Our goal at GGtoor is to provide online console, desktop, and mobile gamers of all skill levels the chance to play the best games for the best prizes. To ensure fair play, and that every member is treated with the respect they deserve, these are the rules of our site. These are our Terms and Conditions of service ("T&Cs"). Users who do not comply with the T&Cs will face consequences as hereinafter described.
Shadow Gaming welcomes you. These T&Cs apply to all web sites, applications, and interactive services (the "Service") owned or operated by Shadow Gaming Inc., a wholly-owned subsidiary of GGtoor Inc., and its subsidiaries, parent companies, and affiliates ("Shadow Gaming", "we" or "us"), which includes, without limitation, Shadow Gaming Inc. and its white label partners. By using the Service, you are agreeing to the following T&C, whether or not you are a registered customer of Shadow Gaming. This T&C may be updated from time to time without notice to you; however, you can always find the latest T&C at www.GGtoor.com (the "Site") and you are responsible for reviewing these T&Cs periodically for any modifications. Your continued use of the Service following such modifications signifies your acceptance of those modifications. Additional terms may apply to your use of any Service, including contest rules and eligibility. We will provide these terms to you or post them on the website pages to which they apply; they are incorporated by reference into these T&Cs. If there is a conflict between these T&Cs and any additional terms that apply to a particular Service, the additional terms will control.
As set out in more detail below, SHADOW GAMING RESERVES THE RIGHT TO IMMEDIATELY SUSPEND AND/OR CLOSE THE ACCOUNT OF ANY MEMBER WHO VIOLATES, OR WHOM SHADOW GAMING REASONABLY BELIEVES MAY BE OR WILL BE VIOLATING, THESE TERMS AND CONDITIONS OF SERVICE, AT ANY TIME WITHOUT NOTICE. Please note that if a member's account is closed due to a violation of the T&Cs, Shadow Gaming reserves the right to determine how the member's account balance will be distributed. IF YOU DO NOT AGREE TO THE CURRENT TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SERVICE.
PLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH RIVAL GAMES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM RIVAL GAMES.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THESE TOS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
Any and all disputes, controversies or claims (each a "Dispute") arising out of, relating to or in connection with the Services, including, without limitation, any dispute regarding its arbitrability, validity or termination, or the performance or breach thereof, shall be exclusively and finally settled by arbitration administered by the American Arbitration Association ("AAA"). Any party may initiate arbitration by notice to the other party (a "Request for Arbitration"). The arbitration shall be conducted in accordance with the AAA rules governing commercial arbitration in effect at the time of the arbitration, except as they may be modified by the provisions of this T&C. The place of the arbitration shall be Hillsborough County, Florida. The arbitration shall be conducted confidentially by a single arbitrator in accordance with the AAA rules.
The arbitrator will apply the substantive law (and the law of remedies, if applicable) of the State of Florida without reference to its internal conflicts of laws principles, and will be without power to apply any different substantive law. The arbitrator will render an award and a written opinion in support thereof. Such award shall include the costs related to the arbitration and reasonable attorneys' fees and expenses to the prevailing party. The arbitrator also has the authority to grant provisional remedies, including, without limitation, injunctive relief, and to award specific performance. The arbitrator may entertain a motion to dismiss and/or a motion for summary judgment by any party, applying the standards governing such motions under the Federal Rules of Civil Procedure, and may rule upon any claim or counterclaim, or any portion thereof (a "Claim"), without holding an evidentiary hearing, if, after affording the parties an opportunity to present written submission and documentary evidence, the arbitrator concludes that there is no material issue of fact and that the Claim may be determined as a matter of law. The parties waive, to the fullest extent permitted by law, any rights to appeal, or to review of, any arbitrator's award by any court. The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction, including, without limitation, the courts of Florida, Hillsborough County. Notwithstanding the foregoing, any party to this T&C may seek injunctive relief, specific performance, or other equitable remedies from a court of competent jurisdiction without first pursuing resolution of the dispute as provided above. Each party to this T&C irrevocably submits to the non-exclusive jurisdiction and venue in the courts of the State of Florida and of the United States sitting in Hillsborough County in connection with any such proceeding, and waives any objection based on forum non conveniens. EACH PARTY TO THIS TOS IRREVOCABLY WAIVES SUCH PARTY'S RIGHT TO A TRIAL BY JURY IN CONNECTION WITH ANY ACTION TO ENFORCE AN ARBITRATOR'S DECISION OR AWARD PURSUANT TO THIS SECTION 20 OF THIS TOS.
The parties agree to maintain confidentiality as to all aspects of the arbitration, except as may be required by applicable law, regulations or court order, or to maintain or satisfy any suitability requirements for any license by any state, federal or other regulatory authority or body, including professional societies and organizations; provided, that nothing herein shall prevent a party from disclosing information regarding the arbitration for purposes of enforcing the award. The parties further agree to obtain the arbitrator's agreement to preserve the confidentiality of the arbitration.
If any portion of these T&Cs is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers, liability limitations and commitment to arbitration proceedings set forth above, then the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these T&Cs shall continue in effect.
In order to sign up and maintain an account on the Site, an individual must:
• be a natural person, at least 13 years old. Individuals between 13 and 18 must have permission from a parent or legal guardian, who must read these T&Cs and agree to be bound by them, on behalf of their minor child. Shadow Gaming reserves the right to confirm that such permission has been granted and to close or restrict any Accounts until Shadow Gaming is satisfied that a parent or legal guardian has read the T&Cs and agrees to allow their minor child to hold an account;
• be a citizen or resident of a state and/or country ("Territory") where skilled gaming is legal (as applicable from state to state and region to region within a given Territory);
• be physically located in a Territory in which participation in the Service you select, or the Site, is unrestricted by applicable laws; and you agree to fully comply with these T&Cs at all times.
• Certain sections of the Site and/or Service are age-gated to prevent minors from accessing games such as pay-to-enter games and tournaments. Minors may also be prohibited from playing games or entering tournaments based on ESRB or other game ratings, or conditions set by Shadow Gaming.
Officers, directors and agents of GGtoor, Shadow Gaming Inc. and its affiliates are not eligible to participate in any Services.
Additional Information for U.S. Citizens and Residents: The laws governing contests, tournaments and skilled gaming with entry fees and/or prizes are established by each individual state, not by the federal government. As such, Shadow Gaming CANNOT, and therefore DOES NOT, offer fee-based tournaments or games with prizes to residents of the following states: Louisiana, Montana, Arizona, Nevada, Washington, or Idaho. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
If you open an account and/or participate in any tournament or game offered on the Site while located in a prohibited jurisdiction, you may be in violation of the law of such jurisdiction and will be in violation of these T&Cs. As such, you are subject to having your account suspended or terminated and all winnings (if any) voided.
BY PARTICIPATING IN A TOURNAMENT OR OTHERWISE USING THE GGTOOR SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE, THAT YOUR PARENT OR LEGAL GUARDIAN AGREES TO BE BOUND BY THESE TERMS OF SERVICE IF YOU ARE BETWEEN 13 AND THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION OF RESIDENCE, AND THAT YOU HAVE NOT BEEN PREVIOUSLY REMOVED FROM AND ARE NOT PROHIBITED FROM USING THE GGTOOR SERVICES. YOU AGREE NOT TO ENTER ANY TOURNAMENTS THAT YOU DO NOT HAVE PARENTAL PERMISSION TO ENTER.
Upon sign-up and/or to facilitate refund and prize payments to you, you may be required to provide the following information:
• an alias that will be your username
• a password
• your e-mail address
• birth date
• full name
• permanent residential address
• phone number
• credit card or other payment information (only required if you are transferring funds to purchase entry in a pay-to-enter game or tournament)
The information provided must be true, accurate, current, and complete, as requested. You agree to update the sign-up data to keep it current and accurate. If Shadow Gaming determines you are signing up with purposely incorrect information, Shadow Gaming reserves the right to close your account. Knowingly submitting incomplete or inaccurate information will result in immediate termination of your account and forfeiture of any prizes or winnings to which you may have otherwise been entitled. Shadow Gaming also reserves the right, in its sole discretion, to change and/or suspend/terminate offensive usernames.
Make your username fun if you like, but keep it clean.
You are subject to all laws of the local government, province, state, and/or country in which you reside and from which you access the Services, and are solely responsible for obeying those laws. You agree Shadow Gaming and its affiliates cannot be held liable if laws applicable to you restrict or prohibit your participation. Shadow Gaming and its affiliates make no representations or warranties, implicit or explicit, as to your legal right to participate in any tournament offered on the Site or through the Service nor shall any person affiliated, or claiming affiliation, with Shadow Gaming and its affiliates have authority to make any such representations or warranties. Shadow Gaming and its affiliates reserve the right to monitor the location from which you access the Site and to block access from any jurisdiction in which participation is illegal or restricted.
Shadow Gaming may at any time require any member to provide proof of eligibility to participate in order to continue to allow such member access to the Site and the Service, and each member hereby acknowledges and accepts this condition of their participation as a reasonable measure to ensure legal operation of the Service.
In addition, each member will be required to provide proper identification and proof of eligibility prior to receiving a prize from Shadow Gaming. Participants may, at their option, pre-confirm their identification at any time. FAILURE TO PROVIDE EVIDENCE OF IDENTIFICATION AND/OR ELIGIBILITY SATISFACTORY TO SHADOW GAMING, IN ITS SOLE AND ABSOLUTE DISCRETION, SHALL RESULT IN THE SUSPENSION AND/OR TERMINATION OF THE MEMBER'S ACCOUNT.
You are only permitted to sign-up for one active account on the Site/Service. Additionally, Shadow Gaming only allows users to have one account per household. Shadow Gaming reserves the right to monitor any effort to establish multiple accounts. In the event it is discovered that you have opened more than one account, all accounts will be closed without notice. Shadow Gaming reserves the right to deny access to anyone, including, but not limited to, those members who use proxy servers and/or IP addresses residing in certain geographical areas.
Shadow Gaming reserves the right to limit your activity on the Site and/or Service in any way it deems appropriate, in its sole discretion. Shadow Gaming reserves the right to set expiration dates or other limits on all promotional or bonus funds or credits, including entry-fee bonuses or credits and prize credits applied to your account.
You, as the holder of your account, are solely responsible for all obligations and, assuming compliance with these T&Cs, are entitled to all benefits accruing thereto. You may not allow any other person to access your account, access the Site or Service, accept any winnings, or participate in any tournament using your account information. Your account is not transferable to any other person or entity. All activities undertaken under a member's account will be deemed to have been done by that member.
Any member who displays behavior which may be interpreted as the use of unfair methods on the Site or Service, including but not limited to, the opening and/or use of multiple accounts, the use of unauthorized or altered software or hardware to assist play, intentionally poor play in certain games in order to achieve a broader competitive advantage (i.e. "sandbagging"), harassment of other participants, posting of objectionable material, violation of other users privacy rights, impersonation of another person or entity, transmission of any virus, worm, defect or Trojan Horses, transmission of any spiders or robots, any disruption of the normal use of the service for another user, any breach of these T&Cs, or any breach or attempted breach of the security of your account or the Site or Services (collectively, "Abuse"), shall be subject to immediate sanction (as determined by Shadow Gaming in its sole discretion), up to and including account termination and blocking of Site access, the voiding of any winnings, in the case of money laundering or any other illegal activity, disclosure to the appropriate police authorities, and legal action at the sole discretion of Shadow Gaming.
When you sign up for an account, we ask for your consent so that Shadow Gaming and its affiliates may display your username and tournament records and other usage information collected through the Site or Service, for the purpose of promotion, including the promotion of tournaments and games by Shadow Gaming and its affiliates. By accepting any prize from Shadow Gaming and its affiliates, you agree to allow Shadow Gaming and its affiliates to use, distribute, modify, adapt, reproduce, print, publish, publicly display, and broadcast, royalty-free, worldwide, in any media and at any time, your name, picture, voice, likeness, and/or biographical information for promotional or related purposes without additional compensation. Shadow Gaming also reserves the right to share any information required by law with relation to the Skilled Gaming event.
You represent and warrant that you have all rights necessary to grant to Shadow Gaming and its affiliates the license above and that none of your Submissions are defamatory, violate any rights of third parties, including, without limitation, any intellectual property rights, or violate applicable laws.
Each member acknowledges that the outcome of the matches and tournaments offered on the Service are directly related to the number of members participating, and the skill levels of each member participating. Shadow Gaming does not comment or have knowledge of the probability of one member winning a match vs. another member, and makes no representations about an individual member's chances of winning.
Prizes are generally cash amounts, which are paid to you through electronic third-party Payment Processors. The prizes offered in all tournaments will be disclosed at the beginning of such tournaments. If a tournament has to close prematurely, such as for maintenance or technical problems, the Shadow Gaming may attempt to reschedule, or process refunds if applicable. All tournaments will have their own tie breaker rules, and no random chance is involved with any Service.
The results and winners of each tournament offered on the Service will be determined by Shadow Gaming, and such determinations are final. By signing up, joining and/or participating in any tournament, you agree to be bound by these determinations.
The Service is not responsible for technical, hardware or software malfunctions, lost or unavailable network connections, disconnects from your game play on your pc, console or platform, or any incorrect or inaccurate results that may be posted on your online game. You may not: (a) gain unauthorized access to the Service's systems or any account (other than your own), interfere with the communications, procedures or performance of the Service or deliberately damage or undermine the Service; (b) affect the outcome of your online game play on your platform by means of or with the assistance of macros, bots, automated programs, screen analysis utilities, player collusion, any type of modifications, memory readers, telepathy, alien technology or similar methods or to otherwise commit fraud in relation to the Service; or (c) alter the human skill component of any game played on your platform. Any attempt to do so is a violation of both civil and criminal laws and will result not only in the termination of your user account and forfeiture of all winnings, bonuses, and incentives to which you would otherwise be entitled, but may potentially lead to criminal prosecution. Shadow Gaming in its sole discretion, reserves the right to terminate any person's account who is suspected of tampering with game results (or has directed or coordinated others to tamper with game results) for the tournament entered, or who otherwise violates these rules. Shadow Gaming reserves the right to seek legal enforcement to the greatest extent possible, including referral to criminal prosecution authorities.
First time offenders deemed to have knowingly violated the T&Cs may receive an initial warning along with a minimum penalty of a thirty (30) day account suspension. Repeat offenders will be deemed to be intentionally violating the T&Cs and will face a minimum six (6) month suspension for a second violation and permanent suspension for a third violation.
Match Result Disputes: Any and all match evidence must be sent to support within two (2) hours of the scheduled match start time. This two (2) hour review period will be used by site administrators to examine match evidence and to assign the win to the appropriate user. Any dispute that is filed without evidence will be considered invalid. If only one party submits evidence during this two (2) hour time frame the user that provides the evidence will be deemed the winner of the match, while the opposing user will receive a loss. If no evidence has been reported by either party within the two (2) hour time frame the match will be canceled or marked as incomplete. Once a match has been canceled and marked incomplete, the results are irreversible and cannot be adjusted. The Shadow Gaming Customer Support team has the sole discretion to ask users to provide additional evidence in order to determine the accurate winner. After thirty-six (36) hours all match results will be final with no undoing, cancelling, or re-assigning winners.
Unresolved matches: If a winner cannot be established from an investigation by the Shadow Gaming Customer Support team then the match will be canceled.
Claiming a false win: If a user claims a “win” in a match that was either not played, or not completed, or drawn, or lost, an automatic forfeit and suspension will be issued, following on the suspension guideline listed above.
Submitting false evidence: If a user submits “false evidence”; evidence that has previously been submitted or archived from a previous match, evidence that has been altered in any way, or false evidence that has been created, then that user will automatically forfeit the match and immediately face a suspension, based on the suspension guideline listed above.
Abusive behavior on platform: Any abusive, obscene, lewd, threatening or insulting behavior by a user towards Shadow Gaming Support staff or other players on the Service will result in their immediate suspension for an indefinite period of time as determined by Shadow Gaming Support staff. Sending multiple tickets associated with the same issue will result in disciplinary action following the suspension guideline.
Cheating: Any users who are caught cheating/boosting their statistics in any match related to the Service will be suspended, based on the suspension guideline listed above. If cheating or boosting of records occurs during any bracket, leaderboard, or other style tournament, the user will be immediately disqualified with no entry fee reimbursement.
Lagging and IP Booting: Users who are caught lagging/IP booting matches will face an automatic loss and suspension. The suspension penalty will follow the suspension guideline listed above. When disputing a lagging match, video evidence of the lag is required in order for your dispute to be validated. You must be able to provide video evidence that clearly identifies the exit of the match. When playing a match with a poor connectivity level, be sure to quit before either you or your opponent gain a significant advantage in the match. When a user disconnects from a match while their opponent has a significant advantage, the user who disconnected will receive an automatic loss. If the match is played and completed in its entirety, the results of the match will stand. The Shadow Gaming Customer Support team has the sole discretion to adjust end match results at any time.
When a member participates in a pay-to-enter game or tournament (a "Skill Game"), any entry fees for such Skill Game paid by the member represent a “Platform Fee” to Shadow Gaming made solely for facilities provided by the Site for the setting up and management of all Skill Games. By participating in a Skill Game and paying this fee to Shadow Gaming, each member acknowledges that these funds are held by Shadow Gaming for such Services and that the member grants an irrevocable authority to Shadow Gaming to pay the winner of the Skill Game the prize associated with such Skill Game.
Members should also be aware that the total entry fees paid by members in any given Skill Game are not paid out as prizes, as Shadow Gaming retains part of the entry fees paid as a service fee on all Skill Games played. This fee allows for the continued operation and maintenance of the Services and the development of additional features and content for the Services in the future. The cash prizes in each tournament represent an amount determined by Shadow Gaming in its absolute discretion and is subject to change without further notice to you.
Your winnings are awarded to you in their entirety, and all federal, provincial, state, and local taxes due in connection with any winnings awarded to you are your sole liability and responsibility. You may be required to submit winnings information for tax reporting purposes prior to being paid out.
Users under 18 may be required to submit a parental signature prior to receiving winnings.
For any account that has been dormant, Shadow Gaming reserves the right to assess a maintenance fee of $2.00 per month from the remaining balance on deposit. A dormant account is any account in which the member has not logged on to the Site in three consecutive months. The inactivity fee will commence on the day after becoming dormant until the player's balance is depleted to zero.
You hereby acknowledge and agree that:
• all references to dollars or "$" on the Site are references to U.S. dollars ("USD"), and all transactions (entry fees, refunds and prizes) will be denominated in USD unless otherwise expressly stated;
• as a result, if you make a payment to, or you receive a payment from, us in connection with your use of the Services, currency conversion may apply;
• for the purpose of allowing you to make a payment to or receive a payment from us, all currency conversions shall be executed by an exchange rate offered by your financial institution; and
• in every case, it is your responsibility to monitor and accept the exchange rate(s) offered and service charge(s) by your financial institution before proceeding with any transaction with the Site involving an exchange of currency.
IN EVERY CASE, AND WITHOUT LIMITING SECTION 10.1, SHADOW GAMING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO ANY CURRENCY CONVERSION IN CONNECTION WITH THIS SITE, INCLUDING WITH RESPECT TO ANY POSTED OR ACTUAL RATES, INCLUDING WITHOUT LIMITATION WITH RESPECT TO AUTHENTICITY, ACCURACY, COMPLETENESS, ERRORS, OMISSION, TYPOGRAPHIC ERRORS, DISRUPTION, DELAY, INTERRUPTION, FAILURE, DELETION, OR DEFECT IN CONNECTION WITH SUCH RATES, AND FURTHER EXPRESSLY DISCLAIMS ALL RESPONSIBILITY FOR ANY AND ALL LOSSES DUE TO CHANGES IN EXCHANGE RATES WHICH MAY OCCUR.
By signing up for an account and/or participating in any tournament or game offered on the Site, or using the Service, you acknowledge that all content included in the Service, including all Site design, text, graphics, photos, audio, video, the selection and arrangement thereof, and all software that forms part of the Service (collectively, the "Content") is owned or licensed by Shadow Gaming and/or its licensors. You agree to not modify, publish, participate in the transfer or sale of, create derivative works from, or in any way exploit the Content. Shadow Gaming neither warrants nor represents that your use of the Content will not infringe rights of third parties. While Shadow Gaming uses reasonable efforts to include accurate and up-to-date information, Shadow Gaming makes no warranties or representations as to the accuracy or completeness of any Content and assumes no liability or responsibility for any errors or omissions in the Content. The trademarks, logos, and service marks (collectively the "Trademarks") displayed and forming part of the Content, including the names of all games and tournaments, are registered and unregistered Trademarks of Shadow Gaming and/or others. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Trademarks displayed on the Site or Services without the written permission of Shadow Gaming or such third party that owns the Trademark displayed on the Site or Services. Your misuse of any Trademark displayed on the Site, or any other Content, except as provided in these T&Cs and applicable copyright, trademark, patent, or other intellectual property restrictions, is strictly prohibited. You are also advised that Shadow Gaming will aggressively enforce its intellectual property rights to the fullest extent of the law, including but not limited to, the active pursuit of civil litigation and referral for criminal and quasi-criminal prosecution where appropriate. You agree not to, without the express written consent of Shadow Gaming: reproduce, duplicate, copy, sell, resell, exploit for any commercial or non-commercial purpose any portion of the Service that you do not personally own. You may not use or authorize any party to co-brand any Service without the express written consent of Shadow Gaming.
Rules of Conduct:
• Shadow Gaming reserves the right to temporarily or permanently ban members who violate these rules of conduct, or who in any way abuse the community purpose of the chat areas of the Shadow Gaming Discord or other Services.
• Shadow Gaming reserves the right to remove any posts for any reason. Obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening and harassing language of any kind will not be tolerated.
• Impersonating other members is not allowed.
• Opinions or comments on the subject at hand are welcomed, but attacking (flaming) individuals, companies or products is not allowed
• Advertising or promotion of other companies or URLs is not allowed.
• Please limit posting to the subject of the Service's games, message board or Site.
• Do not share personal information (your name, phone number, home address, password) with others on the Service.
• No advertising of any kind is allowed in messages.
• No copyright materials are allowed in messages.
• Information disclosed in the Shadow Gaming Discord, message boards, or via eMessages becomes property of Shadow Gaming and is revealed to the public. Shadow Gaming is not responsible for any information you choose to disclose to others.
• Advanced fonts, Java, tables, HTML, or other programming codes or commands are not allowed in messages.
By signing up for an account and/or participating in any game or tournament offered on the Service or otherwise affiliated with Shadow Gaming, you agree to refrain from engaging in any behavior causing or likely to cause harm to or reflect negatively upon the brand, reputation, or goodwill of Shadow Gaming, including those of its affiliates, sponsors, and business partners. Members are expected to behave in a manner consistent with the Shadow Gaming Esports Code of Conduct available at Esports Code of Conduct, which includes, but is not limited to, standards of honesty, respect, equality, and fair play. Shadow Gaming reserves the right, in its sole and exclusive discretion, to monitor and evaluate any member’s past or present activity or online communications in assessing compliance with this Code of Conduct. In the event any member is found to be engaging, to have previously engaged, or is suspected to have engaged in behavior that is contrary to the rules, standards, and valued expressed herein, Shadow Gaming hereby reserves the right to suspend or terminate any member’s account, to block Service access, disqualify them from any tournament, void winnings, and in the event illegal activity is discovered, to disclose member information to law enforcement, and/or to commence legal action at the sole and exclusive discretion of Shadow Gaming.
While using the Service, and as a continuing condition of your use of the Site, you agree to comply with the Site's policy on feedback. Abuse of the Site's feedback system undermines the integrity of the feedback system and decreases trust within the community. Shadow Gaming is not legally responsible for the remarks that members post, even if those remarks are defamatory. However, this law does not protect the person who leaves the feedback, therefore the member would be responsible for it. There are limited occasions when Shadow Gaming will remove feedback comments.
Shadow Gaming will remove feedback ratings and comments if they meet the standard for feedback abuse or members mutually agree. Feedback that meets any of the circumstances below is feedback abuse and may be subject to removal:
• Shadow Gaming is provided with a court order finding that the feedback is libelous, slanderous, defamatory or otherwise illegal.
• The feedback comment contains profane, vulgar, obscene, or racist language or adult material.
• The feedback comment contains personal identifying information about another member, including real name, address, phone number, e-mail address, etc..
• The feedback comment contains links or scripts.
• Feedback left by members who are indefinitely suspended for certain policy violations or are in violation of the T&Cs.
If members suspect that feedback left for them is in violation of the Site's feedback policy and constitutes abuse, they are encouraged to email info@ShadowGamingTV.com to report this violation. Shadow Gaming will also offer the opportunity to members to withdraw feedback if both members mutually agree to the removal of a specified comment or feedback rating. Both members must email info@ShadowGamingTV.com.
Shadow Gaming prohibits any activity commonly referred to as "Spam". Members who are reported and whose claims of "Spam" are validated by Shadow Gaming will have their respective accounts either immediately TERMINATED or SUSPENDED, at the sole discretion of Shadow Gaming.
Additionally, any winnings (if any) may be voided at the sole discretion of Shadow Gaming. Shadow Gaming defines "Spam" as:
Electronic mail messages addressed to a recipient with whom the initiator does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient;
Messages posted that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated message boards or discussion threads, or posted in excessive volume; Solicitations posted to Discord rooms, or to groups or individuals via Internet Discord or "Instant Messaging" system (such as Skype), or the Shadow Gaming Discord; Shadow Gaming may undertake, at its sole discretion and with or without prior notice, the following enforcement actions:
Account Suspension: Upon the receipt of a credible and validated complaint, Shadow Gaming may also elect to immediately suspend the membership of the member implicated in the abuse. Suspension serves as a "Final" warning and will prevent the member from continuing their abusive "Spamming" behavior. Shadow Gaming will evaluate each validated abuse incident on a case-by-case basis and impose Termination or Suspension at its sole discretion, and may void any associated winnings. Shadow Gaming reserves the right to lift the suspension of a member at any time, at its sole discretion.
Account Termination: Upon the receipt of a credible and validated complaint, Shadow Gaming may immediately terminate the membership of the individual member implicated in the abuse and may void any associated winnings.
If you wish to report a violation of our Anti-Spam Policy, please forward all evidence of abuse to info@ShadowGamingTV.com Please refer responsibly.
You acknowledge that Shadow Gaming may establish general practices and limits regarding use of the Service including, without limitation, the maximum number of email messages which may be sent or received from an account of the Service, the maximum size of any email message that may be sent from or received by an account of the Service, the maximum amount of disk space that will be allotted on Shadow Gaming servers on your behalf, and the maximum number of times and duration for which you may access the Service in a given time. You agree that Shadow Gaming has no responsibility or liability for the deletion or failure to store or transmit any messages or communications or other content maintained or transmitted by the Service. You acknowledge and agree that Shadow Gaming reserves the right to log off accounts and deactivate usernames and accounts that are inactive for an extended period of time. You further acknowledge that Shadow Gaming has the right to modify these practices and limits from time to time.
Shadow Gaming Credits ("SG Credits") are loyalty reward tokens awarded to members in good standing at Shadow Gaming. Credits can be earned for completing a variety of member gaming and site activities. SG Credits may also be awarded as prizes for tournament results, as part of a promotion, or at the discretion of Shadow Gaming for any behavior deemed warranted at any time.
A member's Shadow Gaming Tokens balance will appear on their personal home page. Shadow Gaming Tokens have no monetary value and cannot be redeemed for cash. The Shadow Gaming Rewards program and member balances can be canceled at any time at the absolute discretion of Shadow Gaming.
Shadow Gaming reserves the right to terminate your account, limit or prohibit your participation in any game, tournament or Service.
By signing up for an account and/or participating in any tournament or game offered by the Site or using any other Service, you consent to allow Shadow Gaming to access your account information to investigate complaints or other allegations of abuse.
If applicable, all charged monies (entry fees), will be returned to the member. All winnings (if any) may be voided at the sole discretion of Shadow Gaming. Any person whose access has been suspended or terminated may not re-sign up for, or re-access, the Services without our prior written consent. You are responsible for everything that is done on or through your account while you are a member of the Site and Services.
As described in the Site Rules of Conduct, Shadow Gaming is committed to taking all necessary measures to prevent anything that gives a member an unfair advantage over another member. We are also committed to ensuring that the Shadow Gaming environment is an enjoyable place to work and play. We reserve the right to take immediate action in the event that we believe a member is failing to observe the terms of the Rules of Conduct.
As described below, if you are found to be violating the Shadow Gaming Rules of Conduct, we may suspend or revoke your account, void your scores, change your feedback and/or commence legal proceedings against you. Shadow Gaming may cooperate with legal authorities and third parties in the investigation of any suspected or alleged crime or civil wrong.
Shadow Gaming reserves the right, in its sole discretion, to take any or all of the steps described above if it determines, acting reasonably, that: (i) you have breached any term of these T&Cs; (ii) you are participating in any attempt to defraud Shadow Gaming or the Site through the use of Credit Cards or other methods of payment, regardless of the outcome; (iii) you have failed to honor legitimate charges or requests for payment, or you have 'charged back' or denied any of the purchases that you made to your Account; (iv) you are participating in any attempt to cheat another member through collusion or other techniques, regardless of the outcome; or (v) you become bankrupt or subject to analogous proceedings anywhere in the world.
For breaches of the T&Cs (including the Rules of Conduct) that are deemed by Shadow Gaming, in its sole discretion, to be unintentional or less serious, first time offenders may receive an initial warning and may have their Account suspended at the discretion of Shadow Gaming. Repeat offenders will be deemed to be intentionally violating the T&Cs.
The failure of Shadow Gaming to enforce at any time any of the provisions of these T&Cs, or the failure to require at any time performance by you of any of the provisions of these T&Cs, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of the Shadow Gaming to enforce each and every such provision thereafter. The express waiver by the Shadow Gaming of any provision, condition or requirement of these T&Cs shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
You are entitled to close your Account at any time by contacting Customer Support. Shadow Gaming will respond to your request within a reasonable time provided that you continue to assume responsibility for all activity on your Account until such closure has been effected by us. Shadow Gaming is entitled to terminate these T&Cs immediately on notice (or attempted notice) to you at the email address you have provided Shadow Gaming.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SHADOW GAMING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SHADOW GAMING MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (V) YOUR MESSAGES, DATA OR INFORMATION, IN WHATEVER FORM OR MEDIUM, WILL NOT BE LOST, AND (VI) ANY ERRORS WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SHADOW GAMING, OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE T&Cs. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, LIABILITY OF SHADOW GAMING WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. TO THE EXTENT THAT ANY PART OF THIS SECTION IS NOT CONSISTENT WITH ANY OTHER PART OF THE T&CS, THEN THIS DISCLAIMER OF WARRANTIES WILL OVERRIDE IT.
YOU AGREE THAT SHADOW GAMING AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SHADOW GAMING AND ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE; (II) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANYONE IN CONNECTION WITH THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS AND CONDITIONS, SHADOW GAMING AND ITS AFFILIATES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISE OUT OF OR IS ANY WAY CONNECTED TO YOUR USE OF THE SERVICE, LIABILITY OF SHADOW GAMING AND ITS AFFILIATES SHALL IN NO EVENT EXCEED THE GREATER OF (I) THE TOTAL OF ANY GAME OR SIMILAR FEES WITH RESPECT TO ANY SERVICE OR FEATURE OF THE SERVICES PAID IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST SHADOW GAMING AND ITS AFFILIATES, OR (II) US$100.00.
BY SIGNING UP FOR AND/OR PARTICIPATING IN ANY SERVICE OFFERED BY SHADOW GAMING, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS SHADOW GAMING NETWORK LP, ITS SUBSIDIARIES, AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, VENDORS, PARTNERS, CONTRACTORS, AGENTS, LICENSORS OR OTHER REPRESENTATIVES OF EACH OF THEM AND ALL THEIR SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE "INDEMNITEES") IN RESPECT OF ALL CLAIMS, COSTS (INCLUDING LEGAL FEES AND COSTS), DAMAGES, LIABILITIES AND EXPENSES OR OBLIGATIONS OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR MISUSE OF THE SERVICE (INCLUDING WITHOUT LIMITATION USE OF YOUR ACCOUNT, WHETHER OR NOT AUTHORIZED BY YOU). SHADOW GAMING RETAINS THE RIGHT TO ASSUME THE EXCLUSIVE DEFENCE AND CONTROL OF ANY CLAIM SUPPORTING INDEMNIFICATION, AND IN SUCH CASES YOU AGREE TO COOPERATE WITH US TO DEFEND ANY SUCH CLAIM. YOU WILL NOT SETTLE ANY CLAIM COVERED BY THIS SECTION 12 WITHOUT SHADOW GAMING'S PRIOR WRITTEN APPROVAL.
By signing up for an account and/or participating in any tournament or game offered on the Site or Service, you agree without limitation that Shadow Gaming is not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Service or your account. Any attempt to gain unauthorized access to the Service's systems or any account, interference with procedures or performance of the Site, or deliberately damaging or undermining the Service is subject to civil and/or criminal prosecution and will result in immediate termination of your account and forfeiture of any prizes to which you are otherwise entitled. Any attempt to participate in any tournament or game offered on the Service by means of automatic, macro, programmed, or similar methods, or to otherwise commit fraud with regard to the Service, will result in active pursuit of civil litigation and/or criminal prosecution, termination of your account, and forfeiture of all prizes to which you might otherwise be entitled.
We collect, use and are responsible for certain personal information about you. When we do so we are subject to various laws in the United States and 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.
"customer" means an individual who (a) has contacted us through any means to find out more about any Goods and/or Services we provide, or (b) may, or has, entered into a contract with us for the supply of any Goods and/or Services by us, (c) or otherwise interacted with us on at various events (such as martial arts events) that we organize and/or through the various online platforms that we maintain;
"personal data" means data, whether true or not, about a Customer who can be identified: (a) from that data; or (b) from that data and other information to which we have or are likely to have access’
"goods and/or services" means any and all goods and services which we currently provide to our Customers or business partners, including event ticketing, media, advertising, sponsorship sales, retail of athleisure apparel and other sports-related items, mobile and/or console games, and apps, as well as other goods and services which we may provide in future from time to time;
"Special Category Personal Information" means personal information revealing racial or ethnic origin, political opinions, religious beliefs, philosophical beliefs or trade union membership.
• Depending on the nature of your interaction with us, some examples of Personal Data which we may collect from you include name, residential address, email address, telephone number, nationality, gender, date of birth, marital status, employment information, financial information, age group, country of residence and hobbies and interests. We do not collect anything that would qualify as Special Category Personal Information.
COLLECTION, USE AND DISCLOSURE OF PERSONAL DATA
• We generally do not collect your Personal Data unless (a) it is provided to us voluntarily by you directly or via a third party who has been duly authorized by you to disclose your Personal Data to us (your "Authorized Representative") after (i) you (or your Authorized Representative) have been notified of the purposes for which the data is collected, and (ii) you (or your Authorized Representative) have provided written consent to the collection and usage of your Personal Data for those purposes, or (b) collection and use of Personal Data without consent is permitted or required by law. We shall seek your consent before collecting any additional Personal Data and before using your Personal Data for a purpose which has not been notified to you (except where permitted or authorized by law).
• We may collect and use your Personal Data for any or all of the following purposes: (a) performing obligations in the course of or in connection with our provision of the Goods and/or Services to you; (b) verifying your identity; (c) responding to, handling, and processing queries, requests, applications, complaints, and feedback from you; (d) managing your relationship with us; (e) processing payment or credit transactions; (f) complying with any applicable laws, regulations, codes of practice, guidelines, or rules, or to assist in law enforcement and investigations conducted by any governmental and/or regulatory authority; (g) transmitting to any unaffiliated third parties including our third-party service providers and agents, and relevant governmental and/or regulatory authorities, whether in United States (USA) or abroad, for the aforementioned purposes; (h) any other incidental business purposes related to or in connection with the above; (i) to develop, test and improve our Goods and/or Services, including by conducting surveys and research, and testing and troubleshooting new products and
features; (j) to send you marketing and promotional communications (including that of our business partners and sponsors), communicate with you about our Goods and/or Services, surveys and let you know about our policies and terms.
We also use your information to respond to you when you contact us; (k) where applicable, to administer the award and grant of prizes in surveys or other non-commercial competitions that we may run from time to time; (l) any other purposes for which you have provided the information; and (m) use and share your Personal Data with our affiliates globally, including GGtoor Inc., for the purposes set out in this Section 4, including to send you marketing and promotional on the Goods and/or Services, offered by our affiliates. You have the right to opt out of receiving promotional communications at any time by:
• Contacting us at [contact details for marketing opt-out];
• Using the “unsubscribe” link in emails or “STOP” number in texts; or
• [updating your marketing preferences on our [link to preference center]].
We may ask you to confirm or update your marketing preferences if you instruct us to provide further [products AND/OR services] in the future, or if there are changes in the law, regulation, or the structure of our business.
We only allow our third-party service providers to handle your personal information if we are satisfied they take appropriate measures to protect your personal information. When possible, we also impose contractual obligations on service providers relating to ensure they can only use your personal information to provide services to us and to you.
We may also need to share some personal information with other parties, such as potential buyers of some or all of our business or during a re-structuring. We will typically anonymize information, but this may not always be possible. The recipient of the information will be bound by confidentiality obligations.
We have not sold or disclosed to a third party any Personal Data that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Customer or household.
• The purposes listed in the above clauses may continue to apply even in situations where your relationship with us (for example, our commercial, business and/or employment relationship has come to an end) has been terminated or altered in any way, for a reasonable period thereafter (including, where applicable, a period to enable us to enforce our rights under a contract with you).
7. The consent that you provide for the collection, use and disclosure of your Personal Data will remain valid until such time it is being withdrawn by you inwriting. You may withdraw consent and request us to stop collecting, using and/or disclosing your Personal Data for any or all of the purposes listed above by submitting your request in writing or via email to our Data Protection Officer at the contact details provided below.
8. Upon receipt of your written request to withdraw your consent, we may require reasonable time (depending on the complexity of the request and its impact on our relationship with you) for your request to be processed and for us to notify you of the consequences of us acceding to the same, including any legal consequences which may affect your rights and liabilities to us. In general, we shall seek to process your request within ten (10) business days of receiving it. We may need to maintain some Personal Data to fulfil our legal or regulatory obligations or to show that we have treated you fairly. We will not retain your personal information for longer than necessary for the purposes set out in this policy. Different retention periods apply for different types of personal information.
9. Whilst we respect your decision to withdraw your consent, please note that depending on the nature and scope of your request, we may not be in a position to continue providing our Goods and/or Services to you and we shall, in such circumstances, notify you before completing the processing of your request. Should you decide to cancel your withdrawal of consent, please inform us in writing in the manner described in clause 7 above.
10. Please note that withdrawing consent does not affect our right to continue to collect, use and disclose Personal Data where such collection, use and disclose without consent is permitted or required under applicable laws.
11. If you wish to make (a) an access request for access to a copy of the Personal Data which we hold about you or information about the ways in which we use or disclose your Personal Data, or (b) a correction request to correct or update any of your Personal Data which we hold about you, you may submit your request in writing or via email to our Data Protection Officer at the contact details provided below.
12. Please note that when permissible by law, a reasonable fee may be charged for an access request. If so, we will inform you of the fee before processing your request.
13. We will respond to your request as soon as reasonably possible. In general, our response will be within twenty-one (21) days. Should we not be able to respond to your request within thirty (30) days after receiving your request, we will inform you in writing within thirty (30) days of the time by which we will be able to respond to your request. If we are unable to provide you with any Personal Data or to make a correction requested by you, we shall generally inform you of the reasons why we are unable to do so (except where we are not required to do so by law).
14. To safeguard your Personal Data from unauthorized access, collection, use, disclosure, copying, modification, disposal or similar risks, we have introduced appropriate administrative, physical and technical measures such as up-to-date antivirus protection, encryption, use of privacy filters, and disclosing Personal Data both internally and to our authorized third-party service providers and agents only on a need-to-know basis, and other measures introduced from time to time as appropriate. Some of these third parties may be based outside the European Economic Area. For more information, including on how we safeguard your personal information when this occurs, see below: “Transferring Your Personal Information Out of the EEA”.
15. To deliver services to you, it is sometimes necessary for us to share your personal information outside the European Economic Area (EEA), e.g.:
• With our offices outside the EEA;
• With your and our service providers located outside the EEA;
• If you are based outside the EEA; or
• Where there is an international dimension to the services we are providing to you.
These transfers are subject to special rules under European and UK data protection law.
If you would like further information, please contact our Data Protection Officer below.
16. You should be aware, however, that no method of transmission over the internet or method of electronic storage is completely secure. While security cannot be guaranteed, we strive to protect the security of your information and are constantly reviewing and enhancing our information security measures.
17. Your Rights Under the GDPR.
Right to Access
The right to be provided with a copy of your personal information (the right of access)
Right to Rectification
The right to require us to correct any mistakes in your personal information
Right to be Forgotten
The right to require us to delete your personal information—in certain situations
Right to Restriction of Processing
The right to require us to restrict processing of your personal information—in certain circumstances, e.g. if you contest the accuracy of the data
Right to Data Portability
The right to receive the personal information you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party—in certain situations
Right to Object
The right to object:
—at any time to your personal information being processed for direct marketing (including profiling);
—in certain other situations to our continued processing of your personal information, e.g. processing carried out for the purpose of our legitimate interests.
Right Not to be Subject to Automated Individual Decision-Making
The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you
• For further information on each of those rights, including the circumstances in which they apply, see the guidance from the UK Information Commissioner's Office (ICO) on individual rights under the General Data Protection Regulation.
18. You have the right under the California Consumer Privacy Act of 2018 (CCPA) and certain other privacy and data protection laws, as applicable, to exercise free of charge:
Disclosure of Personal Information We Collect About You
You have the right to know:
• The categories of personal information we have collected about you;
• The categories of sources from which the personal information is collected;
• Our business or commercial purpose for collecting or selling personal information;
• The categories of third parties with whom we share personal information, if any; and
• The specific pieces of personal information we have collected about you.
Please note that we are not required to:
• Retain any personal information about you that was collected for a single one-time transaction if, in the ordinary course of business, that information about you is not retained;
• Reidentify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered personal information; or
• Provide the personal information to you more than twice in a 12-month period.
Personal Information Sold or Used for a Business Purpose
In connection with any personal information we may sell or disclose to a third party for a business purpose, you have the right to know:
• The categories of personal information about you that we sold and the categories of third parties to whom the personal information was sold; and
• The categories of personal information that we disclosed about you for a business purpose.
You have the right under the California Consumer Privacy Act of 2018 (CCPA) and certain other privacy and data protection laws, as applicable, to opt-out of the sale [or disclosure] of your personal information. If you exercise your right to opt-out of the sale [or disclosure] of your personal information, we will refrain from selling your personal information, unless you subsequently provide express authorization for the sale of your personal information. To opt-out of the sale [or disclosure] of your personal information, visit our homepage and click on the Do Not Sell My Personal Information link here: [URL].
Right to Deletion
Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:
• Delete your personal information from our records; and
• Direct any service providers to delete your personal information from their records.
Please note that we may not delete your personal information if it is necessary to:
• Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and 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 his or her right of free speech, or exercise another right provided for by law;
• Comply with the California Electronic Communications Privacy Act;
• 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 our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
• Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
• Comply with an existing legal obligation; or
• Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
Protection Against Discrimination
the CCPA. This means we cannot, among other things:
• Deny goods or services to you;
• Charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
• Provide a different level or quality of goods or services to you; or
• Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
Please note that we may charge a different price or rate or provide a different level or quality of [goods and/or services] to you, if that difference is reasonably related to the value provided to our business by your personal information.
19. We generally rely on Personal Data provided by you (or your Authorized Representative). In order to ensure that your Personal Data is current, complete and accurate, please update us if there are changes to your Personal Data by informing our Data Protection Officer in writing or via email at the contact details provided below.
20. We may retain your Personal Data for as long as it is necessary to fulfill the purpose for which it was collected, or as required or permitted by applicable laws.
21. We will cease to retain your Personal Data, or remove the means by which the data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purpose for which the Personal Data was collected, and is no longer necessary for legal or business purposes.
Name of DPO: Miguel Munoz
Email Address: firstname.lastname@example.org
Please note that you may only make a CCPA-related data access or data portability disclosure request twice within a 12-month period.
If you choose to contact directly by [website/email/phone/in writing], you will need to provide us with:
• Enough information to identify you (e.g., your full name, address and customer or matter reference number);
• Proof of your identity and address (e.g., a copy of your driving license or passport and a recent utility or credit card bill); and
• A description of what right you want to exercise and the information to which your request relates.
We are not obligated to make a data access or data portability disclosure if we cannot verify that the person making the request is the person about whom we collected information, or is someone authorized to act on such person’s behalf.
Any personal information we collect from you to verify your identity in connection with you request will be used solely for the purposes of verification.
We hope that our Data Protection Officer can resolve any query or concern you raise about our use of your information.
The General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority, in the European Union (or European Economic Area) state where you work, normally live, or where any alleged infringement of data protection laws occurred.