Magnus Chess Academy App Privacy policy

The purpose of the present document is to define how Magnus Chess Academy ('we' or 'us') collects, shares and uses your (i.e. User’s) personal data when you download and use Magnus Chess Academy – Play & Train by Play Magnus (the “App” or the “Services”).

The App is a mobile application that provides chess training and education. The App is owned and operated by Play Magnus AS a company part of the Chess.com Group.

For the purposes of the data protection legislation, we are the 'data controller' (the company who is responsible for, and controls the processing of, your personal data).

For the purposes of this policy, children are persons under the age of 13 in the United States or under the minimum age required for a person to consent to the processing of their personal information as determined by national laws in their country of residence. This Policy is drafted in accordance with the U.S. Children’s Online Privacy Protection Act (“COPPA”) and regulatory guidelines and legal requirements in the EEA and the UK, including the General Data Protection Regulation.

For more information about COPPA and general tips about protecting children’s online privacy, please visit OnGuard Online.

If you are under the age of 13, you must ensure that we have your parent/guardian's permission before you provide any personal information to us.

Information We Collect

We collect the following types of personal information when you use our App:

• Account Information: When you create an account with us, we collect your name, email address, and password.
• Payment Information: If you make a purchase through the App, we collect payment information, such as your credit card number, to process the transaction.
• Usage Information: We collect information about how you use the App, including the features you use, the content you access, and the frequency and duration of your use.
• Device Information: We collect information about the device you use to access the App, including the type of device, operating system, and unique device identifier.
• Location Information: We collect your location information when you use the App, with your consent.

How We Use Your Information

We use your personal information to provide and improve our services, including:

• To authenticate your account and provide you with access to the App.
• To process and fulfill your purchases and subscriptions.
• To personalize your experience with the App and provide you with relevant content.
• To monitor and analyze trends and usage of the App.
• To communicate with you about the App, including customer service inquiries.
• To comply with legal obligations, such as responding to legal requests or preventing fraudulent activity.

We do not sell, rent, or share your personal information with third parties for their marketing purposes.

We do not and will never track you or use your personal information for advertising purposes.

We may process your personal information because:

• We need to perform a contract with you (including processing of payment information)
• You have given us permission to do so
• To comply with the law
• Our legitimate interests in providing and developing our services to you and other users – provided that those interests are not outweighed by your rights and interests

We share information with third-parties when it is necessary to provide you with our services, to improve our Services and when it is required by law or by a government body.

How we share your information

We share your information with certain service providers under confidentiality obligations.

We may share your information with trusted third-party service providers who assist us in operating our services, such as hosting providers, payment processors, analytics services, etc.

If you make a payment we will collect only the necessary information to make such a payment (e.g. credit card number, address, etc.) and we will share it with the third- party payment processors that help us make sure that your payment is processed in a secured way.

We also use analytics and performance service providers that provide us with information about your use of our Services. We use this information to help operate our Services more efficiently, to gather broad demographic information, and to monitor the level of activity on our Services.

When you contact customer support, we will collect your email address and the information you voluntarily provide, which will be shared with our service providers to help us handle your support requests.

If you are subscribed to our email newsletter, we will share your email address with our email service provider.

We may disclose your information if required to do so by law, or if we believe in good faith that such disclosure is necessary to comply with legal obligations or protect our rights, property, or safety or to establish or exercise our legal rights or defend against legal claims. We respond to subpoenas, court orders, or legal processes.

We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our terms, or as otherwise required by law.

Business Transfers: If Play Magnus is involved in a merger, acquisition, or sale of all or a portion of its assets, your information may be transferred as part of that transaction subject to confidentiality agreements.

We do not rent, sell, or share personal information about you with other people or non-affiliated companies except for the categories of third parties mentioned in this Policy.

To achieve the purposes mentioned in this Policy and to the extent necessary, we may disclose your personal information to other companies within the Chess.com Group.

Your information, including personal information, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those from your jurisdiction.

Please note that we may share your personal information to affiliates and service providers located outside of the European Union, for instance in the United States.

We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Policy and no transfer of your personal information will take place to an organization or a country unless there are adequate controls in place including the security of your personal information. If we onward transfer your personal information outside the EEA or the UK, we rely on the European Commission’s standard contractual clauses and the UK Information Commissioner’s equivalent transfer mechanism, as relevant. This is unless the transfer is to a country that has been determined by the European Commission or the relevant UK authorities, as applicable, to provide an adequate level of protection for individuals’ personal information.

How We Protect Your Information

We take appropriate technical and organizational measures to protect your personal information from unauthorized access, use, disclosure, alteration, and destruction. We also require our service providers to do the same.

We retain your personal information for as long as necessary to fulfill the purposes outlined in this privacy policy, unless a longer retention period is required by law.

Your Choices

You can access and update your personal information by logging into your account. If you choose to subscribe to our newsletters, you can always unsubscribe by clicking on the unsubscribe link or by contacting us at dpo@playmagnus.com.

If you wish to opt-out of the collection of location information, you can disable location services for the App on your device.

If you have any questions or concerns about our privacy policy, please contact us at feedback@playmagnus.com.

Your rights

You have the following rights over the personal information we hold about you:

• The right to access and data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
• The right to update, correct and rectify your personal information. You can do this manually by accessing your profile.
• The right to delete the information we have on you. Please keep in mind that a request to delete personal information will lead to cancellation of your Account.
• The right to object. You have the right to object to our processing of your personal information.
• The right to object to marketing. We do not sell your information or use it for any marketing or advertising purposes.
• The right of restriction. You have the right to request that we restrict the processing of your personal information if this is applicable.
• The right to withdraw consent. You also have the right to withdraw your consent at any time where we relied on your consent to process your personal information.
• The right to lodge a complaint to the authorities.You also have the right to complain to a Data Protection Authority about our collection and use of your personal information. However, we invite you to contact us with any concern, as we would be happy to try to resolve it directly.

You can exercise any of the above rights by contacting us at dpo@playmagnus.com.

Children ́s Privacy

This section is primarily aimed at parents and legal guardians (collectively, “Parent/Guardians”) in order to outline our practices regarding children’s personal information.

The Services are intended for people of all ages. In our Services, we do not ask for the date of birth or age of our users. Therefore, we have no reliable knowledge of whether a user of our Services is a minor or an adult. However, we make sure we comply with COPPA and the European guidelines on how to process information from minors.

The Services offer a variety of activities, including those that may collect information from children. Below we summarize potential instances of collection.

In collecting personal information from children, we take certain additional steps to protect children’s privacy, as further explained below, including:

• Notifying Parents/Guardians about our information collection, retention, and sharing practices as set forth in this policy.
• Obtaining the necessary consent from Parents/Guardians under applicable law for the collection, retention, and sharing of children’s personal information.
• Limiting our collection of personal information from children to that which is necessary to participate in a particular activity.
• Permitting Parents/Guardians to prevent the disclosure of their children’s information to third parties, unless that’s part of the Services.
• Permitting Parents/Guardians to review information we have collected from their children and allowing them to request that the personal information be changed or deleted and refuse to allow any further collection or use of the child’s information.

When we have actual knowledge that a user is under the minimum age required for a person to consent to the processing of their personal information as determined by the national laws of their country of residence, we make reasonable efforts to ask the Parent/Guardian for consent by requiring an email confirmation.

We reserve the right to modify the methods of collecting consent from Parents/Guardians as we deem appropriate from time to time to preserve the children's rights and in light of the technologies that are available.

When we act as a third-party vendor in the context of educational institutions such as schools, school districts, licensed childcare facilities, other licensed educational institutions, coaches or similar programs (each, an “Educational Institution”), the applicable Educational Institution is responsible for obtaining parental consent and/or ensuring that an exception (e.g., the school official exemption) applies prior to transferring the kid ́s data or Student Data -as defined by the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g) and its implementing regulations (34 CFR Part 99) (collectively, “FERPA”) and applicable state laws)- to us.

We encourage you to spend time with your children when they are online or using any mobile device so you understand the activities your children are engaged in and to adopt available device and browser controls that reflect your preferences about your children’s ability to access the Services.

Changes to Our Privacy Policy

We may update our privacy policy from time to time. If we make material changes, we will notify you.

Last Updated: June 2023