Last modified: February 24, 2023
- The types of information we may collect or that you may provide when you download, install, register with, access, or use our gaming application (this “App“).
- Our practices for collecting, using, maintaining, protecting, and disclosing that information.
This Policy applies only to information we collect in this App and in email, text, and other electronic communications sent through or in connection with this App.
This Policy DOES NOT apply to information that:
- We collect offline or on any of our other apps or websites, including websites you may access through this App.
- You provide to or is collected by any third party (see Third-Party Information Collection).
Our websites and apps, and these other third parties have their own privacy policies, which we encourage you to read before providing information on or through them.
As used in this Policy, the term: (a) “Affiliate” means, as to any person or entity, any other person or entity that, directly or indirectly, is in Control of, is Controlled by or is under common Control with such person or entity; (b) “Control” means the possession, directly or indirectly, of the power to direct or cause the direction of the management, policies or activities of the person or entity in question, whether through ownership of voting securities, by contract or otherwise; and (c) “NantGames Parties” means NantGames and/or one or more of its Affiliates (each, individually, a “NantGames Party. For purposes of clarification, any information which cannot be related to a discrete individual (such as aggregated statistical information) is not Personal Information.
References to “we,” “our,” or “us” in this Policy shall mean the NantGames Parties.
Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download, register with, access, or use this App. By downloading, registering with, accessing or using this App, you agree to this Policy. This Policy may change from time to time. Your continued use of this App after we revise this Policy means you accept those changes, so please check the Policy periodically for updates.
Children Under the Age of 16
The App is not intended for children under 16 years of age, and we do not knowingly collect Personal Information from children under 16. If we learn we have collected or received Personal Information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at email@example.com.
Information We Collect and How We Collect It
We collect information from and about users of our App:
- Directly from you when you provide it to us.
- Automatically when you use the App.
Information You Provide to Us
When you download, register with, or use this App, we may ask you provide information:
- By which you may be personally identified, such as name, postal address, country, email address, telephone number, or any other information that would allow us to identify you so you may be contacted online or offline (“Personal Information“).
- That is about you but individually does not identify you, such as a chosen username.
This information includes:
- Information that you provide by filling in forms in this App. This includes information provided at the time of registering to use the App, posting material, requesting further services or information. We may also ask you for information when you report a problem with the App.
- Records and copies of your correspondence (including email addresses and phone numbers), if you contact us.
Any Personal Information that you send us will be used for the purpose indicated in this Policy.
You may also provide information for publication or display (“Posted“) on public areas of this App or websites you access through the App (collectively, “User Contributions“). Your User Contributions are Posted and transmitted to others at your own risk. Additionally, we cannot control the actions of third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Automatic Information Collection and Tracking
When you download, access, and use the App, it may use technology to automatically collect:
- Usage Details. When you access and use the App, we may automatically collect certain details of your access to and use of the App, including traffic data, location data, logs, and other communication data and the resources that you access and use on or through the App.
- Device Information. We may collect information about your mobile device and internet connection, including the device’s unique device identifier, IP address, operating system, browser type, mobile network information, and the device’s telephone number.
- Stored Information and Files. The App also may access metadata and other information associated with other files stored on your device.
- Location Information. This App tracks and collects real-time information about the location of your device, including the users specific location of your device
If you do not want us to collect this information do not download the App or delete it from your device. You may opt out at any time by emailing firstname.lastname@example.org. Note, however, that opting out of this App’s information collection or tracking, including collection of location information will result in this App becoming partially or wholly inaccessible or not functioning properly.
Information Collection and Tracking Technologies
As you use this App, we may also collect information through the use of commonly-used information-gathering tools, such as cookies and web beacons (collectively “Navigational Information”). Navigational Information includes standard information from your web browser (such as browser type and browser language), your Internet Protocol (“IP”) address, and the actions you take on this App.
The technologies we use for automatic information collection may include:
These cookies allow this App to remember choices you make (such as your user name, language or the region you are in) and provide enhanced features. The information these cookies collect is usually anonymized. They do not gather any information about you that could be used for advertising or remember where you have been when in this App.
These cookies collect information about how visitors use this App. They also allow us to record and count the number of visitors and how they use this App in order to improve the way that this App works. The information these cookies collect is normally anonymous and is used to improve how this App works. However, some of these cookies may include Personal Information.
- Web Beacons. Pages of the App and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs), which are clear electronic images that can recognize certain types of information on your computer, such as cookies, that permit the Company, for example, to count users who have visited those pages or opened an email and for other related app statistics (for example, recording the popularity of certain app content and verifying system and server integrity).
- IP Addresses
When you use this App, we collect your Internet Protocol (“IP”) addresses to track and aggregate non-Personal Information. For example, we use IP addresses to monitor the regions from which users access or use this App. IP addresses will be stored in such a way so that you cannot be identified from the IP address.
Third-Party Information Collection
When you use the App or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:
- Advertisers, ad networks, and ad servers.
- Analytics companies.
- Your mobile device manufacturer.
- Your mobile service provider.
These third parties may use tracking technologies to collect information about you when you use this App. The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites, apps, and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any Personal Information, to:
- Provide you with the App and its contents, and any other information, products, or services that you request from us;
- Establish and maintain communications with you;
- Fulfill any other purpose for which you provide it;
- Give you notices about your account;
- Responding to your inquiries about the NantGames Parties’ products or services;
- Carry out our obligations and enforce our rights arising from any agreements entered into between you and us;
- Notify you when App updates are available, and of changes to any products or services we offer or provide though it;
- Meet legal, security, processing and regulatory requirements;
- Protect against fraud, suspicious or other illegal activities; and/or
- Compile statistics for analysis of this App and its uses.
The usage information we collect helps us to improve our App and to deliver a better and more personalized experience by enabling us to:
- Estimate our audience size and usage patterns;
- Store information about your preferences, allowing us to customize our App according to your individual interests; and/or
- Recognize you when you use the App.
Disclosure of Your Information
We do not disclose any Personal Information about you to third parties except as stated in this Policy, as otherwise permitted by law, or authorized by you.
Third parties to whom we generally disclose information are required by law, or a contract with us, to keep your Personal Information confidential and secure, and to use and disclose it for purposes that a reasonable person would consider appropriate in the circumstances and generally for purposes as follows:
- Affiliate Sharing
In the normal course of performing services, Personal Information may be shared among NantGames Parties for research and statistical purposes, system administration, joint marketing, providing you services or information, and crime prevention or detection.
- Service Providers
Because a number of the service providers we use are located in the United States, your Personal Information may be processed and stored inside the United States, and the U.S. government, courts, or law enforcement or regulatory agencies may be able to obtain disclosure of your Personal Information under US laws. In addition, generally, we will only provide your Personal Information to our lawyers, accountants, tax consultants and employees for the purpose of conducting our business and providing you with information. Our service suppliers adhere to the same protections regarding the collection, use, and retention of data as we do.
- Business Transactions
As we continue to develop our business, we might sell or buy assets. In such transactions, user information, including Personal Information, generally is one of the transferred business assets. Also, if NantGames itself or substantially all of a NantGames’s assets were acquired, your Personal Information may be one of the transferred assets. Therefore, we may disclose and/or transfer your Personal Information to a third party purchaser in these circumstances.
- For Your Purposes
We disclose user information including, your Personal Information, (a) for any other purpose disclosed by us when you provide the information or (b) with your consent.
- Other Legally Required Disclosures
We reserve the right to disclose, without your prior permission, any Personal Information about you or your use of this App if we has a good faith belief that such action is necessary to: (a) protect and defend the rights, property or safety of a NantGames Party, our employees, other users of this App, or the public; (b) enforce any terms and conditions that apply to use of this App; (c) as required by a legally valid request from a competent governmental authority; or (d) respond to claims that any content violates the rights of third-parties. We may also disclose Personal Information as we deem necessary to satisfy any applicable law, regulation, legal process, or governmental request.
Your Choices About Our Collection, Use, and Disclosure of Your Information
We strive to provide you with choices regarding the Personal Information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of over your information.
- Location Information. If you block the use of location information, this App will become inaccessible or not function properly.
Residents in certain states, such as California, may have additional Personal Information rights and choices. Please see State Privacy Rights below for more information.
State Privacy Rights
Residents of some states in the US have certain rights, under the specific state law, as it relates to how their Personal Information is handled. These are the “right to know,” the “right to delete,” and the “right to opt-out.”
Right to Know. You may request us to provide you the specific pieces of Personal Information that we have about you, categories of Personal Information we have collected about you, categories of sources from which the Personal Information is collected, categories of Personal Information that we sold or disclosed for a business purpose about you, categories of third parties to whom the Personal Information was sold or disclosed for a business purpose, and the NantGames business or commercial purpose for collecting or selling Personal Information. Please note that much of the information for which you can make a request is already contained in this Policy. Should you wish to exercise this right, please contact us via one of the methods noted below under “Exercising State Privacy Rights.” If you do not have an account with us, we may ask for some Personal Information in order to verify your identity and your rights to the data subject to your request.
Right to Delete. Some state law gives its residents a limited right to request deletion of their Personal Information. However, this right is limited by a number of exceptions. Fundamentally, if we have a permissible need to retain Personal Information, we are not under an obligation to delete such information, even when requested. Generally, we retain Personal Information so we may complete the transaction for which the Personal Information was collected, provide information or a service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between us and you; detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity; debug to identify and repair errors that impair existing intended functionality of our online properties; enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us; comply with a legal obligation; or otherwise use your Personal Information, internally, in a lawful manner that is compatible with the context in which your provided the information. As such, we generally do not accept requests to delete Personal Information. However, we will respond to requests to remove Personal Information from some of our systems as a part of a request to close or otherwise disable an account. If you would like to request deletion of Personal Information, please contact us via one of the methods noted below under “Exercising State Privacy Rights.” If you do not have an account with us, we may ask for some Personal Information in order to verify your identity and your rights to the data subject to your request.
Right to Opt-Out. We do not sell or share your Personal Information to unaffiliated third parties for their marketing purposes. As such, there is no need for you to opt-out of the sale of information to such parties.
Designating an Authorized Agent. Some state law permits residents of that state to designate an agent to manage their rights under state law. If you would like to designate an agent to manage your privacy preferences, you may do so using the mechanisms noted below under “Exercising State Privacy Rights.” Note that if you do not have an account with us, we may ask for some Personal Information in order to verify your identity and your rights to the data subject to your request. We will also need sufficient Personal Information about your authorized agent to be able to identify them. As part of this process, you must have permission from your authorized agent to disclose their Personal Information to us for the purpose of acting as your agent.
Non-discrimination. Some state law prohibits discrimination against you because you exercised any your rights under state law, including, but not limited to, by: denying you access to goods or services; charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; providing a different level or quality of goods or services; or suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
Exercising State Privacy Rights. If you are a resident in a state which provides separate privacy rights, and would like to exercise any of your rights, you may do so by contacting us at email@example.com. Please be aware that we will need to have sufficient information to be able to verify your identity and the rights you have in the data subject to your request.
We have in place reasonable safeguards appropriate to the sensitivity of the information we maintain. Safeguards will vary depending on the sensitivity, format, location, amount, distribution and storage of the Personal Information. They include physical, technical and managerial measures to keep Personal Information protected from unauthorized access. Note that due to the nature of the Internet and related technology, we cannot absolutely guarantee the security of Personal Information disclosed over the Internet, and the NantGames Parties expressly disclaim any such obligation.
Our knowing about changes to some of your Personal Information (e.g. email address) may be key to effectively communicating with you at your request. If any of your details change you can update us by e-mailing us at firstname.lastname@example.org. Please keep us informed of changes to your Personal Information.
If you have any questions or concerns about how your Personal Information is handled by the NantGames Parties, please let us know by sending an email or writing to us at email@example.com.
This Policy may change from time to time. Your continued use of this App after we revise this Policy means you accept those changes, so please check this Policy periodically for updates.