Introduction 

This document, the Pluxia Data Protection and Privacy Policy (referred to herein as the “Privacy Policy”), delineates the nature of information collection and processing activities undertaken by Pluxia and its affiliated entities (“Pluxia”, “we”, “our”, or “us”) concerning you. Unless specifically stated otherwise within this Privacy Policy, its provisions extend to encompass all websites, mobile applications, electronic and/or digital products, social media channels on Discord, WhatsApp and Telegram, or any other services offered by Pluxia that are linked to this Privacy Policy, as well as our offline services (collectively referred to as the “Services”). By availing yourself of the Services, you are consenting to adhere to the protocols delineated within this Privacy Policy. Should you dissent from any aspect of this Privacy Policy, we respectfully request that you refrain from accessing or utilizing the Services. Any undefined capitalized terms utilized herein shall assume the meanings ascribed to them in the Pluxia Terms of Use.

Information collecting by Pluxia

a.) General

When engaging with or utilizing the Services provided by Pluxia, you acknowledge that Pluxia may gather information pertinent to your interaction. The scope of information amassed is contingent upon your utilization of our Services. It is imperative to recognize that certain categories of information are indispensable for the provision of our Services. Failure to furnish such data or request for its deletion may impede your ability to access or utilize specific Services. The information acquisition process encompasses data directly submitted by you, data automatically procured through your interaction with our Services, and data sourced from external entities.

b.) Direct information submission to Pluxia

Pluxia may directly acquire information from you. For instance, you may furnish us with details during Service usage, communication exchanges, account registration, newsletter subscription, or participation in promotional activities. The information disclosed to us may pertain to you or others and may encompass, albeit not exhaustively, the following:

• e-mail address
• username
• payment information (e.g., through our payment processing vendors)
• user generated content (as defined in the Pluxia Terms of Use), such as chat transcripts, posted images, your image and voice sample, etc.
• communication contents

While the provision of such information is voluntary, certain Service features may be inaccessible or limited without the submission of requested information.

c.) Automatic information collecting by Pluxia

Pluxia and its affiliated third-party entities, including ad networks and analytics firms such as Google Analytics, may utilize cookies, web beacons, pixel tags and analogous tracking technologies to amass data concerning the computers or devices, including mobile devices, employed to access our Services. As elucidated below, Pluxia may procure and scrutinize information comprising, yet not restricted to:

• browser type
• Internet Service Provider (ISP) or operating system
• domain name
• access timestamps
• referring or exit pages
• page views
• IP address
• unique device identifiers (e.g., IDFA or Android ID)
• version of Pluxia’s Services utilized
• device type

Moreover, Pluxia may monitor the frequency and manner of Service usage, encompassing engagement and navigation patterns on the Pluxia website or mobile application. This information, inclusive of data collected by our third-party collaborators, may be utilized for analytical purposes, such as determining frequently accessed Service segments and user preferences, assessing the efficacy of advertising campaigns, and in alignment with this Privacy Policy. Employing cookies, clear GIFs, pixel tags, and akin technologies facilitates a nuanced understanding of user conduct, personalization of preferences, research, and analytical undertakings to augment Service quality. These technologies, for example, facilitate Service tailoring, secure password storage in protected areas, page tracking, content management, and compilation of usage statistics. Some of these technologies may also be employed in electronic communications with our clientele to monitor e-mail responsiveness, ascertain e-mail viewing instances, and evaluate e-mail forwarding occurrences. Although most web browsers automatically accept cookies, users retain the prerogative to customize browser settings to decline cookie utilization, albeit such action may hinder optimal Service functionality. As additional technologies are incorporated, supplementary information may be acquired through alternate methodologies. To find out more about the use of cookies, you may wish to visit www.allaboutcookies.org . Notably, Pluxia may gather general location data (e.g., inferred from an IP address) upon Service utilization.

d.) Information collecting from external sources by Pluxia

Pluxia may obtain information pertaining to you from external entities, such as instances where you are referred to Pluxia by another user. Additionally, data may be garnered from third party social platforms like Facebook or Instagram upon interaction with Pluxia’s social media profiles. Pluxia may also collect information when you connect to your account using an account maintained by a third party, such as a social media account (“Third Party Account”). The Services may collect information about you from your Third-Party Accounts in accordance with your permissions. Furthermore, when linking your account via a third-party service like Facebook or Google, Pluxia may receive account identification information from said third party. This information, once collected and stored, is leveraged to facilitate account integration with the Services. It is important to note that the linking of your account with a third-party service is discretionary, and authorization may be granted or rescinded during the integration process. Users possess the option to revoke authorization by accessing the third-party service account settings, including native applications on smartphones. Pluxia may retain previously acquired information notwithstanding such revocation.

Utilization of collected information by Pluxia

The Pluxia website uses cookies and other mechanisms to collect log and analytical information, to help analyse how visitors use the site and to compile statistical reports on website activity. We use cookies and similar technology for the following purposes:

• To learn about how the website is being used and which types of individuals are using it;
• to record and report user behaviour, location, audience, demographic and interest data;
• to record which other websites and/or platforms have referred users to the website;
• to optimize and improve the website and improve our services;
• to make it easier for you to fill in forms via the website;
• to enable the website to remember your preferences;
• to provide you with relevant advertising;
• provision and administration of the Services;
• personalization of the Services;
• communication with you, inclusive of providing information regarding features or aspects of the Services deemed potentially of interest to you, or to relay modifications to Pluxia’s terms, conditions, or policies;
• engagement in other forms of communication with you, such as addressing your inquiries, comments, feedback, or questions;
• analysis, maintenance, enhancement, alteration, customization, and measurement of the Services, including the training of Pluxia’s artificial intelligence/machine learning models;
• development of new programs and services;
• detection and prevention of fraud, criminal activity, or misuses of our Service, and assurance of the security of Pluxia’s IT systems, architecture, and networks;
• compliance with legal obligations and legal processes and safeguarding Pluxia’s rights, privacy, safety, or property, as well as that of our affiliates, you, or other parties, encompassing the enforcement of Pluxia’s AI Terms of Use  and any other agreements;
• execution of any other purpose for which the information was originally collected.

Pluxia retains the authority to amalgamate the information acquired from you via the Services with data obtained from other origins. Furthermore, Pluxia may aggregate and/or de-identify information procured through the Services. De-identified or aggregated data may be employed and disclosed for various purposes, including, but not restricted to, research and marketing endeavours.

Disclosure of collected Information by Pluxia

Pluxia reserves the prerogative to disclose your information under any of the ensuing circumstances:

• Affiliates: Information may be disclosed to Pluxia’s affiliates, defined as entities controlling, controlled by, or under common control with Pluxia. Such affiliates may utilize the disclosed information in a manner consistent with this Privacy Policy.
• Vendors: Your information may be disclosed to employees, consultants, and other vendors necessitating access to such data to execute work or render services on behalf of Pluxia. This includes those providing data storage, payment, technology support and services, customer service, analytics, fraud prevention, legal services, and marketing services.
• Safety and protection of Pluxia and others: Pluxia may disclose specific information if it deems in good faith that such disclosure is necessary or appropriate to i) safeguard or defend Pluxia or other parties, including upholding or enforcing this Privacy Policy, the Pluxia’s AI Terms of Use , or any other contractual arrangement; and/or (ii) safeguard the rights, property, or personal safety of Pluxia, its agents and affiliates, its employees, users, and/or the public.
• Advertising and analytics: Although Pluxia presently refrains from engaging in advertising, it reserves the right to disclose or provide some of your information to advertising and analytics partners in the future, enabling them to serve advertisements on its behalf across the internet and provide analytics services. These entities may utilize cookies and tracking technologies to, among other functions, track and analyse data, ascertain the popularity of specific content, deliver targeted advertising and content aligned with your interests, and gain a better understanding of your online activity. For further information on managing the use of your web browsing information for advertising purposes, please refer to Section 5 “Online analytics and tailored advertising” below.
• Legal requirements: Pluxia may disclose certain information if it believes in good faith that such action is necessary or appropriate to comply with law enforcement, legal, or regulatory processes, such as responding to warrants, subpoenas, court orders, or other applicable laws and regulations.
• Business transfers: In connection with or during negotiations or the completion of any merger, sale of company assets, financing, or acquisition of all or a portion of our business, Pluxia may disclose certain information.
• Your user content: Certain actions you undertake may be visible to other users of the Services or result in content made available to them. For instance, if you generate user content, Pluxia may make it available on the Services. Communicating via a group chat entails directing Pluxia to make your chats available to other members of that group chat, and other users.
• Other disclosures with consent or at your direction: Pluxia may disclose your information to non-affiliated third parties based on your consent. For example, you may instruct Pluxia to disclose information about you when referring Pluxia or its Services to your friends or other acquaintances.

Online analytics and tailored advertising

a.) Analytics

Pluxia reserves the right to utilize third party web analytics services on the Services, such as those provided by Google Analytics. These vendors employ technologies akin to those elucidated in Section 2.b) “Automatic information collecting by Pluxia” above, to aid in the analysis of user interactions with the Services, including tracking the origin of user visits from third party websites. The data collected through such technologies will either be disclosed to or directly collected by these vendors, who employ it to assess user engagement with the Services. Additionally, Pluxia may employ Google Analytics for specific advertising-related purposes, as detailed in the subsequent section. Users may prevent Google Analytics from utilizing their information for web analytics by installing the Google Analytics Opt-Out Browser Add-on. You can find out more here: How Google uses data when you use our partners' sites or apps . To learn how to opt out of Google Analytics, please visit https://tools.google.com/dlpage/gaoptout/ or your Google Ads Settings. To view Google Analytics terms of service, please visit: https://www.google.com/analytics/terms/gb.html.

b.) Tailored advertising

While Pluxia presently refrains from engaging in advertising activities, it reserves the right to potentially permit third party advertising networks to deploy cookies or other tracking technologies on users’ computers, mobile phones, or other devices to gather information about their interaction with the Services. This is aimed at i) informing, optimizing, and delivering marketing content based on users’ past visits to the website and other online platforms, and ii) providing insights into how interactions with marketing content relate to visits to Pluxia’s online platforms. Additionally, Pluxia may authorize other unrelated parties (e.g., ad networks and ad servers such as Google Analytics) to deliver tailored marketing content and utilize their own cookies or tracking technologies on users’ devices. These parties may offer users the option to opt out of targeted advertising, as delineated below. Users may receive tailored advertising through their web browsers on their computers. Cookies may be associated with de-identified data derived from information voluntarily submitted by users (e.g., e-mail addresses), which Pluxia may disclose to vendors in a hashed, non-human-readable format. For more information on tailored advertising and general cookie control, users may visit the European Interactive Digital Advertising Alliance , the Digital Advertising Alliance’s (“DAA”) Consumer Opt-Out Link, and/or the Network Advertising Initiative’s (“NAI”) Consumer Opt-Out Link to opt-out of tailored advertising from participating companies. Users can also visit the Google Ads Settings page to manage personalized display advertising on the Google Display Network. It is important to note that despite opting out of tailored advertising, users may still receive advertising content if advertising technology is integrated into the Services. However, this content may not be tailored to their specific interests. Pluxia disclaims control over the aforementioned opt-out links and bears no responsibility for users’ choices made through these mechanisms or the ongoing availability or accuracy of such mechanisms. Should users configure their browsers to reject cookies when visiting these opt-out pages, erase their cookies subsequently, use different computers, or switch web browsers, their opt-out preferences may become ineffective.

Your privacy choices

Pluxia offers you the opportunity to exercise certain choices concerning the collection, utilization, and divulgence of your information:

a.) Profile information

You retain the right to deactivate your account via your account profile page. Furthermore, you may validate, rectify, update, or expunge specific portions of your information through the same account profile page.

b.) Marketing communications

You possess the ability to unsubscribe from marketing e-mails by adhering to the instructions delineated within these communications. It is pertinent to acknowledge that even upon unsubscribing from marketing e-mails, Pluxia reserves the prerogative to dispatch administrative e-mails concerning the Services, such as notifications regarding updates to the Pluxia Terms of Use  or this Privacy Policy.

c.) Cookies and analytics

You have the option to opt out of certain cookie-related and analytics procedures by adhering to the instructions articulated within this Privacy Policy.

d.) Rights to information about you

Local legislation may afford you certain entitlements concerning your information. Depending on your jurisdiction, you reserve the right to request that Pluxia:

• furnishes you with information regarding the categories of personal information it gathers or discloses about you, the sources from which such information is derived, the commercial or business intent behind collecting such information, and the categories of unaffiliated entities to whom Pluxia discloses such personal information. Such details are also elucidated within this Privacy Policy;
• grants access to and/or furnishes a copy of specific information it possesses about you;
• abstains from processing your information for direct marketing objectives (including any processing grounded on profiling for direct marketing);
• updates outdated or erroneous information;
• erases certain information within its possession about you;
• restricts the manner in which it processes and reveals specific information about you;
• transfers your information to a third-party service provider;
• elects to opt you out of the processing of your personal information for profiling objectives that contribute to decisions with legal or comparably significant repercussions, if applicable;
• revokes your consent for the processing of your information.

You may potentially designate an authorized agent to submit requests on your behalf. For an authorized agent to undergo verification, you must provide them with duly signed written authorization to initiate such requests or a power of attorney. Pluxia may also initiate a verification process with you to confirm your identity before attending to the authorized agent’s request, as permitted by relevant legislation. It is essential to note that certain information may be exempt from such requests under applicable laws. For instance, Pluxia may retain specific information for legal compliance and to safeguard its Services. Pluxia may necessitate certain information to furnish the Services to you; thus, should you request its deletion, your ability to utilize the Services may be impacted. Furthermore, you retain the right not to face discrimination (as conferred by applicable law) for exercising your entitlements. Additionally, you may retain the right to opt out of the sale of your personal information or the processing of your personal information for targeted advertising. To opt out of any prospective targeted advertising that Pluxia may propose, please utilize the tools expounded upon in Section 5.b) “Tailored advertising” above. If you seek information pertaining to your rights under applicable law or desire to exercise any of them, kindly contact us. To safeguard your privacy and security, Pluxia takes reasonable measures to verify your identity and requests before acceding to such requests. If Pluxia fails to verify your identity, it may be unable to respond to your requests. Depending on applicable law, you may retain the right to challenge Pluxia’s decision to reject your request, if applicable. Pluxia will furnish information concerning how to invoke that right in its response rejecting the request.

Pluxia as data controller

Pluxia assumes the role of “data controller” for the “personal data” (as delineated under the Swiss Federal Act on Data Protection, FADP, 235.1 and the General Data Protection Regulation, GDPR, Regulation (EU) 2016/679) it manages pursuant to this Privacy Policy. In essence, Pluxia bears the responsibility for determining the methodology of collecting, utilizing, and divulging personal data, subject to pertinent legislation. The laws of Switzerland, the European Economic Area, and the United Kingdom necessitate data controllers to elucidate the legal basis upon which they rely for employing, sharing, or disclosing personal data. To the extent that these laws are applicable, Pluxia’s legal grounds are as follows:

• Contractual commitments: Pluxia may utilize, share, or disclose personal data to fulfil its contractual obligations to you. For instance, Pluxia will process your personal data to adhere to its agreements with you and uphold its commitments in any contracts it has with you.
• With your consent: Where mandated by law, and in certain other instances, Pluxia utilizes, shares, or discloses personal data based on your consent.
• Legitimate interests: In numerous cases, Pluxia employs, shares, or discloses personal data under the premise that it advances its legitimate business interests in a manner not outweighed by the interests or fundamental rights and freedoms of the affected individuals. These interests encompass customer service, specific promotional endeavours, analysis, and enhancement of Pluxia’s business, provision of security for the Services, fraud prevention, and legal issue management.
• Legal compliance: Pluxia is compelled to use and disclose personal data in certain capacities to adhere to its legal obligations. In addition to the laws mentioned, for users residing in California, Pluxia adheres to the California Consumer Privacy Act (CCPA), ensuring that California residents are afforded the rights and protections outlined in this legislation, including the right to know, delete, and opt-out of the sale of their personal information.

Beyond the rights expounded herein, you retain the entitlement to lodge a complaint with the pertinent supervisory authority. However, Pluxia advocates for contacting it initially, pledging to endeavour to resolve your concerns amicably.

Pluxia refrains from acknowledging browser-initiated do-not-track signals, given that the Internet industry is presently endeavouring to establish do-not-track standards, implementations, and solutions.

 Age thresholds for a Pluxia account (the privacy of children)

To create a Pluxia account, you need to be at least seven years old. To create a Pluxia account on your console or your mobile device, you need to be at least the privacy age of consent. Players below the privacy age of consent, as determined by applicable data privacy laws, will be able to create a child account (#) . Players between the privacy age of consent and 18 years old will be able to create a teen account (#). When a player reaches the privacy age of consent, their account will transition to a teen account and benefit from the appropriate settings. When you reach 18 years old, your account will transition to an adult Pluxia account. The age of consent in relation to information society services for each of the following locations is:

REGION:

Europe

America

Asia and Australia

Furthermore, if the Services are directed at children under the age of 13 in the United States, Pluxia complies with the Children's Online Privacy Protection Act (COPPA). In such cases, Pluxia obtains verifiable parental consent before collecting, using, or disclosing personal information from children under 13, as required by COPPA.

For countries and regions not listed above, the age of consent is 13 years old. The listed ages per location are correct at time of publication in this Pluxia Data Protection and Privacy Policy. Please note that applicable legislation is subject to change.

Pluxia’s AI Terms of Use  explicitly prohibit usage of the Services by individuals under the age thresholds listed above. In the event that Pluxia becomes aware that a Pluxia account has been created in violation of the age thresholds listed above, it will deactivate the account and expunge the “personal information” as delineated under the Swiss Federal Act on Data Protection (FADP, 235.1)  and the General Data Protection Regulation, “GDPR”, Regulation (EU) 2016/679[as7]  to the extent mandated by law. Pluxia may, where permissible by law, internally retain certain information for the purposes outlined in this Pluxia Data Protection and Privacy Policy. Moreover, Pluxia does not knowingly “sell” or “share” the personal information of children under 18. For more information about age ratings, please consult the websites “Pan European Game Information ” and “International Age Rating Coalition[as10] ”.

Security

Pluxia employs technical, administrative, and physical measures to establish safeguards aimed at protecting the information it gathers from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Nonetheless, it is essential to recognize that no transmission over the Internet or via e-mail can be entirely secure or devoid of errors. In the event that Pluxia collects sensitive personal data beyond payment information, such as health, financial, or other highly sensitive information, additional security measures are implemented. These measures include, but are not limited to, encryption of sensitive data both in transit and at rest, strict access controls, and regular security audits to ensure the protection of such data. Consequently, Pluxia does not warrant and cannot ensure the absolute security of your information or communications.

Data retention

a.) General

Pluxia retains your information for the duration necessary to fulfil the purposes for which it was collected and processed. The duration of retention depends on the objectives for which Pluxia acquired and utilized the information, as well as your preferences. Upon reaching the determined period, Pluxia may proceed to delete and/or aggregate the data. Additionally, Pluxia may retain and utilize this information as required to fulfil legal obligations, settle disputes, and enforce contractual agreements.

b.) Prominent content 

In the event that a content created and designated as “public” attains a certain level of popularity, Pluxia reserves the prerogative to preserve the characteristics of said content and maintain its presence on the Services, notwithstanding the deletion of your data and account. This measure is undertaken to ensure the continuity of the user experience, particularly considering that a highly popular content typically engages in active interactions with numerous users. To prevent the retention of your personal information in such instances, it is advisable to refrain from submitting such data during the content creation process if you intend to create a “public” content.

International data transfers

Pluxia’s services operate on a global scale, and as such, your information may be stored and processed in various jurisdictions, including Switzerland, the European Economic Area, the United Kingdom, the United States, or other third countries with differing data protection laws compared to your country of residence. In certain circumstances, such data may be accessible to law enforcement and national security authorities. By utilizing the Services or furnishing Pluxia with any information, you explicitly consent to the collection, processing, maintenance, and transfer of said information to and within Switzerland, the European Economic Area, the United Kingdom, the United States, and other relevant countries, even if their privacy laws may not offer the same level of comprehensiveness or equivalence to those in your country of residence or citizenship. Pluxia commits to utilizing storage solutions that provide secure services with appropriate safeguards, notably adhering to the European Standard Contractual Clauses (SCC).

Links to third party websites

The Services may include hyperlinks to websites or services operated by third parties. Pluxia disclaims responsibility for the content or practices of these external websites or services. The gathering, utilization, and disclosure of your information by third parties are governed by the privacy policies of the respective third-party websites or services, rather than by this Privacy Policy. Pluxia advises users to review the privacy and security policies of these third parties before furnishing them with any information.

Amendments and/or changes to this Privacy Policy

Pluxia reserves the right to amend and/or change this Privacy Policy to align with changes in legislation, Pluxia’s data handling procedures, or the functionalities of the Services. The date of the latest revision will be clearly specified within this Privacy Policy. In the event of a substantial modification to the Privacy Policy, users will receive appropriate notification as mandated by legal stipulations. Your continued use of the Services implies your acknowledgment, comprehension, and acceptance of the most recent rendition of this Privacy Policy.

Contacting Pluxia

For inquiries regarding Pluxia’s Privacy Policy or information handling practices, please refer to the Pluxia Help Desk , submit a request  or correspond with us in writing at the following address: Pluxia GmbH, Am Ausserberg 73, 4125 Riehen, Switzerland.