Last updated: February 1st 2022

Overview:

1. This document explains what data is collected in connection with Kojima Productions Co., Ltd. (“KJP”) services provided through kojimaproductions.jp (the “Website”).
2. It also explains how we use that data, where we store it, and how we protect it.
3. In short:
   • In order for you to use our services we need to process some of your data.
   • Some partners help us in developing our services and we may share limited data with them.
   • We will not share your data for third party advertising purposes.
4. Finally, it explains your rights in relation to your personal data.

This Privacy Policy is where we explain how your personal data is collected, stored or used, and what happens to it when you're using KJP services. You will need to agree to this Privacy Policy before you use a KJP service for the first time. If you have any questions you can contact us at contact@kojimaproductions.jp

1. WHO WE ARE

1.1 We are Kojima Productions Co., Ltd., a corporation incorporated in Japan. Hereinafter, we will call ourselves “KJP.” You may contact us via email at webinquiry@kojimaproductions.jp or by mail: Kojima Productions Co., Ltd., Shinagawa Season Terrace, 1-2-70 Konan, Minato-ku, Tokyo, 108-0075, Japan

1.2 For residents of the European Economic Area (“EEA”), we have a designated representative who is responsible for the oversight and implementation of the data protection strategy and ensures compliance with necessary legal requirements. You can contact our representative at the following email address: webinquiry@kojimaproductions.jp

 

2 WHAT THIS PRIVACY POLICY GOVERNS

2.1 This Privacy Policy applies to the Website and all forums, social media channels, customer and technical support, and any other services we provide to you through the Website (Hereafter referred to as “KJP services”).

2.2 Specifically, this Privacy Policy governs personal data (or, as called in Japan, “personally identifiable information”) and non-personal data (or, as called in Japan, “non-personally identifiable information”), which we collect from you when you're using KJP services. (“Personal data” means data, which, on its own or in combination with other data, can be used to identify you).

2.3 We respect your right to privacy and will only process personal data in accordance with applicable legislation in the United States, EU, UK, and other countries where we offer our services.

2.4 This Privacy Policy does not apply to information:

• we collect offline or through any other means, including on any other website operated by us or any third party; or
• collected by any third party, including through any application or content (including advertising) that may link to or be accessible from the KJP services.

3 PROTECTING CHILDREN

3.1 We recognize we have a special obligation to protect personal data obtained from children. We do not and will not knowingly collect personal data from any child under 18 without consent from their parent or guardian. If you are a parent or guardian and are concerned about the transfer of personal data about your child, please contact webinquiry@kojimaproductions.jp

 

4 INFORMATION WE COLLECT

4.1 When you use KJP services, we may collect the following data if relevant (how we use it is described later in this document):

1. Your email address;
2. Your IP address;
3. Details of your use of our services including, but not limited to: type of browser, device and operating system used to access the site, metrics data about when and how you use the services; traffic data; and your geographical location data;
4. Any other data which you supply us via our services.

4.3 If you contact our technical support (directly or using crash reporting functionalities in our services), we may process other data required to help you with any queries or support matters, such as data collected in crash logs that are gathered by your device or the technical parameters of the device you use to play.

4.4 For the purposes of events and competitions organized by KJP, we may process your address, phone number, social networks identifiers, image, and bank account number.

4.5 We may also collect some non-personal data about our users (such as statistical information on usage of our services and information on devices used to connect to them) in order to better understand how our services are used and to improve them based on this knowledge.

4.6 In order to use our services, we need to process the data described above. In case you do not agree to provide us with the above-mentioned data, you will not be able to use our services.

4.7 Cookies. We and our partners may from time to time collect data about you via cookies. You can find out more about this in our Cookie Policy here.  

5 HOW DATA ABOUT YOU IS COLLECTED

5.1 We may collect and process data about you in the following ways:

• data you provide to us by using KJP services;
• data you provide to us when you contact us or report a problem with KJP services;
• data about your activity as a user of KJP services (including, but not limited to your IP address, country of origin, purchases) that is collected automatically when you use KJP services;

we may also ask you to complete surveys that we use for research purposes. However, your response to surveys is not required. We may collect this data via KJP services or trusted partners connected with us for optional services such as surveys or polls.

5.2 Payment Information: We will not collect or store any of your payment information. Payment information is fully handled by third-party payment platforms and/or payment methods/processors. If/when you make any purchases in KJP services, we are notified by the payment processor once the transaction takes place and then ensure you receive your purchase. We do not, however, receive any of your actual payment details. We only keep the data concerning transaction dates, currencies, value, and the products of transactions. Please review the privacy policies of the payment processors you use as their privacy policies govern the collection and use of your payment information.

6 WHY DO WE USE YOUR DATA (LEGAL BASIS FOR DATA PROCESSING)

6.1 When we process personal data about you, we do so only as necessary to provide the KJP services you use (i.e. to perform the agreement between us), to meet our legal obligations, to fulfil the “legitimate interests” of KJP, or for other reasons described in the section “How is Your Information Used?” below.

To clarify, by legitimate interests we mean lawful purposes that could be reasonably expected (protecting the security of the data we process, marketing KJP services as well as ensuring our marketing is relevant for you, conducting anti-cheat analysis and anti-fraud checks). When we rely on a legitimate interest, we consider and balance any potential impact on you and your rights. For other purposes, we will ask for your consent and you will be entitled to withdraw this consent at any time with no impact on the validity of the processing before your consent has been withdrawn.

6.2 When we transfer your data outside the country where your data is stored, we do so on the basis of a variety of legal mechanisms, as described in the section “Our Trusted Partners.”

7 HOW DO WE HANDLE YOUR PERSONAL INFORMATION

7.1 Where do we store it? The data we collect from you is stored on our secure servers in Japan or – only if necessary - by those of our trusted partners as described below. We implement appropriate technical and organizational measures to protect your personal data against unauthorized or unlawful processing, accidental loss, destruction or damage. We will take all reasonably necessary steps to ensure that your data is treated securely and in accordance with this Privacy Policy.

7.2 How long are we going to store your data? We will retain your personal data only for as long as needed in order to fulfill the purposes outlined in this Privacy Policy. In certain special cases, a longer retention period might be required by law, such as for tax reasons, accounting purposes, or other legal requirements and obligations. When we no longer require your personal information in order to provide our game-related services to you, we will either delete it or anonymize it, except that:

• we will keep data that is associated with the KJP services you use for the duration of the agreement between you and KJP to access the KJP services. Following your account closure, limited data that we collect about you will still be retained for an additional few years for tax, legal or accounting purposes;
• if you contact us and don’t use our services, we will retain correspondence with you as long as necessary to assist you, followed by a period necessary for legal or accountability purposes; and
• for marketing purposes, we will store data as long as we have valid consent. If you withdraw consent, we will stop using your personal information no later than 30 days after the moment we receive a request to unsubscribe.

8 HOW IS YOUR INFORMATION USED?
In general, we will store your data while you use our services. After that we may still use limited data about you for tax, legal, or accounting reasons.

8.1 Your data may be used for the following purposes:

• To carry out our obligations arising from any agreements between you and us.
• To provide you with marketing information (including personalized and targeted marketing emails), which we feel may interest you. For example, we may send you newsletters or emails about KJP services (of course, this is optional and we will ask you for permission first).
• To provide you with products or services that you request from us.
• To communicate with the users of our services.
• To allow you to participate in interactive features of KJP services when you choose to do so.
• To notify you about changes to KJP services.
• To maintain, improve or modify KJP services.
• To conduct competitions organized by KJP (including contact with participants, evaluation of applications, distribution of prizes, payment of tax on prizes).
• For accountability purposes as defined by EU legislation (GDPR).
• To target and personalize our marketing communications, offers, and advertisements that we display on our websites and services as well as those of third parties based on the combined data we have collected about you.

8.2 Whenever we’re personalizing or targeting our marketing communications offers, and advertisements, we may profile your personal data, which means that we may use the data we collect to adjust the communication addressed to you to meet your needs. In such cases, we do not, however, use your personal data for profiling, which would constitute automated decision-making that could affect your legal situation (i.e. we do not use algorithms to make decisions which would have an impact on your individual legal rights or affect your legal status or rights under the agreement between us. For example, we do not make automatic offers based on your behavior).

• If you decide that you no longer want to receive personalized offers, product recommendations from us, or any advertising news at all, you can object to this service at any time.

8.3 We might process some aggregated and general non-personal data on user behavior (e.g. sales per region) with third-party partners who work with us to provide KJP services to you (for example, with payment providers) in order to support, improve or amend KJP services. We may also share non-personal data with data analysis services to help us run KJP services.

9 DATA SHARING
When you’re using KJP services you have the option to share your own personal data with others or publicly. But be aware that you are responsible for this type of data sharing.

9.1 Any communications you have via KJP services (e.g. via private messages or KJP forums or via social media) may reveal details about you. Also, any data you post publicly using KJP services will be publicly available to KJP users and others. We are not responsible for your use of any private personal data which you choose to make available via KJP services, or the activities of other users or other third parties to whom you give or make available your data.

10 THIRD PARTY INFORMATION COLLECTION AND EXTERNAL SERVICES

10.1 KJP services may, from time to time, contain links to and from the websites or services of third parties. Our Privacy Policy does not extend to these external sites or companies, so please refer directly to their privacy policies.

10.2 Some services may involve interacting with trusted partners of KJP. For example, you could set up an account to access our partners’ services. In order to do this, we may need to share some of your personal data with our trusted partners.

DotDigital is the platform we use for the distribution of newsletters. DotDigital is a third-party data processor that is EU-U.S. Privacy Shield Certified. Read more about DotDigital’s Privacy Policy here.

11 OUR TRUSTED PARTNERS
We provide some services via trusted partners. If you request these services, we will share some data with them.

11.1 We may share your data with the following trusted partners, who were engaged by us to help deliver our services and functionalities to you. We provide our partners with the minimum data necessary for them to achieve the purpose of their cooperation with us. They may have access to limited data about you and process it on our behalf for the purposes set out below (they are formally called “Data Processors”):

• Our partners, including Sony Interactive Entertainment and Indigo Pearl (PXN) who provide us with internal management and data-sharing tools;
• Our partners who help us in data analysis by providing us with analytical tools;
• Our partners who help us manage our newsletters and email communications by providing us with email marketing tools;
• Our professional advisors who assist with legal, tax, audit or accounting matters;
• Advertising partners for the purpose of personalized and targeted marketing (for example, to inform via advertisements on websites you visit about our services you may enjoy).

11.2 When required by law, we may also share your data with the police or other government authorities (including your IP address and details of suspected unlawful or fraudulent activity such as unauthorized use of payment methods and security risk scores).

11.3 Your data may be processed, stored and transferred to countries outside your country of residence, including for residents of the EEA, beyond the EEA, such as Japan, Switzerland or the United States, and vice versa. Privacy laws in these countries may not offer the same level of protection as in the EEA. Therefore, whenever we share your personal data outside the EEA, we will do so on the basis of EU standard contractual clauses, which are lawful measures to transfer your data and establish adequate protection of your personal data.

12 OTHER THIRD PARTIES WE MAY SHARE INFORMATION WITH
For residents of Europe, whenever we share your personal data outside Europe, we make sure that the data is duly protected.

12.1 Please be aware that we are subject to various laws and may be required to release personal data to comply with law enforcement and other legal requirements.

12.2 In the unlikely event of a reorganization or merger of KJP we may transfer personal data to an involved third party who will protect your personal data to at least the same level as we do in this privacy policy.

13 YOUR RIGHTS

13.1 You have the right to object to the processing of your personal data in certain situations and for marketing purposes at any time. You can do so by contacting us at: webinquiry@kojimaproductions.jp

13.2 You have the following additional rights:

• You have the right to access data held about you;
• You may contact us to request that we delete your personal data from our system;
• You may ask us to rectify/correct your personal data, if appropriate;
• You may ask us to restrict the processing of your data;
• You have the right to data portability – to receive your personal information in a structured, standard, readable format and to transfer your data to another entity; and
• You have the right to file a complaint with a data protection authority.

You can exercise these rights by contacting us at webinquiry@kojimaproductions.jp

13.3 In case of any concerns or questions about your privacy, please contact us and we will do our best to assist you. You can reach us at: webinquiry@kojimaproductions.jp If, however, you feel we have not satisfactorily dealt with your concern, you can report it to your local data protection authority.

13.4 Under California law, California residents who have an established business relationship with us may choose to opt out of disclosure of personal information data about them to third parties for direct marketing purposes.

13.5 If you would like to exercise any of these rights or have any queries regarding them, contact: webinquiry@kojimaproductions.jp

14 CHANGES TO THIS PRIVACY POLICY

14.1 We may change this privacy policy if we deem it necessary, such as for legal reasons or to reflect changes in the KJP services. If we do so, we will make the altered Privacy Policy available online and update the “Last Updated” date.

14.2 Once we change the Privacy Policy, it will become legally binding on you 30 days after we post it online. During that period, you are welcome to contact us if you have specific questions about the changes.

14.3 If you don’t agree to those changes (regardless of whether you email us), you must cease using the KJP services.

Last updated: February 1, 2022

We are Kojima Productions Co., Ltd. (“KJP”) and we make video games. In order to use our games and services, we have some rules about what you can and can't do. This User Agreement explains your rights and obligations as a user of the KJP services.

1 ABOUT THIS AGREEMENT

1.1 This Agreement is a legally binding contract between you and Kojima Productions Co., Ltd., a corporation incorporated in Japan. Hereinafter, we will call ourselves “KJP.” You may contact us via email at webinquiry@kojimaproductions.jp or by mail: Kojima Productions Co., Ltd., Shinagawa Season Terrace, 1-2-70 Konan, Minato-ku, Tokyo, 108-0075, Japan, Attention:Website Inquiry Team. This Agreement applies to any KJP websites, games, forums, wikis, blogs, social media accounts, customer and technical support and any other services we provide to you (which we'll call the "KJP services"). It is binding on you and us once you use any KJP services.

Important: please also make sure you read our game/service specific rules (which explain in more detail the legal rules for specific games or services) and our privacy policy, which form part of this Agreement.

2 USING KJP SERVICES

2.1 We give you the personal right (known legally as a 'license') to download, install, play and use the KJP services. This license is for your personal use only (so you can't give a sublicense to someone else) and doesn't give you ownership rights.

3 KJP BETA ACCESS

3.1 We may release 'beta' versions of KJP services before their full commercial release. If so:

• your access to the beta will usually be time-limited and there may be some additional contract terms;
• you will probably be asked to participate in a feedback process in which you can offer information about how the beta works;
• the beta software will be provided 'as is' without any additional promises from us or any liability on us if the software isn't complete or doesn't work fully or causes issues; and
• the game or service may have specific legal rules of its own for its beta.

4 SYSTEM REQUIREMENTS

4.1 Each KJP service will explain any specific system requirements needed for you to use it. Please ensure your system meets these requirements. Online elements of the KJP services may require Internet access. We do not include any DRM in our games, but some console/device manufacturers use security technology, which is outside of our control. If the game or service require Internet access please make sure that you have the means to do so.

5 PATCHES, UPDATES AND CHANGES

5.1 Occasionally we may need to patch or update the KJP services (for example to add or remove features or to resolve software bugs). We need these rights in order to keep our the KJP services running efficiently.

6 OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS

6.1 The KJP services, including (but not limited to) their graphics, computer code, user interface, look and feel, audio, video, text, layout, databases, data and all other content and all legal and exploitation rights regarding them, are either owned by us or we license them from third parties. All rights are reserved except as we have explained in this Agreement. You may not use or exploit any part of the KJP services except as explained in this Agreement.

7 WHAT YOU CAN'T DO WITH KJP SERVICES

7.1 Your use of the KJP services is subject to the following rules:

• Only use the KJP services for your personal enjoyment (for example, don't use them to make money – with an exception for monetizing fan work on video-sharing websites – more about this exception in Section 10 of this Agreement).
• Unless you have prior KJP’s prior written consent, you may not modify, merge, distribute, translate, reverse engineer, decompile, disassemble the KJP services unless you’re allowed to under this Agreement, the applicable rules of the specific KJP service or by the laws of your country.
• Don't hack, harm, grief or misuse the KJP services, as determined in KJP’s sole discretion.
• Don't interfere with any KJP or third-party network software, including via tunnelling, code injection, modifying or changing the software, using any other similar software together with KJP software, through protocol emulation, or through creation or use of private servers regarding the KJP services.
• Don't copy, rent, lend, lease, sublicense, distribute, publicly display any of the KJP services.
• Don't do or say anything that is or may be considered racist, xenophobic, sexist, defamatory or otherwise offensive or illegal. Be nice to each other, please!

Each of our games has its own legal rules which supplement this Agreement. Check them to find out more about what you may or may not do with a given KJP service.

8 USER GENERATED CONTENT

8.1 This section is about the content (e.g. text, photos or links), which you make available either to us or to other KJP users (for example through forum messages to other KJP users) or any other content which you create using KJP content. We'll call this "User Generated Content". Please remember that the KJP services may have additional separate legal rules specifying your rights and obligations with respect to relevant User Generated Content.

8.2 As far as we are concerned, you own any User Generated Content you create, but you hereby agree to give us certain rights over it so that we can actually transmit it through the KJP services. So, when you make your User Generated Content available through any KJP service you give us a non-exclusive, irrevocable license to use, modify, reproduce, create derivative works from, distribute, transmit, communicate and publicly display and/or perform your User Generated Content in connection with the KJP services.

8.3 It is your responsibility to make sure that you have all necessary legal rights before you use User Generated Content and for checking they are safe to use. We can't know that ourselves, and we can't check it for you, so we rely on you.

8.4 If you create your User Generated Content using any graphics, audio, video, text, gameplay, features, characters, settings or any other content from the KJP services, you may use and share it for personal enjoyment, but you may not: (i) use or distribute it for money or any commercial purpose; or (ii) place it in third-party games or services or standalone products of any kind without our prior written consent (which you can request at Website Inquiry Team). Please note we reserve the right to review each request and accept or reject it in our sole discretion.

9 FEEDBACK OR SUGGESTIONS

9.1 You are welcome to give us feedback and suggestions to improve the KJP services. In such case contact us at webinquiry@kojimaproductions.jp However, just so we’re clear, we don’t have to use or accept them and we won’t owe you anything (financially or otherwise) regarding them.

10 USING KJP SERVICES IN FAN WORK

10.1 We give you permission to create fan work regarding the KJP services, unless our legal rules for a game in question say differently. You do not need our permission to monetize use of such fan work on video-sharing websites. Please remember that you are responsible for your fan works (especially any content which you make or which involves third parties). Please also remember our rules regarding User Generated Content above.

11 THIRD PARTY CONTENT AND EXTERNAL SERVICES

11.1 You might get links from us to third party websites or content through the KJP services. Using them is up to you. We cannot promise they will work, what they will be like, or if they are free.

12 WARRANTIES AND LIABILITY REGARDING THE KJP SERVICES

12.1 We work hard to try to make the KJP services work on your systems but we only have limited time to carry out tests and we don't always get everything right. Therefore, you agree that we do not and will not have any liability or responsibility if the KJP services do not work fully or completely. Also, you agree that we are not responsible or liable for anything that happens to the KJP services, which is outside of our reasonable control.

13 TERMINATION

13.1 We may cancel or suspend your access to the KJP services if you ‘materially breach’ this Agreement. We'll try reasonably to contact you to explain why we have done this and what (if anything) you can do as a result. It seems very unlikely, but if we have to stop providing access to any KJP services permanently (not because of any breach by you), we will try to give you at least sixty (60) days advance notice by sending a note from webinquiry@kojimaproductions.jp Attention:  Website Inquiry Team

13.2 If we cease providing any KJP services, or if your use of them is cancelled or suspended (either because of us or you), we will not have any future liability or obligations or to you.

14 FORCE MAJEURE

14.1 We will not be liable for any failure to perform any obligation under this Agreement or to provide access to the KJP services if that failure is caused by the happening of any unforeseen event beyond our reasonable control including without limitation, Internet outages, communications outages, fire, flood, war or act of God.

15 GOVERNING LAW

15.1 You and we agree that your use of the KJP services, and this Agreement, will be governed by and interpreted according to the laws of Japan and the Tokyo District Court shall have exclusive jurisdiction as the court of first instance with respect to any dispute that arises between you and us in relation to this Agreement or the KJP services.

16 OTHER LEGAL STUFF

16.1 If any part of this Agreement is found not to be legally enforceable, this will not affect any other part of it.

16.2 This Agreement, the KJP Privacy Policy and the rules for the specific KJP service constitute the entire agreement between you and us regarding this Agreement and such KJP service and supersede any earlier oral or written agreements.

16.3 This Agreement governs our relationship with you (and vice versa). It does not create any rights for anyone else.

16.4 Please remember that we are subject to various laws and we may be required to comply with law enforcement or other legal requirements.

17 CHANGES TO THIS AGREEMENT

17.1 We may change this Agreement as we deem necessary. If so, we will make the changed Agreement available online and make reasonable efforts to tell you about it.

17.2 Once we change the Agreement, it will become legally binding on you 30 days after we post it online. During that period, you're welcome to contact us at webinquiry@kojimaproductions.jp if you have specific questions about the changes.

17.3 If you don't agree to those changes (regardless of whether you email us), then unfortunately you must cease using the KJP services. We're sorry we have to say that, but we hope you'll appreciate that for the KJP services to work properly, we need to have everyone using them under the same rules instead of different people having different rules. That's why we encourage you to get in contact if you have questions or concerns.