GENERAL PERSONAL DATA PROTECTION POLICY
Focus Entertainment – Entry into effect of the last update: May 15th, 2022
INTRODUCTION
Focus Entertainment (hereafter “We” or “our”) considers the protection of your personal information and data (hereafter “Data” or “your Data”) and the respect of your privacy to be of crucial importance. You will find in this General Personal Data Protection Policy (hereafter the “Policy” or “GDPP”) all the relevant and transparent information regarding collection, usage, sharing, transfer and protection of your Data in relation to the use of our games, products and services.
DATA CONTROLLER
FOCUS ENTERTAINMENT, SA, registered in France under n° 399 856 277 at the PARIS Commercial Registry, headquartered at Parc du Pont de Flandre, Bâtiment 28 “Le Beauvaisis”, 11 rue de Cambrai, 75019 PARIS (France), is the data controller of your Data as further described in this Policy.
KEY INFORMATION
We collect some of your Data through our video games and/or Focus Entertainment website, notably to allow you to:
- Benefit from the products and services you have requested;
- Create and use your Focus Entertainment User Account;
- Sign up to our Newsletter, forums, and sweepstakes;
- Take part in testing our games;
- Receive promotional and commercial offers if you have given your consent; and
- Apply to our job and internship offers.
We mostly collect identification data and information regarding your use of our services (such as your email address, your name, your pseudonym, your password, your IP address). The categories of information that we collect in connection with your use of our games, products and services, as well as the related purposes and legal bases, are described in the table in section 3 of this Policy.
You have right of access, rectification and deletion of your Data, the right to limit their processing, right to object to the processing, and right to portability. You can exercise these rights at any time by contacting our Data Protection Officer (DPO) at the following address personaldata@focusent.com. If after having contacted us, you feel your data protection rights have not been respected, you have the right to lodge a claim with the competent supervisory authority, such as the French Data Protection Authority (Commission Nationale de l’Informatique et des Libertés). When the processing of your data is based on your consent, you have the right to withdraw your consent at any time. For further information concerning your data protection rights, please read section 5 of this Policy.
MINORS / AGE GATE
Minors below 18 years old are not allowed to subscribe to, purchase and/or use Focus Entertainment products and services. We will verify your age by asking you to enter your date of birth through a dedicated age-gate pop-up window displayed before accessing our website. If you are below 18 years old, you will not be able to access the Focus Entertainment Store pages nor to register a Focus Entertainment user account.
We do not collect Data of minors aged under 18. If we realize that we have mistakenly collected Data concerning a minor aged under 18, we will delete all relevant Data (see section 9 of this GDPP).
CONTACT
If you have any questions, concerns or claims regarding this Policy or the processing of your Data, you can contact us:
- by using the dedicated data subjects rights form, also available at the bottom of each page of our website;
- by sending an email to our Data Protection Officer (DPO) at the following address: personaldata@focusent.com;
- by mail at the following address: Focus Entertainment, Parc du Pont de Flandre, Bâtiment 28 “Le Beauvaisis”, 11 rue de Cambrai, 75019 PARIS, FRANCE.
SUMMARY
- Data is being collected?
- How is your Data collected?
- For what purposes and on what basis does Focus Entertainment process your Data?
- With whom does Focus Entertainment share your Data?
- What are your rights and how can you exercise them?
- How does Focus Entertainment store your Data?
- Transfer of your Data outside of the European Economic Area
- How does Focus Entertainment protect your Data?
- Minors
- Hyperlinks to other websites
- Modification and update of the GDPP
1. What Data is being collected?
We collect certain Data through our video games or website to offer you the best possible experience when using our products and services, but also for marketing purposes with your prior consent. We mostly collect identification information and data related to the use of our products, services and website. When recruiting our staff, we only collect information relating to the professional profile that the candidate wishes to share with us.
The categories of Data that we collect in connection to your use of our services, or our staff recruitment, as well as the corresponding purposes and legal bases, are described in the table in Section 3 of this Policy.
We only collect Data strictly necessary for our games, the services linked to our games or, where appropriate, Data that is strictly necessary to conduct our recruitment process.
Whether the data collected directly by Focus Entertainment is mandatory or optional is indicated during collection, using an asterisk. If you refuse to give any of the mandatory information, you will not be able to benefit from all or part of the proposed services.
2. How is your Data collected?
Directly when:
- You enter your date of birth through the age gate for age verification purposes;
- You create, complete and use your Focus Entertainment User Account;
- You sign up to the newsletter, to the forums, to the sweepstakes or to the testing of our games (“Betas and Playtests”); and
- You apply for one of the jobs proposed on our website.
(See Section 3 below)
Indirectly via:
- The use of cookies and other trackers (See our Cookies Policy available here);
- The purchase of our products on the Focus Entertainment Store operated by our reseller partner;
- Third-party distributors and partners when you have expressly consented to giving your email address for commercial purposes, reception of newsletters and promotional materials;
- Our staff recruitment providers; and
- Your access to, or use of, some of our games and services available on social networks or other third-party platforms and websites (hereinafter collectively the “Third-Party Websites”).
Please note that this GDPP does not apply to data processing independently implemented by Third-Party Websites, and that we do not control their respective data privacy practices. We recommend that you take careful note of the privacy policies available on each Third-Party Website, particularly the provisions relating to the sharing of your Data.
Focus Entertainment will process any Data received indirectly according to the conditions set out under this Policy.
3. For what purposes and on what basis does Focus Entertainment process your Data?
| PROCESSING | DATA SUBJECTS | CATEGORIES OF DATA | PURPOSE(S) OF PROCESSING | LEGAL BASIS FOR PROCESSING |
| Age gate |
|
Date of birth | To verify if you are 18 years old or older | Legal obligation: To not offer certain types of products and services to children under 18 |
| Applications/staff recruitment | Candidates |
|
To manage the collection and processing of job applications and interviews | Steps prior to entering into a contract: To proceed with the recruitment process for the purpose of concluding a contract (employment contract, internship agreement) |
| To constitute a CV-bank | Legitimate interest: To implement our recruitment policy | |||
| Online services / Focus Entertainment User Account |
|
|
|
Performance of the End User License Agreement |
| To ensure the safety of your Data | Legal obligation: To take technical and organizational measures ensuring the integrity and confidentiality of Data | |||
| Customer service for products sold in the Focus Entertainment Store | Clients of the Focus Entertainment Store |
|
To manage our after-sales service regarding Focus products bought from the Focus Entertainment Store
It is herein reminded that the Focus Entertainment Store is managed by our retail partner. Regarding the protection of your Data by this partner, you may refer to the documentation available online on the Focus Entertainment Store. |
Performance of the End User License Agreement |
| Focus Entertainment forums |
|
|
To sign up and interact on the Focus Entertainment forums (“Focus Entertainment Forums Account”) | Performance of the contract: Following the terms and conditions you accepted when creating your Focus Entertainment Forums Account |
| To ensure the proper functioning of the Focus Entertainment forums | Legitimate interest: To prevent fraud and illegitimate use of the services | |||
| Betas and Playtests |
|
|
To sign up to and take part in testing phases of video games published by Focus Entertainment | Execution of precontractual measures |
| Date of birth | To ensure the correct execution and monitoring of testing phases | Performance of the contract | ||
| To verify you are 15 years old or older when participating in playtests of videogames edited by Focus Entertainment | Legal obligation: To prevent processing data concerning a minor without consent or parental permission | |||
| Focus Entertainment Marketing |
|
|
|
Your consent* |
| To carry out surveys and statistical analyses allowing us to better understand our community of players and its preferences | Legitimate interest: To develop new features, new products and services, in an effort to continuously improve and adapt to our community | |||
| Third-party / Focus Entertainment partners’ marketing |
|
|
|
Your consent* |
| Moderation |
|
|
To verify compliance of the content with the online services restrictions/code of conduct as set out under the End User License Agreement | Performance of the End User License Agreement |
| To moderate user content, manage and/or remove any inappropriate, illicit, or illegal content | Legal obligation: To prevent the illicit use of the services, remedy any illicit situation within the legal deadlines imposed on editors | |||
| To detect and prevent abuse or inappropriate use of the services provided by Focus Entertainment | Legitimate interest: To prevent fraud or illegitimate use of the services | |||
| Requests from authorities and other authorized third-parties | Any person subject to a request |
|
To answer requests submitted by the authorized third-parties: judicial or administrative authorities, police services, etc.
To learn more about authorized third-parties, you can refer to the documentation provided by the CNIL. |
Legal obligation: To answer requests from the competent authorities in respect of the applicable rules and procedures |
| Sharing data as part of M&A operations | Executives, associates and any person acting under the authority of Focus Entertainment partners and prospects |
|
To conduct and implement corporate operations such as, but not limited to, restructuring, change of control, merger, acquisition, sale, dissolution, as the case may be | Legitimate interest: To diversify, develop and/or extend the activities of Focus Entertainment |
| Security analyses |
|
Data about your use of the services (logs, connection history, IP address, country and language preferences) | To guarantee and control the efficiency and availability of provided services | Legitimate interest: To control and solve problems linked to the provided services and improve regularly the services |
| To ensure the security of Focus Entertainment’s information systems | Legal obligation: To maintain an appropriate level of security | |||
| Statistical analyses |
|
|
To analyze the use of the products, the services, the Focus Entertainment website and the Focus Entertainment Store to improve them | Legitimate interest: To develop new features, new products and services, in an effort to continuously improve and adapt to our community |
| Sweepstakes |
|
|
To undertake, manage and monitor commercial prospecting actions (sweepstakes, promotional operations) | Legitimate interest: To diversify, develop and increase the Focus players community |
| To send information on sweepstakes and events organized by Focus Entertainment | Your consent* | |||
| In-game tools and technologies |
|
|
To enhance our games, gaming experience, online services and provide technical support | Performance of the End User License Agreement |
| Cookies and other tags |
|
Personal data and statistics obtained via cookies configuration as well as analysis pixels (also called “web beacons”): unique cookie identifier, IP address, terminal identifier, terminal type, network types, country and language preferences, etc. |
|
Your consent*
It is herein reminded that you can modify your preferences at any time via the cookies settings accessible at the bottom left hand corner of your screen. For more information on cookies, you can consult our Cookies policy |
| To enhance the performance of the Focus Entertainment website | Legitimate interest: To maintain an appropriate security level while developing new features | |||
| Management of partnerships and contractual relationships |
|
|
To undertake commercial prospecting actions (B2B): sending communications and promotional or commercial content | Legitimate interest: To diversify and develop our partnerships and sustain our commercial relationships and partnerships |
| To manage and monitor the execution of the missions entrusted to partners, studios, providers, suppliers or influencers | Performance of the contract (when you are a party to this contract) OR Legitimate interest (when you are not a party to the contract, for example if you are an employee of a supplier): To ensure proper performance of the missions and monitor the services |
|||
| Management of requests to exercise rights | Any person submitting a request |
|
To manage and monitor requests received to exercise rights and ensure their effective processing | Legal obligation: To answer requests made by data subjects, in application of the GDPR and the French “Loi Informatique et Libertés” |
* For every processing based on your consent, you are informed that you can withdraw your consent at any moment, free of charge. For example, you can withdraw your consent for commercial/marketing communications by Focus Entertainment or our partners by clicking at any time on the “Unsubscribe” link provided in each email, by disabling the corresponding box in the preferences of your Focus Entertainment user account if you have one, or by contacting us by following the procedure described in Section 5 of this Policy.
4. With whom does Focus Entertainment share your Data?
Communication of your Data with our providers and suppliers
As a video game publisher, we can communicate and/or share some collected Data with our development studios, our technical and IT providers, our recruitment agencies and providers or our suppliers. Where applicable, communication and/or sharing of Data is made for technical and operational purposes, to allow us to offer you quality games, to provide you with requested services, or to ensure effective recruitment.
In any case, we set up the contractual and organizational measures necessary to ensure that the processing of your Data by these third-party providers is strictly limited to the purposes defined in this GDPP, and to ensure the confidentiality and security of your Data.
Communication of your Data with our commercial partners
Subject to your prior consent obtained on the sign-up page of the Focus Entertainment website, we share your email address with trusted partners — whose identity will be specifically mentioned on the consent form — so they can send you promotional offers and other marketing materials.
Please note that this GDPP does not apply to processing activities carried out by these trusted partners, acting as independent data controllers. We recommend that you take careful note of the privacy policies of these trusted partners.
5. What are your rights and how can you exercise them?
You have all of the following rights over the Data we collect and process:
- Right to access your Data: you have the right to obtain (i) confirmation that your Data is or isn’t processed; and where that is the case, (ii) access to this Data, and (iii) a copy of any Data processed by Focus Entertainment;
- Right to request modification, update or rectification of your Data when you consider it is wrong, inaccurate or incomplete;
- Right to request deletion of your Data for reasons provided by the applicable law and particularly when:
- The personal Data is no longer necessary for the purposes for which it was collected or processed;
- You withdraw your consent on which the processing was based, and there is no other legal basis for the processing;
- You object to the processing of the Data and there are no legitimate and compelling grounds for the processing;
- You consider your Data has been unlawfully processed; or
- Your Data must be deleted to comply with a legal obligation;
- Right to limit the processing of your Data for reasons set out under the applicable legislation, notably when:
- You challenge the accuracy of your Data;
- You consider the processing unlawful and you object to the deletion of your Data; or
- The Data is still necessary for establishment, exercise and defense of legal claims, whether Focus Entertainment still needs the Data or not;
- Right to object to the processing of your Data if we use your Data:
- For the performance of a task carried out in the public interest;
- For our legitimate interests;
- For scientific or historical research purposes, or for statistical purposes; or
- For commercial and marketing purposes;
- Right to withdraw consent at any time when the Data processing is based on your consent (note that this withdrawal does not affect the lawfulness of the processing based on consent before its withdrawal);
- Right of Data portability: this right applies to Data you have provided to us when the processing is automated and based on your consent or carried out on the basis of the performance of a contract. You have the right to ask us, if it is technically feasible, to transfer your Data to a third-party or to provide them directly in an accessible and machine-readable manner;
- Right to transfer instructions concerning storage and communication of your Data after your death;
- Right to lodge a complaint with the competent supervisory authority, such as the French Data Protection Authority (Commission Nationale de l’Informatique et des Libertés), if you consider we do not respect our obligations with regard to your Data. You can lodge a claim or make an electronic request at any time by clicking on the following link: https://www.cnil.fr/fr/plaintes/internet.
To exercise your rights, you can send your request mentioning the relevant right(s) and the reasons, if necessary:
- by using the dedicated data subjects rights form available here, and also available at the bottom of each page of our website;
- by sending an email to our Data Protection Officer (DPO) at the following address personaldata@focusent.com; and/or
- by mail at the following address: Focus Entertainment, Parc du Pont de Flandre, Bâtiment 28 “Le Beauvaisis”, 11 rue de Cambrai, 75019 PARIS, FRANCE.
We will acknowledge receipt of your request as soon as possible and, if it is receivable, we will provide the requested information or carry out the actions relevant to the rights exercised within a one-month period.
In case of a request to delete names, first names and e-mail addresses provided for the purposes of commercial prospecting (e-marketing) by third parties and partners of Focus Entertainment, such data will be deleted immediately, and we will notify you of the effective deletion of this data.
If, in view of the complexity of the request or the number of simultaneous requests, the above-mentioned deadline cannot be met, we will inform you before the expiry of this deadline that our response will be postponed, for a period that can’t exceed two months.
If requests are manifestly unreasonable (particularly due to their number, their repetitive or systemic nature), Focus Entertainment will be entitled to not respond. In this case, we will inform you of the reasons of our refusal.
6. How does Focus Entertainment store your Data?
Your Data is stored only as long as necessary for the purposes for which it was collected (hereafter “active use”), and in accordance with the applicable law. You will find more information about storage periods applicable to the active use for each type of processing the chart below.
Focus Entertainment can store your Data for longer periods of time in intermediary archives (distinct from the active use database and with restricted access), when it is justified: in order to comply with our legal obligations (prescription periods) and/or the protection of our rights (limitation periods), notably in commercial, civil and fiscal matters; but also in case of litigation or if these Data hold a particular administrative or historical interest.
Upon expiry of these storage periods, your Data will be erased or anonymized.
| PROCESSING | STORAGE PERIOD |
| Age gate | Date of birth collected through the age gate is immediately deleted after verification. The information about being of age is stored up to 6 months (lifespan of the associated cookie, see our Cookies policy). |
| Applications / staff recruitment | With your authorization, your Data is stored up to 2 years after your last contact. |
| Online services / Focus Entertainment User Account | Your Data is stored during the usage period of our services and up to 3 years after your last contact. |
| Customer service for products sold in the Focus Entertainment Store | Your Data is stored during the period necessary to process your request. |
| Focus Entertainment forums | Your Data is stored during the usage period of our services and up to 3 years after your last contact. |
| Betas and Playtests | Your date of birth is stored until you are of age. Any other Data is stored during the development period of the tested game (up to 3 years after your last contact). |
| Focus Entertainment Marketing | Your Data is stored up to 3 years after your last contact (unless you withdraw your consent and/or oppose to the processing). |
| Third-party / Focus Entertainment partners’ marketing | Your Data is stored up to 3 years after your last contact (unless you withdraw your consent). |
| Moderation | Your Data is stored up to 3 years after your last contact (unless you oppose to the processing). |
| Requests from authorities and other authorized third-parties | Your Data is stored as long as necessary in order to comply with authorities’ requests. |
| Sharing data as part of M&A operations | Your Data is stored as long as the information has operational interest. |
| Security analyses | Your Data is stored as long as the information has operational interest. |
| Statistical analyses | Your Data is stored up to 3 years after your last contact. |
| Sweepstakes | Your Data is stored for the duration of the sweepstake and up to 60 calendar days after the end of the sweepstake. |
| In-game tools and technologies | Your Data will be kept for 2 years after their collection. We will then pseudonymize and store the Data for statistical and administrative purposes only. |
| Cookies and other tags | See our Cookies Policy. |
| Management of partnerships and contractual relationships | Your Data is stored for the duration of the commercial relationship and up to 5 years after the end of the partnership or expiration of the contract. |
| Management of requests to exercise rights | Your Data is stored for the period necessary to process your request. |
7. Transfer of your Data outside of the European Economic Area
Focus Entertainment may have to transfer some of your Data out of the European Economic Area (EEA) when necessary for technical or operational reasons, to allow us to offer quality games and provide the requested services. These transfers are made in compliance with the applicable data protection regulation and data transfer mechanisms / safeguards recognized by the GDPR.
When the transfer of your Data cannot be handled on the basis of an adequacy decision by the European Commission recognizing an adequate level of protection, we will implement other appropriate transfer and guarantee mechanisms to ensure the protection of your Data, such as transfer agreements including standard contractual clauses as approved by the European Commission in their version in force at the time of the contemplated transfer.
8. How does Focus Entertainment protect your Data?
We implement and maintain all appropriate technical and organizational measures to ensure the security, confidentiality and integrity of your Data, and to protect your Data from accidental or unlawful destruction, or accidental loss, damage, modification, disclosure or unauthorized access, as well as from other forms of unlawful processing.
For example, we maintain the following measures (non-exhaustive list):
- an authentication system to protect the access to your online accounts;
- hashing procedures for some of your Data;
- restricted accesses (security clearance policy) for Focus Entertainment’s employees and/or subcontractors as needed to perform their mission, provide the services, and subject to the respect of strict confidentiality obligations; etc.
We regularly perform security tests and checks and may have to temporarily suspend our services if we suspect or detect a security breach. If you have any concerns regarding the security of your Data, feel free to contact us at the following address: personaldata@focusent.com
9. Minors
Minors below 18 years old cannot subscribe directly to purchase and/or use services offered by Focus Entertainment.
We verify your age by asking you to enter your date of birth through a dedicated age-gate pop-up window displayed before accessing the Focus Entertainment websites. If you are below 18 years old, you will noticeably not be able to access the Focus Entertainment Store pages nor to create a Focus Entertainment user account.
Focus Entertainment does not intentionally collect personal data from minors aged under 18. If we realize we have collected Data regarding a minor within the meaning of the applicable data protection regulation, we will immediately delete any Data regarding the minor in question.
10. Hyperlinks to other websites
Our Focus Entertainment websites may contain links redirecting to other sites. As we have no control over these Third-Party Websites, we cannot be held responsible for the processing and confidentiality of Data provided on websites that we do not publish.
Data and information transmitted via these links are under the responsibility of their editors. We therefore recommend you to be careful when browsing websites accessible via hyperlinks.
11. Modification and update of the GDPP
We periodically review this Policy to ensure it is compliant and up to date with applicable data protection regulation.
You will be notified in case of substantial changes to the Policy (for example, if the modifications concern the categories of data to be processed or the purposes of processing), and we will send you a hypertext link to the updated GDPP within 30 days before publication. This information will be provided to you by email or will be made available via a pop-up window displayed when visiting our website.
