PRIVACY POLICY OF 360HEXAWORLD
▪ WELCOME TO THE 360HEXAWORLD WEBSITES AND MOBILE PROPERTIES LOCATEDAT [HTTPS://360HEXAWORLD.COM/], RELATED SOFTWARE APPLICATIONS (SOMETIMES REFERRED TO AS“APPS”), DATA, SMS, APIs, EMAIL, CHAT AND TELEPHONE CORRESPONDENCE, BUTTONS, WIDGETS ANDADs (COLLECTIVELY, ALL OF THESE ITEMS MAY BE REFERRED TO HEREIN AS THE “SERVICES” OR“360HEXAWORLD SERVICES”; MORE GENERALLY, THE 360HEXAWORLD WEBSITES AND MOBILEPROPERTIES SHALL HEREINAFTER BE REFERRED TO HEREIN AS THE “WEBSITES”).
▪ THIS PRIVACY POLICY (THE “PRIVACY POLICY ”) IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU (“YOU,”“YOUR” OR “YOURSELF”) AND DATAKING INC.
THE TERMS “WE,” “OUR,” “US,” “COMPANY” OR “360Hexaworld” IN THIS TERMS REFER TO DATAKING INC, A ROK INC COMPANY, AND THIS TERMSGOVERNS YOUR USE OF THE “SERVICES.”
▪ OUR DIGITAL OPERATIONS ARE CONDUCTED, IN WHOLE OR IN PART, IN THE RO, AND ARE SUBJECT TO THELAWS OF ROK, INCLUDING THOSE GOVERNING PRIVACY AND DATA SECURITY, AND WE WILL PROTECTYOUR INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY.
REGARDLESS OF WHERE YOU LIVE, YOU CONSENT TO HAVE YOUR PERSONAL DATA TRANSFERRED, PROCESSED AND STORED OUTSIDE OF THECOUNTRY WHERE YOU ARE LOCATED, INCLUDING IN ROK, AND ALLOW COMPANY TO USE AND COLLECTYOUR PERSONAL INFORMATION IN ACCORDANCE WITH THE PRIVACY POLICY.
CERTAIN COUNTRIES MAY NOT HAVE THE SAME DATA PROTECTION LAWS AS THE COUNTRY IN WHICH YOU ARE LOCATED AND SUCHINFORMATION MAY BE AVAILABLE TO GOVERNMENT AUTHORITIES UNDER LAWFUL ORDERS AND ASAPPLICABLE IN SUCH FOREIGN JURISDICTIONS.
YOU CONSENT TO ANY SUCH CROSS-BORDER TRANSFER OF YOUR PERSONAL INFORMATION.
▪ IF YOU DO NOT AGREE TO THE PRIVACY POLICY, PLEASE STOP USING OUR SERVICES.
COMPANY WILL POST ANY MODIFICATIONS OR CHANGES TO THE PRIVACY POLICY ON THE WEBSITES.
WE RESERVE THE RIGHT TO MODIFY THIS PRIVACY POLICY AT ANY TIME, SO WE ENCOURAGE YOU TO REVIEW IT FREQUENTLY.
IF WE MAKE A MATERIAL CHANGE TO THIS PRIVACY POLICY, WE WILL NOTIFY YOU BY EMAIL OR BY MEANS OF ANOTICE ON OUR WEBSITES OR VIA PUSH NOTIFICATIONS WITHIN OUR MOBILE APPLICATIONS PRIOR TOTHE CHANGES TAKING EFFECT, IN ACCORDANCE WITH ANY APPLICABLE LEGAL OBLIGATIONS.
YOUR CONTINUED USE OF THE COMPANY SERVICES SIGNIFIES YOUR ACCEPTANCE OF OUR MODIFIED PRIVACYPOLICY.
WE REGULARLY UPDATE OUR APPS AND WEBSITES TO MAKE IMPROVEMENTS, INCLUDING IMPROVEMENTS THAT BETTER SERVE YOUR PRIVACY RIGHTS.
TO ENSURE THAT THIS PRIVACY POLICY ACCURATELY REFLECTS YOUR USE OF THE COMPANY SERVICES YOU WILL NEED TO ENSURE THAT YOU AREUSING THE MOST RECENT RELEASE OF THE OUR APPS AND WEBSITES.
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COLLECTION OF INFORMATION Depending on how you interact with Company, we process different kinds of information and in different ways.Some information is automatically processed if you visit our Websites or use the 360Hexaworld Services.
Other information is only processed if you actively submit it to Company (like using our web forms to get in touch withCompany or uploading content to our Websites).
A. PERSONAL INFORMATION WE MAY COLLECT 1) In order for you to use the 360Hexaworld Services, we may require you to provide Company with informationthat identifies you as an individual (“Personal Information”).2) We may collect Personal Information from you that includes, but is not limited to: (i) your name and your contactdata (such as your email address, phone number, billing and physical addresses, and your application login andpassword); (ii) demographic data (such as your gender, your date of birth and your zip code); (iii) profile andaccount information, which includes your social media information and other information; (iv) locationinformation of your device that you use with the Apps, provided that your device settings allow Company tocollect such location information; and (v) device and browsing information, including information about yourphone, tablet or other device, and online browsing activity.
This may also include IP addresses, unique device identifiers, cookie identifiers, device and browser settings and information, and wireless service providerinformation.
We may also collect information about how and when you access the Apps, including the date, time and duration of each visit to the Apps and what actions you take on the Apps.3) If you communicate with Company by, for example, email or letter, any information provided in suchcommunication may be collected as Personal Information.
B. HOW WE MAY COLLECT PERSONAL INFORMATION
1) You provide your Personal Information: (i) when you register for an account, make a purchase, interact with ourcustomer service, chat using the Apps chat function, respond to a survey or otherwise; (ii) automatically frommobile devices, such as information about the location of your mobile device; (iii) through third-parties, such asservice providers that we use, analytics companies, advertising networks, demographic companies, and otherthird parties that we work with; (iv) we may use Google Analytics to collect and review user data; (v) we usecookies and third-party affiliates such as Google Analytics, will also implement cookies to collect informationabout users’ activity on the Services; (vi) we may include links to third-party websites or apps that are notaffiliated with Company, or such third-party services may link to the 360Hexaworld Services.
2) We use and disclose this information only in accordance with your express authorization, which we requestfrom you through a separate document when you sign up to use the 360Hexaworld Services.
3) When you use the 360Hexaworld Services, we may collect certain information about you and your deviceautomatically through the use of cookies, web beacons, and similar technologies.
A “cookie” is a small data file sent from a website and stored on your device to identify your device in the future and allow for an enhancedpersonalized user experience.
A “session cookie” disappears after you close your web browser, or may expire after a fixed period of time.
A “persistent cookie” remains after you close your web browser and may be accessed every time you use our Services.
We may use both session and persistent cookies.
You should consult your web browser to modify your cookie settings.
We may also use Local Shared Objects (sometimes referred 3 / 10to as “Flash Cookies”), which are similar to standard cookies except that they can be larger and are downloadedto a computer or mobile device by the Adobe Flash media player.
By using the 360Hexaworld Services, you consent to our use of cookies and similar technologies.4) We may also receive information about you from other sources, including through third-party services andorganizations.
We may combine our first-party data, such as your email address or name, with third-party data from other sources and use this to contact you (e.g., through direct mail).
For example, if you access third-party services, such as META, Google, Naver, Kakao,or Twitter, TikTok,Twitch,Instagram,MetaMask,Discord to loginto the 360Hexaworld Services or to share information about your experience on the 360Hexaworld Serviceswith others, we may collect information from these third-party services.5) Period for retention and use of personal informationRecord on the information having been non-identified and anonymized for the purpose of statistics · academics· research: Permanence (Personal Information Protection Act)Log record of users such as internet/data detecting the place of user connection: 3 months (Protection ofCommunications Secrets Act)Record on consumer complaint or dispute treatment: 3 years (Act on Consumer Protection in ElectronicCommerce)Record on sign/advertisement: 6 months(Act on Consumer Protection in Electronic Commerce)Record regarding contract or withdrawal of subscription: 5 years (Act on Consumer Protection in ElectronicCommerce)Record on payment and supply of goods:5 years (Act on Consumer Protection in Electronic Commerce)Record regarding electronic financial transactions: 5years (Electronic Financial Transactions Act)
C. NON-PERSONAL INFORMATION WE MAY COLLECT “Non-Personal Information” is any information that does not reveal your specific identity.
We may collect NonPersonal Information in a variety of ways, including:
▪ Through your device: Certain information is collected automatically through your device, such as youroperating system name and version, device manufacturer and model, device identifier, language, the nameand version of the software application you are using.
We use this information to ensure that the 360Hexaworld Services function properly and to understand usage of the 360Hexaworld Services.
If you give Company your consent, we may collect information about the physical location of your device, forexample, using your device’s GPS functionality.
We may use such information to provide you with personalized location-based services and content.
We may also share your device’s physical location, combined with information about what advertisements you viewed and other information we collect, withour marketing partners to enable them to provide you with more personalized content and to study theeffectiveness of advertising campaigns.
You will be permitted to allow or deny such uses and/or sharing of your device’s location, but if you choose to deny such uses and/or sharing, we and/or our marketingpartners may not be able to provide you with the applicable personalized services and content.
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▪ Through other devices: Certain information may also be collected automatically through devices that arelinked or paired to the 360Hexaworld Services.
▪ Through server log files: Your “IP Address” is a number that is automatically assigned to the device that youare using by your Internet Service Provider (ISP).
An IP Address is identified and logged automatically in our server log files whenever a user uses the Apps, along with the time of the use and the pages visited withinthe Apps.
We use IP Addresses for purposes such as helping to calculate Apps usage levels, diagnose server problems and administer the 360Hexaworld Services.
▪ From you: We may collect Non-Personal Information such as your general geographic location, as well asother information, such as your preferred means of communication, when you voluntarily provide suchinformation to Company.
Unless combined with Personal Information, this information does not personally identify you or any other user of the 360Hexaworld Services.
▪ By de-identifying information: “Aggregated Personal Information” is information that is derived fromPersonal Information that does not personally identify you or any other user of the Apps.
For example, we may aggregate Personal Information to calculate the percentage of our users who have a particulartelephone area code or a zip code.
2. USE AND DISCLOSE OF INFORMATION
A. HOW WE MAY USE PERSONAL INFORMATION We and our third-party service providers may use Personal Information:
1) To provide products and services in connection with fulfilling orders, processing payments, maintaining userprofiles, and suggest products we think you might be interested in;
2) To respond to you when you contact customer service, request information or assistance, complete a survey,share comments on the Apps, and enter and/or win sweepstakes and giveaways;
3) For analytics, to understand how you use our Websites and Apps and to improve, customize, and market ourservices and content, and for other business purposes;
4) For lawful business purposes, such as to operate and improve upon our business, to maintain our accounts andrecords, to communicate with you in order to determine your satisfaction with the 360Hexaworld Services, todetect and prevent fraud and misuse of the 360Hexaworld Services, and for any other business purpose thatare permitted by law;
5) To provide you with customized content, targeted offers, promotions and advertising on the 360HexaworldServices, through other third-party sites or apps, or via email, text messages, or push notifications offered by360Hexaworld or other partners that might be of interest to you, including sending you information andnewsletters from Company or one of our partners and sending you occasional customer surveys for the purposeof improving our services offerings to you;
6) To protect the security or integrity of the 360Hexaworld Services and our business, including by protectingagainst and preventing fraud, unauthorized transactions, claims and other liabilities, and managing riskexposure;
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To further our business purposes, such as quality assessment, data analysis, audits, developing new products,improving the 360Hexaworld Services, identifying usage trends to inform members of our community whichmight be useful to them, and determining the effectiveness of our promotional campaigns; and8) To act as we believe to be necessary or appropriate: (i) under applicable law; (ii) to comply with legal process; (iii) to respond to requests from public or government authorities; (iv) to enforce our Terms of Service; (v) toprotect our operations or those of any of our affiliates; (vi) to protect our rights, privacy, safety or property, orthat of our affiliates, you or others; (vii) at our discretion under emergency circumstances, to notify emergencyservices or your family members, personal representative or other individuals involved in your care of yourlocation and condition; or (viii) to allow Company to pursue available remedies or limit the damages that wemay sustain.
B. HOW WE MAY DISCLOSE PERSONAL INFORMATION Your Personal Information may be disclosed to:
1) Our third-party service providers that provide services such as hosting of the application, data analysis, ITservices and infrastructure, customer service, mail delivery, auditing and other similar services;
2) Providers to schedule and fulfill appointments and provide healthcare services and confirm those services weredelivered to you;
3) Our affiliates, for the purposes described for Personal Information in the Privacy Policy, including marketingpurposes relating to their products and services;
4) Third parties, to permit them to send marketing communications to you regarding the 360Hexaworld Services;
5) A third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, liquidation orother disposition of all or any portion of our business, assets or stock (including in connection with anybankruptcy or similar proceeding); and
6) A third party as we believe to be necessary or appropriate: (i) under applicable law; (ii) to comply with legalprocess; (iii) to respond to requests from public or government authorities; (iv) to enforce our Terms of Service;(v) to protect our operations or those of any of our affiliates; (vi) to protect our rights, privacy, safety or property,or that of our affiliates, you or others; (vii) at our discretion under emergency circumstances, to notifyemergency services or your family members, personal representative or other individuals involved in your careof your location and condition; or (viii) to allow Company to pursue available remedies or limit the damages thatwe may sustain.
C.HOW WE MAY USE AND DISCLOSE NON-PERSONAL INFORMATION
1) Because Non-Personal Information does not personally identify you, we may use and disclose Non-PersonalInformation for any purpose.
2) We may share, disclose or sell non-identifiable aggregate or anonymous information with our affiliates, agents,service providers, business partners, or any other third parties for their marketing or analytics uses or for otherlawful purposes.
This type of non-identifiable and aggregate information cannot be used to identify you personally.
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If we combine any Non-Personal Information with Personal Information, the combined information will betreated by Company as Personal Information as long as it is so combined.
3.SHARING PERSONAL INFORMATION WITH THIRD PARTIES We treat your Personal Information with care and confidentially and will only pass it on to third parties to the extentdescribed below and not beyond.
We do not share, sell, rent, or trade Personal Information with third parties for any promotional purposes.
Where our affiliates, resellers, or service providers process Personal Information, they will do so solely on our instructions and have undertaken to comply with strict contractual requirements for thesecurity of your data (including, but not limited to, complying with this Privacy Policy).
A.SERVICE PROVIDERS We transmit data to service providers that enable Company to provide Websites and market, sell, and deliver the360Hexaworld Services.
This includes the parties providing our third-party cookies and tracking tools, as well as parties providing Company with services to assist Company in processing transactions, including credit cardtransactions, handling shipping and processing of orders, providing customer support, managing customerrelationships (like Saleforce.com), hosting the Websites (like Amazon Web Services), collecting, storing, or removingyour information, or performing statistical analysis of the Websites (such as Google).
We occasionally also share Personal Information with independent auditors acting on our behalf, for anti-piracy or revenue accounting purposesin connection with the internal operations of Company’s business.
We sometimes need to share your Personal Information with these companies in order for them to provide the applicable services.
B.BUSINESS TRANSACTIONS In the event we go through a business transaction such as a merger, an acquisition by another company, or a sale ofall or a portion of its assets to which the Privacy Policy relates, your Personal Information will likely be among theassets transferred and, in such case, you will be notified in advance via e-mail and/or a prominent notice on ourWebsites of such change in ownership or a change in the use of your Personal Information, as well as any choicesyou may have regarding your Personal Information (including, if applicable, your right to object to such transfer).
C. PUBLIC AUTHORITIES Although we make every effort to preserve user privacy, we may need to disclose Personal Information whenrequired by law, such as when we have a good-faith belief that such action is necessary to comply with a currentjudicial proceeding, a court order, or litigation or other legal process or action (whether or not initiated by Company)to protect our, our users’ or third parties’ rights, property or safety.
We will transmit data to public authorities such as law enforcement or tax authorities only in the case of a legal obligation to do so based on a request for informationfrom the respective authority.
D. PROMOTIONAL OFFERS As a registered user, you may receive news and special offers from Company regarding the 360Hexaworld Serviceor the services of third parties who we think may offer services that would be of interest to you.
4. TIMEFRAME FOR KEEPING INFORMATION
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A. We process and store your Personal Information as long as necessary for the fulfillment of our contractual or legal obligations.
Thus, we store the data as long as our contractual relationship with you as our customer obliges Company to do so.
B. After termination of our contractual relationship, we will store Personal Information only to the extent and for as long as applicable law requires.
All other data will be deleted immediately when you, as a customer, unsubscribe from the 360Hexaworld Service.
If the remaining information is no longer required for the fulfillment of legal obligations, it will be regularly deleted, unless its further processing is necessary for thepreservation of evidence or the prevention of legal claims from becoming time-barred.
5. REVIEWING AND REQUESTING CHANGES TO YOUR INFORMATION
A. You may update, delete, access, or change your account information by editing your data.
While you cannot access or change the nonpersonal information that we collect, you can review your personal profile on theApps or Websites and correct or update it by sending a request to [E-mail Address]. You can opt out of marketing or advertising emails by utilizing the “unsubscribe” link or mechanism noted in advertising ormarketing emails you receive from Company. You can opt out of push notifications by selecting the appropriate setting directly on your mobile device.
B. For any questions regarding how to subscribe or unsubscribe from our emails, newsletters, push notifications and text messages, please contact us at [help@dataking.co.kr].
We are happy to assist you with any of the above.
6. INFORMATION FOR EU RESIDENTS You are not legally required to provide us with the Personal Information described in this Privacy Policy.
Further, the contractual relationship that you might have entered into with us by using the 360Hexaworld Services does notimply any obligation to provide your Personal Information.
However, you might not be able to use the 360Hexaworld Services to the full extent, or in some cases you may not be able to use the 360Hexaworld Services at all, if you donot provide Company with certain data or object to the use of this data.
A. OUR LEGAL BASIS FOR PROCESSING
1) When processing your Personal Information, we rely on the General Data Protection Regulation (“GDPR”),an EU-wide legal framework for the standardization of data protection.
We primarily process data as a controller, for the purposes explained above under Sections 1 and 2 of the Privacy Policy.
These purposes represent our legitimate interests for the purposes of Article 6(1)( f) GDPR.
At the same time, some of the Personal Information we process is necessary for Company to perform a contract with you or in order totake steps at your request prior to entering into a contract with you.
For example, if you express your interest in using one of the 360Hexaworld Services, such as by filling out a webform, we will process thePersonal Information submitted to comply with your request.
This may include sharing your Personal Information with one of our authorized resellers, who will then use your Personal Information to completethe purchase transaction.
2) We are legally obliged to provide certain information to criminal prosecution or tax authorities in individualcases upon request.
In these cases, the legal basis for the processing is either legal requirements (Article 6(1)( c) GDPR) or reasons of public interest (Article 6(1)( e) GDPR).
Where we process your Personal 8 / 10 Information with your explicit consent, pursuant to Article 6(1)( a) GDPR, this declaration of consent will bethe legal basis for processing your Personal Information.
B. TRANSFERRING YOUR DATA OUTSIDE THE EU OR THE EEA Our principal place of business is in the United States, which is a “Third Country” under the GDPR.
Third Countries are generally not considered to afford the same level of protection that you enjoy in the EU, but we still provide anadequate level of protection for your Personal Information.
We have ensured that our service providers and affiliates been subjected to strict contractual provisions in their contract with Company to guarantee that anadequate level of data protection for your data is guaranteed.
C. USER PROFILES We use your data for “Profiling.” This means that we use your data to make tailored offers based on your previousbehavior as well as to serve you personalized ads.
However, we will never process and analyze your Personal Information in the context of Profiling in a way would lead to an automated decision that has a legal effect on youor significantly impairs you in a similar way.
D. YOUR RIGHTS REGARDING THE PROCESSING OF YOUR PERSONAL DATA
1) As a natural person, you have certain rights as “Data Subject.” You can assert the following rights againstcompany under the GDPR:
▪ Your right to information and access under Article 15 GDPR;
▪ Your right to rectification under Article 16 GDPR;
▪ Your right to erasure under Article 17 GDPR;
▪ Your right to restriction of processing under Article 18 GDPR; and
▪ Your right to data portability under Article 20 GDPR.2) You have a right of objection to the competent data protection supervisory authority under Article 77 ofGDPR, but only with respect to the data processing we conduct on our own behalf, as a controller.
In the event we act as a processor of your data for a third party, you must refer to the entity acting as controllerto assert this right.
Please note that, where you have granted Company your consent to process certain Personal Information, you are free to withdraw this declaration of consent with future effect at any pointin time.
This also applies to the withdrawal of declarations of consent issued to Company prior to the validity of the GDPR.
E. INFORMATION ABOUT YOUR RIGHT OF OBJECTION UNDER ARTICLE 21 OF GDPR 1) Right of objection in individual casesYou have the right, for reasons arising from your particular situation, to object at any time to the processing ofPersonal Information relating to you, which is processed on the basis of Article 6(1)( e) of GDPR (data processing inthe public interest) and Article 6(1)( f) of GDPR (data processing on the basis of a balance of interests); this alsoapplies to profiling based on this provision within the meaning of Article 4( 4) of GDPR.
If you file an objection, we will no longer process your Personal Information unless we can prove compelling grounds for the processing thatoutweigh your interests, rights and freedoms or the processing serves to assert, exercise, or defend legal claims.
If 9 / 10 we terminate the processing due to your objection, the Websites or the 360Hexaworld Services may no longer beavailable to you or only to a limited extent. 2) The right to object to the processing of data for advertising purposesYou have the right to object at any time to the processing of your Personal Information for the purpose of directmarketing, including any subscription to our newsletters or personalized ads; this also applies to Profiling, insofar asit is associated with such direct marketing.
If you object, we will no longer process your Personal Information in the future.
7. INFORMATION FOR ROKEA RESIDENTS
A. CONSUMER RIGHTS We do not sell consumer Personal Information for monetary or other valuable consideration.
Under the ROK Consumer Protection Act (“CCPA”), ROK residents are granted five consumer rights that we will uphold:1) The right to know which Personal Information is being collected;2) The right to know if Personal Information is being sold or shared, and to whom;3) The right to object to the sale of Personal Information;4) The right to access one’s own Personal Information; and5) The right to equal service and price, even for consumers who exercise their privacy rights.
B. CONSUMER REQUEST
1) Any customer wishing to exercise a right to access Personal Information held by Company must submit averifiable consumer request.
Please note that only an individual who is a resident of ROK (or the legal guardian of such individual in the case of a minor chil d) may make a request under the CCPA.
To make such a request, please submit a written request to the following email address specifying that you want a copyof ROK Privacy Rights notice: [help@dataking.co.kr].
2) We are not responsible for notices that are not labeled or sent properly, or do not have completeinformation.
Non-affiliated third-parties are independent from Company and if you wish to receive information about your disclosure choices or stop communications from such third-parties, please contactthose non-affiliated third-parties directly.
8. COLLECTING INFORMATION FROM CHILDREN
A.The 360Hexaworld Services are not intended for children under the age of 13.
We do not direct the 360Hexaworld Services to, nor do we knowingly solicit or collect information from anyone who tells us thathe or she is under 13 years of age.
B. If we learn that a child under the age of 13 has provided Personal Information to the 360Hexaworld Services, we will use reasonable efforts to remove such information from our files.
Parents should be aware that there are parental control tools available online that you can use to prevent your children from submittingPersonal Information online without parental permission or from accessing material that is harmful tominors.
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C. If a parent or guardian becomes aware that their child has provided Company with Personal Information or that we have otherwise inadvertently collected this information, contact us at [help@dataking.co.kr], sothat we may delete the information from our servers.
9. CONTACT INFORMATION To exercise your rights regarding Personal Information (as described above in this Privacy Policy), or if you have anyquestions about the Privacy Policy or our privacy practices, please contact us at [help@dataking.co.kr].EFFECTIVE DATE: DECEMBER 1, 2021