PRIVACY POLICY

PRIVACY POLICY

Effective April 13, 2020

INTRODUCTION

This Privacy Policy describes how Illfonic, LLC (“Illfonic,” “we,” “us” or “our”) collects, uses, and shares information about you. It applies to your use of any online service location that posts a link to this Privacy Policy and all features, content, and other services that we own, control and make available through such online service location (collectively, the “Services”). It also details the rights and choices you have regarding the use and disclosure of information about you collected through the Services.

By using the Services, you consent to Illfonic’s collection, use, storage, deletion, transfer to the United States, and disclosure of information relating to you as set forth in this Privacy Policy. This Privacy Policy is effective as of the date set forth above and is only applicable to the Services and not to any other websites or online service locations that you may be able to access from the Services which may have their own data collection and use practices and policies. If you do not agree and consent, discontinue use of the Services.

If you have any questions or wish to exercise your rights and choices, please contact us as set out in the “Contact Us” section below. If you are a Nevada resident, California resident, or data subject in Europe, please see the additional disclosures at the end of this Privacy Policy.

INFORMATION WE COLLECT

Information You Provide

We collect information you provide directly when you use the Services. For example, we collect information when you subscribe to our newsletter; participate in questionnaires, surveys, contests, sweepstakes, or other promotions; receive customer or technical support; play our games, provide us feedback or otherwise communicate or transact with us through the Services. The categories of information we collect, and have collected in the past 12 months, include:

  • Contact Data, including and your first name, email address, phone number, and postal address.
  • Job Applicant Data, including your employment and education history, transcript, writing samples, and references as necessary to consider your job application for open positions.

You may choose to voluntarily submit certain other information to us through the Services that we do not request. You are solely responsible for your own information in instances where we have not requested that you submit such information to us.

We may use information that does not identify you (including information that has been aggregated or de-identified) for any purpose except as prohibited by applicable law. For your information on your rights and choices regarding how we use information about you, please see the “Your Rights and Choices” section below.

Information We Collect Automatically

In addition, we automatically collect certain information whenever you visit or interact with the Services. The categories of information we automatically collect, and have collected in the past 12 months, include IP address and other device identifiers, browser type, operating system, domain names, access times, crash reports and logs, and other information about your use of the Services.

This information may be stored or accessed using a variety of technologies that may be downloaded to your personal computer, browser, laptop, tablet, mobile phone or other device whenever you visit or interact with the Services. The types of tracking technologies that we use to automatically collect information include:

  • Log Files: Log files may record and store events that occur in connection with your use of the Services.
  • Cookies: Cookies are small data files that a website sends to a visitor’s browser and are stored on the visitor’s device. Like many websites, we employ cookies in certain areas of the Services. Cookies allow us to provide information, to make your online experience more convenient, and to enhance your experience with the Services. We use two types of cookies: session cookies and persistent cookies. Session cookies make it easier for you to navigate our website and expire when you close your browser. Persistent cookies help with personalizing your experience, remembering your preferences, and supporting security features. A user may be able to configure his or her web browsers to accept or reject or delete the cookies, or notify the user when a cookie is being set, as further discussed in “Your Rights and Choices” below.
  • Web Beacons: We employ tracking utility software technology called web beacons or clear gifs, that help us better manage content on our Services by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of users. In contrast to cookies, which are stored on a user’s device, clear gifs are embedded invisibly on web pages and are about the size of the period at the end of this sentence. In short, clear gifs enable two websites to share information with one another. We may incorporate both web beacons and tracking pixels (discussed below) from separate entities that allow us to track our conversions and provide you with additional functionality.
  • Tracking Pixel: A tracking “pixel” is a transparent graphic image (usually 1 pixel x 1 pixel) that is placed on a web page and allows for the collection of information regarding the use of the web page that contains the tracking pixel.

For further information on tracking technologies and your choices regarding them, please see “Analytics and Advertising” and “Your Rights and Choices” below.

Information from Other Sources

We collect information about you from other sources. The categories of sources from which we collect information, and have collected from in the past 12 months, include:

  • Social networks with which you interact.
  • Business Partners that offer co-branded services, sell or distribute our products, facilitate promotions, or engage in joint marketing activities. For example, we collect information such as your hashed player ID when you play our games via partner platforms (such as Steam or PlayStation). You should review the privacy policies and privacy settings of any partner platforms you use for information on their data practices and your choices for managing the information they send to us. We are not responsible for the data practices of our business partners.
  • Publicly-available sources, including data in the public domain.

HOW WE USE YOUR INFORMATION

We collect and use your information for business and commercial purposes in accordance with the practices described in this Privacy Policy. Our business purposes for collecting and using information, and for which we have collected and used information in the past 12 months, include:

  • to operate and manage our Services;
  • to respond to your requests or send you technical notices, updates, security alerts, information regarding changes to the Services and/or any of the Services’ policies, and support administrative messages;
  • to prevent and address fraud, breach of policies or terms, and threats or harm;
  • to monitor and analyze trends, usage, and activities;
  • to conduct research, including focus groups and surveys;
  • to improve the Services or create new offerings, to customize your experience on the Services, or to serve you specific content that is relevant to you;
  • to develop and send you marketing messages including, newsletters, promotions, updates, special offers, and email communications about our products or services (for information about how to manage these communications and marketing efforts, please see “Your Rights and Choices” below);
  • for internal business purposes;
  • to fulfil any other purpose at your direction;
  • with notice to you and your consent; and
  • for purposes disclosed at the time you provide your information or as otherwise set forth in or as permitted by this Privacy Policy.

Notwithstanding the above, we may use information that does not identify you (including information that has been aggregated or de-identified) for any purpose except as prohibited by applicable law. For information on your rights and choices regarding how we use information about you, please see the “Your Rights and Choices” section below.

HOW WE SHARE YOUR INFORMATION

We share the information we collect in accordance with the practices described in this Privacy Policy. The categories of parties with whom we share information, and have shared information in the past 12 months, include:

  • Service Providers. We share information with our service providers that process information on our behalf. Service providers assist us with operating or hosting the Services, or providing services related to the online components of our games. For example, we may engage service providers to process consumer surveys, fulfill prizes, or to process, analyze, and/or store data, including, but not limited to, analytical data. While providing services for us, these companies may access your information. Service providers are contractually prohibited from using, retaining, or disclosing your information for any other purpose than to provide this assistance and are required to maintain appropriate confidentiality and security measures. We may permit them to use information that does not identify you (including information that has been aggregated or de-identified) for any purpose except as prohibited by applicable law.
  • Vendors and Other Parties. We share information with vendors and other parties for analytics and advertising related purposes. These parties may act as our service providers, or in certain contexts, independently decide how to process your information. For more information on advertising and analytics, see the “Analytics and Advertising” section below.
  • Business Partners. We may provide your information to our platform partners and their affiliates in connection with the online components of our games.
  • Protection of Rights. We must disclose your information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We may also share your information if we have a good faith belief that (i) access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process, such as a court order or subpoena, or a request by law enforcement or governmental authorities, (ii) such action is necessary to detect, prevent, or otherwise address fraud, security or technical issues associated with the Services or violations of our Terms of Use, or (iii) such action is appropriate to protect the rights, property or safety of Illfonic, its employees, business partners, or users of the Services or others.
  • Asset transfers. If we become involved in a merger, acquisition, bankruptcy or other transaction involving, or during the negotiations of, any proposed or actual merger, purchase, sale or any other type of acquisition or business combination of some or all of Illfonic’s assets or a line of business, user information, including information collected from you through your use of the Services, could be included in the discussions and transferred assets.
  • We may share your information with our affiliates and related entities, including where they act as our service providers for their own internal business purposes.
  • Consent and Pursuant to this Privacy Policy. We share your information with notice to and your consent or for any purposes consistent with our statements under this Privacy Policy or as permitted by applicable law.
  • Facilitating Requests. We share information at your request or direction.
  • We may offer sweepstakes, contests, surveys, and other promotions (each, a “Promotion”) jointly sponsored or offered by other parties that requires submitting information. If you voluntarily choose to enter a Promotion, your information may be disclosed to other parties for administrative purposes and as required by law (e.g., on a winners list). By entering, you agree to the official rules that govern that Promotion, and may, except where prohibited by applicable law, allow the sponsor and/or other parties to use your name, voice and/or likeness in advertising or marketing materials.

Without limiting the foregoing, we may share information that does not identify you (including aggregated information de-identified information) for any purpose except as prohibited by applicable law. For information on your rights and choices regarding how we share information about you, please see the “Your Rights and Choices” section below.

ADDITIONAL INFORMATION YOU SHOULD KNOW ABOUT OTHER PARTIES

This Privacy Policy does not cover the information practices of  websites, locations, platforms, and services linked to the Services and/or technologies embedded in the Services that are operated or controlled by other parties.

Additionally, when you click on a logo or URL displayed on our Services which links you to another party, our Privacy Policy no longer applies and you must read the privacy policy of the other party to see how your information will be handled on their service. If you cannot find their privacy policy, then you should contact the respective webmasters of those websites to obtain information regarding their information collection, use and disclosure policies. We are not responsible for their collection and use of your information.

To the extent we combine information we receive from third parties with information we collect directly from you on the Services, we will treat the combined information in accordance with this Privacy Policy.

SOCIAL MEDIA FEATURES

Our Services may interface with Facebook, Twitter, Google Plus and other services controlled and operated by other entities. Please note that the social networks may independently collect information about you. The information collected and stored by those parties remains subject to their own policies and practices, including what information they share with us, your rights and choices on their services and devices, and whether they store information in the U.S. or elsewhere. You should review the privacy policy of those entities.

ANALYTICS AND ADVERTISING

We use analytics services, such as Google Analytics, to help us understand how users access and use the Services. For example, analytics services may use tracking technologies on our Services to help us analyze your use of the Services, compile statistic reports on the Services’ activity, and provide other services relating to Services activity and Internet usage. Similarly, we may work with advertising services, such as Facebook, to provide you with ads.

As indicated above, vendors and other parties may act as our service providers, or in certain contexts, independently decide how to process your information. We encourage you to familiarize yourself with and consult their privacy policies and terms of use.

For further information on tracking technologies and your choices regarding them, please see “Information We Collect Automatically” above and “Your Rights and Choices” below.

YOUR RIGHTS AND CHOICES

Tracking Technologies Generally

Most browsers accept cookies by default. Regular cookies may generally be disabled or removed by tools available as part of most commercial browsers, and in some instances blocked in the future by selecting certain settings. Browsers offer different functionalities and options so you may need to set them separately.

Please be aware that if you disable or remove these technologies some parts of the Services may not work and that when you revisit the Services your ability to limit browser-based tracking technologies is subject to your browser settings and limitations.

Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no industry consensus as to what website and app operators should do with regard to these signals. Accordingly, unless and until the law is interpreted to require us to do so, we do not monitor or take any action with respect to these “Do Not Track” signals or other mechanisms. For more information on “Do Not Track,” visit http://www.allaboutdnt.com.

Analytics and Advertising Tracking Technologies

You may exercise choices regarding the use of cookies from Google Analytics by going to https://tools.google.com/dlpage/gaoptout, or downloading the Google Analytics Opt-out Browser Add-on.

Please note that if you opt out using this method, the opt out will only apply to the specific browser or device from which you opt out. Illfonic is not responsible for effectiveness of, or compliance with, any entities’ opt-out options or programs or the accuracy of their statements regarding their programs.

Communications

You may opt-out of receiving promotional emails from us at any time: (i) as provided in any email to click on the unsubscribe link; or (ii) by sending an email to privacy@illfonic.com. We will try to make the requested changes in our active databases as soon as reasonably practical. Please note that you cannot unsubscribe from non-promotional emails from us, including messages relating to your account transactions, servicing, or Illfonic’s ongoing business relations.

INTERNATIONAL TRANSFER

The Services are operated in the United States. If you are located outside of the United States, please be aware that information we collect will be transferred to, and processed, stored and used in the United States and other jurisdictions. The data protection laws in the United States may differ from those of the country in which you are located, and your information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By using the Services or providing us with any information, you consent to the transfer to, and processing, usage, sharing and storage of your information in the United States as set forth in this Privacy Policy.

CHILDREN’S PRIVACY

We are a general audience service and do not knowingly collect any personal information from children under the age of 13 as defined by the U.S. Children’s Privacy Protection Act (“COPPA”). If you are a parent or guardian and believe we have collected personal information in violation of COPPA, please email us at privacy@illfonic.com. We will remove the personal information in accordance with COPPA. We do not knowingly “sell,” as that term is defined under the CCPA, the personal information of minors under 16 years old who are California residents.

WHAT SECURITY MEASURES DO WE TAKE TO SAFEGUARD YOUR INFORMATION?

We implement and maintain reasonable administrative, physical, and technical security safeguards to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. The information that you provide to us is stored on servers that are located in secured facilities and protected by protocols and procedures designed to ensure the security of such information. However, no server, computer or communications network or system, or data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect user information, we cannot ensure or warrant the security of any information you transmit to us or through the Services.

NOTIFICATION OF CHANGES

This Privacy Policy may change from time to time and we will post all changes on the Services. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you use the Services after the updated Privacy Policy is posted on the Services. If at any point you do not agree to any portion of the Privacy Policy then in effect, you must immediately stop using the Services.

QUESTIONS? CONTACT US

If you have any questions about our privacy practices or this Privacy Policy, please email us at privacy@illfonic.com.

This Privacy Policy has been designed to be accessible to people with disabilities. If you experience any difficulties accessing the information here, please email us at privacy@illfonic.com.

ADDITIONAL DISCLOSURES FOR NEVADA RESIDENTS

Nevada law (NRS 603A.340) requires each business to establish a designated request address where Nevada consumers may submit requests directing the business not to sell certain kinds of personal information that the business has collected or will collect about the consumer. A sale under Nevada law is the exchange of personal information for monetary consideration by the business to a third party for the third party to license or sell the personal information to other third parties. If you are a Nevada consumer and wish to submit a request relating to our compliance with Nevada law, please email us at privacy@illfonic.com.

ADDITIONAL DISCLOSURES FOR CALIFORNIA RESIDENTS

These additional disclosures apply only to California residents. The California Consumer Privacy Act of 2018 (“CCPA”) provides additional rights to know and delete, and requires businesses collecting or disclosing personal information to provide notices and means to exercise rights.

Notice of Collection

In the past 12 months, we have collected the following categories of personal information enumerated in the CCPA:

  • Identifiers, including first name, postal address, email address, and online identifiers (such as IP address).
  • Commercial or transactions information, including records of products or services purchased, obtained, or considered.
  • Internet activity, including browsing history, search history, and interactions with a website, email, application, or advertisement.
  • Employment and education information.
  • Inferences drawn from the above information about your predicted characteristics and preferences.

For further details on information we collect, including the sources from which we receive information, review the “Information We Collect” section above. We collect and use these categories of personal information for the business purposes described in the “How We Use Your Information” section.

We do not “sell” information as defined by the CCPA.

Right to Know and Delete

You have the right to know certain details about our data practices in the past 12 months. In particular, you may request the following from us:

  • The categories of personal information we have collected about you;
  • The categories of sources from which the personal information was collected;
  • The categories of personal information about you we disclosed for a business purpose or sold;
  • The categories of third parties to whom the personal information was disclosed for a business purpose or sold;
  • The business or commercial purpose for collecting or selling the personal information; and
  • The specific pieces of personal information we have collected about you.

In addition, you have the right to delete the personal information we have collected from you.

To exercise any of these rights, please email us at privacy@illfonic.com. In the request, please specify which right you are seeking to exercise and the scope of the request. We will confirm receipt of your request within 10 days. We may require specific information from you to help us verify your identity and process your request. If we are unable to verify your identity, we may deny your requests to know or delete.

We acknowledge that you may have rights under the CCPA in connection with the personal information we process on behalf of our business partners (such as Valve or Sony). If personal information about you has been processed by us as a service provider on behalf of a business partner and you wish to exercise any rights you have with such personal information, please inquire with our business partner directly. If you wish to make your request directly to us, please provide the name of our partner on whose behalf we processed your personal information. We will refer your request to that partner, and will support them to the extent required by applicable law in responding to your request.

If you would like to make a request to know or delete with Sony, please contact them directly by visiting http://support.playstation.com/ccpa, or calling their Consumer Services toll-free at 1-800-345-7669.

Authorized Agent

You can designate an authorized agent to submit requests on your behalf. However, we will require written proof of the agent’s permission to do so and verify your identity directly.

Right to Non-Discrimination

You have the right not to receive discriminatory treatment by us for the exercise of any your rights.

Shine the Light

Customers who are residents of California may request (i) a list of the categories of personal information disclosed by us to third parties during the immediately preceding calendar year for those third parties’ own direct marketing purposes; and (ii) a list of the categories of third parties to whom we disclosed such information. To exercise a request, please write us at the email set out in “Contact Us” above and specify that you are making a “California Shine the Light Request.” We may require additional information from you to allow us to verify your identity and are only required to respond to requests once during any calendar year.

ADDITIONAL DISCLOSURES FOR DATA SUBJECTS IN EUROPE

Roles

Data protection laws in Europe distinguish between organizations that process personal data for their own purposes (known as “controllers”) and organizations that process personal data on behalf of other organizations (known as “processors”). Illfonic acts as a controller with respect to personal data collected as you interact with our websites, emails, and advertisements. In some instances, Illfonic acts a processor on behalf of a business partner (such as Valve or Sony), which is the controller. Any questions that you have relating to the processing of personal data by Illfonic as a processor should be directed to the relevant business partner.

Lawful Basis for Processing

Data protection laws in Europe require a “lawful basis” for processing personal data. Our lawful bases include where: (a) you have given consent to the processing for one or more specific purposes, either to us or to our service providers or business partners; (b) processing is necessary for the performance of a contract with you; (c) processing is necessary for compliance with a legal obligation; or (d) processing is necessary for the purposes of the legitimate interests pursued by us or a third party, and your interests and fundamental rights and freedoms do not override those interests. Where applicable, we will transfer your personal data to third countries subject to appropriate or suitable safeguards, such as standard contractual clauses.

Your Data Subject Rights

You have the right to access, rectify, or erase any personal data we have collected about you. You also have the right to data portability and the right to restrict or object to our processing of personal data we have collected about you. In addition, you have the right to ask us not to process your personal data (or provide it to third parties to process) for marketing purposes or purposes materially different than for which it was originally collected or subsequently authorized by you. You may withdraw your consent at any time for any data processing we do based on consent you have provided to us.

To exercise any of these rights, please contact us as set out in the “Contact Us” section above and specify which right you are seeking to exercise. We will respond to your request within 30 days. We may require specific information from you to help us confirm your identity and process your request. If personal data about you has been processed by us as a processor on behalf of a business partner and you wish to exercise any rights you have with such personal data, please inquire with our business partner directly. If you wish to make your request directly to us, please provide the name of our business partner on whose behalf we processed your personal data. We will refer your request to that business partner, and will support them to the extent required by applicable law in responding to your request.

Please note that we retain information as necessary to fulfil the purposes for which it was collected, and may continue to retain and use information even after a data subject request for purposes of our legitimate interests, including as necessary to comply with our legal obligations, resolve disputes, prevent fraud, and enforce our agreements.

If you have any issues with our compliance, you may contact us as set out in the “Contact Us” section above. You also have the right to lodge a complaint with the data protection regulator in your jurisdiction.