Privacy Policy Modus Games
About us
Founded in 2018, MODUS GAMES is a subsidiary of MAXIMUM GAMES.
Founded in 2009, MAXIMUM GAMES is a video game publisher and distributor specializing in physical and digital distribution of innovative games worldwide. The company is based on California and has three subsidiaries in Europe:
- Maximum Games Ltd, registered with the Registrar for Companies of England and Wales under the number 2955670
- Maximum Games Ireland Ltd, registered with the Registrar for Companies of Ireland under the number 577081
- Maximum Games BV, registered with the Netherlands Chamber of Commerce Register under the number 856022329
We Create Stuff (Totes Magotes LTD) is a group of talented indie developers and the creative masterminds behind hit projects such as the Nightmare House series.
Your privacy is very important to us. Accordingly, we carry out our business activities in full respect of essential data protection principles such as lawful, fair and transparent personal data processing, as well as accountbility. We are particularly committed to operate in compliance with all laws and regulations pertaining to data privacy, notably the Regulation (EU) 2016/679 (General Data Protection Regulation, GDPR), in force as of May 25th, 2018 (collectively referred hereafter as “Applicable Law”).
We wish to provide our customers with a clear overview of our personal data processing practices. Accordingly, we have developed this privacy policy (hereafter “Policy”) for you to understand how we collect, use, and communicate your personal information.
Finally, we wish to remind you of the rights you have over said information.
Essential definitions
Personal data (or Data) refers to all information relating to a natural person identified or identifiable, directly or indirectly, by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Processing means any operation performed on Personal Data, whether or not by automated means, including but not limited to collecting, recording, structuring, altering, retrieving, consulting, disclosing or erasing said data.
Data subject: a natural person who can be identified or is identifiable, directly or indirectly, by means of personal data processing.
Other definitions used in this Policy shall have the meanings set forth by the GDPR. In this regard, MAXIMUM GAMES acts as data controller for the purposes of the Applicable Law.
About the collection AND USE of your Personal Data
We can collect the following types of data:
- information relating to your identity (name, contact email, phone number, location)
- identity of the gaming console
- Internet provider and IP address (traffic sources)
- visitor behaviour, including purchase history and times spent playing games
- Any addition information you may provide when using the contact form
This collection is made for the purposes below, based on MAXIMUM GAMES’ legitimate interests:
- assess feedback from gamers and customers improve our products and services
- demographic studies to measure community engagement develop new games for the right audiences
Also, collection of Persona Data can be made on the basis of your consent:
- internal marketing purposes
- to process your job application
- to process your request and answer your questions
Please be aware that regarding the purposes above; you are free to withdraw your consent at any time. If you choose to do so, you will no longer be able to gain access to new levels and services. Regardless, personal data Processing carried out prior to your consent withdrawal will remain lawful.
The Data that is indispensable for Maximum Games and Totes Magotes to fulfil the purposes that are described above is marked with an asterisk on the various pages of the Site. Should you not fill in these mandatory fields, Maximum Games may not be able to take care of your demands and/or to provide you the requested services. Other Data is purely optional and allow us to know you better and to improve our communications and services accordingly.
We may allow you to share information about our Services on websites (in their fixed or mobile version, including corresponding applications) of social networks (Facebook, Twitter, etc.), including through sharing buttons. We remind you that access to these Social Networks requires your acceptance of their contractual conditions, including provisions relating to the Personal Data Regulations for the processing carried out by them, regardless of our pages on these Social Networks.
To learn more about protecting your Personal Data when browsing these Social Networks, we invite you to consult their respective privacy policies and our Cookies policy [Link to the Cookies policy]
HOW LONG DO WE SAVE YOUR PERSONAL DATA?
We will retain your Personal Data for a period no longer than necessary for the fulfillment of the purposes above. However, said data can be retained for longer periods of time in order to meet legal or regulatory requirements from national law.
As a newsletter subscriber: The Data that is used for the purpose of sending you information concerning the offers, news and events of Maximum Games and Totes Magotes LTD and shall be kept for a period of three (3) years as of the date on which it was collected or as of your last contact with Maximum Games or Totes Magotes LTD. Upon expiry of this timescale, Maximum Games or Totes Magotes LTD may get in touch with you to find out whether you wish to continue to receive information about our offers, news and events. Your Data shall be destroyed within a maximum of 1 month following any request on your part to unsubscribe.
As a candidate: in the event of a negative outcome to your application, the recruiter will ask the candidate’s permission to keep his/her information. If the latter refuses, the information is destroyed. If, however, the candidate agrees, his/her Personal Data is kept for a period of two (2) years
Finally, the connection logs that are collected, subject to your consent, using the cookies and other tracers implemented on our Site, shall be kept in accordance with applicable laws and regulations for a period of time that does not exceed thirteen (13) months. For more details, see our cookies policy [link to the Cookies policy].
DO WE SHARE YOUR PERSONAL DATA?
Your Data shall be processed by Maximum Games and will also be shared with Totes Magotes LTD. It shall not be transferred or made accessible to any other third party apart from possible subcontractors of Maximum Games (carriers, providers of hosting and maintenance services of the Site, etc.), for purely technical and logistical reasons.
Finally, Maximum Games may disclose your Data to third parties if such disclosure is required by law, by a regulatory provision or by a court ruling, or if this disclosure is necessary to ensure the protection and defence of its rights.
How do WE SECURE YOUR PERSONAL DATA?
We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
About international transfers of your Personal Data
The recipients of your Data may be located abroad, including outside the United States of America or the European Economic Area. Any transfer of your Data outside the European Economic Area shall only take place subject to appropriate safeguards being in place, such as contractual safeguards, in keeping with applicable data protection laws and regulations.
Your rights as a Data Subject
As a Data Subject, in accordance with Applicable Law, you can exercise the following rights:
- access to your Personal Data
- rectification or erasure of your Personal Data
- restriction of processing of your Personal Data
- Data portability whenever this is applicable
- Objection to the Processing. Note that you can exercise this right in the context of an automated decision based solely on automated processing, which produces legal effects concerning you
If you are a French national, you also have the right to decide the manner in which your Personal Data may be used after your death.
These rights may be exercised directly by contacting our Data Protection officer, sending an e-mail to support@maximumgames.com or by sending a letter to 590 Ygnacio Valley Rd. Ste. 220, Walnut Creek, CA 94596. Kindly be aware that you may be asked additional information to provide proof of your identity.
You may also contact Totes Magotes LTD (We Create Stuff) directly by contacting team@totesmagotes.games.
Please be informed that you have the right to lodge a complaint with the relevant Data Supervisory Authority in your country.
Policy updates
The Policy may be updated from time to time in order to adapt it to legal or commercial developments. Any modifications or additions made to the Policy shall take effect when published on the website. If we make significant changes we will let you know but please regularly check this Policy to ensure you are aware of the most updated version.
Last update on 04 June 2020.
