business purposes, such as providing the Service to you, to understand your needs and the needs of our users and to improve the quality of the Service and analyze the data we collect. Specifically, these uses include but are not limited to:
displaying and delivering the Game and Game content through the Service;
interacting with other users through features of the Service;
authenticating users, maintaining and analyzing functionality of the Service, backing up data or testing and researching new features of the Service;
supporting the security and integrity of the Service and its users including but not limited to detecting and protecting Original Fire and other third-parties against error, fraud, theft and other illegal activity or for contractual, legal, regulatory or audit obligations;
investigating improper or suspicious activity; and
contacting you for various reasons including, but not limited to, user feedback requests or marketing purposes, if you previously consented to such contact.
We may disclose your personal data to our parent companies, affiliates, subsidiaries, employees and contractors for the same purposes described above. If permitted by applicable law, we may also disclose your personal data to third-parties, who may be located in a foreign jurisdiction and subject to foreign laws (for residents located in jurisdictions with certain transfer restriction, please see region specific policies below – California (Section 11), EEA (Section 12). The situations where we disclose your personal data to third-parties include, but are not limited to:
processing your information as described above as well as providing and enhancing the Service features;
tracking certain flags or triggers from the Service, such as when a user reaches a certain level or makes a special in-app purchase, to provide cleaner and more accurate advertising and marketing data;
providing customer support and feedback, analyzing the Service functionality and technical issues, tracking use of the Service and generating reports and data models that we use to improve the service;
providing customized, tailored and personalized advertisements to users of the Service; and
responding to a request from law enforcement or a government that has asserted its lawful authority to obtain the data or where Original Fire has reasonable grounds to believe the data could be useful in the investigation of unlawful activity, complying with a subpoena or warrant or an order made by a court, person or body with jurisdiction to compel the production of data, complying with court rules regarding the production of records and data, defending our rights and the rights of others or providing information to our legal counsel.
5.COOKIES AND DIGITAL TRACKING TECHNOLOGIES
6.OBTAINING, RECTIFYING AND CONTROLLING YOUR PERSONAL DATA
You may contact Original Fire to obtain a copy of any personal data we have collected about you, the production of which may be subject to a fee as permitted by applicable law. In addition, you may contact Original Fire to correct inaccurate personal data or to complete incomplete personal data.
You may be able to opt-out of some or all of the ways in which your personal data is processed, or request the deletion of certain personal data, except where the personal data is necessary or vital:
for the performance of contractual obligations, such as the TOU;
to comply with our legal obligations;
to protect your interests or those of another person; and
for our legitimate interests or the legitimate interests of a third-party,
and may do so by removing personal data, if the Service permits such removal, by deleting your Account or by contacting us using the contact information found below.
7.DATA STORAGE, RETENTION AND TRANSFERS
While Original Fire is a Canadian company, the data you provide through the Service may be stored and processed by third parties in countries around the world. You authorize Original Fire and third parties acting on our behalf to process your data in any country of their choosing, which may cause your data, including personal and anonymous data, to be subject to privacy protections and legal rights that may not be equivalent to those in your country.
Original Fire complies with international personal data transfer laws in applicable jurisdictions. For EU residents, Original Fire complies with Articles 44-49 of the European Union’s General Data Protection Regulation (the “GDPR”). Currently, all transfers of personal data to Canada from residents of the EU are covered by an adequacy decision as described in Article 45 of the GDPR.
Your personal data is retained until you request its deletion or until Original Fire no longer requires such data for the purpose for which it was collected or until required to be deleted by laws applicable in your jurisdiction.
Original Fire complies with the U.S. Children’s Online Privacy Protection Act and all other applicable laws and regulations concerning children and the Internet. The Service is not directed to children under the age of 13 and we do not knowingly collect personal information from children under the age of 13. If we learn that we inadvertently collected personal information from a child under the age of 13, we will delete that information as quickly as possible. If you are a parent or guardian of a child who you believe provided Original Fire with personal information without your consent, please contact us at firstname.lastname@example.org.
If you are a resident of the EEA below the age of consent in your country, Original Fire shall comply with applicable consent gathering standards required in your jurisdiction.
9.DO NOT TRACK DISCLOSURE
Do Not Track (“DNT”) is a web or device setting that allows users to request that receivers of personal data stop their tracking activities. When you choose to turn on the DNT setting in your browser or device or use alternative consumer choice mechanisms, your browser or device sends a special signal to websites, analytics companies, advertising networks, plug in providers and other web services you encounter to stop tracking your activity. Currently, there are no DNT technology standards and it is possible that there may never be any DNT technology standards. As a result, we do not respond to DNT requests.
10.CALIFORNIA “SHINE THE LIGHT” RIGHT
If you are a California resident, California Civil Code 1798.83 grants you the right to request our disclosure of the categories of personal information we provided to third parties, and the names and addresses of these third parties, for direct marketing purposes during the preceding calendar year. If you are a California resident and would like to make this request, please contact us using the contact information set forth below.
Please note that you may only make this request once per year.
11.YOUR CALIFORNIA PRIVACY RIGHTS
12.EUROPEAN USERS AND RIGHTS OF EUROPEAN UNION RESIDENTS
If you are a resident of the European Union, or if equivalent rights are applicable in your jurisdiction, you have certain rights in regards to your personal data. These rights include:
A Right of Access. You have the right to access your personal data that we hold about you free of charge in most circumstances;
A Right to Rectification. If your personal data is inaccurate or incomplete, you can change the information you provided by changing the information yourself on your Account or by contacting Original Fire using the email listed below;
A Right to Erasure. You have the right to obtain deletion of personal data concerning you in many cases. Often you can just delete your information by yourself through your Account but you can also request the deletion by using the contact information found below. Please be careful as the deletion of your data in this manner is permanent and may never be restored;
A Right to Object. If the processing of your personal data is based on legitimate interests according to Article 6(1)(f) of the GDPR, you have the right to object to this processing in most cases. If you object, we will no longer process your personal data unless there are compelling and prevailing legitimate grounds for the processing as described in Article 21 of the GDPR; in particular if the personal data is necessary for the establishment, exercise or defense of legal claims or in the case where the personal data is required for the provision of certain features of the Service and you still wish to use such features of the Service;
A Right to file a Complaint. You have the right to file a complaint with the appropriate supervisory authority in your jurisdiction;
A Right to Restriction of Processing of your Personal Data. You have the right to obtain restrictions on the processing of your personal data as described in Article 18 of the GDPR;
A Right to Personal Data Portability. You have the right to receive your Personal Data in a structured, commonly used and machine-readable format and have the right to transmit such data to another controller under the conditions described in Article 20 of the GDPR. Although the personal data collected by Original Fire is not particularly useful to other companies as the data collected largely relates to your usage of the Service, Original Fire will comply will all requests for the portability of your personal data;
A Right to Post-Mortem Control of Your Personal Data. If data protection legislation and related regulations in France are applicable to you, you have the right to establish guidelines for the preservation, the deletion and the transmission of your personal data after your death in accordance with Article 40-1 of the Act No. 78-17 of January 6, 1978 on Information, Technology, Data Files and Civil Liberties; and
A Right to Opt-out of Marketing Communications. You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link on any marketing e-mails Original Fire sends you. To opt-out of other forms of marketing, please contact us using the contact details provided below.
13.CHANGE OF OWNERSHIP OR BUSINESS TRANSITION
We are committed to ensuring that your data is secure. To prevent unauthorized access, disclosure, or breach, we have put in place suitable physical, electronic, and administrative procedures to safeguard and secure the data we collect and process.
We communicate with our users primarily through the Service itself, our online forums, Discord or Patreon, but we may sometimes collect the email address of some of our users in order to respond to support requests or comments. If you have provided us with your email address and would like to change the email preferences we associate with you (for example, unsubscribing from receiving certain types of email) you may do so by clicking a link within certain types of emails that we send to you or, if no link is available, by replying with “unsubscribe” in the email title or body or by modifying your email settings within the Service. On rare occasions, some types of email are necessary for the Service and cannot be unsubscribed from if you continue to use the Service.
Privacy Support Team