We ask that you read this privacy notice carefully, as it contains important information on who we are, how and why we collect, store, use, and share personal information, your rights in relation to your personal information and on how to contact us and supervisory authorities in the event you have a complaint.

WHO WE ARE

New World Interactive, LLC (“NWI,” “We,” or “Us”) collects, uses and is responsible for certain personal information about you, as part of the “Day of Infamy,” “Insurgency,” and “Insurgency: Sandstorm” games and the NWI website (collectively, the “Service”).

For those in the European Union, we are regulated under the General Data Protection Regulation which applies across the European Union (including in the United Kingdom) and we are responsible as controller of that personal information for the purposes of those laws.

THE PERSONAL INFORMATION WE COLLECT AND USE

Information collected by us: In providing the Service, we collect the following personal information either automatically or when you voluntarily provide it to us:

• Your name and email address are collected when you sign up for our newsletter, contact us about a Service-related issue or support ticket, or fill out a survey (your “Identity Information”). The legal basis for collecting this information is your consent and to fulfill a contract with you, under GDPR Art. 6 (1) (a) and (b).
• Your IP Address, platform type, hardware settings, hardware components, and software version (your “Technical Information”). The legal basis for collecting this information is to fulfill a contract with you, under GDPR Art. 6 (1) (b).
• Your game save data, gameplay data, play history, in-game inventory, and other Game-related data (your “Game Information”). The legal basis for collecting this information is to fulfill a contract with you, under GDPR Art. 6 (1) (b).
• When you create or access mods for the Insurgency: Sandstorm game, you need to authenticate through Mod.io, our service provider. Your gamertag or other store ID, your display name, your avatar, and your IP address and device ID will be collected during this process (your “Mod Account Information”). This collection does not apply to our other games. The legal basis for collecting this information is your consent, under GDPR Art. 6 (1) (a).

Information shared with us by others: If you purchase our games on a third-party service like Steam or PSN, your Platform ID from that third-party service will be shared with us (your “Platform Information”). The legal basis for collecting this information is to fulfill a contract with you, under GDPR Art. 6 (1) (b).

How we use your Personal Information: We use your personal information as follows:

• Newsletters: NWI may use your Identity Information to send you commercial or marketing messages including newsletters and email communications about our products or services.
• Technical Support: NWI uses Identity Information, Technical Information, and Game Information, as needed, to provide you with technical support for the Service.
• Online Multiplayer: NWI uses your Technical Information, Game Information, and Platform Information to provide you with advertised game features, including online multiplayer.
• Contests, Surveys, and Feedback: NWI may offer you the chance to participate in contests, surveys, and other Service feedback. We may use your Identity Information to receive and process any contests, surveys, and feedback that you and other users choose to participate in, in order to improve the Service.

Who we share your Personal Information with: We share your Personal Information with certain third parties as part of our operation of the Service. This data sharing enables us to provide you with the Service in the optimal way.

Some of those third-party recipients may be based outside the European Economic Area — for further information, including how we safeguard your personal data when this occurs, see their individual privacy policies linked to above and the section entitled “Transfer of your Information out of the EEA,” below.

We share your Personal Information with the following third parties:

• • Game Hosting: We use certain cloud services for multiplayer games that you play on the Service. We share your Technical Information, Game Information, and Platform Information with them for these purposes. These third-party services are:
    • Digital Ocean – Privacy Policy
    • Vultr – Privacy Policy
  • Anti-Cheat: We use a third-party service to prevent users from cheating in online games on the Service. We share Technical Information with them for these purposes. You can view their privacy policy here.
  • Publisher Access: When you play the Insurgency: Sandstorm game, we may share certain information with our publisher, Focus Home Interactive, as part of their publishing responsibilities. You can view their privacy policy here.
  • Newsletters: We use Robly to help manage our newsletter mailing list. We share your Identity Information with them for these purposes. You can view their privacy policy here.
  • Support Tickets: We use FreshDesk to handle support tickets on the Service. Your Identity Information and Technical Information is shared with them when you submit a request for support on the Service. You can view their privacy policy here.
  • Surveys and Feedback: We use SurveyMonkey to help us gather survey data and feedback about the Service. Any information you enter into a survey is shared with them, as is certain Identity Information and Technical Information. You can view their privacy policy here.
  • Mods: For Insurgency: Sandstorm, we use Mod.io to enable the creation of mods and the ability to access and play mods. When you use this functionality, we may share your Mod Account Information with Mod.io. You can view their privacy policy here and their terms of use here.

For our other games, we use Steam Workshop to enable mod functionality. You can view Valve’s privacy policy here.

• • Other Sharing: We will share your Personal Information if we have a good faith belief that (i) access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process, such as a court order or subpoena, or a request by law enforcement or governmental authorities, (ii) such action is necessary to detect, prevent, or otherwise address fraud, security or technical issues associated with the Service, or (iii) such action is appropriate to protect the rights, property or safety of NWI, its employees, clients, or users of the Service.

We will not share your personal information with any other third party.

How long your Personal Information will be kept: We will keep your Personal Information for the length of time required to provide you with the Service, unless a longer retention period is required or permitted by law. Afterwards, we delete all aforementioned data in our possession within a reasonable timeframe. We do not verify the correctness of personal data that we collect or you provide.

Please note that some data may be retained if necessary to resolve disputes, enforce NWI user agreements, and comply with technical and legal requirements and constraints related to the security, integrity and operation of the Service.

Children’s Privacy: We do not knowingly collect any personal information from children under the age of 13, nor do we allow them to create accounts, sign up for newsletters, make purchases, or browse the Service. In addition, we may limit how we collect, use, and store some of the information of EU users between 13 and 16. NWI takes children’s privacy seriously and encourages parents to play an active role in their children’s online experience at all times. We urge parents to instruct their children never to give out their real names, addresses, or phone numbers, without parental permission, when online. If you have any concerns about your child’s personal information, please contact us at [email protected].

TRANSFER OF YOUR INFORMATION OUT OF THE EEA

NWI is based in the United States. No matter where you are located, you consent to the processing, transfer and storage of your information in and to the U.S., in accordance with the privacy policies of third parties with whom we share your Personal Information. The laws of the U.S. and other countries governing data collection and use may not be as comprehensive or protective as the laws of the country where you live.

If you would like further information, please contact us (see “How to contact us” below).

EU RESIDENTS – YOUR RIGHTS

Under the laws of some jurisdictions, including the General Data Protection Regulation in the EEA, you have a number of important rights with regard to your Personal Information.

• By law, you can ask us what information we hold about you, and you can ask us to correct it if it is inaccurate. If we have asked for your consent to process your personal data, you may withdraw that consent at any time.
• If we are processing your personal data for reasons of consent or to fulfill a contract, you can ask us to give you a copy of the information in a machine-readable format so that you can transfer it to another provider.
• If we are processing your personal data for reasons of consent or legitimate interest, you can request that your data be erased.
• You have the right to ask us to stop using your information for a period of time, if you believe we are not doing so lawfully.
• Finally, in some circumstances, you can ask us not to reach decisions affecting you using automated processing or profiling.

If you would like to exercise any of those rights, please email us at [email protected]. We may ask for additional verification information, such as your username and other information required to be sure that you are the owner of that data.

CALIFORNIA RESIDENTS – YOUR RIGHTS

If you are a California resident, beginning on January 1, 2020, the California Consumer Privacy Act (CCPA) gives you the following rights:

Right to Know: You can ask us what personal data we hold about you and request a copy of the information. This information includes:

• The categories of personal information we have collected about you.
• The categories of sources from which we collect the personal information.
• The business or commercial purpose for collecting your personal information.
• The categories of third parties with whom we share that information.
• The specific pieces of personal information we have collected about you.

Right to Delete: You can request that your personal information be erased. However, there are some exceptions to this right, in situations where we:

• Need to complete the transaction for which the personal information was collected, provide a good or service that you requested, or that is reasonably anticipated within our ongoing business relationship with the consumer, or to otherwise perform a contract between us.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity.
• Debug to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their right of free speech, or exercise another right provided for by law.
• Need to comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the businesses’ deletion of the information is likely to render impossible or seriously impair the achievement of such research, if the consumer has provided informed consent.
• Enable solely internal uses that are reasonably aligned with the expectations of the consumer based on the consumer’s relationship with us.
• Need to comply with a legal obligation.
• Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.

Right to Opt Out: NWI does not sell any of your personal information for any purposes.

Other Rights: In addition to the rights above, you also have the right to request certain information about our disclosure of personal information to third parties for their own direct marketing purposes during the calendar year preceding your request. This request is free and may be made only once a year.

You also have the right not to be discriminated against for exercising any of the rights of California residents listed in this section.

If you would like to exercise any of the rights listed above, please contact us at the addresses below in the section entitled “How to contact us.”

KEEPING YOUR PERSONAL INFORMATION SECURE

We have taken steps to put appropriate security measures in place to prevent personal information from being accidentally lost, or used or accessed in an unauthorized way.

For example, we limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorized manner.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

RESOLVING DISPUTES

We hope that we can resolve any questions or concerns you raise about our use of your Personal Information. Please contact us via the methods listed below in the section entitled “How to contact us” to let us know about any of your questions or concerns, and we will get back to you to resolve the issue.

If you are an EU citizen, the General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live, or where any alleged infringement of data protection laws occurred.

CHANGES TO THIS PRIVACY NOTICE

This privacy notice was last updated on March 26, 2020.

We may change this privacy notice from time to time. When we do, we will inform you via email to the email address you have provided us with through your account, or by posting a message about the change on the Service.

HOW TO CONTACT US

Please contact us if you have any questions about this privacy notice or the information we hold about you.

If you wish to contact us, you can do so by email to [email protected], or by postal mail to 600 S. Cherry Street, Suite 305, Denver, CO, 80246, USA.