Privacy Policy


 

Last modified and effective date: May 25, 2018

 

HELM-Systems, LLC (“HELM-Systems”) provides this Privacy Policy to inform you of our policies and procedures pertaining to the collection, use and disclosure of information through www.thesoulkeeper.com (individually, the “Site”) or through The SoulKeeper VR (collectively the “Services”).

 

By accessing or using the Services, you consent to the policies and procedures described in this Privacy Policy. Features or services referenced in this Privacy Policy may not be offered at all times. Please also review our Terms of Service.

 

The terms "We," "Us," and "Our" includes HELM-Systems and its affiliates.

 

“Users” of the site is defined as anyone utilizing the Services.

 

 

 

1. Information we collect.

 

Personal Information: While using the Services, we may collect information that identifies you as a specific person and can be used to identify or contact you ("Personal Information") in the form of email addresses, names phone numbers or physical addresses and similar contact info.

Non-Identifying Information: We may collect other information, including but not limited to demographic data, information regarding your Site usage, and data regarding your usage of any of the Services ("Non-Identifying Information"). Usernames will be considered to be Non-Identifying Information. We may aggregate information collected from registered and non-registered Site users ("Site Users"). Usernames may be publically viewable on the Site and viewable by other Site Users.

Combination of Personal and Non-Identifying Information: We may combine your Personal Information with Non-Identifying Information. The combination of such information will be treated as Personal Information.

2. How we collect information.

HELM-Systems collects information from Users automatically by using:

  • Cookies: We, our affiliates, and service providers may use "cookies" to collect information. A cookie is a small text file that remains on your computer or other device to help us track your movement within the site, help you resume where you left off, and remember your login information. We may also use cookies for other purposes to enhance your experience with the Site. Certain browsers allow its users not to accept cookies. However, ceasing to accept cookies from the Site may result in a loss of functionality of the Site.

 

  • Embedded Scripts: We, our affiliates, and service providers may use an “Embedded Script" to collect information. An Embedded Script is programming code that collects information about how you interact with the Site. The code is downloaded onto your computer or other device and is deactivated or deleted upon disconnecting from the Site.

HELM-Systems may also use other methods and technologies that collect similar information. We may use third parties to perform these services on our behalf.

User Profiles

If you use our Site, you will have an opportunity to create a user profile (“Profile”), which may include Personal Information, feedback, reviews, ratings, and other information, including your username. All information in your Profile may be visible to all Users. Creating a Profile requires the creation of a username and password as well as an email address (which is strictly used for the purposes of recovering your account if you forget your password). Any other information that is entered into your Profile, including Personal Information, is at the complete discretion of the User. The User does not have to include any further information, but please note that any information you do include may be visibly publicly within our Services, specifically within our Forum. You may edit information in your Profile through your account. If you believe that an unauthorized profile has been created on your behalf, you can request for it to be removed by contacting us at Contact1@helm-systems.com.

 

Feedback

We may collect feedback from Site Users about their experiences with other Site Users or the Services. This feedback will be associated with your username and, therefore, may be combined with Personal Information. If you wish to change, delete or modify the feedback you’ve provided in anyway, please email us at Contact1@helm-systems.com.

 

Social Media Accounts

You may have the opportunity to integrate your profile on the Site with a third party social media website (“SMW”), such as Facebook and Twitter. Such integration would require that you log into your account with the SMW. You may have the opportunity to register on the Site by logging in with your SMW account. If you register by logging in with your SMW account, or link your SMW account to your Site account, we may use the Personal Information you have provided to the SMW to create your Site account. Information collected from the SMW is subject to the privacy settings on your SMW account and the permissions you grant HELM-Systems in linking your account.

The Site may allow you to "like" or share content to a third party SMW. If you choose to "like" or share content, or to otherwise share information from the Site with a third party website, that information may be publicly displayed, and the third party website may have access to information about you and your use of our Site. Similarly, we may have access to information about you from the third party website should you “like” or share content from the Site. Importantly, a User’s interactions with third party websites, such as an SMW, are governed by the respective privacy policies of the third party sites.

By interacting with the Site through an SMW, by linking an SMW to your account, or by sharing content on an SMW, you represent that you are entitled to use your SMW account for the purposes described herein without breaching any of the terms and conditions that govern the SMW, and without obligating HELM-Systems or its subsidiaries to pay any fees or making HELM-Systems or its subsidiaries subject to any usage limitations imposed by such SMW. You can disable the linking of your SMW to your account on the Site at any time by contacting Contact1@helm-systems.com. Your relationship with any SMW is governed solely by your agreement(s) with such SMW. If your SMW account terminates, then functions enabled through the link between your Site account and your SMW account may terminate as well or be limited in functionality.

 

Do Not Track Signals

Some browsers may allow Users to automatically send a “Do Not Track” signal to websites they visit. There is no clear consensus as to what “Do Not Track” specifically refers to. As such, HELM-Systems does not alter its data collection practices when it receives a “Do Not Track” signal.

 

Information Received from Third Parties

We may receive information about you from third party providers and services. We may combine the information we collect from third parties with information collected through the Services. Any information received from third parties that is combined with information received through the Services will be treated as specified in this Privacy Policy. Any such information that is combined with Personal Information will be treated as Personal Information.

 

Information Collected from Users Automatically

HELM-Systems and our third party service providers may collect information from you whenever you access and interact with the Services. This information includes, but is not limited to, the browser and operating system you are using, the search terms that led you to the Site or Service, the URL or advertisement that referred you to the Site or Service, how you interacted with the Site or Service, and your Internet Protocol (“IP”) address. Mobile service providers may also provide us or our third party service providers with your device’s physical location when accessing the Site or Services. We may combine this automatically collected information with other information we collect about you.

 

 

3. Use and Retention of Information.

We use information we collect:

 

  • To provide and improve the Site and Services, complete your transactions, address your inquiries, process your registration, and for internal business purposes;

 

  • To contact you for administrative purposes, marketing or promotional purposes (on behalf of HELM-Systems or third parties) and to provide other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please send an email to Contact1@helm-systems.com indicating such preference.

 

  • To tailor the content we display to you and offers we may present to you, on the Site, Services and elsewhere;

 

  • To continue our business relationship with you;

 

  • For the purposes disclosed at the time you provide your information, with your consent, and as further described in this Privacy Policy.

We retain the information we collect for at least 1 year(s) and may retain the information for as long as needed for our business and legal purposes.

 

 

4. Information Sharing and Disclosure.

We do not share your Personal Information with third parties for their marketing initiatives unless we first provide you with the opportunity to opt-in or opt-out. Otherwise, we will not disclose your Non-Identifying information or Personal Information to third parties, except for the following circumstances:

  • Service Providers: We may utilize third parties to perform Site-related services, including but not limited to maintenance services, database management, web analytics, payment processing, video hosting and improvement of the Site’s features, and/or to provide analysis on how the Site is used. These third parties may have access to your Personal Information.

  • Legal and Investigative Purposes: HELM-Systems will share information with government agencies as required by law. We will cooperate with all government agencies, law enforcement officials and private parties to enforce and comply with the law. We will disclose information about you to government agencies, law enforcement officials or private parties as we believe necessary or appropriate, in our sole discretion, to respond to claims and legal process, at the request of governmental authorities, law enforcement, or third parties conducting a legal investigation, to protect the property and rights of HELM-Systems and its subsidiaries or a third party, to protect the safety of the public or any individual, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal or fraudulent.

  • Contests and Promotions: We may offer contests and other promotions (cumulatively, "Promotion") that may require registration. By participating in a Promotion, you agree to the official rules of the Promotion, which may contain requirements that you allow the sponsor(s) of the Promotion to use your name and/or likeness in advertising or marketing associated with the Promotion, except where prohibited by law. By entering into a Promotion, your Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion as permitted by the Promotion's official rules, or as required by law.

5. Changing Your Information and Closing Your Account.

You must maintain the accuracy of the information you submit to us and you must update us with any changes through your account. If you completely delete all account information, then your account may become deactivated. If your account is deactivated or you request that HELM-Systems close your account, you will no longer be able to use all functions of the Site. If you would like us to delete your account in our system, please email Contact1@helm-systems.com. We will use commercially reasonable efforts to honor your request. However, certain information may remain on the Site even if you close your account. In addition, your Personal Information may remain in our archives, regardless of whether you deleted your account, for our business purposes. It is not always possible to completely remove or delete information from our databases. We typically do not remove information you posted publicly on the Site.

 

6. Third Party Service Providers.

HELM-Systems works with, or may in the future work with, third party service providers including but not limited to analytics service providers, network advertisers, video hosting services, and other vendors to:

 

  • Process credit cards and other methods of payment;

 

  • Track traffic on the Site, including pages viewed and the actions taken;

 

  • Post advertisements on other web sites, within mobile apps and elsewhere online;

 

  • Provide HELM-Systems with information regarding the use of the Site and the effectiveness of our advertisements;

 

  • Provide Clients with video content.
     

Our service providers may collect information about your Site visits and activity on the Site as well as other web sites or services. They may place and access their own tracking technologies on your device and may use that information to show you targeted advertisements as well. Some of these service providers may collect Personal Information when you visit the Site or other online websites and services.

 

7. International Transfers of Personal Information.

HELM-Systems is a limited liability company located in the United States, duly organized and existing under the State of Florida. If you are located outside the United States, your connection will be through servers located in the United States. All information you provide will be processed and maintained in our web servers and internal systems located within the United States. By using the Site, you authorize the export of Personal Information to the United States and its storage and use, as specified in this Privacy Policy, when you provide such information to us.

 

8. California Privacy Rights.

If you are a California resident, you may have certain additional rights. California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by us to third parties for the third parties' direct marketing purposes. California Business and Professions Code Section 22581 permits registered users who are minors to request and obtain deletion of certain posted content.

 

9. Communications.

Site Users may receive marketing emails from HELM-Systems. Site Users have the ability to opt-out of receiving said marketing emails by following the opt-out instructions provided in the emails. HELM-Systems reserves the right to send you communications relating to your account and use of the Site via email, and other means, and these transactional account messages will be unaffected if you elect to no longer receive marketing communications.

 

 

10. Third party links.

The Site contains links to other websites, but links are not an endorsement, authorization or representation of any affiliation with the third party, nor does it act as an endorsement of the third parties’ privacy policies. Third party websites are independent of HELM-Systems, and maintain their own privacy and information collection procedures.

 


 

11. Security.

HELM-Systems takes commercially reasonable steps to help protect and secure the information it collects and stores about Site Users.

No method of transmission over the Internet, or method of electronic storage, is 100% secure. HELM-Systems cannot ensure and does not warrant the security of any information you transmit to us.

 

12. Changes to this Policy.

HELM-Systems may update this Privacy Policy at any time and any changes will be effective upon posting. In the event that there are material changes to the way we treat your Personal Information, we will display a notice on the Site prior to the change becoming effective. We may also notify you by email, at our discretion. However, we will use your Personal Information in a manner consistent with the Privacy Policy in effect at the time you submitted the information, unless you consent to the new or revised policy. Your continued use of the Site following notice of changes to the Privacy Policy will be deemed as acceptance of the changes.

 

13. Contacting Us.

If you have any questions about this Privacy Policy, please contact us at Contact1@helm-systems.com.

 

 

14. Legal.

This Privacy Policy and our legal obligations are subject to the laws of the State of Florida and the United States, regardless of the location of any user. Any controversy or claim you have against HELM-Systems relating to this Agreement or its purported breach, shall be settled by binding arbitration before the American Arbitration Association (“AAA”) in Florida by a sole arbitrator. Any controversy or claim shall not be consolidated with the controversies or claims of other individuals. HELM-Systems shall have the option to bring any claim or dispute against you in Florida state court or Federal Court, or in binding arbitration. You consent to personal jurisdiction and venue in the Florida State and Federal Court. HELM-Systems shall be entitled to seek its reasonable attorney’s fees and costs in any action against you. Any arbitration under this agreement shall be governed by the AAA Commercial Arbitration rules.


 


 


 


 

  • General Audience Service: These Services are intended for users that are at least 13 years of age. By utilizing the Services and/or its features, you are acknowledging that you are at least 13 years of age. These Services are not intended for or designed to attract persons under the age of 13. We do not permit registration by, and do not knowingly collect Personal Information, from anyone under the age of 13. If you are the parent or legal guardian of a child under 13 years of age and believe that HELM-Systems has collected Personal Information from your child, please contact us at:  Contact1@helm-systems.com. If we are made aware that a child younger than 13 has provided us with Personal Information, we will use commercially reasonable efforts to delete such information.


General Data Protection Regulation (GDPR)

If you are located in the European Union, you are entitled to the following rights with regard to your personal information and data:

Right of access to your personal data, to know what information about you we hold
Right to correct any incorrect or incomplete personal data about yourself that we hold
Right to restrict/suspend our processing of your personal data
Right to complain to a supervisory authority if you believe your privacy rights are being violated
Additional rights that may apply to you in certain instances:
Right of data portability (if our processing is based on consent and automated means)
Right to withdraw consent at any time (if processing is based on consent)
Right to object to processing (if processing is based on legitimate interests)
Right to object to processing of personal data for direct marketing purposes
Right of erasure of your personal data from our system (“right to be forgotten”) if certain grounds are met
To exercise your privacy rights, you can email us at the address given below in the ‘Questions’ section of this Privacy Policy


 

Third Parties

While we strive to work with reputable companies with good privacy practices, this Policy does not apply to services offered by other companies or individuals, including products or sites that may be displayed to you on the Services. We also do not control the privacy policies and your privacy settings on third-party sites, including social networks. We may use third parties to help offer you more tailored ads and better Services, such as obtaining analytics about the users of our site and to help tailor advertising to your preferences. For further information, please see the relevant privacy policies for each third party and industry codes of conduct.

 © 2019  HELM Systems, LLC. All Rights Reserved.