GeForce NOW Powered by bro.game -
Website Terms & Conditions and Privacy Policy
GeForce NOW Powered by bro.game - Website Terms & Conditions and Privacy Policy
GeForce NOW Powered by bro.game - Website Terms & Conditions and Privacy Policy
GeForce NOW Powered by bro.game - Website Terms & Conditions and Privacy Policy
GeForce NOW Powered by bro.game - Website Terms & Conditions and Privacy Policy for GeForce NOW Powered by bro.game
These terms & conditions, as well as all other operating rules, policies and procedures that may be published from time to time on our website, governs the use of our website ("Terms & Conditions").
By accessing or using our website and/or carrying out any online transactions or activities on our website, you agree to abide by these Terms & Conditions. If you do not accept any or all of these Terms & Conditions, you must immediately stop accessing our website and its content and stop carrying out any online transactions or activities on our website.
Our website
1. Our website
1.1 We are the owner and proprietor of our website.
1.2 All copyright, trademarks, service marks and other intellectual property rights subsisting in our website (including but not limited to "bro.game service name, trademarks and logos), and all documentation and manuals relating to our website, will remain our property or, if applicable, our licensors or the third-party supplier. You shall not use or permit anyone to use any of the aforesaid except as may be necessary for your lawful use of our website, the Products & Services or as permitted by us. Any unauthorized use is strictly prohibited.
1.3 Unless expressly permitted by us in writing, you must not copy, distribute, publish, perform, modify, download, transmit, transfer, sell, license, reproduce, create derivative works from or based upon, distribute, post, publicly display, frame, link, or in any other way exploit any of the Content, in whole or in part. Any rights not expressly granted to you herein are reserved. Any violation of copyright laws and/or other intellectual property related laws and regulations may result in severe civil and criminal penalties.
1.4 These Terms & Conditions shall govern any website changes, updates or supplements that may be provided by us from time to time unless they are accompanied by separate terms and conditions, in which case, such terms and conditions will apply in addition to these Terms & Conditions.
2. Use of Website
2.1 You are responsible for obtaining and maintaining, at your own costs, all equipment necessary for the access and use of our website (including but not limited to compatible mobile telephone or handheld devices).
2.2 To use our website, you will need, where relevant, internet connectivity and appropriate telecommunication links. The terms and conditions of subscription with your respective mobile or internet network provider ("Connectivity Provider") will continue to apply when using our website. As a result, you may be charged by your Connectivity Provider for access to network connection services for the duration of the connection while accessing our website or any such third-party charges as may arise. You accept responsibility for any such charges that may arise from and/or in connection with your use of our website. We do not guarantee that the Website will be uninterrupted or error-free. We are not responsible for any disruption, delay, or defects in the network or internet service.
3. Undertakings to use website
3.1 In order to use our website, you must provide accurate and complete information to us and inform us immediately of any changes in the particulars of information given to us including but not limited to any changes in address and/or contact particulars. You must also comply with all instructions, notices or directions as may be issued by us from time to time.
3.2 Your use of our website is also subject to our gaming services terms & conditions and such other terms & conditions as may be agreed or accepted by you ("Other Terms & Conditions"). If there is any conflict or inconsistency between these Terms & Conditions and the Other Terms & Conditions, such conflict or inconsistency will be resolved based on our sole consideration. However, only in case of such conflict or inconsistency cannot be so resolved, the Other Terms & Conditions will supersede these Terms & Conditions.
3.3 By submitting any text or images, including but not limited to photographs and videos ("Material"), via the App and/or our website, you acknowledge and agree that we shall own and have unrestricted right to use, publish and otherwise exploit any and all Material you post, communicate or otherwise publish on our website in any manner.
3.4 Restrictions: You shall not do the actions as follows:
3.4.1 use, download, sync or copy our website other than as permitted by these Terms & Conditions;
3.4.2 copy, reproduce, translate, adapt, vary, modify, reverse engineer, disassemble, attempt to derive the source code of or create derivative works of our website or any part of our website except only to the extent that the applicable law provides that such cannot be prohibited;
3.4.3 use our website for any unlawful purpose or any other purpose not authorized by these Terms & Conditions; and/or
3.4.4 remove, add, change or otherwise tamper with any copyright notice, legend or logo appearing on our website or the medium where it is stored.
3.5 Undertakings: You undertake not to use or permit anyone else to use our website:
3.5.1 to send or receive any material which is not civil or tasteful;
3.5.2 to send or receive any material which is threatening, offensive, of an indecent, obscene or menacing character, offensive to religious/cultural beliefs or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;
3.5.3 to send or receive any material for which you have not obtained all necessary licenses and/or approvals (from us or third parties); or which constitutes or encourages conduct might be considered a legal offence, resulting in criminal/civil liabilities or other liabilities regarding the contrary to the law or infringement of the rights of any third party in any country in the world.
3.5.4 to send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
3.5.5 to cause annoyance, harassment, inconvenience or anxiety;
3.5.6 to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
3.5.7 for a purpose other than which we have designed them or intended them to be used;
3.5.8 for any fraudulent, improper, illegal, or unlawful purpose;
3.5.9 other than in conformance with accepted internet practices;
3.5.10 in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity; and/or
3.5.11 in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure.
3.6 Further Undertakings: Without limitation, you further undertake not to do by yourself or permit anyone else to:
3.6.1 furnish false data including false names, addresses and contact details and fraudulently use credit/debit card numbers;
3.6.2 attempt to circumvent our security or network including to access data not intended for you, log into a server or account you are not expressly authorized to access, or probe the security of other networks (such as running a port scan);
3.6.3 execute any form of network monitoring which will intercept data not intended for you;
3.6.4 enter into fraudulent interactions or transactions with us;
3.6.5 extract data from or hack into our website;
3.6.6 use our website in any way that is in breach of these Terms & Conditions;
3.6.7 engage in any unlawful activity in connection with the use of our website; and/or
3.6.8 engage in any conduct which, in our exclusive reasonable opinion that will be based on reasonable and objective grounds, restricts or inhibits any other User from properly using or enjoying our website.
4. Security
4.1 Information transmitted through our website: We shall not be responsible for the security of your account and information transmitted to, from or through our website.
4.2 Security of your account: The security of your login identification and/or account information is your own responsibility. While we will establish a secure login identification method that complies with the requirements of applicable laws, regulations, or guidelines, you are solely responsible for all activities and transactions, which occur under your login identification and/or account. We will not be responsible in any way if your login identification and/or account information are misappropriated or used by a third party.
4.3 Secure passwords: You shall use secure passwords to protect any network, account or device used to access our website. You shall take all measures (including but not limited to changing your password from time to time) to enhance the security of your passwords. Use of passwords deemed by us, in our sole discretion, to be insecure shall be a violation of these Terms & Conditions.
4.4 Login identification: We reserve the right to refuse, change or remove your login identification in our absolute discretion. We will notify you of such refusal or removal and you shall take all steps necessary to comply with our notice.
4.5 Suspected unauthorized use: If you discover or suspect that there has been any unauthorized use or disclosure of your login identification or that your account security has been compromised, you must immediately inform us and change your password.
4.6 Account records and activities: You are solely responsible for maintaining records of all your activities and transactions carried out under your login identification and/or account. We are not obliged to provide any historical data and/or to assist in providing such data to you. Without prejudice to the foregoing, in the absence of fraud or manifest error, all our records relating to your account are conclusive evidence of the accuracy, completeness and truth of all matters stated therein. Our decision on all matters relating to the activities and transactions carried out under your login identification and/or account shall be final and conclusive.
4.7 Suspension and/or termination: We may, based on our sole and absolute discretion, suspend or terminate access to and/or use of your account or all or parts of our website at any time and without notice or liability. In no event will we be liable for the suspension or termination of access to or use of your account or our website. We may also impose limits on the access to and/or use of certain features or portions of your account and/or our website at any time and without notice or liability.
4.8 Information transmission: For the avoidance of doubt, we shall not be responsible for the security of any information transmitted to, from or through our website.
5. What we may need to do
5.1 Based on our sole discretion, in the event of a breach of these Terms & Conditions, applicable laws, security concerns, or other reasonable grounds, we may restrict, suspend or terminate your right to use our website and also any of the Products & Services and Content which you may access through our website without the notice or assigning any reason.
5.2 We may add, delete, or disable the Products & Services, and/or Content on our website, and/or add, delete, disable or modify some or all of our website and/or the Content therein at any time, without notice and at our absolute discretion. You acknowledge and agree that we may suspend or terminate access to and/or use of all or parts of our website and/or the Content therein at any time, without notice and at our absolute discretion. In no event will we be liable for the suspension or termination of access to any Products & Services and/or Content or any functionality of our website. We may also impose limits on the access to and/or use of certain features or portions of our website and/or any Content at any time, without notice and at our absolute discretion.
5.3 We may, at any time and without any notice, temporarily suspend our website (or any Content therein) for operational reasons, such as to repair, to maintenance, to upgrade, to improve our website (or the affected Content) or an emergency. We may also modify our website (or any Content) in order to keep pace with the prevailing demands and technological developments, at any time, without notice, without liability and at our absolute discretion.
6. Products & Services available on our website
6.1 Our website may enable you to access, use or acquire third party’s products, services and/or content, which we will not be responsible for. We do not endorse or guarantee such third party’s products, services and/or content’s accuracy, reliability, integrity, legality, or quality. You access, use and/or acquire such third party’s products, services and/or content at your own risk.
6.2 We do not warrant or guarantee that descriptions and pricing of Products & Services offered via our website are accurate, complete, reliable, current, or error-free.
6.3 The descriptions, pricing and availability of Products & Services will be subject to change, withdrawal or discontinuance at our absolute discretion, without notice and without the need to assign a reason thereof. We will not be liable in any way for any inaccuracy, errors or discrepancies in relation to any Products & Services offered on or via our website. We reserve the right to reject or cancel any orders resulting from such inaccuracy, errors or discrepancies, without liability.
7. Payment
7.1 You are liable for all charges and payments for all Products & Services and Content procured or obtained through our website.
7.2 If our website allows you to (i) send SMS messages, (ii) use text messaging or (iii) use data, mobile or otherwise, and carrier or usage charges arise from and/or in connection with such use, you shall be responsible for all such expenses or charges incurred in relation to such use.
8. Use of cookies on our website
8.1 We use cookies on our website for the following purposes. Please note that in cases where the cookies are not strictly necessary for the operation of our website, we will request your consent as show in the cookie [banner/pop-up]banner [SPI1] prior to their deployment.
8.1.1 Strictly essential cookies - these cookies are necessary for our website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. We also deploy cookies to authenticate you when you perform online transactions with us.
8.1.2 Performance cookies - these cookies allow us to count visits and traffic sources, so we can measure and improve the performance of our website. They help us know which pages are the most and least popular and see how visitors move around the website. All information these cookies collect is aggregated and therefore anonymous.
8.1.3 Functional cookies - These cookies allow the provision of enhanced functionality and personalization, such as videos and live chats. They may be set by us to enable you to share certain content that you may be interested in.
8.1.4 Targeting cookies - These cookies are set through our website by our analytics software. They may be used to build a profile of your interests and show you relevant ads on our website and other sites. They work by uniquely identifying your browser and device. You may adjust your browser settings to disable this function if you do not wish to be tracked.
In this regard, you can manage your cookie preferences at any time through our cookie settings panel, accessible at [link]. For more information, you may contact the Data Protection Officer, details as shown in the privacy policy.
8.2 Most internet browsers provide you with the option of turning off the processing of cookies (please see the "help" section of your browser), but this may result in the loss of functionality, restrict your use of our website and/or delay or affect the way in which our website operates.
8.3 Advertisements on our website may be provided by third party advertisers and their agencies. These may generate cookies to track how many people have seen a particular advertisement (or use the services of third parties to view a particular advertisement), and to track how many people have seen it more than once, in which such actions might require your consent to collect, use, or process. We do not control these third parties and their cookie policies. You shall review the privacy policies and cookie practices of such third parties before interacting with their content or advertisements.
8.4 We are not responsible for the Personal Data policies (including Personal Data protection and cookies), content or security of any third party websites linked to our website.
9. Others
From time to time, we may run competitions, promotions and surveys via our website, subject to additional terms and conditions. You agree to comply with any of these additional terms and conditions, including any additional third party terms and conditions, applicable to such competitions, promotions and surveys.
OTHER LEGAL MATTERS
This section sets out both our legal rights and obligations and applies in addition to the above sections.
1. Indemnity
You agree to indemnify us, our Affiliates and their directors, officers, employees, agents, contractors as well as our service providers and any other third party providers of Products & Services and/or Content via our website (collectively, "Indemnitees"), in full against all damages, losses, costs, charges, expenses, liabilities, claims, demands, proceedings and actions established against us or any Indemnitees and which in any case arises out of, in relation to, or by reason of your use of our website, the Content and/or Products & Services, your negligence, your breach of these Terms & Conditions, your breach of any statutory requirement, duty or law, and/or your violation of any rights of any other person or entity. This clause shall survive the termination or expiry of these Terms & Conditions for any reason.
2. Liability
2.1 Our website, the Content, Products & Services are all provided on an "as is" and "as available" basis. You use and rely on them at your sole risk. To the fullest extent allowed by applicable laws and regulations, we do not give any assurances, guarantees and warranties, either express or implied, in connection with our website, the Content and/or Products & Services.2.2 Specifically, we do not warrant merchantability, satisfactory quality, fitness for a particular purpose and non-infringement. In addition, we make no warranties or representations about the accuracy, usefulness, reliability, quality, safety or completeness of our website, the Content and/or Products & Services and shall not be liable in contract, tort, negligence, misrepresentation, strict liability, statute or otherwise for (i) any errors, mistakes, or inaccuracies of any Content or Products & Services, (ii) any harm, personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, the Content and/or Products & Services, (iii) any unauthorized access to our website or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (v) any bugs, viruses, trojan horses, or the like which may be transmitted by any third party to or through our website, the Content or Products & Services, or (vi) any errors or omissions in any Content or Products & Services or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via our website, even if the foregoing (listed in paragraphs (i) to (vi)) were caused by our willful, reckless or negligent act, omission and/or delay.
2.3 We do not warrant, endorse, guarantee, or assume any liability for any Product or Service advertised or offered by a third party through our website or any hyperlinked website or featured in any banner or other advertising, and we will not be a party to or in any way be liable for monitoring any transaction between you and third-party providers of products or services.
2.4 Under no circumstances shall we be held responsible for any:-
(i) direct damages, losses, costs or expenses;
(ii) indirect, incidental, special, punitive or consequential damages, losses, costs or expenses;
(iii) lost profits, revenue, business or anticipated savings, loss of data, loss of Content or loss of use,
whether based on warranty, contract, tort, negligence, misrepresentation, strict liability, statute or any other legal theory, and whether or not we (or such other relevant person) is advised of the possibility of such damages, losses, costs or expenses, even if such damages, losses, costs or expenses were caused by or resulting from anything we (or such other relevant person) do or omit to do, delay in doing or even if done, omitted or delayed willfully, recklessly or negligently, whether or not it is contemplated or authorized by any agreement you may have with us. This limitation of liability will apply to the fullest extent allowed by law.
2.5 Without prejudice to the clauses above, if you are dissatisfied with our website, any Products & Services and/or Content, or any of these Terms & Conditions, your sole and exclusive remedy is to discontinue your access and use of them; otherwise, your continued access and use shall be deemed as your implied consent and agreement to these Terms & Conditions.
2.6 In the event we are unable to rely on the exclusions of liability set out above, then our total liability to you or any third party shall in no event exceed THB [●] for any event or a series of connected events.
3. Matters beyond our control
3.1 We will not be liable for any delay or failure in performance resulting from matters beyond our control. These include acts of God, requirements of any governmental or regulatory authority, war, national emergency, accident, fire, lightning, equipment failure, computer software or software malfunction, electrical power failure, faults, interruption or disruption of our networks or the networks of other service providers or of your equipment or the equipment of any third party, riots, strikes, lock-outs, industrial disputes (whether or not involving our employees) or epidemics of infectious diseases.
3.2 Without prejudice to the clause above, we will not be liable for any delay or failure in performance resulting from any delay or failure of any third party to deliver or provide any facilities, infrastructure, equipment, products or services to us.
4. No waiver
In case of our inability or delay in exercising or enforcing any of our rights under these Terms & Conditions, we will not be considered to have waived our rights, and our right to fully exercise and enforce all our rights under these Terms & Conditions will not be affected.
5. Confidentiality
You must not use or disclose to any person of any information (other than information that is, or has become publicly available) relating to the website, any of the Products & Services or us which you obtain from us or our agents in connection with these Terms & Conditions, except to the extent necessary to comply with law, court order or any regulatory authority.
6. Assignment and transfer
You agree that this Agreement, any rights, obligations, and licenses granted herein, may not be assigned or transferred by you to any other party. On the other hand, they may be transferred or assigned by us to any other party without restriction and without notice to you.
7. Communications
7.1 You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications which we provide to you electronically satisfy any legal requirement that such communications be in writing. Further, you waive any rights or requirements under any legal requirement in any jurisdiction which requires an wet-ink signature (non-electronic) or delivery or retention of non-electronic records.
7.2 Without prejudice to the above clause, you agree that notices may also be sent to you by post or email as may be determined by us.
8. Changes
We may make changes to any of these Terms & Conditions, our website, any of the Products & Services and/or Content at any time at our absolute discretion and without notice to you. The updated Terms & Conditions will be posted on our website and will take effect from the date of such posting. You are advised to review our Terms & Conditions periodically as they are binding upon you. Your continued use of our website and/or the Products & Services will be deemed as your acceptance and agreement to the changed Terms & Conditions, website, Products & Services and Content.
9. Applicable laws
These Terms & Conditions are governed by Thai laws and both you and us agree to irrevocably submit to the non-exclusive jurisdiction of the Thai courts for any legal proceedings relating to these Terms & Conditions.
10. Meanings
This clause sets out how certain words and phrases are used in these Terms & Conditions.
"Act" refers to Thailand’s Personal Data Protection Act B.E. 2562 (2019) (as amended).
"Agreement" means these Terms & Conditions which may be revised by us at any time, without notice and in our absolute discretion and without liability.
"Affiliate" means any related or associate company of Brothers Pictures Company Limited including their successors, assigns, employees and agents.
"Content" means any and all human readable audio and/or visual elements, including without limitation, any information, text, graphics, images, illustrations, photographs, animation, audio/visual works, designs, logos and other materials.
"Personal Data" has the meaning ascribed to it in the Act.
"Products" mean any and all goods (including digital goods) sold or supplied via or in connection with our website.
"Products & Services" refers to our Products and Services and our Affiliates’ and/or third parties’ products and/or services.
"Services" any and all services available, accessible and/or provided via our website
"we", "our", "us" means Brothers Pictures Company Limited (any of its Affiliates, including their successors, assigns, employees and agents).
"User" refers to any individual persons who purchases any Product and/or Services sold or supplied via the application and/or website.
PRIVACY POLICY
1. Your use of our website may require access to other networks not owned or operated by us, including the internet and third-party cellular networks. You acknowledge that your access to our website shall be subject to the availability and quality of such third-party networks and any applicable terms and conditions imposed by such third parties in relation to their networks.
2. Collected Personal Data
For the purpose of this Privacy Policy, we shall collect data which are any information that verifies your identificationidentification, and which include the following examples:
Private data – title, first name, last name
Contact data – phone number, e-mail address, Google Account, Discord Account, Facebook Account, LINE ID, in relation to the Company and other social networks accounts.
Information Behavior – interest in purchasing the products (or goods and other services), budget, purchasing behavior, questions, suggestions or complain and browsing activity (for personal data we collect through website, you can review details of collection and processing of your personal data at cookies policy).
Apart from the aforementioned Personal Data, we may collect other kinds of personal data, if necessary and permissible by law, and we will strictly comply with the applicable rules, regulations and standards for data protection as prescribed by law.
This section is limited to information collected via our website and/or your use of the Products & Services. Our website and its Content may contain links to other third-party sites. We are not responsible for privacy policies of third-party sitessites, and we encourage you to read the privacy statements of such third-party sites which may collect your Personal Data prior to entering such third-party sites.
3. Consent: You confirm that you have read and agree with this Clause. By providing explicit consent to us, submitting information to us, signing up for any Products & Services offered by us, or using our website, you agree and consent to us as well as our respective representatives and/or agents collecting, using, disclosing and sharing amongst themselves your Personal Data, and disclosing such Personal Data to our authorized service providers and relevant third parties as deemed necessary in the manner set forth in these Terms & Conditions to provide Products & Services.
4. Collection: Generally, we collect Personal Data in the following ways:-
4.1 when you submit an application form or other forms relating to any of the Products & Services or otherwise submit an order relating to any of the Products & Services;
4.2 when you interact with our customer service support, for example, via chatbot (including live agents), email, social media (including but not limited to Discord, Facebook Messenger, LINE Official Account) and/or such other medium of interaction as may be changed by us from time to time, at our absolute determination without notice;
4.3 when you use some of the Products & Services, for example, websites, platforms and apps including establishing any online accounts with us;
4.4 when you purchase or obtain third party services through us;
4.5 when you request that we contact you, be included in an email or other mailing list;
4.6 when you respond to our promotions, initiatives or to any request for additional Personal Data;
4.7 when you are contacted by, and respond to, our marketing representatives and customer service officers;
4.8 when we seek information from third parties about you in connection with the Products & Services you have applied for; and/or
4.9 when you submit your Personal Data to us for any other reasons, including when you sign up for a free trial of any of the Products & Services or when you express your interest in any of the Products & Services.
5. Disclosure: We may share your Personal Data for the purposes listed in Clause 8 below. Although we will do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to our websites, online services or apps; any transmission is at your own risk. Additionally, we cannot assume responsibility for any unauthorized use of your Personal Data by third parties which are wholly attributable to factors beyond our control. If such disclosure involves transfer of your Personal Data outside Thailand, a standard of protection that is comparable to that under these Terms & Conditions shall be provided.
6. If you provide us with any Personal Data relating to a third party (e.g. information of your spouse, children, parents, and/or employees), by submitting such information to us, you represent to us that you have obtained the consent of the third party to provide us with their Personal Data for the respective purposes set out in these Terms & Conditions.
In addition, you should ensure that all Personal Data submitted to us is complete, accurate, true and correct. Failure on your part to do so may result in our inability to provide you with the Products & Services you have requested.
7. We may also deploy cookies or other technology to enable our website to recognize your browsing patterns to improve your customer experience with us. We use cookies to remember your information, to link your activities to you. More information on cookies is set out in Clause 8 of our earlier section.
8. Purposes for the collection, use and disclosure of your personal data
This Clause describes the purposes for which we collect, use and disclose your Personal Data.
8.1 Generally, we collect, use and disclose your Personal Data for the following purposes:-
8.1.1 to respond to your queries and requests;
8.1.2 to manage our administrative and business operations and comply with internal policies and procedures;
8.1.3 to facilitate business asset transactions (which may extend to any mergers, acquisitions or asset sales) involving any of the companies within our group;
8.1.4 to match any Personal Data held which relates to you for any of the purposes listed in these Terms & Conditions;
8.1.5 to resolve complaints and handle requests and enquiries;
8.1.6 to prevent, detect and investigate crime and analyze and manage any commercial risks;
8.1.7 to provide media announcements and responses;
8.1.8 to monitor or record phone calls and customer-facing interactions for quality assurance, employee training, performance evaluation and identity verification purposes;
8.1.9 for legal purposes (including but not limited to obtaining legal advice and dispute resolution);
8.1.10 to conduct investigations relating to disputes, billing, suspected illegal activities or fraud;
8.1.11 to meet or comply with any applicable rules, laws, regulations, codes of practice or guidelines issued by any legal or regulatory bodies which are binding on us (including but not limited to responding to regulatory complaints, disclosing to regulatory bodies and conducting audit checks, due diligence and investigations);
8.1.12 any other purpose which we may notify you at the time of obtaining your consent;
8.1.13 opening or continuation of accounts and establishing or providing you with the Products & Services you subscribe to (including but not limited to service activation, service operations, service delivery and order processing);
8.1.14 facilitating the continuation or termination of your subscription to the Products & Services (including but not limited to administering subscription arrangements, account maintenance, account closure, processing renewal of contracts and customer relationship management);
8.1.15 facilitating the daily operation of the Products & Services (including but not limited to billing, customer service, customer verification, technical support, network maintenance, patch update, any upgrade, and troubleshooting);
8.1.16 facilitating third party services if purchased, obtained, administered or processed through us;
8.1.17 managing and executing our service-level agreements or customer service warranties with you, if any;
8.1.18 processing of payment instructions, GIRO, direct debit facilities and/or credit facilities requested by you;
8.1.19 enforcement of repayment obligations (including but not limited to debt collection, filing of claims and retrieval of payments from losses made by our service partners);
8.1.20 administering and processing any insurance claims and payments arising under the respective policies;
8.1.21 credit and internal risk management (including but not limited to performing credit checks and disclosures to law enforcement agencies);
8.1.22 generating internal reports (including but not limited to annual, operational and management reports);
8.1.23 processing referral payments and commission fees to our external partners;
8.1.24 administering fee adjustments, refunds and waivers;
8.1.25 notifying you of your entitlements under any applicable loyalty, reward or benefit programs with us; and/or
8.1.26 analyzing your use of the Products & Services so as to help us improve, review, develop and efficiently manage the Products & Services offered to you.
Additional Purposes
8.2 Furthermore, where permitted under the Act:-
We may also collect, use and disclose your Personal Data for the following additional purposes (the "Additional Purposes"):-
8.2.1 analytics and tracking, including facilitating the sale of analytical data subject to the level of selected cookie policy;
8.2.2 conducting market research and surveys to enable us to understand and determine customer location, preferences and demographics to develop special offers and marketing programs in relation to Products & Services, and to improve our service delivery and your customer experience at our touchpoints;
8.2.3 providing additional Products & Services and benefits to you, including promotions and offers from us;
8.2.4 matching Personal Data with other data collected for other purposes and from other sources (including third parties) in connection with the provision, marketing or offering of Products & Services;
8.2.5 generating leads and managing marketing activities for the Products & Services;
8.2.6 administering lucky draws, contests, competitions and marketing campaigns, and personalizing your experience at our touchpoints;
8.2.7 communicating to your advertisements involving details of the Products & Services, special offers and rewards, either to our customers generally, or which we have identified to be of interest to you (including but not limited to upselling, cross selling and telemarketing (which could be partly declined under your consideration));
8.2.8 organizing promotional events and corporate social responsibility projects; and/or
8.2.9 purposes which are reasonably related to any of the above purposes in this Clause 8.2 or for any other purpose which we may notify you at the time of obtaining your consent.
8.3 In addition, where permitted under the Act and subject to the provisions of any applicable law, your Personal Data may be disclosed: (i) for the Additional Purposes to vendors or other third party service providers in connection with promotions and services offered by us; and/or (ii) to vendors or other third party service providers for the purpose of providing you with the Products & Services you subscribe to.
9. Withdrawal of consent, access and correction of your personal data
This Clause describes how you can withdraw your consent or obtain access and make corrections to the Personal Data that you have provided us.
9.1 Rights over Your Personal Data
You have various rights with respect to our use of your personal data:
· Access: You can request for access to or receive the copy of your Personal Data we collected. Under some circumstances, we are entitled to deny your request.
· Data portability: You can request for your Personal Data to be transferred to a third party in machine-readable format.
· Rectification: If you believe Personal Data we collected is not accurate or update need to be made, you can contact us to rectify the accuracy of your Personal Data.
· Objection: You can contact us to cease the processing of your Personal Data.
· Restriction: You can contact us to restrict the processing of your Personal Data in the event that your Personal Data is no longer necessary for the purposes for which it was collected; your Personal Data we hold is not accurate; or your personal data has been unlawfully processed.
· Consent withdrawal: If you have consented to process your Personal Data, such consent can be withdrawn at any time. Once we receive notice of such withdrawal request, we will cease the processing activities unless we have other legal grounds to do so.
· Deletion: You can contact us to erase or destroy your Personal Data if the Personal Data is no longer necessary for the purposes for which it was collected; or your Personal Data has been unlawfully processed; or you withdraw your consent.
If you would like to withdraw your consent to any use of your Personal Data as set out in this Data Protection Policy, you can choose to modify your marketing preference at [the Edit Profile page found in our website, or email us at dpo@bro.game.
9.2 Please be aware that once we receive confirmation that you wish to withdraw your consent for marketing or promotional materials/communication, it may take up to 30 days for your withdrawal to be reflected in our systems. In the meantime, you may still receive marketing or promotional materials/communication from us. Please note that even if you withdraw your consent for the receipt of marketing or promotional materials, we may still contact you for other purposes in relation to the Products & Services that you hold or have subscribed to with us.
9.3 Data Retention Period
We will retain your Personal Data for as long as is necessary to fulfill the purposes as provided in Clause 8 for which it was collected, or as required or permitted by the Act, applicable laws and regulations. We will cease to retain your Personal Data, or remove the means by which the data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purpose for which the Personal Data was collected and is no longer necessary for legal or business purposes or your account has been deleted or removed.
In determining the appropriate retention period, we consider the nature and sensitivity of the data, the potential risk of harm from unauthorized use or disclosure, the purposes for which we process your Personal Data, whether those purposes can be achieved through other means, and the applicable legal requirements.
We may retain anonymized or aggregated data (which is not considered Personal Data) for analytics, business planning, or compliance purposes for a longer period.
9.4 Privacy Policy Amendment
This Policy will be reviewed on a regular basis and may be amended from time to time to bring it into line with the practices and laws on the Act. You will be informed of any material change by appropriate means.
9.5 If you would like to obtain access, make corrections, exercise your rights to your Personal Data records, or have any questions about this Privacy Policy, please contact us in writing as follows:-
Address: 214 Soi Chan 43, Chan Road, Bang Klo Sub-District, Bang Kho Laem District, Bangkok, 10120, Thailand
Email: dpo@bro.game
9.6 Please note that if your Personal Data has been provided to us by a third party (e.g. a referrer), you should contact that organization or individual to make such queries, complaints, and access and correction requests to us on your behalf.
9.7 If you withdraw your consent to any or all use of your Personal Data, depending on the nature of your request, we may not be in a position to continue to provide the Products & Services to you or administer any contractual relationship that is already in place, which in turn may result in us having to terminate this Agreement and other agreements that you may have with us, resulting in you being in breach of your contractual obligations or undertakings, and we cannot be held responsible to you or anyone else for the termination. All our rights and remedies in such event are expressly reserved.
GeForce NOW Powered by bro.game - Website Terms & Conditions and Privacy Policy for GeForce NOW Powered by bro.game
These terms & conditions, as well as all other operating rules, policies and procedures that may be published from time to time on our website, governs the use of our website ("Terms & Conditions").
By accessing or using our website and/or carrying out any online transactions or activities on our website, you agree to abide by these Terms & Conditions. If you do not accept any or all of these Terms & Conditions, you must immediately stop accessing our website and its content and stop carrying out any online transactions or activities on our website.
Our website
1. Our website
1.1 We are the owner and proprietor of our website.
1.2 All copyright, trademarks, service marks and other intellectual property rights subsisting in our website (including but not limited to "bro.game service name, trademarks and logos), and all documentation and manuals relating to our website, will remain our property or, if applicable, our licensors or the third-party supplier. You shall not use or permit anyone to use any of the aforesaid except as may be necessary for your lawful use of our website, the Products & Services or as permitted by us. Any unauthorized use is strictly prohibited.
1.3 Unless expressly permitted by us in writing, you must not copy, distribute, publish, perform, modify, download, transmit, transfer, sell, license, reproduce, create derivative works from or based upon, distribute, post, publicly display, frame, link, or in any other way exploit any of the Content, in whole or in part. Any rights not expressly granted to you herein are reserved. Any violation of copyright laws and/or other intellectual property related laws and regulations may result in severe civil and criminal penalties.
1.4 These Terms & Conditions shall govern any website changes, updates or supplements that may be provided by us from time to time unless they are accompanied by separate terms and conditions, in which case, such terms and conditions will apply in addition to these Terms & Conditions.
2. Use of Website
2.1 You are responsible for obtaining and maintaining, at your own costs, all equipment necessary for the access and use of our website (including but not limited to compatible mobile telephone or handheld devices).
2.2 To use our website, you will need, where relevant, internet connectivity and appropriate telecommunication links. The terms and conditions of subscription with your respective mobile or internet network provider ("Connectivity Provider") will continue to apply when using our website. As a result, you may be charged by your Connectivity Provider for access to network connection services for the duration of the connection while accessing our website or any such third-party charges as may arise. You accept responsibility for any such charges that may arise from and/or in connection with your use of our website. We do not guarantee that the Website will be uninterrupted or error-free. We are not responsible for any disruption, delay, or defects in the network or internet service.
3. Undertakings to use website
3.1 In order to use our website, you must provide accurate and complete information to us and inform us immediately of any changes in the particulars of information given to us including but not limited to any changes in address and/or contact particulars. You must also comply with all instructions, notices or directions as may be issued by us from time to time.
3.2 Your use of our website is also subject to our gaming services terms & conditions and such other terms & conditions as may be agreed or accepted by you ("Other Terms & Conditions"). If there is any conflict or inconsistency between these Terms & Conditions and the Other Terms & Conditions, such conflict or inconsistency will be resolved based on our sole consideration. However, only in case of such conflict or inconsistency cannot be so resolved, the Other Terms & Conditions will supersede these Terms & Conditions.
3.3 By submitting any text or images, including but not limited to photographs and videos ("Material"), via the App and/or our website, you acknowledge and agree that we shall own and have unrestricted right to use, publish and otherwise exploit any and all Material you post, communicate or otherwise publish on our website in any manner.
3.4 Restrictions: You shall not do the actions as follows:
3.4.1 use, download, sync or copy our website other than as permitted by these Terms & Conditions;
3.4.2 copy, reproduce, translate, adapt, vary, modify, reverse engineer, disassemble, attempt to derive the source code of or create derivative works of our website or any part of our website except only to the extent that the applicable law provides that such cannot be prohibited;
3.4.3 use our website for any unlawful purpose or any other purpose not authorized by these Terms & Conditions; and/or
3.4.4 remove, add, change or otherwise tamper with any copyright notice, legend or logo appearing on our website or the medium where it is stored.
3.5 Undertakings: You undertake not to use or permit anyone else to use our website:
3.5.1 to send or receive any material which is not civil or tasteful;
3.5.2 to send or receive any material which is threatening, offensive, of an indecent, obscene or menacing character, offensive to religious/cultural beliefs or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;
3.5.3 to send or receive any material for which you have not obtained all necessary licenses and/or approvals (from us or third parties); or which constitutes or encourages conduct might be considered a legal offence, resulting in criminal/civil liabilities or other liabilities regarding the contrary to the law or infringement of the rights of any third party in any country in the world.
3.5.4 to send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
3.5.5 to cause annoyance, harassment, inconvenience or anxiety;
3.5.6 to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
3.5.7 for a purpose other than which we have designed them or intended them to be used;
3.5.8 for any fraudulent, improper, illegal, or unlawful purpose;
3.5.9 other than in conformance with accepted internet practices;
3.5.10 in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity; and/or
3.5.11 in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure.
3.6 Further Undertakings: Without limitation, you further undertake not to do by yourself or permit anyone else to:
3.6.1 furnish false data including false names, addresses and contact details and fraudulently use credit/debit card numbers;
3.6.2 attempt to circumvent our security or network including to access data not intended for you, log into a server or account you are not expressly authorized to access, or probe the security of other networks (such as running a port scan);
3.6.3 execute any form of network monitoring which will intercept data not intended for you;
3.6.4 enter into fraudulent interactions or transactions with us;
3.6.5 extract data from or hack into our website;
3.6.6 use our website in any way that is in breach of these Terms & Conditions;
3.6.7 engage in any unlawful activity in connection with the use of our website; and/or
3.6.8 engage in any conduct which, in our exclusive reasonable opinion that will be based on reasonable and objective grounds, restricts or inhibits any other User from properly using or enjoying our website.
4. Security
4.1 Information transmitted through our website: We shall not be responsible for the security of your account and information transmitted to, from or through our website.
4.2 Security of your account: The security of your login identification and/or account information is your own responsibility. While we will establish a secure login identification method that complies with the requirements of applicable laws, regulations, or guidelines, you are solely responsible for all activities and transactions, which occur under your login identification and/or account. We will not be responsible in any way if your login identification and/or account information are
misappropriated or used by a third party.
4.3 Secure passwords: You shall use secure passwords to protect any network, account or device used to access our website. You shall take all measures (including but not limited to changing your password from time to time) to enhance the security of your passwords. Use of passwords deemed by us, in our sole discretion, to be insecure shall be a violation of these Terms & Conditions.
4.4 Login identification: We reserve the right to refuse, change or remove your login identification in our absolute discretion. We will notify you of such refusal or removal and you shall take all steps necessary to comply with our notice.
4.5 Suspected unauthorized use: If you discover or suspect that there has been any unauthorized use or disclosure of your login identification or that your account security has been compromised, you must immediately inform us and change your password.
4.6 Account records and activities: You are solely responsible for maintaining records of all your activities and transactions carried out under your login identification and/or account. We are not obliged to provide any historical data and/or to assist in providing such data to you. Without prejudice to the foregoing, in the absence of fraud or manifest error, all our records relating to your account are conclusive evidence of the accuracy, completeness and truth of all matters stated therein. Our decision on all matters relating to the activities and transactions carried out under your login identification and/or account shall be final and conclusive.
4.7 Suspension and/or termination: We may, based on our sole and absolute discretion, suspend or terminate access to and/or use of your account or all or parts of our website at any time and without notice or liability. In no event will we be liable for the suspension or termination of access to or use of your account or our website. We may also impose limits on the access to and/or use of certain features or portions of your account and/or our website at any time and without notice or liability.
4.8 Information transmission: For the avoidance of doubt, we shall not be responsible for the security of any information transmitted to, from or through our website.
5. What we may need to do
5.1 Based on our sole discretion, in the event of a breach of these Terms & Conditions, applicable laws, security concerns, or other reasonable grounds, we may restrict, suspend or terminate your right to use our website and also any of the Products & Services and Content which you may access through our website without the notice or assigning any reason.
5.2 We may add, delete, or disable the Products & Services, and/or Content on our website, and/or add, delete, disable or modify some or all of our website and/or the Content therein at any time, without notice and at our absolute discretion. You acknowledge and agree that we may suspend or terminate access to and/or use of all or parts of our website and/or the Content therein at any time, without notice and at our absolute discretion. In no event will we be liable for the suspension or termination of access to any Products & Services and/or Content or any functionality of our website. We may also impose limits on the access to and/or use of certain features or portions of our website and/or any Content at any time, without notice and at our absolute discretion.
5.3 We may, at any time and without any notice, temporarily suspend our website (or any Content therein) for operational reasons, such as to repair, to maintenance, to upgrade, to improve our website (or the affected Content) or an emergency. We may also modify our website (or any Content) in order to keep pace with the prevailing demands and technological developments, at any time, without notice, without liability and at our absolute discretion.
6. Products & Services available on our website
6.1 Our website may enable you to access, use or acquire third party’s products, services and/or content, which we will not be responsible for. We do not endorse or guarantee such third party’s products, services and/or content’s accuracy, reliability, integrity, legality, or quality. You access, use and/or acquire such third party’s products, services and/or content at your own risk.
6.2 We do not warrant or guarantee that descriptions and pricing of Products & Services offered via our website are accurate, complete, reliable, current, or error-free.
6.3 The descriptions, pricing and availability of Products & Services will be subject to change, withdrawal or discontinuance at our absolute discretion, without notice and without the need to assign a reason thereof. We will not be liable in any way for any inaccuracy, errors or discrepancies in relation to any Products & Services offered on or via our website. We reserve the right to reject or cancel any orders resulting from such inaccuracy, errors or discrepancies, without liability.
7. Payment
7.1 You are liable for all charges and payments for all Products & Services and Content procured or obtained through our website.
7.2 If our website allows you to (i) send SMS messages, (ii) use text messaging or (iii) use data, mobile or otherwise, and carrier or usage charges arise from and/or in connection with such use, you shall be responsible for all such expenses or charges incurred in relation to such use.
8. Use of cookies on our website
8.1 We use cookies on our website for the following purposes. Please note that in cases where the cookies are not strictly necessary for the operation of our website, we will request your consent as show in the cookie [banner/pop-up]banner [SPI1] prior to their deployment.
8.1.1 Strictly essential cookies - these cookies are necessary for our website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. We also deploy cookies to authenticate you when you perform online transactions with us.
8.1.2 Performance cookies - these cookies allow us to count visits and traffic sources, so we can measure and improve the performance of our website. They help us know which pages are the most and least popular and see how visitors move around the website. All information these cookies collect is aggregated and therefore anonymous.
8.1.3 Functional cookies - These cookies allow the provision of enhanced functionality and personalization, such as videos and live chats. They may be set by us to enable you to share certain content that you may be interested in.
8.1.4 Targeting cookies - These cookies are set through our website by our analytics software. They may be used to build a profile of your interests and show you relevant ads on our website and other sites. They work by uniquely identifying your browser and device. You may adjust your browser settings to disable this function if you do not wish to be tracked.
In this regard, you can manage your cookie preferences at any time through our cookie settings panel, accessible at [link]. For more information, you may contact the Data Protection Officer, details as shown in the privacy policy.
8.2 Most internet browsers provide you with the option of turning off the processing of cookies (please see the "help" section of your browser), but this may result in the loss of functionality, restrict your use of our website and/or delay or affect the way in which our website operates.
8.3 Advertisements on our website may be provided by third party advertisers and their agencies. These may generate cookies to track how many people have seen a particular advertisement (or use the services of third parties to view a particular advertisement), and to track how many people have seen it more than once, in which such actions might require your consent to collect, use, or process. We do not control these third parties and their cookie policies. You shall review the privacy policies and cookie practices of such third parties before interacting with their content or advertisements.
8.4 We are not responsible for the Personal Data policies (including Personal Data protection and cookies), content or security of any third party websites linked to our website.
9. Others
From time to time, we may run competitions, promotions and surveys via our website, subject to additional terms and conditions. You agree to comply with any of these additional terms and conditions, including any additional third party terms and conditions, applicable to such competitions, promotions and surveys.
OTHER LEGAL MATTERS
This section sets out both our legal rights and obligations and applies in addition to the above sections.
1. Indemnity
You agree to indemnify us, our Affiliates and their directors, officers, employees, agents, contractors as well as our service providers and any other third party providers of Products & Services and/or Content via our website (collectively, "Indemnitees"), in full against all damages, losses, costs, charges, expenses, liabilities, claims, demands, proceedings and actions established against us or any Indemnitees and which in any case arises out of, in relation to, or by reason of your use of our website, the Content and/or Products & Services, your negligence, your breach of these Terms & Conditions, your breach of any statutory requirement, duty or law, and/or your violation of any rights of any other person or entity. This clause shall survive the termination or expiry of these Terms & Conditions for any reason.
2. Liability
2.1 Our website, the Content, Products & Services are all provided on an "as is" and "as available" basis. You use and rely on them at your sole risk. To the fullest extent allowed by applicable laws and regulations, we do not give any assurances, guarantees and warranties, either express or implied, in connection with our website, the Content and/or Products & Services.2.2 Specifically, we do not warrant merchantability, satisfactory quality, fitness for a particular purpose and non-infringement. In addition, we make no warranties or representations about the accuracy, usefulness, reliability, quality, safety or completeness of our website, the Content and/or Products & Services and shall not be liable in contract, tort, negligence, misrepresentation, strict liability, statute or otherwise for (i) any errors, mistakes, or inaccuracies of any Content or Products & Services, (ii) any harm, personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, the Content and/or Products & Services, (iii) any unauthorized access to our website or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (v) any bugs, viruses, trojan horses, or the like which may be transmitted by any third party to or through our website, the Content or Products & Services, or (vi) any errors or omissions in any Content or Products & Services or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via our website, even if the foregoing (listed in paragraphs (i) to (vi)) were caused by our willful, reckless or negligent act, omission and/or delay.
2.3 We do not warrant, endorse, guarantee, or assume any liability for any Product or Service advertised or offered by a third party through our website or any hyperlinked website or featured in any banner or other advertising, and we will not be a party to or in any way be liable for monitoring any transaction between you and third-party providers of products or services.
2.4 Under no circumstances shall we be held responsible for any:-
(i) direct damages, losses, costs or expenses;
(ii) indirect, incidental, special, punitive or consequential damages, losses, costs or expenses;
(iii) lost profits, revenue, business or anticipated savings, loss of data, loss of Content or loss of use,
whether based on warranty, contract, tort, negligence, misrepresentation, strict liability, statute or any other legal theory, and whether or not we (or such other relevant person) is advised of the possibility of such damages, losses, costs or expenses, even if such damages, losses, costs or expenses were caused by or resulting from anything we (or such other relevant person) do or omit to do, delay in doing or even if done, omitted or delayed willfully, recklessly or negligently, whether or not it is contemplated or authorized by any agreement you may have with us. This limitation of liability will apply to the fullest extent allowed by law.
2.5 Without prejudice to the clauses above, if you are dissatisfied with our website, any Products & Services and/or Content, or any of these Terms & Conditions, your sole and exclusive remedy is to discontinue your access and use of them; otherwise, your continued access and use shall be deemed as your implied consent and agreement to these Terms & Conditions.
2.6 In the event we are unable to rely on the exclusions of liability set out above, then our total liability to you or any third party shall in no event exceed THB [●] for any event or a series of connected events.
3. Matters beyond our control
3.1 We will not be liable for any delay or failure in performance resulting from matters beyond our control. These include acts of God, requirements of any governmental or regulatory authority, war, national emergency, accident, fire, lightning, equipment failure, computer software or software malfunction, electrical power failure, faults, interruption or disruption of our networks or the networks of other service providers or of your equipment or the equipment of any third party, riots, strikes, lock-outs, industrial disputes (whether or not involving our employees) or epidemics of infectious diseases.
3.2 Without prejudice to the clause above, we will not be liable for any delay or failure in performance resulting from any delay or failure of any third party to deliver or provide any facilities, infrastructure, equipment, products or services to us.
4. No waiver
In case of our inability or delay in exercising or enforcing any of our rights under these Terms & Conditions, we will not be considered to have waived our rights, and our right to fully exercise and enforce all our rights under these Terms & Conditions will not be affected.
5. Confidentiality
You must not use or disclose to any person of any information (other than information that is, or has become publicly available) relating to the website, any of the Products & Services or us which you obtain from us or our agents in connection with these Terms & Conditions, except to the extent necessary to comply with law, court order or any regulatory authority.
6. Assignment and transfer
You agree that this Agreement, any rights, obligations, and licenses granted herein, may not be assigned or transferred by you to any other party. On the other hand, they may be transferred or assigned by us to any other party without restriction and without notice to you.
7. Communications
7.1 You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications which we provide to you electronically satisfy any legal requirement that such communications be in writing. Further, you waive any rights or requirements under any legal requirement in any jurisdiction which requires an wet-ink signature (non-electronic) or delivery or retention of non-electronic records.
7.2 Without prejudice to the above clause, you agree that notices may also be sent to you by post or email as may be determined by us.
8. Changes
We may make changes to any of these Terms & Conditions, our website, any of the Products & Services and/or Content at any time at our absolute discretion and without notice to you. The updated Terms & Conditions will be posted on our website and will take effect from the date of such posting. You are advised to review our Terms & Conditions periodically as they are binding upon you. Your continued use of our website and/or the Products & Services will be deemed as your acceptance and agreement to the changed Terms & Conditions, website, Products & Services and Content.
9. Applicable laws
These Terms & Conditions are governed by Thai laws and both you and us agree to irrevocably submit to the non-exclusive jurisdiction of the Thai courts for any legal proceedings relating to these Terms & Conditions.
10. Meanings
This clause sets out how certain words and phrases are used in these Terms & Conditions.
"Act" refers to Thailand’s Personal Data Protection Act B.E. 2562 (2019) (as amended).
"Agreement" means these Terms & Conditions which may be revised by us at any time, without notice and in our absolute discretion and without liability.
"Affiliate" means any related or associate company of Brothers Pictures Company Limited including their successors, assigns, employees and agents.
"Content" means any and all human readable audio and/or visual elements, including without limitation, any information, text, graphics, images, illustrations, photographs, animation, audio/visual works, designs, logos and other materials.
"Personal Data" has the meaning ascribed to it in the Act.
"Products" mean any and all goods (including digital goods) sold or supplied via or in connection with our website.
"Products & Services" refers to our Products and Services and our Affiliates’ and/or third parties’ products and/or services.
"Services" any and all services available, accessible and/or provided via our website
"we", "our", "us" means Brothers Pictures Company Limited (any of its Affiliates, including their successors, assigns, employees and agents).
"User" refers to any individual persons who purchases any Product and/or Services sold or supplied via the application and/or website.
PRIVACY POLICY
1. Your use of our website may require access to other networks not owned or operated by us, including the internet and third-party cellular networks. You acknowledge that your access to our website shall be subject to the availability and quality of such third-party networks and any applicable terms and conditions imposed by such third parties in relation to their networks.
2. Collected Personal Data
For the purpose of this Privacy Policy, we shall collect data which are any information that verifies your identificationidentification, and which include the following examples:
Private data – title, first name, last name
Contact data – phone number, e-mail address, Google Account, Discord Account, Facebook Account, LINE ID, in relation to the Company and other social networks accounts.
Information Behavior – interest in purchasing the products (or goods and other services), budget, purchasing behavior, questions, suggestions or complain and browsing activity (for personal data we collect through website, you can review details of collection and processing of your personal data at cookies policy).
Apart from the aforementioned Personal Data, we may collect other kinds of personal data, if necessary and permissible by law, and we will strictly comply with the applicable rules, regulations and standards for data protection as prescribed by law.
This section is limited to information collected via our website and/or your use of the Products & Services. Our website and its Content may contain links to other third-party sites. We are not responsible for privacy policies of third-party sitessites, and we encourage you to read the privacy statements of such third-party sites which may collect your Personal Data prior to entering such third-party sites.
3. Consent: You confirm that you have read and agree with this Clause. By providing explicit consent to us, submitting information to us, signing up for any Products & Services offered by us, or using our website, you agree and consent to us as well as our respective representatives and/or agents collecting, using, disclosing and sharing amongst themselves your Personal Data, and disclosing such Personal Data to our authorized service providers and relevant third parties as deemed necessary in the manner set forth in these Terms & Conditions to provide Products & Services.
4. Collection: Generally, we collect Personal Data in the following ways:-
4.1 when you submit an application form or other forms relating to any of the Products & Services or otherwise submit an order relating to any of the Products & Services;
4.2 when you interact with our customer service support, for example, via chatbot (including live agents), email, social media (including but not limited to Discord, Facebook Messenger, LINE Official Account) and/or such other medium of interaction as may be changed by us from time to time, at our absolute determination without notice;
4.3 when you use some of the Products & Services, for example, websites, platforms and apps including establishing any online accounts with us;
4.4 when you purchase or obtain third party services through us;
4.5 when you request that we contact you, be included in an email or other mailing list;
4.6 when you respond to our promotions, initiatives or to any request for additional Personal Data;
4.7 when you are contacted by, and respond to, our marketing representatives and customer service officers;
4.8 when we seek information from third parties about you in connection with the Products &
Services you have applied for; and/or
4.9 when you submit your Personal Data to us for any other reasons, including when you sign up for a free trial of any of the Products & Services or when you express your interest in any of the Products & Services.
5. Disclosure: We may share your Personal Data for the purposes listed in Clause 8 below. Although we will do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to our websites, online services or apps; any transmission is at your own risk. Additionally, we cannot assume responsibility for any unauthorized use of your Personal Data by third parties which are wholly attributable to factors beyond our control. If such disclosure involves transfer of your Personal Data outside Thailand, a standard of protection that is comparable to that under these Terms & Conditions shall be provided.
6. If you provide us with any Personal Data relating to a third party (e.g. information of your spouse, children, parents, and/or employees), by submitting such information to us, you represent to us that you have obtained the consent of the third party to provide us with their Personal Data for the respective purposes set out in these Terms & Conditions.
In addition, you should ensure that all Personal Data submitted to us is complete, accurate, true and correct. Failure on your part to do so may result in our inability to provide you with the Products & Services you have requested.
7. We may also deploy cookies or other technology to enable our website to recognize your browsing patterns to improve your customer experience with us. We use cookies to remember your information, to link your activities to you. More information on cookies is set out in Clause 8 of our earlier section.
8. Purposes for the collection, use and disclosure of your personal data
This Clause describes the purposes for which we collect, use and disclose your Personal Data.
8.1 Generally, we collect, use and disclose your Personal Data for the following purposes:-
8.1.1 to respond to your queries and requests;
8.1.2 to manage our administrative and business operations and comply with internal policies and procedures;
8.1.3 to facilitate business asset transactions (which may extend to any mergers, acquisitions or
asset sales) involving any of the companies within our group;
8.1.4 to match any Personal Data held which relates to you for any of the purposes listed in these Terms & Conditions;
8.1.5 to resolve complaints and handle requests and enquiries;
8.1.6 to prevent, detect and investigate crime and analyze and manage any commercial risks;
8.1.7 to provide media announcements and responses;
8.1.8 to monitor or record phone calls and customer-facing interactions for quality assurance,
employee training, performance evaluation and identity verification purposes;
8.1.9 for legal purposes (including but not limited to obtaining legal advice and dispute resolution);
8.1.10 to conduct investigations relating to disputes, billing, suspected illegal activities or fraud;
8.1.11 to meet or comply with any applicable rules, laws, regulations, codes of practice or guidelines issued by any legal or regulatory bodies which are binding on us (including but not limited to responding to regulatory complaints, disclosing to regulatory bodies and conducting audit checks, due diligence and investigations);
8.1.12 any other purpose which we may notify you at the time of obtaining your consent;
8.1.13 opening or continuation of accounts and establishing or providing you with the Products &
Services you subscribe to (including but not limited to service activation, service operations, service delivery and order processing);
8.1.14 facilitating the continuation or termination of your subscription to the Products & Services
(including but not limited to administering subscription arrangements, account maintenance, account closure, processing renewal of contracts and customer relationship management);
8.1.15 facilitating the daily operation of the Products & Services (including but not limited to billing, customer service, customer verification, technical support, network maintenance, patch update, any upgrade, and troubleshooting);
8.1.16 facilitating third party services if purchased, obtained, administered or processed through us;
8.1.17 managing and executing our service-level agreements or customer service warranties with you, if any;
8.1.18 processing of payment instructions, GIRO, direct debit facilities and/or credit facilities requested by you;
8.1.19 enforcement of repayment obligations (including but not limited to debt collection, filing of claims and retrieval of payments from losses made by our service partners);
8.1.20 administering and processing any insurance claims and payments arising under the respective policies;
8.1.21 credit and internal risk management (including but not limited to performing credit checks and disclosures to law enforcement agencies);
8.1.22 generating internal reports (including but not limited to annual, operational and management reports);
8.1.23 processing referral payments and commission fees to our external partners;
8.1.24 administering fee adjustments, refunds and waivers;
8.1.25 notifying you of your entitlements under any applicable loyalty, reward or benefit programs with us; and/or
8.1.26 analyzing your use of the Products & Services so as to help us improve, review, develop and efficiently manage the Products & Services offered to you.
Additional Purposes
8.2 Furthermore, where permitted under the Act:-
We may also collect, use and disclose your Personal Data for the following additional purposes (the "Additional Purposes"):-
8.2.1 analytics and tracking, including facilitating the sale of analytical data subject to the level of selected cookie policy;
8.2.2 conducting market research and surveys to enable us to understand and determine customer location, preferences and demographics to develop special offers and marketing programs in relation to Products & Services, and to improve our service delivery and your customer experience at our touchpoints;
8.2.3 providing additional Products & Services and benefits to you, including promotions and offers from us;
8.2.4 matching Personal Data with other data collected for other purposes and from other sources (including third parties) in connection with the provision, marketing or offering of Products & Services;
8.2.5 generating leads and managing marketing activities for the Products & Services;
8.2.6 administering lucky draws, contests, competitions and marketing campaigns, and personalizing your experience at our touchpoints;
8.2.7 communicating to your advertisements involving details of the Products & Services, special offers and rewards, either to our customers generally, or which we have identified to be of interest to you (including but not limited to upselling, cross selling and telemarketing (which could be partly declined under your consideration));
8.2.8 organizing promotional events and corporate social responsibility projects; and/or
8.2.9 purposes which are reasonably related to any of the above purposes in this Clause 8.2 or for any other purpose which we may notify you at the time of obtaining your consent.
8.3 In addition, where permitted under the Act and subject to the provisions of any applicable law, your Personal Data may be disclosed: (i) for the Additional Purposes to vendors or other third party service providers in connection with promotions and services offered by us; and/or (ii) to vendors or other third party service providers for the purpose of providing you with the Products & Services you subscribe to.
9. Withdrawal of consent, access and correction of your personal data
This Clause describes how you can withdraw your consent or obtain access and make corrections to the Personal Data that you have provided us.
9.1 Rights over Your Personal Data
You have various rights with respect to our use of your personal data:
· Access: You can request for access to or receive the copy of your Personal Data we collected. Under some circumstances, we are entitled to deny your request.
· Data portability: You can request for your Personal Data to be transferred to a third party in machine-readable format.
· Rectification: If you believe Personal Data we collected is not accurate or update need to be made, you can contact us to rectify the accuracy of your Personal Data.
· Objection: You can contact us to cease the processing of your Personal Data.
· Restriction: You can contact us to restrict the processing of your Personal Data in the event that your Personal Data is no longer necessary for the purposes for which it was collected; your Personal Data we hold is not accurate; or your personal data has been unlawfully processed.
· Consent withdrawal: If you have consented to process your Personal Data, such consent can be withdrawn at any time. Once we receive notice of such withdrawal request, we will cease the processing activities unless we have other legal grounds to do so.
· Deletion: You can contact us to erase or destroy your Personal Data if the Personal Data is no longer necessary for the purposes for which it was collected; or your Personal Data has been unlawfully processed; or you withdraw your consent.
If you would like to withdraw your consent to any use of your Personal Data as set out in this Data Protection Policy, you can choose to modify your marketing preference at [the Edit Profile page found in our website, or email us at dpo@bro.game.
9.2 Please be aware that once we receive confirmation that you wish to withdraw your consent for marketing or promotional materials/communication, it may take up to 30 days for your withdrawal to be reflected in our systems. In the meantime, you may still receive marketing or promotional materials/communication from us. Please note that even if you withdraw your consent for the receipt of marketing or promotional materials, we may still contact you for other purposes in relation to the Products & Services that you hold or have subscribed to with us.
9.3 Data Retention Period
We will retain your Personal Data for as long as is necessary to fulfill the purposes as provided in Clause 8 for which it was collected, or as required or permitted by the Act, applicable laws and regulations. We will cease to retain your Personal Data, or remove the means by which the data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purpose for which the Personal Data was collected and is no longer necessary for legal or business purposes or your account has been deleted or removed.
In determining the appropriate retention period, we consider the nature and sensitivity of the data, the potential risk of harm from unauthorized use or disclosure, the purposes for which we process your Personal Data, whether those purposes can be achieved through other means, and the applicable legal requirements.
We may retain anonymized or aggregated data (which is not considered Personal Data) for analytics, business planning, or compliance purposes for a longer period.
9.4 Privacy Policy Amendment
This Policy will be reviewed on a regular basis and may be amended from time to time to bring it into line with the practices and laws on the Act. You will be informed of any material change by appropriate means.
9.5 If you would like to obtain access, make corrections, exercise your rights to your Personal Data records, or have any questions about this Privacy Policy, please contact us in writing as follows:-
Address: 214 Soi Chan 43, Chan Road, Bang Klo Sub-District, Bang Kho Laem District, Bangkok, 10120, Thailand
Email: dpo@bro.game
9.6 Please note that if your Personal Data has been provided to us by a third party (e.g. a referrer), you should contact that organization or individual to make such queries, complaints, and access and correction requests to us on your behalf.
9.7 If you withdraw your consent to any or all use of your Personal Data, depending on the nature of your request, we may not be in a position to continue to provide the Products & Services to you or administer any contractual relationship that is already in place, which in turn may result in us having to terminate this Agreement and other agreements that you may have with us, resulting in you being in breach of your contractual obligations or undertakings, and we cannot be held responsible to you or anyone else for the termination. All our rights and remedies in such event are expressly reserved.
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ติดต่อทีม bro
GeForce NOW Powered by bro.game
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อุปกรณ์ที่รองรับ
ติดต่อทีม bro
GeForce NOW Powered by bro.game
เรื่องราว
อุปกรณ์ที่รองรับ
ติดต่อทีม bro