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KRLuckmon
Terms of Service
ACCEPTANCE OF TERMS
Please read these terms and conditions (this “Agreement” or these “Terms”) carefully.
This Agreement is effective when the User clicks on the “AGREE & CONTINUE” button during
the Luckmon account creation process (the “Effective Date”) and by doing so, User agrees
to be bound by the terms of this Agreement.
These Terms constitute an agreement, which includes the privacy policy (“Privacy Policy”) and the community guidelines (“Community Guidelines”) by and between Luckmon inc., (“Luckmon” or “we”) and any individual user (the “User” or “you”) that uses or accesses the Services (defined hereinafter).
Luckmon reserves the right to update and change these Terms and the Services at any time and any new services, features or tools which are added to the current Services shall also be subject to the Terms of Use. You are advised to review these Terms from time to time for updates and changes that may impact you. Any use of the Services after such updates and changes will mean that you accept them. You can always review the last updated version of the Terms at https://www.luckmon.com/legal/terms. Please also review from time to time our Privacy Policy at https://www.luckmon.com/legal/privacy.
SERVICES The Services offered by Luckmon under the Terms consist of the Luckmon website and mobile applications (the “App”) offering rewards to Users in exchange to download and review and/or use any game suggested in the App (the “Services”).
ACCOUNT & ELIGIBILITY Some of the Services require that you sign up for a User account. Only one (1) User account may be set up per User. Only users 18 years or older are permitted to register for a User account. Transferring or selling a User account to third parties for their own purposes is not permitted. By using the Services, you represent and warrant that (a) all information you submit to Luckmon are truthful and accurate; (b) you will maintain the accuracy of all such information; (c) you will uphold and respect these Terms at all times; (d) your use of the Services does not violate any applicable law or regulation; (e) you will safeguard your account information and will supervise and be completely responsible for any use of your Account by you and anyone other than you. Your account may be deleted without warning at Luckmon’s sole discretion if we believe that you violate any of these Terms.
Some of the Services that we provide require that you enable the "Display of Other Apps" option. Enabling this option will allow us to better understand the types of games you prefer to play so that we can suggest to you other similar games. You will receive a notification if you need to enable this option.
Some of our Services that we provide allow for a “Guest” or “Continue as Guest” option allowing restricted access to the Service. We reserve the right to modify restrictions applied to certain features when accessing the Service through a Guest option. You will not have full, unrestricted access to all features of the Service without completing a sign up for a User account.
RULES OF USER CONDUCT Our App contains a social feature allowing the User to interact with other User(s). All Users are subject to our Community Guidelines detailing the rules of user conduct with respect to interacting with other Users on our App. Luckmon reserves the right to restrict User access to the social feature or indefinitely ban a User account for violation of our Community Guidelines.
The User may only set up one account in the App. It is prohibited to create multiple accounts or transfer or sell a User account to third parties. You are not allowed to use a virtual private network (“VPN”), proxy or any other means to obscure the true source of traffic when using the Services. You are not allowed to use any other electronic means such as an internet bot or web robot (“Bot”) to generate automated views, clicks or conversions or employing any misleading practices such as repeated manual clicks to artificially inflate user activity and/or revenues when using the Services. Any User activity that uses a VPN, proxy or Bot will be considered as fraudulent activity and will be blocked by our fraud prevention system. The use of a VPN, proxy or Bot can cause your device to be permanently blacklisted and your User account to be either suspended or terminated.
Luckmon reserves the right to indefinitely ban any user found to be using an auto clicker program or any similar software that allows a user to falsify data relating to their phone's input, or that allows them to appear to be using their phone when in reality they have left it idle.
Luckmon reserves the right to indefinitely ban any user found to be accessing the application through an emulator of any kind, regardless of the platform on which the emulator is being used.
Luckmon reserves the right to ban any account associated with software that can be used to modify games, or software that can unlock in-game content for free that would otherwise need to be purchased.
Luckmon reserves the right to ban any account associated with disposable email addresses that automatically forward messages to an alternate address, or that can automatically visit and open verification links that are sent to them.
Luckmon reserves the right to nullify all Gems earned on any account that has been banned, and to disable the redemption of rewards on all banned accounts, regardless of the reason for which the account was banned.
Luckmon reserves the right to indefinitely ban any user found to be using a rooted device or any device for which the user has been granted root access or privileged control. Rooted devices are not supported devices and may at any time be blocked from us.
Luckmon reserves the right to reject any gift card purchase request issued from an account associated with a rooted device, or from any account banned for fraudulent activity.
Luckmon reserves the right to permanently ban any user account created by an individual under the age of 18.
Luckmon reserves the right to ban any account that appears to be using, downloading or accessing the app fraudulently. This includes but is not limited to users who download the App through a means other than the Google Play store, users with privileged control over their devices, users with suspicious third-party firmware on their device, users manipulating their IP address, users unable to complete the face verification or phone verification processes for fraud verification purposes, users using software that makes them appear active when they are idle, users accessing the app from an emulator of any kind, or any user attempting to fraudulently earn Gems through any means other than playing games.
It is prohibited to access the Luckmon application on any device other than an Android mobile phone or tablet and doing so can result in an account ban or rejection of an order.
TERM This Agreement will remain in full force and effect while you use the Services and/or have a Luckmon account (the “Term”). You may stop using the Services at any time, for any reason, by uninstalling the App from your mobile device. Luckmon may terminate or suspend your account at any time without notice if Luckmon reasonably believes that you have breached this Agreement. After your account is terminated, this Agreement will terminate, except for the provisions of the sections labelled “Payment & Fees”, “Intellectual Property”, “No Liability”, “No Warranty”, “Indemnity”, “Severability, Force Majeure, Entire Agreement & Headings”, “Representations and Warranties”, and “Governing Law and Language”.
Upon termination of this Agreement, User shall discontinue its use of the Services. However, termination of this Agreement by Luckmon shall not limit User's obligation to pay any outstanding fees, if applicable, nor restrict Luckmon from pursuing any other remedies available to it, including injunctive relief.
User agrees that following termination of User’s account and/or use of the Services, Luckmon may immediately deactivate User’s account and delete User data and accumulated rewards. User further agrees that Luckmon shall not be liable to User nor to any third party for any termination of User access to the Services or deletion of User data. The foregoing shall not apply if such termination or deletion is attributable to Luckmon’s gross negligence or willful misconduct.
PAYMENT & FEES User agrees to pay to Luckmon any fees for each Service that User purchases, uses, or subscribes to in accordance with the pricing and payment terms presented by Luckmon for such Service. Where applicable, you will be billed using the billing method selected by the User at the moment of purchase. Luckmon refunds as prescribed in the applicable law, and for more details, please refer to the respective webpage for sales.
REWARDS Luckmon offers loyalty points, used as virtual currency in the Luckmon apps and referred to as “Gems”, to Users in exchange for testing, reviewing and/or using the mobile games listed in the App. Luckmon does not reward for time spent in App but rather for real gametime. Leaving the App open does not constitute gameplay. Users can redeem Gems for different rewards offered by Luckmon, such as gift cards, gift certificates, prepaid cash cards or content codes (collectively “Rewards”). The Rewards cannot be redeemed for cash or in any way resold, exchanged or returned for a cash refund, unless required by law. Rewards may be redeemed in countries where applicable merchants and services are available. Luckmon is not responsible for any valid Reward which the user is unable to redeem due to their age, situation, or country of residence. Luckmon is not responsible for any lost, stolen, or malfunctioning Rewards except when it is caused by gross negligence or willful misconduct of Luckmon.
For all users 18 years or older, when redeeming a reward through our Shop, we may verify your face via a ‘video selfie’ using a third party face verification technology. We use this information exclusively for the purpose of fraud prevention and to ensure that prizes are not earned through bots, automated processes or fraudulent use of software. We will use your ‘video selfie’ exclusively for fraud prevention. Upon redeeming a reward from our Shop, you will be prompted to provide a video selfie using your mobile device’s camera. This video selfie provides us with a face map (a mathematical representation of your face generated through our third party provider, Facetec). This video selfie is encrypted on your mobile device before being sent to our servers for processing, and is linked to your user account to ensure the uniqueness of your user registration within the mobile application. If you do not want to redeem rewards through the Shop, you can continue to use all other features of the mobile application without providing a video selfie. For more information, please refer to our Privacy Policy available at Https://www.luckmon.com/legal/privacy.
Until October 31, 2021, existing users between the ages of 13 and 17 years old will be required to provide a phone number to verify their account upon redeeming a reward through our Shop. We use this information exclusively for the purpose of fraud prevention and to ensure that prizes are not earned through bots, automated processes or fraudulent use of software. Upon redeeming a reward from our Shop, you will be prompted to provide a phone number, which is linked to your user account to ensure the uniqueness of your user registration within the mobile application. If you do not want to redeem a reward from our Shop, you can use all other features of the mobile application without providing your phone number.
INACTIVITY Luckmon reserves the right to delete without notice any account which has been inactive for a consecutive period of one hundred eighty (180) days. An account is deemed inactive when: (i) no Gems have been redeemed or credited; (ii) no new referral sign-ups have occurred using the account’s referral link; (iii) there has been no access or attempt to access the Services. If the account contains any Gems or Rewards, they will be considered void without notice.
LICENSE During the Term, Luckmon grants User a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Services on the terms set forth in this Agreement. User agrees that all rights, title, and interest in and to all the intellectual property rights in the Services, and all modifications, extensions, scripts and other derivative works of the Services provided or developed by Luckmon are owned exclusively by Luckmon or its licensors. All rights not granted to Users in this Agreement are reserved by Luckmon.
LICENSE RESTRICTIONS NOTICE: For privacy and fraud prevention purposes, As of August 25, 2021, individuals under the age of 18 are prohibited from creating a Luckmon user account.*
User shall not (i) create an Account or access the Service if they are under the age of 18; (ii) decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming or interoperability interfaces of or used by the Services, by any means whatsoever; (iii) distribute viruses or other harmful or malicious computer code via or into the Services; (iv) engage in any conduct that disrupts or impedes a third party’s use and enjoyment of the Services; (v) remove any product identification, copyright or other notices from the Services; (vi) sell, lease, lend, assign, sublicense, grant access or otherwise transfer or disclose the Services in whole or in part, to any third party; (vii) use the Services for time-sharing, service bureau or hosting purposes or otherwise use, resell, sublicense, distribute or transfer or allow others to use the Services to or for the benefit of third parties; (viii) modify or incorporate into or with other software or create a derivative work of any part of the Services; (ix) use the output or other information generated by the Services for any purpose other than as contemplated by this Agreement; (x) use the Services for any use other than User’s internal business use; (xi) use unauthorized modified versions of the Services, including without limitation, for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the Services; or (xii) use the Services in any way that is contrary to applicable local, state/provincial, federal and foreign laws, including without limitation those relating to privacy, electronic communications and anti-spam legislation. Luckmon retains all title to, and, except as expressly licensed herein, all rights to the Services, all copies, derivatives, and improvements thereof and all related documentation and materials.
INTELLECTUAL PROPERTY The Services contain copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Services are copyrighted as a collective work under copyright laws. Luckmon owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution no no, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of Luckmon and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.
CONFIDENTIAL INFORMATION Luckmon and User shall each retain in confidence all information received from the other party pursuant to or in connection with this Agreement that the disclosing party identifies as being proprietary and/or confidential or that, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as proprietary and/or confidential ("Confidential Information"), and will make no use of such Confidential Information except as necessary to fulfill their respective obligations under the terms and during the term of this Agreement. Luckmon may collect some Confidential Information from User which includes, without limitation, their name, email address, age, gender, profile picture, social media profiles and payment information. The restrictions set forth above will not apply to (i) information previously known to the receiving party without reference to the disclosing party's Confidential Information, (ii) information which is or becomes publicly known through no wrongful act of the receiving party, (iii) information that is independently developed by either of the parties, or (iv) information required to be disclosed pursuant to applicable law.
PRIVACY POLICY Data protection is important at Luckmon. Luckmon collects and treats User information in accordance with its Privacy Policy available at Https://www.luckmon.com/legal/privacy.
THIRD PARTY SERVICES Luckmon may recommend, provide you with access to, or enable third party software, applications, products, services, or website links (collectively, “Third Party Services”) for your consideration or use. Such Third-Party Services are made available only as a convenience, and download, purchase, access, or use of any such Third-Party Services is solely between you and the applicable third-party services provider (“Third Party Provider”). Any use by you of Third-Party Services offered through the Services or the App is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third-Party Services before using them. Under no circumstances shall Luckmon be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary, or other damages whatsoever, that result from any Third-Party Services or your contractual relationship with any Third-Party Provider. These limitations shall apply even if Luckmon has been advised of the possibility of such damages.
NO WARRANTY Luckmon works to keep the services bug-free and safe but the user agrees to use the services at user’s own risk. Luckmon is providing the services “as is” and “as available” without any representations and warranties, express, implied, or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, neither Luckmon, its affiliates nor any of their respective employees, agents, mandataries, third party content providers or licensors make no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free.
All games featured in the Discover Weekly section of the app are recommended based on similar games that a user has installed on their device. The featured games are not hand-picked or vetted by Luckmon, and downloading these games carries the same risk as downloading any other game directly from the Google Play Store. Luckmon accepts no responsibility for any unintended consequences of selecting a game from the discover weekly playlist.
NO LIABILITY In no event shall Luckmon or its respective suppliers or affiliates be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, or any damages or loss arising from the services provided by third party providers, whether in an action of contract, negligence or other civil liability action, arising out of or in connection with the use of any software, program or platform provided as part of the services except in the case of intentional or gross fault.
To the extent your data is used for research purposes, the limitation of liability clause above and the indemnity clause below are waived with respect to any harms suffered or liabilities incurred as a result of such research activities.
INDEMNITY User agrees to defend, indemnify, and hold harmless Luckmon, its affiliates and their respective directors, officers, employees, agents, and mandataries from and against all claims and expenses, including without limitation, attorneys' fees (collectively the “Costs”), to the extent that such Costs are attributable to any breach by User, of any representations, warranties, or other obligations set forth in this Agreement or arising out of the use of the Services by User.
GOVERNING LAW AND LANGUAGE These Terms of Service shall be construed in accordance with the laws applicable in the province of California, United States, without regard to its conflict of laws rules. User hereby agrees, for any dispute or controversy arising under or in connection with this Agreement or resulting from the Services or Corporation’s website shall be settled exclusively by arbitration in California (United States), in accordance with the Code of civil procedure of the province of California.
The parties to this Agreement confirm that it is their wish that: (1) this Agreement and all other related documents be prepared in English; (2) any litigation or dispute resolution proceeding be held in English; and (3) any litigation or dispute resolution document or court filing be drafted in English only.
SEVERABILITY, FORCE MAJEURE, ENTIRE AGREEMENT AND HEADINGS If one or more of the provisions of this Agreement is held to be invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, then the validity, legality, and enforceability of the remaining provisions of this Agreement shall be unaffected. Neither party shall be deemed in default or otherwise liable for any delay in or failure of its performance under this Agreement (other than payment obligations) by reason of any act of God, fire, natural disaster, accident, act of government, shortage of materials or supplies, failure of transportation or communication or of suppliers of goods or services, or any other cause to the extent it is beyond the reasonable control of such party. This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous written, electronic, or oral communications, representations, agreements, or understandings between the parties with respect thereto. The headings in this Agreement have been inserted solely for ease of reference and shall not modify, in any manner whatsoever, the meaning or scope of the provisions hereof.
REPRESENTATIONS AND WARRANTIES User represents and warrants that currently and throughout the Term (i) it is fully authorized to enter into this Agreement and that User is fully authorized to use the Services; and (ii) User is and will remain in compliance with all applicable laws and regulations with respect to its activities related to this Agreement, including but not limited to privacy laws. User agrees to comply with all of Luckmon’s policies and all laws, rules and regulations relating to the use of the Services. Any violation of this section may result in loss of features, up to and including termination of User’s account. User will indemnify Luckmon for any costs, fines or damages incurred by Luckmon due to User's failure to comply with this section.
These Terms constitute an agreement, which includes the privacy policy (“Privacy Policy”) and the community guidelines (“Community Guidelines”) by and between Luckmon inc., (“Luckmon” or “we”) and any individual user (the “User” or “you”) that uses or accesses the Services (defined hereinafter).
Luckmon reserves the right to update and change these Terms and the Services at any time and any new services, features or tools which are added to the current Services shall also be subject to the Terms of Use. You are advised to review these Terms from time to time for updates and changes that may impact you. Any use of the Services after such updates and changes will mean that you accept them. You can always review the last updated version of the Terms at https://www.luckmon.com/legal/terms. Please also review from time to time our Privacy Policy at https://www.luckmon.com/legal/privacy.
SERVICES The Services offered by Luckmon under the Terms consist of the Luckmon website and mobile applications (the “App”) offering rewards to Users in exchange to download and review and/or use any game suggested in the App (the “Services”).
ACCOUNT & ELIGIBILITY Some of the Services require that you sign up for a User account. Only one (1) User account may be set up per User. Only users 18 years or older are permitted to register for a User account. Transferring or selling a User account to third parties for their own purposes is not permitted. By using the Services, you represent and warrant that (a) all information you submit to Luckmon are truthful and accurate; (b) you will maintain the accuracy of all such information; (c) you will uphold and respect these Terms at all times; (d) your use of the Services does not violate any applicable law or regulation; (e) you will safeguard your account information and will supervise and be completely responsible for any use of your Account by you and anyone other than you. Your account may be deleted without warning at Luckmon’s sole discretion if we believe that you violate any of these Terms.
Some of the Services that we provide require that you enable the "Display of Other Apps" option. Enabling this option will allow us to better understand the types of games you prefer to play so that we can suggest to you other similar games. You will receive a notification if you need to enable this option.
Some of our Services that we provide allow for a “Guest” or “Continue as Guest” option allowing restricted access to the Service. We reserve the right to modify restrictions applied to certain features when accessing the Service through a Guest option. You will not have full, unrestricted access to all features of the Service without completing a sign up for a User account.
RULES OF USER CONDUCT Our App contains a social feature allowing the User to interact with other User(s). All Users are subject to our Community Guidelines detailing the rules of user conduct with respect to interacting with other Users on our App. Luckmon reserves the right to restrict User access to the social feature or indefinitely ban a User account for violation of our Community Guidelines.
The User may only set up one account in the App. It is prohibited to create multiple accounts or transfer or sell a User account to third parties. You are not allowed to use a virtual private network (“VPN”), proxy or any other means to obscure the true source of traffic when using the Services. You are not allowed to use any other electronic means such as an internet bot or web robot (“Bot”) to generate automated views, clicks or conversions or employing any misleading practices such as repeated manual clicks to artificially inflate user activity and/or revenues when using the Services. Any User activity that uses a VPN, proxy or Bot will be considered as fraudulent activity and will be blocked by our fraud prevention system. The use of a VPN, proxy or Bot can cause your device to be permanently blacklisted and your User account to be either suspended or terminated.
Luckmon reserves the right to indefinitely ban any user found to be using an auto clicker program or any similar software that allows a user to falsify data relating to their phone's input, or that allows them to appear to be using their phone when in reality they have left it idle.
Luckmon reserves the right to indefinitely ban any user found to be accessing the application through an emulator of any kind, regardless of the platform on which the emulator is being used.
Luckmon reserves the right to ban any account associated with software that can be used to modify games, or software that can unlock in-game content for free that would otherwise need to be purchased.
Luckmon reserves the right to ban any account associated with disposable email addresses that automatically forward messages to an alternate address, or that can automatically visit and open verification links that are sent to them.
Luckmon reserves the right to nullify all Gems earned on any account that has been banned, and to disable the redemption of rewards on all banned accounts, regardless of the reason for which the account was banned.
Luckmon reserves the right to indefinitely ban any user found to be using a rooted device or any device for which the user has been granted root access or privileged control. Rooted devices are not supported devices and may at any time be blocked from us.
Luckmon reserves the right to reject any gift card purchase request issued from an account associated with a rooted device, or from any account banned for fraudulent activity.
Luckmon reserves the right to permanently ban any user account created by an individual under the age of 18.
Luckmon reserves the right to ban any account that appears to be using, downloading or accessing the app fraudulently. This includes but is not limited to users who download the App through a means other than the Google Play store, users with privileged control over their devices, users with suspicious third-party firmware on their device, users manipulating their IP address, users unable to complete the face verification or phone verification processes for fraud verification purposes, users using software that makes them appear active when they are idle, users accessing the app from an emulator of any kind, or any user attempting to fraudulently earn Gems through any means other than playing games.
It is prohibited to access the Luckmon application on any device other than an Android mobile phone or tablet and doing so can result in an account ban or rejection of an order.
TERM This Agreement will remain in full force and effect while you use the Services and/or have a Luckmon account (the “Term”). You may stop using the Services at any time, for any reason, by uninstalling the App from your mobile device. Luckmon may terminate or suspend your account at any time without notice if Luckmon reasonably believes that you have breached this Agreement. After your account is terminated, this Agreement will terminate, except for the provisions of the sections labelled “Payment & Fees”, “Intellectual Property”, “No Liability”, “No Warranty”, “Indemnity”, “Severability, Force Majeure, Entire Agreement & Headings”, “Representations and Warranties”, and “Governing Law and Language”.
Upon termination of this Agreement, User shall discontinue its use of the Services. However, termination of this Agreement by Luckmon shall not limit User's obligation to pay any outstanding fees, if applicable, nor restrict Luckmon from pursuing any other remedies available to it, including injunctive relief.
User agrees that following termination of User’s account and/or use of the Services, Luckmon may immediately deactivate User’s account and delete User data and accumulated rewards. User further agrees that Luckmon shall not be liable to User nor to any third party for any termination of User access to the Services or deletion of User data. The foregoing shall not apply if such termination or deletion is attributable to Luckmon’s gross negligence or willful misconduct.
PAYMENT & FEES User agrees to pay to Luckmon any fees for each Service that User purchases, uses, or subscribes to in accordance with the pricing and payment terms presented by Luckmon for such Service. Where applicable, you will be billed using the billing method selected by the User at the moment of purchase. Luckmon refunds as prescribed in the applicable law, and for more details, please refer to the respective webpage for sales.
REWARDS Luckmon offers loyalty points, used as virtual currency in the Luckmon apps and referred to as “Gems”, to Users in exchange for testing, reviewing and/or using the mobile games listed in the App. Luckmon does not reward for time spent in App but rather for real gametime. Leaving the App open does not constitute gameplay. Users can redeem Gems for different rewards offered by Luckmon, such as gift cards, gift certificates, prepaid cash cards or content codes (collectively “Rewards”). The Rewards cannot be redeemed for cash or in any way resold, exchanged or returned for a cash refund, unless required by law. Rewards may be redeemed in countries where applicable merchants and services are available. Luckmon is not responsible for any valid Reward which the user is unable to redeem due to their age, situation, or country of residence. Luckmon is not responsible for any lost, stolen, or malfunctioning Rewards except when it is caused by gross negligence or willful misconduct of Luckmon.
For all users 18 years or older, when redeeming a reward through our Shop, we may verify your face via a ‘video selfie’ using a third party face verification technology. We use this information exclusively for the purpose of fraud prevention and to ensure that prizes are not earned through bots, automated processes or fraudulent use of software. We will use your ‘video selfie’ exclusively for fraud prevention. Upon redeeming a reward from our Shop, you will be prompted to provide a video selfie using your mobile device’s camera. This video selfie provides us with a face map (a mathematical representation of your face generated through our third party provider, Facetec). This video selfie is encrypted on your mobile device before being sent to our servers for processing, and is linked to your user account to ensure the uniqueness of your user registration within the mobile application. If you do not want to redeem rewards through the Shop, you can continue to use all other features of the mobile application without providing a video selfie. For more information, please refer to our Privacy Policy available at Https://www.luckmon.com/legal/privacy.
Until October 31, 2021, existing users between the ages of 13 and 17 years old will be required to provide a phone number to verify their account upon redeeming a reward through our Shop. We use this information exclusively for the purpose of fraud prevention and to ensure that prizes are not earned through bots, automated processes or fraudulent use of software. Upon redeeming a reward from our Shop, you will be prompted to provide a phone number, which is linked to your user account to ensure the uniqueness of your user registration within the mobile application. If you do not want to redeem a reward from our Shop, you can use all other features of the mobile application without providing your phone number.
INACTIVITY Luckmon reserves the right to delete without notice any account which has been inactive for a consecutive period of one hundred eighty (180) days. An account is deemed inactive when: (i) no Gems have been redeemed or credited; (ii) no new referral sign-ups have occurred using the account’s referral link; (iii) there has been no access or attempt to access the Services. If the account contains any Gems or Rewards, they will be considered void without notice.
LICENSE During the Term, Luckmon grants User a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Services on the terms set forth in this Agreement. User agrees that all rights, title, and interest in and to all the intellectual property rights in the Services, and all modifications, extensions, scripts and other derivative works of the Services provided or developed by Luckmon are owned exclusively by Luckmon or its licensors. All rights not granted to Users in this Agreement are reserved by Luckmon.
LICENSE RESTRICTIONS NOTICE: For privacy and fraud prevention purposes, As of August 25, 2021, individuals under the age of 18 are prohibited from creating a Luckmon user account.*
User shall not (i) create an Account or access the Service if they are under the age of 18; (ii) decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming or interoperability interfaces of or used by the Services, by any means whatsoever; (iii) distribute viruses or other harmful or malicious computer code via or into the Services; (iv) engage in any conduct that disrupts or impedes a third party’s use and enjoyment of the Services; (v) remove any product identification, copyright or other notices from the Services; (vi) sell, lease, lend, assign, sublicense, grant access or otherwise transfer or disclose the Services in whole or in part, to any third party; (vii) use the Services for time-sharing, service bureau or hosting purposes or otherwise use, resell, sublicense, distribute or transfer or allow others to use the Services to or for the benefit of third parties; (viii) modify or incorporate into or with other software or create a derivative work of any part of the Services; (ix) use the output or other information generated by the Services for any purpose other than as contemplated by this Agreement; (x) use the Services for any use other than User’s internal business use; (xi) use unauthorized modified versions of the Services, including without limitation, for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the Services; or (xii) use the Services in any way that is contrary to applicable local, state/provincial, federal and foreign laws, including without limitation those relating to privacy, electronic communications and anti-spam legislation. Luckmon retains all title to, and, except as expressly licensed herein, all rights to the Services, all copies, derivatives, and improvements thereof and all related documentation and materials.
INTELLECTUAL PROPERTY The Services contain copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Services are copyrighted as a collective work under copyright laws. Luckmon owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution no no, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of Luckmon and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.
CONFIDENTIAL INFORMATION Luckmon and User shall each retain in confidence all information received from the other party pursuant to or in connection with this Agreement that the disclosing party identifies as being proprietary and/or confidential or that, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as proprietary and/or confidential ("Confidential Information"), and will make no use of such Confidential Information except as necessary to fulfill their respective obligations under the terms and during the term of this Agreement. Luckmon may collect some Confidential Information from User which includes, without limitation, their name, email address, age, gender, profile picture, social media profiles and payment information. The restrictions set forth above will not apply to (i) information previously known to the receiving party without reference to the disclosing party's Confidential Information, (ii) information which is or becomes publicly known through no wrongful act of the receiving party, (iii) information that is independently developed by either of the parties, or (iv) information required to be disclosed pursuant to applicable law.
PRIVACY POLICY Data protection is important at Luckmon. Luckmon collects and treats User information in accordance with its Privacy Policy available at Https://www.luckmon.com/legal/privacy.
THIRD PARTY SERVICES Luckmon may recommend, provide you with access to, or enable third party software, applications, products, services, or website links (collectively, “Third Party Services”) for your consideration or use. Such Third-Party Services are made available only as a convenience, and download, purchase, access, or use of any such Third-Party Services is solely between you and the applicable third-party services provider (“Third Party Provider”). Any use by you of Third-Party Services offered through the Services or the App is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third-Party Services before using them. Under no circumstances shall Luckmon be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary, or other damages whatsoever, that result from any Third-Party Services or your contractual relationship with any Third-Party Provider. These limitations shall apply even if Luckmon has been advised of the possibility of such damages.
NO WARRANTY Luckmon works to keep the services bug-free and safe but the user agrees to use the services at user’s own risk. Luckmon is providing the services “as is” and “as available” without any representations and warranties, express, implied, or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, neither Luckmon, its affiliates nor any of their respective employees, agents, mandataries, third party content providers or licensors make no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free.
All games featured in the Discover Weekly section of the app are recommended based on similar games that a user has installed on their device. The featured games are not hand-picked or vetted by Luckmon, and downloading these games carries the same risk as downloading any other game directly from the Google Play Store. Luckmon accepts no responsibility for any unintended consequences of selecting a game from the discover weekly playlist.
NO LIABILITY In no event shall Luckmon or its respective suppliers or affiliates be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, or any damages or loss arising from the services provided by third party providers, whether in an action of contract, negligence or other civil liability action, arising out of or in connection with the use of any software, program or platform provided as part of the services except in the case of intentional or gross fault.
To the extent your data is used for research purposes, the limitation of liability clause above and the indemnity clause below are waived with respect to any harms suffered or liabilities incurred as a result of such research activities.
INDEMNITY User agrees to defend, indemnify, and hold harmless Luckmon, its affiliates and their respective directors, officers, employees, agents, and mandataries from and against all claims and expenses, including without limitation, attorneys' fees (collectively the “Costs”), to the extent that such Costs are attributable to any breach by User, of any representations, warranties, or other obligations set forth in this Agreement or arising out of the use of the Services by User.
GOVERNING LAW AND LANGUAGE These Terms of Service shall be construed in accordance with the laws applicable in the province of California, United States, without regard to its conflict of laws rules. User hereby agrees, for any dispute or controversy arising under or in connection with this Agreement or resulting from the Services or Corporation’s website shall be settled exclusively by arbitration in California (United States), in accordance with the Code of civil procedure of the province of California.
The parties to this Agreement confirm that it is their wish that: (1) this Agreement and all other related documents be prepared in English; (2) any litigation or dispute resolution proceeding be held in English; and (3) any litigation or dispute resolution document or court filing be drafted in English only.
SEVERABILITY, FORCE MAJEURE, ENTIRE AGREEMENT AND HEADINGS If one or more of the provisions of this Agreement is held to be invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, then the validity, legality, and enforceability of the remaining provisions of this Agreement shall be unaffected. Neither party shall be deemed in default or otherwise liable for any delay in or failure of its performance under this Agreement (other than payment obligations) by reason of any act of God, fire, natural disaster, accident, act of government, shortage of materials or supplies, failure of transportation or communication or of suppliers of goods or services, or any other cause to the extent it is beyond the reasonable control of such party. This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous written, electronic, or oral communications, representations, agreements, or understandings between the parties with respect thereto. The headings in this Agreement have been inserted solely for ease of reference and shall not modify, in any manner whatsoever, the meaning or scope of the provisions hereof.
REPRESENTATIONS AND WARRANTIES User represents and warrants that currently and throughout the Term (i) it is fully authorized to enter into this Agreement and that User is fully authorized to use the Services; and (ii) User is and will remain in compliance with all applicable laws and regulations with respect to its activities related to this Agreement, including but not limited to privacy laws. User agrees to comply with all of Luckmon’s policies and all laws, rules and regulations relating to the use of the Services. Any violation of this section may result in loss of features, up to and including termination of User’s account. User will indemnify Luckmon for any costs, fines or damages incurred by Luckmon due to User's failure to comply with this section.
Privacy policy
Please read the terms of this Privacy Policy (this “Policy” or these “Terms”) carefully.
The Policy describes to users (“User,” or “Users,” or “you”) how Luckmon Inc.
(“Luckmon”, “we,” “us” or “our”) collects, uses, discloses or otherwise processes
personal information (the terms “personal data” and “personal information” will be used
to mean any information that is able to directly or indirectly identify you, which might
differ slightly depending on the laws that apply where you are located) and other data
we receive from Users using Luckmon’s website, mobile app, products and services (the
“Services”). Examples of personal data include your name, email address, gender, age,
and other information about you.
This Policy is effective when the User clicks on the “ACCEPT & CONTINUE” button during the Luckmon account creation process and by doing so, you agree that you have read and understood the terms of this Policy. If you do not agree with these terms or if you are younger than 18, you are prohibited from registering for a Luckmon user account.
Be sure to return to this page periodically to review the most current version of the Privacy Policy. We reserve the right to change or otherwise modify the Privacy Policy. If we modify it, we will update the "Last Updated" date and will alert users that a change has occurred within the mobile app. If the modified Privacy Policy is not acceptable to you, please do not use the Services.
PERSONAL INFORMATION COLLECTION, DISCLOSURE, AND USE We do not use cookies (or similar technologies) to collect information about you. We collect information you provide directly or indirectly to us, such as when you create or modify your account, request on-demand services, redeem your rewards in our online shop, contact customer support, or otherwise communicate with us. This information may include: name, email, mailing address, age, gender, social media profiles, phone number, and PayPal information. During the registration process, we will also collect information such as your IP address, device ID and Google Advertising ID (together, the “ID”).
We will only collect your personal data as described in this Privacy Policy and will not use or otherwise process your information for any other purposes than described below.
If you sign into our Service using a third-party profile, we will import the first name and last name displayed in such profiles, such as information on Facebook or Google, on our platform.
When you use our Services, we will also collect information about how you interact with the games advertised on our platform. The type of information we collect relates to: i) achievements that are unlocked, ii) in-game purchases, iii) other apps on your device, iv) the time you spend playing games, v) the Gems you’ve earned in Luckmon, and vi) the game experience earned (collectively “User Gaming Profile”). A user’s gaming profile is visible to other users via the chat social networking feature. You may provide other personal information such as services for linking to other accounts like Steam, PlayStation, Xbox, and other platforms.
We use this information exclusively for the purpose of fraud prevention and to ensure that prizes are not earned through bots, automated processes or fraudulent use of software. Upon redeeming a reward from our Shop, you will be prompted to provide a phone number, which is linked to your user account to ensure the uniqueness of your user registration within the mobile application. If you do not want to redeem a reward from our Shop, you can use all other features of the mobile application without providing your phone number.
For all users 18 years old or above, when redeeming a reward through our Shop, we may verify your face via a ‘video selfie’ using a third party face verification technology. We use this information exclusively for the purpose of fraud prevention and to ensure that prizes are not earned through bots, automated processes or fraudulent use of software.
By using our mobile application and accepting our Privacy Policy, you understand that requesting a reward within the Shop on the Luckmon mobile application will only be possible upon additional user authentication via face verification. Your consent applies to the processing of such biometric data as described below, and is an express acknowledgement that such data is “special category” personal data pursuant to Article 9 of the *General Data Protection Regulation* (GDPR).
AUTOMATICALLY COLLECTED INFORMATION Upon accessing and when using the Services, certain information will be required to provide the services and automatically collected, such as:
We use your data for the following purposes:
We will also use your information to create de-identified statistical and analytical data.
DELETION OF COLLECTED INFORMATION We delete your personal information stored in physical form by shredding and personal information stored in electronic files by deleting the files in an irrecoverable manner. Moreover, pursuant to our Terms of Use, if a user does not use the Service for at least one year, the user’s inactive account may be terminated, and the user’s personal data may be destroyed.
DATA RETENTION We will only retain personal data for as long as you use the Services or for as long as it is required to meet the purposes for which it was collected, or as otherwise required by law. When we delete your account, all personal data will be deleted except as required by law. We may also retain personal data for an additional twelve (12) months after deletion for administrative or accounting purposes. Under some circumstances we may anonymize your personal information so that it can no longer be associated with you. We reserve the right to use such anonymous and de-identified data for any legitimate business purpose without further notice to you or your consent.
CHILDREN’S PRIVACY The Services are designed to comply with specific requirements relating to Children’s privacy, including the the Children’s Online Privacy Protection Act applicable in the United States (“COPPA”). COPPA requires that website operators or online services not knowingly collect personal information from anyone under the age of 13 without prior verifiable parental consent.
We restrict the use of our Services to individuals age 13 and above. In compliance with COPPA, we do not knowingly collect or retain Information from our Services from children under the age of 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at [email protected].
For Korean residents only, we restrict the use of our Services to individuals age 14 and above. We do not knowingly collect, maintain, or use personal data from children under the age of 14. If we learn we have collected or received personal information from a child under 14 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 14, please contact us at [email protected].
RIGHT OF ACCESS It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes. By applicable law you have rights related to access and correction of the personal information that we hold about you.
You may make requests by writing to [email protected] (see below for a description of the specific rights with respect to accessing and deleting Information that are provided to California, European, Taiwan and Korean residents). Upon receipt of such a request, Luckmon will endeavor to provide you this information (in electronic readable format) within a reasonable time. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
We may request specific information from you to help us confirm your identity and your right to access, and to provide you with the personal information that we hold about you or make your requested changes. Applicable law may allow or require us to refuse to provide you with access to some or all of the personal information that we hold about you, or we may have destroyed, erased, or made your personal information anonymous in accordance with our record retention obligations and practices. If we cannot provide you with access to your personal information, we will inform you of the reasons why, subject to any legal or regulatory restrictions.
We will provide access to your personal information, subject to exceptions set out in applicable privacy legislation. Examples of such exceptions include:
WITHDRAWAL OF CONSENT TO COLLECT PERSONAL INFORMATION You may withdraw your consent to the collection of personal information at any time by sending a written request to [email protected]. Upon receiving notice that you have revoked your consent, we will stop processing your personal information within a reasonable time, which will vary depending on what information we have collected and for what purpose. Please note that by choosing to withdraw such consent, you may not be able to continue to use the Services or any of the benefits you have earned. You may also ask us to delete your account. By deleting your account, however, any loyalty points that you have earned and not redeemed will be deleted. Please note that we will send you an email requesting your confirmation before we delete your account (please refer to the Data Retention section above).
PROMOTIONAL COMMUNICATIONS We will only send you promotional communications if we have your consent to do so. You may opt out of receiving promotional messages from us by following the instructions (unsubscribe mechanism) in those messages. If you opt out, we may still send you non-promotional communications, such as those about your account, about Services you have requested, or our ongoing business relations.
Third-Party Advertising Companies We may use third-party advertising companies to serve ads on the Service. We do not provide any personal information to third-party advertising companies on a non-aggregate basis. Our system and the third-party advertising technology may use aggregate information, non-personal information, LUCKMON Inc. cookies on your hard drive and your use of the Service to target advertisements. In addition, advertisers may use other third-party advertising technology to target advertising on other sites. If advertisements are served to you, a unique third-party cookie or cookies may be placed on your computer. Similarly, third-party advertising companies may provide us with pixel tags (also called clear gifs or beacons) to help manage and optimize online advertising. Beacons enable us to recognize a browser’s cookie when a browser visits the site on which is beacon is located, and to learn which banner ads bring users to a given site.
Your California Privacy Rights California residents have the right to request (a) information identifying any third party to whom LUCKMON Inc. may have disclosed (within the previous calendar year) his/her personal information for that third party’s direct marketing purposes; and (b) a description of the categories of personal information disclosed. If you are a California resident and wish to obtain such information, please send a request email to [email protected]Privacy Rights for California Minors
California residents under the age of 18 have the right to request removal of any content or information that he or she posted anywhere within our Services, such as public forums or message boards in our websites or Applications. You can make this request by contacting us at [email protected]
Please be aware that the removal of your information or content may not be complete or comprehensive, and residual copies of such removed information or content may remain on our servers. In addition, we are not obligated to remove any posted content or information that has been copied or reposted by a third party, that has been rendered anonymous, or that we are required to keep by law.
SHARING INFORMATION We will not sell, rent, share, or disclose to outside parties the information we collect, save and except that we may share the collected information with other parties as follows:
SPECIFIC RIGHTS FOR RESIDENTS OF THE EUROPEAN ECONOMIC AREA AND THE UNITED KINGDOM (“EEA, SUI & UK”) The General Data Protection Regulation (GDPR) 2016/679 is a regulation in EU law on data protection and privacy in the European Union and the European Economic Area. The Data Protection Act 2018 is the UK’s implementation of the General Data Protection Regulation (GDPR). There are three major laws regulating data protection and information privacy in Switzerland:Article 13 of the Swiss Constitution, the Federal Act on Data Protection (DPA) and the General Data Protection Regulation (GDPR). The following section provides additional information regarding the lawful basis and purpose for data processing and specific rights regarding your personal data.
As a resident of the EEA, SUI & UK, you should know that the purposes of our data processing activities are being conducted on the following so-called “legal grounds:”
SPECIFIC RIGHTS FOR RESIDENTS OF CALIFORNIA, USA The California Consumer Privacy Act (CCPA) grants California consumers robust data privacy rights and control over their personal information, including the right to know, the right to delete, and the right to opt-out of the sale of personal information that businesses collect, as well as additional protections for minors. As a consumer, you have the right to request, twice a year and free of charge, certain information about parties to whom we have disclosed or sold your personal information in the prior calendar year and a description of the categories of personal information shared. Additionally, upon request, twice a year and free of charge, we shall provide to you any information relating to your personal information and our processing of your personal information in a concise, transparent, intelligible, and easily accessible form using clear and plain language. To make such a request, please send an email to [email protected] and please include the phrase “Personal Information Privacy Request” in the subject line, the Service you are inquiring about, along with your name, address, and email address. You can also ask us to delete your personal data stored on our platform. If we receive a request to delete your data, we will ask you if you want your personal information to be removed entirely or if you want to be kept on a list of individuals who do not want to be contacted in the future (for a specified period or otherwise). We cannot keep a record of individuals whose personal information we have deleted so you may be contacted again by us, should we come into possession of your personal information at a later date. Requests to know and requests to delete will be honored within 45 days; if more time is needed to respond, Luckmon will notify you.
The CCPA enables California users to appoint an authorized agent to act on their behalf to submit disclosure requests and or deletion requests under the CCPA. The authorized agent must register with the California Secretary of State. We will honor a request from an authorized agent provided you provide written authorization to the authorized agent to act on your behalf and we can verify your identity and the agent submits proof of authorization.
The following chart contains the categories of personal information, as enumerated in CCPA Sec. 1798.140(o), of personal information we may collect, use, and disclose, the sources of the personal information and our business and commercial uses of such personal information:
Luckmon has collected, will collect, and has disclosed the personal information
described in the categories above during the last year for business purposes; however,
we do not sell your personal information. If you exercise your rights under the CCPA,
Luckmon will not discriminate against you.
CALIFORNIA ONLINE PRIVACY PROTECTION ACT Browser “Do Not Track” Signals. Most browsers contain a “do-not-track” setting. In general, when a “do-not-track” setting is active, the user’s browser notifies other websites that the user does not want their personal information and online behavior to be tracked and used, for example, for interest-based advertising. As required by CalOPPA, we are required to inform you that, as is the case with most websites, we do not honor or alter our behavior when a user to one of our Websites has activated the “do-not-track” setting on her/his browser.
OVERSEAS TRANSFER OF PERSONAL INFORMATION We may transfer your personal information overseas as described below. Your personal information will be transferred overseas in accordance with the Korean PIPA and Network Act privacy requirements via an information communication network and will be retained and used until the relevant purpose is achieved.
SECURITY The security of your personal information is important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. We store all information you provide to us behind firewalls on our secure servers that are located on Amazon AWS in the United States.
Unfortunately, the transmission of information via the Internet is not completely secure and may pass through entities that we do not control. Although we do our best to protect your personal information, no data security measures can be guaranteed to be completely effective to avoid all risks related to transacting information on the internet.
EXTERNAL LINKS Our Services may link to other websites or apps such as the Google PlayStore, including content offered by third parties that we do not control and whose privacy and data collection practices may differ from ours. We are not responsible for and have no control over these third-parties and their practices, including the information or content contained within them. Please make sure you understand how these sites or businesses use and collect your information by reading their privacy statements.
INTERNATIONAL TRANSFER We are based in the United States and the information that we process is protected by American privacy laws. The information that we collect may be transferred, stored, or used in other jurisdictions, such as the United States, where some of our service providers may be located. While we protect your information by choosing appropriate service providers and having contractual safeguards in place with those vendors, the privacy laws in such jurisdictions may not be as protective as in, for example, Canada or the EEA, SUI & UK, and may be subject to access by foreign governments, with or without your knowledge.
The information collected in the EEA, SUI & UK is transferred and stored behind firewalls on our secure servers that are located on Amazon AWS in the United States in accordance with the GDPR adequacy standards. Any other transfers to third countries will be done using mechanisms such as the “model clauses”.
TERMS OF USE This Privacy Policy is incorporated into and forms part of our Terms of Use, which outlines the terms and conditions you agree to when using the Services, and which can be found at the bottom of most pages of the Luckmon website.
CONTACT INFORMATION AND CHALLENGING COMPLIANCE We have procedures in place to receive and respond to complaints or inquiries about our handling of personal information, our compliance with this policy, and with applicable privacy laws. To discuss our compliance with this policy please contact our Data Privacy Officer at:
Data Privacy Officer
Luckmon Inc.
100 Baja, Irvine, California or via email at [email protected]
This Policy is effective when the User clicks on the “ACCEPT & CONTINUE” button during the Luckmon account creation process and by doing so, you agree that you have read and understood the terms of this Policy. If you do not agree with these terms or if you are younger than 18, you are prohibited from registering for a Luckmon user account.
Be sure to return to this page periodically to review the most current version of the Privacy Policy. We reserve the right to change or otherwise modify the Privacy Policy. If we modify it, we will update the "Last Updated" date and will alert users that a change has occurred within the mobile app. If the modified Privacy Policy is not acceptable to you, please do not use the Services.
PERSONAL INFORMATION COLLECTION, DISCLOSURE, AND USE We do not use cookies (or similar technologies) to collect information about you. We collect information you provide directly or indirectly to us, such as when you create or modify your account, request on-demand services, redeem your rewards in our online shop, contact customer support, or otherwise communicate with us. This information may include: name, email, mailing address, age, gender, social media profiles, phone number, and PayPal information. During the registration process, we will also collect information such as your IP address, device ID and Google Advertising ID (together, the “ID”).
We will only collect your personal data as described in this Privacy Policy and will not use or otherwise process your information for any other purposes than described below.
If you sign into our Service using a third-party profile, we will import the first name and last name displayed in such profiles, such as information on Facebook or Google, on our platform.
When you use our Services, we will also collect information about how you interact with the games advertised on our platform. The type of information we collect relates to: i) achievements that are unlocked, ii) in-game purchases, iii) other apps on your device, iv) the time you spend playing games, v) the Gems you’ve earned in Luckmon, and vi) the game experience earned (collectively “User Gaming Profile”). A user’s gaming profile is visible to other users via the chat social networking feature. You may provide other personal information such as services for linking to other accounts like Steam, PlayStation, Xbox, and other platforms.
We use this information exclusively for the purpose of fraud prevention and to ensure that prizes are not earned through bots, automated processes or fraudulent use of software. Upon redeeming a reward from our Shop, you will be prompted to provide a phone number, which is linked to your user account to ensure the uniqueness of your user registration within the mobile application. If you do not want to redeem a reward from our Shop, you can use all other features of the mobile application without providing your phone number.
For all users 18 years old or above, when redeeming a reward through our Shop, we may verify your face via a ‘video selfie’ using a third party face verification technology. We use this information exclusively for the purpose of fraud prevention and to ensure that prizes are not earned through bots, automated processes or fraudulent use of software.
By using our mobile application and accepting our Privacy Policy, you understand that requesting a reward within the Shop on the Luckmon mobile application will only be possible upon additional user authentication via face verification. Your consent applies to the processing of such biometric data as described below, and is an express acknowledgement that such data is “special category” personal data pursuant to Article 9 of the *General Data Protection Regulation* (GDPR).
AUTOMATICALLY COLLECTED INFORMATION Upon accessing and when using the Services, certain information will be required to provide the services and automatically collected, such as:
- aggregated usage information;
- the session ID;
- the time and date you access the mobile app; and
- device information and geolocation data.
We use your data for the following purposes:
- Account creation;
- To provide, maintain, perform and improve the Services;
- To ship items that you have ordered from our online shop;
- Enabling you to redeem rewards earned on our platform;
- To perform internal operations, including, conducting data analysis, testing and research and to troubleshooting software bugs and operational problems;
- To monitor and analyze usage and activity trends;
- Personalization of ads to provide you with better recommendations of advertised games in your country and to help you earn rewards; and
- For legitimate interests under section 6(1)(f) of the *General Data Protection Regulation* (GDPR), including fraud prevention purposes, protection against abuse of our Services, and to guarantee that the use of our Services are in accordance with Luckmon’s Terms Of Use
- To communicate with you about our products, services, promotions and news (we will only send you these materials if we have your consent and you can unsubscribe any time);
We will also use your information to create de-identified statistical and analytical data.
DELETION OF COLLECTED INFORMATION We delete your personal information stored in physical form by shredding and personal information stored in electronic files by deleting the files in an irrecoverable manner. Moreover, pursuant to our Terms of Use, if a user does not use the Service for at least one year, the user’s inactive account may be terminated, and the user’s personal data may be destroyed.
DATA RETENTION We will only retain personal data for as long as you use the Services or for as long as it is required to meet the purposes for which it was collected, or as otherwise required by law. When we delete your account, all personal data will be deleted except as required by law. We may also retain personal data for an additional twelve (12) months after deletion for administrative or accounting purposes. Under some circumstances we may anonymize your personal information so that it can no longer be associated with you. We reserve the right to use such anonymous and de-identified data for any legitimate business purpose without further notice to you or your consent.
CHILDREN’S PRIVACY The Services are designed to comply with specific requirements relating to Children’s privacy, including the the Children’s Online Privacy Protection Act applicable in the United States (“COPPA”). COPPA requires that website operators or online services not knowingly collect personal information from anyone under the age of 13 without prior verifiable parental consent.
We restrict the use of our Services to individuals age 13 and above. In compliance with COPPA, we do not knowingly collect or retain Information from our Services from children under the age of 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at [email protected].
For Korean residents only, we restrict the use of our Services to individuals age 14 and above. We do not knowingly collect, maintain, or use personal data from children under the age of 14. If we learn we have collected or received personal information from a child under 14 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 14, please contact us at [email protected].
RIGHT OF ACCESS It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes. By applicable law you have rights related to access and correction of the personal information that we hold about you.
You may make requests by writing to [email protected] (see below for a description of the specific rights with respect to accessing and deleting Information that are provided to California, European, Taiwan and Korean residents). Upon receipt of such a request, Luckmon will endeavor to provide you this information (in electronic readable format) within a reasonable time. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
We may request specific information from you to help us confirm your identity and your right to access, and to provide you with the personal information that we hold about you or make your requested changes. Applicable law may allow or require us to refuse to provide you with access to some or all of the personal information that we hold about you, or we may have destroyed, erased, or made your personal information anonymous in accordance with our record retention obligations and practices. If we cannot provide you with access to your personal information, we will inform you of the reasons why, subject to any legal or regulatory restrictions.
We will provide access to your personal information, subject to exceptions set out in applicable privacy legislation. Examples of such exceptions include:
- Information protected by solicitor-client privilege.
- Information that is part of a formal dispute resolution process.
- Information that is about another individual that would reveal their personal information or confidential commercial information.
- Information that is prohibitively expensive to provide.
WITHDRAWAL OF CONSENT TO COLLECT PERSONAL INFORMATION You may withdraw your consent to the collection of personal information at any time by sending a written request to [email protected]. Upon receiving notice that you have revoked your consent, we will stop processing your personal information within a reasonable time, which will vary depending on what information we have collected and for what purpose. Please note that by choosing to withdraw such consent, you may not be able to continue to use the Services or any of the benefits you have earned. You may also ask us to delete your account. By deleting your account, however, any loyalty points that you have earned and not redeemed will be deleted. Please note that we will send you an email requesting your confirmation before we delete your account (please refer to the Data Retention section above).
PROMOTIONAL COMMUNICATIONS We will only send you promotional communications if we have your consent to do so. You may opt out of receiving promotional messages from us by following the instructions (unsubscribe mechanism) in those messages. If you opt out, we may still send you non-promotional communications, such as those about your account, about Services you have requested, or our ongoing business relations.
Third-Party Advertising Companies We may use third-party advertising companies to serve ads on the Service. We do not provide any personal information to third-party advertising companies on a non-aggregate basis. Our system and the third-party advertising technology may use aggregate information, non-personal information, LUCKMON Inc. cookies on your hard drive and your use of the Service to target advertisements. In addition, advertisers may use other third-party advertising technology to target advertising on other sites. If advertisements are served to you, a unique third-party cookie or cookies may be placed on your computer. Similarly, third-party advertising companies may provide us with pixel tags (also called clear gifs or beacons) to help manage and optimize online advertising. Beacons enable us to recognize a browser’s cookie when a browser visits the site on which is beacon is located, and to learn which banner ads bring users to a given site.
Your California Privacy Rights California residents have the right to request (a) information identifying any third party to whom LUCKMON Inc. may have disclosed (within the previous calendar year) his/her personal information for that third party’s direct marketing purposes; and (b) a description of the categories of personal information disclosed. If you are a California resident and wish to obtain such information, please send a request email to [email protected]Privacy Rights for California Minors
California residents under the age of 18 have the right to request removal of any content or information that he or she posted anywhere within our Services, such as public forums or message boards in our websites or Applications. You can make this request by contacting us at [email protected]
Please be aware that the removal of your information or content may not be complete or comprehensive, and residual copies of such removed information or content may remain on our servers. In addition, we are not obligated to remove any posted content or information that has been copied or reposted by a third party, that has been rendered anonymous, or that we are required to keep by law.
SHARING INFORMATION We will not sell, rent, share, or disclose to outside parties the information we collect, save and except that we may share the collected information with other parties as follows:
- Affiliated Service Providers: We have agreements with various affiliated service providers to facilitate the rendering of our Services. All administrative service providers that we use are required by contract to have the same level of privacy protection as we have and will follow the standards of this policy. These providers will never be permitted to use your data beyond the scope of our engagement with them.
- Third-party advertisers. We have advertisement agreements with various mobile game studios to facilitate the rendering of our Services and provide you with offers we feel you may be interested in. We do not share your personal information with these mobile game studios but rather use a service provider to measure the outcomes of the advertising campaign with the mobile gaming studio. All data associated with the campaign is collected, processed, and then deleted by our service provider in accordance with our agreement with them. If you choose to download a game and provide your personal information to the mobile gaming studio, please know that we do not control their data processing practices and recommend that you review their privacy policies before sending personal information to them.
- Statistical Analysis: We may share anonymized User ratings and review of apps and aggregated anonymized information with third parties, including but not limited to, for statistical, machine learning, advertising, or marketing purposes.
- Transactions: In connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition, or in any other situation where personal information may be disclosed or transferred as one of our business assets. However, under no circumstances will such transactions result in your information being used for other purposes than those for which you gave us your consent.
SPECIFIC RIGHTS FOR RESIDENTS OF THE EUROPEAN ECONOMIC AREA AND THE UNITED KINGDOM (“EEA, SUI & UK”) The General Data Protection Regulation (GDPR) 2016/679 is a regulation in EU law on data protection and privacy in the European Union and the European Economic Area. The Data Protection Act 2018 is the UK’s implementation of the General Data Protection Regulation (GDPR). There are three major laws regulating data protection and information privacy in Switzerland:Article 13 of the Swiss Constitution, the Federal Act on Data Protection (DPA) and the General Data Protection Regulation (GDPR). The following section provides additional information regarding the lawful basis and purpose for data processing and specific rights regarding your personal data.
As a resident of the EEA, SUI & UK, you should know that the purposes of our data processing activities are being conducted on the following so-called “legal grounds:”
- where it is necessary for us to fulfill a contract between you and us (processing information for purposes of creating your account);
- where it is necessary based on our legitimate interests to process your data (for purposes of fraud prevention, to recommend specific games or to improve the Services we provide to you); or
- where it is necessary to comply with our legal obligations such as for accounting or tax purposes.
- Accuracy: We aim to keep your personal data accurate and complete. We encourage you to keep us informed about changes that you would like reflected in our records.
- Objecting: In certain circumstances, you have the right to object to processing of your personal data. You may ask us to block, erase or limit the use or other processing of your personal data.
- Data Portability: You have the right to request that some of your personal data is provided to you, or to another provider should you wish to stop using our Services in favour of another, in machine-readable format.
- Erasure: You have the right to erase or request that we erase your personal data when it is no longer necessary for the purposes for which it was collected or if you think it has been used unlawfully.
- Complaints: You have the right to complain to the applicable data protection authority, or to seek a remedy in court.
SPECIFIC RIGHTS FOR RESIDENTS OF CALIFORNIA, USA The California Consumer Privacy Act (CCPA) grants California consumers robust data privacy rights and control over their personal information, including the right to know, the right to delete, and the right to opt-out of the sale of personal information that businesses collect, as well as additional protections for minors. As a consumer, you have the right to request, twice a year and free of charge, certain information about parties to whom we have disclosed or sold your personal information in the prior calendar year and a description of the categories of personal information shared. Additionally, upon request, twice a year and free of charge, we shall provide to you any information relating to your personal information and our processing of your personal information in a concise, transparent, intelligible, and easily accessible form using clear and plain language. To make such a request, please send an email to [email protected] and please include the phrase “Personal Information Privacy Request” in the subject line, the Service you are inquiring about, along with your name, address, and email address. You can also ask us to delete your personal data stored on our platform. If we receive a request to delete your data, we will ask you if you want your personal information to be removed entirely or if you want to be kept on a list of individuals who do not want to be contacted in the future (for a specified period or otherwise). We cannot keep a record of individuals whose personal information we have deleted so you may be contacted again by us, should we come into possession of your personal information at a later date. Requests to know and requests to delete will be honored within 45 days; if more time is needed to respond, Luckmon will notify you.
The CCPA enables California users to appoint an authorized agent to act on their behalf to submit disclosure requests and or deletion requests under the CCPA. The authorized agent must register with the California Secretary of State. We will honor a request from an authorized agent provided you provide written authorization to the authorized agent to act on your behalf and we can verify your identity and the agent submits proof of authorization.
The following chart contains the categories of personal information, as enumerated in CCPA Sec. 1798.140(o), of personal information we may collect, use, and disclose, the sources of the personal information and our business and commercial uses of such personal information:
| CATEGORY | NAME/DESCRIPTION | SOURCES | BUSINESS USE | COMMERCIAL USE |
|---|---|---|---|---|
| A | Identifiers – name, email, postal and IP address, unique personal identifier, online identifier, Internet Protocol address, account name, phone number | User provided on registration and upon redeeming points using online shop, customer service inquiries and claim forms; related and 3rd party sources to verify user supplied information, selfie in video format | Operational purposes including customer service; fraud & security incidence detection; website improvement; award prize winners | None |
| B | Protected classification characteristics under California or federal law | Age and Gender | Recommend suitable Games | None |
| C | Internet or similar network activity -browsing and search history, information on a consumer’s interaction with a website, application, or advertisement | System collected activity logs and cookies | To determine performance of media content and analytics purposes | None |
| D | Geolocation data | Country Identified using IP Address | Recommend Games for Country | None |
| E | Inferences drawn from other personal information | Profile reflecting a person's preferences | Recommend Games based on preference | None |
CALIFORNIA ONLINE PRIVACY PROTECTION ACT Browser “Do Not Track” Signals. Most browsers contain a “do-not-track” setting. In general, when a “do-not-track” setting is active, the user’s browser notifies other websites that the user does not want their personal information and online behavior to be tracked and used, for example, for interest-based advertising. As required by CalOPPA, we are required to inform you that, as is the case with most websites, we do not honor or alter our behavior when a user to one of our Websites has activated the “do-not-track” setting on her/his browser.
OVERSEAS TRANSFER OF PERSONAL INFORMATION We may transfer your personal information overseas as described below. Your personal information will be transferred overseas in accordance with the Korean PIPA and Network Act privacy requirements via an information communication network and will be retained and used until the relevant purpose is achieved.
| COMPANY NAME | COUNTRY | CONTACT OF EMPLOYEE OR DEPARTMENT RESPONSIBLE FOR MANAGING PERSONAL INFORMATION AND LINK TO PRIVACY POLICY | DATE AND TIME OF TRANSFER | PURPOSE OF TRANSFER | PERSONAL INFORMATION ITEMS TO BE TRANSFERRED |
| Amazon Web Services, Inc. | U.S.A | Amazon.com | Upon accessing and using Luckmon services | Hosting and data security and management services for the personal data that we store. Also used for analytics to monitor and track the reliability of the Services | mobile application account data such as name, email, mailing address, age, gender, language, social media profiles, application installed, time spent using an application, IP address, Google Ad ID, OS version, device model |
| Adbrix | South Korea | Igaworks.com | Upon accessing and engaging with an ad and using Luckmon services | Advertising, rewards, and fraud detection | |
| Adjust | U.S.A | Adjust.com | Upon accessing and engaging with an ad and using Luckmon services | Advertising, rewards, and fraud detection | Mobile application Google Ad ID, IP address, age, device model, OS version |
| Applovin | U.S.A | Applovin.com | Upon accessing and engaging with an ad and using Luckmon services | Advertising, rewards | Device ID and geographical information (including region, state, country) and advertising ID |
| AppsFlyer | U.S.A | Appsflyer.com | Upon accessing and engaging with an ad and using Luckmon services | Advertising, rewards, and fraud detection | Mobile application Google Ad ID, IP address, age, device model, OS version |
| U.S.A | Facebook.com | Upon accessing and using Luckmon services | Used for business analytics to better understand how users interact with Luckmon Services | Google Advertising ID | |
| U.S.A | Google.com | Upon accessing and using Luckmon services | Used for business analytics to better understand how users interact with Luckmon Services | Google Advertising ID | |
| Singular | U.S.A | Singular.net | Upon accessing and engaging with an ad and using Luckmon services | Advertising, rewards, and fraud detection | Device ID and geographical information (including region, state, country) and advertising ID |
| Tremendous | U.S.A | Tremendous.com | Upon redeeming a reward | Sending gift card rewards | Email address, Nickname |
SECURITY The security of your personal information is important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. We store all information you provide to us behind firewalls on our secure servers that are located on Amazon AWS in the United States.
Unfortunately, the transmission of information via the Internet is not completely secure and may pass through entities that we do not control. Although we do our best to protect your personal information, no data security measures can be guaranteed to be completely effective to avoid all risks related to transacting information on the internet.
EXTERNAL LINKS Our Services may link to other websites or apps such as the Google PlayStore, including content offered by third parties that we do not control and whose privacy and data collection practices may differ from ours. We are not responsible for and have no control over these third-parties and their practices, including the information or content contained within them. Please make sure you understand how these sites or businesses use and collect your information by reading their privacy statements.
INTERNATIONAL TRANSFER We are based in the United States and the information that we process is protected by American privacy laws. The information that we collect may be transferred, stored, or used in other jurisdictions, such as the United States, where some of our service providers may be located. While we protect your information by choosing appropriate service providers and having contractual safeguards in place with those vendors, the privacy laws in such jurisdictions may not be as protective as in, for example, Canada or the EEA, SUI & UK, and may be subject to access by foreign governments, with or without your knowledge.
The information collected in the EEA, SUI & UK is transferred and stored behind firewalls on our secure servers that are located on Amazon AWS in the United States in accordance with the GDPR adequacy standards. Any other transfers to third countries will be done using mechanisms such as the “model clauses”.
TERMS OF USE This Privacy Policy is incorporated into and forms part of our Terms of Use, which outlines the terms and conditions you agree to when using the Services, and which can be found at the bottom of most pages of the Luckmon website.
CONTACT INFORMATION AND CHALLENGING COMPLIANCE We have procedures in place to receive and respond to complaints or inquiries about our handling of personal information, our compliance with this policy, and with applicable privacy laws. To discuss our compliance with this policy please contact our Data Privacy Officer at:
Data Privacy Officer
Luckmon Inc.
100 Baja, Irvine, California or via email at [email protected]
Consent Form for Mobile Device Information Processing
Consent to Access to Mobile Devices (mandatory)
Luckmon Inc. (the “Company”) collects and uses your mobile device information as below.
- Items of mobile device information to be collected: application installed, time spent using an application, IP address, Google Ad ID, language, OS version, device model.
- Purpose of collection and use of device information: calculate the amount of time spent in a specific game to reward user with loyalty points based on game play time; to detect if a VPN or similar application is installed and used to prevent fraudulent usage of the Luckmon application; Google Ad ID and IP address are used to prevent fraudulent usage; OS version and device model are used to ensure quality of the Services.
- Period of retention and use of personal information: The Company shall retain and use your personal information until you withdraw from the membership unless the retention of such personal information is required under applicable laws and regulations.
Consent Form for Personal Information Processing
Consent to Collection and Use of Personal Information (mandatory)
Luckmon Inc. (the “Company”) collects and uses your personal information as below.
- Items of personal information to be collected: name, email, mailing address, age, gender, language, social media profiles, application installed, time spent using an application, IP address, Google Ad ID, OS version, device model
- Purpose of collection and use of personal information: identification, operation, management and improvement of the Company’s services (the “Services”), confirmation of intention to join the Company’s membership, provision of Services (e.g., provision of mobile coupons), analysis and management of the members’ information, provision of information related to the Services and processing inquiries
- Period of retention and use of personal information: The Company shall retain and use your personal information until you withdraw from the membership unless the retention of such personal information is required under applicable laws and regulations.