Subject: Updated Terms of Use Agreement & New Scale of Charges
Robson
senior game master
Dear Users,
I'm glad to inform you that we've prepared a lot of changes for your - Players' - benefit in terms of game regulations. Our Terms of Use Agreement has been updated with new points and some of the existing ones have been modified. Moreover, our old Scale of Charges and Chat Rules documents have been scrapped to give way to the brand-new Scale of Charges document, which merges the two obsolete set of rules into one coherent, simple and up-to-date file. All changes come into force on February 14, 2019. The complete list of changes is available below.

Note: Some parts of text have been added to spoiler boxes to improve transparency of the changelog. Simply press to unveil the hidden text.

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TERMS OF USE, SECTION 6 (DRACONITES) CHANGES

OLD (EXPIRED)
3. Using “Draconites” section, the Player can add Draconites to their Account via online payment, via SMS, using WoloPay services, or via Paysafecard (http://www.paysafecard.com/pl/). It is also possible to generate transfer form to complete payment via postal service.

NEW (VALID)
3. Using “Draconites” section, the Player can add Draconites to their Account via online payment, via SMS, using WoloPay services, via Paysafecard, (http://www.paysafecard.com/pl/), via Steam Wallet, iMoje services or Xsolla services. It is also possible to generate transfer form to complete payment via postal service.

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TERMS OF USE, SECTION 10 (PROCESSING OF PERSONAL DATA) CHANGES

OLD (EXPIRED)


NEW (VALID)
1. Personal Data as defined in General Data Protection Regulation. (Regulation (EU) No 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such and repealing Directive 95/46/EC.).
2. The User’s Personal Data Administrator:
Garmory spółka z ograniczoną odpowiedzialnością sp. k.
Address:
Pod Młynem 1C
40-313 Katowice
The company is registered in the 8th Commercial Department of National Forensic Service, District Court of Bielsko Biała (“Sąd Rejonowy w Bielsku Białej, VIII Wydział Gospodarczy Krajowego Rejestru Sądowego”)
KRS (company registration number): 0000519387
NIP (taxpayer identification number): 548-258-11-84
REGON (No. the National Official Register of Business Entities): 241114139
E-mail address: garmory@garmory.pl

3. Accepting Terms of Use Agreement is equivalent with consent to data processing.
4. Providing personal data required to register the account is voluntary and optional, but necessary to buy Draconites via available payment operators or in case of filing a complaint to the Service Provider.
4.1. Participation in the Game and creating a verified account is impossible without accepting the Terms of Use Agreement and data processing consent.
4.2 The User’s consent to the processing of personal data is tantamount to submitting a declaration of having legal capacity to do so.
4.3. Providing any personal data and the User’s consent to the collecting and processing of such data, along with data collected automatically during the Service, is voluntary and is not necessary to provide the Service by the Service Provider.

5. A verified account is the one with the User’s email address.
5.1. Filing complaints on the Game functioning is impossible without submitting a valid email provided.
5.2. Filing complaints is available for the Users with verified accounts only.
5.3. Complaints should be submitted via the Support Panel only.
6. The User may withdraw their data processing consent any moment. Such an action results in loss of access to the Game.
6.1. The application must be registered via the Support Panel.
6.2. Garmory declares to cease processing the User’s data immediately after the verification process.
6.3. The User Account verification process may last up to 14 days.
6.4. The User data will not be deleted from the Game backups. The Game backups are stored for 10 years from their creation to protect the Users’ and the Company’s interests.
7. After completing the registration process and while using the Game, the following data is processed:
7.1. Login – to allow logging in the Game
7.2. E-mail address – to verify the User in case of complaints only
7.3. IP address – to verify the User and protect their interests
7.4. ID and data associated with payments – to verify the payment and assign the purchase of Draconite
8. The Service Provider reserves the right to share the Player’s data to special personas and authorities, if legal regulations stipulate the obligation to do so.
9. The Service Provider or Administrators have right to demand an identity document from the Player, which will prove that the Player’s age meets the Agreement’s requirements - age of 16.
10. Neither the Game nor any of its elements collect or process:
a) Sensitive personal data, in particular, revealing racial or ethnic origin, political views, religious or philosophical beliefs, religious, party or trade union membership, as well as health and other data referred to in the Act,
b) any national identity numbers.
11. The Player has right to:
a) view, correct or complement their personal data,
b) file a complaint related to the processing of personal data to the Supervisory Body, which is the President of the Personal Data Protection Office.
12. The collecting of the data related to the Account’s in-game activity (IP address) does not require a separate User’s consent. The IP address is acquired by the Administrator automatically in order to:
a) ensure the security of the Player’s connection by limiting the possibility of using stolen cookies. At a certain level of account security, the User is not treated as logged in, if their IP address has not changed,
b) ensure the protection against brute force attacks, which rely on constant server querying from one IP address for various data (e.g. guessing passwords or other data allowing to affect the User’s account),
c) verify the User’s conduct in terms of the Terms of Use Agreement and the Scale of Charges.
13. The Data Administrator ensures protection of the collected and processed data against the access of unauthorized third parties,
14. The security measures used by the Administrator include technical, electronic, physical, organizational and contractual means.
15. Under agreements concluded by the Service Provider with entities realizing the payment process, which requires the provision of selected personal data, specific measures (contractual clauses) have been taken to safeguard compliance with the Act regarding the management of entrusted data. The Service Provider shall not be liable for the actual use of data by these entities.
16. In regard to the processing of personal data for the purposes specified in point II.3. and paragraph 3, the Player’s personal data may be made available by the company Garmory spółka z ograniczoną odpowiedzialnością, spółka komandytowa (Garmory limited liability company, limited partnership, hereinafter referred to as Garmory) to other recipients or categories of recipients of personal data, which may include:
a) ING Bank Śląski S.A.
b) Twisto Polska sp. z o.o.
c) Przelewy24 sp. z o.o
d) WoloPay
e) Valve Corporation
f) Xsolla Inc.
16.1 Personal data is made available to ING Bank Śląski S.A. (hereinafter referred to as the Bank) in connection with:
a) the Bank’s service of providing online payment infrastructure (legal basis: article 6, paragraph 6, letter f) of the Regulation),
b) the Bank’s service and settlement of the Garmory clients’ Internet payments using payment instruments (legal basis: article 6, paragraph 6, letter f) of the Regulation),
c) the Bank’s verification of the proper performance of contracts concluded with Garmory to ensure the protection of the payers’ interests in relation to the complaints they file (legal basis: article 6, paragraph 6, letter f) of the Regulation),
d) transferring the Player’s personal data to Twisto Polska sp z o.o. due to the possibility of proposing payment for purchased goods or services by Twisto Polska sp z o.o. within the framework of a civil contract including the purchase formula “Kup z Twisto” (“Buy with Twisto”) and making the purchase formula available by Garmory, as well as the verification by Twisto Polska sp z o.o. of the proper performance of such contracts (legal basis: article 6, paragraph 6, letter f) of the Regulation).
17. Transferring personal data for the purposes of the contract with the entities listed in paragraph 4.
17.1 In case of the Player submitting their personal data for the purpose of transferring the data to Twisto Polska sp. z o.o. before concluding a contract of sale of a good (or service) with Garmory, transferring the personal data is a condition of concluding the contract of sale due to the business model of Garmory. In case of transferring the Player's personal data to the Bank in connection with the service and settlement of the Player's payments, Internet payments to Garmory using payment instruments, providing the data is required for the payment and confirmation of the payment to Garmory by the Bank.
17.2 In case of transferring the Player's personal data to the Bank in order to verify the proper performance of the contracts concluded with Garmory, ensuring protection of the interests of payers in relation to their complaints in particular, providing the data is required to conclude the contracts between Garmory and the Bank.
17.3 In case of transferring the Player's personal data to Twisto Polska sp. z o.o. due to the possibility of proposing payment for the Player's purchased goods or services by Twisto Polska sp z o.o. within the framework of a civil contract including the purchase formula “Kup z Twisto” (“Buy with Twisto”) and making the purchase formula available by Garmory, providing the data is required due to the business model of Garmory and concluding the contract between Garmory and Twisto Polska sp. z o.o.
18. The Service Provider reserves the right to disclose the Player's data to authorized persons and authorities, if such obligation results from the applicable provisions of law.


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The Terms of Use Agreement is available here.

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SCALE OF CHARGES AND CHAT RULES DOCUMENTS CHANGES

OLD CHAT RULES DOCUMENT (EXPIRED)


OLD SCALE OF CHARGES DOCUMENT (EXPIRED)


NEW SCALE OF CHARGES DOCUMENT (VALID)
1. GENERAL RULES

1. The Scale of Charges applies to all game elements and the website (including the Player’s profile).
2. Every punishment affects the Player’s reputation. The number of subtracted reputation points depends on the punishment’s duration. In case of bans, the number of subtracted reputation points is doubled.
3. Penalties accumulate if the Player violated more than one Game Rule.
4. Recidivism - if the Player gets penalized for the same violation again, the punishment may be aggravated or the Player’s account may be banned permanently. Recidivism Policy applies to all points of the Scale of Charges.
5. The Player has the right to appeal against their penalties.
5.1 The Player’s penalty appeal must be assigned to “Bans and Appeals” section via the Support Panel within 30 days from imposing the penalty.
6. Complaints/reports may be filled in via the Support Panel by the affected Players and witnesses only.
6.1. It is forbidden to use other Players’ accounts to fill requests in.
7. All complaints/reports sent via the Support Panel must have valid evidence attached. Player-checking requests will be dismissed.
7.1. Screenshots attached via the Support Panel have to be unprocessed and present the case accurately.
7.2. Only screenshots from the Game window can be treated as an evidence. In extraordinary situations, other screens may be taken into consideration, if the Administration can verify them.
7.3. Screens and reports older than 30 days will not be accepted. Cases older than 30 days are time-barred.
7.4. Screenshots must be attached with visible timestamps.
8. Please be advised that certain behaviors are considered crimes. Stealing data, like game items, Draconites, Payment Codes; threats, urging to cybersex, sharing pornography, piracy, plagiarism, publishing personal data without the owner’s permission might have legal consequences. The Service Provider is obliged to inform the Law Enforcement of any offence and disclose all required data that would help identify the offender.
9. All punishments may be mitigated or aggravated by a Game Master.
10. Game Masters should treat each case individually and adjust the punishment to the specific case.
10.1 A Game Master may grant a conditional or absolute discharge for the Player’s offences for the greater good.

2. OFFENCES

Offence ID: 1
Offence Name: Account Theft
Offence Category: Thefts
Details: In case of this offence, all accounts involved get banned. If the victim proves their account ownership via the Support Panel, the account may be unbanned.
Applicable Penalties: Permanent Account Ban

Offence ID: 2
Offence Name: Account Data Theft
Offence Category: Thefts
Details: This offence applies to: item/gold theft, item/gold trade frauds, illegal loans - borrowing/lending ill-gotten gains, unbounding for extra charges, item/gold extortion.
Applicable Penalties: Personally-Adjusted Account Ban; Account Purge

Offence ID: 3
Offence Name: Account Minor Data Trade
Offence Category: Illegal Trade
Details: This offence applies to: Hero Information Trade, Clan Trade, Clan Invitation Trade (not to be confused with entry fees allowed on official clan pages), Illegal Lottery Organization, Other Games Data Trade (e.g. game codes, characters, items etc.), Illegal Trade Offers.
Applicable Penalties: From 3 to 30-day Account Ban

Offence ID: 4
Offence Name: Account Major Data Trade
Offence Category: Illegal Trade
Details: This offence applies to: Draconites Trade, Exhaustion Trade, Honor Points trading.
Applicable Penalties: Personally-Adjusted Account Ban + Account Purge; Permanent Account Ban

Offence ID: 5
Offence Name: Account Trade Attempt
Offence Category: Illegal Trade
Details: This offence applies to: submitting or responding to account buy offers, Account Trade Fraud.
Applicable Penalties: From 14 to 30-day Account Ban

Offence ID: 6
Offence Name: Account Trade
Offence Category: Illegal Trade
Details: This offence applies to: account sell attempt, ongoing illegal account trade, completed account trade, account exchange.
Applicable Penalties: Permanent Account Ban

Offence ID: 7
Offence Name: Inappropriate Behavior
Offence Category: Inappropriate Behavior and Content
Details: This offence applies to: insulting, slandering, defamation, initiating arguments, provoking players, spamming/insulting on the Support Panel, deliberate game hindering, in-game spamming/flooding, using spamming software, excessive link sharing or trade offers (more than 1 offer/hour in a single location or more than 4 offers/hour in Auction Houses).
Applicable Penalties: 1-72h Mute; From 3 to 30-day Account Ban; Permanent Account Ban

Offence ID: 8
Offence Name: Inappropriate Content I
Offence Category: Inappropriate Behavior and Content
Details: This offence applies to: vulgar/inappropriate character nickname, clan/rank name or account profile; posting erotic subjects (all content of ambiguous meaning), links referring to scripts opening multiple pages, threatening links, links to vulgar/inappropriate content, links to fraud/extortion or game hindering links.
Applicable Penalties: 1-72h Mute; From 3 to 7-day Account Ban; Inappropriate Content Change/Removal

Offence ID: 9
Offence Name: Inappropriate Content II
Offence Category: Inappropriate Behavior and Content
Details: This offence applies to: sharing/posting pornographic, fascist, nazi or other totalitarian ideology content; incitement of ethnic, racial or religious hatred etc.; promoting fascism, nacism or other totalitarian ideology; submitting fake reports via the Support Panel (including deceitful screenshots); publishing private correspondence (including the Support Panel ticket contents, emails), pictures, personal data etc.; sharing/asking for personal data (e.g. account login, password etc.); exping propositions or giving away experience; exploiting Wanted System; blackmailing; corruption attempts; advertising websites not related to the game.
Applicable Penalties: 1-72h Mute; From 14 to 30-day Account Ban; Inappropriate Content Change/Removal

Offence ID: 10
Offence Name: Inappropriate Content III
Offence Category: Inappropriate Behavior and Content
Details: This offence applies to: cybersex offers, forcing others to send sexual pictures, sharing/posting links to illegal pages (including the ones, which steal Draconites, passwords etc.), publishing false information concerning the Administration and the Game, impersonating the Staff Members, advertising/sharing non-Garmory games, disclosing confidential data (e.g. Experimental World content).
Applicable Penalties: Permanent Account Ban

Offence ID: 11
Offence Name: Illegal Account Activity
Offence Category: Illegal Game Improvements
Details: This offence applies to: owning multiple accounts, sharing accounts, using proxy services or VPN programs for illegal purposes.
Applicable Penalties: From 14 to 30-day Account Ban; Permanent Account Ban

Offence ID: 12
Offence Name: Illegal Software
Offence Category: Illegal Game Improvements
Details: This offence applies to: using external software affecting the game experience (e.g. auto-refresh plugins, bots).
Applicable Penalties: Permanent Account Ban

Offence ID: 13
Offence Name: Board Misbehavior
Offence Category: The Board
Details: This offence applies to: duplicating topics, purposeful and persistent off-topic, spam, trolling, violating topic/section rules, nonsensical posting, trading, initiating arguments, provoking users.
Applicable Penalties: Board Mute; Up to 7-day Board Ban; Content Removal

Offence ID: 14
Offence Name: Plagiarism
Offence Category: The Board
Details: This offence applies to: plagiarising any content.
Applicable Penalties: Up to 14-day Board Ban; Content Removal

Offence ID: 15
Offence Name: Inappropriate Content Posting
Offence Category: The Board
Details: This offence applies to: posting links to fraud/extortion, sharing pornography or adult content, posting the game exploits, advertising/sharing non-Garmory games.
Applicable Penalties: Personally-Adjusted Board Ban; Permanent Board Ban; Content Removal

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The Scale of Charges Document is available here.
01.02.2019

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