Elixir Privacy Policy

Last updated: November 19, 2020


Welcome to Magnopus LLC (“Magnopus,” “we,” “us,” or “our”)!
We create virtual, mixed, and augmented reality experiences, games, Apps, content, and products (“Games”).

To do that, we need some information about you and your progress using our Games. However, protecting your privacy is really important to us. Therefore, we only use your information where we have to do so. This Privacy Policy will help you understand what information we collect, how we use it and what choices you have with our Games.

This Privacy Policy details important information regarding the collection, use, processing and disclosure of user information collected about our users. It explains how we treat information from or about our users, including when and why we collect, use, and share information in connection with our Games. By using the Games you agree to be bound by this Privacy Policy, so please read it carefully. If you do not agree to our Privacy Policy, please do not use our Games.

Please be advised that the practices described in this Privacy Policy apply only to information gathered by us through our Games. It does not apply to any information you provide to third-party platforms used to purchase, install, play, connect to, and/or engage with our Games. Please review their privacy policies carefully to understand what information they may collect, process, and use from you.

1. INFORMATION WE COLLECT

We do not collect personal information from you when you use our Games. However, if you choose to voluntarily contact us directly via email, we may retain your email and email address along with any other associated information you send us. Doing so is completely voluntary on your part, and you have the choice about whether and what information to disclose via your email. In addition, we may collect certain non-identifiable information from you via your use of the Games. The data that we collect varies and may involve the following:

  • Performance and Quality of Service Analytics. Non-identifiable information about how you access our Games.

  • Anonymous Usage Data. Information about the features you interact with on our Games are anonymous but may be used to run the Games and to help us learn what’s important to our users.

  • Non-identifiable game play information. For this game, your height, language preferences, in-game movement, telemetry data, play progress or progression, inventory, Game usage, and Game progress and completion status are collected when you use our Games as required to deliver the Game experience to you but is stored only on your device for the App and is not transmitted outside your device. This information may also be deleted when you delete the App from your device and/or clear the App’s data on your device.

In addition, as noted, our Games use third-party platforms like a gaming network and/or hosting service (such as the Oculus platform) for you to purchase, install, play, connect to, and/or engage with our Games. When you use these third-party platforms for our Games, the third-party platforms may or may not collect additional information about you. We are not responsible for the terms, policies, disclosures or actions of any third-party platforms, and have no control over them. Please review their privacy policies carefully to understand what information they may collect, process, and use from you.

2. HOW WE USE AND SHARE YOUR INFORMATION

Use of Information by Us.
We use the information we collect to provide you with our Games. For example, we may use this information to:

  • Provide technical support;

  • Improve our Games;

  • Customize your experience with the Games and allow full functioning of the Games;

  • Identify and address technical issues on our Services; and

  • Conduct and learn from research about the ways in which people use our Games.

Legal Matters; Safety. If you chose to voluntarily contact us directly, we may, without your consent, access and disclose your information, any communications sent or received by you, and any other information that we may have about you as may be permitted or required by law or to prevent or investigate suspected fraud, violations of our Services or activity that appears to us to be illegal or may expose us to legal liability. Additionally, we may disclose your information and/or communications in situations that we believe to be: (i) emergencies involving potential threats to the physical safety of any person or property if we believe that your information in any way relates to that threat; or (ii) your conduct that we believe is inappropriate and inconsistent with generally accepted norms of behavior.

3. ACCESS TO YOUR INFORMATION

Since we do not actively collect your personal information, the only information we receive from you that can be associated with you specifically is email or phone communications that you provided to us voluntarily. If for any reason you are concerned that any information you provided to us is not correct and you wish to change or delete it, you have the ability to review and update your personal information to the extent we have it. If you would like to do so, please contact us as set forth below. You may also contact us to request access to, transfer of, or erasure of your personal information to the extent we have any. Specify the nature of your request and the information that is subject to your request.

We reserve the right not to allow access to your information or to limit your rights (e.g. if such disclosure is prohibited by law or if the rights of another individual might be violated). In some instances, this may mean that we are able to retain your personal information even if you withdraw your consent or request transfer or erasure. Please note that changes or access you request may not be effective immediately. Please also note that despite any request for removal of or change to personal information, we may need to retain certain information for recordkeeping purposes and there may also be residual information that will remain within our databases and other records, which will not be removed or changed.

4. COOKIES AND OTHER TRACKING TECHNOLOGIES

We do not track cookies or use other tracking technologies.

5. LEGAL GROUNDS

We rely on the following legal grounds to use your data to the extent we have any:

  • Where it is needed to provide you with our Services.

  • Where it is in our legitimate interests to do so, such as: managing our products and Services.

  • To comply with our legal obligations.

  • With your consent or explicit consent, where applicable.

  • For a public interest.

6. IMPORTANT DISCLOSURES, PRACTICES AND CONTACT INFORMATION

Your rights under data protection laws. Here is a list of the rights that individuals have under data protection laws. They don’t apply in all circumstances. If you wish to use any of them, we’ll explain at that time if they are engaged or not.

  • The right to be informed about the processing of your personal information.

  • The right to have your personal information corrected if it is inaccurate and to have incomplete personal information completed.

  • The right to object to processing of your personal information.

  • The right to restrict processing of your personal information.

  • The right to have your personal information erased (the “right to be forgotten”).

  • The right to request access to your personal information and to obtain information about how we process it.

  • The right to move, copy or transfer your personal information (“data portability”).

  • Rights in relation to automated decision making which has a legal effect or otherwise significantly affects you.

If you have any questions or concerns regarding these rights please contact us via the contact information below.

Links to other Site and Communities. To the extent hyperlinks may be utilized to access external or third party sites and communities, you should be aware that these external or third party site and communities are not controlled by us and, therefore, are not subject to this Privacy Policy. We recommend that you check the privacy policies of each such site and community to determine how your personal information will be utilized by their proprietors.

Security. No data transmission over the Internet, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure the security of any information you transmit to us or we transmit to you, and your use of the Services indicates that you are willing to assume this.

A Note To Users. Our Services are operated in the United States. If you are located anywhere outside of the United States, please be aware that information we collect will be transferred to, processed and stored in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By using the Games or providing us with any information, you consent to this transfer, processing and storage of your information in the United States. You are also consenting to the application of United States federal, and California state law in all matters concerning the Services and this Privacy Policy unless otherwise stated herein or subject to applicable law.

How long is your personal information retained by us. Unless we explain otherwise to you, we’ll hold information based on the following criteria: for as long as we have reasonable business needs, such as managing our relationship with you and managing our operations; for as long as we provide goods and/or services to you and then for as long as someone could bring a claim against us; and/or retention periods in line with legal and regulatory requirements or guidance. Game data is stored only locally on your device until the App is uninstalled. The Game data could also be cleared by you when you specifically clear the data for the App.

Children's Privacy. We do not knowingly collect or maintain personal information from persons under 13 years of age. If you are under 13 years of age, then please do not use or access the Services at any time or in any manner. If we learn that information of persons under 13 years of age has been collected on the Services without verified parental consent, then we will take the appropriate steps to delete this information. Teenagers under the age of 17 and over the age of 13 should encourage their parents to review this policy and to contact us if they would like to evoke our opt-out policy or to raise any concerns.

No Rights of Third Parties. This Privacy Policy does not create rights enforceable by third parties or require disclosure of any information relating to users of the Services.

Your California Privacy Rights

The CCPA grants California residents certain privacy rights regarding their personal data. We are committed to respecting these rights and complying with the CCPA. Under the CCPA you have the right to request what of your personal data, if any, has been collected, used, disclosed, and/or sold. The CCPA also gives California residents a right to opt-out from the sale of their personal data. You also have the right to request deletion of personal data, subject to certain exceptions. Finally, you have a right to not be discriminated against for exercising your rights under the CCPA.

As described above, we do not collect or use any of your personal information. Similarly, we do not sell personal data and have not done so in the past 12 months. However, if you would like more information on what, if any, personal data we have, please contact us.

Disputes. If you choose to utilize our Games, any dispute over privacy is subject to this Privacy Policy.

Changes to this Privacy Policy. We may update this policy from time to time. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted in our services. If the changes are more significant, we may provide a more prominent notice or get your consent as required by law.

We will not change this policy to allow the collecting of your personal information without your consent.


PLEASE CONTACT US

If you have any questions about this Privacy Policy, or have inquiries about your data, please contact us.