NIS AMERICA ONLINE STORE PRIVACY POLICY

NIS America, Inc. (collectively, "NIS America", "NISA", or "we") respects the privacy rights of our online visitors and users (collectively, “Guests,” or “you”) of our mobile, online, downloadable products, websites and services (collectively, “Services”), and we recognize the importance of protecting all information that you may choose to share with us. To ensure this commitment, we have adopted this NIS America Online Privacy Policy ("Privacy Policy") outlining the ways we collect, process, and store your information.

This Privacy Policy applies to the use and sharing of information collected on and after the effective date of this Privacy Policy’s posting. Unless applicable, law requires your affirmative consent—by using our Services, you hereby consent to this Privacy Policy.

This Privacy Policy covers only websites administered by NIS America, Inc., and not those of our parent company, Nippon Ichi Software, Inc. This Privacy Policy does not cover information collected offline via postal mail or other forms of non-web-based communication.

1. What Data We Collect and Process

1. NIS America typically collects and processes the following Data (personal data or non-personal data), but not limited to:

2. Personal Data

1. Online Store Transaction and Payment

1. Guests who wish to buy goods and services from NIS America Online Store, or other stores managed by NIS America, may be asked to provide: valid credit card information (number, expiration date, security code), corresponding name, billing address, mailing address, phone number, email address, passwords, security questions, and security answers.

2. Forum Registration (Currently disabled)

1. We may ask Guests to create a username and password prior to being able to participate in NIS America’s forum/discussion board, at which time we may request their email addresses.

3. Email Newsletter Subscription

1. Subject to your entry to our subscription form, NIS America may email you marketing messages about new products and services offered or endorsed by NIS America. In such cases, we may also use your collected information to customize such marketing messages, as well as whether you opened such messages and whether you clicked on links within the messages.

2. You can opt out or withdraw your consent to receive marketing messages at any time by clicking the "Unsubscribe from this List." link provided in every marketing message.

4. Use of Cookies

1. Any use of Cookies, which are essentially text files stored on your computer, or similar technologies (e.g. web beacons, pixels, ad tags, device identifiers) by NIS America or by services used by NIS America, unless stated otherwise, serves to identify Guests and remember their preferences for the purpose of providing and improving the Service required by the Guest.

2. Although most web browsers automatically accept Cookies, the decision of whether to accept or not is yours. You may adjust your browser settings to prevent the reception of Cookies, or to provide notification whenever a Cookie is sent to you. You may refuse the use of Cookies by selecting the appropriate settings on your browser. However, please note that if you do this, you may not be able to access the full functionality of our Services.

5. Other Data You Explicitly Submit

1. Promotions

1. NIS America may hold promotions during which we may award NIS America game and anime-related products to Guests. To register for a promotion, we may ask you to provide us with contact information, such as name, mailing address, and/or email address.

2. Contact information for promotion winners will be retained for prize fulfillment and potential tax obligations. When you register for a promotion, we may ask if you wish to be contacted regarding additional information about NIS America products. If you decline to receive more information about NIS America, we will discard all of your contact information following the conclusion of the promotion. If you choose to accept, we may keep your email address for the purpose of sending information to you in the future.

2. Public information that you post, reply, comment, or follow in any of our websites and services.

3. Information you provide when you request information or support from us.

4. Employment-related Information
   For practical reasons, we treat personal data submitted to us in an employment context differently from information we receive in other contexts. Personal data submitted to us in an employment context (e.g., employment applications and resumes) may be shared with third parties, depending on the nature of the inquiry.

3. Non-personal Data

1. Every time a Guest visits NIS America’s website, Google Analytics, a third-party service, tracks technical information such as, but not limited to: the domain name of your Internet Service Provider, your Internet Protocol addresses, referral data, and which web browser and computer platform you are using.

2. Why We Collect and Process Data

1. The Data concerning the Guests is collected to allow NIS America to provide its Services, as well as for analytics. The purposes for which personal data is used are outlined in the following sections of this document.

2. For the operation of our business, we use personal data to:

1. Fulfill online orders placed for goods and Services at an NIS America website;

2. Operate, improve, and develop our games and Services;

3. Help you find your friends or tell your friends about a Service;

4. Facilitate sharing on social networks;

5. Serve and measure the effectiveness of advertising;

6. Measure the health of our Services;

7. Set up and maintain accounts you register for;

8. Provide game experiences you may like;

9. Set up loyalty programs;

10. Identify, fix, and troubleshoot bugs and service errors;

11. Provide software updates;

12. Adhere to your preferences and to deliver dynamic content; and

13. Protect the security and integrity of our website help keep our Services safe and fair, resolve disputes, investigate and help curb fraud and illegal behavior, comply with the law, and to enforce our agreements and policies.

3. To provide you support, we use personal data to:

1. Help identify and troubleshoot problems with your use of our Services;

2. Survey your opinions through surveys or questionnaires;

3. Communicate with you and respond to your specific requests or questions; and

4. Manage and send you confirmations and important information about your account, products, purchases, subscriptions, and warranties.

4. To personalize our communications with you, we use personal data to:

1. Present offers and/or information relating to Services you might like;

2. Make recommendations to you; and

3. Personalize advertising for you and deliver targeted marketing newsletters, service updates and promotional offers.

5. Whatever the purpose may be, we will only collect and process your Data to the extent you have provided to us your affirmative consent, or, as reasonably necessary to fulfill our contracts with you, perform our legitimate business objectives, or as otherwise required under applicable law. More importantly, we will not collect and use your personal data for any purposes other than as set forth in this Privacy Policy without your affirmative consent.

6. Processing of Data

1. NIS America processes the Data of Guests in a proper manner and shall take appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.

2. The Data processing is carried out using computers and/or IT-enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to NIS America, in some cases, the Data may be accessible to certain types of persons in charge involved with the operation of the website (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as data-processors by NIS America.

7. The Guest's personal data may be used for legal purposes by NIS America, in court or in the stages leading to possible legal action arising from improper use of NIS America websites or their related services. NIS America may be required to reveal personal data upon request of public authorities.
   

3. Where Do We Store Data

1. Data may be stored in NIS America’s main office in the United States or any other country in which NIS America operates including through the use of cloud storage.

4. How Long We Store Data

1. NIS America only stores your Data as long as necessary to fulfill the purposes for which the information is collected and processed or, where the applicable law provides for longer storage and retention period, for the storage and retention period required by law. After that, your Data will be deleted, blocked or anonymized, as provided by applicable law.

2. However, in certain cases, Data cannot be completely deleted in order to ensure the consistency of the customer experience. For instance, replies to other users on NIS America’s forum/discussion boards will not be deleted.

3. Please note that NIS America is obligated to retain Data of orders you placed with our online store for our accounting and tax-reporting purposes.

5. Third Party

1. NIS America will not sell, trade, or otherwise disseminate your Data to any third parties. This does not include third parties who, as long as they agree to uphold confidentiality: assist us with operations, provide services related to the operation and maintenance of the website, provide social media websites and services, or are service providers that manage product fulfillment and payment processing on behalf of NIS America. NIS America works with following third parties, but not limited to:

2. (Analytics) Google Analytics: Collects data on pages, products, and games that are being viewed and to what extent are Guests engaging on specific areas of our website. Link to its privacy policy: https://www.google.com/intl/en/policies/privacy/. If you wish to opt-out of Google Analytics, please use Google Analytics Opt-out Browser Add-on available here: https://tools.google.com/dlpage/gaoptout.

3. (Email Newsletter) MailChimp by The Rocket Science Group: Our Email Newsletter subscriptions have been managed by MailChimp. Link to its privacy policy: https://mailchimp.com/legal/privacy/

4. (EU Online Store) Reef Entertainment Ltd.: Our Official NISA Europe Online Store is owned and operated by Reef Entertainment Ltd. Link to its privacy policy: https://store.nisaeurope.com/pages/privacy-policy

5. (First-party Platforms) You can also engage with certain portions of our Services through certain first parties and/or mobile platforms (the “First-party Platform(s)”). For instance, if you proceed to use features of our Services by signing in through, or otherwise linking with, your PSN account to authenticate yourself, some information from those First-party Platforms, and/or information regarding your usage of our Services, which may have been collected by the First-party Platform, may be transmitted to NIS America. Such Data includes, but is not limited to: your account ID, date of birth/age, username, language preference, entitlement information, achievement/trophy information, and/or geographic information. We will collect this information only if you provide your affirmative consent. Below is the list of privacy policies from major First-party Platforms:

1. App Store/Apple (English): https://www.apple.com/legal/privacy/en-ww/

2. Nintendo of America (English, USA): https://www.nintendo.com/privacy-policy

3. PSN/PlayStation/Sony Interactive Entertainment (English, USA): https://www.playstation.com/en-us/network/legal/privacy-policy/

4. Steam/Valve (English): https://store.steampowered.com/privacy_agreement/

5. Xbox/Microsoft (English, USA): https://privacy.microsoft.com/en-US/

6. (Promotions/Contests) Gleam: Our promotions are sometimes handled using Gleam platform. Link to its privacy policy: https://gleam.io/privacy

7. (Promotions/Contests) Woobox: Our promotions are sometimes handled using Gleam platform. Link to its privacy policy: https://woobox.com/privacy

8. (Promotions/Contests) Google: We sometimes use Google Forms platform to collect Data from Guests, such as for beta test applications. Link to its privacy policy: https://www.google.com/intl/en/policies/privacy/

9. We may also disclose your information when we, in good faith, believe that such information is necessary to comply with the law, protect the security and integrity of our site, and/or to protect the rights, property, and/or safety of NIS America, its employees, and other Guests who utilize our Services.

6. What Kinds of Security Measures We Take

1. The security and confidentiality of your information is extremely important to us. We have technical, administrative, and physical security measures in place to protect your personal information from unauthorized access and improper use. We also review our security procedures periodically in consideration of appropriate new technology and updated methods.

2. NIS America follows generally accepted standards to protect Data collected. NIS America endeavors to store Data for only for as long as necessary to provide Services. Data is deleted from our records once such purposes have been fulfilled.

7. Who Has Access to Data

1. NIS America may use your personal data to the degree necessary to achieve the purposes listed in Section 2. In the event of a reorganization, sale, or merger, we may transfer personal data to the relevant third party subject to applicable laws.

2. We may also share your personal data with our third-party providers that provide customer support services in connection with goods, content and services distributed from us. Your personal data will be used in accordance with this Privacy Policy and only as far as this is necessary for performing customer support services.

3. Our forum (currently disabled) is where Guests can exchange ideas and communicate with each other. When posting a message to a board, forum, or chat area, please be aware that the information is being made publicly available online; therefore, you are doing so at your own discretion. If your personal data is posted on one of our forums against your will, please contact our Privacy Policy Administrator, who will assist you with removing it as soon as reasonably possible.

4. NIS America may release personal data to comply with court orders or laws and regulations that require us to disclose such information.

8. Children

1. NIS America does not knowingly collect or maintain Data from Guestsunder 13 years of age in the United States, or Guests under the applicable age of consent in other countries ("Child" or "Children") other than as permitted by law. If NIS America learns that a Child's Data has been collected, such Data will be deleted. Should parents or guardians become aware their Child's Data was collected by NIS America, they are advised to contact our Privacy Policy Administrator so we may delete the Child's Data as soon as reasonably possible.

9. California Residents

1. Guests residing in California are afforded certain additional rights regarding their Data. Except where an exception or exemption applies, these rights include the ability to access, correct, and request deletion of Data.

2. To make such a request, please submit an inquiry with a detailed description of the specific content or information and the desired action to the Privacy Policy Administrator. Note that NIS America may retain information needed to resolve disputes, enforce its user agreements, protect its legal rights, and comply with technical and legal requirements and constraints related to the security, integrity, and operation of its products.

10. European Economic Area Residents

1. Guests residing in certain countries, including EU/EEA users, are afforded certain additional rights regarding their Data. Except where an exception or exemption applies, these rights include the ability to access, correct, and request deletion of Data; request a portable copy of Data; or otherwise object to or restrict how NIS America uses Data.

2. For Data transferred from a European Union, European Economic Area member country, or Switzerland to our storage, NIS America generally follows accepted standards to protect collected Data.

3. At any time, Guests may contact NIS America to delete Data collected in connection with our Services by contacting our Privacy Policy Administrator. If Guests choose to do so, Guests may no longer have access to Service associated with their accounts. Note that NIS America may retain information needed to resolve disputes, enforce its user agreements, protect its legal rights, and comply with technical and legal requirements and constraints related to the security, integrity, and maintain operation of its products.

4. Guests may exercise their rights concerning Data at any time. To exercise personal data rights, contact the Privacy Policy Administrator with the subject "Access Request.” Before NIS America processes any request, we may ask Guests for certain personal information in order to verify your identity. Where permitted by local law, NIS America may reject requests that are unreasonable or impractical. NIS America will respond to requests in a reasonable timeframe.

11. Contact Information

NIS America, Inc.
Attn.: Privacy Policy Administrator
4 Hutton Centre Dr., Suite 650
Santa Ana, CA 92707
1-855-537-3635 (California residents only)

support@nisamerica.com

12. Changes to this Privacy Policy

1. NIS America reserves the right to make changes to this Privacy Policy at any time by giving notice to its Guests on this page. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom.

2. If we make any material changes in how we collect, use, or share your personal data, we will make reasonable efforts to notify you via our Services. Any material changes to this Privacy Policy will be effective upon its posting, and your continued use of any of the Services covered by the Privacy Policy thereafter will constitute your acceptance of the agreement, and to be bound by those changes to the extent permitted by applicable law. In the event that a material change in this Privacy Policy affects the collection and/or processing of your personal data which was previously collected pursuant to your prior consent, we will request a re-affirmation of your consent to any new collection and/or processing, as required by applicable law.

   Last updated January 2020