1. INTRODUCTION

1.1. This interactive game-based platform titled, Aezonia, including without limitation, all of its associated websites, domains, applications and the content therein, along with all upgrades, updates, enhancements and modifications thereto (collectively, “Platform”), is controlled, owned and managed by NEURASERV FZ-LLC, a company incorporated under the laws of the United Arab Emirates and having its registered office address at FDRK5373 Compass Building, Al Shohada Road, AL Hamra Industrial Zone-FZ, Ras Al Khaimah, United Arab Emirates (“Company” or “We” or “Us”).

1.2. The Company is committed to respecting your privacy and recognizes the need for appropriate protection and management of any information you share with the Company on the Platform. This privacy policy (“Privacy Policy”) explains how the Company will collect, use, share and process information in relation to the Platform.

1.3. This Privacy Policy shall be deemed to be incorporated into the Terms of Use (“Terms”) and shall be read in addition to the Terms. Capitalised terms not defined in this Privacy Policy have the meaning given in the Terms. In the event of any conflict between this Privacy Policy and the Terms in relation to the processing of Personal Information, this Privacy Policy shall prevail.

1.4. By accepting this Privacy Policy, you (and, in the case of a minor or person with disability, the parent or the legal guardian) acknowledge that you have read and understood how Information is collected, used, shared and processed as described herein.

1.5. For the purpose of this Privacy Policy, the Company is the “Controller” or “Data Fiduciary” of your Personal Information.
1.6. As the Company is not established in the European Economic Area (“EEA”) or the United Kingdom, you may contact support@neuraserv.com on any matter relating to the processing of your Personal Information.

 

2. SCOPE

2.1. This Privacy Policy is an electronic record in the form of an electronic contract and does not require any physical, electronic or digital signature.

2.2. By accessing or using the Platform or giving us your information or otherwise clicking to accept this Privacy Policy, if and when prompted in the Platform, you undertake that you have the capacity to enter into a legally binding contract under the laws applicable in your jurisdiction. If you are using the Platform on behalf of someone else, including but not limited to, on behalf of your minor child/children or person with disability, you represent and warrant that you are authorized by such person to accept this Policy on their behalf and to consent on behalf of such person to use of such person’s data as described in this Policy.

2.3. The Company will collect and process information carefully, only for the purposes described in this Privacy Policy and only to the extent necessary as defined herein. Such processing shall be within the scope of the applicable legal regulations, in a manner that is ethical, compliant and adheres to best industry practices.

2.4. This Privacy Policy describes the types of information the Company collects, why and how the Company uses it, with whom it is shared, the choices you can make, the measures taken to protect it and how you can contact the Company about its privacy practices.

 

3. CONSENT

3.1. The Company relies on your consent only for the specific purposes identified in Section – 6 (Use of Information) and 7 (Legal Bases for Processing), such as non-essential cookies and similar technologies and marketing communications. Where consent for processing other Information is required, the Company will ask for it separately and specifically, through a clear affirmative action (such as ticking a box or switching on a toggle), and will not make access to the Platform conditional on consent that is not necessary to provide the Platform. You may withdraw your consent at any time as described in Section 11 of this Privacy Policy.

3.2. A minor or a person with disability may use the Platform only with the knowledge, consent and supervision of his/her parent or legal guardian, and the parent or legal guardian’s acceptance of this Privacy Policy on behalf of the minor or a person with disability constitutes consent on behalf of the minor or person with disability, subject to Section 8 (Children) of this Privacy Policy.

 

4. TYPES OF INFORMATION

4.1. Personal Information is defined as any information that relates to a natural person and that, either directly or indirectly, in combination with other information available or likely to be available with the Company, is capable of identifying such person, including, but not limited to, first and last name, e-mail address, telephone number, any other contact information, and online identifiers such as your ID, Internet Protocol (IP) address, device identifiers, and responses to a questionnaire or survey conducted by the Company, where they are linked to you or your ID. Any information, including Usage Information, that is linked or reasonably linkable to you, your ID or your device is treated as Personal Information. The Company limits the collection of Personal Information to that which is necessary for its intended purpose (“Personal Information”).

4.2. Non-Personal Information: Non-Personal Information means information that has been aggregated or de-identified so that it does not identify, and cannot reasonably be linked to, an individual, such as aggregated statistics on the gates, tasks and badges attempted, completed or earned on the Platform. The Company may gather aggregated information regarding how many people visit the Platform, the pages or gates they visit, browser types and versions, operating system, device type, connection information, screen resolution and usage statistics of the devices used to access the Platform (“Non-Personal Information”).

4.3. Usage Information: Usage Information means all data and information collected automatically through use of the Platform, in the nature of system administrative data, statistical data and operational data generated by or characterizing use of the Platform, including without limitation Non-Personal Information, cookies, Platform traffic, time spent on the Platform, and gameplay and performance information relating to your activity, progress, responses, results and performance on the Platform, such as the gates and tasks attempted, completed or earned, and other similar information indicating the mode and manner of use of the Platform (“Usage Information”). Usage Information that is linked to your ID or device is Personal Information and is protected accordingly.

4.4. The Platform may also generate performance scores, metrics, forecasts and insights derived from your activity and performance on the Platform (“Performance Insights”).

4.5. Personal Information, Non-Personal Information, Usage Information and Performance Insights hereinafter shall be referred to as “Information”.

 

5. COLLECTION OF INFORMATION

5.1. The Company may collect Information when you: (a) generate an ID on the Platform; (b) use the Platform, in which case Non-Personal Information and Usage Information, including gameplay and performance information relating to your activity, progress, responses, results and performance, are generated automatically, and certain Performance Insights may in turn be generated from such information; and (c) voluntarily contact the Company or provide feedback.

5.2. Where providing Personal Information is necessary to generate an ID or to use a feature of the Platform, the Company will indicate this at the point of collection, together with the consequences of not providing it. You hereby acknowledge and agree that all Information that may be provided by you to the Company from time to time shall be provided voluntarily and without any undue influence.

5.3. The Platform uses cookies and similar technologies that are necessary for the Platform to function, such as maintaining a session and saving progress. You may decline cookies through your browser or device settings, but you may then be unable to use the Platform, in whole or in part. The Company will not use analytics, advertising or other non-essential cookies, software development kits (SDKs) or similar technologies unless you have given prior consent through the consent tool on the Platform, which you may change at any time. You may disable strictly necessary cookies through your browser or device settings, but you may then be unable to use the Platform, in whole or in part.

 

6. USE OF INFORMATION

The Company uses the Information to: (a) generate the ID; (b) operate the Platform, including saving progress and badges; (c) resolve any glitches on the Platform, including addressing technical problems, and protecting the security of the Platform and preventing its misuse; (d) improve the Platform, using aggregated and de-identified data; (e) respond to your requests and inquiries under this Privacy Policy, and keep a record of them; (f) comply with applicable law and enforce the Terms; (g) where applicable, personalize your experience on the Platform, such as adapting the difficulty, pacing or content of gates and tasks to your activity; (h) calculate, generate and present Performance Insights based on your activity and performance on the Platform; and (i) where you access the Platform through a participating school, company or other organization, generate aggregated statistics and insights relating to use of the Platform by participants within that organization.

 

7. LEGAL BASES FOR PROCESSING

7.1. If you are located in the EEA or the United Kingdom, the applicable data protection law applies to the processing of your Personal Information. The Company will process your Personal Information only where it has a lawful basis to do so, as follows:

(a) Performance of a contract: To generate and maintain your ID, operate the Platform, save your progress and badges, personalize your experience and respond to your requests;

(b) Legitimate interests: To secure the Platform, resolve glitches, prevent misuse and improve the Platform using aggregated and de-identified data. The Company’s legitimate interests are keeping the Platform safe, functional and effective, and the Company has balanced these interests against your rights and freedoms. You may object to this processing as described in Section 11 of the Privacy Policy;

(c) Legal obligation: To comply with applicable law, including responding to lawful requests from public authorities; and

(d) Consent: For non-essential cookies and similar technologies, marketing communications and any other purpose for which the Company asks for your consent at the point of collection.

7.2. Special category data. The Platform is not intended to collect information about your physical or mental health. If any feature of the Platform collects or infers information about your health, cognitive condition or wellbeing, the Company will process that information only with your explicit consent, requested separately before the feature is used.

7.2. Automated decision-making. The Platform uses automated processing to calculate Performance Insights from your activity and performance on the Platform, which is used to provide the functionality and insights of the Platform. The Company does not make decisions based solely on automated processing, including profiling, that produce legal effects concerning you or similarly significantly affect you, and such Performance Insights and any personalization of the Platform based on your activity do not, by themselves, have such effects.

 

8. CHILDREN

8.1. The minimum age for creating an ID on the Platform is 13 (Thirteen) years.

8.2. Where the Company relies on consent to process the Personal Information of a child who is below the age of digital consent in the child’s country of residence, the Company will obtain consent from the holder of parental responsibility for the child and will make reasonable efforts, considering available technology, to verify that such consent has been given.

8.3. The Company does not use the Personal Information of children for marketing or for profiling for marketing purposes, and will explain its processing in language that children can understand.

8.4. If you believe the Company has collected a child’s Personal Information without appropriate consent, please contact the Company using the details in Section 22 of the Privacy Policy, and the Company will delete it promptly.

 

9. INFORMATION SHARING AND THIRD-PARTY SERVICE PROVIDERS

9.1. The Company maintains the Information in electronic form on its devices and on the equipment of its employees and service providers. The Information is made accessible to employees, agents or partners and third-parties only on a need-to-know basis.

9.2. The Company does not rent, sell, or share Information with other people or with other non-affiliated entities, except with your consent or to provide the Platform or under the following circumstances:

(a) The Company may engage third-party vendors and/or contractors to perform certain support services, such as providers of hosting and data storage, backup infrastructure, software maintenance, security, authentication and error monitoring, who may have limited access to Information. These service providers act on the Company’s instructions, are bound by obligations of confidentiality and security under a written data processing agreement, and are not authorized to use or disclose Information except as required to perform those services or as required by law.

(b) The Company may share aggregated statistics that have undergone the process of de-identification and no longer identify any individual.

(c) The Company may share Information with government authorities in response to subpoenas, court orders, or other legal process; to establish or exercise legal rights; to defend against legal claims; or as otherwise required by law, including in response to a law enforcement agency’s request.

(d) Where you access the Platform through a participating school, company or other organization, the Company may provide that organization with aggregated statistics and insights relating to your use and performance on the Platform. Such aggregated statistics and insights are derived from Non-Personal Information and do not include the gameplay records or individual scores of particular participants.

9.3. The Platform may contain links to websites of third-parties. The Company is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such websites. The Company strongly recommends that you review the terms and privacy policies of any such website before visiting it.

 

10. DISCLOSURE TO ACQUIRERS

10.1. The Company may disclose and/or transfer Information to an investor, acquirer, assignee or other successor entity in connection with a sale, merger, or reorganization of all or substantially all of the Company’s equity, business or assets, provided that the successor is bound to honor this Privacy Policy.

 

11. CONTROL OVER YOUR PERSONAL INFORMATION

11.1. You may at any time submit a request to access information regarding the processing of your Personal Information by submitting a written request to the Company at support@neuraserv.com. Upon receipt of such request, the Company shall provide a summary of the relevant processing activities including the identities of the third-parties with whom such Personal Information is shared. If you are in the EEA or the United Kingdom, you are also entitled to receive a copy of your Personal Information.

11.2. You have the right to withdraw your consent at any point. You can withdraw your consent in writing through an email at support@neuraserv.com requesting the same. If you at any time wish to rectify your Personal Information, you may write to the Company as per Section 12 of this Privacy Policy.

11.3. Once you withdraw your consent to share the Personal Information collected by the Company for the stated purpose, the Company shall immediately cease to fulfil the purposes for which the said Personal Information was sought. Withdrawal of consent does not affect the lawfulness of processing carried out before the withdrawal, and will affect your use of the Platform only where the relevant feature cannot be provided without that consent.

11.4. Where applicable law grants these rights, users in the EEA and the United Kingdom may also have the right to: (a) receive your Personal Information in a structured, commonly used and machine-readable format and have it transmitted to another controller; (b) object at any time to processing based on the Company’s legitimate interests, and to processing for direct marketing; (c) request restriction of processing in certain circumstances; and (d) not be subject to a decision based solely on automated processing that produces legal or similarly significant effects. You may exercise these rights by contacting the Company at support@neuraserv.com (Section 1.6).

11.5. The Company will respond to your request without undue delay and in any event within 1 (One) month of receipt. This period may be extended by 2 (Two) further months where necessary, considering the complexity and number of requests, in which case the Company will inform you within the first month. Requests are free of charge unless they are manifestly unfounded or excessive.

11.6. Right to lodge a complaint. If you are in the EEA or the United Kingdom or India, you have the right to lodge a complaint with the data protection supervisory authority of the country where you live or work, or where an alleged infringement took place. In the United Kingdom, this is the Information Commissioner’s Office (ico.org.uk); a list of EEA supervisory authorities is available at edpb.europa.eu, and in India, it is the Data Protection Board of India. The Company would, however, welcome the opportunity to address your concerns first.

 

12. RECTIFICATION, CORRECTION, UPDATION AND ERASURE OF PERSONAL INFORMATION

12.1. You shall have the right to review your Personal Information submitted by you on the Platform and to modify, correct, complete, update, erase or delete any Personal Information provided by you directly on the Platform. You hereby understand that any such modification, correction, completion, updation, erasure or deletion may affect your ability to use the Platform. Further, it may affect the Company’s ability to provide the Platform to you.

12.2. The Company reserves the right to verify and authenticate your identity to the extent reasonably necessary to locate the correct record and act on the request, without requiring more personal information than necessary. Access to or correction, erasure, updation or deletion of your Personal Information may be denied or limited by the Company if it would violate another person’s rights and/or is not otherwise permitted by applicable law.

12.3. If you need to update, erase or correct your Personal Information that the Company may have collected, you may send updates and requests for erasure and corrections to the Company at support@neuraserv.com. The Company will take all reasonable efforts to incorporate the changes within a reasonable period of time but in no event later than 72 (Seventy Two) working hours, subject only to such verification of your identity as is reasonably necessary under Section 12.2.

 

13. RIGHT TO NOMINATE

13.1. You shall have the right to nominate any individual who shall exercise your rights on your behalf in the event of your death or any incapacity. You shall submit such request of nomination in writing at support@neuraserv.com and specify such reasons for nomination.

 

14. TERM OF STORAGE OF PERSONAL INFORMATION

14.1. The Company shall store your Personal Information only for as long as is necessary to satisfy the purpose for which it has been collected, or for any longer period required by applicable law. As a general rule: (a) ID and progress information is retained while your ID remains active and is deleted within 24 (Twenty Four) months of closure of your ID or inactivity; (b) records of support requests and requests under this Privacy Policy are retained for 36 (Thirty Six) months; and (c) security logs are retained for 90 (Ninety) days. When Personal Information is no longer needed, the Company will delete it or irreversibly de-identify it.

14.2. You agree that you will not submit any false information or any illegal or damaging content to the Platform.

14.3. The Company reserves the right to terminate access to or the ability to interact with the Platform in response to any concerns the Company may have about false, illegal, or damaging content, or for any other reason, in its sole discretion.

 

15. PROTECTION OF INFORMATION

15.1. The Company has taken reasonable technical, administrative and physical measures, to protect the security of Information and to ensure that your choices for its intended use are honored, and to protect it from loss, misuse, unauthorized access or disclosure, alteration, or destruction. While the Company strives to protect Information and privacy, it cannot guarantee or warrant its absolute security when Information is transmitted over the internet into the Platform.

15.2. In the event of a breach affecting Personal Information, the Company will notify the affected persons and the relevant authorities as required by applicable law, including, where individual contact is not possible, by notice on the Platform. The Company will notify the competent supervisory authority without undue delay and, where feasible, within 72 (Seventy Two) hours of becoming aware of a personal data breach, where required by applicable law.

15.3. To the extent permitted by applicable law, the Company shall not be held liable for any loss or theft of Information due to reasons solely attributable to you, or for any actions of third-parties or events beyond the Company’s reasonable control.

 

16. STORAGE LOCATION AND INTERNATIONAL TRANSFER

16.1. Information is stored and processed primarily on servers located in Frankfurt, Germany, where the Company’s primary backend and database infrastructure is hosted. Backups are maintained within Western Europe, and error monitoring data is stored and processed within the European Union. The Company and its service providers may transfer, access, or process Information in other countries where the Company or its service providers operate, subject to applicable data protection and privacy laws. Where Personal Information of users in the EEA or the United Kingdom is transferred to a country that has not been recognized as providing an adequate level of data protection, including the United Arab Emirates, the Company will implement appropriate safeguards in accordance with applicable law. Such safeguards may include the Standard Contractual Clauses approved by the European Commission and, where applicable, the UK International Data Transfer Addendum, together with supplementary measures where required. You may request information about, or a copy of, the relevant safeguards by contacting the Company at support@neuraserv.com.

 

17. LIMITATION OF LIABILITY

17.1. To the extent permitted by applicable law, the Company shall not be liable to you for any loss of profit, production, anticipated savings, goodwill or business opportunities or any type of indirect, incidental, economic, compensatory, punitive, exemplary or consequential losses arising out of performance or non-performance of its obligations under this Privacy Policy.

17.2. The Company is not responsible for any actions or inactions of independent third-parties (other than its service providers) that receive your Information.

17.3. The Company shall not be held responsible for any loss, damage or misuse of your Information, if such loss, damage or misuse is attributable to a Force Majeure Event. The term, “Force Majeure Event” shall mean any event that is beyond the Company’s reasonable control and shall include, without limitation, fire, flood, explosion, acts of God, civil commotion, strikes, war, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, pandemic or national/state lockdown and any other similar events not within the Company’s control and which the Company is not able to overcome. Nothing in this paragraph limits any liability or obligation that cannot be excluded or limited under applicable law.

 

18. CHANGES TO THIS PRIVACY POLICY

18.1. The Company reserves the right to update, change or modify this Privacy Policy at any time, subject to the terms contained herein, and will notify you of such changes by posting the revised Privacy Policy on the Platform and, where the changes are material, by notifying you in advance through the Platform or by email. Where required by applicable law, the Company will seek your consent to the changes. The Privacy Policy shall come to effect from the date of such update, change or modification.

 

19. Opt-Out

19.1. Once you register as a user on the Platform, you may receive communications, including but not limited to messages on the Platform, Short Message Service (SMS), phone calls to your registered mobile number and emails to your registered email address (as applicable). These messages, emails and calls (as applicable) may relate to your registration, enquiries, bookings or transactions carried out through the Platform and promotions undertaken by the Company. If you are in the EEA or the United Kingdom, the Company will send you marketing communications by email, SMS or telephone only where you have given prior consent, or where otherwise permitted by applicable law (for example, marketing of similar services to existing users who were given a simple way to opt out when their details were collected and, in every message). You have the option to opt out of receiving newsletters and other general marketing communications from the Company through the unsubscribe options provided in such communications (as applicable). The Company will take reasonable steps to remove you from such marketing lists upon your request. However, you will not be able to opt out of receiving administrative messages, customer service responses or other transactional or service-related communications.

 

20. GOVERNING LAW AND DISPUTE RESOLUTION

20.1. This Privacy Policy shall be governed by and interpreted and construed in accordance with the laws of U.A.E. The place of jurisdiction shall exclusively be the courts of U.A.E. The parties shall first attempt in good faith to resolve any dispute amicably through the grievance redressal mechanism below. Nothing in this Section deprives you of the protection of the mandatory provisions of the law of your country of residence, or of your right to lodge a complaint with a supervisory authority or to bring proceedings before the courts of your country of residence where applicable law permits.

 

21. GRIEVANCE REDRESSAL MECHANISM

21.1. The name and contact details of the Grievance Officer are provided below:

• Name: Kristabelle Abou Naoum
• Email: support@neuraserv.com

21.2. For registering your complaint, please contact the Grievance Officer at the above-mentioned details in relation to any violation of this Privacy Policy or the processing of Information.

 

22. DETAILS AND CONTACT INFORMATION OF THE COMPANY

22.1. If you have questions or concerns about this Privacy Policy, or if you are a parent wishing to exercise any right or withdraw consent on behalf of a minor or person with disability, please contact the Company at the following address:

• Email: support@neuraserv.com