Last Updated: May 24, 2018
Our Services and Website are not directed to children under the age of 13, without the consent of a parent or guardian and children under the age of 13 are not eligible to use our Services. Protecting the privacy of children is very important to us. We do not intentionally gather Personal Information from visitors who are under the age of 13. If you believe that we might have any personal information from a child under 13, or a parent or guardian becomes aware that his or her child under the age of 13 has provided us with information without his or her consent, please contact us at firstname.lastname@example.org, and we will delete such information from our files as soon as reasonably practicable.
What “Personal Information” do we collect?
In general, the Personal Information we gather enables us to provide the Services to you and helps us learn more about the use of the Website and/or Services. We collect Personal Information that you submit to us voluntarily at registration and in the course of your use of the Website and/or Services. To use our Services, we may require you to create an “Account” by providing your name, email address and a password, and other information you voluntarily submit to us. You can choose not to provide us with certain information, but this may limit the features of the Website or Services you are able to use.
When you communicate with us by sending us an email, we will collect and store any information that is contained in your communications with us. If you tell us where you are (e.g., by allowing any hardware device you use with the Services to send us your location), we may collect, store and use that information. Of course, your location may also be apparent from your content. You can disable location services on your mobile device, but this may limit the features of the Services. Please contact your carrier for more information.
If you make a purchase through our Services, we will collect your payment card information, your billing address and details about payments to and from you and other details of products and services you have purchased from us or any Third Party Sites.
Third Party Sites and Services Information
We created and use tools and interfaces that allow you to connect with other websites, platforms and services, including Facebook, Twitter, Sony PlayStation™ Network, and Steam (“Third Party Sites”) through Company. We typically work with the Third Party Site’s application protocol interface (better known as their developer API) in a way that allows you to authorize us to access your account on that Third Party Site on your behalf. In order to provide this authorization, you do not provide us with your user name or password to the Third Party Site, but you will need to log-in to that Third Party Site directly through our Services. Once authorized by you, the Third Party Site provides us a token that allows the Third Party Site to recognize us when we ask, on your behalf, for access to your account information or to post information. For example, when you click “Connect” to grant Company access to your Facebook account, we will import your name and profile photograph from Facebook, as well as other information. Similarly, when you grant Company access to your Steam account or use our services on another platform, such as Sony PlayStation™ Network, we will import your IDs, user names, and any games you purchase or play, and related player activity, that are associated with your account. Company does not control any policies or terms of such Third Party Sites. As a result, Company is not responsible for any use of your information or content by a Third Party Site. You can revoke our access to any Third Party Site at any time by amending the appropriate settings from within your account settings on the applicable Third Party Site.
We also collect information about any in-application purchases or any in-game microtransactions made while using Third-Party Sites.
When you post content (text, images, photographs, messages, comments or any other kind of content that is not your e-mail address) to or through any of the Services, the information contained in your posting will be stored in our servers and may be reproduced and viewed by other users.
Log Files. As is true of most websites, we gather certain information automatically and store it in log files. This information includes IP addresses, browser type, Internet service provider (“ISP”), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information for many reasons, including to analyze trends, administer the Website, track users’ movements around the Website, gather demographic information about our user base as a whole, and better tailor our Services to our users’ needs. For example, some of the information may be collected so that when you visit the Website or the Services again, it will recognize you and the information could then be used to serve advertisements and other information appropriate to your interests.
Analytics. We may also use third party tracking and data analytics services; for example, to help us analyze how users use the Website and Services. These services collect information, such as how often and what features of the Services they use.
How We Use Personal Information.
We will use your Personal Information to:
|Purpose||Personal Information Involved|
|To administer your Account.||
|To process and fulfil any orders you submit through our Services.||
|Provide the Services and customer support.||
|Improve the Services.||
|To maintain interactive portions of the Services.||
|Tailor the features and content of the Services to you.||
|Market our products and services and those of third parties to you that we believe may be of interest to you.||
|Respond to your requests, resolve disputes.||
|Communicate with you about the Services.||
|To administer and protect our business and the Services (including data analysis, testing, system maintenance, reporting and hosting of data).||
We may receive additional information about you from third parties, including partners that provide us information that is publicly or commercially available, and may combine that information with the other information we collect about you to improve the efficacy of our Services offerings.
How We Disclose Personal Information.
Please be aware that your game sessions may be available to other users of the Services, depending on your Account settings.
We may also disclose certain Personal Information as follows:
- Third Parties Designated by You. When you use the Services, the Personal Information you provide will be shared with the third parties that you authorize to receive such information.
- Third Party Service Providers. We may share your Personal Information with our third party service providers that help us provide Services that we offer you.
- Third Party Partners. We work with our partners to enhance the quality and efficiency of the Services, and we may provide user information, including Personal Information, to them from time to time. We may also share the Anonymous Information publicly and with our advertisers, researchers, business partners, publications and other third parties.
- Third Party Advertisers. We may share Personal Information with advertisers and advertising networks that require the data to select and serve relevant adverts to you and others.
- Disclosure to Third Party Companies. We may enter into agreements with companies that desire access to Personal Information that we collect from you. AS A RESULT, WE MAY PROVIDE YOUR PERSONAL INFORMATION TO SUCH THIRD PARTY COMPANIES. BECAUSE WE DO NOT CONTROL THE PRIVACY PRACTICES OF THESE THIRD PARTY COMPANIES, YOU SHOULD READ AND UNDERSTAND THEIR PRIVACY POLICIES.
NOTICE TO CALIFORNIA RESIDENTS – YOUR CALIFORNIA PRIVACY RIGHTS (AS PROVIDED BY CALIFORNIA CIVIL CODE SECTION 1798.83
If we share Personal Information with third parties for their own direct marketing purposes, then you have the right to receive information about the categories of entities to which we have disclosed such information and the names and addresses of those entities. To submit your written request, please send it to us at 4501 Glencoe Avenue, Marina Del Rey, California 90292 and put the following words in the subject line of the email: “California Privacy Request.” Within 30 days after receipt of your request, we will send you a list of the categories of Personal Information that we disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year, along with the names and addresses such third parties, if any. Please note that the California “Shine the Light” law does not cover all categories of information that may be collected and disclosed or shared, and our policy relates only to information covered by the law. Please also note that we are required to respond to one request per California user each year and we are not required to respond to requests made by means other than through this e-mail address.
We require all third parties to respect the security of your Personal Information and to treat it in accordance with the law. We do not allow our third-party service providers to use your Personal Information for their own purposes and only permit them to use it for specified purposes and in accordance with our instructions.
Advertiser Collected Information.
We may use third parties to serve ads on the Website or Services. Certain third parties may automatically collect information about your visits to this and other websites, your IP address, your ISP, the browser you use to visit our Website (but not your name, address, e-mail address or telephone number). They do this by using Cookies or other technologies. Information collected may be used, among other things, to deliver advertising targeted to your interests and to better understand the usage and visitation of our Website and the other sites tracked by these third parties.
When we refer to “Anonymous Information” we mean information that does not (either directly or indirectly) enable identification of any individual person.
We may create Anonymous Information from the above – we do this by permanently removing any information that could enable us, or any third party that is reasonably likely to access that information, from identifying the individual to whom it previously related.
We use the Anonymous Information we collect to analyze trends, administer and improve the Services, track users’ movements while using the Services, gather demographic information about our user base as a whole, and better tailor our Services and any new services to our users’ needs.
We reserve the right to disclose Anonymous Information publicly without restriction.
Cookies and other tracking technologies
If you decide at any time that you no longer wish to accept Cookies from our Services for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit. Consult your browser’s technical information. If you do not accept Cookies, however, you may not be able to use all portions of the Services or all functionality of the Services. If you have any questions about how to disable or modify Cookies, please let us know at the contact information provided below.
Except “Essential Cookies”, all the Cookies described below will expire within three (3) years.
Here’s a list of the types of Cookies we use, and why we use them:
|Type of cookie||Purpose|
|Essential Cookies||These cookies are essential to provide you with Services available through our Website and to enable you to use some of its features. Without these cookies, the Services that you have asked for cannot be provided, and we only use these cookies to provide you with those Services.|
|Functionality Cookies||These cookies allow our Website to remember choices you make when you use our Website, such as remembering your language preferences, remembering your login details and remembering the changes you make on other parts of our Website which you can customize. The purpose of these cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you visit our Website or use our Services.|
|Analytics and Performance Cookies||These cookies are used to collect information about traffic to our website and how users use our Website and Services. The information gathered does not identify any individual visitor. The information is aggregated and does not directly identify you. We use this information to help operate our Website and Services more efficiently, to gather broad demographic information and to monitor the level of activity on our Website and Services.|
|Targeted and advertising cookies||These cookies track your browsing habits to enable us to show advertising which is more likely to be of interest to you. These cookies use information about your browsing history to group you with other users who have similar interests. Based on that information, and with our permission, third party advertisers can place cookies to enable them to show adverts which we think will be relevant to your interests while you are on third party websites.|
|Social Media Cookies||These cookies are used when you share information using a social media sharing button or “like” button on our Website or Services or you link your account or engage with our content on or through a social networking website such as Facebook, Twitter or Google+. The social network will record that you have done this.|
Pixel Tags. In addition, we use “Pixel Tags” (also referred to as clear Gifs, Web beacons, or Web bugs). Pixel Tags are tiny graphic images with a unique identifier, similar in function to Cookies, which are used to track online movements of Web users. In contrast to Cookies, which are stored on a user’s computer hard drive, Pixel Tags are embedded invisibly in Web pages. Pixel Tags also allow us to send e-mail messages in a format users can read, and they tell us whether e-mails have been opened, for example, to ensure that we are sending messages that are of interest to our users. We may use this information to reduce or eliminate messages sent to a user. We do not tie the information gathered by Pixel Tags to our users’ ‘personally identifiable information’.
How We Respond to Do Not Track Signals. We do not currently respond to “do not track” signals or other mechanisms that might enable Users to opt out of tracking on our site.
We will only retain your Personal Information for as long as necessary to fulfil the purposes we collected it (see here) for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for Personal Information, we consider:
- the amount, nature, and sensitivity of the Personal Information;
- the potential risk of harm from unauthorized use or disclosure of your Personal Information;
- the purposes for which we process your Personal Information and whether we can achieve those purposes through other means; and
- any the applicable legal or regulatory requirements.
Controlling Your Information.
Information Disclosed to Third Parties
Questions; Contacting Company
Attn: General Counsel
4501 Glencoe Avenue
Marina Del Rey, California 90292
Provisions Specific to Users in Europe
Who is ‘Controller’ of your Personal Information?
Survios, Inc., is the Controller (as defined in the GDPR) of your Personal Information. This means that we are the person who determines the purposes and means for which your Personal Information will be processed.
You can contact us at the contact details shown here.
In addition, as we do not have an establishment in Europe, we have appointed a representative based in Europe who you may address directly to raise any issues or queries you may have relating to our processing of your Personal Information. You can contact our EU representatives by emailing them at: email@example.com
Who do these Provisions Specific to Users in Europe apply to?
These specific provisions apply to Users who are located in Europe. This is true whether or not they are a citizen or permanently resident in a European country.
What types of data and information do these Provisions Specific to Users in Europe apply to?
They apply to any ‘personal data’ comprised within your Personal Information. Any references in these Europespecific sections to Personal Information should be read in that light.
The GDPR definition of personal data can be found here. Essentially, it boils down to: information about an individual, from which that individual is either directly identified or can be identified.
It does not include Anonymous Information (i.e., information where the identity of individual has been permanently removed).
However, it does include ‘indirect identifiers’ or ‘pseudonymous data’ (i.e., information which alone doesn’t identify an individual but, when combined with certain additional and reasonably accessible information, could be attributed to a particular individual).
What is our “legal basis” for processing your Personal Information?
The purposes for which we use your Personal Information are described here. In respect of each of the purposes we use your Personal Information for, the GDPR requires us to ensure that we have a “legal basis” for that use. We will only use your Personal Information when the GDPR allows us to – most commonly, we will use your Personal Information in the following circumstances:
- Where we need to do so to perform the contract we are about to enter into or have entered into with you (“Contractual Necessity”).
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests (“Legitimate Interests”).
- Where we need to comply with a legal or regulatory obligation (“Compliance with Law”).
Generally we do not rely on “consent” as a legal basis for using your Personal Information. You have the right to optout from receiving marketing communications at any time by contacting us using the contact details shown here or by following the “unsubscribe” link (or similar) in any such communications you receive.
We have set out below, in a table format which of the legal bases we rely on in respect of the relevant Purposes for which we use your Personal Information – in addition, where relevant, we have also identified what our legitimate interests in that use might be.
Note that we may process your Personal Information for more than one legal basis depending on the specific purpose for which we are using your Personal Information. Please contact us (using the contact details shown here) if you need details about the specific legal basis we are relying on to process your Personal Information in a specific circumstance where more than one basis is set out in the table below.
|Purpose||Legal Basis||Legitimate Interests (if applicable)|
|To administer your Account.||Performance of a contract with you||Not applicable.|
|To process and fulfil any orders you submit through our Services.||Performance of a contract with you||Not applicable.|
|To provide the Services and customer support.||Performance of a contract with you||Not applicable.|
|To improve the Services.||Legitimate Interests||We have a legitimate interest in defining types of customers for our products and services, to keep our Services updated and relevant, to develop our business and to inform our marketing strategy.|
|To maintain interactive portions of the Services.||Performance of a contract with you
|Where relevant, we have a legitimate interests in ensuring that the interactive portions of our Services operate for all our customers.|
|Tailor the features and content of the Services to you.||Performance of a contract with you||Not applicable.|
|To market our products and services to you that we believe may be of interest to you.||Legitimate Interests||We have a legitimate interest in our general commercial activities, including making efforts to expand our user base.|
|To respond to your requests, resolve disputes.||Performance of a contract with you
Compliance with Law
|To communicate with you about the Services.||Performance of a contract with you||Not applicable.|
|To administer and protect our business and the Services (including data analysis, testing, system maintenance, reporting and hosting of data).||Performance of a contract with you
|Where relevant, we have a legitimate interest in ensuring the ongoing security and proper operation of our Services and associated IT services and networks.|
We are a U.S.-based company. We do not have an establishment in Europe. This means that your Personal Information will stored at and processed by us and other third parties (see here) in the United States.
Change of Purpose
We will only use your Personal Information for the purposes for which we collected it (see here), unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.
Please note that we may process your Personal Information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law (including the GDPR).
We have put in place what we consider to be appropriate security measures to prevent your Personal Information from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed.
In addition, we limit access to your Personal Information to those employees, agents, contractors and other third parties who have a business “need to know”. They will only use or access your Personal Information on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected ‘personal data breach’ and will notify you and any applicable regulator of a breach affecting your Personal Information where we are legally required to do so.
Your Legal Rights
Under certain circumstances, you have rights under the GDPR in relation to your Personal Information. These rights are described below:
- Request access to your Personal Information. This enables you to receive a copy of the Personal Information we hold about you and to check that we are lawfully processing it.
- Request correction of the Personal Information that we hold about you. This enables you to have any incomplete or inaccurate Personal Information we hold about you corrected, though we may need to verify the accuracy of the new Personal Information you provide to us.
- Request erasure of your Personal Information. This enables you to ask us to delete or remove Personal Information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Information where you have successfully exercised your right to object to processing (see below), where we may have processed your Personal Information unlawfully or where we are required to erase your Personal Information to comply with local law.
- Object to processing of your Personal Information. This applies only where we are relying on a Legitimate Interest as our legal basis for processing (see above) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms.
- Request restriction of processing of your Personal Information. This enables you to ask us to suspend the processing of your Personal Information in the following scenarios: (a) if you want us to establish the Personal Information’s accuracy; (b) where our use of the Personal Information is unlawful but you do not want us to erase it; (c) where you need us to hold the Personal Information even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your Personal Information but we need to verify whether we have overriding legitimate grounds to use it.
- Request the transfer of your Personal Information to you or to a third party. We will provide to you, or a third party you have chosen, your Personal Information in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used that Personal Information to perform a contract with you.
- Withdraw consent at any time where we are relying on consent to process your Personal Information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
No Fee Usually Required
You will not have to pay a fee to access your Personal Information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
What We May Need From You
We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Information (or to exercise any of your other rights). This is a security measure to ensure that Personal Information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time Limit to Respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
In addition to your right to complain to us directly (see here), if you feel your complaint has not been adequately resolved, please note that the GDPR gives you the right to contact your local data protection supervisory authority, which for the UK, is the Information Commissioner’s Office.
Special Categories of Personal Data
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
Please do not provide us with any information
What happens if you fail to provide any necessary Personal Information?
Where we need to collect Personal Information by law, or under the terms of a contract we have with you and you fail to provide that Personal Information when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you Services or open your Account). In this case, we may have to cancel your access to the Services.