Privacy policy

Espire VR Pty Ltd traded as Dgital Lode Immersive Media

Last Updated: July 3, 2023

Privacy Notice

This page will guide you through the Digital Lode Privacy Notice. The table of contents is listed below, so that you can navigate around it simply. If you wish to contact us with a specific data subject request, the exact method is listed in the relevant section below. If you have any questions or concerns about this Privacy Notice, please contact us by sending an email to: contact@espirevr.com, or as described in the “Contact Us” section below.

1. Introduction

2. What Data Does Digital Lode Collect?

3. What Data Do Third Parties Collect?

4. Where is the Data Processed & Stored?

5. Clause 5

6. Dispute Resolution

7. Disclosure of Data

8. Children

9. California Residents

10. EEA Residents & Data Subject Rights

11. Changes to this Privacy Notice

12. Contact Us

1. Introduction

Digital Lode (“Espire VR PTY LTD”) is an Australian video game developer based in Melbourne, Victoria. Our headquarters are located at Studio 60/91 Moreland Street, Footscray VIC 3011, Australia.

This Digital Lode Privacy Notice (“Privacy Notice”) describes how Digital Lode collects, uses, shares, and retains personal data that you provide to us, or that we collect, when you use the Digital Lode websites located at: https://thelode.com.au/ and https://espire1.com  collectively, “the website”), register for any forums, blogs, mailing lists, contests, surveys, or other activities made available through the website, or use any Digital Lode game we create or license.

Please read this Privacy Notice carefully. If you disagree with anything in this Privacy Notice you must not provide personal data for anything through the website or use Digital Lode’s games or services. By using or continuing to use the website or any of our games or services, you are accepting the terms, conditions and directions set forth in this Privacy Notice, as described below.

2. Data Digital Lode Collects

2.1 General Description

The specific data Digital Lode collects, stores and processes depends on which products you use and how you use them. We collect personal data and non-personal user data and will disclose in this Privacy Notice the circumstances under which Digital Lode collects either personal data or non-personal data.

For purposes of this Privacy Notice, Digital Lode adopts the definition of personal data set forth in the General Data Protection Regulation (EU) 2016/679 (“GDPR”) at Article 4(1) which broadly defines personal data as “any information relating to an identified or identifiable natural person” and includes identifiers such as a name, online identifiers such as an IP address, and email addresses. This is not an exhaustive list, but a few examples aimed at helping you understand what constitutes personal data. 

Non-personal user data is data that should not identify a person or to allow Digital Lode to contact a specific person. Some examples of non-personal data are information about the number of users that visit Digital Lode’s website and the pages of the website which are visited, as well as usage data as to certain features of Digital Lode games that is not connected to any particular user. These are examples and not an exhaustive list of all types of non-personal data.

If you are from the United States, you may be accustomed to the term “personally identifiable information” or “PII” to describe personal data. For purposes of this Privacy Notice, personally identifiable information is personal data as defined in Article 4(1) of the GDPR except as specified under 8. Children

Where this Privacy Notice describes processing personal data, Digital Lode adopts the definition of “processing” set forth under Article 4(2) of the GDPR: “processing” means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.”

2.2 Website Data Collection

You can browse Digital Lode’s website without disclosing any personal data.

Except as described in this Privacy Notice, Digital Lode does not share any personal information with any third party that you may choose to provide to us in connection with our forums, wiki, blogs, press lists, and other requested services described below in sections 2.2.1 – 2.2.8.

2.2.1 Google Analytics

Digital Lode uses Google Analytics, a web analytics tool provided by Google Inc. (“Google”). We use Google Analytics on the website and on the store pages hosted by Steam: https://store.steampowered.com/. Google Analytics uses so-called “cookies”, text files stored on your computer, and an analysis of your use of the web page enabled. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the United States and stored there. However, Google uses an IP anonymization tool on our website, with which your IP address is shortened by Google and anonymously transmitted on a global basis. This means that whether your IP address is collected from the United States, or the European Economic Area, the United Kingdom or Switzerland (collectively, the “EEA”), or anywhere else in the world, it will be transmitted using Google’s IP anonymization tool and will not disclose any personal data. Google uses the non-personal data information collected to evaluate your use of the website for Digital Lode, to create reports for us about the website activity and to provide other services related to the website and internet usage to Digital Lode. The IP address provided by Google Analytics as part of Google Analytics will not be merged with other Google data.  For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page:  https://policies.google.com/privacy?hl=eh.  Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics, available at: https://tools.google.com/dlpage/gaoptout. 

2.2.2 Forums & Wiki

If you want to participate in Digital Lode’s forums or Wiki, you will have to complete a registration process. Children under the age of 13 are not permitted to participate in our forums or Wiki. As part of the registration process, Digital Lode requests information about your date of birth to prevent children under the age of 13 from participating on our forums or Wiki (to learn more about our data collection activities with respect to children under the age of 13, refer to section 8. Children.

To register to participate in Digital Lode’s forums or Wiki, we will need to collect your username, email address and IP address. We collect, record and store this personal data so we can send a confirmation to the email address you provide and use that response in combination with the username and IP address to confirm that you are a real person and not a bot or some other type of spam actor, and to ensure that you do not pose a security risk. The email that we send to you when you sign up to participate on our forum(s) will ask you whether you would like to opt-in to receive notifications about private messages that occur on the forum or receive notifications about new entries for threads you may be following. We also collect, record and store your email address so that we can use it to communicate with you about any allegations of misuse and/or ban you from participation in accordance with our Forum Rules. 

If you no longer wish to participate in our forums or Wiki and would like Digital Lode to delete the username, email address and IP address collected when you registered, please send us an email to: contact@espirevr.com with Delete Me in the subject line and we will delete the username, email address and IP address we collected when you registered for the forum and/or Wiki and that personal data will be deleted within thirty (30) days. If you are a user who wishes to make a request to delete data pursuant to Digital Lode’s Right to Erasure (Right to be Forgotten) procedure, please go to clause 10.5 Right to Erasure (Right to be  Forgotten) portion of this privacy notice. 

2.2.3 Requested Direct Marketing Materials

If you want to receive direct marketing materials from Digital Lode, the website may offer you the opportunity to sign up to request receipt of direct marketing materials for a particular game via the email address you submit. We collect, record and store your email address if you have requested that we contact you about new products, beta-launches, services and offerings so that we can use it to send you these communications via email. If you no longer wish to receive the marketing materials you initially requested, please follow the instructions contained in our marketing materials that allow users to unsubscribe from receiving these types of communications from us.

2.2.4 Career Opportunities & Independent Contractors

You may apply to a job posting on the “jobs” portion of our website and submit your online application via email to jobs@espirevr.com. We keep your job application materials for the period of time while we are recruiting for the particular position to which you are applying. Once the position has been filled, the successful applicant’s job application will go on file in our Human Resources department; all other candidates’ job application materials will be retained for one year as required by local law and then deleted; with the exception that we may ask for your permission to retain your application on file for future opportunities, in which case you can always request that we delete it at a future date by emailing us at jobs@espirevr.com.

2.2.5 Contestants & Contest Winners

Digital Lode occasionally holds contests announced from time to time via one of our websites, with entries usually being submitted via a contact form on the Digital Lode website for the relevant Digital Lode game. If you register to enter a Digital Lode contest, we may collect, record and store your email address and name. If you do not win the contest we will immediately delete the email address and name you submitted for the purpose of entering the contest. If you win the contest, we will contact you at the email address you provided when registering for the contest. If you win the contest, we will request information necessary to send you the contest prize such as your name, address, relevant tax ID and payment details required to make payment and comply with applicable financial and tax regulations.

2.2.6 Cookies

Digital Lode’s websites, like most others, stores cookies on your computer. No personal data is saved in those cookies. Your browser may provide you with the option to refuse some or all browser cookies. You may also be able to remove cookies from your browser. You can exercise your preferences in relation to cookies served on our Site by taking the steps outlined below.

• First-Party Cookies. You can use the browser with which you are viewing the website to enable, disable or delete cookies. To do this, follow the instructions provided by your browser (usually located within the “Help”, “Tools” or “Edit” settings). Please note, if you set your browser to disable cookies, you may not be able to access secure areas of the website. Also, if you disable cookies other parts of the website may not work properly. You can find more information about how to change your browser cookie settings at http://www.allaboutcookies.org.
• Third-Party Cookies. To opt-out of third-party advertising networks and similar entities that use advertising cookies go to http://www.aboutads.info/choices. Once you click the link you may choose to opt-out of such advertising from all participating advertising companies or only advertising provided by specific advertising entities. For more information about third-party advertising networks and similar entities that use these technologies, please see http://www.aboutads.info/consumers.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. In addition, most web browsers provide help pages relating to setting cookie preferences. More information may be found for the following browsers here:

• Google Chrome
• Internet Explorer
• Mozilla Firefox
• Safari (Desktop)
• Safari (Mobile)
• Android Browser
• Opera
• Opera Mobile

2.3  Games Data Collection

Digital Lode strives to create the best gaming experience possible. To provide an enhanced and personalized gaming experience that minimizes the interruption of bugs and service errors, prohibits and investigates fraudulent activity, and helps us determine how we can improve our games, we automatically process a range of personal data described below.

For all the personal data processing activities described in sections 2.3.1-2.3.5, Digital Lode is the data controller as defined by Article 4(7) of the GDPR. This means Digital Lode determines the purposes and means of the processing of the personal data. We do not delete the data we collect described in subsections 2.3.1-2.3.3 unless you request to delete this data.

You have the right to request us to delete any Personal Information we have collected from you or maintain about you. Such requests will be actioned upon unless otherwise required by law. This right is available to all customers, regardless of region. If you wish to make this request, please send an email to contact@espirevr.com with Data Deletion Request in the subject line. 

2.3.1 In-Game Analytic Data

We process your proprietary platform identification (such as your SteamID, PSN online ID, Meta ID and/or Pico ID and your in-game data to allow us to analyze gameplay across the board and improve our games based on how the game is actually being played. In-game analytic data is information that includes, but is not limited to, maps played, characters played, weapons used, results of matches, heatmap information on where players died/were killed from in-game and current level achieved.

2.3.2 Achievements, Player Stats

We also process your SteamID, PSN online ID, Meta ID and/or Pico ID along with your Achievements/Trophies and statistics related to the level of play you achieved in a particular session and over time, weapons used, characters defeated, and various details relevant to the particular game you are playing. This data allows us to provide you with a seamless gaming experience where you can begin each game session on the highest level previously achieved and access your personal dashboard of game accomplishments and statistics from within the game.

2.3.3 Inventory of Gifts & In-Game Purchases

Your SteamID, PSN online ID, Pico ID and/or Meta Account is also processed in conjunction with any in-game purchases, gifts or other game inventory you may have obtained so that there is a permanent record of your inventory acquired in the game that you can access. Digital Lode partners with several third parties detailed below to maintain these inventory data, including:

• Amazon Web Services (“AWS”)
• Microsoft
• Sony
• Playfab
• Valve

2.3.4 Surveys

Digital Lode occasionally creates surveys administered by Google. These surveys are placed onto the main menu of your game. You are invited to participate in the survey but your participation is entirely voluntary. If you elect to participate in a survey, we collect, record and store your email address because we use your email address to confirm that you are a real person and not a bot or some other type of spam actor. When the time period for the survey has ended, the link to the survey will be removed from the main menu of your game. Once the survey is closed to further participation, all email addresses are deleted, so that we can begin analysis of the survey.

3. Data Third Parties Collect

We partner with several third parties to provide our games and services to you. These third parties and their role in processing your personal data are described in detail below.

3.1 Platform Partners: Valve, Sony, Pico & Meta

Our games are available on platforms developed by Valve (Steam), Sony (PlayStation), Pico XR (Pico), and Meta (Oculus) (collectively, “Platform Partners”). Digital Lode’s Platform Partners process your SteamID, PSN online ID, Pico ID and/or Meta Account to keep track of your Achievements/Trophies and statistics related to the level of play you achieved in a particular session and over time, and maintain a record of your in-game inventory purchases or gifts (as described in clause 2. Data Digital Lode Collects above).

Some Platform Partners (specifically Valve, Sony, Pico and Meta) also collect summary data related to players’ usage of their systems, including games played, time spent playing each game and country you reside in. Platform Partners do not collect any personally identifiable information/personal data, instead anonymizing the data. They use this data to provide us with summary information such as Peak Concurrent Users, Daily/Weekly/Monthly Actual Users, Average and Total Minutes Played.

3.2 Game Engine Partner – Epic Games

Espire 1 and Espire 2 run on Unreal Engine and your data may be subject to the Epic games privacy policy.  See that here.

3.3 Mailchimp

Digital Lode partners with Mailchimp to manage and provide email services related to requests for marketing materials and requests to join our Press Lists. Mailchimp processes your email address if you sign up for these features. If you decide you no longer want to receive marketing materials or be on our Press List, follow the directs to unsubscribe at the bottom of any of our emails to you.

4. Data Processing & Storage

Personal data processed by Digital Lode is processed and stored by Digital Lode in Australia. Digital Lode uses reasonable physical, technical and administrative measures to safeguard all personal data it processes and prevent unauthorized access and disclosure of any personal data. Please be aware that no data transmission over the Internet can be guaranteed to be 100% secure. As a result, we cannot guarantee or warrant the security of any personal information that we process. You acknowledge that Digital Lode processes your personal data at your own risk.

5. Clause 5

This clause is left blank.

6. Dispute Resolution

6.1 Disputes Generally

We take your privacy concerns seriously. If you believe that Digital Lode has not adhered to this Privacy Policy, please contact us by sending an email to: contact@espirevr.com with the subject line: Privacy Concern. In your email, please describe in as much detail as possible the ways in which you believe that this Privacy Notice has not been complied with. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.

6.2 Dispute Resolution

Digital Lode commits to resolve complaints with all jurisdictional authorities about our collection or use of your personal information. If required, please contact Digital Lode at: contact@espirevr.com with the subject line: Privacy Complaint.

7. Data Disclosure

7.1 Requests from Law Enforcement & National Security Issues

Digital Lode may disclose information we have about you (i) if we are required to do so by law or pursuant to legal process, (ii) in response to a request from law enforcement authorities or other government officials, including to meet national security requirements, or (iii) when we believe disclosure is reasonably necessary or appropriate to prevent physical harm or financial loss in connection with an investigation of suspected or illegal activity.

7.2 Service Providers

As noted throughout this Privacy Notice, Digital Lode may employ others to facilitate the website and related business functions (“Service Providers”), provide services on our behalf, perform service-related business activities, or assist us in analyzing how the website is used. These Service Providers provide us support services such as credit card processing, website hosting, email and postal delivery, analytics, marketing services, security and fraud prevention. The Service Providers have access to your personal information only to perform these tasks on Digital Lode’s behalf and are obligated not to disclose or use it for any other purpose. The Service Providers are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.

7.3 Corporate Transactions

We may disclose personal information to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us about our website users is among the assets transferred.  You agree to and do hereby consent to our assignment or transfer of rights to your personal information.

8. Children

Digital Lode adheres to the Children’s Online Privacy Protection Act (“COPPA”) and does not knowingly collect personal data from children under the age of 16.

9. Notice to California Residents

This section applies only to California residents. Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), below is a summary of the “Personal Information” categories, as identified and defined by the CCPA (see California Civil Code section 1798.140 (o)), that Digital Lode collects, the reason we collect the Personal Information, where we obtain the Personal Information, and the third parties with whom we may share the Personal Information. 

We generally collect the following categories of Personal Information about you when you use the website, our games or services: 

• identifiers such as a name, address, unique personal identifier, email, phone number, your device’s IP address, software, and identification numbers associated with platforms; 

We generally do not collect the following categories of Personal Information about you:

• protected classifications, such as gender; 
• your geolocation;
• audio recordings of you; 
• education-related information; and
• biometric information. 

For more information about the Personal Information we collect, how we collect it and details of which data, under different circumstances, please refer to sections 2 and 3 above. 

We collect your Personal Information for the business purposes described in sections 2 and 3 above, including for analytics, to support your use of our forums, to provide you requested marketing materials or customer support, to store cookies, and to ensure the integrity of the website and related services. The CCPA defines a “business purpose” as the use of Personal Information for the business’s operational purposes, or other notified purposes, provided the use of Personal Information is reasonably necessary and proportionate to achieve the operational purpose for which the Personal Information was collected or another operational purpose that is compatible with the context in which the Personal Information was collected. 

The categories of third parties with whom we may share your Personal Information are listed in sections 2, 3 and 7 above, and include our website, marketing, analytics, and security service providers, and law enforcement authorities when required to do so.

Privacy Rights

If you are a California resident, you have rights in relation to your Personal Information; however, your rights are subject to certain exceptions. For instance, we cannot disclose specific pieces of Personal Information if the disclosure would create a substantial, articulable, and unreasonable risk to the security of the Personal Information, your account with us or the security of our network systems. To assert your right to know or your right to delete your Personal Information, please contact us according to the “Contact Us” section below. To verify your identity, we may ask you to verify Personal Information we already have on file for you. If we cannot verify your identity from the information we have on file, we may request additional information from you, which we will only use to verify your identity, and for security or fraud-prevention purposes.

• Right Against Discrimination. You have the right not to be discriminated against for exercising any of the rights described in this section. We will not discriminate against you for exercising your right to know, delete or opt-out of sales.
• Right to Know. You have the right to request in writing: (i) a list of the categories of Personal Information, such as name, address, email address, that a business has disclosed to third parties during the immediately preceding calendar year for the third parties’ direct marketing purposes, and (ii) the names and addresses of all such third parties. In addition, you have the right to request: (i) the categories of Personal Information we have collected about you, (ii) the categories of sources from which Personal Information is collected, (iii) the business or commercial purpose for the information collection, (iv) the categories of third parties with whom we have shared Personal Information, and (v) the specific pieces of Personal Information we hold about an individual. You have the right to request a copy of the specific Personal Information we collected about you during the 12 months before your request.
• Right to Delete. You have the right to request us delete any Personal Information we have collected from you or maintain about you, subject to certain exceptions.
• Right to Opt-Out of Sales. The CCPA broadly defines “personal information” and “selling” such that sharing identifiers and identifiers linked to you for a benefit may be considered a sale. You have the right to opt-out of having your Personal Information sold. We do not sell your Personal Information. 

Under California Civil Code Section 1798.83 (also known as the “Shine the Light” law), Digital Lode customers who are residents of California may request certain information about Digital Lode disclosure of personal data during the prior calendar year to third parties. If you are a California resident and wish to make this request, please send an email to contact@espirevr.com with California Shine the Light in the subject line. You may also request this information by mail at: Digital Lode ATTN: Privacy Management, Studio 60 Docklands Cotton Mills, 91 Moreland St, Footscray, Vic 3011, Australia 

In addition, if you are a California resident between the age of 13 and 18 and are a registered user on the Digital Lode Forum or Wiki (or participate on our blogs), you may request that we remove content or information about you that you posted by (a) submitting a request in writing to contact@espirevr.com with the subject: California SB 568, and (b) clearly identifying the content or information you wish to have removed and providing sufficient information to allow us to locate the content or information to be removed. However, please note that we are not required to erase or otherwise eliminate content or information if (i) other state or federal laws require us or a third party to maintain the content or information; (ii) the content or information was posted, stored, or republished by another user; (iii) the content or information is anonymized so that you cannot be individually identified; (iv) you do not follow the instructions posted in this Privacy Notice on how to request removal of your content or information; or (v) you have received compensation or other consideration for providing the content. Further, nothing in this provision shall be construed to limit the authority of a law enforcement agency to obtain the applicable content or information.

10.  Notice to EEA Residents

10.1 General Description

For purposes of this Privacy Notice we define the EEA to include any EU member state, the European Economic Area (“EEA”), the United Kingdom, or Switzerland. EEA Residents includes any data subject located in the EEA at the time of personal data collection.  EEA Residents have certain rights concerning the processing of their personal data under the GDPR.

This portion of our Privacy Notice advises EEA Residents of the applicable GDPR rights (often called “data subject rights”), and how to effectuate these rights by communicating with us.

If you are not an EEA Resident, this section of the Privacy Notice does not apply to you, with the exception of clause 10.5 Right to Erasure (Right to be Forgotten) which applies to all users, regardless of region.

10.2 Legal Basis for Processing Personal Data

Digital Lode has a legitimate interest in providing its users with a state of the art gaming experience and to allow users to participate on our forums & blogs, enter contests, complete surveys and other voluntary pursuits at the specific direction and choice of the user, without risk of fraudulent activity and with a minimum of service interruptions caused by bugs or other system failures. In providing our website, games and other services to our users we aim to collect the minimum amount of personal data necessary to achieve these goals.

The lawful basis for processing an EEA Resident’s personal data is the legitimate interests grounds described under Article 6(f) of the GDPR.

10.3 Right of Access

EEA Residents have the right to obtain from Digital Lode the confirmation as to whether or not personal data concerning him or her are being processed. EEA residents may request access to the following information:

• the purposes of the processing;
• the categories of personal data concerned;
• the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations;
• where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
• the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing discussed in sections 10.4 through 10.6 of this Privacy Notice;
• the existence of the right to lodge a complaint with a supervisory authority;
• where the personal data are not collected from the data subject, any available information as to their source;
• the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
• information as to whether the personal data of an EEA resident is transferred to a third country or to an international organization and where this is the case, the EEA resident shall have the right to be informed of the appropriate safeguards relating to the transfer.

This Privacy Notice advises you as to the details of the personal data Digital Lode is processing. If you need additional confirmation concerning the personal data Digital Lode is processing you may request confirmation by sending an email to contact@espirevr.com with Right of Access in the subject line. The right to access is described under Article 15 of the GDPR.

10.4 Right to Rectification

EEA Residents have the right to request that Digital Lode correct or “rectify” any inaccurate personal data concerning him or her.  If an EEA Resident believes Digital Lode has inaccurate or incomplete personal data, he or she may request rectification by sending an email to contact@espirevr.com with Right To Rectification in the subject line. Digital Lode will ensure any inaccurate or incomplete data is corrected within thirty (30) days of receiving your email request. The right to rectification is described under Article 16 of the GDPR.

10.5 Right to Erasure (Right to be Forgotten)

All users, regardless of region, have the right to request that Digital Lode delete personal data concerning him or her without undue delay. Digital Lode will erase personal data under the following circumstances:

• The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
• The user objects to the processing pursuant to Article 21(1) of the GDPR described below, and there are no overriding legitimate grounds for the processing, or the user objects to processing personal data for direct marketing purposes which the user can terminate by following the instruction described here.
• The personal data have been unlawfully processed.
• The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
• The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.

If one of the aforementioned circumstances applies, and a user wishes to request the erasure of personal data stored by Digital Lode, he or she may request erasure/deletion by sending an email to contact@espirevr.com with Right To Be Forgotten in the subject line. Digital Lode will comply with the erasure/deletion request within thirty (30) days of receiving your email request. The right to erasure is described under Article 17 of the GDPR.

10.6 Right of Restriction of Processing

EEA Residents have the right to restrict Digital Lode’s processing of personal data if one of the following circumstances applies:

• the accuracy of the personal data is contested by EEA Resident, for a period enabling the controller to verify the accuracy of the personal data;
• the processing is unlawful and the EEA Resident opposes the erasure of the personal data and requests the restriction of their use instead;
• Digital Lode no longer needs the personal data for the purposes of the processing, but the EEA Resident needs the personal data for the establishment, exercise or defense of legal claims;
• the EEA Resident has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

Where processing has been restricted because the accuracy of the personal data is contested by the EEA Resident, such personal data shall, with the exception of storage, only be processed with the data subject’s consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.

Digital Lode will inform any EEA resident who has obtained restriction of processing because the accuracy of the personal data is contested by the EEA resident before the restriction of processing is lifted.

The right to restriction of processing is described under Article 18 of the GDPR.

10.7 Right to Object

EEA Residents have the right to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on Digital Lode’s legitimate interest grounds for lawful data processing under Article 6(1)(f) of the GDPR and described throughout section 2 of this Privacy Notice. If you are an EEA Resident and object to the processing of your personal data, please notify us by sending an email to contact@espirevr.com with Right to Object to Processing in the subject line and Digital Lode will no longer process the personal data if we cannot demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the establishment, exercise or defense of legal claims. The right to object is described under Article 21 of the GDPR.

10.8 Right to Data Portability

The right to data portability is available when the data processing activity is based on consent under Article 6(1)(a) or Article 9(2)(a) or when the data processing is necessary for the performance of a contract under Article 6(1)(b). There are not any data processing activities that occur based on any of these circumstances, so EEA Residents have no right to data portability when accessing or using any of our games, websites or other services.  The right to data portability is described under Article 20 of the GDPR.

10.9 Right to Lodge a Complaint with a Supervisory Authority

If you believe that Digital Lode processing of personal data infringes the GDPR, please contact us by sending an email to: contact@espirevr.com with the subject line: EEA Privacy Concern so that we can address your concerns.  As described in Section 6, EEA Residents are entitled to lodge a complaint via JAMS at https://www.jamsadr.com/contact or by visiting the website at https://www.jamsadr.com/eu-us-privacy-shield. In addition, as an EEA Resident you have the right to lodge a complaint with the relevant data protection authority where you live or work, or in the place where the alleged breach of data protection law has taken place if you believe our processing of personal data infringes the GDPR.  The right to lodge a complaint is described under Article 77 of the GDPR.  

11. Changes to this Privacy Notice

From time to time Digital Lode may need to modify this Privacy Notice to reflect changes in our business practices, data collection practices or processing activities. We reserve the right to amend this Privacy Notice at any time, for any reason, without notice to you, other than the posting of the amended Privacy Notice on our websites and games.  It is strongly recommended to check our websites often, referring to the date of the last modification listed at the top. If we change the Privacy Notice in material way that adversely impacts your privacy rights, we will post a notice on our website and may send you an email notifying you of the change, if you have provided your email address to us. If you do not agree to the changes made in any amended Privacy Notice, you should discontinue your use of our website, service and games, and stop providing personal data to us prior to the time the modified Privacy Notice takes effect. If you continue using our website, services or games and provide personal data to us after the modified Privacy Notice takes effect, you will be bound by the modified Privacy Notice.

12.  Contact Us

We welcome your questions and comments about Digital Lode’s privacy practices.  You may contact us anytime via our website located at https://thelode.com.au/contact  by email at contact@espirevr.com or as follows:

Digital Lode 
ATTN: Privacy Management
Studio 60 Docklands Cotton Mills
91 Moreland St
Footscray
Vic 3011
Australia