Last update: 23/02/2021

ABOUT THESE TERMS OF USE
These terms of use (the “Terms of Use”) govern the use of this website (“Hyper Dash Website”) and any Hyper Dash products, software, virtual/augmented reality application or mobile application (“Hyper Dash Products”). This agreement is between you, as a user of the Hyper Dash Products or a visitor of the Hyper Dash Website and Triangle Factory bv (“Triangle Factory”, “we”), the owner of the Hyper Dash Website and the developer of the Hyper Dash Products. When you use the Hyper Dash Website or the Hyper Dash Products, you agree to these Terms of Use. Please refrain from visiting the Hyper Dash Website or using the Hyper Dash Products if you do not agree to these Terms of Use or do not satisfy the eligibility requirements to be using the Hyper Dash Website or the Hyper Dash Products. You are responsible for the people that use your account or your device on the Hyper Dash Products or Hyper Dash Website. Triangle Factory can terminate these Terms of Use and the license granted hereunder, restrict, suspend or remove your access to the Hyper Dash Website and the Hyper Dash Products or take (legal) action against you if it determines that you violate these Terms of Use, you make unauthorized use of the limited license granted under these Terms of Use or you do not adhere to the Code of Conduct.

All rights that are not expressly granted to you under these Terms of Use are reserved by Triangle Factory and its licensors. If any conflict arises between these Terms of Use and other provisions that can be found on the Hyper Dash Website or the Hyper Dash Products, these Terms of Use shall prevail.

WHO IS RESPONSIBLE FOR THESE TERMS OF USE?
Triangle Factory bv (“Triangle Factory”, “we”), the owner of the Hyper Dash Website and the developer of the Hyper Dash Products, is responsible for these Terms of Use. Triangle Factory is a private limited liability company headquartered at Gebroeders Vandeveldestraat 107, 9000 Ghent, Belgium and registered under company number BE0822.717.673. If you have any questions regarding these Terms of Use, you can contact us by sending your request to the aforementioned address, or you can send us an e-mail at [email protected].

PRIVACY POLICY & COOKIE POLICY
When you make use of the Hyper Dash Website and Hyper Dash Products, we process your personal data in accordance with our privacy policy and we retain cookies in conformity with our cookie policy. We advise you to read these policies carefully and regularly to stay informed on how we process your personal data. When making use of the Hyper Dash Website and Hyper Dash Products, you declare to have taken note of our privacy policy and cookie policy. If you have any questions regarding the processing of your personal information, you can contact us at [email protected].

ELIGIBILITY REQUIREMENTS
You must be at least 13 years of age to make use of the Hyper Dash Website or the Hyper Dash Products. If you are a minor (above the age of 13 years), you must review these Terms of Use and the privacy policy and cookie policy together with your parent or guardian. Triangle Factory advises guardians and parents to become acquainted with the parental controls available on the devices of minors.

LICENSE
We grant you a personal, limited, non-transferable, non-assignable, revocable and non-exclusive license to use the Hyper Dash Website and Hyper Dash Products to which you have access for your non-commercial use, provided that you use this license in conformity with these Terms of Use. The content and materials on this Hyper Dash Website and the Hyper Dash Products is protected by trademarks, copyright, design rights, trade secrets and other proprietary and intellectual property rights and nothing in these Terms of Use or on the Hyper Dash Products and Hyper Dash Website can be seen as a transfer or assignment of such rights. You cannot, either in part or in full, copy, distribute, sell, reverse engineer, modify the content or materials on the Hyper Dash Website or Hyper Dash Products, including (without limitation) its software, written materials, images, audio and video materials, or use such content for public or commercial purposes without our prior written consent. You may not use the Hyper Dash Website and Hyper Dash Products for anything other than their intended purposes.

All title, ownership, and intellectual property rights in and to the Hyper Dash Website and Hyper Dash Products are owned by Triangle Factory and Triangle Factory’s licensors. The Hyper Dash Website and Hyper Dash Products including their materials are licensed, not sold, for your use. This license does not confer any title or ownership.

CODE OF CONDUCT
When making use of the Hyper Dash Website and the Hyper Dash Products, you agree to adhere to the following rules of conduct (“Code of Conduct”):

You do not violate any applicable laws of regulations, including with the content you upload on your account;
You do not tamper with the organizational and technical measures installed by Triangle Factory to guarantee a secure and safe environment for its users or use a device or software that could interfere with these measures;
You are respectful towards other users, you do not interfere with their use of the Hyper Dash Products and Hyper Dash Website and you do not upload or distribute content that is inappropriate, harmful, constitutes hate speech, is defamatory, harassing, offensive or threatening or that violates the (intellectual property) rights of a third party;
You do not cheat, boost or engage in anti-competitive behaviour or sell your account, user name or your achievements from Hyper Dash Products;
You do not (attempt to) interfere with the software used by the Hyper Dash Website or Hyper Dash Products or engage in hacking, spamming, installing malware or other viruses;
You cannot modify or make any derivative works of the (content on the) Hyper Dash Website and Hyper Dash Products, in whole or in part, or remove any proprietary notices or labels;
You cannot make use of the Hyper Dash Website and Hyper Dash Products in violation with your agreements with third parties, for example your user agreement with a platform provider (e.g. Oculus, Steam, Viveport);
You cannot impersonate another user or attempt to obtain, the password, account information, or other private information from other users;
You cannot use personal data that you receive about another user while using the Hyper Dash Website or Hyper Dash Products for any other purposes than to engage in a Hyper Dash game. You will not attempt to identify another user outside of the context of the Hyper Dash Website or Hyper Dash Products or violate the privacy of another user in any other way; and
You agree to alert Triangle Factory as soon as possible in any case that you become aware of a person violating the Terms of Use or abusing the (content of the) Hyper Dash Website and Hyper Dash Products.
THIRD PARTY LINKS OR CONTENT
The Hyper Dash Website and the Hyper Dash Products sometimes refer to websites or products of third parties, such as social media network providers or platform providers. Triangle Factory has no control over the content that is produced on such websites or products and cannot be held responsible for any activity on these websites or products. A referral on the Hyper Dash Website or Hyper Dash Products to websites or products of third parties does not mean that Triangle Factory has reviewed and/or approves or recommends such websites or products. Likewise, if websites or products of third parties refer to the Hyper Dash Website or Hyper Dash Products, this does not mean that Triangle Factory or the Hyper Dash Website or Hyper Dash Products is in any way affiliated with such website or has approved the content of such external product or website. We advise you to consult the terms and conditions, including the privacy policy, of such products or websites of third parties for more information.

If you access the Hyper Dash Products while making use of a platform (e.g. Steam, Viveport, Oculus…), you need to comply with the terms of use of such platform provider and you acknowledge its privacy policy. Triangle Factory is not responsible if you cannot gain access to the Hyper Dash Products due to issues with such third-party platform provider or any other difficulties you may encounter in using the Hyper Dash products on account of such platform provider.

LIABILITY AND INDEMNIFICATION
While we do our best to provide the Hyper Dash Website and Hyper Dash Products without errors or inaccuracies and ensure access to our Hyper Dash Website and Hyper Dash Products at all times, we do not make any warranties regarding the content or the availability of the Hyper Dash Website and Hyper Dash Products.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE HYPER DASH WEBSITE AND THE HYPER DASH PRODUCTS ARE PROVIDED “AS IS” AND YOUR USE OF THE HYPER DASH WEBSITE AND HYPER DASH PRODUCTS ARE AT YOUR OWN RISK. TRIANGLE FACTORY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT. This includes, without limitation, that we do not warrant (express or implied) that our Hyper Dash Website or Hyper Dash Products are free from errors, defects, viruses, or harmful components.

TO THE FULLEST EXTENT PERMITTED BY LAW, TRIANGLE FACTORY, ITS EMPLOYEES, OFFICERS, AGENTS AND REPRESENTATIVES WILL NOT BE LIABLE TO YOU FOR (i) ANY LOSSES OR DAMAGES ARISING FROM YOUR ACTIONS OR OMISSIONS OR BREACH OF THESE TERMS OF USE; (ii) WHICH ARISE AS A RESULT OF A THIRD PARTY’S ACTS OR OMISSIONS OR ANY OTHER ACTS OR OMISSIONS BEYOND OUR CONTROL; OR (iii) FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO FINANCIAL LOSS, LOST PROFITS, LOSS OF OPPORTUNITY OR DAMAGE TO REPUTATION. Nothing in these Terms of Use shall limit either Triangle Factory’s or your liability for death, personal injury, fraud or fraudulent misrepresentation or any category of liability that cannot be limited by law.

You agree to indemnify, defend and hold Triangle Factory, its respective officers, directors, employees and agents harmless from and against any and all third-party claims, liabilities, lawsuits, governmental action, or losses suffered or incurred (including reasonable attorney’s fees) arising out of or as a result of your use of the Hyper Dash Website or Hyper Dash Products including without limitation your violation of these Terms of Use or any applicable law or regulation.

MISCELLANEOUS
These Terms of Use can be terminated by you or by Triangle Factory. Triangle Factory can terminate these Terms of Use (in whole or in part) with immediate effect if it believes you have violated these Terms of Use or if it no longer offers the relevant services. It can also terminate these Terms of Use by giving you reasonable notice. You may terminate these Terms of Use at any time. If these Terms of Use are terminated or expire, you will no longer be able to make use of the Hyper Dash Website and/or Hyper Dash Products and your license under these Terms of Use shall be revoked with immediate effect. Any provisions of these Terms of Use that are by their nature intended to survive termination or expiration of the Terms of Use, shall survive termination or expiration.
These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, written or oral.
Triangle Factory can assign its obligations under these Terms of Use, in whole or in part, at any time without notice to you. You may not assign or transfer any rights or obligations under these Terms of Use to a third party.
Neither party shall be held liable or responsible to the other party nor be deemed to have defaulted under or breached these Terms of Use for failure or delay in fulfilling or performing any obligations under these Terms of Use to the extent, and for so long as, such failure or delay is caused by or results from causes beyond the reasonable control of the affected party (including but not limited to fire, floods, embargoes, war, acts of war, terrorism, riots, civil commotions, strikes, lockouts, acts of God or acts, omissions or delays in acting by any governmental authority or the other party).
APPLICABLE LAW AND JURISDICTION
These Terms of Use shall be governed by the laws of Belgium, with the exclusion of its conflict of laws provisions. Any conflict arising out of or as a result of the use of the Hyper Dash Website and Hyper Dash Products, including these Terms of Use, the privacy policy and cookie policy, shall be exclusively submitted to the competent courts of Ghent, Belgium.

AMENDMENTS TO THESE TERMS OF USE
Triangle Factory is continually looking for ways to improve its services and products. Therefore, updates to these Terms of Use may be needed from time to time. Triangle Factory reserves the right to amend these terms at any time. Modifications to these Terms of Use shall apply as of the date that the new Terms of Use are published on this page. Therefore, we ask you to consult these Terms of Use on a regular basis and prior to any use of the Hyper Dash Website and Hyper Dash Products. We will try to notify you (if possible) of any material changes to these Terms of Use. If you do not agree to the changes of these Terms of Use, we ask you to refrain from further using the Hyper Dash Website and Hyper Dash Products.

CONTACT US
Should you have any questions regarding the Terms of Use, the Hyper Dash Website or the Hyper Dash Products, you can contact us at any time by postal mail at Gebroeders Vandeveldestraat 107, 9000 Ghent, Belgium or by e-mail at [email protected].

Last update: 23/02/2021

1. ABOUT THIS PRIVACY POLICY

1.1 Introduction

When you visit the Hyper Dash website (“Hyper Dash Website”) or when you make use of the Hyper Dash products, software, virtual/augmented reality application or mobile application (“Hyper Dash Products”), Triangle Factory bv (“Triangle Factory”, “we”), who is the owner of this Hyper Dash Website and the developer of the Hyper Dash Products, collects, stores, and uses your personal information. This privacy policy sets out which personal information we collect from you, for which purposes, how we use your personal information and what measures we take to protect it.

Triangle Factory is committed to protecting your privacy and personal data and would like to be as transparent as possible in explaining how it processes your personal information. Therefore, we have tried to keep this policy as simple as possible, and we advise you to take the time to read it thoroughly. We will not process your personal data beyond what is set out in this privacy policy.

1.2 Who does this privacy policy apply to?

This privacy policy applies to every user of the Hyper Dash Website and the Hyper Dash Products (“you”, “data subject”). This privacy policy only applies to our Hyper Dash and Hyper Universe related products and services and not to the other products, websites and services offered by Triangle Factory. If you would like to receive more information on how Triangle Factory manages your personal data when you use our other products, websites and services, please visit http://privacy.triangle-factory.be.

1.3 Who is responsible for personal data processed in accordance with this privacy policy?

Triangle Factory bv, a private limited liability company headquartered at Gebroeders Vandeveldestraat 107, 9000 Ghent, Belgium and registered under company number BE0822.717.673 is the controller of the personal data that is collected and processed when making use of the Hyper Dash Website and Hyper Dash Products. If you have any questions or concerns about this privacy policy, please contact us by making use of the aforementioned address or send us an e-mail via the following e-mail address: [email protected].

1.4 Updates to this privacy policy

Triangle Factory can revise this privacy policy at any time, for example, in the context of changes to our Hyper Dash Website or Hyper Dash Products, regulatory updates or feedback from our users. The adapted conditions apply from the moment they are published on this page, so we advise you to regularly visit this page for the latest information on our privacy practices. If any significant changes are made to this privacy policy, we will notify you personally when possible, and if the processing of personal data is based on your consent, request your permission.

2. WHICH PERSONAL DATA DO WE COLLECT?

When you use the Hyper Dash Website or the Hyper Dash Products, we collect the following personal information from you:

Identification, contact and location information such as your name, e-mail address, address, user name, avatar and user ID;
Information about your professional qualifications and/or academic background (should you contact us with an application for employment);
Information about how you interact with our Hyper Dash Website and Hyper Dash Products such as information regarding the length and frequency of use, crash reports, popular items and features and your achievements; and
Information associated with the device you use when making use of the Hyper Dash Website or Hyper Dash Products such as IP address, brand, type, operating system, hardware information and screen resolution.
3. HOW DO WE COLLECT YOUR PERSONAL DATA?

3.1 You provide us with your personal data by submitting a contact form, registering, creating an account, a profile or an avatar

When you make use of our Hyper Dash Website or Hyper Dash Products, it is possible that you create an account, profile, or avatar. You can also contact us by e-mail or through our contact form on the Hyper Dash Website. When you choose to do so, we may sometimes ask you to provide certain personal data, such as your e-mail address, name, date of birth, sex and/or postal code. After registration, we can also request additional information that can help us provide more customized services.

3.2 We receive your personal data from third parties

If you log into the Hyper Dash Products using a social media account or make use of the social networking functions present in the game, you grant permission for the social networking website to share certain, clearly identified personal data with us. Usually, this includes the basic data associated with your profile on the social networking website (name, e-mail address, date of birth, postal code, and sex). Furthermore, it can also include certain data related to your behaviour on the social networking website, such as likes, for example. This can only include personal data that you have shared publicly on the social networking website, and only to the extent to which your personal settings on the social networking website allow. If you do not wish such information to be shared, we advise you to adjust your settings on the relevant social networking website.

Furthermore, we also receive information from other reliable sources, including both online and offline data providers. Triangle Factory shall only do so insofar as this data was collected by the third party legally and insofar as it can be shared with us legally. If necessary, Triangle Factory will also request your explicit permission to use this data.

Further, in order to analyse the Hyper Dash Website and Hyper Dash Products and improve our products, we make use of analytics tools and third parties, who help us get a better understanding of the use of our Hyper Dash Website and Hyper Dash Products. These third parties may collect information, for example by using applications that you have installed, mobile websites you have visited.

Lastly, when you are making use of our Hyper Dash Products via a platform provider such as Oculus, Steam, Viveport…, these platform providers share certain personal data about you and your activities on the platform with us. We advise you to review the privacy policies of these platform providers to get a better insight in which information these platforms collect and share with their partners.

3.3 Personal data is collected automatically when making use of the Hyper Dash Website and Hyper Dash Products

Regardless of whether you register, create an account, a profile or an avatar, we collect user information when you make use of the Hyper Dash Website and Hyper Dash Products. This may include, but is not limited to, information regarding the length and frequency of use, crash reports, popular items and features, your achievements… We use this information to improve the performance of our Hyper Dash Website and Hyper Dash Products, adapt it based on your requirements and interests, and better understand how our products are being used.

3.4 Other sources

Our Hyper Dash Website and Hyper Dash Products are dynamic and innovative operating tools, which means that we are constantly looking for ways to serve you better and meet your personal needs. This can also mean that new applications are added that cause us to collect and process your data differently. We will always communicate about this as transparently as possible in this privacy policy.

4. WHY DO WE COLLECT YOUR PERSONAL DATA?

We collect personal data in order to offer and improve our products and to provide better services to our users. More in particular, we collect and process personal data for the following purposes:

4.1 To make the Hyper Dash Website and Hyper Dash Products available to you

We use your personal data for the provision and maintenance of our services. For example, when making use of our Hyper Dash Products, we use the user name you have provided to keep your scores and identify you amongst other users. We also use your personal data to notify you when there are changes to or planned maintenance of our Hyper Dash Website and Hyper Dash Products or to process your feedback. Your personal data is likewise processed to receive and answer any queries you may have about the Hyper Dash Website and Hyper Dash Products.

4.2 To recognize you as a user

When you use a profile or account to log in to our services, we apply technology that recognizes you as a registered user and immediately grants access to the relevant service. This means that you don’t need to provide your log-in information every time you visit the relevant Hyper Dash online service(s) or wish to take part in interactive features of our services, like contests, for example.

4.3 To analyse and improve the Hyper Dash Website and Hyper Dash Products

We use personal data to understand which Hyper Dash Website or Hyper Dash Products features and items are most popular among our users. To understand the preferences of our users better, we may also invite you to take part in a survey. We do this to continually improve our Hyper Dash Website and Hyper Dash Products and develop new products and services, to make our offer as suitable as possible for our users.

4.4 To personalize the Hyper Dash Website and Hyper Dash Products to you

Triangle Factory strives to make its Hyper Dash Website and Hyper Dash Products as relevant as possible for every user. By using personal data that indicates what a user is likely interested in, Triangle Factory can work towards the provision of more personalized services. That way, Triangle Factory could, for example, recommend content that matches your profile.

4.5 To stay apprised of new products and services

Triangle Factory can use your contact details and other data collected to inform you of news, upcoming activities or events, promotions, new services, and so forth. We will only do this if you have granted permission for us to do so. You can opt out of this type of communication at any time. To do so, you can use the “unsubscribe” link that you see at the bottom of all of our electronic communications.

4.6 To prevent and detect abuse or fraud

We can also use personal data to prevent, detect and investigate illegal or suspected illegal activity, such as fraud (for example, with payment methods), and adherence to our Terms of Use , in the interests of both Triangle Factory and our users.

5. ON WHAT LEGAL BASIS DO WE PROCESS YOUR PERSONAL DATA?

5.1 Necessary for the conclusion and performance of a contract with you

Some of the personal data that we collect (e.g. platform account, username, unique identifier) are necessary to be able to make use of the Hyper Dash Products. We process the personal data that fall within this category in order to perform the agreement we have with you.

5.2 Based on our legitimate interests of those of third parties

Sometimes, we process your personal data based on our legitimate interests, for example, our legitimate interests in ensuring the integrity, safety and functionality of our Hyper Dash Website and Hyper Dash Products. The legitimate interests that we pursue include also those of third parties, such as platform providers, in order for these platform providers to receive information on the behaviour of users on their platforms. If we process your personal data based on our legitimate interests of those of a third party, we have made sure that your fundamental rights and freedoms are not compromised by pursuing these legitimate interests, in particular, when you are a minor.

5.3 Based on a legal obligation

We also process personal data if the law requires us to do so, for example, to detect fraud or illegal activity.

5.4 Based on your consent

We ask your consent before placing cookies that are not strictly necessary for the functioning of the Hyper Dash Website (e.g. for analytics or third-party cookies). We also ask your consent in order to send you promotional updates about the Hyper Dash Products or for Hyper Dash Products functions that interact with your device. Whenever the processing of your personal data is based on your consent, you may opt out at any time.

6. WHO ARE THE RECIPIENTS OF MY PERSONAL DATA?

Triangle Factory shares your personal data with its partners, financial and other advisors and service providers in order to provide and optimize the Hyper Dash Website and Hyper Dash Products. We will never sell your personal data or share your personal data with third parties if we have no legal grounds to do so. In particular, we share your personal data with the following categories of recipients:

6.1 Triangle Factory suppliers

In order to offer you the Hyper Dash Website and Hyper Dash Products, we call on a number of independent companies and service providers. Such third parties aid us, for example, in securing our infrastructure and IT services, carrying out payment transactions through our services, conducting surveys… It is possible that such suppliers gain access to your personal data in the context of their work for Triangle Factory. Triangle Factory only allows this to extent that access is necessary for carrying out the work that such suppliers perform for Triangle Factory and only insofar as the suppliers provide the necessary assurances regarding access and potential use of your personal data and information.

6.2 Social media networks

Certain Triangle Factory online services integrate social media “buttons” that interact with social media networking websites such as Facebook, Twitter, Instagram… These buttons allow you to share information about your achievements on these platforms. The buttons are provided and managed by the social media websites. If you wish to receive more information on how your personal data is shared when making use of such button, we advise you to read the privacy policies of the relevant social media network.

6.3 Authorities

In certain circumstances, we will be required to share your data with the authorities. We may, for example, do so in order to satisfy the law or a court order, to detect and address fraud, or to protect Triangle Factory’s rights.

6.4 Other users

When you are making use of the Hyper Dash Products, certain personal data, such as your user name, will be visible to the other users playing in the game server (up to 10 players).

7. WILL MY DATA BE TRANSFERRED OUTSIDE OF THE EEA?

Some of the recipients named above are located outside the European Economic Area. If we transfer your personal data to parties outside the EEA, we will make sure that such transfer is accompanied by appropriate safeguards to ensure your personal data is adequately protected.

8. HOW IS YOUR DATA SECURED?

It is important to Triangle Factory that your data is handled securely. Therefore, we make use of various security technologies and measures, to suitably protect your data against unauthorized access, use, loss or publication. Unfortunately, the exchange of information over the Internet is never 100% secure. Although we do our best to guarantee that your data remains secure, we cannot guarantee this absolutely.

9. HOW LONG IS YOUR DATA RETAINED?

We will retain your personal data for as long as is needed to pursue the purposes as set out in this privacy policy. For example, Triangle Factory will store your personal data for as long as it has an ongoing relationship with you or for as long as needed to ensure compliance with its legal or contractual obligations.

10. HOW CAN YOU MANAGE YOUR DATA?

You, as a data subject, have certain rights with regard to your personal data. You can consult the personal data that Triangle Factory collects about you at any time, and correct any incomplete or incorrect information about you. You can request data portability, erasure and object to the processing of your personal data. You also have the right not to be subject to profiling or automated decision-making.

Some of these rights can be exercised by making use of the relevant features on the Hyper Dash Website or the Hyper Dash Products. If you are unsure how to exercise your rights or you have a request that is not covered on the Hyper Dash Website or the Hyper Dash Products, you can contact Triangle Factory in writing by sending your request to Gebroeders Vandeveldestraat 107, 9000 Ghent, Belgium, for the attention of legal department or by sending an e-mail to [email protected]. If you want to exercise your rights, we ask that you be as specific as possible, so that we can address your request thoroughly and appropriately. We also remind you that we must be able to reasonably verify your identity in order for you to exercise your rights, so that we can prevent someone else doing so in your name.

You also have the right to lodge a complaint with a supervisory authority. The contact details of the Belgian data protection authority can be found on https://www.dataprotectionauthority.be/citizen or you can contact the supervisory authority in the country where you live.