Last revised: April 18, 2018
We reserve the right to change the provisions of this Policy at any time. We will alert you that changes have been made by indicating on the Policy the date it was revised. We encourage you to review this Policy from time to time to make sure that you understand how any personal information you provide will be used. Your continued use of the Services following the posting of changes to these terms will mean you accept those changes.
TABLE OF CONTENTS
- What is Personal Information?
- What types of Personal Information do we collect about our Users?
- How is Personal Information used and shared?
- Do we share Personal Information with third parties?
- What choices do you have about the collection, use, and sharing of Personal Information?
- Does Exuberant Games collect information from children under the age of 13?
- What kinds of security measures do we take to safeguard Personal Information?
- How long does Exuberant Games use my Personal Information?
- Does this Policy apply to other sites linked to the Services?
- How can you access and update your Personal Information and account profile?
- How can you ask questions or send comments about this Policy?
1. What is Personal Information?
As used herein, the term “personal information” means information that specifically identifies any individual ( including without limitation, name, date of birth, address, telephone/mobile number, e-mail address, or payment/billing information), and any other information that is required by applicable law to be treated as Personal Information (“Personal Information“).
Personal Information does not include “aggregate” or “anonymized” information”, which is data we collect about a User’s, or group or category of Users’, use of the Services and/or other sites or services (including without limitation, demographic or preference information) from which individual identities or other Personal Information has been removed. Please note, if Exuberant Games combines this information with Personal Information, Exuberant Games will treat this information as Personal Information pursuant to this Policy.
2. What types of Personal Information do we collect about our Users?
We collect Personal Information about our Users in a number of ways when you visit or use the Services:
Active Collection: We collect certain information from you when you provide it, such as if you:
- Create a Exuberant Games website or game account;
- Apply for a beta tester position;
- Subscribe to one of our newsletters or other promotional content;
- Participate in our community forums or chat rooms;
- Create a public profile;
- Shop at one of our online stores or purchase virtual items within a Exuberant Games’ game;
- Receive customer or technical support;
- Participate in contests, events, or promotions;
- Register product online for warranty protection; and
- Polls, surveys, or questionnaires.
Typically, the Personal Information collected includes: name; email address; telephone number; shipping and billing address; date of birth, and payment information for those purchasing products through the Services. Additionally, we may also collect demographic information such as your age, gender, country and zip code of residence, other geo-locational information, recent game purchases, and game ownership and preferences. This demographic information may be associated with your Personal Information. If this demographic information is connected with Personal Information, we will treat the demographic information as Personal Information.
Passive Collection: Furthermore, Exuberant Games may collect information regarding your behavior to better adapt our products and Services to your interests and to provide a better quality of Services. Exuberant Games may on its own, or with the help of third party analytics tools, collect information concerning your and other Users’ gaming habits, hardware and use of our products and Services. The information collected may contain the following, without limitation: device unique identity, including console, mobile, tablet and console unique identifier or other device identifiers and settings, internet provider, carrier, operating system, hardware information, localization information, date and time spent on the Services, game scores, game metrics and statistics, feature usage, advertising conversion rates, monetization rate, purchase history and other similar information. Standing alone, this information may not be Personal Information; however, if Exuberant Games combines any of this information with Personal Information, Exuberant Games will treat this information as Personal Information pursuant to this Policy.
Exuberant Games makes its best efforts to (a) provide you with the list of partners whose cookies and other analytic tools are used in our Services, (b) links to these partners’ own privacy policies according to which their tools and technologies are used, and (c) when available, to provide you with a link to allow you to opt-out from these partners’ services. To that end, you will find such non-exhaustive list here: https://legal.ExuberantGames.com/cookies/.
Third Parties: We may obtain certain information about you from third parties, including Personal Information. Please note: Exuberant Games is not responsible for the privacy and security practices and policies of such third parties.
Transfer of Personal Information: Your Personal Information may be processed by teams working for Exuberant Games or one of its subcontractors outside of the United States and will be accessible to employees and agents of Exuberant Games subsidiaries and/or subcontractors.
3. How is Personal Information used and shared?
We don’t require Personal Information to access our Services. However, if you prefer not to disclose Personal Information, to the extent permitted by applicable law, you will not be able to register and/or enjoy certain features of our Services. We use Personal Information we collect through the Services for the purposes described in this Policy.
- To provide the Services, products or information you request and to process and complete any transactions in connection therewith;
- To monitor and analyze the Services usage and trends and otherwise measure the effectiveness of the Services or request feedback from you about the Services;
- To send you confirmations, updates, security alerts, and support and administrative messages, to detect and prevent fraud, and to otherwise facilitate your use of, and our administration and operation of, the Services;
- To conduct surveys contests and sweepstakes;
- To operate the Services, including, without limitation, payment processing, and products delivery ; and
- To personalize and improve the Services and Users’ experiences, to increase the functionality and User friendliness of the Services, to deliver advertisements, newsletters, coupons, promotions, rewards, awards or other content, or features that match User profiles or interests on the Services, and to provide recommendations as to other advertisements, content or features that may be of interest to Users on the Services;
- To provide you with news and information about our third party events, activities, offers, promotions, products, and services we think will be of interest to you;
- For any other purpose as described in this Policy or for which we notified you the information will be collected, used and shared and received your consent.
4. Do we share Personal Information with third parties?
We will only share the Personal Information we collect from you through the Services with third parties as described in this Policy or otherwise as detailed at the time of collection. For example, we may share Personal Information as follows:
- With vendors, consultants, and/or other service providers (“Service Providers“) who are engaged by or working with us in connection with the operation of the Services and/or the promotion of Exuberant Games products and who need access to such information to carry out their work;
- With other Users of the Services as described herein; and
- With promotional partners to send you coupons, promotions, rewards, awards and advertisements you request.
To the extent that third parties have access to your Personal Information, whenever possible, we will request that they will follow practices that are at least as restrictive as the practices described in this Policy;
We will also use and share information, including Personal Information, for the purposes specifically described below:
Custom Content: We may share the Personal Information collected by us pursuant to this Policy with promotional partners to display customized content on our Services or third party sites that we think will be of interest to you. To opt out of this type of sharing of Personal Information by Exuberant Games, please update your settings in your Exuberant Games account, as further described below in “Custom Content Opt-Out“.
Public Profile: Exuberant Games sites may offer a public profile feature (“Public Profile“) that allows you to publish information, including Personal Information, to the public Internet. Other than as stated on the applicable public profile site, the information you upload or input to your Public Profile will default to the privacy level you choose at sign-in, and you can choose to change the privacy settings at any time. Those aspects of the Public Profile that are designated as “public” will be visible by everyone, including people off the Exuberant Games environment, and may be indexed and displayed through public search engines when someone searches for you. If you post your Personal Information to a Public Profile, including a video, image or photo, you should be aware that these may be viewed, collected, copied and/or used by other Users without your consent, and there is no expectation of privacy or confidentiality there. We are not responsible for disclosure by other Users of your Personal Information, including without limitation, videos, images or photos that you choose to submit to Exuberant Games’ sites. Also, please remember that the Personal Information you provide to us as part of your Public Profile may reveal or allow others to identify aspects of your life that you may not choose to state on your Public Profile directly (for example, your picture may reveal your gender).
Friend Finder tools: By using friend finder tools, you acknowledge that use of these tools will help you find your contacts and will also allow your Exuberant Games accounts (and related gaming entitlements, including games played on PC, mobile and console platforms) with your social networking profile and/or email address. Your resulting friends’ list, which may be accessible across Exuberant Games sites, will be subject to this Policy. Note that the friends that you choose to include on any friends’ list may be able to find and/or identify you in the context of different Exuberant Games products and Services, and may see the profiles and information you have made visible to them or to everyone. Similarly, Exuberant Games may also collect or receive information about you from other Users who choose to upload their email and other contacts. This information will be stored by us and used primarily to help you and your friends connect.
Console Accounts/ Social Networks : By playing an Exuberant Games game through a social network or other third party platform or service, or by connecting to a third party account, network, platform or service via one of our products and/or Services, you are authorizing Exuberant Games to (1) collect, store, and use, in accordance with this Policy, any and all information that you agreed that the console manufacturer, social network or other third party platform could provide to Exuberant Games based on your settings on your console account, the third party social network or platform and (2) share any and all of your Personal Information with the console manufacturer, social network or other third party platform, through the third party platform’s Application Programming Interface (API). Your agreement to this takes place when you connect with the third party network, platform or service via our products and/or services, and/or when you connect with, “accept” or “allow” (or similar terms) one of our applications through the third party platform or service.
Online Events and Promotions: Your participation in online events and promotions may be conditional upon Exuberant Games’ collection, use, storage, transmission and public display of statistical data (such as your scores, rankings and achievements) generated through your participation. This statistical data may include your Personal Information.
Business Information: For practical reasons, we treat Personal Information submitted to us in a business capacity different from information we receive in a non-business capacity. Personal Information submitted to us in a business capacity (e.g. resumes) may be shared with third parties as described at the time of collection
Purchase or Sale of Businesses: From time to time, we may purchase a business or sell one or more of our businesses and your Personal Information may be transferred as a part of the purchase or sale. If we purchase a business, the Personal Information received with that business would be treated in accordance with this Policy, if it is practicable and permissible to do so. If we sell a business, whenever possible, we will include provisions in the selling contract requiring the purchaser to treat your Personal Information in the same manner required by this Policy. The provisions of this paragraph will also apply if we are sold as part of bankruptcy proceedings.
You understand that when you use the Services, any information you post in any interactive areas of the Services, as well as any information you share with individuals through public or private groups or forums, as well as any information you share with individuals through the Services or through social network sites or other social feeds, will be available to other Users and in some cases may be publicly available. We recommend you be cautious about giving out Personal Information to others or sharing Personal Information in public or private online forums. Except to the extent required by applicable law, we are not responsible for the actions of third party service providers or other third parties, nor are we responsible for any additional information you provide directly to any third parties. Therefore, we encourage you to become familiar with their privacy practices before disclosing information directly to any such third parties.
5. What choices do you have about the collection, use, and sharing of your Personal Information?
As mentioned above, you have choices as to how we use the Personal Information you submit to us:
Promotional E-mails: Once you register to our Services and/or purchase one of our products, Exuberant Games will send you promotional communications about its own products and Services that you may be interested in. If you do not wish to receive promotional e-mails from Exuberant Games, please follow one of these two options: (a) when you receive a promotional e-mail from us, it will contain a link or other instruction that allows you to stop the delivery of such messages from us and/or (2) contact us at http://support.ExuberantGames.com or privacy@ExuberantGames.com with your request. If you decide to opt-out of receiving promotional e-mails, you will no longer receive special offers, valuable coupons, new product introductions or e-newsletters from Exuberant Games. However, you will continue to receive non-promotional communications from us, such as order confirmations and/or important notifications about the Services and or your account(s). Your opt-out request will be processed within thirty (30) days of the date of which we receive it.
Opt-Out of Custom Content: We may work with trusted marketing partners to bring you more useful and interesting content on our Services and on third party sites and services. The list of such trusted marketing partners is available at legal.ExuberantGames.com/active-sharing/. We may do this by sharing or matching the Personal Information you have provided us on the Services with the information (which may include Personal Information) you have provided third party marketing partners. If you do not want Exuberant Games to match your Personal Information with trusted partners to tailor ads or other custom content for you on our Services and/or third party sites, you can uncheck the box next to “Share my information with select third parties” in your Exuberant Games account settings at any time. When you uncheck this box, Exuberant Games will no longer share your Personal Information with partners to tailor ads or other custom content for you following the date of your request.
Please note that opting-out from the Custom Content will not change the behavior of third parties collecting information on the Services. Please note that opting-out from the Custom Content will not change the behavior of third parties collecting information on the Services. For more information as to how to opt-out of third party collection please go to: https://legal.ExuberantGames.com/cookies/.
Do not Track: Exuberant Games does not respond to Do Not Track (DNT) settings in your browser.
6. Does Exuberant Games collect information from children under the age of 13?
Unless stated specifically to the contrary on the applicable Exuberant Games site, Exuberant Games’ Services are not intended for children under 13 (“Child” or “Children”) and Exuberant Games will not request any Personal Information from Children. Therefore, Exuberant Games restricts access to certain Services on age grounds. In certain jurisdictions, for certain Services and functions, Exuberant Games may allow a Child to register for certain Services with parental approval.
When Children are permitted to register for a Service with parental approval, we will take additional steps to protect the Children’s privacy, including:
- Notifying parents about our information practices with regard to Children, including the types of Personal Information we may collect from Children, the uses to which we may put that information, and whether and with whom we may share that information
- In accordance with applicable law, obtaining consent from parents for the collection and use of Personal Information from their Children
- Limiting our collection of Personal Information from Children to no more than is reasonably necessary to participate in an online activity
- Giving parents access or the ability to request access to Personal Information we have collected from their Children and the ability to request that the Personal Information be changed or deleted
More specifically, when a Child registers, (s)he must supply the e-mail address, and/or other contact information of a parent or legal guardian who will be contacted by Exuberant Games to ask him/her to confirm, refuse to modify his/her Child’s registration. The parent/legal guardian may be asked to provide additional documentation or perform additional actions as part of the approval process as consistent with applicable law. Exuberant Games reserves the right to refuse access to the Service pending confirmation and activation by his/her parent or guardian. Exuberant Games reserves the right to ask for written proof of parental consent for any User or potential User of the services suspected to be a Child. Parental consent applies exclusively to the specific service for which it has been granted.
Certain Services are specifically designed for Children and enable Children to create their own free accounts for which Exuberant Games collects their username or other identifier, password, date of birth (or age), photo, video, voice recording, country, zip code or other geo-locational information, and parent or guardian’s e-mail address and/or other parent or guardian contact information. Such Services sometimes offer the possibility of paying for a subscription or certain game functions which enable Children to participate in more activities on the Services by making a payment. The subscription services may also allow parents or guardians to manage their Child’s account and create their own player accounts.
Certain Services enable Children to create personalized avatars which they can use in numerous activities in the services, including mini-games and virtual worlds. Children may also use other functions of the Services such as “Recommend to a friend” to invite a friend to find out about the Services. The “Recommend to a friend” functions enable Children to send their friends a single message inviting them to visit the related service. Exuberant Games will collect the first name and e-mail address of your Child (or, failing that, the e-mail address of the parent or guardian) and the e-mail address of his/her friend for the sole purpose of sending a single message. This information is neither stored nor used for any other purpose and we do not reveal your child’s e-mail address to the recipient.
Parents may delete their Child’s account or change their Child’s privacy settings at any time by sending an e-mail to the administrator of the Policy, who is identified below. The deletion request will be processed within thirty (30) days of the date of which we receive it.
In all cases, use of the Services by Children must take place under the responsibility of their parents or legal guardians and any use of the Services is assumed to have been validated by them. AS FAR AS IS PERMITTED BY APPLICABLE LEGISLATION, Exuberant Games DECLINES ANY RESPONSIBILITY REGARDING ANY ACTIVITIES WHICH MAY BE CONDUCTED BY CHILDREN WITHOUT THE PERMISSION OF THEIR PARENTS OR LEGAL GUARDIANS.
IF YOU ARE A PARENT OR LEGAL GUARDIAN AND YOU GIVE YOUR PERMISSION FOR YOUR CHILD TO REGISTER FOR ONE OR OTHER OF THE SERVICES, YOU THEREBY AGREE TO THE TERMS RELATING TO USE OF THE SERVICES BY YOUR CHILD.
7. What kinds of security measures do we take to safeguard Personal Information?
The security and confidentiality of your Personal Information is extremely important to us. We use robust security measures to protect Personal Information from loss, misuse and alteration. We use industry-standard practices such as encrypted communications, physically secured rooms, firewalls and password protection systems to safeguard the confidentiality of your Personal Information. From time to time, we review our security procedures to consider appropriate new technology and methods. However, please understand that, despite our best efforts, no security measure is perfect or impenetrable. Please note, we will notify Users of a data breach pursuant to applicable law.
To protect the confidentiality of Personal Information maintained in your account, you must keep your password confidential and not disclose it to any other person. You are responsible for all uses of the Services by any person using your password. Please advise us immediately if you believe your password has been misused.
DESPITE OUR REASONABLE EFFORTS TO KEEP YOUR PERSONAL INFORMATION SECURE, NO COMPANY CAN GUARANTEE THE SECURITY AND PRIVACY OF ITS SERVICES, INFORMATION AND OTHER DATA. OUR PRIVACY POLICIES AND PROCEDURES ARE “AS IS” AND Exuberant Games MAKES NO REPRESENTATIONS AS TO THE FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY.
8. How long does Exuberant Games use my Personal Information?
Unless a different use/storage period is required by applicable laws and regulations, Exuberant Games will use and store your Personal Information for a length of time necessary for the uses explained in this Policy.
9. Does this Policy apply to other sites linked to the Services?
10. How can you access and update your Personal Information and account profile?
You can access and update the contact information you gave us during registration (that is, your e-mail address or any other information that would directly enable us to contact you), by logging in and clicking the Edit Profile section, or contacting us at privacy@ExuberantGames.com. You may be required to provide additional information in order for us to verify your request. Your request will be processed within thirty (30) days of the date of which we receive it.
Users under 18. If you are under 18 (eighteen) years old and desire that your information you have posted to a Exuberant Games public facing site be removed from such site, please contact us at https://support.ExuberantGames.com or at privacy@ExuberantGames.com. You may be required to provide additional information in order for us to verify your request.
12. How can you ask questions or send comments about this Policy?
If you have questions or wish to send us comments about this Policy, please send an e-mail with your questions or comments to privacy@ExuberantGames.com or write us at the address below:
Exuberant Games, LLC. Attn: Privacy Rights Administrator c/o Legal Department
PO Box 1154 Amherst, OH 44001, USA
Please be assured that any Personal Information that you provide in communications to the above email and postal mail addresses will not be used to send you promotional materials, unless you request it.
Last Updated: April 18, 2018