JoyMaker Privacy Policies

December 12, 2024

 

  1. About the Privacy Policies.

Thank you for using our products and services.
The Privacy Policies describes the privacy practices of JOY YOU Hong Kong Co., Limited and its Affiliates (collectively, “JoyMaker” or “we”). All capitalized terms used but not defined in the Privacy Policies have the same meaning(s) ascribed to them in the Terms of Services (“Terms”).

 The Privacy Policies do NOT apply to information collected by third parties, whether through any application or content (including advertising) that may link to or be accessible from or through our Services.

 

By accessing, registering with or using our Services, you agree to the Privacy Policies. If you do not agree with anything described in the Privacy Policies, please do NOT use our Services.  
We may make changes to the Privacy Policies from time to time (see Section Changes to Our Privacy Policies.), so please check the Policies periodically for updates. Your continued access or use of our Services after we revise the Privacy Policies is deemed as your acceptance of those changes.

 

  1. What Information We Collect.

We collect various information from and about users of our Services. The information we collect may include but is not limited to (1) information by which you may be personally identified (such as name, email address, and social media information) or any other identifier by which you may be contacted online or offline, (2) information about you but individually does not identify you; and (3) and information about your internet connection, the equipment, program or system used to access our Services, and usage details.

 

A. Information you provide to us.

We collect your personal information directly from you when you provide it to us. For example, we collect information you provide when you (1) register a JoyMaker account with us, (2) are approved to be a Creator for our Services (3) request rewards for the events, contests or activities in our Services (4) post your content or use social features of our Services (5) participate in a contest, promotion, or event organized by us, or (6) request further Services.

Information we collect may include the following:

         Your IP address, email address, phone number (if any), and JoyMaker’s Game ID (if any) and Game password (if any).

         Your social media account ID or channel ID.

         Your JoyMaker account information, including password and other login details.

         User profile information that you may provide for your profile (if any). 

         Your communications with others through our Services.

         Content or information that you post, publish or display on public areas of our Websites or Applications. 

         Records and copies of your correspondence if you contact us, and any other information you may provide when requesting our assistance or support.
 

In the course of accessing or using our Services, we may collect channel, video information, etc. based on your use of the YouTube API Services and in accordance with the YouTube API Services Terms of Use (https://developers.google.com/youtube/terms/api-services-terms-of-service), the Google API Services User Information Policies (https://developers.google.com/terms/api-services-user-data-Policies), and the Google Privacy Policies (https://www.google.com/policies/privacy). You can revoke access to these APIs through the Google Security Settings page (https://security.google.com/settings/security/permissions).

 

B. Information third parties provide to us.

We may receive or search for information about you from third-party partners and businesses when you apply to Creator.
Information from such third-party partners and businesses may include the following:

         Channel name;

         Channel photo;

         Channel contents;

         Subscriber count.

We may also merge the data received from the third parties with the personal information we collect and maintain about you in order to deliver personalized content (including advertisement), enhance your service experience, improve our Services and for other purposes disclosed in the Privacy Policies.

 

C. Information collected automatically.

When you access or use our Services, we may use data collection technologies to automatically collect certain information about you and your device.
Information we collect may include the following:

         Your IP address.

         Your country information.

         Technical data about your device, software, and system.

         Unique identifier assigned to you or your device, including JoyMaker ID and advertising ID.

         Details of your access and use of our Websites, Application, and other Services, including, Games accessed, Game progress and scores, Games and products purchased, pages visited and your interaction with online content (including advertisement).

         Geolocation, such as approximate location derived from IP address or meta data embedded in a photo or file that you may upload or share.

The information we collect automatically may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Services and to deliver a better and more personalized service.
 

Cookies and Tracking Technologies

A cookie is a small file stored on your computer or mobile device. We and third-party partners, such as analytics providers, advertising networks and other advertising service providers, use cookies and similar tracking technologies in our Services to collect information, help understand usage of our Services and personalize your experience. 

For example, we use:

* Security and Service Integrity Cookies: We use security-based cookies to ensure the security of our Services. We may, among other things, use the information obtained from our Security and Service Integrity Cookies to detect fraudulent or abusive activities, protect the safety of our users, and enforce our Terms of Service and other user agreements. These cookies are mandatory and cannot be blocked if you wish to use our Service.

* Performance and Functional Cookies: We use analytics and investigation cookies to collect information about how visitors use our Services, including our audience size, usage patterns, and the types of devices used. We may use the information to create aggregated and statistics reports and to assist in improving our Services. We also use feature tracking cookies to collect information about how our Services are performing. We may use the information to create reports and improve our Services.

* Advertising Cookies: We use advertising cookies to personalize the advertisements displayed to you on our Services and on third party websites and services.

It may be possible to refuse to accept cookies by activating the appropriate setting on your browser or smartphone. However, if you select the setting, you may be unable to access certain parts of our Services (see Section Your Choices About Our Collection, Use, and Disclosure of Your Information. for details).

  

  1. How We Use Your Information.

We use information we collect about you, including your personal information, to operate our business, improve our Services, and personalize your experience. We may also use the information for such other purposes as allowed by law. For example, we (or a third party on our behalf and under our instructions) may collect, process and use your information for such purposes including the following:

         Provide our Services, including our Services and other services, to you and personalize your service experience.

         Fulfill your orders, including purchase of our goods or service, and any other purpose for which you provide it.

         Set up and administer your account registered with us, and maintain your transaction records.

         Verify your identity.

         Identify the most suitable user to participate in a specific event, contest or activity.

         Provide you with customer and technical support when requested, and communicate with you about your account, purchases (if any), subscriptions or services.

         Send you offers, promotions, newsletters, and communication regarding our Services or related products.

         Display relevant advertisements tailored to your interests and preferences on our Services and elsewhere online across various sites and apps, and measure and analyze effectiveness of advertising, including third parties’ advertisements placed in our Services.

         Undertake research and analysis to develop and improve our Services.

         Monitor our Services, including our Websites, Applications, and networks, and operation thereof, and track purchases and usage information.

         Identify and fix bugs or program malfunctions.

         Detect and prevent cheating, fraud, malicious or illegal activity.

         Handle user complaints, investigate disputes, monitor and/or moderate chats, regulate player’s online behavior.

         Carry out our obligations and enforce our rights arising from any contracts entered between you and us.

         Enforce the legal terms governing your use of our Services.

         Other purposes you consent to when we request your information or when you use our Services.

         Any other purpose as we determine, at our sole discretion, to be necessary or required to ensure the safety and/or integrity of our users, employees, third parties, public, and/or our Services, or to comply with requirements of any applicable law.

 

Retention of your information. In general, we retain your personal information for as long as necessary to fulfill the purposes for which it was obtained and to provide our Services. We may retain your personal information even after you have closed your account with us or we have ceased providing services to you, if retention of your information is reasonably necessary for our legal or legitimate business reasons, such as to comply with our legal obligations, resolve disputes, prevent fraud or abuse, or enforce the Privacy Policies or our agreements.
We may also anonymize or aggregate the information we collect, and use or share such anonymized or aggregated information as permitted by applicable law.

  

  1. With Whom We May Share Your Information.

We may disclose aggregated information about our users that does not identify any individual or device, without restriction. In addition, we may disclose your personal information to the recipients below.

 Public: We may disclose the username and ID of certain users on our Websites, for example, the winners of a contest. But we will redact certain parts of the username and ID information. In addition, You agree that your information posted on or transmitted through our Services (collectively, User Content) are posted and transmitted to others at your own risk. We cannot control the actions of other users or third parties with whom you choose to share your User Content. Therefore, we cannot and do not guarantee that your User Content will not be viewed by unauthorized persons.

Our Subsidiaries and Affiliates: We may share your information with our Affiliates for the purposes described in the Privacy Policies.
Our Contractors and Service Providers:  We do provide some of our Services through contractual arrangements with contractors, services providers and other third parties we use to support our businesses. We will share your personal information with our service providers for all purposes described in the Privacy Policies (see Section How We Use Your Information.) and as reasonably necessary in order to provide the Services to you or to carry out your instruction. When our contractors and service providers collect or receive personal information, we require them keep personal information confidential and use it only on our behalf and for the purposes consistent with the Privacy Policies.
Advertising Partners: Our Services include third-party adverting partners’ tracking tools (e.g., cookie) which collect information about you and your use of our Services (such as your IP address, device identifier, pages visited, browser information, location, time of day, and advertisement clicked or viewed). Third-party advertising partners may use such data (and similar information collected from other websites) for the purposes of delivering targeted advertising to you. These companies may combine the information collected from our Websites and Applications with information they collected over time and across different platforms, and they may operate under their own privacy policies which differ from ours. See Section Third-Party Sites and Services Collecting Information. for additional details.
Other Business Partners:  We may share your information with third-party app stores, game platforms and other business partners with whom we offer Services to you.
Third-party plugin: Third-party social media features and tools integrated into our Services (such as Facebook “Like” button or “Share” button) are hosted by a third party, who may also collect information when you use our Services. These third-party features and tools are subject to the privacy Policies of the third party that provides it. 
Social features: When you use the social features of our Services, your information, such as your username, profile, picture, Game progress and score, or any other information that you transmit or post using such social features, will be shared with your recipient or the public in general. For example, any information that you include in your public profile will be visible to others. In addition, you can post or display your content on public areas of our Services, such as player forums or bulletin boards, or a third-party social media network that you signed on.

 

Business Transfer: A business transaction includes but is not limited to a merger, acquisition, dissolution (including bankruptcy), change of control, or a sale of all or a portion of our assets, or businesses. If we undergo such transactions, including preparation of any of such transactions, we may share, disclose or transfer all of your information, including personal information, to the successor or assignee. Any third party to which we transfer or sell our assets will have the right to continue to use the personal and other information that you provide to us in the manner set out in the Privacy Policies.
With consent: With your express consent, we may share your information with other third parties for additional purposes. You agree to share your information with such third-party recipients, who may use your information subject to their respective privacy policies. 
Compliance with Law: We may also share your personal information when we determine that it is reasonably necessary (i) to comply with any legal obligation (for example, a court order or subpoena), (ii) to enforce our Terms and policies and/or any other agreements; or (iii) to protect the legitimate rights, property, or safety of us, our users, or others; or (iv) for other purposes as we reasonably believe are permitted by law or regulation.  We fully cooperate with law enforcement agencies in identifying those who use our Services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.

 

  1. Third-Party Sites and Services Collecting Information.

Our Services may contain links to third-party sites or third-party services. These third-parties may have privacy policies and data practices different from ours. We do not control and are not responsible for the privacy policies or practices of such third-party sites or services. You should consult the privacy policies of each third-party site or service before using them.
In addition, when you use our Services, certain third parties, such as advertisers, ad networks, and ad servers, analytic companies, may use automatic information collection technologies to collect information about you or your device. These third parties may use cookies and other tracking technologies to collect information about you when you use our services or when you view or click on advertisements. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps, and other online services. websites. They may use the information to provide you with interest-based (behavioral) advertising or other targeted content. 

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

  

  1. Your Choices About Our Collection, Use, and Disclosure of Your Information.

We strive to provide you with choices regarding our collection and use of your personal information. The specific choices available may vary depending on the Services you use.
Promotional messages from us. If you do not want us to use your contact information for marketing purposes, you can opt-out by contacting us via the means in Section How to Contact Us. You can also unsubscribe from our marketing communication by clicking the unsubscribe link provided in our email.
Tracking technologies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies or block the use of other tracking technologies, some parts of our Services may then be inaccessible or not function property.
Targeted advertising.  If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by taking one of the following actions:
 

         Websites: You can adjust your browser setting to limit certain online tracking, such as cookies. 
   * Chrome
   * Internet Explorer
   * Safari

         Applications: You can enable the “Opt out of interest-based ads” (Android) or “Limit Ad Tracking” (iOS) settings on your mobile device and reset your advertising identifier.
   * Android Chrome
   * iOS Safari

Google providers tools (Google Analytics opt-out browser) to allow you to opt out of the use of certain information collected by Google Analytics.

Residents in certain states and countries may have additional personal information rights and choices. Please see Section Your Privacy Rights. and other state or country specific notices provided in the Privacy Policies for more information.

  

  1. How We Keep Your Information Secure.

The security of your personal information is important to us. We maintain appropriate technical and physical safeguards to protect your personal information against unauthorized access, loss and misuse. We take commercially reasonable security measures to protect your personal information, including encryption of sensitive information, firewalls and IDS (intrusion detection system).
Although we take appropriate measures to safeguard against unauthorized disclosure or access of your information, no security measure is perfect. Thus, we cannot guarantee the security of your information. You hereby agree to use our Services at your own risk. We do not assume any responsibility for the unauthorized use or access of your information beyond our reasonable control.

  

  1. Children’s Privacy.

As used herein, the “child” or “children” means under the age of 18 (or other age as required by law), and the term “parent” includes legal guardians.
Our Services are intended for adults only. We do not knowingly collect, use or share any personal information about children without verifiable parental consent or as permitted by law. If you are a parent and you believe your child has provided us with personal information, you request your child’s information to be deleted from our system by contacting us by contacting us via the means in Section How to Contact Us.

 

If a user states that his/her age is under 18 (or the applicable age in the territory), we will seek consent from the child player’s parent before collecting personal information from that child user; except we may collect and use certain information from the child for limited purposes without obtaining parental consent where permitted to do so by law. 

Where a parent has provided consent, a child may be able to use our Services much like any other users, and we may collect from the child the same types of personal information, and use and share that information for the same purposes, as described in the Privacy Policies.  If we make any material changes in the way we process your child’s personal information, we will notify parents by email or by in-application/website notice to obtain verifiable parental consent for the new uses of your child’s personal information.

Parents can review the personal information we have collected from their child and request them to be deleted.  Parents can also revoke their previously provided consent to collection or use of the child’s information.  If you are a parent and wish to review, modify, or delete your child’s personal information, or withdraw consent, you may submit a request by contacting us via the means in Section How to Contact Us.

  

  1. Your Privacy Rights.

Consumer privacy laws may provide their residents with additional rights regarding their personal information. You may have the following rights depending on where you live.

         The right to access your personal information/ data portability. You may request, up to twice in a 12-month period, to access the personal information that we collected about you, including the categories of information and sources from which we collected it, the business purpose of using or sharing your information, and with whom we may share it. You may also request the specific pieces of personal information we collected about you in a commonly used and machine-readable format (also called a data portability request). Disclosure of certain information may be exempt under the applicable laws.

         The right to delete certain personal information. You may request that we delete your personal information subject to certain exceptions under the applicable laws. For example, we may deny your deletion request if retaining the information is necessary for us or our service providers to provide Services that you requested, protect against fraudulent or illegal activities, comply with a legal obligation or make other internal and lawful uses permitted under the law. We will delete personal information not subject to one of such exceptions from our records and will direct our service providers to take similar action. 

         The right to correct inaccuracies. You may request to correct any inaccurate or incomplete information that we have about you.

         The right to restrict certain processing. You may request the processing of your data be restricted under certain circumstances, such as when the accuracy of your data is disputed, the processing is unlawful, or you need the data for the exercise of defense of legal claims.

         The right to object. You may have the right to object to our processing of your personal data for direct marketing purposes or research or statistical purposes, or processing based on certain legal grounds such as processing necessary for our or a third party’s legitimate interest or performing a task in the public interests.

         The right to opt-out of automated individual decision-making, including profiling. Certain state residents have the right to opt-out of automated decision-making or profiling in furtherance of decision that produce legal or similarly significant effects. We currently do NOT engage in “profiling” with such purpose or effect.

         The right to opt-out of targeted advertising.  You may have the right to opt out of personal data processing for targeted advertising and sales under the laws of some states.  As explained in the Privacy Policies, certain information about you may be collected by or shared with our advertising partners for the purposes of delivering advertisements that may be more relevant or interest to you. You may opt out of such sharing and disable targeted advertising at any time by following the steps described in Section Your Choices About Our Collection, Use, and Disclosure of Your Information. or by submitting a request as directed below.

         The right to nondiscrimination. We will not discriminate against you for exercising any of your privacy rights.  Unless permitted by the law, we will not deny, or provide a different level or quality of goods or services for choosing to exercise such rights; however, provided that we may select the most suitable users to participate in a specific event, contest or activity based on your information.

         How to exercise your rights. You may also contact us with your personal information inquiries or for assistance in modifying or updating your personal information and exercising your rights. Our contact details are provided in the Section How to Contact Us.

Your request to access or delete your personal information must provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information. You do not need to create an account with us to submit a request to know or delete. However, we do consider requests made through your password-protected account sufficiently verified when the request relates to personal information associated with that specific account. For non-accountholders, we may verify by asking and confirming unique details we have about you or your device.
If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Authorized Agents. Only you, or someone legally authorized to act on your behalf, may exercise your rights.  If your agent submits a request to know or a request to delete, we may ask you to confirm directly with us your identity and your designated agent’s authority to submit the request for you unless you have provided your agent with a valid power of attorney duly executed under the law of your residence.

  

  1. Privacy Notice for California Residents.

The Privacy Notice for California Residents supplements the information contained in our Privacy Policies and applies solely to all visitors and users who reside in the State of California.

 A. Notice at Collection.

We collect your personal information and sensitive personal information to support our business operations, including the business purposes described in Section How We Use Your Information.
Depending on how consumers use our Services, we may collect the following categories of personal information from consumers in California.

         Identifiers, such as email address, IP address, social media account or channel ID, store account number or username, Game ID, and device identifier.

         Customer records, such as name, addresses, customer’s correspondences with us.

         Account details, including JoyMaker account information with password and other login details.

         Commercial information, including Games and products purchased, acquired or considered and other order, payment and transaction records.

         Internet or network activities, such as details of a user’s access and use of our Services, including, Games accessed, Game progress and scores, pages visited and a user’s interaction with online content.

         Geolocation data, such as approximate location derived from IP address or country code.

         Technical data about a user’s device, software, and system, including, device identifier, model, operating system, browser type, language setting, RAM, CPU, hard drive, storage device information, applications installed on the device, the device’s telephone number, browser type, language setting, and device event information, including crash reports and system activity details.

         User profile information (if any) that a user may provide. 

         Content and information that users post, publish or display on our Websites or Applications.

         Content of users’ text messages and chats with others through our Services.

         Inferences drawn from other personal information.

If you are California resident, we do not sell your personal information or share it with third parties for purpose of targeted advertising.


In general, we retain your personal information for as long as necessary to fulfill the purposes for which it was obtained and to provide our Services. We may retain your personal information even after you have closed your account with us or we have ceased providing Services to you, if retention of your information is reasonably necessary for our legal or legitimate business reasons.

 

B. Additional Information for California Residents.

Personal Information Categories. In the preceding 12 months, we have collected the same categories of personal information as described in the preceding Sectio10 A from California consumers when they used our Services (as defined in the Privacy Policies).
We obtained the categories of personal information listed above from the sources listed in Section What Information We Collect.
We may use or disclose the personal information we collect for one or more of the business purposes described in Section How We Use Your Information. 
Sharing of Personal Information. In the preceding 12 months, we have disclosed the following categories of personal information to the third party categories indicated in the chart below for one of the business purposes listed in Section How We Use Your Information. except for targeted advertising.  

Personal Information Categories

Category of Third-Party Recipients

  1. Identifiers

Subsidiaries and Affiliates 
Service providers, such as customer support, IT and cyber security providers.

  1. Customer records

Subsidiaries and Affiliates.
Service providers, such as customer support and IT providers.
Other business partners, such as third-party app stores, and game platforms.

  1. Account details

Subsidiaries and Affiliates. 

  1. Internet or network activities

Subsidiaries and Affiliates.
Service providers, such as customer support, IT and cyber security providers.

  1. Geolocation data

Service providers.

  1. Technical data about a user’s device, software and system

Subsidiaries and Affiliates.

  1. User profile information

To all with access to our Services

  1. User posted content

To all with access to our Services

  1. Content of users’ text messages and chats

Service providers, such as customer support providers.

See the preceding Section 10 A for full description of corresponding information categories.

 We have not sold or shared the personal information of California consumers for the purpose of targeted advertising in the preceding 12 months, and we do not have actual knowledge of any sale of personal information of California consumers under 16 years of age.

Sensitive Personal Information. Sensitive personal information is a subtype of personal information consisting of specific information categories. While we collect certain information that falls within the information categories, we use it only for the limited purposes that do not require us to offer you the option to limit our use of such information.
Your rights and choices. The California Consumer Privacy Act (“CCPA”) provides California residents with specific rights regarding their personal information. Such rights include among others (1) the right to access your personal information, (2) the right to delete certain personal information, (3) the right to correct inaccurate personal information, and (4) the right not to receive discriminatory treatment for exercising your privacy rights conferred by the CCPA. Please see Section Your Privacy Rights. to understand how to exercise the above rights.

 

C. Privacy Rights for California Minors. 

California residents under the age of 18 have the right to request removal of any content or information that he or she posted anywhere within our Services, such as public forum or message boards. You can make the request by contacting our customer services. Please be aware that the removal of your information or content may not be complete or comprehensive, and residual copies of such removed information or content may remain on our servers.  In addition, we are not obligated to remove any posted content or information that has been copied or reposted by a third party, that has been rendered anonymous, or that we are required to keep by law.

 

D. Other California Rights.  California’s ‘Shine the Light’ law (Civil Code §1798.83) permits California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us via email at mail@joymaker.club.
If you have any questions about the notice, please contact us by contacting our customer services or contact information provided in Section How to Contact Us.

  

  1. Additional Information for Nevada Residents.

Nevada provides its residents with a limited right to opt-out of certain personal information sales. Nevada residents who wish to exercise the sale opt-out rights may submit a request to opt out by emailing us at mail@joymaker.club. However, please note that we currently do not sell data triggering that statute’s opt-out requirements.

 

  1. Additional Information for EEA and UK Residents.

Legal basis for processing your personal information. If you reside in the European Economic Area (“EEA”) or UK (or a country with similar legal requirements), please stop accessing or using our Services immediately.

 

  1. Where We Hold Your Information.

Your personal information may be transferred to, and stored at, a destination outside of your country or jurisdiction, including but not limited to our data center in Singapore. It may also be processed by personnel of our Affiliates and third-party service provider who may operate outside of your country or jurisdiction. In such case, we will take reasonable steps to require such third party in possession of your personal information to take commercially reasonable security measures to protect the information. On the other hand, the data and privacy protection laws of other countries may not be as comprehensive as those laws in your country of residence.  By using our Services, you consent to your personal information for smooth use and provision of Services being transferred to recipients in other countries’ networks and being stored and processed in the servers located in other countries.

 

  1. Changes to Our Privacy Policies.

From time to time, we may update the Privacy Policies to clarify our practices or to reflect new or different privacy practices, such as when we add new features. We reserve the right to modify and/or make changes to the Privacy Policies at any time.

If we make any material change, we will notify you by appropriate means of notice if we are required by applicable laws. Changes to the Privacy Policies will take effect immediately upon posting on our Website unless we state otherwise in writing. We may update the Privacy Policies from time to time, so you should review the Privacy Policies regularly to ensure you are familiar with any change to it.  Your continued access or use of our Services, including any of Services available through any third-party platforms, after the effective date of the Policies update will be deemed an acceptance of and an agreement to the Privacy Policies as changed.
  

  1. How to Contact Us.

If you have a question about the Privacy Policies or any of our privacy practices, you can contact us by one of the following methods.

         E-mail: mail@joymaker.club