Our Commitment to Online Privacy
Acceptance of Policy
We know these privacy policies can be tedious to get through. However, by continuing to use our Online Services, you agree to let us use your information in the ways discussed in this Policy, which is why you really should stick it out and read the whole thing.
Changes Made to This Policy
We may modify this Policy from time to time. The date at the top of this Policy lets you know when this Policy was last revised. It is important to check back here occasionally to make sure you have read the latest policy. By continuing to access or use our Online Services after the policy changes, you agree to the current Policy.
Online Services this Policy Covers
WarGames is an innovative platform that allows users to interact with our unique algorithms to customize and experiment with generative art. For users that purchased a WarGames Token (as defined in our ToU), the platform will also support the minting of art customized on the Site (the “Work”) that is also connected with your wallet. This Policy applies to our online services, including our website platform wargames.app (the “Site”), our social media accounts, and any future WarGames online service that we develop (collectively the “Online Services”). For more information about the Online Services we offer and how they operate, view our ToU.
Services this Policy Doesn’t Cover
Our Online Services may contain links to third-party websites, or we may utilize services that are not owned or controlled by WarGames. Be aware that we have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party website or service. We do not warrant the offerings of any third party and are not responsible or liable for any damage or loss caused, or alleged to be caused, by your use or reliance on content, goods, or services available through third parties. We strongly advise you to read the terms and conditions and privacy policies of any third-party website or service you engage with.
UNLESS SPECIFICALLY STATED OTHERWISE, ALL NFT AND PAYMENT TRANSACTIONS INITIATED THROUGH OUR SITE ARE FACILITATED AND RUN BY THIRD-PARTY ELECTRONIC WALLET PROVIDERS AND PAYMENT PROCESSORS, AND BY USING OUR SITE, YOU AGREE THAT YOU ARE GOVERNED BY THE TERMS OF SERVICE AND PRIVACY POLICIES FOR THESE APPLICABLE THIRD PARTIES.
What Is Personal Information?
“Personal Information” is any information that may allow for an individual to be personally identified. For example, your name, email address, social security number, phone number, residential address, and credit card details are all considered Personal Information. Other information, such as your interests, economic status, customer number, IP address, geolocation, education, and job title, may also be considered Personal Information if that information, when combined with other information, is used to reveal your identity.
Personal Information WarGames Collects
We only collect Personal Information from you when you voluntarily consent for us to use it.
You voluntarily consent for us to collect, use, and store your Personal Information by:
Connecting Your Wallet to the Site:To save or submit any Work customized on the Site, you must connect your wallet to the Site. To connect your wallet, you may use either MetaMask or WalletConnect following the third-party links on our Site. We will store all wallet public key addresses on a server-side database. We will never get access to your private key. Any Personal Information provided to MetaMask or WalletConnect as part of this process will be stored by MetaMask and WalletConnect, respectively, according to their privacy policies and terms of service, which we strongly advise you to read.Directly Providing the Information To Us:Sometimes, we may ask for additional Personal Information from you so that we can effectively give you information about our business or help you with a particular inquiry. When you give us your information on your own accord in this manner, you consent for us to collect, use, and store the Personal Information you provide. Specifically, you consent for us to use the information you provide to us when you reach out to us by email or our social media accounts, interact with our support or customer service teams, and interact with our social media accounts. If you are posting on our social media platforms or sharing on social media, you should always be aware that these platforms are accessible to the public.
What About My Banking/Credit Card/Private Key Information?
All purchases of WarGames Tokens, minted Works, and subsequent sales of minted Works are processed directly through the third-party services Archipelago and OpenSea. This means we never personally see or store your credit card information or wallet private key information when you use our Online Services. When making a purchase through such a third-party vendor, we cannot control and are not liable for how your purchases are processed, and you are subject to such third parties’ terms of service and privacy policies.
What About My Account Passwords?
We don’t personally require you to have a user account to browse our Online Services or to mint a Work. However, if you wish to save, favorite, or mint a Work that you customized, you will be required to connect your wallet, which will give you access to such offerings. You may also be required to create other third-party accounts while interacting with our Online Services, such as via Archipelago, OpenSea, MetaMask, WalletConnect, or a social media platform (the “Third-Party Accounts”). We have no control over Third-Party Accounts or the Personal Information requested by these third parties to set up such Third-Party Accounts. We do not have access to passwords created for Third-Party Accounts, and the third-party company completely administers these passwords.
Reasons WarGames Collects Personal Information
We do not collect your Personal Information to sell, rent, trade, or otherwise abuse it. We only use your Personal Information for our legitimate business purposes, including, but not limited to, the following reasons::
To personalize our online features and content; To provide our Online Services; To fulfill or enforce a contract that you have entered into with us; To help you efficiently access your information; To improve, monitor, and test our Online Services and new products or features; To prevent, investigate and address any misuse of our Online Services; To learn about the types of people that are using our Online Services and how we can better market to those people; To allow you to contact us; To allow you to participate in social sharing; To respond to your inquiries and fulfill your requests; To comply with law enforcement and other regulatory authorities; and To communicate with you about our Online Services and projects. Sharing of Personal Information with Third Parties
Although we try to limit who we share your Personal Information with, there are situations where sharing is necessary for our legitimate business purposes. We may share your Personal Information with third parties in the following ways:
Agents: Sometimes, we may need to use other trusted companies and individuals to help us provide our Online Services. Whenever a company or individual is working for us, they are acting as our agent. Sometimes our agents may need to access your Personal Information for a particular task, but they do not have the right to use your Personal Information beyond what is necessary and must comply with our privacy practices. New Owners: If we are involved in a bankruptcy, merger, acquisition, reorganization, or sale of assets, your Personal Information may be sold or transferred as part of that transaction. Third-Party Software and Apps: We use several third-party software and apps to make our jobs a little easier. Some Personal Information may be stored, processed, or shared with these software companies and apps. Other Companies Owned by FINE: WarGames may share information with other companies that are affiliated with FINE, or wholly or partially owned by FINE, or the majority equity holders of FINE. Law Enforcement: We may sometimes be required to share your Personal Information with law enforcement. We will only share your Personal Information when we believe, in good faith, that sharing your information is necessary to protect our business, our clients, or we are obligated under the law to provide such information. Examples include where a legal warrant or subpoena has been issued to us, where we must report information due to a belief that fraud or misuse of our Online Services has occurred, or where our property or safety, or a user’s property or safety, is at risk. In fraud cases, we may also be required to share your Personal Information with investigatory authorities and banks. Email Policy Emails you can opt-out of: We may at times send you emails to keep you updated on what is happening with our business and new Online Service offerings. If you are receiving these types of emails or other marketing emails, it means that you consented to receive these emails either by clicking an opt-in box or by otherwise letting us know that it was all good for us to use your email address in this way. Of course, you are always free to opt-out of these emails by simply clicking “unsubscribe.” We will be sad to see you leave! Emails you will not be able to opt-out of: You will not be able to opt-out of some important emails. For example, we may notify you that updates have been made to this Policy, on the status of a mint pass that you purchased, a Work that you minted, or in the unlikely event that our security safeguards have been breached. Personal Information Retention and Your Rights WarGames only keeps your Personal Information for as long as necessary to provide our Online Services and per our legal obligations. Depending on your residency, under the law (e.g., the California Consumer Privacy Act and General Data Protection Regulation), you may also have the right to request at any time for us to:
Give you access to any Personal Information that we have processed; Disclose third parties we have shared your Personal Information with; Correct any Personal Information that may have been incorrectly processed; Delete your Personal Information from our storage systems; Transfer your Personal Information to another service when technically feasible; and Stop using your Personal Information in specific ways by withdrawing the consent you have given us. Regardless of whether we are obligated under the law or not, if you would like us to do any of the above, you can contact us using the information provided at the end of this Policy. We will do our best to try to fulfill your requests. However, sometimes we may be required to retain your Personal Information to comply with our administrative, legal, and/or regulatory obligations. For example, we may be required to keep a history of transactions to report our taxes or may need to retain some Personal Information for law enforcement purposes (e.g., fraud monitoring, detection, and prevention). Additionally, we reserve the right to de-identify your data by removing identifying details rather than delete it completely. Please note that information stored in connection with an NFT sale or purchase, or the minting of a Work, cannot be edited or deleted, and we do not have custody or control over any blockchains.
Where Your Information is Processed and StoredWe are a business that is formed and operated in the Zug, Switzerland. However, in addition to storing Personal Information directly onto our servers, we also may use some third-party cloud storage systems and apps to ensure that your Personal Information is not lost. These third parties may store and transfer your Personal Information outside of Switzerland. In certain situations, the courts, law enforcement agencies, regulatory agencies, or security authorities in those countries might be entitled to access your Personal Information. If you choose to disconnect the MetaMask or WalletConnect extension from our Services, we will make reasonable efforts but cannot guarantee that all personal information associated with that account will be deleted from our servers; please reach out directly if you wish to ensure that all information has been deleted. We reserve the right to retain aggregated information that is disassociated with your personal information.
Liability for Third-Party Software, Apps & Services
We always use our best efforts to pick reputable third-party software, platforms, services, and apps. However, we do not control such third parties and are not liable for any breach of privacy or data security that occurs due to the fault of these third parties.
Keeping Your Information Safe
We are committed to protecting your Personal Information and have physical, electronic, and managerial systems and procedures in place to help safeguard your Personal Information. Unfortunately, no system can guarantee complete security. Third-party viruses or security failures may result in your Personal Information being compromised. You can help prevent unauthorized access to your Personal Information by using antivirus software, creating strong passwords, and limiting access to your personal computer. In the unlikely event that your Personal Information is compromised due to a security breach on our end, we will notify you, per the law, as soon as reasonably possible.
Protection of Children
Our Online Services are not targeted or intended to be used by people under the age of 18. All children between the ages of 13 and 17 must have permission from their parent or guardian before accessing our Online Services. You must be over the age of 18 to purchase a mint pass, mint a Work, or sell a minted Work. If you live outside of Switzerland, your country may apply stricter age limits. In some cases, even if you are older than 13, you may not be legally allowed to access our Online Services regardless of having parental permission. We do not knowingly collect Personal Information from anyone under the age of 13 and delete such Personal Information as soon as we become aware of it.
We will always try to resolve your concerns about our privacy practices promptly and hope that together we can find a solution without involving costly legal channels. However, if we cannot agree, by using our Online Services, you agree to binding arbitration rather than formal court proceedings to have the matter resolved. You can read more about this process in our ToU. THE DISPUTE RESOLUTION TERMS IN OUR TOU MATERIALLY AFFECT YOUR ABILITY TO BRING A LAWSUIT AGAINST US IN REGARDS TO THIS POLICY AND OUR ONLINE SERVICES. PLEASE READ THESE TERMS CAREFULLY.
Additional ToU Terms
This Policy and our ToU represent the entire and exclusive agreement between our users and us. All previous written and oral agreements and communications related to the subject matter of this Policy and our ToU are superseded.
If you have any questions about this Policy, our ToU or the WarGames Online Services, or would like a copy of this Policy or our ToU mailed to you electronically, you can contact us directly at:
Email address: email@example.com