No Gravity Development – Newsletter Service Policy

Introduction

1. Newsletter service (hereinafter the „Service”) is made available by “No Gravity Development S.A.” with its seat in Warsaw, address: ul.Dzika 15/13, 00-172 Warsaw, Poland, entered into the register of entrepreneurs conducted by the District Court in Warsaw under the registry number: 0000878245, Tax Identification Number: PL 5252762692 (hereinafter the “Company”).
2. This policy (hereinafter the “Policy”) determines terms and conditions on which the Company provides Service for benefit of users (hereinafter the “User” or jointly the “Users”).
3. Within scope of the Service – on e-mail address indicated by the User – shall be delivered information in electronic form (e-mail) which may contain information as regards the Company’s products and services (i.e. video, graphics art, links, activation codes) (hereinafter the “Newsletter”).
4. Each Newsletter delivered to the User shall also contain:
   1. identification data of sender, this is the Company or third-party performing the Service in cooperation with the Company,
   2. subject which specifies content of the Newsletter as well as
   3. information as regards procedure of resignation from the Service and change of e-mail address on which the Newsletter is delivered.

Registration/Resignation

1. Registration of the User as regards the Service is made if all of the following conditions are met:
   1. the User indicated his/her e-mail address within registration form available under the following web address: https://nogravitydevelopment.com/newsletter
   2. the User gave consent as regards delivery of information in electronic form by ticking proper active box,
   3. the User gave consent as regards processing personal data (e-mail) by ticking proper active box in accordance with binding regulations regarding protection of personal data,
   4. the User accepted this Policy by ticking proper active box as well as
   5. the User confirmed registration throughout activation link delivered by the Company on e-mail address indicated by the User.
2. Completing the registration process as regards the Service shall automatically result in adding the User’s e-mail address to the e-mailing list of the Company for purpose of the Newsletter delivery.
3. Use of the Service requires computer and/or other device with internet access as well as registered and active e-mail account of the User.
4. The Service as regards the Newsletter is provided by the Company for the benefit of the User on a free-of-charge basis. The User is entitled to resign from the Service on terms indicated directly in the Newsletter or upon separate request delivered to the Company on the following e-mail address: contact@nogravitygames.com. All and any consents indicated in sec. 5 of this Policy are voluntary of type, however refusal of or withdrawal from any consent may prevent the Company from performance of the Service for benefit of the User. The Company may terminate the Service in the event of any breach of this Policy by the User and/or in other cases stipulated by this Policy.
5. The Company may terminate provision of the Service at any time at its sole discretion.

Intellectual Property Rights

1. All materials delivered to the User by the Company within the scope of the Service (i.e. texts, graphics art, video, information) are the sole ownership of the Company which are subjected to law protection under respective regulation, including copyright law, industrial property rights or other regulations (hereinafter the “Content”).
2. Subject to sec. 12-15 of this Policy, the Company as of delivery of the Content to the User grants consent for use the Content for information and review purposes as regards products and/or services of the Company (i.e. games), including use of the Content partially or in whole, in traditional (paper) and electronic form as well as throughout internet in particular with use of social media, social platforms and other available  electronic means (i.e. YouTube, Twitch, blogs, podcasts, vlogs, video). The mentioned consent is granted by the Company without any territory limitations and is non-exclusive of type. In cases when the User is employed by and/or cooperates with legal entity or any legally organized structure (i.e. media house, fanpage, publisher) such consent also covers use of the Content within or in cooperation with such legal entity or legally organized structure, however the User is responsible for ensuring that such legal entity or legally organized structure shall comply with terms of this Policy as regards use of the Content.
3. The User acknowledges and accepts that the Content (or its part) delivered within the Service may be subjected to additional restrictions or provide additional conditions (i.e. restriction of any use before date determined by the Company). Additionally the User is not allowed to use the Content in a manner which constitutes breach of binding regulations and/or generally accepted norms.
4. The User acknowledges and accepts that within the Newsletter may also be delivered an activation code, link or other instrument upon which the User may gain exclusive access to products or services of the Company (i.e. games, trailers). In such case the User is not entitled to make available, sell or use such product or service in other manner than allowed by this Policy.
5. The User acknowledges and accepts that any use of the Content, links, activation codes or instruments specified in sec. 13 of this Policy by the User for commercial or on-charge basis purposes is not allowed, however this not excludes situation in which the User obtains material profit with the User’s own separate product or service in which the Content is also used in manner and on terms specified in sec. 11 of this Policy (i.e. the User published review of the Company’s game throughout portal on which commercial adds are also displayed; the User obtains profits from end user who subscribed social media channel of the User and on which the User published review of the Company’s game).
6. Use of the Content by the User in violation of restriction and/or terms of this Policy shall constitute breach of terms upon which such consent is granted by the Company in accordance with sec. 10 above and may result in termination of the Service and/or claims of the Company against the User, based on this Policy and/or binding regulations in respect of scope, scale and results of such breach.

Personal Data/Privacy

1. Personal data of the User, this is e-mail address (hereinafter the “Personal Data”), provided by the User within the registration procedure or amended during the Service provision shall be processed solely for the purposes of e-mailing list registration and delivery of the Newsletter during term of the Service.
2. Consent on the Personal Data processing as regards e-mail address is voluntary, however refusal of or withdraw from such consent may prevent the Company from performance of the Service for benefit of the User.
3. Delivery of personal data – other than e-mail address – or use of such e-mail address for other purposes than indicated in sec. 16 of this Policy requires separate prior consent of the User.
4. The Company also has a personal data administrator status (hereinafter the “Personal Data Administrator”).
5. In all matters – as regards the Service (i.e. complaints) and/or processing of the Personal Data – the User may contact with the Company (which also is the Personal Data Administrator) on the following e-mail address: kontak@nogravitydevelopment.com.
6. The Personal Data of the Users:
   1. shall be processed by the Personal Data Administrator solely on terms, for purpose and during the term specified in consent of the User (the Personal Data Administrator shall process the Personal Data for longer period only when such obligation is imposed by binding regulations),
   2. consent of the User constitutes legal basis for such processing which covers solely the Personal Data delivered by the User upon such consent,
   3. recipient of the Personal Data upon mentioned consent is the Personal Data Administrator and processing of the Personal Data to third-parties (processors) may be executed solely upon separate agreement on personal data processing (i.e. entities providing informatic, legal and marketing services to the Personal Data Administrator,
   4. every data subject shall have the right to object (forbid) as regards processing of his/her Personal Data, as well as use other type of rights concerning obtaining information or protection, in particular have the right to access to the Personal Data, request to delete the Personal Data, request to rectify or correct the Personal Data,  request to restrict processing of the Personal Data, request to transfer the Personal Data to another entity,
   5. consent regarding the Personal Data processing is voluntary of type, however refusal of or withdrawal from such consent may prevent realization of purposes for which such consent was granted,
   6. every data subject shall have the right to submit complaint to a data protection authority – President of the Data Protection Office or other offices,
   7. the Personal Data shall not be carried out by automated means,
   8. the Personal Data shall not be transferred  to third countries and international organisations.

Final Provision

1. The Company reserves the right to amend this Policy. The User shall be informed as regards any amendments of this Policy through e-mail information which shall be delivered to the User’s e-mail account.
2. Any amendments of this Policy shall be effective as of term indicated in e-mail information, however in each case not later than within 14 calendar days as of delivery of e-mail to the User as regards amendments of this Policy, if the User does not resign from the Service within mentioned 14 calendar days as of information delivery.
3. In matters not regulated by this Policy generally, legal provisions in force shall be applied.