Privacy Policy

Last Updated December 27, 2023

General Information

Protecting your personal information is our priority. This privacy policy (“Policy”) describes the data practices of Nopixel Studios PTY LTD (ABN 71 634 054 309) and its subsidiaries (collectively, “we”, “us,” “our,” or “Company”), covering the online website “https://www.nopixel.net/” including all sub-pages, sub-domains, and associated domains thereof as well as any multiplayer and/or role-playing modification server (each a “Server”) for Grand Theft Auto V that is developed, operated, and maintained by Company (collectively the "Services"). By using the Services, submitting a job application, entering into agreements with Company, or otherwise communicating with Company, you are consenting to this Policy and the processing of your data in the manner set forth in this Policy. If you do not agree with the terms set forth in this Policy, please do not use the Services or submit any communications to Company.

THE SERVICES ARE NOT INTENDED FOR CHILDREN. IF YOU ARE NOT AT LEAST 18 YEARS OLD, THEN YOU MAY NOT USE OR ACCESS SERVICES IN ANY MANNER.

We reserve the right to change this Policy at any time in our sole discretion. We will provide you with notice of such a change. Notice of any changes to the Privacy Policy will be accomplished upon Company sending you an email to the address listed in your account notifying you of such changes and/or Company announcing such changes through the Services. Such changes will go into effect immediately upon your access of the Services after you are given notice, as described herein. Your continued use of the Services following the notice of any changes to this Privacy Policy constitutes your acceptance of such changes. Any information collected by the Services will be dealt with in accordance with the version of this Privacy Policy that was in place at the time of collection.

1. Information Processed.

a. User Provided Information

To operate the Services and to provide users ("Users"), with the best possible experience, we may collect personally identifiable information ("Personal Information"). Personal Information is any information that can be used to identify you or your household or to contact you online or offline and includes, but is not limited to, your name, address, email, and phone number. The Services may collect Personal Information when it is provided to us, such as when you use our Services, contact us, or connect with us on social media or via one of our partners.

b. Information that is Automatically Collected

We and our analytics service providers use cookies, which are small text files that help store User preferences and activity, similar technologies such as web beacons, pixels, ad tags, logs, and SDKs, which are blocks of code provided by our service providers that may be installed within the Services, to recognize you when you visit our Services, and to collect information such as the number of visits, which features, pages, or content are popular, and to measure your browsing activities. These technologies allow us to optimize the operation of our Services, including by allowing us to help ensure our Services are functioning properly and ultimately improve the Services. Examples of Personal Information collected via cookies includes, but is not limited to, your Internet Protocol ("IP") address, other unique User identifiers, your mobile device and browser type identifiers, software and system type, and information about your use of the Services, including the duration of time you access or use the Services and information about Services performance analytics, including crashing, network, and tracing. You can prevent the storage of cookies by a corresponding setting of your browser software; however, please note that if you do this, you may not be able to use all the features of the Services to the fullest extent possible.

We may also create or collect device-identifiable information (DII), such as statistical identifiers, unique device and advertising identifiers, and similar identifiers that are linkable to a browser or device. From this information, we may also receive other information, such as your IP address, user agent, timestamps, precise and imprecise geolocation, sensor data, apps, fonts, battery life information, and screen size. We may combine this data with Personal Information.

For efficiency’s sake, information about your interactions may be transmitted to our servers while you are not using the Services.

c. Categories of Personal Information We Collect

e. User Generated Content

Certain information, materials, and content that you upload or share via the Services including Custom Assets, may be collected and stored by Company and may be distributed or displayed publicly within the Servers and subsequently used or shared by Company. For the purposes of this Privacy Policy, such content will be referred to as "User Generated Content." Any User Generated Content including any Personal Information therein, is subject to this Privacy Policy. By consenting to this Privacy Policy, you hereby consent to Company’s use of any Personal Information contained in the User Generated Content for the reasons set forth herein and understand and agree that other Users may have access to such Personal Information, by virtue of their access to the User Generated Content.

2. Information From Children

We do not knowingly collect or maintain Personal Information from persons under 18 years of age. If we learn that Personal Information of persons under 18 years of age has been collected on or through the Services, we will take the necessary and appropriate steps to delete the Personal Information.

3. How Company Uses Your Personal Information

We use the information we collect from our Services to provide, fulfill maintain, protect, and improve our Services, to develop new Services and offerings, and to protect our Services, us and our Users.

Personal Information is primarily used to provide you the Services or for legitimate business purposes, such as for sending you occasional communications and updates, hiring, responding to inquiries, logins, and providing and maintaining the Services. When you contact us, we may keep a record of your communication as well as the other information to help solve any issues you might be facing. We may use your email address to inform you about our Services, such as letting you know about changes or improvements. For more information on how we use your Personal Information, see Section 1.

We use DII to operate our Services and manage User sessions, including analyzing usage of our Services, preventing malicious behavior and fraud, improving the content, to link your identity across devices and browsers, to provide you with a more seamless experience online, and helping third parties provide relevant advertising and related metrics. We share DII with service providers and processors primarily for advertising and analytics purposes, for external processing, and for security purposes.

4. How Company Shares Information with Third Parties

WE DO NOT SELL OR LEASE YOUR PERSONAL INFORMATION OR SHARE YOUR PERSONAL INFORMATION FOR THE PURPOSE OF CROSS-CONTEXTUAL BEHAVIORAL ADVERTISING. FURTHER, WE DO NOT USE YOUR INFORMATION TO CREATE PROFILES INCLUDING PROFILES FOR THE PURPOSE OF AUTOMATED DECISION MAKING.

However, there are certain circumstances in which we may transfer your Personal Information to third parties, without further notice to you.

We share Personal Information with companies, outside organizations, and individuals for the limited reasons, outlined below:

1. For external processing - We provide Personal Information to our affiliates, service providers, processors, or other trusted businesses or persons to process it for us, based on our instructions and in compliance with this Policy and any other appropriate confidentiality and security measures. In that respect, we may share Personal Information with companies that provide services to us, including companies that assist us with hosting, payment processing services, providing data process services, providing analytics services, account management, technical support, marketing, communication, measurement, and similar services.
2. For legal reasons - We will use and/or share Personal Information with companies, outside organizations or individuals if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to meet any applicable law, regulation, legal process or enforceable governmental request, detect, prevent, or otherwise address fraud, security or technical issues or protect against harm to the rights, property or safety of our Users or the public as required or permitted by law.
3. In case of a sale or asset transfer - If we become involved in a merger, acquisition or other transaction involving the sale of some or all our assets, User information, including Personal Information collected from you through your use of our Services, could be included in the transferred assets. Should such an event occur, we will use reasonable means to notify you, either through email and/or a prominent notice on the Services.
4. In aggregated form for business purposes - We may use or share aggregated information and DII with our partners such as businesses with whom we have a relationship, advertisers or connected sites. For example, we may share information to show trends about the general use of our Services.
5. To generate and obtain analytics to improve our Services.
6. We may disclose your Personal Information to our owners, employees, and third-party contractors for the purpose of understanding User behavior and using such information to improve the Services.
7. We may disclose your Personal Information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: i) conform to the edicts of the law or comply with legal process served on Company; ii) protect and defend the rights or property of Company; and/or iii) act under exigent circumstances to protect the personal or economic safety of Users, or the general public.
8. In circumstances not described above, we may disclose your Personal Information to other third parties with your consent or if you provide us with direction to do so.

In the past 12 months, we have shared the following Personal Information for the purposes described herein:

1. Category 1: Identifiers
2. Category 2: Information that identifies or can be associated with a particular individual
3. Category 3: Internet or electronic network activity information
4. Category 4: Geolocation
5. Category 5: Commercial Activity and Information
6. Category 6: Employment Information

5. How Long Will Your Information Be Stored

We will not use your Personal Information for any longer than is necessary to accomplish the purpose for which such data is processed, as described herein. Upon that purpose being complete, we will promptly remove such Personal Information. However, we will keep any removed Personal Information on our backup systems, solely for the purpose of archival storage and retrieval, for up to ninety (90) days or as otherwise required by law.

6. More on Third Parties

While we strive to work with reputable companies with good privacy practices, this Policy does not apply to services offered by other companies or individuals, including products or sites that may be displayed or linked to you on the Services. We also do not control the privacy policies and your privacy settings with third parties, including social networks and ad networks. We encourage you to be aware when you leave the Services and to read the privacy statements of any other site or application that collects Personal Information.

7. More on Cookies and Do Not Track Signals

Generally, we use cookies to collect additional service usage data, to improve the Services, and to personalize your experience. Using cookies helps ensure a safe experience; prevent spam, scammers, and phishing; and facilitate User-to-User interactions, such as chatting, posting and sharing content, and providing links to third-party services.

We offer other choices with respect to third parties. Many third parties participate in self-regulation to offer you a choice regarding receiving targeted ads. Please note that you’ll still see generic ads after opting out, but they won’t be based on your activities online. On the web, you can opt out of participating companies by visiting the following sites:

• http://optout.networkadvertising.org
• http://optout.aboutads.info
• http://youronlinechoices.eu/
• https://tools.google.com/dlpage/gaoptout
• https://support.apple.com/en-us/HT202074

If you wish to similarly opt out of cross-app advertising on mobile devices, you can enable the Limit Ad Tracking flag on the device. Enabling Limit Ad Tracking sends a flag to third parties that you wish to opt out of targeted advertising on that device, and major mobile platforms require companies to honor this flag. Screenshots on how to find these options on various devices are available here: http://www.networkadvertising.org/mobile-choices. To learn how to opt out on other devices, please visit the platform/device’s privacy policies for more information

8. Legal Basis for Processing

The Personal Information we process may qualify for multiple legal bases for processing under Article 6 of the General Data Protection Regulation (and similar laws that require legal bases for processing). Below are our primary legal bases for processing your Personal Information:

1. It is contractually necessary to process i) Identifiers such as your name email, Steam ID, Server User IDs, IP address, and device ID; ii) information that can be used to identify you such as your FiveM ID and TEBEX Transaction ID; and iii) commercial activity and information, including records from purchases made on TEBEX, to ensure that the Services are properly delivered to you, provide you with any priority access to the Servers, and enable you to use the Services.
2. We have a legitimate interest in processing your Discord ID and Social Media handle, if you provide it to us, to communicate with you when you are on the Server(s), to provide you with updates regarding the Services, and to respond to messages on our social media accounts and within our Discord server(s).
3. We have a legitimate interest in processing your email address for the purpose of responding to your communications, providing you with customer support regarding the Services, and providing you with updates about the Services.
4. We have a legitimate interest in processing; i) Identifiers such as your IP Address, and User ID; ii) information that can be used to identify you such as your FiveM ID; and iii) network activity and information for the purpose of generating analytics used to improve our Services.
5. We have a legitimate interest in processing i) Identifiers such as your IP Address, and User ID; and ii) information that can be used to identify you such as your FiveM ID for the purpose of securing our Services including the prevention of DDOS attacks.
6. We have a legitimate interest in processing i) Identifiers such as your IP Address, and User ID; email address, and Steam ID and ii) information that can be used to identify you such as your FiveM ID for the purpose of monitoring activity on the Server(s) and ensuring compliance with our Terms of Service, No Pixel Guidelines, and for the purpose of content moderation.
7. We have a legitimate interest in processing your date of birth to ensure that children are not using the Services. The Services contain mature content and explicit themes and are not meant for children.
8. We have a legitimate interest in processing all of the Personal Information described herein for the purposes of creating and maintaining data backups to guard against loss and data breach.
9. It is contractually necessary to process your coarse (imprecise) geolocation so that we can determine the best server to provide you with the Services based on your location.
10. It is contractually necessary for us to process your Steam ID to allow you to access User Generated Content that you have created and/or submitted to the Server.
11. For HR (employment) and internal operations, we rely on contractual necessity and legitimate interests bases to process the Personal Information, including identifiers, of applicants and staff, such as for resumes and applications, payroll, internal chat and communications, and project management.

9. Your Rights

If you are a resident of Australia, the European Economic Area, including the European Union, the United Kingdom, or Switzerland, and wish to access, update, correct, object to the processing of, or delete your Personal Information, please reach out to us at [email protected].

We may ask you to verify your identity before we can act on your request. Making a verifiable consumer request does not require that you create an account with us. You must provide us with sufficient information to verify your identity, however we will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity.

In some cases, we may have to keep that information for legitimate business or legal purposes and therefore will deny a request to delete the information.

Without limiting the foregoing, in certain circumstances, if you are a resident of Australia or the European Economic Area including the European Union, the United Kingdom, or Switzerland you have the following rights with respect to your Personal Information:

• The right to access, update or to delete your Personal Information. Regardless of how we come into contact with your Personal Information, you have the right to request access to any Personal Information we hold about you. You may request access to your Personal Information by contacting our Data Protection Officer on the details below. If at any time you believe that Personal Information we hold about you is incorrect, incomplete or inaccurate, you may request that we amend and/or update your Personal Information. If we refuse your request, we will provide you with a written notice which will outline the reasons for such refusal and the complaint mechanisms available to you.
• The right of rectification. You have the right to have your Personal Information rectified if that information is inaccurate or incomplete.
• The right to object. You have the right to object to our processing of your Personal Information.
• The right of restriction. You have the right to request that we restrict the processing of your Personal Information.
• The right to data portability. You have the right to be provided with a copy of the Personal Information we have on you in a structured, machine-readable and commonly used format.
• The right to withdraw consent. You also have the right to withdraw your consent at any time where Company relied on your consent to process your Personal Information
• The right to opt-out. You have the right to opt-out of the processing of your Personal Information for the purposes of (a) targeted advertising, (b) the sale of Personal Information, or (c) profiling in furtherance of decisions that produce legal or similarly significant effects concerning you.

Additionally we will disclose to you, at your request:

1. The categories of Personal Information collected about you.
2. The categories of sources for the Personal Information we collect about you.
3. Our business or commercial purpose for collecting or selling that Personal Information.
4. The categories of Personal Information that we share with third parties.
5. The categories of third parties to whom we share that Personal Information.
6. The specific pieces of Personal Information we collected about you.
7. How you may exercise your consumer rights with respect to your Personal Information.
8. If we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing
   1. Sales identifying the categories that each category of recipient purchased; and
   2. Disclosures for a business purpose, identifying the categories that each category of recipient obtained.

You may make any of the foregoing requests yourself or through a designated agent. We may ask you to verify your identity before we can act on any request regarding your Personal Information. Additionally, if you choose to make a request through a designated agent, we may contact you to verify that you have given such agent the requisite permission.

You have the right to make complaint to a data protection authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority in the EEA, the United Kingdom, or Switzerland.

Appeal

If you wish to appeal our decision, please email us at [email protected] In your appeal, please state that your message pertains to an appeal and include the date and subject matter of your original request.

10. Nondiscrimination

We will not discriminate against you for exercising the rights set forth herein. To that end, and unless permitted by law, in the event you exercise the rights set forth above, we will not:

1. Deny you goods or services unless it is impossible to distribute or provide such goods or services without the requisite Personal Information;
2. Charge you different prices for goods or services;
3. Impose penalties;
4. Provide you with a different level or quality of goods or services; or
5. Suggest that you may receive a different price or rate for goods or services or a different level of quality of goods or services.

11. Security of your Personal Information

We will take reasonable and appropriate security measures to protect your Personal Information from unauthorized access, disclosure, alteration, or destruction. Unfortunately, no data transmission over the Internet or any mobile or wireless network is 100% secure. As a result, while we strive to protect your Personal Information, you agree and acknowledge that: i) there are security and privacy limitations inherent to the Internet and wireless and mobile networks which are beyond our control; and ii) security, integrity, and privacy of all information and data exchanged between you and Company cannot be guaranteed. We recommend that you do your part in protecting your Personal Information. This includes guarding against unauthorized access to your email and social media accounts; implementing 2-factor authentication where possible; ensuring no one else uses your device or computer when you are logged in; logging off from the Services when they are not in use; keeping your password and other Personal Information confidential; and by taking precautionary steps to guard the physical safety and security of your device or computer.

12. International Transfer

Our Services are located in Australia and your Personal Information may be transferred or stored in the Australia. The data protection laws and rules in the Australia may be different than those where you live. We rely on various legal mechanisms to help lawfully support transfers of information outside the country of collection where appropriate including ensuring all our processors adhere to terms and conditions set forth in the Standard Contractual Clauses, as approved by the European Commission. To the maximum extent permitted by applicable law, you hereby consent to the Company processing your Personal Information in Australia or any other locations where we operate.

Given that our Services are globally accessible, there are times where your data may need to be transferred across different jurisdictions. However, we will not transfer your Personal Information across jurisdictions, unless:

• You have provided your consent; or
• It is necessary to complete a transaction related to the Services; and
• We believe that the recipient of such information is subject to a law, or a binding scheme, that has the effect of protecting your Personal Information in a way that, overall, is at least substantially similar to the way in which the Australian Privacy Principles (APPs) protect Personal Information; and there are mechanisms you can access to enforce that protection of the law or binding scheme; or
• Where otherwise allowed by any applicable legislation.

13. Email Communications

From time to time, we may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication regarding the Services. To improve the Services, we may receive a notification when you open an email from Company or click on a link therein.

If you would like to stop receiving such communications via email from Company, you may opt out of such communications by clicking on the UNSUBSCRIBE button and/or by emailing us at [email protected].

14. Merger or Sale

The information collected pursuant to this Policy, including Personal Information, is considered an asset of Company. In the event Company or some or all of the assets related to the Services are acquired by another entity through a sale, merger, or some other change of ownership transaction, Company reserves the right to transfer or assign the information, collected pursuant to this Privacy Policy.

15. Contact Information

We welcome your questions or comments regarding this Privacy Policy. If you believe that we have not adhered to this Privacy Policy, or if you have any other questions or concerns regarding this Privacy Policy please contact [email protected].

Contact Information for Australian Residents

Data Protection Officer:

You may contact our data protection officer at [email protected].

Office of the Australian Information Commissioner

Phone: 1300 363 992 (local call cost, but calls from mobile and pay phones may incur higher charges). If calling from overseas (including Norfolk Island): +61 2 9284 9749

TTY: 1800 620 241 (this number is dedicated to the hearing impaired only, no voice calls)

TIS: Translating and Interpreting Service: 131 450 (If you don’t speak English or English is your second language and you need assistance and ask for the Office of the Australian Information Commissioner)

Post: GPO Box 2999 Canberra ACT 2601
Fax: +61 2 9284 9666
Email: [email protected]

Contact Information for EU Residents

You may contact our data protection officer at [email protected].