Privacy Policy for Sweepstakes and Promotions
1. Introduction
This Privacy Policy explains how NATIVE X US LIMITED and its affiliates (“Nativex”, “we”, “us”, “our”) collect, use, store, share and protect personal information in connection with the sweepstakes, contests, give-aways and other promotions (each a “Promotion”) sponsored by Nativex, including the processing of your entry, the selection and notification of winners, the administration and delivery of prizes, and related winner verification, publicity and reporting activities.
This Privacy Policy applies to this prize-claim site, which winners of a Promotion use to provide the information we need to deliver their prize. It is also provided as an attachment to the Affidavit of Prize Eligibility and Liability Release and Consent Form (“Affidavit”) and should be read together with the Official Rules of the relevant Promotion (each set of “Official Rules”). By entering a Promotion, submitting information through this site, completing the Affidavit, or otherwise providing your personal information to us in connection with a Promotion, you acknowledge that you have read and understand this Privacy Policy, and you consent to the collection, use, disclosure, transfer and storage of your personal information as described herein.
Unless otherwise stated in this Privacy Policy or in the Official Rules, Nativex is the data controller of the personal information collected in connection with the Promotion for the purposes of applicable data protection laws and regulations.
2. What Information We Collect
We collect the following categories of personal information in connection with the Promotion:
(a) Information you provide when you enter the Promotion
- Your full name, email address, postal address (including city, state/province, postal code and country), date of birth and age, and any other information requested for entry as described in the Official Rules;
- If you choose to enter through, or connect, a social media or partner account, we may collect your username or user ID and publicly available profile information from that account;
- Any game-related information, preferences or other content you choose to provide as part of your entry.
(b) Information you provide if you are selected as a winner
- The information requested in the Affidavit to verify your eligibility and identity, including your date of birth and confirmation that you meet the eligibility requirements in the Official Rules;
- Banking and payment information for prize disbursement (as set out in the forms attached to the Affidavit), including account holder name and address, SWIFT, IBAN, account number, routing number, account type, bank name and address, and, where prize payment is made via PayPal, your PayPal username, email address and country;
- Tax information, where required, including the information provided on IRS Form W-9 (Request for Taxpayer Identification Number and Certification) for U.S. persons, or IRS Form W-8BEN (Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding and Reporting (Individuals)) for non-U.S. persons.
(c) Publicity and winner information
- Your name, city/state, picture, portrait, image, likeness, voice, biography and winner’s statement, which we use for advertising, marketing and publicity purposes to the extent and on the terms set out in the Affidavit and the Official Rules (including disclosure of your name in connection with providing a list of sweepstakes winners).
(d) Information collected automatically
- Device information and technical identifiers such as IP address, device ID, browser type and version, operating system, click-through data, preferences, usage statistics and other information generated when you interact with our entry pages, emails or the Promotion;
- Contact and communications information, including records of your communications with us (for example, customer support and complaints).
(e) Information collected on this prize-claim site
Depending on how you were selected as a winner, this site collects:
- If you won on Discord: when you log in with Discord, we receive your Discord user ID, username, display name and avatar. We request Discord’s basic “identify” permission only: we do not receive your Discord email address, servers, messages or friends list, and we never post or send messages on your behalf. We use your Discord user ID to confirm that you are on the list of winners.
- If you won on another social media platform (such as X, Facebook, Instagram, TikTok or YouTube): you open a private claim link that we sent you by direct message, and we record the platform and the username or name under which you were selected. We do not collect any information from that platform through this site.
- The information you enter in the form: your full legal name, your contact email address, your choice of prize (for example, a gift card or a PayPal transfer), the email address of your PayPal account if you choose a PayPal transfer, and your country of residence (and, for some countries, your province or state).
- Submission records: the Promotion and prize amount concerned, the date and time of your submission, and the IP address from which you submitted it.
This site uses a single session cookie, which is strictly necessary to keep you logged in and to remember your answers while you complete the form. It is deleted when you log out or close your browser. This site does not use analytics, advertising or other tracking cookies. If you log in with Discord, your avatar image is loaded directly from Discord’s servers.
This site does not ask for your date of birth, postal address, banking information or tax forms. Where they are required, that information is collected through the Affidavit, which is sent to the contact email address you provide by our electronic signature provider.
3. How We Use Your Information and the Legal Bases
We use your personal information for the following purposes and, where relevant, on the legal bases identified below. Where we rely on your consent, you may withdraw your consent at any time without affecting the lawfulness of processing based on consent before its withdrawal.
| Category of Personal Information | Purpose and Method | Legal Basis |
|---|---|---|
| Entry information (Sections 2(a) and 2(e)) |
To operate and administer the Promotion: processing your entry, verifying that you meet the eligibility requirements set out in the Official Rules, selecting and notifying winners, and maintaining records, including, where applicable, disclosing your name in connection with providing a list of sweepstakes winners. | Necessary to perform our contract with you under the Official Rules; consent; and our legitimate interests in operating the Promotion and verifying eligibility. |
| Winner and Affidavit information (Sections 2(b) and 2(e)) |
To verify your identity and eligibility as required by the Affidavit, to award and deliver the prize, to disburse prizes (including processing banking, PayPal and other payment information), to complete tax reporting and withholding where required by law, and to take remedial action where any statement in the Affidavit is false or misleading. | Necessary to perform our contract with you; compliance with legal obligations (including tax laws); and, for tax-related information, your consent. |
| Publicity and winner information (Section 2(c)) |
For advertising, marketing, publicity and promotion of Nativex, the Promotion, other Nativex promotions and related products and services, in all media now known or hereafter developed, on the terms set out in the Affidavit (including use of your name, city/state, picture, likeness, voice, biography and winner’s statement). | Your consent / permission given in the Affidavit; consent where required by applicable law; and our legitimate interests in promoting the Promotion. |
| Automatically collected information (Sections 2(d) and 2(e)) |
To operate, secure and improve the Promotion and our services; to detect, prevent and address fraud, misrepresentation, abuse or technical issues; and for security and verification purposes. | Our legitimate interests in securing the Promotion and managing our services; consent where required by applicable law. |
4. Disclosure of Your Personal Information
We do not sell your personal information. We disclose your personal information to third parties only where necessary and in the circumstances described below:
- Service providers: companies that provide services in support of the Promotion, including cloud and hosting providers, electronic signature providers (for the Affidavit), prize fulfillment and payment processing providers (including banking, PayPal and gift card services), and providers of verification, auditing or customer support services. All such providers are prohibited from retaining, using or disclosing your personal information for any purpose other than providing services to us.
- Affiliates: companies within our corporate group who process your personal information in order to operate the Promotion or provide related services. All related group companies may only use your personal information in accordance with this Privacy Policy.
- Public disclosure: names of winners as required by the Official Rules (for example, through a list of sweepstakes winners), and, where you have given your permission in the Affidavit, your name, city/state, picture, likeness, voice, biography and winner’s statement for advertising, marketing and publicity purposes.
- Taxation and legal authorities: tax authorities (including the Internal Revenue Service), courts, regulators, law enforcement agencies and other government entities, and our professional advisers, where we are required or permitted to disclose your information by law, subpoena or similar legal process, or where we in good faith believe disclosure is legally required or otherwise necessary to protect our rights and property or the rights, property or safety of others.
- Business transfers: a third party that acquires all or substantially all of our business or assets, or that succeeds us in carrying on all or a part of our business, whether by merger, acquisition, reorganisation or otherwise.
We may also share and transfer aggregated or pseudonymized data with other third parties in accordance with this Privacy Policy. Unless otherwise stated in this Privacy Policy, we will not disclose your personal information to any other third party without your valid consent.
5. International Transfers
Your personal information may be stored and processed in the United States and in other countries or regions where we, our affiliates or our service providers operate, including where prize disbursement or tax reporting requires the transfer of your information outside your country of residence. We will take appropriate measures to safeguard your rights in accordance with this Privacy Policy when your personal information is transferred across borders, including by entering into appropriate data transfer mechanisms (such as standard contractual clauses) where required by applicable law.
Where required by applicable data protection laws, we, or the third parties from whom we receive your information, will obtain your consent to such transfers.
6. Your Data Rights
(a) California residents
If you are a resident of the State of California, the California Consumer Privacy Act of 2018 (“CCPA”) provides you with the following rights with respect to your personal information:
- Right to know: you may request that we disclose to you, free of charge, the categories and specific pieces of personal information we have collected about you in the preceding 12 months, the categories of sources from which it was collected, the business or commercial purpose for collecting it, and the categories of third parties to whom we disclosed it and the purposes of such disclosure;
- Right to delete: you may request that we delete personal information we have collected from you, subject to exceptions recognized by the CCPA;
- Opt-out of sale or sharing: you may direct us not to sell or share your personal information. We do not sell your personal information, and we do not sell personal information of minors under 16 years of age without affirmative authorization; and
- Right to non-discrimination: you are entitled to exercise the rights described above free from unlawful discrimination.
You may submit a request to exercise your California privacy rights by emailing us at privacy@nativex.com. We will verify your identity by examining the information you provide, and you may designate an authorized agent to make a request on your behalf by providing that agent with written permission and verifying your own identity with us directly. We will deny requests from agents that do not submit proof of authorization.
(b) Residents of other states with applicable privacy laws
If you are a resident of a U.S. state with an applicable consumer privacy law (including, where applicable, Virginia, Colorado, Connecticut, Utah, Texas and Oregon), you may have rights to access, correct, delete or obtain a copy of your personal information, and to opt out of the processing of your personal information for targeted advertising, the sale of your personal information, or profiling in furtherance of decisions that produce legal or similarly significant effects, in each case subject to applicable law. You may exercise these rights by contacting us at privacy@nativex.com.
(c) General rights
Depending on where you are located, you may have rights of access, rectification, erasure, restriction of processing, objection and data portability in respect of your personal information, and the right to withdraw any consent you have previously given. You may also have the right to lodge a complaint with the data protection authority in the country in which you live or work. To exercise any of these rights, please contact us at privacy@nativex.com.
These rights are not absolute, and in some instances we may decline your request as permitted by law. We will respond to your request without undue delay and within the timeframes required by applicable law. We may need to verify your identity before processing your request.
7. Security and Retention of Your Personal Information
We are committed to protecting the security of your personal information. We use a variety of physical, technical and administrative security measures — including encryption, access controls and secure storage — designed to protect your personal information from unauthorized access, use, disclosure or destruction, in compliance with applicable laws and industry standards. Unfortunately, no method of transmission over the Internet is completely secure, and we cannot guarantee the absolute security of information transmitted to us electronically.
We do not keep your personal information for longer than is necessary. The criteria we use to determine retention periods include: (i) how long the personal information is needed to operate the Promotion and to comply with our legal, accounting, tax and reporting obligations (including reporting of prizes and tax withholding, and the resolution of disputes); (ii) the type of personal information collected; and (iii) whether we are subject to a legal, contractual or similar obligation to retain the data.
| Type of Personal Information | Retention Period |
|---|---|
| Entry and eligibility information | For the duration of the Promotion and for a reasonable period thereafter (generally no longer than 12 months), unless extended by law or dispute. |
| Winner, banking/payment and tax information (including W-9 / W-8BEN and other attached forms) | For as long as necessary to comply with tax and legal obligations and to resolve disputes, and generally for 5 years after prize payment. |
| Publicity and winner information (name, likeness, etc.) | As set out in the Affidavit and Official Rules, including use in perpetuity in the media and channels described in the Affidavit. |
| Automatically collected and technical information | For a shorter operational period (generally 180 days to 365 days). |
| Customer support and communications information | For as long as reasonably necessary to address your requests and resolve any issues (generally 5 years). |
The information you submit through this prize-claim site is winner and payment information and is retained as such. The IP address recorded with your submission is technical information.
8. Children and Minors
The Promotion is open only to individuals who meet the eligibility requirements, including any age requirement, set out in the Official Rules. We do not knowingly collect personal information from children under the age required by the Official Rules or applicable law without the consent of a parent or legal guardian.
If you are under 18 years of age and you are selected as a winner, a parent or legal guardian must review the Affidavit on your behalf and will be required to sign the Affidavit as set out therein. The parent or legal guardian will be asked to grant their permission and consent on the winner’s behalf and to join in the representations set out in the Affidavit.
If you believe that we have collected personal information from a minor without appropriate parental or guardian consent, or if you are the parent or guardian of a minor and wish to withdraw consent, please contact us at privacy@nativex.com and we will take reasonable steps to delete such information.
9. Marketing
We may contact you from time to time to provide information regarding our products, services and content that may be of interest to you. Where applicable law requires that we receive your consent before sending you certain types of marketing communications, we will only send you those types of communications after receiving your consent.
If you decide at any time that you no longer wish to receive marketing communications from us, you may follow the unsubscribe instructions provided in any of the communications or request to be opted out of receiving such communications by emailing privacy@nativex.com.
10. Contact Us
If you have any question or comment about this Privacy Policy or wish to exercise any of your data rights, please contact Nativex’s data protection officer at privacy@nativex.com. You may also write to us at:
NATIVE X US LIMITED1001 Page Mill Road, Building One, Suite 200
Palo Alto, CA 94304
Please be sure to include your full name and email address in any correspondence so that we can respond to your inquiry in a timely manner. If you are submitting a data rights request, please clearly identify the Promotion to which your request relates.