Privacy Policy
BEHAVIOUR INTERACTIVE INC.
Last updated: April 1, 2023

 

Welcome to the Behaviour Interactive privacy policy (“Policy”).  This Policy was developed because we respect your privacy and are committed to protecting your privacy.

A summary of the Policy is available below. In case of inconsistency between the summary and the Policy, the Policy will prevail.

 

Summary of the Policy

 

What Personal Data is collected by BHVR?

• Profile and Identity data (e.g. internal identifier);
• Technical data (e.g. IP address);
• Contact data (e.g. email address), and all other Personal Data detailed at section 2.1 below.

 

What purposes are the Personal Data used for?

• To provide and operate the Services, incl. for the purposes of providing online leaderboards, matchmaking, and friends search;
• To deliver relevant content and personalized/targeted advertisements;
• To analyze and provide statistics of the use of the Services;
• To manage clearly unlawful conduct and misuse of the Services;
• To deliver personalized newsletter, and promotions;
• To process job applications;
• For other purposes detailed at section 3.1.

 

Is the Personal Data shared with third parties?

We may engage subcontractors to collect and process your Personal Data on our behalf and for our benefit, in order to provide certain services such as sending e-mails and processing payments. These subcontractors may be located in various countries, including outside the European Union, UK, Canada, and USA. When the Personal Data is shared with our subcontractors, we take adequate contractual measures to protect the Personal Data. See section 6 for more information.

 

1. Scope and Services

 

1.1 Scope of Policy

This Policy applies when you use any of the Services (as defined below) offered by Behaviour Interactive Inc. or any of its affiliates (collectively referred to as “we”, “our” or “BHVR”).

The terms of this Policy (together with our end-user license agreement (EULA) and terms of use (available here https://www.bhvr.com/behaviour-tou/ applies to your use of the Services.  In certain circumstances, we may provide you with other privacy-related notice. This Policy supplements such other notices.

 

1.2 Definition of Services

This Policy aims to give you information on how we collect, use, process and disclose Personal Data that you provide us through your use of our websites and apps, our games and products, BHVR account, social media channels, customer and technical support and any other service BHVR provides, which may be hosted on video game digital distribution services, or downloaded or streamed onto your device (the “Services”).

 

2. Personal Data Collected

 

2.1 Type of Personal Data

We may collect, use, store, and disclose different kinds of personal data about you, as follows:

• Contact Data: delivery address, email address and telephone numbers.
• Content Data: includes information stored on your device, including friends’ list, and login information.
• Employment Data: includes any personal information you provide or which you attach to your application when you apply for one of our available positions.
• Identity Data: names, usernames or similar identifiers (e.g. identification codes of platform used on your device or used for in-game currencies), date of birth, gender.
• Marketing/Communications Data: includes your preferences in receiving marketing from us and our third parties and your communication preferences.
• Profile Data: includes your username and password, purchase history, your interests, preferences, feedback, contests, survey responses, information you provide when contacting our support services.
• Technical Data: includes internet protocol (IP) address, login data, browser information & plug-ins, time zone, operating system and platform, and other technology on the devices you use to access our Services.
• Transaction Data: includes details about payments to and from you and details of purchases.
• Usage Data: includes information and preference about how you use our Services (for example your game history, your score and your level).

(collectively referred to as “Personal Data”).

We may also collect, use, store, and disclose Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your Personal Data but is not considered Personal Data as this data will not (directly or indirectly) reveal your identity.

We do not collect any Special Categories of Personal Data about you (including details about your race or ethnicity, religious, political or philosophical beliefs, sexual orientation, health information).

 

2.2 If you fail to provide Personal Data

Where we need to collect Personal Data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, as necessary to be able to provide you with the Services). In this case, we may have to cancel the Services and/or you may be unable to use certain Services or features.

 

3. How is your Personal Data Used

 

3.1 Purposes for which we will use your Personal Data

Below is a description of how we may use your Personal Data (and, if you are based in the UK or the European Union, which of the legal basis we rely on to do so).

 

Purpose/Activity	Type of data	Legal basis
To register you as customer	Identity Contact	Performance of contract with you
To process, manage & deliver your order including: (a) manage payments, fees and charges (b) collect & recover money owed (c) start legal proceedings	Identity Contact Transaction Content Marketing & Communications	Performance of contract with you Necessary for our legitimate interests
To manage our relationship with you (incl. notification about the terms of use or Policy)	Identity Contact Profile Marketing & Communications	Performance of contract with you Necessary to comply with a legal obligation
To enable your participation in a draw, contest or survey	Identity Contact Profile Usage Marketing & Communications	Necessary for our legitimate interests
To administer the Services, provide you with customer and/or technical support and protect our business (incl. troubleshooting, fraud prevention, anti-cheating services and managing player bans, data analysis, updates, and system testing, IT services, network security)	Identity Contact Technical	Necessary for our legitimate interests
To deliver relevant content and personalized/targeted advertisements to you (to provide you with features, content or ads in line with your interests and preferences) To make recommendations about services which may interest youTo measure and analyze effectiveness of our advertising To monitor trends so we can improve our Services and user experience To study how customers use our services, to develop them and grow our business and to inform our marketing strategy	Identity Contact Profile Usage Marketing & Communications Technical	Necessary for our legitimate interests Your consent
To deliver personalized newsletter, information, promotions, rewards and news releases	Identity Contact Technical Marketing & Communications	Your consent
To review and process your application for one of our available positions	Identity Contact Employment	Performance of a contract with you
To provide and operate the Services, including to put you in touch with other players (matchmaking), evaluate your progress in the game, to search for your friends, or to provide leaderboards	Identity Contact Content Marketing & Communications Location	Your consentPerformance of a contract with you

 

3.2 Opting out and changing purpose

You can ask us to stop sending you marketing messages at any time. Opting out of receiving marketing communication will not impact Personal Data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.

 

3.3 Unrelated purposes

We will only use your Personal Data for the purposes for which we collected it. If we need to use your Personal Data for another purpose, we will notify you and explain the legal basis for doing so. Where required or permitted by law, we may process your Personal Data without your knowledge or consent.

 

4. How is Your Personal Data Collected

We use different methods to collect Personal Data including through:

 

4.1 Direct interactions

You may give us your Identity Data when you:

1. Apply for and/or use our Services, including subscriptions to publications, newsletters and downloading or registering for a Service (or when you become beta tester, influencer or playtester);
2. Create an account (or profile) for our Services, including when you download patches and demos;
3. Enter a contest, event or survey or create/provide content as a user of our Services;
4. Make purchases (online stores or virtual items in games), or request marketing information be sent to you, including personalized or targeted ads content;
5. Contact our customer support, request technical assistance, give us feedback or apply to one of available positions.

 

4.2 Data Available Publicly & Social Media

You may provide Personal Data when you publish it on public areas of our Services or transmit it to other users of the Services or to third parties (collectively, “User Contributions”), as part of games, online forums, blogs, discussion platforms, public user profiles or other similar forums on our Services, such as chats (“Forums“). The data you disclose in the Forums becomes public data and may be read or used by other users of the Services. We cannot control the actions of other users with whom you may choose to share your User Contributions. As such, if you disclose Personal Data on the Forums, you do so at your own risk and we are not responsible for the use of such Personal Data by third parties.

 

4.3 Automated Technologies, Cookies, Analytics Metric Tools and Other Technologies

As you use our Services, we may automatically collect Personal Data about your equipment, browsing actions and patterns or Personal Data (incl. Usage Data). We collect these data by using cookies and other similar technologies. We may also use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioural tracking).  We use cookies and/or other tracking technologies to distinguish you from other users of the Services and to remember your preferences. This helps us to provide you with a good experience when you use the Services and also allows us to improve the Services.  You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of the Services may become inaccessible or not function properly. Our Services may also integrate ad serving technologies, including for personalized ads, from third party suppliers (including, but not limited to, UnityAds) that may use pixels and/or other similar technologies for these purposes. Data collected by these third parties may include, without limitation, (i) your age and/or gender, (ii) your IP address and/or country and/or city, (iii) the advertisements placed and their location in the Services or the game, (iv) the duration of visibility of an advertisement as well as the number of views, (v) the identifiers and settings of your device, (vi) your use of the Services, products, and/or other websites (including third party websites) you have viewed (as well as the date and the time of such viewing), and/or (vii) your responses to the advertisements, if any, to allow our suppliers to calculate the number of views of the advertisements or to present ads in a format that best suits your device.

4.4 Third parties

We may receive Personal Data about you from various third parties.

 

5. Disclosure of your Personal Data

We may share your Personal Data with third parties, as listed, for the purposes described in section 3. In certain cases, we will obtain express consent before sharing your Personal Data with third parties, if required by applicable laws.

 

5.1 Internal Third Parties 

All companies in the Behaviour Interactive group, who are based in Canada, United States and Europe may have access to your Personal Data for purposes of providing the Services and, if they do, they will use your Personal Data in accordance with this Policy.

 

5.2 External Third Parties

We may share your Personal Data with some third parties, but only for purposes we have set out in section 3 of this Policy.  A list of third parties, suppliers or partners which may have access to your Personal Data is available at: https://www.bhvr.com/partnerprivacy/.

We require all third parties to respect the security of your Personal Data and to treat it in accordance with the law. We do not allow our third-party service providers to use your Personal Data for their own purposes and only permit them to process your Personal Data for specified purposes and in accordance with our instructions and contractual obligations we enter with them.

 

6. Location and Transfer of Your Personal Data

Personal Data may be hosted and processed, for the purposes of the Policy, on servers operated by trusted partners in the United States, such as Amazon Web Services, as well as on our servers or our partners’ servers located in Canada or in Europe. If you are based in the European Union, this may involve transferring your Personal Data outside the UK or the European Economic Area (“EEA”). If you are based in Canada or US, this may involve transferring your Personal Data outside Canada or US. Some of our external third parties are based outside of these jurisdictions so their processing of your Personal Data will also involve a transfer accordingly. Whenever Personal Data is transferred from the EEA, UK, Canada or US, to a location outside of these jurisdictions (as applicable), we ensure a similar degree of protection is afforded to it. As applicable, we may use specific contracts approved by the European Commission or the UK Information Commissioner’s Office which give Personal Data the same protection it has in Europe and/or the UK.  By submitting your Personal Data or engaging with the Services, you consent to this transfer, storage, use, or processing.

 

7. Retention Period of Personal Data

We keep your Personal Data only for the period required for the purposes for which the Personal Data is collected, as well as for the purposes of satisfying any legal, or reporting requirements.

In some circumstances, we will anonymize your Personal Data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you. Otherwise, your Personal Data will be deleted.

 

8. Safeguards of your Personal Data

BHVR takes different measures for the security of your Personal Data.

All information you provide to us is stored on our secure servers.  Once we have received your information, we will use strict procedures and security features to protect your Personal Data from being accidentally lost, used or accessed in an unauthorized way.

We will collect and store Personal Data on your device using application data caches and other technology.

We have put in place procedures to deal with any suspected Personal Data breach and will promptly notify you, and regulators where applicable, of a breach where we are legally required to do so.

We are not responsible for circumvention of any privacy settings or security measures contained on our Services Sites.  BHVR declines all liability if the Personal Data is subject to unauthorized use or access.

 

9. Your Legal Rights

 

9.1        Under certain circumstances, you have rights under data protection laws in relation to your Personal Data, such as:

• Request access to your Personal Data
• Request correction of your Personal Data
• Request erasure of your Personal Data
• Object to processing of your Personal Data
• Request restriction of processing your Personal Data
• Request transfer of your Personal Data
• Right to withdraw consent

You also have the right to ask us not to continue to process your Personal Data for marketing purposes and to appeal any adverse decisions made by us regarding the processing of your Personal Data. In the event your consent was expressly provided to BHVR or its partners for ads personalisation in a game you may withdraw your consent as indicated in the related game.

 

9.2        You will not have to pay to exercise your legal rights above. However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances. We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it.

 

9.3        Some US State consumer privacy laws may provide their residents with additional rights regarding our use of their Personal Data. If you are a US resident, we encourage you to learn more about privacy rights of your State of residence. And when you exercise your rights, note that BHVR will comply with such laws, based on the place of residence of the individual making the requests.

 

10. Children under the age of 13

The Services provided by BHVR are not intended for children under 13 years of age. No one under the age of 13 may provide any information on our Services. We do not knowingly collect Personal Data from children under 13. If you are under 13, do not use or provide any information on our Services or through any of its features (incl. registration), make any purchases through our Services, use any of the interactive or public comment features of our Services, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or username you may use. If we learn we have collected or received Personal Data from a child under 13 without verification of parental consent, we will delete that information.

 

11.Third-Party Links

Our Services may include links to third-party websites, plug-ins and applications. Clicking on those links, or enabling those connections to use third-party products or services may allow third parties to collect or share data about you or may require you to provide Personal Data to them.  We do not control these third-party websites and are not responsible for their privacy statements. If you click on these links or use the services of a third party, you will leave our Services.

Certain products and/or services are offered to you as part of our Services in partnership with third parties and you may be required to provide Personal Data to them in order to register and access their products or services. The identity of these third parties will be indicated at the time of registration. If you choose to register, you will transmit your Personal Data to these third parties and their treatment will be subject to their privacy policy.

 

 12. Direct Marketing

We will only send you direct marketing communications by email or text if we have your express consent or if you have requested information from us or purchased goods or Services from us. We will get your express consent before we share your Personal Data with any third party for marketing purposes, including ads personalization.

You may withdraw such consent at any time or may object to the receipt of newsletters, or promotional emails by following the steps detailed in such communications.  In the event your consent was expressly provided to BHVR or its partners for ads personalization in a game, you may withdraw your consent as indicated in the related game.

 

13. Changes to the Policy

We update our Policy regularly. This Policy may change, and if it does, these changes will be posted on this page and, where appropriate, notified to you by email or when you log onto one of the Services. The new policy may be displayed on-screen and you may be required to read and accept the changes to continue your use of the Services. Your continued use of our Services will be deemed as an acceptance of the changes to the Policy.

 

14. Contact

If you have any questions regarding the Policy or if you want to exercise your legal rights set out below to appeal any adverse decisions made by us regarding the processing of your Personal Data, please contact us:

• http://support.bhvr.com or;
• by mail: Attn: Legal Department, Behaviour Interactive Inc., 500-6666 Saint-Urbain Street, Montreal, Quebec H2S 3H1, Canada.

Privacy Officer contact information: privacy@BHVR.com.

 

15. California Privacy Rights

This privacy section for California Residents (“CA Privacy Section”) supplements the information contained in other sections of this Policy. This CA Privacy Section applies solely to all visitors, users, and/or State of California residents (“consumers” or “you“). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this CA Privacy Section.  Please note that in other sections of the Policy, you should consider the expression “personal data” to mean “personal information”.

NOTICE AT COLLECTION

15.1       Personal Information We Collect

While providing the Services, BHVR collects information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“personal information“). Personal information does not include:

• Publicly available information from government records.
• Deidentified or aggregated consumer information.

BHVR may collect the following categories of personal information about California residents:

1. Identifiers such as real name, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.
2. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), such as name, address, telephone number, employment, employment history.
3. Protected classification characteristics under California or federal law, such as gender or date of birth.
4. Commercial information such as records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
5. Biometric information, which may include Sensitive Personal Information used to uniquely identify you.
6. Internet or other similar network activity.
7. Sensory data, such as audio, electronic, visual information.
8. Professional or employment-related information, such as current or past job history.
9. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)), such as education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts.
10. Inferences drawn from any of the personal information identified above.

BHVR may collect the following types of sensitive personal information category about California residents: gender, and biometric information.

Please refer to section 7 of this Policy to learn about the retention period of your personal information.

 

15.2  How is Personal Information Collected

To learn about the collection of personal information, please refer to section 4 of this Policy.

 

15.3 Purposes for Collection of Personal Information

To learn about the purposes for which personal information is collected, please refer to section 3.1 of this Policy. The purposes for which personal information of California residents is collected also includes the following purposes:

1. As described to you when collecting your personal information or as otherwise set forth in the CCPA.
2. To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our website and applications users, and game players is among the assets transferred.
3. We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

 

15.4       Disclosing of Personal Information

We may share your personal information by disclosing it to a third party for a business purpose listed in section 5 of this Policy. We only make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the personal information confidential, and prohibit using the disclosed information for any purpose except performing the contract. In the preceding twelve (12) months, we may have disclosed personal information for a business purpose to the categories of third parties indicated in the chart below.

We may also share your personal information by selling it to third parties, subject to your right to opt-out of those sales. The personal information sold does not include information about individuals we know are under age 16.

BHVR does not sell or share consumers’ personal information in exchange for money. BHVR shares personal information with third parties and service providers in compliance with the law to deliver more meaningful ads and other communications to consumers, and for other similar reasons provided in this Policy.  Some of these uses of Personal Information may be considered “sales” or “sharing” for cross-context behavioural advertising under the CCPA.

 

15.5       Your Rights & Choices

The CCPA provides consumers with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

15.5.1 Right to Know and Data Portability: You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months.

15.5.2 Right to Delete: You have the right to request that we delete any of your personal information or sensitive personal information that we collected from you and retained, subject to certain exceptions. Please note that your request to delete data may impact your use of the Services in some cases, and we may decline to delete information for reasons set forth in this CA Privacy Section or as permitted by the CCPA. We will delete or deidentify personal information and/or sensitive personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action.

15.5.3 Right to correct inaccurate personal information: If you believe that personal information we maintain about you is inaccurate, you have the right to request that we correct that information.

15.5.4 Right to opt-out of sharing personal information for cross-context behavioural advertising purposes: California residents have the right to opt out of the sale of their personal information and sharing of personal information for cross-contextual behavioural advertising. If you would like to opt out of sale of your personal information and sharing of personal information for cross contextual behavioural advertising for Tracking Technologies, including cookies and pixels, you will need to click here and opt out of cookies by using the “Cookie Consent Tool” for each BHVR website you visit. We also accept certain opt-out preference signals sent from your browser that will opt you out of the sale and sharing of your personal information. Depending on how you have interacted with our services and our ability to identify you, this may only opt you out of sales and sharing that take place via cookies.

15.5.5 Right to restrict sensitive personal information processing: You have the right to limit our use and disclosure of Sensitive Personal Information to uses that are reasonably necessary to perform services, provide goods to you, or as otherwise permitted by CCPA.

15.5.6 Personal Information Sales or Sharing Opt-Out Rights and Sensitive Personal Information Use Limitation: If you are age 16 or older, you have the right to direct us to opt-out as per below:

A. to not sell or share your personal information and sensitive personal information for cross-context behavioural advertising purposes at any time. Note that we do not sell the personal information or sensitive personal information of consumers we actually know are less than 16 years old. Consumers who opt-in to personal information sales may opt-out of future sales or sharing at any time. and/or

B. to limit the use of not sell your sensitive personal information at any time. Note that we do not use the sensitive personal information of consumers we actually know are less than 16 years old.

15.5.7 Right to Non-Discrimination: A California consumer has the right not to receive discriminatory treatment by a business for the exercise of their privacy rights conferred by the CCPA.

15.5.8 Exercising Your Rights

A. General

If you, or someone legally authorized to act on your behalf, wish to exercise your rights, please submit a request to know, delete, correct, opt-out, or restrict processing related to your personal information:

• by clicking here: https://support.bhvr.com; or
• by mail: Attn: Customer Support (Privacy Officer), Behaviour Interactive Inc., 500-6666 Saint-Urbain Street, Montreal, Quebec H2S 3H1, Canada.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.  BHVR will need to take reasonable steps to verify your identity before the request will be processed. We will only use personal information provided in the request to verify the requestor’s identity or authority to make it.

You may only submit a request to know twice within a 12-month period. Your request to know, delete, correct, opt-out, or restrict processing must: 1) provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and 2) describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

 

B. Response Timing and Format

We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please contact https://support.bhvr.com.

We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing.

Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to re-confirm your preferences with regards to personal information sharing and/or use of sensitive personal information. However, you may change your mind and opt back in to personal information sharing or use of sensitive personal information at any time by managing your preferences as you see fit, using link below.

 

15.6       Other California Privacy Rights

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes (if any). To make such a request, please send an email to https://support.bhvr.com.