BACKGROUND:

1.1 In this Policy, the following terms shall have the following meanings:

2.1 Our Site is owned and operated by Keymailer Ltd, a limited company registered in England under company number 09569579 , whose registered address is 10 Broad Street, Bath, BA1 5LJ, United Kingdom .

2.2 Our VAT number is GB212198823 .

2.3 Our Data Protection Officer is Jamie Ridyard, and can be contacted by email at [email protected] , or by post at 10 Broad Street, Bath, BA1 5LJ, United Kingdom

3.1 What Does This Policy Cover? This Privacy Policy applies only to your use of Our Site. Our Site may contain links to other websites. Please note that We have no control over how your data is collected, stored, or used by other websites and We advise you to check the privacy policies of any such websites before providing any data to them.

3.2 What is Personal Data? Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’. Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.

4.1 As a data subject, you have the following rights under the GDPR, which this Policy and Our use of personal data have been designed to uphold:

4.1.1 The right to be informed about Our collection and use of personal data;

4.1.2 The right of access to the personal data We hold about you (see section 1 1 );

4.1.3 The right to rectification if any personal data We hold about you is inaccurate or incomplete (please use the controls in the Edit Settings of the Website, or  contact Us using the details in section 13);

4.1.4 The right to be forgotten – i.e. the right to ask Us to delete any personal data We hold about you ( If you would like Us to delete  your data , please use the Delete Account controls in Edit Settings section of the Website );

4.1.5The right to restrict (i.e. prevent) the processing of your personal data;

4.1.6 The right to data portability (obtaining a copy of your personal data to re-use with another service or organisation);

4.1.7 The right to object to Us using your personal data for particular purposes; and

4.1.8 Rights with respect to automated decision making and profiling.

4.2 If you have any cause for complaint about Our use of your personal data, please contact Us using the details provided in section 1 3  and We will do Our best to solve the problem for you.

Depending upon your use of Our Site, We may collect some or all of the following personal and non-personal data:

5.1 name, date of birth , business/company name , contact information such as email addresses and telephone numbers, post code, and other information in your Account Settings page;  

5.2 preferences, and interests, and other information in your Profile Settings page ;

5.3 financial information such as PayPal  address, preferred currency, quoted work rate, and other information in your Sponsorship Settings page ;

5.4 broadcasting, streaming and blogging information such as delegated authorisation (typically by linking Your account with oAuth)  and the information retrieved from those services You grant Us access to in your Video Channel Settings page;

5.5 social network information such as delegated authorisation (typically by linking Your account with oAuth)  and the information retrieved from those services You grant Us access to in your Social Networks Settings page;

5.6 gaming information such as delegated authorisation (typically by linking Your account with oAuth)  and the information retrieved from those services You grant Us access to in your Gaming Platforms Settings and Mobile Gaming Settings pages;

5.7 site analytics information such as delegated logins and the information retrieved from those services You grant Us access to in your Blogging Settings page;

5.8 IP address;

5.9 web browser type and version;

5.10 operating system;

5.11 a list of URLs starting with a referring site, your activity on Our Site, and the site you exit to;

5.12 third party online accounts linked and authorised by the User to the Website

6.1 All personal data is processed and stored securely, for no longer than is necessary in light of the reasons for which it was first collected. We will comply with Our obligations and safeguard your rights under GDPR   at all times. For more details on security see section 7, below.

6.2 Our use of your personal data will always have a lawful basis, either because it is necessary for Our performance of a contract with you, because you have consented to Our use of your personal data (e.g. by subscribing to emails), or because it is in Our legitimate interests. Specifically, We may use your data for the following purposes:

6.2.1 Providing and managing your Account;

6.2.2 Providing and managing your access to Our Site;

6.2.3 Personalising and tailoring your experience on Our Site;

6.2.4 Supplying Our services  to you (please note that We require your personal data in order to enter into a contract with you);

6.2.5 Personalising and tailoring Our services for you;

6.2.6 Relaying your requests to Our clients, the “Brands”, typically game publishers, developers, and agencies;

6.2.7 Creating analytics, rankings, scores, etc, by deriving, transforming, aggregating and/or anonymising your Data (Such irreversibly  transformed data is not Your Data and is the property of Keymailer Ltd) in order to:

a) represent your interests  to Our clients (and prospective clients), but without relaying Your private data to them, in order to provide Our services to You;

b) protect Our clients  (and prospective clients) interests, but without relaying Your private data to them, in order to provide Our services to You;

c) provide You with insight  into how those analytics, rankings, scores, etc, relate to You, so you may improve your performance in those rankings;

d) share those analytics, rankings, scores, etc, with mass media  outlets, researchers, and special interest groups, in order to further the understanding of the dynamics of the market and the community;

6.2.8 Replying to emails from you;

6.2.9 Supplying you with emails and other communications that you have agreed to receive   when you accepted the Website Terms and Conditions (and which form the  fundament al processes of the Website, and which you may only unsubscribe or opt-out form by deleting your Account in your  Account settings page);

6.2.10 Market research;

6.2.11 Analysing your use of Our Site and gathering feedback to enable Us to continually improve Our Site and your user experience;

6.3 With your permission and/or where permitted by law, We may also use your data for marketing purposes which may include contacting you by email and other means   with information, news and offers on Our services, to the  extent these are not already covered by Our Terms and Conditions of Service, which includes our contacting you with offers from our Clients, and which forms the fundamental purpose of the Website . We will take all reasonable steps to ensure that We fully protect your rights and comply with Our obligations under GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003.

6.4 Third parties whose content appears on Our Site or who provide services to the Site may use third party Cookies, as detailed below in Sections 12 and 15 . Please refer to section 12  for more information on controlling Cookies. Please note that We do not control the activities of such third parties, nor the data they collect and use and advise you to check the privacy policies of any such third parties.

6.5 You have the right to withdraw your consent to Us using your personal data at any time, and to request that We delete it.

6.6 We do not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Data will therefore be retained for the following periods (or its retention will be determined on the following basis):

6.6.1 all Your data will be retained as long as you have an Account on the Site ;

7.1 We only keep your personal data for as long as We need to in order to use it as described above in section 6, and/or for as long as We have your permission to keep it.

7.2 Some or all of your data may be stored outside of the European Economic Area (“the EEA”) (The EEA consists of all EU member states, plus Norway, Iceland, and Liechtenstein). You are deemed to accept and agree to this by using Our Site and submitting information to Us. If We do store data outside the EEA, We will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the UK and under the GDPR .

7.3 Data security is of great importance to Us and to protect your Data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure Data collected via this Website compliant and in-keeping with current GDPR guidelines. Steps We take to secure and protect your data include:

7.3.1 Data Security Plans

7.3.2 Data Breach Plans

7.3.3 Data Backup Plans

7.3.4 Data Deletion and Anonymisation Plans

7.3.5 Data Audit Schedules

7.3.6 Director Responsible for Data Security

8.1 We may share your data with other companies in Our group . This includes Our holding company and its subsidiaries, if any.

8.2 We regularly contract with third parties to supply products and services to you on Our and Your behalf. These normally  include provision of games, affiliate links, sponsorship offers, accessories, ‘Real Stuff’, event access, and may also include payment processing, delivery of goods, search engine facilities, advertising, and marketing. In all cases, the third parties may require access to some of your data. Where any of your data is required for such a purpose, We will take all reasonable steps to ensure that your data will be handled safely, securely, where possible anonymously and in accordance with your rights, Our obligations, and the obligations of the third party under the law. In no cases will any third party gain direct access t o your private broadcasting data, as set out in the Terms and Conditions .

8.3 We may compile statistics about the use of Our Site including data on traffic, usage patterns, user numbers, sales, and other information. Most  data will be anonymised and will not include any personally identifying data, or any anonymised data that can be combined with other data and used to identify you.  We may from time to time share such data with third parties such as prospective investors, affiliates, partners, and advertisers. Data will only be shared and used within the bounds of the law.

8.4 We may sometimes use third party data processors that are located outside of the European Economic Area (“the EEA”) (The EEA consists of all EU member states, plus Norway, Iceland, and Liechtenstein). Where We transfer any personal data outside the EEA, We will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the UK and under the GDPR

8.5 In certain circumstances, We may be legally required to share certain data held by Us, which may include your personal data, for example, where We are involved in legal proceedings, where We are complying with legal requirements, a court order, or a governmental authority.

9.1 We may, from time to time, expand or reduce Our business and this may involve the sale and/or the transfer of control of all or part of Our business. Any personal data that you have provided will, where it is relevant to any part of Our business that is being transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Privacy Policy, be permitted to use that data only for the same purposes for which it was originally collected by Us.

9.2 In the event that any of your data is to be transferred in such a manner, you will not be contacted in advance and informed of the changes.

10.1 T o use Our Site you  are  required to submit or allow for the collection of certain data.

10.2 You may restrict Our use of Cookies. For more information, see section 1 2  and  these notes on controlling cookies   https://www.keymailer.co/cookies .

11.1 If you want to know what personal data we have about you, you can ask for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.

11.2 All subject access requests should be made in writing and sent to the postal addresses shown in Part 13.

11.3 There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover administrative costs in responding.

11.4 We   will respond to your subject access request within under one month of receiving it. Normally,   we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept fully informed of our progress.

12.1 Our Site may place and access certain first party Cookies on your computer or device. First party Cookies are those placed directly by Us and are used only by Us. We use Cookies to facilitate and improve your experience of Our Site and to provide and improve Our products   and   services.

12.2 By using Our Site you may also receive certain third party Cookies on your computer or device. Third party Cookies are those placed by websites, services, and/or parties other than Us.

a) Third party Cookies are used on Our Site for   advertising services.

b) In addition, Our Site uses analytics services provided by Google Analytics , which also use Cookies. Website analytics refers to a set of tools used to collect and analyse usage statistics, enabling Us to better understand how people use Our Site.

12.3 Policies relating to third- party cookies are listed in Section 15.

12.4 You can control access to some Third-Party Cookies using the cookie management panel in your Privacy Settings window https://www.keymailer.co/g/profile/edit/privacy

If you have any questions about Our Site or this Privacy Policy, please contact Us by email at [email protected] , or by post at 10 Broad Street, Bath, BA1 5LJ, United Kingdom . Please ensure that your query is clear, particularly if it is a request for information about the data We hold about you (as under section 12, above).

We may change this Privacy Policy from time to time (for example, if the law changes). Any changes will be immediately posted on Our Site and you will be deemed to have accepted the terms of the Privacy Policy on your first use of Our Site following the alterations. We recommend that you check this page regularly to keep up-to-date.

15.1 By using this site You are bound by these Third Party Policies:

a) Microsoft Privacy Policy: https://privacy.microsoft.com/en-us/privacystatement

b) Xsolla Privacy Policy: https://xsolla.com/privacypolicy

c) We use Google Analytics to analyse the use of our website. Google Analytics gathers information about our website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website. Google’s privacy policy is available at: https://www.google.com/policies/privacy/.

d) Google’s Privacy Policy: https:/www.google.com/policies/privacy

e) Google’s security settings: https://security.google.com/settings/security/permissions

f) YouTube Terms of Service: https://www.youtube.com/t/terms

g) We use YouTube API Services, to access and collect data. Data collection is described in section 5. Data usage is described in section 6. Data storage is described in section 7. How data is shared is described in section 8. Data accessed and collected is as follows: channel nickname, creation date, count of subscribers and videos, video and livestream titles, descriptions, thumbnails, tags, dates published, views, watch time and likes.

h) We use Comscore to analyse the use of our website. Comscore gathers information about our website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website. Comscore’s privacy policy is available at https://www.comscore.com/About-comScore/Privacy-Policy.

15.2 All other provisions of this agreement will continue to apply. In the event that this Policy contradicts any of the policies below, this policy will prevail.