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These Terms of Service (the "Terms") set forth legally binding terms and conditions that govern your access to and use of https://janusinteractive.co.uk (the "Website"), the services and materials offered thereon, and any other content, media, social media accounts linked to or otherwise associated therewith (collectively, the “Services”).
The Services are owned, operated, and distributed by Janus Interactive Limited, a company incorporated and validly operating in the United Kingdom with company number 13956753 and having its registered office at 74A High Street Wanstead, London, United Kingdom, E11 2RJ (hereinafter referred to as “Janus”,” Company”, ”we”, and through similar words such as “us”,” our”, etc.).
Through the Website, Janus provides an informative and insightful platform that enables Users to learn about the Storm Warfare, the story and mechanisms including cards, battles and in-game cooperations, to obtain information about Janus and its future activities, to get an insight regarding the Storm Warfare Game and to access our social media.
Storm Warfare is a CCD realm where Free-to-Play meets the Play-and-Earn model, and classical collectable cards transform into NFTs. Using blockchain technology, the game brings true digital ownership to players and enables the online trading of in-game items. Players turn their gaming skills into valuable in-game assets and tokens.
Janus is an entity that launches various games through web or mobile application that players can enjoy games. Storm Warfare Game will be mainly based on blockchain technologies. However, the Website is served only for information, introduction, and marketing purposes.
By accessing and using the Services in any manner including accessing and navigating the Website, or contacting us through the Services, you acknowledge that you have read, understand, and agree to be bound by and comply with the provisions set forth in these Terms. If you do not accept these Terms (or any part thereof) or the Privacy Policy, you must discontinue your access to and/or use of the Services.
These Terms are entered into by and between you and Janus and, together with the Privacy Policy, White Paper and any other documents expressly referenced, in order to govern your access to and use of the Services, as well as any subdomains and content or features of the Services.
We are fully committed to protecting our Users privacy and security and to addressing their concerns. You can read our Privacy Policy to learn more about how we are handling your personal information, in detail.
We reserve the right to withdraw or amend the Website, and any material or content we provide on the Website, at our sole discretion and without any notice.
We reserve the right to update and modify these Terms by notifying you of updates and changes. In this regard, we will notify you by pop-ups on the Website prior to the date the updates, changes or amendments to the Terms become effective. If you do not agree with the change(s) to these Terms, you may terminate these Terms immediately by discontinuing your access to and use of the Services. If you continue to access or use the Services after the update, we will consider you as accepted the amended Terms.
These Terms shall also apply, including without limitation to any new features, functionality, or tools added to the Services.
The most current version of these Terms may be viewed at any time on the Website. It is in your best interests to periodically review the Terms for any updates, changes, or additions that may affect you.
We will not be liable if all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Website according to these Terms.
Within the context of herein Terms, following terms shall bear the meanings ascribed to them below:
White Paper | An informational document describing the details of the Game and also incorporated herein Terms by reference |
Digital Distribution Platforms | Third party platforms, mainly Google Play, and Apple Store, provide digital marketplaces where Users can install the Game on their eligible devices |
Force Majeure Event | Floods, earthquakes, or other comparable elements of nature or acts of God, wars, civil disorders, or revolutions in any country affecting the operations of the Company, or any other event beyond the reasonable control of the non-performing party, including without limitation failures of the internet or any public telecommunication network, denial of service attacks, viruses, or other malicious software attacks, governmental restrictions, given that the default or delay could not have been avoided or prevented |
Game | The blockchain-based game called “Storm Warfare” developed by Janus |
Game Content | Any content, material, information, text, data, copyright, trademark, logo, design, insignia, image, photo, music, screenshot, video, post, identifying mark, page, software, and other original works of authorship and/or intellectual property uploaded to, or incorporated into the Game |
Intellectual Property Rights | All registered or unregistered, registerable, or un-registrable intellectual property rights in whole or in part, anywhere in the world, and including without limitation copyrights, trade secrets, know-how, business names, trademarks, service marks, and patents |
NFT | Non-fungible Token, a unit of data stored in a ledger that ensures the digital asset is unique and interchangeable |
Services | The following services provided by the Company to Users through the Website pursuant to these Terms: (i) enabling Users to navigate through Website, (ii) providing Users with content regarding the Game through White Paper, (iii)enabling Users to receive information, and updates on the Services and Janus, (iv) enabling Users to contact Janus through the channels dedicated for such use on the Website |
Token | The digital representation of the assets on the blockchain connected to the Game |
User | Any person who accesses or uses the Services |
Website Content | Any content, material, information, text, data, copyright, trademark, logo, design, insignia, image, photo, music, screenshot, video, post, identifying mark, page, software, and other original works of authorship and/or intellectual property uploaded to, or incorporated into the Website |
The Website is an informative, insightful and supportive platform that that enables Users to get familiar with and understand the background, features, and operation of Janus ans itsfirst game Storm Warfare, its story, and upcoming changes or developments.
White Paper
Users can access the White Paper that contains information regarding Janus’s team, tokenomics, game mechanisms and roadmap. For the avoidance of doubt, White Paper constitute only an introduction to the topics. Users accept and acknowledge that neither the documents nor any information therof constitute any advice, tip, guidance, or prediction regarding an investment decision or any other economic or legal decision.
Interacting with Janus
Through Website, Users can access Janus’s social media accounts. Users acknowledge that by clicking the icons representing each social media platform, they are leaving the Website and navigating to a platform that is owned and operated by a third party; thus, the Users understand that they will be subject to terms of use and privacy policies of those platforms on which Janus has no influence. Therefore, Janus is not and cannot be liable for the damage concerning those social media platforms.
VARIOUS INFORMATION, GRAPHICS, AND CONTENT ON THE WEBSITE ARE POSTED FOR PROMOTIONAL PURPOSES ONLY; JANUS DOES NOT GUARANTEE THAT THE GAME WILL HAVE THE SAME LOOK AND FEATURES AS THE PROMOTIONS ON THE WEBSITE AND THAT CONDUCT THE OPERATIONS ON THE DATES STATED ON THE WEBSITE. JANUS CANNOT BE RESPONSIBLE FOR ANY REQUESTS FROM USERS IN THESE MATTERS AND SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THESE MATTERS.
Support
Users may receive support, submit feedbacks, report infringements and violations, report bugs or simply contact us by e-mailing at ###.
We welcome your comments, reviews and feedback regarding our Services. We do not, however, accept confidential, proprietary information or special category of personal data. Accordingly, all comments, feedback, suggestions, materials, information, and other submissions disclosed, submitted or offered to Janus using the Services (collectively, the "Comments") are not confidential. You hereby grant us an unrestricted, perpetual, irrevocable, non-exclusive, royalty-free right to exploit the Comments in any manner and for any purpose, including to improve our Services and create other products and services.
The Website is intended solely for your personal and non-commercial use. Any use of the Website for other than personal and non-commercial purposes is strictly prohibited.
Children under the age of 18 (eighteen) may not use the Services. Your access to the Services may be terminated without notice if we believe that you are under 18 years of age and you represent yourself as 18 or older, or you are over 18 and represent yourself as under 18.
Legal Communications and Service Announcements
By providing the Company with your email address or by using the Website you affirmatively consent to the use of your email address for notifications or the Company to send you notifications through pop-ups regarding important service announcements and other legal and administrative communications related to your use of the Services. We may send the following to you by email (if you have provided) or posting them on the Website; these Terms, including legal disclosures; future changes to these Terms, Privacy Policy, and other notices; legal communications or disclosures and information related to the Services. Such communications are part of the Services that you cannot opt-out of receiving. However, if you do not wish to receive certain service and other administrative and legal notifications, your only way to opt out of such messages is to cease using the Website.
Promotional Communications
We may perform certain marketing and other advertising activities (i.e., informing you of benefits and features of Services, letting you know of new games or developments, reminding you of waitlists etc.) of the Company and third-party advertising partners, as more fully set forth in our Privacy Policy, pursuant to your prior explicit consent. Therefore, if you prefer to opt-in to Promotional Communications, you may receive periodic promotions and other offers or materials the Company believes might be of interest to you.
Withdrawing Your Consent
If you later decide that you do not want to receive future Promotional Communications electronically, you may withdraw your consent. You can opt-out Promotional Communications at any time (i) by following the instructions described in our Privacy Policy; or (ii) following the unsubscribe instructions contained in each message. Your withdrawal of consent shall be effective within a reasonable time after we receive your withdrawal notice described above. Your withdrawal of consent will not affect the legal validity or enforceability of these Terms provided to, and electronically signed by, you prior to the effective date of your withdrawal.
Third-Party Communications
The Company disclaims all liability for any communication or advertisement directed to you from any third party directly or indirectly in connection with the Services (the “Third-Party Communications”) that you may receive and any actions you may take or refrain from taking as a result of any Third-Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third-Party Communications. The Company assumes no responsibility for verifying and makes no representations or warranties regarding the identity or trustworthiness of the source or content of any Third-Party Communications.
By accessing and using the Services, you expressly relieve and hold the Company harmless from any and all liability arising from Third-Party Communications, including any loss or damage incurred as a result of any dealing between you and any third parties. It is your responsibility to evaluate the content and usefulness of the information obtained from third parties.
Website Content and Game Content (collectively, the “Service Content”) are protected by copyright, trademark, trade dress, patent, or other intellectual property rights. All the Service Content are owned, controlled, or licensed by Janus or its subsidiaries and affiliates. Any use of the Service Content without the Company’s express written consent is strictly prohibited. Janus reserves all rights to the Service Content not granted expressly in these Terms. Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system, mobile phone, or other device or loss of data that results from the download of any such material.
We retain all rights, titles, and interests in and to the Services, including without limitation, (i) all texts, graphics, typefaces, formatting, graphs, designs, editorial contents, HTML, look and feel software, and data, (ii) all business processes, procedures, methods, and techniques used in the Services, (iii) Service Content, and (iv) all associated trade secrets and other intellectual property and proprietary rights recognized anywhere in the world (collectively, the “Company IP”).
The Company IP is protected in all forms, media, and technologies currently known or to be developed hereinafter. Janus owns all Company IP, as well as the coordination, selection, arrangement, and enhancement of such Company IP as a collective work under intellectual property laws of any jurisdiction where the Website is accessed, the Games are downloaded, and all rights on the Services, and the Service Content. The Company IP is protected by domestic and international laws regarding copyright, patents, and other proprietary rights.
License to the Service Content
We grant you a limited, revocable, non-exclusive, non-transferable, non-assignable and non-sublicensable license to access the Services and contents therein solely as provided under these Terms, and not for redistribution of any kind (the “License”). This License does not include any resale of (i) any Service, Company IP or contents thereof, (ii) any personal information (iii) any other content, material, information, text, data, copyright, trademark, logo, design, insignia, image, photo, music, screenshot, video, chat, post, player characters, identifying mark, page, software, and other original works of authorship, and/or intellectual property uploaded to or incorporated into the Services which are and will remain the sole and exclusive property of Janus.
Janus may revoke the License at any time for any reason or no reason and shall not be liable to any User for any purported interference with business or contractual relations, in tort or otherwise.
Violation of the License hereunder or this provision may result in infringement of Intellectual Property Rights and contractual rights of the Company, Users or other third parties, which is prohibited by law and could result in substantial civil and criminal penalties.
Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights on the Service Content which they make available on our Services. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Service Content, in whole or in part. When Service Content is downloaded to your computer, phone, or any other device, you do not obtain any ownership interest in such Service Content. Modification of the Service Content or use of the Service Content for any other purpose, including, but not limited to, use of any Service Content in printed form or on any other applications or networked computer environment, is strictly prohibited unless you receive our prior written consent. In order to request permission for using the Service Content, you may contact Janus via the channels set forth under Article 20.
All trademarks and service marks, whether registered or unregistered, as well as product names and company names or logos, displayed or mentioned on the Services are the property of their respective owners. Reference to any product, service, process, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Janus.
Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to Intellectual Property Rights, whether by estoppel, implication, or otherwise. You represent and warrant that your use of the Services and the Service Content will remain consistent with these Terms and will not infringe or violate the rights of any other party or breach any contract or legal duty against any other party or violate any applicable law. In order to request permission to use the Service Content, you may contact the Company through the channels dedicated for such use.
You are solely responsible for all your interactions with us and our Services. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other Users or to us.
While using the Services, you may not:
Any use of the Services or Service Content by violating the principles listed above without the prior written permission of Janus is strictly prohibited and will terminate these Terms, the License to Service Content and your access to the Services automatically. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and Janus will take appropriate investigative and legal action for such illegal or unauthorized use.
You are required to inform Janus immediately in case anyone makes or threatens to make a legal claim against you relating to your use of the Services. If we request, you shall confirm such claim in writing and cease to access or use the Services. In such case, we reserve the right to forward details to the appropriate regulatory authorities, as well as the courts if we are asked to do so.
Our Services may include embedded third-party links (such as hyperlinks) to third party sites, apps, resources, contents or services that are not owned or controlled by Janus (collectively, “Third-Party Services”).
When you access Third-Party Services, you do so at your own risk. Third-Party Services are not under our control, and you acknowledge that Janus is not responsible or liable for the content, function, accuracy, legality, appropriateness, or any other aspect of Third-Party Services. If you believe any Third-Party Services violate applicable law or may be inappropriate, please notify us. The inclusion of any Third-Party Services does not imply any association between Janus and their operators.
By using the Services thereof, you expressly relieve and hold Janus harmless from any and all liability arising from your use of any Third-Party Services, including any loss or damage incurred as a result of any dealing between you and any third parties, or as a result of the presence of such Third-Party Services on the Services or failure of such Third-Party Services to function as intended. It is your responsibility to evaluate the content and usefulness of the information obtained from third parties.
When you are connected to or otherwise accessing a Third-Party Service, you agree that you are responsible for the following: (i) taking necessary measures to protect you and your computer systems from viruses, worms, trojans, malicious code, and other harmful effects; (ii) downloading, using or purchasing any material that is sexually explicit, immoral, offensive or otherwise objectionable or unlawful, or that contains technical inaccuracies, typographical errors, or other errors; (iii) downloading, using or purchasing any material that violates confidentiality or proprietary rights of third parties and other proprietary rights, or that is subject to additional terms and conditions specified or unspecified; (iv) any financial costs or other liabilities against third parties arising from your actions or other activities; (v) reading and understanding terms of use and privacy policies applicable to Third-Party Services.
Saving the exceptions herein, the User shall have unlimited access to the Services subject to the fulfillment of the User’s obligations under these Terms. We reserve the right to withdraw, amend or otherwise alter the functions of the Services, material or content we provide through the Services, at our sole discretion and without any notice.
We will make commercially acceptable attempts to guarantee the accessibility of the Services during maintenance of or introduction of new services, except that we will not be liable for, (i) planned downtime, or (ii) any unavailability precipitated directly or indirectly by conditions beyond our realistic control including a Force Majeure Event or any violation of these Terms by any User.
We may at any time suspend your use of the Services and/or remove or disable any Service Content as to which we reasonably and in good faith believe is in violation of any of these Terms. We will provide you with notice of any such suspension or disablement before its implementation unless such suspension or disablement is necessary to comply with legal process, regulation, order or prevent imminent harm to the Services or any third party, in which case we will notify you to the extent allowed by applicable law of such suspension or disablement as soon as reasonably practicable thereafter.
We hereby represent and warrant compliance with relevant and applicable legislations, rules, regulations, directives, and guidelines on the compilation, use, and disclosure of information and data gathered from or about the Users relevant to access or use of the Services (jointly, the “Rules”).
The Rules include without limitation if applicable (i) United States federal and relevant state laws with regards to data collection and data privacy including California Customer Privacy Act (“CCPA”); and (ii) the Data Protection Directive and the General Data Protection Regulation (“GDPR”), (iii) the UK GDPR as amended by UK (“UK GDPR”).
Any personal information that you provide to us is subject to our Privacy Policy. Please review our Privacy Policy for more information about how we collect and use personal information.
Each party hereby represents and warrants to the other party that, (i) such party has the necessary power and authority to be bound by these Terms; (ii) compliance with these Terms and fulfillment of the obligations hereunder do not and will not, to the best of each party’s knowledge, violate any other agreement to which it is a party; (iii) no other restriction, limitation or contractual or statutory obligation exists preventing a party from fulfilling its obligations hereunder; and (iv) these Terms constitute a legal, valid and binding obligation when agreed upon by both parties.
Janus hereby represents and warrants to the User that, (i) it will have all necessary rights, licenses, know-how, expertise, and experience needed to operate the Services; (ii) is the sole proprietor of the Services and the Company IP (to the extent permitted in these Terms) and has all legal rights, licenses, and authority to provide the User with the Services as stipulated herein.
The User represents and warrants that (i) any information User submits to Janus through the Services or any other communication channels provided (if any) is true, accurate, current, and complete, (ii) User is the sole owner of all rights, titles, and interests in, or have obtained all necessary rights and licenses from the applicable owner of, any information User submits, and (iii) such information, when used for the purposes in which it is submitted, does not infringe the rights of any third party, including without limitation, Intellectual Property Rights, proprietary rights and rights of publicity/privacy. The User also acknowledges and agrees that s/he will be solely responsible for all information that the User submits and will use Services solely for the permitted purposes as defined by these Terms and shall not interfere with the integrity or performance of the Services as articulated by the section of Limitations on Use of the Services.
The Services (and any part thereof), including without limitation any content, data, and any information related thereto, are provided strictly on an “as is” and “as available” basis, without any warranties or conditions of any kind, either express, implied, or statutory. Janus makes no representation concerning the benefits or outcomes obtained from the Services by the User or any third party.
The Services may become inaccessible, or it may not function properly with Users’ web browser, mobile device, and/or operating system or may not be available to certain Users due to legal restrictions. The Company cannot be held liable for any perceived or actual damages arising from content, operation, use of or inability to use the Services.
ALTHOUGH JANUS ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON SERVICES.
BY ACCESSING AND USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD (OR ANY GREATER AGE REQUIRED TO BE DEEMED TO HAVE REACHED THE AGE OF MAJORITY UNDER THE APPLICABLE LAW OF THE STATE OR JURISDICTION OF YOUR PRIMARY RESIDENCE), AND ARE FULLY ABLE AND HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO, AND TO BE BOUND BY, THESE TERMS AND THAT YOU WILL SO ABIDE.
Some jurisdictions may not allow exclusion and limitation of certain implied warranties. The above exclusions may not apply to Users, falling within the scope of such jurisdiction’s competence. These Terms grant Users specific legal rights, and Users may have other rights which vary from jurisdiction to jurisdiction. The disclaimers and exclusions under these Terms shall not apply to the extent prohibited by applicable laws.
Disclaimer Regarding White Paper Content
As explained in White Paper, Janus provides a free-to-play strategy game that enables Users to collect cards, trade their in-game assets, and hire their in-game NFTs, leveling up by winning battles that increase the market value of Users’ in-game assets.
Janus does not provide any assurance regarding the valuation of in-game assets. Users intending to purchase Storm Warfare’s token or NFT should seek independent professional advice before acting on the basis of current information. You agree that you are fully aware and understand the risks associated with the blockchain technology.
With these Terms, you agree that the Tokens and NFTs do not constitute stocks or shares or securities or financial instruments or investments in any form whatsoever in any jurisdiction and for any purpose. Any kind of information, memorandum, or document published by Janus is not intended to be used for commercial purposes. You agree that Tokens and NFTs are not classified as bonds, stocks, or shares issued by any entity or rights, derivatives, or any other securities or any type of investment. You must have a basic understanding of the functionality, use, storage, and other features of cryptocurrencies, blockchain technology, cryptocurrency wallets, smart contracts, or any other methods incorporated the Game.
Forward-Looking Statements
Janus reserves to right to amend, modify, or change any information included in the White Paper. All statements contained in the White Paper, any documents published by Janus, announcements, press releases, or another publicly available venue, and oral statements made by Janus, or its representatives constitute forward-looking statements. Some of the statements made by Janus may be identified by forward-looking terminology such as "aim," "target," "anticipate," "believe," "may," "estimate," "expect," "if," "intend," "may," "plan," "possible," "likely," "project," "should," "would," "will," or similar or synonymous terms. However, these terms are not the exclusive means of identifying forward-looking statements. All statements regarding Janus’s financial condition, business strategies, plans and prospects, and the prospects of the industry in which Janus conducts business are forward-looking statements. Janus makes no representation or warranty that the planned strategy gives the desired result.
These forward-looking statements, including, but not limited to, statements regarding Janus’s profitability and revenue growth, prospects, future plans, network plans, other expected industry trends and other matters discussed herein with respect to the Game, are not historical facts, but are merely estimates and predictions. Janus makes no representation or warranty that it has made any predictions or estimates, or expectations based on any formula, mathematical or scientific modeling or forecast, or that it has made any forecasts or estimates in good faith.
You should conduct appropriate research or read independent studies. Such forward-looking statements involve known and unknown risks, uncertainties, and other factors that may cause the actual future results, performance, or achievements of Janus to differ from any future results and anticipated, intended, expressed, or implied performance or achievements. These factors include, but are not limited to:
All forward-looking statements made by or attributable to Janus or Janus's representatives are expressly qualified in their entirety by these factors. Because risks and uncertainties that may cause Janus's actual future results, performance or achievements to differ materially from those anticipated, expressed or implied by the forward-looking statements contained in the information, undue reliance should not be placed on such statements. Neither Janus, Janus’s representatives nor any other person represents, warrants, and/or undertakes that Janus’s actual results, performance or achievements will be as set forth in these forward-looking statements. Janus’s actual results, performances, or achievements may differ significantly from those anticipated in these statements.
Nothing contained in the current information is or may be deemed to be a promise, representation, or commitment regarding the Janus’s future performances or policies. In addition, Janus disclaims any responsibility to update any of these forward-looking statements or to publicly announce any revisions to these statements to reflect future developments, events, or circumstances, even if new information becomes available or if other events occur in the future.
If the Company’s performance of its obligations under these Terms is prevented or delayed by any act or omission of User or any third party, the Company shall not be deemed in breach of its obligations under these Terms.
In no event will the Company, it’s developers, affiliates or their licensors, service providers, employees, agents, officers or directors be liable for defects or damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use Service or any other websites or applications linked to it and any content on the Services (including the Service Content) or such other websites or applications including any direct, indirect, special, incidental, consequential or punitive damages, and also including but not limited to, personal injury, pain and suffering, emotional distress, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
JANUS IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY MATERIALS ON THE SERVICES OR WITH ANY OF TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
This Limitation of Liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or whatsoever, even if Janus has been advised of the possibility of such damage.
Some jurisdictions do not allow exclusion or limitation of incidental or consequential damages; therefore, above limitations or exclusions may not apply to User falling within the scope of such jurisdictions’ competence. These Terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the Terms shall not apply to the extent prohibited by applicable law.
The User shall defend, indemnify, and hold harmless Janus and its affiliates, co-branders, partners, shareholders, employees, agents, representatives, and/or independent contractors from and against all costs, damages, and losses, including legal expenses resulting from any claim by third parties that (i) User’s use of the Services, Service Content or other material infringement of any rights of the third parties, including without limitation, breach or violation of Company IP or the Intellectual Property Rights or privacy rights of such third parties; (ii) the information shared with Janus via any channels is obscene, defamatory, illegal, unethical, or promotes illegal conduct; (iii) the User has not obtained and/or failed to obtain any necessary permit, license or consent in accordance with these Terms; and (iv) the User breaches (de facto or presumably) any of its representations, warranties, and/or responsibilities under these Terms.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above indemnities, limitations, and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.
Janus reserves the right to investigate complaints or reported violations of these Terms and to take any action it deems appropriate, including without limitation, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to Users’ e-mail addresses (if any), usage history, mobile device ID, IP addresses, and traffic information.
Janus may terminate these Terms immediately in its sole discretion and without any prior notice or liability against you, or suspend or terminate your use of, or access to the Services at any time for, including without limitation, if it is reasonably believed in good faith that you have violated or acted inconsistently with these Terms or any applicable law or that you have engaged in conduct that we determine to be inappropriate or unacceptable.
You accept, declare, and undertake that you cannot claim any rights or receivables against Janus due to any termination pursuant to this provision.
User may terminate these Terms at any time by ceasing to access or use the Services. However, sections of these Terms which by their nature should survive the expiration or termination will remain in full force and effect subsequent to and notwithstanding the expiration or termination of these Terms, as stipulated in the section of Following Termination.
Upon expiry or termination of these Terms for any reason, all rights of the User and any Services shall be terminated instantly.
The following clauses shall survive expiry or termination of these Terms “Definitions”, “Service Content: Website Content and Game Content”, “Disclaimer of Warranty”, “Limitation of Liability”, “Indemnification”, “Unlawful Activity and Termination of Access to the Services”, “Following Termination”, “Governing Law”, “Severability” and “Miscellaneous Provisions”, and all commitments of both parties under these Terms shall cease to be fulfilled.
These Terms and all materials resulting directly or indirectly therefrom shall be governed and construed in compliance with the legislation of the laws of United Kingdom regardless of conflict laws rules.
Each Party irrevocably submits to the exclusive jurisdiction of the Courts in the London, United Kingdom for all such issues and waives any opposition to such judiciary from an authority, location, or inconvenient forum. In any proceedings, the prevailing party shall be allowed to recover from the other party the reasonable fees for its attorneys in relation to any other grant of court compensation.
If any part of these Terms is found to be unlawful, void, or otherwise unenforceable, such unlawfulness, invalidity or unenforceability shall extend to such clause only. The unlawfulness, invalidity, or unenforceability of such a clause shall in no way influence or render any other part of these Terms, unlawful, void, or otherwise unenforceable, and generally, shall be reformed, construed, and implemented in such a way that reflects intent of the Parties as conveyed in these Terms with its nearest lawful effect.
In any jurisdiction, the fact that any provision of these Terms is held to be unlawful, void, or otherwise unenforceable, shall have no effect on the legality, validity, or enforceability of such provision in other jurisdictions.
Headings
The headings used in these Terms are for reference reasons only and do not influence understanding and interpretation of these Terms.
Waiver
Janus’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such or other right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
Service Interruption
In order to ensure the utmost possible service level, Janus reserves the right to interrupt the Services for maintenance, system update or any other change, through informing the Users appropriately.
We will not be liable for any reason if all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict or suspend access to some or all parts of the Services to the Users.
Within the limits of relevant legislation, Janus may also decide to suspend or terminate the Services altogether. If the Services are terminated, Janus will cooperate with Users to enable them to withdraw personal information in accordance with applicable law.
Additionally, the Services might not be available due to reasons outside the Janus’s reasonable control, such as “Force Majeure Events”.
Remedies Not Exclusive
Except as expressly stated herein, no remedy is designed to be excluded from any other remedy that is not available under these Terms or in law or in equity.
Non-Exclusivity
These Terms are not exclusive.
No Strict Construction
Where an ambiguity or issue occurs with regards to any clause of these Terms, the Terms shall be construed as if collectively approved by the parties and no presumption or burden of proof shall occur to favor or disadvantage of either party by virtue of the authorship on these Terms.
Assignment
Without prior written approval of Janus, these Terms or any rights or obligations conferred thereunder may not be transferred and delegated by the Users. Any attempt to grant, without such approval, any rights or responsibilities arising from these Terms shall be null and void ab initio.
Janus reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, by taking the Users’ legitimate interests into account. Provisions regarding change of these Terms shall apply accordingly.
Entire Agreement
These Terms constitute the entire agreement between the parties on the subject matter of the Terms and supersede any and all prior written or oral agreements and/or communications relating to the subject matter thereunder.
Force Majeure
None of the parties shall be responsible for any error or delay in fulfilling any of their corresponding obligations arising from these Terms, if a Force Majeure Event prevents them from doing so.
Interpretation
Unless the context requires otherwise, (i) the singular includes the plural and vice versa; (ii) if any act which shall be performed in accordance with these Terms is to be done on a day that is not a business day then the act must be performed on or before the next business day; (iii) a reference to any legislation or law includes all amendments, consolidations or other provisions thereof, (iv) a reference to a natural person shall mean including without limitation a partnership, joint venture, association, government or legal body or legal entity and vice versa shall be interpreted herein.
Independent Legal Advice
User recognizes and accepts that it has had the chance to read these Terms, agrees with its provisions, and has been given a chance to seek independent legal advice on the Terms’ provisions before acknowledging them.
You may contact the us and share your questions, complaints about these Term or our Services through ### or any other channel dedicated for such use.
As Janus Interactive Limited (hereinafter referred to as “Janus”, the "Company", “We”, and through similar words such as “us”, “our”, etc.), we respect your privacy and are committed to fully explaining how we handle your personal information.
This Privacy Policy (the “Policy”) describes Janus’s practices and policies with regards to use and process of personal information while operating the Website and providing the services thereunder (collectively referred to as the “Services”).
This Policy further describes the types of personal information we collect through the Services, how we use that information, our legal basis for doing so, with whom we share it, your rights and choices in this regard, and how you can contact us about our privacy practices. For the avoidance of doubt, this Policy does not apply to third-party sites, products, or services, even if they link to our Services, and you should consider privacy practices of those third parties carefully.
Through the Website, Janus provides an informative and insightful platform that enables Users to learn about Janus and its future activities, get an insight regarding Janus Interactive Game and access our social media accounts. The Website (including all its subdomains, links, artworks, information, other media, features, and contents) is a service made available by Janus.
By acknowledging this Policy, you are accepting that you have familiarized yourself with the practices described in this Policy, and the Terms of Service (the “Terms”), which governs this Policy and contains all disclaimers of warranties and limitation of liabilities. If you do not agree to the processing activities stipulated in this Policy, please do not further access or use the Website or any Services.
Capitalized words not defined under this Policy shall be understood as described under our Terms. It is of utmost importance to read the Policy provided herein in tandem with the Terms to better grasp the key concepts provided and explained therein.
Within the scope of this Policy, the following terms shall have the meanings ascribed to them below. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Business | for the purpose of the CCPA, means the legal entity that collects Consumers' personal information and determines the purposes and means of the processing of Consumers' personal information, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of Consumers' personal information, that does business in the State of California |
CCPA | CCPA means the California Consumer Privacy Act of 2018 and as amended by the California Privacy Rights Act (CPRA) (collectively, “California Privacy Laws”) |
Company | means Janus Interactive Limited, a company incorporated and validly operating in the London,United Kingdom |
Consumer | for the purposes of the CCPA, means a natural person who is a California resident, including (i) every individual who is in the USA for other than a temporary or transitory purpose, and (ii) every individual who is domiciled in the USA who is outside the USA for a temporary or transitory purpose |
Data Controller | for the purposes of the GDPR, means the legal person which determines purposes and means of process of Personal Data alone or jointly with others |
Data Subject | means a natural person who can be identified or rendered identifiable through the personal data related to |
Device | means any device that is suitable to access the Service such as a computer, a mobile phone or a digital tablet and with an internet connection |
Game | means the Janus Interactive game developed and owned by Janus which can be downloaded from Digital Distribution Platforms |
GDPR | means (i) Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data (General Data Protection Regulation) (the "EU GDPR"); and (ii) the EU GDPR as saved into United Kingdom law by virtue of section 3 of the United Kingdom's European Union (Withdrawal) Act 2018 (the "UK GDPR"); in each case as may be amended or superseded from time to time |
Personal Data Breach | means a breach of security whether accidental or on purpose, resulting in accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to personal data |
Personal Information/Personal Data |
means any information/data that relates to an identified or identifiable individual For the purposes of the GDPR, Personal Data means any information relating to you such as a name, identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity For the purposes of the CCPA, Personal Information means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with you |
Sale of Data | for the purposes of the CCPA, means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer's personal information to another business or a third party for monetary or other valuable consideration |
Service | means the services provided by Janus as described in our Terms |
Service Provider |
means any natural or legal person who processes the data on behalf of Janus and refers to Third-Party companies or individuals contracted by Janus to facilitate the Service, to provide the Service on behalf of Janus, to perform services related to the Service or to assist Janus in analyzing how the Service is used For the purposes of the GDPR, Service Providers are considered as Data Processors. Our Third-Party Service Providers are considered as our ‘Sub-processors’. |
Special Categories of Personal Data | means personal Information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership and genetic and biometric information, information concerning data subject’s sex life or sexual orientation |
Sub processor | means any Third-Party Data Processor who has or will have access to or process Personal Data |
Third Party | means any other natural or legal person that is not part of Janus |
Third Party Services | mean any product that Service Providers submit to Janus users for the proper performance of the Services |
Usage Data | means data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, duration of a page visit) |
User |
means the individual accessing, using or benefiting from the Services in whatsoever manner The User may be referred to as “you” in this Policy |
Website |
means the website and subdomains, and other media including all of their respective features and content belongs to Janus, accessible from https://stormwarfare.com/ |
Since our operations are a based in the United Kingdom but have numerous Users from different countries, we intend to reflect our compliance with various legislations about privacy and data protection from a global perspective. For this reason, we show considerable effort to act in accordance with the GDPR and CCPA.
Our Services
This Policy applies to the personal information collected during the course of our relationship with you, through your use of the Services. For the purposes of this Policy, we are the controller of personal information collected via our Services (including using cookie or similar technology).
Janus obtains personal information about Users from various sources to provide Services and manage the Services. We may collect, use, store and transfer personal information about Users as below:
a. Website Visitors. If you access or visit our Website, we may collect your personal information, such as your IP address, Usage Data and Device information, through cookies which are explained in detail in this Policy.
Where applicable, we indicate whether and why you must provide us with your personal information, as well as the consequences of failing to do so. If you do not provide personal information when requested, you may not be able to benefit from our Services if that information is necessary to provide you with the Service or if we are legally required to collect it.
Third-Party Services
Our Services also enable Third-Party Services, which may be available to you via our Website. This Policy does not apply to personal information that is processed when you access Third Party sites, products and services through our Website. The collection of your information by these Third Parties is governed by the respective Third-Party Service Providers’ privacy policies and terms. This Policy does not apply to Third-Party sites, products, or services, even if they link to our Services, and you should consider the privacy practices of those Third Parties carefully.
Janus receives personal information concerning you from certain sources to provide Services and manage the Website.
We may collect, use, store and transfer different kinds of personal information about you which we collect from various sources as described below:
a) Personal Information We Collect Directly from You
The type of information that we collect directly from you varies based on your interaction with our Services.
For example, we collect information directly from you when you reach out to us, complete an application or other forms on the Website. Personal information you may provide includes,
Communications and Interactions
We may collect information through your communications with our customer support team or other communications that you may send us and their contents which may include email messages, text messages, phone calls that we exchange with you, interactive customer support chat sessions, body of contact messages, reviews, responses, survey answers, comments, feedback, ratings and other Usage Data described below in detail.
Other
b) Personal Information Collected From Third Parties
Third Party Service Providers
We use Third-Party Service Providers to provide certain Services on our behalf when the information is necessary for them to perform their duties. The Third-Party Service Providers (our Sub-processors) help us better operate our Website for services such as hosting, maintenance, error monitoring, debugging performance monitoring, database storage and management, SEO services, email automation and heat-map. In some cases, these Service Providers may process or store personal information while providing services. When those Service Providers receive access to personal information, they undergo a security and privacy review to ensure they meet the necessary safeguards and implement 'the best practice' in their data processing activities. We are also committed to providing that they are contractually bound by a data protection/processing agreement that requires them to comply with applicable regulations, including having the appropriate access controls in place to protect your data.
Third Party Analytics and Advertisements
We also may use Third Party advertisements, analytics, and tracking tools to better understand who is using the Website, how people are using the Website, how to improve the effectiveness of the Services, related content. These Third Parties may use cookies, web beacons, pixel tags, log files, flash cookies, or other technologies to collect and store information. They may also combine information they collect from your interaction with the Website with information they collect from other sources, which combination may be subject to the Third Party’s control and privacy practices thereupon. For further details on how these cookies are used please refer to our Cookie Notice section in this Policy.
For more information about social media platforms and network privacy practices, please review the privacy policies and settings of such social media platforms and networks.
c) Cookies and Automatic Collection Methods
We may also collect information about your online activities on the Website, and connected Devices over time and across Third-Party websites, devices, apps, and other online features and services.
This collection includes automatically collected information, and generally does not include personal information unless you provide it through our Services, or you choose to share it with us by other means. Methods we use are described below:
These technologies record information about your usage of our Website, including:
We may also collect information about your online activities on the Website and connected Devices over time and across third-party sites, devices, apps, and other online features and services via cookies and similar technologies. To learn more about the cookies and how you can control our use of cookies and third-party analytics, please see our Cookie Notice section.
a. Our Services
We rely upon several legal grounds to ensure that our use of your personal information is compliant with the applicable law. Most commonly we will use your personal information in the following circumstances:
Purposes for which we will use your personal information;
The purposes for which we will process your personal information and the lawful basis of processing on which we rely are described below:
Pre-contractual, contractual and post-contractual business relationships. We process personal information to enter business relationships with prospective Users, and to perform the contractual obligations under the contacts that we have with them. Activities that we conduct in this context include:
Purpose/Activity | Lawful basis for processing |
---|---|
to communicate with you for service-related announcements | Performance of a contract with you |
to provide the functionality of our Services that you have requested | Performance of a contract with you |
to administer and support the Services you have requested including to send service notifications, manage and support the provision of your services, to exercise our legal rights | Performance of a contract with you |
to manage our relationship with you which will include: (a) Notifying you about changes to our terms or privacy notice |
Performance of a contract with you Necessary to comply with a legal obligation Necessary for our legitimate interests (to keep our records updated, to manage and improve our services and the efficient running of our business) |
To verify, respond or communicate with you such as when you;
|
Performance of a contract with you |
Legal and regulatory compliance. We use personal information to verify the identity of our Users in order to comply with laws. These obligations are imposed on us by the operation of law, industry standards, and by our financial partners, and may require us to report our compliance to Third Parties and to submit to third-party verification audits.
Purpose/Activity | Lawful basis for processing |
---|---|
for auditing activities | Legal and regulatory compliance |
to respond to court orders, lawsuits, subpoenas, and government requests | Legal and regulatory compliance |
to address legal and regulatory compliance | Legal and regulatory compliance |
Legitimate business interests. We rely on our legitimate business interests to process certain personal information concerning you. The following list sets out the business purposes that we have identified as legitimate. In determining the content of this list, we balanced our interests against the legitimate interests and rights of the individuals whose personal information we process.
Purpose/Activity | Lawful basis for processing |
---|---|
to mitigate financial loss, claims, liabilities, or other harm to Users or and Janus | Legitimate business interest |
to respond to inquiries, send service notices, and assist communications with Users | Legitimate business interest |
to promote, analyze, modify and improve our products, systems, and tools, and develop new Services | Legitimate business interest |
to manage, operate, and improve the performance of our Services by understanding their effectiveness and optimizing our digital assets | Legitimate business interest |
to analyze and advertise our Services | Legitimate business interest |
to conduct aggregate analysis and develop business intelligence that enables us to operate, protect, make informed decisions, and report on the performance of our business | Legitimate business interest |
to ensure network and information security, administer, protect and manage our business and websites (including troubleshooting, business operational analysis, testing, system maintenance, support, reporting and hosting of data) | Legitimate business interest (for running our business, provision of administration and IT services, business performance analysis, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise) |
to protect the security or integrity of our Services and business, such as by protecting against and preventing fraud, unauthorized transactions, claims and other liabilities, and managing risk exposure, including by identifying potential hackers and other unauthorized users | Legitimate business interest |
Based on Your Prior Explicit Consent. We rely on your prior explicit consent to process your personal information for the purposes below:
Purpose/Activity | Lawful basis for processing |
---|---|
to email you for promotional and marketing purposes | Explicit consent |
b. Marketing and Advertising Activities
We may send you marketing and advertising communications about Janus, upcoming Games and Services, invite you to participate in our events or surveys, introduce our new technologies or solutions, or otherwise communicate with you for marketing purposes, provided that we do so in accordance with the consent requirements that are imposed by applicable law.
When we collect your business, contact details through our participation at trade shows or other events, we may use the information to follow-up with you regarding an event, send you information that you have requested on our products and Services, and upon your explicit consent, include you on our marketing information campaigns.
If you decide at any time that you no longer wish to receive such marketing communications from us, please follow the unsubscribe instructions provided in any of the communications. You may also opt-out from receiving commercial emails from us by sending your request to us by emailing us.
To update your preferences, ask us to remove your information from our mailing lists, delete your account or submit a request to exercise your rights under applicable law, please contact us as specified in the “Contact Janus” section below.
Brand Pages
We may offer our content through social media. Any information you provide to us when you engage with our content (such as through our brand page) is treated in accordance with this Policy. Also, if you publicly reference our Service on social media (e.g., by using a hashtag associated with Janus in a tweet or post), we may use your reference on or in connection with our Services.
Please note that when you interact with other entities, including when you leave our Website, those entities may independently collect information about you and solicit information from you. The information collected and stored by those entities remains subject to their own policies, terms, and practices, including what information they share with us, your rights and choices on their services and devices, and whether they store information outside of your residency. We encourage you to familiarize yourself with and consult their privacy policies and terms of use.
Employees and Authorized Contractors
Our employees and authorized contractors may need to access information about you when they require this information to perform their job. For example, our email communications team would need access to your contact information to ensure this information is sent correctly and any unsubscribe requests are properly managed; and our security staff would need to review information to investigate attempted denial of service attacks, fraudulent activity, or other attempts to compromise the Services. All our employees and contractors are required to agree to maintain the confidentiality and protect the privacy of your information.
Service Providers and Business Partners
Without prejudice to the foregoing, we share personal information with a limited number of our Service Providers. We have Service Providers that provide services on our behalf, such as website hosting, data analysis, information technology, and related infrastructure, customer service, email delivery. These Service Providers may need to access personal information to perform their services. We authorize such Service Providers to use or disclose personal information only as necessary to perform services on our behalf or comply with legal requirements. We require such Service Providers to contractually commit to protect the security and confidentiality of personal information they process on our behalf.
When sharing your information with any of the above, we ensure they agree to obligations consistent with this Policy and any other appropriate confidentiality and security measures, and only use your information to carry out the Services and your requests.
Business Transfers
In the event that we enter into, or intend to enter into, a transaction that alters the structure of our business, such as a reorganization, merger, sale, joint venture, assignment, transfer, change of control, or other disposition of all or any portion of our business, assets or stock, we may share personal information with Third Parties for the purpose of facilitating and completing the transaction. If we do, we will inform such entities of the requirement to handle your information in accordance with this Privacy Policy or inform you that you are covered by a new privacy policy. You will have the opportunity to opt-out of any such transfer if the new entity’s planned processing of your information differs materially from that set forth in this Privacy Policy.
Law Enforcement, Government Agencies, and Professional Advisors
We may need to disclose information about you where we believe that it is reasonably necessary to comply with a law or regulation, or if we are otherwise legally required to do so, such as: (i) to comply with applicable law, or payment method rules; (ii) to enforce our contractual rights including our Terms of Service and this Privacy Policy; (iii) to protect the rights, privacy, safety, and property of Janus, you or others; and (iv) to respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, which may include authorities outside your country of residence. For governmental data access requests concerning you or your organization, we would first attempt to redirect the request to you and/or we would first attempt to notify you unless we are legally prohibited from doing so.
We also use professional advisors, including lawyers and accountants, and may be required to disclose information about you when engaging them for their services and as necessary for audits, financial and other regulatory reviews.
Legal Communications and Service Announcements
By providing Janus with your email address, you affirmatively consent to use of your email address for legal and service notifications and/or by using the Services you affirmatively consent Janus to send you notifications through pop-ups regarding important service announcements and other legal and administrative communications related to your use of the Services. We may send the following to you by email or posting them on the Website; this Policy, our Terms, including legal disclosures; future changes to this Policy, Terms, and other notices, legal communications or disclosures and information related to the Services. Such communications are part of the Services which you cannot opt out of receiving. However, if you do not wish to receive certain services and other administrative and legal notifications, your only way to opt-out of such messages is to stop using the Services.
Promotional Communications
You may receive marketing and advertising communications (e.g., sending you the news about Janus and its games, informing you of Service benefits and features, letting you know of new features or developments) about Janus and Services, pursuant to your prior explicit consent. To receive marketing and advertising communications from Janus, you can give your explicit consent in the applicable areas. Due to our global privacy practices, we provide our Users with the opportunity to “opt-in” and "opt out" of receiving marketing and advertising communications other than those for purposes directly related to your transactions with us and in general legal and administrative communications regarding your account.
If you prefer to opt-in to Promotional Communications, you may receive periodic promotions and other offers or materials that we believe might be of interest to you until you unsubscribe or opt-out.
Withdrawing Your Consent
If you later decide that you do not want to receive future Promotional Communications electronically, you may withdraw your consent. You can opt-out Promotional Communications at any time (i) by following the instructions described in this Policy; or (ii) following the unsubscribe instructions contained in each message. In all cases you may email us at ###. Your withdrawal of consent shall be effective within a reasonable time after we receive your withdrawal notice described above.
You may access and update certain personal information that you provided to us by emailing us at ###. Unless alternate procedures are noted for your jurisdiction in the " Exercising of Your GDPR Privacy Rights” and “Exercising of Your California Privacy Rights” sections, you may access and update certain personal information that you provided to us by contacting us via email.
We are not able to grant all access requests, and we may request additional information from you to verify your identity before accommodating an access request.
Residents of California and certain countries, including European Union member states (and the United Kingdom), may have additional rights listed under the sections of " Your Rights and Choices Under the California Privacy Law " and " Your Rights and Choices Under the GDPR".
Your Rights and Choices Under the GDPR
Janus undertakes to respect the confidentiality of your personal information and to guarantee you can exercise your rights. In this regard, you have the following rights regarding our use and disclosure of your personal data, under this Privacy Policy and by law if you are within the European Union or UK:
Right to Access: You have the right to access (and obtain a copy of, if required) the categories of personal information that we hold about you, including the information's source, purpose and period of processing, and the persons to whom the information is shared.
Right to Rectification: You have the right to update the information we hold about you or to rectify any inaccuracies. Based on the purpose for which we use your information, you can instruct us to add supplemental information about you in our database.
Right to Erasure (“Right to be Forgotten”): In certain cases, you have the right to request from us the erasure of your Personal Data. For the avoidance of any doubt, we may not be able to grant this right to you in certain cases, due to our obligations to fulfill certain legal requirements.
Right to Restriction of Processing: You have the right to request from us restriction of processing, for a certain period and/or for certain situations.
Right to Data Portability: You have the right to transfer your information to a third party in a structured, commonly used and machine-readable format, in circumstances where the information is processed with your consent or by automated means. You have the right to receive your Personal Data from us in a structured format and you have the right to (let) transmit such Personal Data to another controller.
Right to Object: In certain cases, you have the right to object to the processing of your Personal Data, including with regards to profiling or direct marketing.
Right to be Not Subject to Automated Individual Decision-Making: You have the right to not be subject to a decision based solely on automated processing.
Right to Filing Complaint: You have the right to lodge a complaint with the UK Information Commissioners Office, or other data protection supervisory authority applicable to you if you are unhappy with the way we are handling your personal data.
Right to Compensation of Damages: In case we breach applicable legislation on the processing of your Personal Data, You have the right to claim damages from us for any damages such breach may cause to you.
Exercising Your GDPR Privacy Rights
You may exercise your rights of access, rectification, cancellation and opposition by simply contacting us. Please note that we may ask you to verify your identity before responding to such requests. If you make a request, we will try our best to respond to you as soon as possible.
You have the right to complain to the Data Protection Authority about our collection and use of your personal information. If You are a resident of the United Kingdom, you may complain to Information Commissioner’s Office (ICO) regarding your data protection rights. If you are a resident of the EU, please contact your local data protection authority in the EU.
If you are a Consumer as defined in the California Consumer Privacy Act (CCPA) and as amended by the California Privacy Rights Act (CPRA) (collectively, “CCPA”), the following provisions apply to you.
Do Not Sell My Personal Information
“Sale” means renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business to a third party for monetary or other valuable consideration. We do not provide personal information about you to Third Parties in exchange for money. We do share personal information with Third Parties that we work with, including to help us market or advertise our products and Services to you and mostly with regard to your prior consent. When this information is in a format that directly identifies you by name, it is not shared with any Third Parties for Third-Party marketing or advertising purposes.
Even though we do not provide personal information to these Third Parties in exchange for money, the CCPA may characterize our providing the following categories of information we share with Third Parties that provide services to you or to us, such as personalizing your experience with us or helping us to market or advertise our products and Services to you, as "sales" of personal information; (i) Device and browsing information and other internet activity information and (ii) identifiers (e.g., ad ID).
The Service Providers we partner with (for example, our advertising partners) may use technology on the Service that "sells" personal information as defined by the CCPA. If you wish to opt out of the use of your personal information for interest-based advertising purposes and these potential sales as defined under CCPA, you may do so by following the instructions below;
Website
You can opt-out of receiving ads that are personalized as served by our Service Providers by following our instructions presented on the Service:
The opt-out will place a cookie on your computer that is unique to the browser you use to opt out. If you change browsers or delete the cookies saved by your browser, you will need to opt out again.
Please note that any opt-out is specific to the browser you use. You may need to opt out of every browser that you use.
Mobile Devices
Your mobile device may give you the ability to opt-out of the use of information about the apps you use in order to serve you ads that are targeted to your interests:
You can also stop the collection of location information from your mobile device by changing the preferences on your mobile device.
"Do Not Track" Policy as Required by California Online Privacy Protection Act (CalOPPA)
Some internet browsers have enabled 'Do Not Track' (DNT) features, which send out a signal (called the DNT signal) to the websites that you visit indicating that you don't wish to be tracked. Currently, there is no standard that governs what websites can or should do when they receive these signals. For now, we do not take action in response to these signals. However, some third-party websites do keep track of your browsing activities. If you are visiting such websites, you can set your preferences in your web browser to inform websites that you do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of your web browser.
California Privacy Rights for Minor Users (California Business and Professions Code Section 22581)
California Business and Professions Code section 22581 allow California residents under the age of 18 who are registered users of online sites, services, or applications to request and obtain removal of content or information they have publicly posted.
We do not knowingly process personal information of California residents under the age of 18. If you have reason to believe that anyone under the age of 18 has provided us with any personal information, please contact us at ###.
Be aware that your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.
Your Rights and Choices Under California Privacy Laws
Under this Privacy Policy, and by law if you are a resident of California, you have the following rights:
Exercising Your California Privacy Rights
In order to exercise any of your rights under the CCPA, as a California resident, you can contact us through channels, features, and functionalities provided on the Website.
Once we receive your request, we will validate the information that you provide and send a message to the email address you provide in the request, asking you to verify that it is your email address. Please follow the instructions in that email to verify your email address. We will begin processing your request once the verification is completed.
Janus will disclose and deliver the required information free of charge within 45 days of receiving your verifiable request. The time to provide the required information may be extended once by an additional 45 days when reasonably necessary and with prior notice.
Please note that if you do not include the necessary information concerning you in your requests, we may ask you to verify your identity before responding to such requests.
We are making reasonable efforts to provide you with an appropriate level of security at the risk associated with the processing of your personal information. We employ organizational, technical, and administrative measures designed to appropriately protect your personal information against unauthorized access, destruction, accidental loss, unauthorized alteration, or abuse. Your personal information may only be accessed by a limited number of personnel who need access to such information in order to perform their duties. Please be aware that no security measures are perfect or impenetrable. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If You have a reason to believe that your interaction with us is no longer secure, please contact us immediately.
We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored personal information to you via email or conspicuous posting on our Website in the most expedient time possible and without unreasonable delay, consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system, and any other disclosures that may be required under applicable law.
We also take measures to delete your personal information or keep it in a form that does not permit identifying you when this information is no longer necessary for the purposes for which we process it, unless we are required by law to keep this information for a longer period. When determining the retention period, we take into account various criteria, such as the type of products and services requested by or provided to you, the nature and length of our relationship with you, possible re-enrollment with our products or services, the impact on the services we provide to you if we delete some information from or about you, mandatory retention periods provided by law and the statute of limitations.
Your personal information may be retained for as long as is reasonably necessary to perform the purposes listed under the "How Janus Use Personal Information" section.
Generally, upon the termination of these Terms your data will get deleted from active database during the next clean-up that occurs once in 6 months.
We retain personal information after we cease providing Services to you to the extent necessary to comply with our legal and regulatory obligations. We also retain personal information to comply with our tax, accounting, and financial reporting obligations, where we are required to retain the data due to our contractual commitments to our financial and business partners, and where data retention is mandated by the applicable laws. Where we retain data, we do so in accordance with any limitation periods and records retention obligations that are imposed by applicable law. Aggregated data is used by Janus for analysis, product improvement, and troubleshooting purposes.
The servers and databases in which information may be stored may be located outside the country from which you accessed our Services and, in a country where the data protection and other laws may differ from your country of residence. Your personal information may be disclosed in response to inquiries or requests from government authorities or to respond to judicial processes in the countries in which we operate.
Some of your personal data may be transferred, stored, and/or processed outside of European Union and UK as our Sub-processors sometimes operate from outside of these jurisdictions.
In some cases, when Janus uses the Sub-processors who support Janus in its business activities, personal information may also be accessed or processed outside the EU and UK. When the personal information we collect is processed outside the EU or UK, we have obligations to ensure that personal information is only processed outside the EU or UK where the European Commission has decided that the territory in question ensures an adequate level of protection (known as a ‘whitelisted’ territory) or, in the absence of a decision by the European Commission, there are appropriate safeguards in place to protect your personal data.
For example, if your personal data is accessed or processed from a territory outside the EU that is not whitelisted, the appropriate safeguards may be provided by standard data protection clauses adopted by the European Commission (known as ‘standard contractual clauses).
We will only transfer your data outside of the UK and the EU in compliance with data protection laws and provided appropriate or suitable safeguards are in place to protect your data, Standard Contractual Clauses.
Personal information may be stored and processed in any country where we have operations or where we engage Service Providers. We may transfer personal information that we maintain about you to recipients in countries other than the country in which the personal information was originally collected, including to the United States. Those countries may have data protection rules that are different from those of your country. However, we will take measures to ensure that any such transfers comply with applicable data protection laws and that your personal information remains protected to the standards described in this Policy. In certain circumstances, courts, law enforcement agencies, regulatory agencies, or security authorities in those other countries may be entitled to access your personal information.
The Services are not directed to individuals under the age of eighteen (18), and they shall not provide personal information through the Services. If you have reason to believe that anyone under the age of 18 has provided us with any personal information, please contact us.
We may change this Policy from time to time in response to changing legal, technical or business developments. Any changes are effective when we post the revised Policy on the Website. When we update our Privacy Policy, we will take appropriate measures to inform you, consistent with the significance of the changes we make. We will obtain your consent to any material Privacy Policy changes if and where this is required by applicable data protection laws. You can see when this Privacy Policy was last updated by checking the “lastly revised” date displayed at the top of this Privacy Policy.
The Website may provide the ability to connect to other sites, apps, contents. These may operate independently from us and may have their own privacy notices or policies, which we strongly suggest you review. If any linked site is not owned or controlled by us, we are not responsible for its content, any use of the website, app or the privacy practices of the operator of the website, app.
Cookies are small text files stored in a computer’s web browser memory. They help website providers to understand how people use a website, remember a user’s login details, and store website preferences. This article explains how we use cookies and other similar technologies to help us ensure that our Services function properly, prevent fraud and other harm, and analyze and improve the Services in accordance with our Policy.
a. How We Use Cookies
Cookies play an important role in helping us provide effective and secure Services. We use cookies on our Website. We change the cookies periodically as we improve our Services or add new service; however, we generally use cookies for the following purposes:
To Operate Our Services: Some cookies are essential to the operation of our Website. We use those cookies in several different ways, including:
To Analyze and Improve Our Services: Cookies help us understand how to make our Website work better for you. Cookies tell us how people reach our Website, and they give us insights into improvements or enhancements we need to make to our Website.
For Better Advertising: Cookies can help us provide more effective advertising on our Website. For example, we might use a cookie to help prevent you from seeing the same advertisement multiple times or to measure how many times an advertisement is viewed or clicked on.
b. How We Use Other Technologies
Third Party Analytics: We use Google Analytics, which uses cookies and similar technologies, to collect and analyze information about the use of the Services and report on activities and trends. This service may also collect information regarding the use of other sites, apps, and online resources. You can learn about Google’s practices on its website. Please refer to the table below for more on how we use third-party analytics.
c. What types of Cookies does Janus use?
Cookies can either be session cookies or persistent cookies. A session cookie expires automatically when you close your browser. A persistent cookie will remain until it expires, or you delete your cookies. Expiration dates are set in the cookies themselves; some may expire after a few minutes while others may expire after multiple years. Cookies placed by the website you’re visiting are called “first party cookies".
Below is a detailed list of the cookies we use on our Website. Our sites are scanned with our cookie scanning tool regularly to maintain a list as accurate as possible. We classify cookies in the following categories:
Type of Cookie | Functions | Do these cookies collect/identify my personal information? |
Essential | These cookies are necessary for our Website to work as expected, especially remembering actions when returning to previous pages within the same session. If you remove or disable these cookies, we cannot guarantee that you will be able to use our sites. | Information stored by these cookies cannot personally identify you as a disclosure of your identity. |
Performance | These cookies help us to find out the users’ interaction with sites, by reporting us information about frequently visited tabs, total time spent and error messages, which users encounter. | Information stored by these cookies cannot identify you personally, as a disclosure of your identity. |
Functional/Preference | These cookies allow us to remember the choices made by you (such as your username or region) as well as other functionalities (such as controlling the cookie banner, redirection to a new page) in order to provide a more personalized online experience. These preferences are remembered (through the use of persistent cookies) so that you need not set them again the next time you visit the page. | These cookies collect information about user behavior anonymously and this information is used for reporting purposes for the development of the sites. |
Analytics | These cookies help us improve the way our sites work (e.g. by ensuring that users are finding what they are looking for easily). These track information about visits to the sites so that we can make improvements and report our performance. For example: analyze visitor and user behavior so as to provide more relevant content or suggest certain activities. These cookies also collect information about how visitors use the sites, which site the user came from, the number of each user’s visits, and how long the user stays on the sites. We might also use analytics cookies to test new pages or features to see how users react to them. | These cookies collect information about user behavior anonymously, and this information is used for reporting purposes for the development of the sites. |
Targeting/Advertising | These cookies may be used to provide personalized contents through interests of users, along with the restriction of contents, which have already been provided. | Information stored by these cookies may contain personally identifiable information, which can be accessed by tracking of users’ IP Addresses. |
d. First Party Cookies
First party cookies are used in our Website with the purposes stated above. First party cookies have significant importance for your usage of Website provided by Janus. In case of a deactivation or erasing activity on such cookies, you may lack of some basic functions relevant to the Website.
First Party Cookies We Use
Cookie Name | Categories of Cookie | Retention Period |
---|---|---|
__cuid | Essential | 1 year 1 month 4 days |
_ga | Performance | 1 year 1 month 4 days |
_ga_0YQC837CQB | ### | 1 year 1 month 4 days |
amp_fef1e8 | Analytics | 1 year |
e. Third Party Cookies
When you visit some of our webpages that contain embedded content hosted on a third-party platform, these third parties set cookies on your browser. We always opt for the most privacy-friendly options provided by these parties; however these are not controlled by us. If you do not want these parties to set cookies on your browser on visiting our site, you should avoid visiting webpages that contain such embeds.
Third Party Cookies Embedded on Our Sites
Cookie Name | Cookie Provider | Categories of Cookie | Retention Period |
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How to Manage Cookies
Your web browser may allow you to change your cookie preferences, including deleting and disable cookies. Please consult the help section of your web browser to understand your options, but please note that if you choose to disable the cookies, some features of our Website may not operate as intended.
Cookie Preference Manager
You can manage your cookie preference anytime by clicking on `Manage Cookie Preference` at the cookie plugin via the Cookie icon that appears at the left bottom most corner of the webpages.
Browser Settings
Your web browser may allow you to change your cookie preferences, including deleting and disable cookies. Please consult the “help” section of your web browser to understand your options, but please note that if you choose to disable the cookies, some features of our Website, or related services may not operate as intended. Therefore, if you limit the ability of websites to set cookies, you may worsen your overall user experience, since it will no longer be personalized to you. It may also stop you from saving customized settings like login information.
Browser manufacturers provide help pages relating to cookie management in their products. Please see below for more information.
g. Disclaimer
As Janus, we may deactivate, erase or modify the cookies used in our sites; or we may add new cookies to the sites. We may update this Cookie Notice from time to time in order to reflect, for example, changes to the cookies we use or for other operational, legal or regulatory reasons. Please therefore re-visit this Notice regularly to stay informed about our use of cookies and related technologies. You may access the last update date on the top of the page. For more information relating to cookies, you may contact us at ###.
Janus focuses on multinational compliance regulations including the GDPR and CCPA to make sure privacy is a “go-to” rather than a thing to be worried. You have the right to request further information on our personal data processing activities based on your country's laws.
If you have any questions or complaints about this Policy, or if you wish to exercise your rights under applicable data protection laws, please feel free to contact us by;