Privacy Policy

Introduction and general terms

These terms apply to the use of Clients and other products developed by THE NIGHT OWL COMPANY (Amber.gg /Amber/‘we’/‘us’). Our registered office is at 15 rue des Halles, 75001 Paris. We are a company registered in France (Company Number 898825807).

This privacy and data policy (“Privacy Policy”) applies and has effect in respect of all of our online services and other software and products made available by us (together the “Clients“), as well as any other online features relating to our business including our website at Amber.gg and related subdomains ( the “Websites”), any mailing lists we operate (the “Mailing List”), our user support centre at Amber.gg/support (the “Support Centre“). Together the Clients, the Website, the Mailing List, the Forums and the Support Centre are referred to as the “Online Services”.

If you have any questions or comments about this Privacy Policy, please contact us at support(at)amber.gg.

We are committed to protecting and respecting your privacy. The Privacy Policy explains the basis on which personal information we collect from you will be processed by us or on our behalf. Where we decide the purpose or means for which personal data you supply through these Online Services is processed, we are the “data controller.” We will comply with all applicable data protection laws, including the General Data Protection Regulation 2016/679.

Please read this Privacy Policy carefully as it contains important information about the following:

• What information we may collect about you;
• How we will use information we collect about you;
• Whether we will disclose your details to anyone else; and
• Your choices and rights regarding the personal information you have provided to us.
• This Privacy Policy should be read in conjunction with our terms of use for the Website and any terms applied to any of the Clients.

The Online Services may contain hyperlinks to services owned and operated by third parties, on enable the Online Services to be connected to those services by other means. Third party services may have their own privacy policies and we recommend that you review them. They may govern the use of personal information that you submit, or which is collected by cookies and other tracking technologies whilst using these services. We do not accept any responsibility or liability for the privacy practices of such third-party services and your use of these services is at your own risk.

We may make changes to this Privacy Policy in future, which will be notified to you.

Information we may collect about you

We collect and process the following information which may include your personal data.

Information provided when you register our online services ("Registration information")

In order to access restricted sections of the Website and install a Client, you are required to providing the following information:

• Username;
• Email;
• Password;
• Country;
• Date of birth;
• First Name;
• Last Name.

When you sign up or login to our Online Services, we collect the following information:

• Type of device used;
• IP address;
• Geolocation details including region, country, state, city;
• Type of browser used; and
• Identifiers associated with your devices.
• Optional information provided by you when using the online services ("Optional information")

If you wish, following registration you may be able to add the following information to your Amber.gg profile, by using your Amber.gg account settings:

• Full address;
• Time zone;
• Phone number;
• Avatar picture;
• Twitch account;
• Facebook profile;
• Twitter profile;
• YouTube profile;
• Discord profile; and
• Google profile.

You may also be able to connect your Amber.gg account to third party platforms in which case we collect the following information in respect of each third-party platform:

• Username/nickname
• User ID
• An access token, to allow us to connect to your third-party account and to ensure we are connecting to the correct third-party account; and
• A refresh token, which allows us to request additional access tokens, and therefore re-connect to third party accounts, until the refresh token is withdrawn (if, for example, you decide to disconnect your account from the third-party platform).

If you choose to link a game to your Amber.gg account, we will collect the following information in respect of each game:

• Nickname;
• ID;
• Rank/Skill Level/Elo, which is based on your previous performance in games;
• Basic profile statistics;
• Bans information; and
• List of Friends (Steam only).
• Information provided by you when using the online services ("Basic information")

We will collect the following information from you when you play a game using one our Clients:

• Match statistics;
• Match results;
• Event logs, which relate to your in-game behavior

If you have installed anti-cheat software, we will also collect Anti-Cheat Logs. This privacy policy should be read in conjunction with any other terms or notices applied to anti-cheat software.

Information used to understand how users have found our online services ("Attribution information")

When you sign up, we record the web page from which you have accessed Amber.gg.

Contact information provided by you when you contact us ("Contact information")

We may ask you for, or you may submit, certain contact information to us whenever you contact us through the Support Centre.

This may include:

• your email address; and
• your name.

Information provided by you when using the forums ("Forum information")

In order to set up an account to use the Forums, we will collect the following information from you:

• username;
• email address;
• password; and
• a unique User ID which identifies your account.
• Alternatively, you may choose to login with your Amber.gg website account.

Information collected for the purposes of providing analytics ("Analytics)

We may collect technical information about your use of the Online Services using tracking technologies and analytics.

Personal data we may collect includes the following:

• How many times you visit the Website;
• Which pages you go to;
• Traffic data;
• Your IP and MAC address;
• Your internet service provider;
• Your Console ID;
• Your device operating system & version;
• Your device brand and model;
• Game play attempts, progression and results;
• Session Client time start, end and duration;
• The country of your device; and
• Identification of crashes and defects.

Contact information provided when you sign up to our mailing list ("Mailing list information")

We may ask you for, or you may submit, certain contact information to us whenever you sign up to our Mailing List.

This may include:

• your email address; and
• your name.

Chat content created by our users ("User content")

When users submit their own User Content to the any of our chat functionality, this content may contain personal and non-personal information. This could include information in or about the User Content, such as the location of a photo or the date a file was created, or anything else a user decides to communicate using these parts of our Online Services.

Why we collect information about you to provide the online services to you

We will use information about you (including Basic Information, Registration Information, Optional Information, Analytics and User Content) for delivering our Online Services to you under the terms of use agreed between us. The processing of information in this way is necessary for us to record the outcome of competitions you enter, your ranking and performance, and to ensure the Clients deliver the features promised and function properly, so that you have the best experience when playing using any one of our Clients or otherwise use the Online Services.

To help us improve the online services and fix any problems

We may process information about you (including Basic Information, User Content, Registration Information and Analytics) so that we can analyze and improve our Online Services.

This processing is also necessary for us to pursue our legitimate interests of (i) ensuring that our Online Services function properly so that you and other users have the best experience when playing any of our Clients and using the other Online Services; (ii) improving the quality of our Online Services, and providing a better experience to our users; and (iii) identifying and correcting any bugs in the Clients and Online Services.

We use Amplitude, Sentry, and Google Analytics to help us understand how our Online services are used (this list supposed to evolve with the product, and can be outdated).

To acquire new users and engage current users

We may process Mailing List Information to make suggestions and recommendations to you about competitions and services that may interest you, to provide you with information about other similar services we offer, and to notify you about changes to our Clients or the services we provide.

We use Attribution Information to understand which third parties have referred users to us.

We process this information to pursue our legitimate interests of acquiring new users for our Clients and understanding the success of our marketing efforts.

We use Mailgun to help us send marketing communications.

To prevent cheating, fraud and illegal activity

We process personal data, for our legitimate interests of preventing cheating by players using our Online Services and ensuring that any use of the Online Services is lawful and non-fraudulent, does not disrupt the operation of our services, does not harass our staff or other insectioniduals, to enforce our legal rights and to comply with our legal obligations.

Where we reasonably believe that you are cheating or may be in breach of any applicable laws or our terms of use, we may use your personal information to inform relevant third parties such as your law enforcement agencies about the content.

We reserve the right to disclose your identity to any third party who is claiming that any User Content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy. You may not copy, download, or embed any User Content without the express written permission of the content owner. You may not use any User Content for any commercial purposes, or any public performances.

To process payments

We use Payment information to process payments, in accordance with the terms of a contract entered with the user.

We use Stripe help us process payments.

Cookies

A cookie is a text file placed onto your device when you access our Online Services. We use cookies and other online tracking devices such as web beacons, and flash object storage to deliver, improve and monitor our Website and Clients, including in the following ways:

Authentication: To log you into our Website and keep you logged in.

Preferences: To remember information about you such as your preferred language and configuration.

Analytics: To help us understand how you use our Website, and how often, so we can improve them to deliver a better experience for our users. To carry out research and statistical analysis to help improve our content, products and services.

The information we obtain from our use of cookies will not usually contain your personal data. Although we may obtain information about your device such as your IP address, your browser and/or other internet log information, this will not usually identify you personally.

Please note that if you choose to disable cookies, or similar technologies, on your device you may be unable to make full use of our Website.

We work with third parties who may also set cookies on our Website, for example Google Analytics, Facebook, Twitter, Twitch, Discord and YouTube, which we use to display video content, enable social networking functionality and sharing, and to monitor how visitors use our Website. These third-party suppliers are responsible for the cookies they set on your device.

If you want to learn about how to opt out of Google’s use of cookies, please visit https://tools.google.com/dlpage/gaoptout/ . The Google Analytics terms of service can be accessed here: www.google.co.uk/analytics/terms/us.html. For further information please visit the website of the relevant third party.

Data sharing

We will share your information with third parties only in the ways that are described in this Privacy Policy.

Third parties mentioned in this Privacy Policy: We will disclose personal data to any of the third parties mentioned in this Privacy Policy, for the purposes set out in this Privacy Policy.

Group members, personnel, suppliers or subcontractors: We keep your information confidential, but may disclose it to any member of our group (which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the Companies Act 2006), our personnel, suppliers or subcontractors insofar as it is reasonably necessary for the purposes set out in this Privacy Policy. However, this is on the basis that they do not make independent use of the information and have agreed to safeguard it.

Merger or acquisition: If we are involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via, account message and/or a prominent notice on our website of any change in ownership or uses of this information, as well as any choices you may have regarding this information.

Required by law: In addition, we may disclose your information to the extent that we are required to do so by law (which may include to government bodies and law enforcement agencies); in connection with any legal proceedings or prospective legal proceedings; and in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention).

Enforcement: We may also disclose your personal information to third parties in order to enforce or apply the terms of agreements, to investigate potential breaches, or to protect the rights, property or safety of Amber.gg, our customers, or others.

Consumer control and opt-out options

If you do not wish to receive promotional or other marketing material from us or third parties then you can opt-out by clicking unsubscribe in any of our communications, changing your account settings in the Online Services at any time. Alternatively, you can contact us via at Amber.gg/support and let us know that you no longer wish to receive promotional or other marketing material from us or third parties.

Your rights in relation to personal data which we process relating to you

You have the following rights over the way we process personal data relating to you, asset out in the table below. We aim to comply without undue delay, and within one month at the latest.

To make a request, please let us know by sending an email to [email protected].

Ask for a copy of data we are processing about you and have inaccuracies corrected

You have the right to request a copy of the personal information we hold about you and to have any inaccuracies corrected.

We will use reasonable efforts to the extent required by law to supply, correct or delete personal information held about you on our files (and with any third parties to whom it has been disclosed to).

Object to us processing data about you

You can ask us to restrict, stop processing, or to delete your personal data if:

• you consented to our processing the personal data, and have withdrawn that consent;

• we no longer need to process that personal data for the reason it was collected;

• we are processing that personal data because it is in the public interest or it is in order to pursue a legitimate interest of Amber.gg or a third party, you don’t agree with that processing, and there is no overriding legitimate interest for us to continue processing it;

• the personal data was unlawfully processed;

• you need the personal data to be deleted in order to comply with legal obligations;

• the personal data is processed in relation to the offer of a service to a child.

Obtain a machine-readable copy of you personal data, which you can use with another service provider

If we are processing data in order to perform our obligations to you, or because you consented, or if that processing is carried out by automated means, we will help you to move, copy or transfer your personal data to other IT systems.

If you request, we will supply you with the relevant personal data in a commonly used, machine-readable and interoperable format. Where it is technically feasible, you can ask us to send this information directly to another IT system provider if you prefer.

Make a complaint to a supervisory authority

• If you are unhappy with the way we are processing your personal data, please let us know by contacting us via the support services.

• If you do not agree with the way we have processed your data or responded to your concerns, an alternative is to submit a complaint to a Data Protection Supervisory Authority.

Data retention

We will hold your personal information on our systems for as long as is necessary for the relevant service, or as otherwise described in this Privacy Policy.

User Content Information are retained indefinitely. If you would like us to delete your Forum account or any User Content that you have posted, please let us know by sending an email to [email protected].

Children

We do not use our Online Services to knowingly solicit information from or market to children under the age of 13. Our terms of use prohibit users aged under 13 years from accessing our Online Services. If we learn that we have collected personal information from a child under 13 years of age, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13 years of age please contact us at [email protected].

Security

We will take all reasonable technical and organizational precautions to prevent the loss misuse or alteration of your personal information. For example, our databases are password protected and limited to essential employees only (such as Amber.gg management or employees whose main role requires system access).

Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.

International data transfers

It is possible that your personal information may be transferred outside of the EEA by third parties referred to in the policies as being the recipients of your data. We recommend that you refer to the privacy policies and/or terms and conditions of these third parties if you are concerned about your data being transferred outside the EEA.

Our databases are run using MongoDB. Our servers are hosted Google. We use Optify to help us manage our cloud computing. Some files are stored using Dropbox.

Where we transfer your information outside of the EEA, we have agreements in place with those parties which include standard data protection clauses adopted by a data protection regulator and approved by the European Commission to ensure that appropriate safeguards are in place to protect your personal data. If you would like to find out more about these safeguards, please let us know by writing to [email protected].

Contact information

All questions, comments or enquiries should be directed to Amber.gg at [email protected]. We will endeavor to respond to any query or questions within three business days.