Effective as of May 25, 2018.
We, at Kongregate Inc. (“Kongregate,” the “Company,” “we” or “us”), are committed to respecting your privacy and the integrity and security of your personal information. As the data controller of certain of your personal information, we want you to know how we handle it, how we use it, process it and/or share it, as well as the ways in which you can protect your own privacy.
- What information we collect;
- Why we collect and how we use the information we collect;
- With whom we may share your information;
- How long we retain and how we protect the information; and
- What rights and link to control your personal data.
1. What Information We Collect
When you access, connect to, sign up to, participate in, create an account for, make purchases within or otherwise use our Services, we may collect personal data from you. The personal data we collect will depend on the circumstances and the Services you are using. We collect information in two ways – (A) information that YOU provide and (B) information that we automatically collect.
- Information You Provide You provide certain personally identifiable information that uniquely identifies you such as:
- Email address when you choose to participate in various activities on the Platform such as registering an account, chat, posting messages in the games comment section or in our forums, sending feedback, entering contests, responding to surveys, or subscribing to newsletters or other mailing lists;
- User name and password to protect your account;
- Information requested by us when you report a problem with our Services;
- Your contact information if you reach out to us;
- Postal address and limited and tokenized payment information may be collected when uploading a game, or making a purchase; and/or
- Other information to us directly or through third-party services.
You may also provide us information in the following manners:
- Information You Provide via Apps. You may have the option to link your mobile account to your Sites account in connection with certain Apps. This will allow you to participate in content that crosses between the Sites and Apps, such as Kongregate level, points, and badges. If you choose this linking option, the information we receive via the Sites may also apply to Apps, and vice versa.
- Invite a Friend. You may invite friends to join the Kongregate community by using the “invite a friend” feature. You will be required to submit your name and email address, as well as their name and email address. Your friend’s personal information that you submit in this feature will be used only to send the email you request, and will not be otherwise stored or maintained by Kongregate.
- Information through Social Media. Personal information that you post voluntarily now or in the future through the Platform or on an area of a social network monitored by us (e.g., our Facebook page) may be visible to others and collected by third-parties. Information that you disclose, including, but not limited to, through our online chat rooms, forums, game comments, profile shouts and direct messages is public and will be accessible to anyone who uses our Platform and/or 3rd Party Platform Games.
- Payment Information. If you make a purchase in or through our Services, our third-party payment processor will collect the billing and financial information it needs to process your charges. Kongregate does not collect or store your financial information, but our payment processors may share information with us in order for us to fulfill your order. Our User Agreement explains our policies and terms relevant to our charges, billing practices, third-party credits and virtual currencies.
- Customer Support Communication. Except as provided herein, when you ask for help from our Customer Support team, we will collect and store the contact information you give them (generally, your name and e-mail address), information about your game play or activity on our Services, and your Kongregate username and/or social network ID number. We will also store the communications you have with the Customer Support team in order to provide you support and improve the Services.
- Other Information You Provide. We collect the following types of personally identifiable information: your contact information (such as name, postal or email address, or phone number), username and password, purchase history on our Platform, game play preferences (such as an interest in a particular type of game or genre), information you provide by interacting with us through social media, and photographs that you submit on our Platform or through our social media channels. By submitting a photograph, you waive any rights thereto and authorize us to copyright, use and publish the same in print or electronically for any lawful purpose.
- Information We Automatically Collect. We and our affiliates, analytics or service providers, and third party companies with whom we have marketing relationships, use technologies such as cookies, beacons, tags, and scripts, to analyze trends, administer the website, track users’ movements around the website, and gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual or aggregated basis.
- Analytics. When you visit our Platform, we automatically collect the following types of information: information about the devices you use to access the Internet (such as the IP address and the device, browser, and operating system type), URLs that refer you to our Platform and the dates and times of your visits, information on your gaming behavior on our Platform (e.g., page views, paths you take through our Sites, frequency of visits, referring/exit pages), general geographic location information (e.g., country) that shows where you are when browsing our Sites, search terms that you enter to reach our Sites or enter on our Sites to find products, and the fact that you opened one of our emails. We utilize analytics services to help us track the efficacy of our Platform and help us learn more about our users’ behavior.
- Information We Receive through Apps. If you play a Kongregate game through an App on a mobile device (such as your phone or tablet), we can collect mobile device identifiers that can include things like your MAC address and IP address. We may also collect information such as device name and type, operating system, country, and any other information you choose to provide such as your game character name or e-mail address. Additionally, we may access third party information such as your phone or Facebook contacts with your authorization and according to the rules you have established within your device permissions.
- Social Media Features. Our Platform includes social media features, such as the Facebook “Like” button and widgets, the “share this” widget, or interactive mini-programs that run on our Site. These features may collect your IP address, which page you are visiting on our Site, and may set a cookie to enable the feature to function properly. Your interactions with these features are governed by the privacy statement of the company providing it.
- Facebook Link. To personalize the Site, and to simplify the registration process, we give you the option to link your account with Facebook. When you link your account, Facebook may share data about you with us, and we may share information about you with Facebook. In addition, Kongregate users who are your friends on Facebook will be shown your Kongregate username if you have both linked your Facebook accounts.
- Tailored Advertising. Advertising allows us to provide many free-to-play Services. Third-party advertising companies serve ads on our behalf across the Internet. Such advertising partners have a legitimate interest to collect and profile personal data in the form of IP address and cookie ID from users on our website in order to provide targeted online advertising and ad measurement.
- Is it mandatory for you to provide your personal data? Personal data that we request and is marked “mandatory” in any way, for example by using the * symbol, is required in order for us to provide our Services (for statutory, contractual, administrative, technical or similar reasons).
2. How we use information and our legal bases for processing it
Generally, we use both your personally identifiable information and certain non-personally identifiable or pseudonymous Site usage data to improve the quality of our Services and design of the Site, Apps, and 3rd Party Platform Games, and to create new features, promotions, and services by storing, tracking, and analyzing user preferences and trends. We use the information we collect from the Platform and 3rd Party Platform Games for the following purposes:
- For the sake of our CONTRACTUAL RELATIONSHIP as necessary to perform and fulfill certain obligations under the User Agreement:
- For the provision of our Services to you, including to register and manage your account, provide or improve customer service, fulfill your requests, improve your experience of our Services and to administer our contractual relationship with you;
- To ensure that the content from our Services is transmitted to you and your device in the most efficient way;
- To personalize your experience of our Services based on your usage, e.g., recommending content that may be of interest to you;
- To handle payments for your account;
- To provide order and invoice information to you;
- To communicate with you regarding your account or the purchase of our Services;
- To send mobile push recommendations to you of content to which you have subscribed;
- To allow you to use our applications on social media, provided that you select to use them in accordance with your security settings;
- To notify you about changes to our Services;
- To conduct surveys in order to improve your interaction with our Services; and/or
- To provide offers, news, information, products or services that you request from us.
- For our LEGITIMATE INTERESTS of developing, administering, protecting and marketing our Services as well as from a business and strategic management perspective:
- To operate, improve and optimize our Services for the benefit of our users;
- To provide technical support and respond to inquiries;
- To better understand how users interact with our Platform and to personalize our Services;
- To provide you with offers, news, information, products or services that we believe may be of interest to you, including tailoring advertising so that it relates to your likely interests;
- To use IP address, device identifiers or other information necessary to block disruptive use or services, for the reason of protecting our Services or otherwise enforcing or applying our User Agreement;
- For research, analyzing and statistical purposes;
- To enhance the security of our network and information systems;
- To protect against fraud, unauthorized transactions, claims and other liabilities;
- To manage exposure to risk from unauthorized users;
- To provide information in a change of control or mergers and acquisitions processes or for the reasons of business and strategic management; and/or
- For the establishment, exercise or defense of legal claims.
When we process data for our legitimate business purposes, we will always consider your personal data rights in high regard, take account of your rights and proceed only when our interests are not overridden by your interests or rights. You have the right to object to this processing, but please bear in mind that if you object, this may affect our ability to carry out tasks above for your benefit.
- For MARKETING purposes which will only occur if we have received your consent to such processing:
- To send you our newsletter or promotional emails, if you have agreed thereto, which may also contain offers, news or information related to our Services and/or other products or services which we believe may be of interest to you;
- To other specific offers, products or services to which you consented.
- We may also process or share your personal data if it is reasonably necessary for us to comply with a LEGAL OBLIGATION or in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
3. With Whom We Share Your Personal Data
Unless we tell you first (such as at the time we collect information from you), or unless it is part of a specific program or feature in which you have elected to participate, we do not rent or sell personally identifiable information to others. We do not share email addresses with third parties for the purpose of sending their own emails to you without your consent. If you do not want us to share your personal information with these companies, then you can either contact us at email@example.com or opt-out. To opt-out, please see “Your Rights and Options” below.
- Service Providers. We may use third party service providers to perform services for us such as to provide the infrastructure and IT services (including but not limited to data storage), process credit and debit card transactions, to provide customer services, collecting debt analysis and improve data and process customer inquiries and perform other statistical analyzes. In the performance of these services, the third party vendors may have access to your personal data but is only authorized to process it strictly on our behalf and in accordance with our instructions.
- Performance data (like the number of clicks on an advertisement);
- Aggregated and/or de-identified information about you and other players collectively that is not intended to specifically identify you (like players between the ages of 21 and 25 who live San Francisco);
- Certain technical information (for example, IP addresses, non-persistent device identifiers such as IDFAs, and de-identified persistent device identifiers such as a hashed Android ID);
- Your social network ID;
- And other contextual data about your game play (for example, your level and session length).
The information collected may be used to:
- Measure how effective ads are, to offer you targeted advertising in order to personalize your experience by showing you advertisements for products and services that are more likely to appeal to you (a practice known as behavioral advertising), and/or
- Undertake web analytics (e.g., Google Analytics which is used to analyze traffic and other player activity to improve your experience).
Advertisers or ad networks may collect this information through the use of tracking technologies like browser cookies and web beacons. After clicking on a third party advertisement, you may no longer be on our Platform. The third party sites are operated by companies that are outside of our control, and your activities at those sites will be governed by the policies and practices of those third parties. We encourage you to review the privacy practices of these third parties before disclosing any personally identifiable information, as we are not responsible for the privacy practices of those sites.
- Offer Walls. Our Services may display an “offer wall” that is hosted by an offer wall provider. The offer wall allows third-party advertisers to provide virtual currency to players in exchange for interacting with an advertisement or for completing a marketing offer that may include signing up for an account with one of those advertisers. After clicking on one of these offers, you will no longer be on a site hosted by Kongregate or the social network through which you are playing Kongregate games. To properly credit player accounts and to prevent fraud, a unique identifier, in some cases your Kongregate user name/ID, will be shared with the offer wall provider.
- 3rd Party Platform Games. If you play 3rd Party Platform Games through platforms or sites operated by a third party, including social media sites such as Facebook, your social media “friends,” other players, or other types of connections may, depending on your social media privacy settings, be able to: see certain personal information about you; view your game activity; and/or communicate with you or send you “friend” or other connection requests through the social media service.
- Third Parties for Security or Other Legitimate Reasons. We may also disclose your personal data to third parties, if we reasonably believe that disclosure of such personal data is necessary:
- To comply with valid legal obligations including subpoenas, court orders, governmental requests or search warrants, and as otherwise authorized by law;
- To protect our rights, property, or the safety of our customers, employees or the general public;
- To protect against fraudulent, malicious, abusive, unauthorized or unlawful use of our Services and to protect our network, services, devices and users from such use;
- To advance or defend against complaints or legal claims;
- To determine credit risk, for reporting purposes or to obtain payment for our Services;
- To outside auditors and regulators.
- Corporate Transaction, Reorganization or Bankruptcy. In the event of a change of control, sale of some or all of our business or assets, corporate reorganization or bankruptcy, we would share the pertinent customer information (which may include your personal information) with the other business entity (or entities) involved in the transaction. In such an event, we would notify you via email and/or a prominent notice on our Platform of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.
- Legal Compliance. We may disclose information upon governmental request, in response to a court order, or when required by law to do so. We may also share information with companies assisting in fraud protection, legal compliance or investigations. We do not provide information to these agencies or companies for marketing or commercial purposes.
With respect to onward transfers, we remain liable should the third parties to whom we transfer personal data process such information in a manner inconsistent with the Privacy Shield Principles.
4. How Long We Retain Your Personal Data
5. How We Protect Your Information
We strive to maintain the security of your personal information through a variety of security measures. Safeguarding your personal data is a priority for us. Personal data that you provide to us is stored on secure servers, and we use rigorous procedures to protect against loss, misuse, unauthorized access, alteration, disclosure, or destruction of your personal data. Although we work hard to protect your personal data, please note that no system can be guaranteed to be 100% secure. Therefore, while we strive to employ reasonable protections for your information that are appropriate to its sensitivity, we cannot guarantee that our safeguards will prevent every unauthorized attempt to access, use or disclose personal data, and we cannot guarantee or warrant the security of the information you share with us and we cannot be responsible for the theft, destruction, loss or inadvertent disclosure of your information.
It is important for you to protect against unauthorized access to any login or password information, and to your computer or device. To minimize the risk of having your account being compromised, we recommend that you set up your account password using unique numbers, letters and special characters. Do not disclose passwords to others. Please notify us of any password compromises and change passwords periodically to maintain account protection. To learn more about how to protect yourself online, we encourage you to visit the government’s website at www.onguardonline.gov
6. Our Policies Concerning Children
Our Services are Not Designed for Children. Our Services, Platform and 3rd Party Platform Games are designed for and directed at people 18 years of age or older. No one under the age of 13 (or under 16 for children located in the European countries)(collectively, “Children”) may provide any personal information to us, and we do not knowingly collect information from Children. Children should not attempt to create an account or send any of your information to us, including your name, address, telephone number or email address. If Kongregate learns that we have collected personal information from Children without verification of parental consent in contravention of these measures, we will terminate access to the account immediately and will take all reasonable measures to delete such information from its databases and to not use such information for any purpose (except where necessary to protect the safety of the child or other as required or allowed by law). If you believe that we might have any information from or about Children, please contact us at firstname.lastname@example.org.
Right to Remove Posted Information — California Minors. If you are under 18 years of age, reside in California, and have a registered account on the Platform, or through the 3rd Party Platform Games, you have the right to request removal of unwanted information that you publicly post on the Platform, or through the 3rd Party Platform Games. To request removal of such information, you can contact Kongregate using the email address associated with your account at email@example.com stating that you reside in California. Upon receiving such a request, Kongregate will make sure that the information is not publicly available on our Platform, or through our 3rd Party Platform Games.
7. Your Rights and Options
We understand that you may at times need further information from us regarding your personal data and how it is processed or that you may wish to update or correct the personal data you have provided us with. Your rights include the following:
- Right to access your personal data. You have the right to obtain confirmation from us as to whether or not personal data concerning you are being processed, and, where that is the case, access to the personal data and information.
- Right to rectification of personal data. If you find that personal data that we process about you is inaccurate, you have the right to have us correct such personal data.
- Right to erasure of personal data (right to be forgotten). Under certain circumstances, such as if your personal data has been unlawfully processed or you have withdrawn your consent (if the processing of your personal data is based on consent), you have the right to request and obtain erasure of your personal data from us.
- Right to restriction of processing. Under certain circumstances, such as if you question the accuracy of your personal data or you have objected to our legitimate purpose to process your personal data, you have the right to request that we restrict the processing of your personal data until a solution has been found.
- Right to object to processing. Under certain circumstances, such as if you question the our legitimate interest to process your personal data, you have the right to object, on grounds relating to your particular situation, to such processing.
- Right to data portability. If your personal data is processed by automated means based on your consent or for the fulfilment of our contractual relationship, you have the right to request that we provide you with your with personal data on a machine-readable format for transmission to another data controller.
- Right to lodge a complaint with a supervisory authority. You have the right to lodge a complaint regarding our processing of your personal data with the supervisory authority of your place of residence, place of work or place of the alleged infringement.
Please contact us at firstname.lastname@example.org to make a request in respect of your rights. We will use commercially reasonable efforts to respond to your request within 30 days of receiving such request. If we cannot honor your request within the 30-day period, we will let you know the reasons why and when we expect to be able to fulfil your request.
If our processing of your personal data is based on your consent, you have the right to withdraw such consent at any time (this will however not affect the processing based on your consent before its withdrawal) by contacting us at email@example.com or by updating the settings in our Services (where applicable).
We offer you choices about the information we collect, how we use and disclose this information and how we communicate with you.
- Updating Your Profile. If you wish to review, edit or delete information you have provided to Kongregate, you may access your account information on the Site at any time by clicking on your username at the top of the Site homepage. We retain and use your information as necessary as described in “How Long We Retain Your Personal Data.”
- Opting Out of App Notifications. Kongregate Apps may send push notifications to your mobile device to provide game information, news, updates, or other relevant information. You can manage these updates from the “settings” page from within the App or from your device control panel that manages these notifications.
- Opting Out of Geolocation. In order to improve and optimize our service continuously, we use mobile tracking technologies. With the help of these services, we collect data on the usage of our Apps to be able to constantly improve our Services. In this respect, we may collect: IP address, which is anonymized right away, MAC address, anonymized Device ID (IDentifier For Advertisers (IDFA)) or Google Advertiser ID (GAID), browser type, language settings, internet service provider, network status, time zone, URL of the entry and exit pages, date of access and time spent, clickstream data, and other statistical information about the use of our Services. If you have previously allowed us to access your geolocation data, you can stop making geolocation available to us by visiting your mobile device’s settings for the relevant application or the “settings” page for the relevant App.
The collection and storing of the data can at any time be disabled with effect for the future as follows:
- In the case of an Apple device: Open the settings of your mobile device (e.g. iPhone or iPad) and select the menu item “Privacy.” Under “Advertising,” you can turn off the Ad Tracking.
- In the case of Android devices: Open the settings in your App list and tap on the “Ad” button. When the Ad window has opened, you can deactivate the Google Advertising ID.
- Opting Out of Third Party Tailored Advertising. If you are interested in more information about tailored advertising and your choices to prevent third parties from delivering tailored web and mobile web advertising you may visit the following websites:
- Network Advertising Initiative Consumer Opt-Out Page or the Digital Advertising Alliance Opt-Out Page for U.S.-based advertising; and
- Your Online Choices UK website for EU-based advertising.
- In addition, if you do not want to receive tailored in-application advertisements from third parties that relate to your interests in apps on your mobile device, you may opt-out by adjusting the ad tracking settings on your device. You can also reset the “Advertising Identifier” (like an IDFA) from your mobile device’s “settings” page, which will prevent continued use of existing behavioral data tied to the previous “Advertising Identifier.”
- Further, depending on the platform provider (such as Apple or Google), you may be able to download apps, such as the Digital Advertising Alliance’s “AppChoices” app, that offer to provide you with control regarding the collection and use of cross-app data for tailored advertising.
Please note this does not opt you out of being served ads. While you do have choices to limit personalized ads that are tailored to your interests, you may receive generic ads. These opt-out tools are not provided by Kongregate but provided by third parties.
- Opting Out of Analytics. We use internal and third party analytics tools, including Google Analytics. The third party analytics companies we work with may collect and store data related to our website, enabling the creation of user profiles under pseudonyms. These user profiles serve to analyze visitor behavior and are evaluated in order to improve and design our offer so as to meet the demands. Their collection and use of information is subject to their own privacy policies. You may opt-out of Google Analytics by following this link.
- Contests, Sweepstakes and Promotions. From time to time, we may provide you the opportunity to participate in contests, sweepstakes, surveys and/or other promotions on our site. If you participate, we will request certain personally identifiable information from you as provided in the terms of the corresponding promotion. We may use a third party service provider to conduct these surveys or contests; in those cases, that company will be prohibited from using our users’ personally identifiable information for any other purpose.
- California Privacy Rights. California Civil Code Section 1798 allows California residents to ask companies with whom they have an established business relationship to provide certain information about the companies’ sharing of personal information with third parties for direct marketing purposes. California customers who wish to request further information about our compliance with this law or have questions or concerns about our privacy practices may contact us at support@Kongregate.com or by writing to the address provided under “Questions or Concerns” below.
- Do Not Track. Do Not Track is a concept that has been promoted by regulatory agencies such as the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing Internet users to control the tracking of their online activities across websites by using browser settings. At this time, there is no general agreement on how companies such as ours should interpret Do Not Track signals. Kongregate does not currently respond to Do Not Track signals, whether that signal is received on a computer or on a mobile device. You can learn more about Do Not Track here.
8. Transfer Out of Europe On the Basis of The Privacy Shield Framework
IMPORTANT INFORMATION FOR EUROPEAN USERS: When you use our Services, your data may be sent to the United States and possibly other countries.
In compliance with the Privacy Shield Principles, Kongregate commits to resolve complaints about our collection or use of your personal information. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Kongregate at support@Kongregate.com. Kongregate has further committed to refer unresolved Privacy Shield complaints to International Centre for Dispute Resolution-American Arbitration Association (ICDR-AAA), an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, you may seek further assistance, at no cost to you, from the ICDR-AAA at http://go.adr.org/privacyshield.html.
In certain circumstances, the Privacy Shield Framework provides the right to invoke binding arbitration to resolve complaints not resolved by other means, as described in Annex I to the Privacy Shield Principles.
9. Questions or Concerns
450 Sansome Street, 12th Floor
San Francisco, CA 94111
Last updated: June 14, 2018