Last modified date: 2024-12-19

This Privacy Policy describes the approach undertaken by Anchor Node Co., Ltd., along with its subsidiary entities and affiliated counterparts (collectively referred to as “Anchor Node” and “GameAIfy” ), “We”, “Our” and “us”), in the management and safeguarding of information amassed via our websites, mobile applications, and other interactive software products and services we oversee(collectively denoted as “Services" and “Website”). all of which are linked to this Privacy Policy

  1. Information we collect & what we do with it
  2. Circumstances of information disclosure
  3. Information security
  4. Cookies and similar technologies
  5. Exercising your preferences
  6. Underaged minors (18 and under)

1. Information we collect & how we use it

We procure information through various means: when you voluntarily provide it, during interactions with others, and while utilizing our Services. These are collected for a variety of business purposes, mainly providing and maintaining our high quality of service to you.
Additionally, we might acquire data pertaining to you from external sources.In general, we only retain the personal information you have provided for as long as necessary for the purposes described in this document, which means the amount of time we hold your information varies based on the type of information.

We reserve the right to retain your individualized data subsequent to the termination of your account with us or the cessation of your utilization of the Services. This retention is done in adherence to legal obligations and regulatory mandates, with the objective of addressing conflicts, averting fraudulent activities, and ensuring compliance.

a) Information voluntarily provided by you
Upon registering, directly contacting us, or engaging with the Services, you have the option to furnish information, which includes the following:

  • Your contact information, such as name, phone number, mailing address, and email address.
  • All information regarding user account, such as username, nickname, password, and profile picture.
  • Demographic information covering your age, gender, and country.
  • Contacts derived from your device address book and social media accounts.
  • Payment information, which our payment processors collect when you make purchases.
  • Correspondence you send to us.

b) Information from communicating with others
When you interact with others through the Services, including but not limited to sharing images or engaging in written or verbal exchanges, we may access, retain, and store the content of these communications, as well as the related details. This process aligns with the tenets of this Privacy Policy and the Terms of Service, unless forbidden by applicable law. By utilizing our Services, you consent to the storage, recording, and disclosure of these communications and related information.

c) Information from using the Services
When you visit and interact with the Website—whether or not you are registered—we automatically collect certain information through technological means or automated interactions. This may include your IP address, device ID, and various metadata (such as HTTP headers or details about the browser you use). We also record the number of downloads and searches you perform. Collecting this data enables us to monitor each user’s activity, detect any fraudulent or unauthorized use, and thus ensure compliance with the applicable Terms of Service and uphold the contractual relationship between you and Anchor Node.

Additionally, these technical data points are used to identify and mitigate potential security threats—such as bot attacks, code injections, or DDoS attacks—and to maintain the overall security of the Website. Our legal basis for processing this data is our legitimate interest in safeguarding our systems and preventing violations of our terms and conditions.

Personal data processed: IP address, device ID, and certain metadata (e.g., browser type, HTTP/HTTPS headers).

2. Purposes and Legal Grounds for Data Collection
Your personal data is processed for various purposes, and each such process must be justified by a valid legal basis outlined in the applicable regulations. We rely on the following legal bases:

  1. Consent: You have granted informed, explicit, and specific consent for your personal data to be processed for a particular purpose.
  2. Legal Obligation: We are legally required to process and, at times, disclose certain information to specific authorities (for example, the Tax Authority) as mandated by law.
  3. Contractual Necessity: Your data is essential for delivering our services to you or fulfilling our contractual commitments.
  4. Legitimate Interests: We process data to further our legitimate interests, provided that these interests do not outweigh your own rights and interests.

The legal grounds for the data processing activities carried out on our Website, in connection with the intended purposes, are as described above.

3. General Use of information

We may process, record, organize, store, update, modify, retrieve, delete, or otherwise handle your information through manual or automated means for the following objectives:

Our payment processors use payment information as necessary to complete transactions or as otherwise required by law.

We also may use the information we collect to:

  • Provide Services, deliver requested items, and supply technical assistance, responses to queries, and support.

  • Send emails, push notifications, text messages, alerts, and other forms of communication about our Services and partner entities’ offerings in alignment with your preferences.

  • Personalize and convey content and advertisements across the Services and third-party platforms, as per your chosen preferences.

  • Establish connections between your devices to evaluate usage patterns, tailor advertising, and enhance the Services.

  • Investigate and curb prohibited actions, including assistance in curbing the use of hacks or cheats by certain users, and enforcing our Terms of Service

  • Enhance and advance the Services and novel products and services, incorporating surveys, polls, and research efforts.

Anchor Node’s legal grounds for processing data encompass instances where:

  • It serves Anchor Node’s legitimate interests, including the above-mentioned purposes and those necessary for rendering the Services.
  • Compliance with legal obligations incumbent upon Anchor Node.
  • Fulfillment of the Terms of Service between Anchor Node and the user.
  • Execution of duties and exercise of rights pursuant to relevant laws.
  • Consent from users, which, where applicable, can be revoked without retroactively affecting the lawfulness of processing carried out before consent withdrawal. Consent is relied upon for specific advertising activities, particular cookie usage, precise geolocation data collection, data consolidation across devices, and international transfers of personal information.

4. Agreement with Our Registered Users (Free or Premium)

When you register as a user, whether free or “premium ,”(premium indicates subscribed users) we collect the personal data necessary to manage and fulfill the contractual relationship between you and us.

If you are asked to provide personal data required by law or under the terms of our agreement and choose not to supply it, we may be unable to complete the contract or deliver the requested service. In such cases, we will notify you.

  • Personal Data Collected (Free Users): Username, email address, name, address, and profession. Only the email address and username are mandatory.
  • Personal Data Collected (Premium Users): Includes all the above, plus country, city of residence, identity document, tax residence, and payment method, all of which are mandatory.

You may also register for a GameAIfy account using an existing account on another platform, such as Google, through the federated login option on our website. This feature allows you to access GameAIfy without creating a separate username and password.

This is facilitated by a collaboration between GameAIfy and Google, acting as joint controllers of your personal data. Through this arrangement:

  1. You authenticate your identity on Google’s platform.
  2. Google confirms your identity.
  3. Anchor Node creates your account based on this verification.

With your consent, Anchor Node receives your username, profile image, and email address from Google to register your account. Meanwhile, Google collects online identifiers (e.g., IP address), technical identifiers from your device, and advertising identifiers (e.g., your “Google ID”). Each time you log in via Google, Google records the date and time of your access to GameAIfy. For more information, refer to Google’s Privacy & Terms.

You can exercise your rights to access, rectify, erase, restrict processing, transfer your data, or withdraw consent for personal data obtained from these platforms (or other data shared with Anchor Node) by contacting us via the email address provided in this policy.

Please note that making changes or deleting data in your GameAIfy account does not automatically update or remove your information on the platforms used for authentication. To update or delete this data, you must contact the relevant platform directly.

If you wish to exercise your personal data rights for information managed by these external platforms, you should reach out to the respective platform for assistance.

5. Circumstances of information disclosure

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

a) Within Anchor Node: We share information across Anchor Node owned websites.

b) Collaboration with Business Partners: We share information with external partners and service providers, encompassing entities related to payment processing, platform services, game development, game publishing, provision of game consoles, customer support, cloud storage and hosting, social media corporations (who may accumulate data during Service use or upon linking with social media accounts), as well as analytics and advertising enterprises. This collaboration is intended to enhance the Services and facilitate business operations. For further insight into these business partners, kindly initiate contact with us.

c) Disclosure to Other Users. Your profile, encompassing your ID and profile image, coupled with details concerning your Services-related activities, might be accessible to fellow users of the Services or external sites and services. For example, your game achievements, scores, and profile specifics could be viewable by fellow Service users or, should you choose to sync with platforms like Facebook, visible to users of such platforms.

d) Legal Purposes. We may furnish your data to external parties when such action is necessitated by legal obligations or is in alignment with collaboration requirements with regulatory bodies or law enforcement agencies. Such information dissemination may transpire to safeguard the rights or assets of Anchor Node, including the enforcement of our Terms of Service and End User License Agreement, among other objectives. Additionally, disclosures may transpire if we ascertain the presence of an emergency situation that poses a danger to your well-being, that of another individual, or public safety.

e) Corporate Transactions: In the event of corporate transactions involving Anchor Node—such as mergers, acquisitions by other entities, asset transfers, or, in the improbable instance of bankruptcy—your data may be transferred to the successor entity in line with pertinent legal provisions.

f) Consent-Based Disclosure

For purposes outside the aforementioned scenarios, we may share data contingent upon your consent or in accordance with the intentions communicated to you during the data collection process.

6. Information Security
We uphold rational and suitable measures encompassing physical, electronic, administrative, and procedural safeguards to ensure the security of your data. Despite the implementation of sensible precautions to counter potential loss, improper use, or unauthorized entry, it must be noted that no data storage system or internet-based data transmission can guarantee absolute security. The information we amass will be retained for a period solely reasonable for fulfilling the aforementioned objectives, unless otherwise dictated by pertinent legislation. It is important to acknowledge that data acquired by third parties might lack the equivalent security safeguards found in information submitted to us, and we bear no responsibility for safeguarding the security of such data.

7. Cookies and similar technologies
Cookies are small digital files that are automatically generated upon visiting a website and are stored on your device.

We authorize external entities, including analytics providers, advertising networks, and supplementary advertising service providers, to employ cookies and comparable technologies for the acquisition of data concerning your interactions with applications and your utilization of services across diverse devices. These third parties may exploit this data for the purpose of presenting advertisements on our Services and other online platforms, spanning a variety of websites and services, finely tailored to align with your inclinations, preferences, and attributes. You possess the option to govern the utilization and disclosure of information for these objectives.

By accessing our website or employing our services, you express consent with our utilization of cookies, as harmonized with the provisions laid out in this Privacy Policy. It is feasible to deactivate cookies through the settings of your web browser or mobile device; however, this course of action will result in the compromise of the complete functionality of our services.

a) Required Cookies: Our deployment of security-centric cookies serves the purpose of safeguarding our services. These Security and Service Integrity Cookies may, among other functions, facilitate the identification of potential fraudulent or abusive activities, the enforcement of our Terms of Service and End User License Agreement, and the assurance of user safety. These cookies are obligatory and cannot be blocked if you intend to use the service.

b) Performance and Operational Cookies: We engage analytics and research cookies to gather insights about how visitors interact with our services. This includes aggregated data such as the overall count of service users and the types of devices used. Such information may be employed to generate anonymized, consolidated reports and to contribute to service enhancement. Feature tracking cookies are also utilized to obtain information about service performance, subsequently informing improvements and generating reports.

c) Advertising Cookies: Advertising cookies are leveraged to personalize the advertisements exhibited to you within the Service and on third-party platforms.

d) Other entities placing advertisements on our websites, games, and/or applications may also employ cookies to procure information about you upon interacting with or clicking on advertisements. We bear no jurisdiction over the actions of these third parties and are unable to assure compliance with comparable privacy and security protocols as our own. Any inquiries regarding the usage of collected data by them should be addressed directly to these entities.

8. Exercising your preferences

Anchor Node affords you a range of alternatives for governing the utilization and sharing of your data, including:

Email Correspondence: You hold the prerogative to opt out of receiving commercial email communications from us. To have this take into effect, you are to adhere to the unsubscribe instructions furnished in our email messages. It’s important to acknowledge that even if you opt out of commercial email messages, you may still receive notifications pertaining to your account, transactions, and analogous service-related messages.

Geolocation Information: Your device’s functionalities may permit you to manage the collection and potential sharing of precise geolocation data with third parties through your device settings. It should be noted that opting out of supplying precise geolocation information might necessitate adjustments to various settings, not exclusively those related to location permissions. Opting out of providing exact geolocation information may lead to the deduction of your approximate location from your IP address and other amassed data. Refer to your device settings for further insights.

Cookies and Comparable Technologies: You may have the capacity to decline or deactivate cookies by configuring your web browser preferences. Given the diversity in web browsers, consult the guidelines provided by your browser (typically under the “help” section). Additionally, you might need to undertake supplementary steps to disable or disallow local storage and akin technologies. For instance, Adobe Local Shared Objects can be managed through the instructions accessible on Adobe’s Setting Manager page. Be aware that the removal of cookies from your browser might, in certain instances, revoke your preferences for interest-based advertising. Electing to decline, deactivate, or erase cookies and similar technologies could potentially curtail some functionalities of the Services.

Do Not Track Signals and Analogous Mechanisms: Specific web browsers may dispatch “do-not-track” signals to websites with which the user engages. Presently, Anchor Node does not implement actions in response to such signals.

Interest-Based Advertising: Although an entire cessation of advertising is unfeasible, you retain the authority to regulate the receipt of interest-based ads contingent on data amassed or received regarding your online activities and interests across various devices and unaffiliated sites and services. Opting out of interest-based ads furnished by entities engaged in self-regulatory initiatives, such as the Network Advertising Initiative (US), the Digital Advertising Alliance (US), EDAA (EU), and DAAC (Canada), can be executed by adhering to the directives outlined on their respective websites. If you’re using a mobile application, you may also need to opt out of interest-based advertising via your mobile device or app. Consult your device and app settings for additional guidance. It’s important to note that your opt-out selection is applicable solely to the browser and device in use when you enact the opt-out process.

9. Data Rights and Withdrawal of Consent

The regulations in your jurisdiction might grant you certain entitlements to:

  • Request access to, rectification of, imposition of restrictions on, portability of, duplication of, or erasure of your data.
  • Request the cessation of data processing or the erasure of your account.
  • Modify or revoke the scope of your consent.

In the event of consent withdrawal, data processing for the aforementioned purposes will cease, although this action will not impact the processing of data previously governed by your consent. When technologically viable and mandated by pertinent law, we shall effectuate data portability upon reasonable request. It is to be noted that submitting a request to withdraw consent, restrict or halt data processing, or delete your account or data may impede your access to the Services or particular functionalities. To assert your rights in consonance with applicable laws, kindly initiate contact with us.

10. Models Featured in Our Content

If you are depicted as a model in images offered on our website, we process your personal data as outlined in the legal documentation. Your images are incorporated into our products for marketing purposes on our platforms, based on your agreement with either the external creator or directly with us.

Your images may also be used for purposes such as software development, algorithm training, testing, or improving machine learning models. These uses are conducted in combination with other content types, such as images, text, graphics, films, audio, and audiovisual works, in an aggregated format. This ensures that the processing does not aim to or enable uniquely identifying you.

  • Personal Data Processed: Your images, as well as the data included in the image rights assignment document (name, surname, identity document or equivalent, and address).

Your data is made publicly accessible worldwide via the internet—through our websites—and shared with third parties through licensing or content access agreements. These international data transfers may involve countries with data protection standards lower than those provided under the GDPR. However, they are carried out in accordance with the exception under Article 49(1)(a) of the GDPR.

You may refer to User’s Rights under GDPR for more details about GDPR on section (21) below.

11. AI-Based Products

We provide AI-based products that allow you to generate images using your inputs, including your own image or other images you choose to upload. The data you provide will be processed for the following purposes:

  • Service Provision: To deliver our services as outlined in our terms and conditions and usage policies, based on our contractual agreement.
  • Image-Based Features: To create avatars or recreations based on your uploaded images or photos taken through your device, with your consent.
  • Security Maintenance: To ensure the security, integrity, and resilience of our systems, based on our legitimate interests.
  • Product Improvement: To enhance user experience and improve our AI models using the inputs and outputs from AI-based products, based on our legitimate interests. Note that your uploaded images or personal photos will not be used to train or refine our AI models.
  • Additional Data Processing: The data processing outlined in section 4 applies if you are a registered user.

Your images or uploaded files will not be shared with third parties and are discarded immediately after creating the requested avatars or recreations. Additionally, no processing activities aim to uniquely identify you.

Personal Data Processed:

  • User data mentioned in section 4 (if you are a registered user).
  • Inputs provided while using AI-based products, along with the generated outputs.
  • Your own image and other uploaded images, subject to the limitations described above.

12. Underaged minors (18 and under)

We do not intentionally gather or trade personal information belonging to individuals under the age of 18 (or the age as specifically delineated by applicable legislation) without acquiring parental consent or unless sanctioned by relevant legal statutes. Should we become cognizant of the acquisition of personal information from an individual under the prescribed age through our Services, we shall promptly erase said data along with any linked account pertaining to said user. In the event that you suspect the collection of information from an individual below the specified age, kindly reach out to us.

Note that Anchor Node reserves the right to modify this Privacy Policy. Should such alterations be made, we shall duly inform you prior to the implementation of these modifications by publishing the revised policy through the Services or employing other suitable methods as per relevant legal stipulations. The enforceability of any revisions to this Privacy Policy shall transpire subsequent to a reasonable interval, as stipulated within the notification detailing said alterations.

Safeguarding the confidentiality and integrity of your data stands as a paramount concern. Should you possess inquiries or apprehensions pertaining to this Privacy Policy or our data handling procedures, kindly reach out to us at contact@anchornode.io.

13. Data Retention Periods

We process your personal data only for as long as necessary for the relevant purpose. After processing ends, your data is retained in a blocked state for various periods, primarily to address potential liabilities arising from our interactions. The specific retention periods are outlined below:

  1. Website Security and Anti-Fraud Measures: Data is retained for 13 months.

  2. Contracted Services and Customer Agreement: Data is stored while the users are still registered on our website, then blocked for five years to address potential contractual or intellectual property claims, and for six years for account information.

  3. External Designer Contracts: Data is processed during the validity of the intellectual property license and blocked for five years afterward to manage potential liabilities.

  4. Commercial Email Communications: Data is processed for up to three years from the last interaction or until you object, whichever occurs first.

  5. Advertisements via Cookies: Retention periods for cookies are detailed in our Cookies Policy, which includes specific durations for first-party cookies and links to third-party cookie policies.

  6. Non-Commercial Inquiries: Data is deleted once the inquiry is resolved.

  7. Website Management via Cookies: Details on cookie retention are available in our Cookies Policy.

  8. Model Data in Content: Data is processed during the external creator’s contractual relationship and retained for a specific time period five years afterward to address potential liabilities. However, it also may be deleted in accordance with our internal policy.

  9. Professional Contact Data: Retained for up to three years from the last interaction or until you object, whichever occurs first.

  10. AI Products: Images provided by users are retained. Also, prompts and outputs generated by our products are stored.may be deleted after a specific time period in accordance with our internal policy.

  11. Legal Obligations: Data is retained in accordance with limitation periods for potential liabilities and specific regulatory requirements.

Any deletion of data and accounts will occur AFTER the period indicated above DURING THE FOLLOWING WEBSITE MAINTENANCE. However, accounts or any data will be deactivated as indicated above section 13.

APPENDIX

14. Rights of California Residents (California Consumer Privacy Act)

For users residing in California, specific rights may be accorded to them.

Categories of Personal Information Collected or Disclosed for Business Purposes

Within the 12 months prior to the issuance of this Privacy Policy, we may have procured and/or revealed certain categories of personal information enumerated in the California Consumer Privacy Act (CCPA) for business objectives.

Identifiers: Including but not restricted to name, mailing address, email address, and online identifier (e.g. IP address)

Personal information categories as defined in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)): Encompassing user records like phone numbers, billing addresses, credit or debit card data

Protected classification attributes under California or federal law: Specifically, gender for identification

Commercial information: Comprising records of acquired, considered, or purchased products or services

Internet or analogous network activity: Encompassing online behavior, interactions with websites, emails, applications, or advertisements

Geolocation data: Geographic data related to user location

Inferences drawn from other personal information: Deductions made from the aforementioned data to infer attributes and preferences

Rights to Your Personal Information

California residents retain the following rights, exercisable up to twice every 12 months:

15. Right to Request Information Disclosure

Subject to delineated exceptions within the California Consumer Protection Act (CCPA) and relevant legal stipulations, you have the prerogative to request that the Company divulge specific details regarding the collection and utilization of your personal information within the past year. These rights encompass:

  • Specific personal information collected over the 12 months prior to the current notice
  • Categories of personal information collected, disclosed, or sold for business purposes within the last 12 months
  • Our business motives for gathering said personal information
  • The categories of third parties with whom we share this personal information

16. Right to Request Information Deletion

You retain the right to petition for the erasure of your personal information held and collected by the Company, subject to delineated exceptions within the CCPA and applicable legal frameworks. Implementation of access, data mobility, and deletion rights is aligned with the previously discussed procedures. Verifiable consumer requests for data portability and erasure can be submitted via the avenues provided.

17. Verifiable Consumer Requests

To be deemed valid, verifiable consumer requests must meet the following criteria:

Furnish adequate information enabling a reasonably high level of confirmation that the requester is indeed the individual for whom we hold the personal information. This might necessitate supplying a minimum of two pieces of personal data to correspond with the information maintained by us, for verification purposes, establishing reliability.

Precisely outline your request to facilitate proper understanding, evaluation, and response. Failure to verify your identity or authority, and by extension, the related personal information, may result in an inability to honor your request.

Note: No account creation is requisite for submitting verifiable consumer requests. Provided personal information in identifiable consumer requests serves to validate the identity or authority of the requester.

18. Privacy Policy of Advertising Partners

Your personal information is not “sold” to third parties for any other purposes.

19. Non-Discrimination

The Company does not discriminate against users availing themselves of their rights under CCPA. However, certain features or functions offered by the Service might change or cease to be provided, due to considerations of value provision.

20. Lawful Processing of Personal Information under GDPR

The processing of personal information by the Company is deemed lawful solely if and when at least one of the following criteria applies:

  • Consent has been granted by the user for the processing of their personal information.

  • Processing is essential for the fulfillment of a contract to which the user is a party, or for undertaking pre-contractual measures at the user’s behest:

  • This encompasses member management, identification, and performance of contract obligations.

  • Processing is requisite for adhering to a legal obligation to which the Company is subject, encompassing legal conformity, regulations, legal proceedings, and governmental requisitions.

  • Processing is necessary for protecting the vital interests of users or other individuals, encompassing the detection, prevention, and response to fraud, abuse, security threats, and technical issues potentially impacting users or others.

  • Processing is essential for the execution of a task carried out in the public interest or in the exercise of official authority vested in the Company.

  • Processing serves the legitimate interests pursued by the Company or a third party, barring instances where such interests are superseded by the interests or fundamental rights and freedoms of data subjects necessitating the protection of personal data, particularly when the data subject is a minor.

21. User’s Rights under GDPR

Users or their legal representatives, acting as primary agents of the data, hold the authority to exercise rights pertaining to the collection, usage, and sharing of personal information by the Company.

22. Submitting a Complaint

If you disagree with how Anchor Node Company processes your personal data, you can reach out to us via email at contact@anchornode.io