Privacy Policy
Virtual Arts Ltd. (“Virtual Arts”, “we,” “our,” “us”) recognises that you care how information about you is collected and used. Virtual Arts has created this privacy policy to inform you of our practices regarding collection, use, and sharing of information. Please read the following carefully to understand our views and practices regarding your personal data and how it will be treated.
The practices described in this privacy policy apply to information gathered through our websites, including but not limited to virtualarts.co.uk, asteroidsbenchmarks.com, lightstreamracer.com and our benchmarks, games, animations and experiences including but not limited to Asteroids Benchmarks™, Cargo Racing VR™, Hexi™ and Lightstream Racer™ (collectively, “Site”) and do not necessarily reflect our practices with respect to information gathered through off-line means. Use of a Site is also subject to any applicable Terms of Service for a given Site and to our personal information gathering and dissemination practices and policies described below. This privacy policy forms part of our Terms of Service. For the purpose of any applicable data protection and privacy legislation, our data controller is Virtual Arts Ltd., St John’s Innovation Centre, St John’s Innovation Park, Cowley Road, Cambridge, CB4 0WS, who may be reached at: privacy@virtualarts.co.uk.
This privacy policy will be published in English but may be translated into additional languages for convenience of the reader. If this privacy policy is published in any language other than English, the English language version will be the governing agreement and shall control interpretation of all matters discussed below.
- WE COLLECT THE FOLLOWING TYPES OF INFORMATION:
YOUR PERSONAL INFORMATION
We collect personal information that you provide when you create an account or otherwise purchase or request services from Virtual Arts or our business partners. This personal information includes information provided at the time of registering to use our Site, downloading or registering to use our games, animations, interactive experiences, posting material, or requesting or purchasing other services. We also may ask you for information when you enter a competition or promotion sponsored by us, our business partners, or when you report a problem with our Site.
When you create an account or otherwise purchase services, you are required to submit your name, your age, your valid email address, and other contact information. Once you sign into the Site using your login information, you are not anonymous to us.
IP ADDRESS
When you use a Site, we gather information about your computer, including your IP address, operating system and browser type, for system administration and to report aggregate information to our partners. We use IP addresses for diagnostic and statistical purposes and to administer the Site.
SITE USAGE
We collect information regarding customer traffic patterns and Site usage. This information may include details of (1) transactions you carry out through our Site, (2) the fulfilment of your orders and (3) your visits to our Site, such as location data, traffic, web blogs, referring web addresses, and other communication data and resources you access. We may collect this information regardless of whether required for our own billing purposes. This information is used to analyse and improve the Site and to provide Virtual Arts users with a more fulfilling experience.
COOKIES
This section explains how and why we use cookies on our Sites.
Cookies are small files that reside on your data storage device (such as a computer or smartphone) and store information about your use of our Site. Cookies help us to improve our Site and deliver a more personalised service. Generally speaking, cookies enable us to:
Estimate our audience size and usage pattern; store information about your preferences, and so allow us to customise our site according to your individual interests; speed up your searches; and, recognise you when you return to our Site.
For your information, we use the following specific types of cookies on our Site:
“Strictly necessary cookies”: These are cookies that are required for the operation of a website. They include, for example, cookies that enable users to log into secure areas of a website, use a shopping cart or make use of e-billing services.
“Analytical/performance cookies”: These types of cookies allow providers to recognise and count the number of visitors and to see how visitors move around their website when they are using it. This assists providers in improving the way their website works, for example, by ensuring that users are finding what they are looking for easily.
“Functionality cookies”: These are used to recognise users when they return to a website. They enable the personalisation of content, the recognition of users and remember user preferences (for example, their choice of language or region).
“Targeting cookies”: These cookies record a user’s visit to a website, the individual pages visited, and the links followed. If the cookie is set by a third party (for example, an advertising network) which also monitors traffic on other websites, this type of cookies may also be used to track a user’s movements across different websites and to create profiles of their general online behaviour. Information collected by tracking cookies is commonly used to serve users with targeted online advertising.
Please note that third parties, such as advertisers, may also use cookies, over which we have no control.
You may refuse to accept cookies by adjusting your internet browser to refuse cookies. However, if you choose this setting you may be unable to access portions of our Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our Site.
USE OF WEB ANALYTICS AND COOKIES
Some of Virtual Arts’ business partners show our advertisements on sites across the internet. In connection with these advertisements and our Site, we may use certain web analytics services provided by Google, Inc. (“Google”) and other partners. The web analytics help us understand how users use our Site and help us advertise online. Such services include, but are not limited to, “Remarketing with Google Analytics” and “Google Display Network Impression Reporting”.
To facilitate these web analytics, we often use cookies. Specifically, Virtual Arts and its business partners, including Google, use analytical and targeting cookies (such as the Google Analytics cookie and the DoubleClick cookie) to:
Inform, optimise, and serve ads based on your past visits to the Site; and report on how our ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to our Site.
The information generated by the cookies about your use of the Site (including your IP address) may be transmitted to and stored by our business partners on servers outside the European Economic Area. Our partners will use this information to evaluate your use of the Site, compile reports on Site activity for us and provide us other services relating to website activity and internet usage. Our business partners perform these services for us under written confidentiality and data protection obligations. From time to time, our partners may be required to transfer this information to third parties where required to do so by law, or where third parties process the information on Virtual Arts’ or our partner’s behalf (for more information, please see “THIRD PARTY USE” below).
We will not (and will not allow any third party to) use the web analytics tools to track or to collect any personally identifiable information of visitors to our Site (such as name, email address, or billing address, but excluding IP addresses). With respect to services provided by Google, you may opt-out of Google Analytics for Display Advertising and customise the Google Display Network ads using the following link: https://www.google.com/settings/ads.
- WE MAY SHARE AND DISCLOSE YOUR INFORMATION IN THE FOLLOWING WAYS:
TO CONTACT YOU
We may use your personal information to contact you. For example, we may send you e-mail messages under the following circumstances:
- To respond to an inquiry or request for information;
- To thank you for contacting us;
- To welcome you to the Site;
- To explain new offerings and features of Virtual Arts;
- To communicate with you regarding your use of the Site;
- To notify you about changes to our service; and
- To market Virtual Arts’ products and services and the products and services of our business partners.
TO PROVIDE SERVICES
We may use your personally identifiable information to provide information or products that you request from us or which we feel may interest you, where you have consented to be contacted for such purpose, to perform services that you request we perform, to carry out our obligations arising from any contracts between you and us and/or to allow you to participate in interactive features of our service, when you choose to do so.
INTERNAL USE
We may share your personally identifiable information within our corporate group (which includes Virtual Arts and any parent or subsidiary companies) for the purposes of furthering our business and services, including analysing your information, improving the Site, and other uses.
AGGREGATED INFORMATION
We may collect aggregated demographic information about our users, such as age, interests, etc. We may share certain aggregated demographic information with our business partners regarding the users of the Site. The aggregated information that we provide is not directly linked to any personally identifiable information.
THIRD PARTY USE
We may share your personally identifiable information with our subsidiary companies, our affiliates and our business partners, all of whom work with or on behalf of Virtual Arts under confidentiality and data protection obligations. These companies may use your personal information to assist Virtual Arts in performing services you requested, or for communicating with you about the Site, Virtual Arts, or other offerings of Virtual Arts. Such third parties will be contractually obligated to protect your information.
DISCLOSURE OF YOUR INFORMATION
We may use and disclose your personally identifiable information to the extent reasonably necessary for the following reasons: – to correct technical problems and malfunctions in how we provide our products and services to you and to process your information; – to protect the security and integrity of the Site and our internet service, including without limitation to enforce our Terms of Service; – to protect our rights and property and the rights and property of others; – to take precautions against liability; – to respond to claims that your information violates the rights and interests of third parties; – if we buy or sell a business or substantially all the assets of a business, we may disclose your personal data to the prospective seller or buyer (and their respective employees, contractors, officers and directors) of such business or assets; – if Virtual Arts or any of its assets are acquired by a third party, personal data we hold about our users may be one of the transferred assets; – as required by law or to respond to judicial process; and – as permitted under other provisions of law, to provide personal information to law enforcement agencies or for an investigation on a matter related to public safety, including exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
You understand and agree that technical processing of your information is and may be required to: – send and receive messages regarding your use of the Site; – conform to the technical requirements of connecting networks; – conform to the limitations of our service; or – conform to other, similar technical requirements.
USAGE TRACKING
We may monitor how our users use our Site including without limitation search terms entered, pages visited, and documents viewed. This information may be stored with an IP address. This information is used solely for purposes of enabling us to provide you with a personalised Site experience. Aggregated forms of this data may also be used in order to help us understand areas for future research and to identify future features and functions to develop for the Site.
LINKS TO OTHER SITES
This Site may contain links to other websites. We are not responsible for and shall not have any liability arising from the privacy practices or the content of other websites.
PROCESSING, STORAGE AND TRANSFER OF PERSONAL INFORMATION
We may store information collected via the Site, including without limitation your personally identifiable information, indefinitely. The data we collect from you may be transferred to, stored and processed at one or more destinations whether inside or outside the European Economic Area (“EEA”), including, without limitation, the United States of America or the People’s Republic of China for any purposes set out in this privacy policy. The data we collect also may be processed by staff and/or contractors located whether inside or outside the EEA who work for us or for our suppliers. Such staff and/or contractors may be engaged in, among other things, the fulfilment of your order, the processing of your payment details, and the provision of support services. By submitting your personal data, you agree to this transfer, storing, or processing. We will take steps reasonably necessary to ensure your data is treated securely and in accordance with this privacy policy. Where we have given you (or where you have chosen) a password that enables you access to certain parts of our Site, you are solely responsible for keeping this password confidential. We ask that you not share a password with anyone.
- OTHER RIGHTS AND INFORMATION
INFORMATION REVIEW
You have the right to review the information about you held by us. In addition, you may change the information provided to us. For questions about your information, or to receive or change the information about you, please contact us at: privacy@virtualarts.co.uk.
SECURITY PRECAUTIONS
Virtual Arts takes precautions to protect data and information under our control from misuse, loss or alteration. Virtual Arts’ security measures include industry-standard technology and equipment to help protect your information, and we maintain security measures to allow only the appropriate personnel and contractors access to your information. Unfortunately, no system can ensure complete security, and Virtual Arts disclaims any liability resulting from use of the Site. If you have any questions about the security at our Site, please send an e-mail to: privacy@virtualarts.co.uk.
NOTIFICATION OF CHANGES TO OUR PRIVACY POLICY
By using our Site, you acknowledge and consent to our privacy policy. However, we reserve the right to change or modify our information collection, use and disclosure practices set forth in this privacy policy. If we decide to change our privacy policy, we will post those changes on the Site so our users and customers are always aware of what information we collect, use and disclose. If at any point we decide to use or disclose your personally identifiable information in a manner different from that stated at the time it was collected, we will notify you in writing, which may or may not be by e-mail. If you object to the change to our privacy policy, then you must contact us using the information provided in the notice. We will otherwise use and disclose a user’s or a customer’s personally identifiable information in accordance with the privacy policy that was in effect when such information was collected.
CHANGE IN CONTROL
If Virtual Arts experiences a “change in control” (defined below), then we may amend our information practices as described in this privacy policy. We will disclose your personally identifiable information to the company or other legal entity that succeeds our operation of the Site. The privacy policy of the succeeding legal entity will then govern the personally identifiable information that we have collected from you under this privacy policy. However, if applicable law prohibits the succeeding legal entity’s privacy policy from governing your personally identifiable information, then this privacy policy shall continue to govern.
“Change in control” means any of the following events:
- A reorganization, merger, consolidation, acquisition or other restructuring involving all or substantially all of our voting securities and/or assets, by operation of law or otherwise;
- Insolvency;
- A general assignment for the benefit of creditors;
- Appointment of a receiver for our business or assets;
- We become subject to any bankruptcy or insolvency proceedings, whether domestic or foreign; or our liquidation, voluntarily or otherwise.
QUESTIONS ABOUT OUR PRIVACY POLICY
If you have any questions about this privacy policy or the personal information practices of our Site, please contact us at privacy@virtualarts.co.uk.
Effective Date: 31 July 2017
Licensing
Commercial or non-personal use
Contact us for commercial use of Asteroids Benchmarks.
Personal and non-commercial use
END USER LICENCE AGREEMENT
THIS END USER LICENSE AGREEMENT (“AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN VIRTUAL ARTS LIMITED WITH REGISTERED ADDRESS AT ST JOHNS INNOVATION CENTRE, COWLEY ROAD CAMBRIDGE CB4 0WS, UK (“VIRTUAL ARTS”) AND YOU (“LICENSEE”).
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING, EXECUTING OR OTHERWISE USING THE SOFTWARE. ANY OF THE ABOVE ACTIONS SHALL BE DEEMED TO INDICATE THAT YOU HAVE READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, UNDERSTAND THEM AND AGREE TO BE LEGALLY BOUND BY THEM.
SHOULD YOU CHOOSE NOT TO ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT DO NOT DOWNLOAD, INSTALL, EXECUTE OR OTHERWISE USE THE SOFTWARE.
THE LICENSE GRANTED IN THIS AGREEMENT IS FOR PRIVATE, NON-COMMERCIAL USE ONLY: THE SOFTWARE IS LICENSED FOR PERSONAL AND NON-COMMERCIAL USE BY YOU TO TEST THE PERFORMANCE OF A DEVICE OWNED BY YOU OR UNDER YOUR CONTROL. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. IF YOU NEED A LICENSE FOR THE SOFTWARE FOR COMMERCIAL USE, PLEASE CONTACT SALES@VIRTUALARTS.CO.UK
1. DEFINITIONS
“Software” means the performance testing benchmark software made available online (through internet connection) by VIRTUAL ARTS under this Agreement.
“Use” means non-commercial use of the Software for benchmarking a device. Use expressly excludes any commercial use. Commercial use includes, but is not limited to, benchmarking by any entity for any purpose related to the development or marketing of any device or component.
2. LICENSE
Subject to the terms and conditions of this Agreement, VIRTUAL ARTS hereby grants LICENSEE a revocable, worldwide, non-exclusive, non-transferable, non-sublicensable, limited right and license to install and Use one copy of the Software in object or executable form subject to the terms of this Agreement.
LICENSEE shall NOT:
(a) use, copy, adapt, modify, or transfer copies of the Software (or authorize any person to do so) except as expressly permitted under this Agreement;
(b) reverse engineer, re-configure, modify, translate, decompile, disassemble or make derivative works based on the Software except and only to the extent that such activity is expressly permitted by applicable mandatory law notwithstanding this limitation; or
(c) sell, distribute, rent, lease, sublicense, transfer or assign the Software.
3. INTELLECTUAL PROPERTY RIGHTS
The Software (including its structure, sequence and organisation) is owned by VIRTUAL ARTS and is protected by copyright and other intellectual property laws and international treaties. The Software is licensed not sold. LICENSEE acquires no rights to the Software other than as expressly provided under this Agreement.
LICENSEE shall not remove from the Software any copyright notice or other notice.
LICENSEE shall keep any data which relates to the performance, efficacy, reliability or quality of the Software confidential and shall use reasonable efforts to maintain the confidentiality of the information and not disclose such information to any third party without the express written permission of VIRTUAL ARTS.
4. RESULTS
LICENSEE acknowledges and accepts that the results (“Test Results”) generated by Use of the Software by LICENSEE:
(a) will be automatically uploaded to servers owned or controlled by VIRTUAL ARTS; and
(b) will be owned by VIRTUAL ARTS.
The Test Results may or may not be displayed on VIRTUAL ARTS’s website at the sole discretion of VIRTUAL ARTS and VIRTUAL ARTS may display, remove or relocate the Test Results without providing any notice or reason to LICENSEE.
5. TERMINATION
This Agreement shall remain in force until terminated by VIRTUAL ARTS or by LICENSEE in accordance with the terms of this Agreement.
Without prejudice to any other rights of VIRTUAL ARTS, if LICENSEE is in breach of any of the terms and conditions of this Agreement then VIRTUAL ARTS may terminate this Agreement immediately upon giving written notice to LICENSEE.
LICENSEE may terminate this Agreement at any time.
Upon termination of this Agreement by LICENSEE or by VIRTUAL ARTS, LICENSEE shall stop using the Software and confidential information and destroy all copies of the Software and confidential information in LICENSEE’s possession.
6. DISCLAIMER OF WARRANTIES
LICENSEE AGREES THAT THE SOFTWARE IS LICENSED “AS IS” AND THAT VIRTUAL ARTS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE.
7. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VIRTUAL ARTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF USE OF THE SOFTWARE, LOSS OF DATA OR EQUIPMENT, THE COSTS OF RECOVERING THE SOFTWARE, DATA OR EQUIPMENT, THE COST OF SUBSTITUTE SOFTWARE, DATA OR EQUIPMENT AND CLAIMS BY THIRD PARTIES) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE WHETHER BASED ON A CLAIM UNDER CONTRACT, TORT OR OTHER LEGAL THEORY, EVEN IF VIRTUAL ARTS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, THE MAXIMUM LIABILITY OF VIRTUAL ARTS TO LICENSEE IN AGGREGATE FOR ALL CLAIMS MADE AGAINST VIRTUAL ARTS IN CONTRACT TORT OR OTHERWISE UNDER OR IN CONNECTION WITH THE SUBJECT MATTER OF THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF; (A) THE TOTAL OF SUMS PAID BY LICENSEE TO VIRTUAL ARTS (IF ANY) UNDER THIS AGREEMENT; AND (B) £10.00. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE OR EXTEND THE LIMITION OF LIABILITY.
VIRTUAL ARTS does not seek to limit or exclude liability for death or personal injury arising from negligence or fraud and because some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages the above limitation relating to liability for consequential damages may not apply to LICENSEE.
8. PRIVACY
VIRTUAL ARTS’s general Privacy Policy applies to the Software and this Agreement. Use by LICENSEE of the Software shall be deemed consent by LICENSEE to the terms of VIRTUAL ARTS’s general Privacy Policy. A copy of the Privacy Policy can be found at http://www.virtualarts.co.uk/privacypolicy.
9. MISCELLANEOUS
This Agreement constitutes the entire agreement between LICENSEE and VIRTUAL ARTS relating to the Software and supersedes and replaces any prior or contemporaneous agreements between the LICENSEE and VIRTUAL ARTS regarding the Software.
The rights granted in this Agreement may not be assigned or transferred by the LICENSEE without the prior written approval of VIRTUAL ARTS.
If any clause or sentence in this Agreement is held by a court of law to be illegal or unenforceable the remaining provisions of this Agreement shall not be affected thereby.
The failure by VIRTUAL ARTS to enforce any of the provisions of this Agreement, unless waived in writing, shall not constitute a waiver of the right of VIRTUAL ARTS to enforce such provision or any other provision of this Agreement in the future.
LICENSEE acknowledges that LICENSEE has the authority to enter into this Agreement and LICENSEE further acknowledges and agrees that this Agreement constitutes a valid and legally binding obligation on the part of the LICENSEE.
This Agreement is governed by and construed in accordance with the laws of England and Wales.