Effective Date: January 29th, 2019.
Some of our Services are intended for a general audience and are not directed to children under sixteen (16) years of age in the EU, or if in the U.S. thirteen (13) years of age. However, some of our Services are intended as appropriate for all ages, or in other words a mixed audience of users under sixteen (16) years of age, or if in the U.S. thirteen (13) years of age ("Child" or "Children") and users sixteen (16) years of age, or if in the U.S. thirteen (13) years of age, and over ("Mixed Audience"). For these Services, we screen for user age and provide a version of the Service for those identified as under sixteen (16) years of age, or if in the U.S. thirteen (13) years of age, that does not collect Personal Information as defined by the U.S. Children's Privacy Protection Act ("COPPA") or personal data as defined by the GDPR except in so far as permitted by applicable law.
To the extent we provide you notice on our Service of different or additional privacy policies or practices (e.g., at the point of our collection), those additional terms shall govern such data collection and use.
In addition, please review the Service's Terms of Service, which governs your use of the Service, and includes among other things limits on our liability and your remedies, mandatory arbitration, and waiver of class actions, some of which may or may not apply to you.
Where consent to the collection, use and disclosure of Personal Information is required by applicable law, such consent may be given in various ways. Consent can be express or implied (for example, when you provide Personal Information necessary for a service you have requested or the purpose is obvious). You may be asked to provide your specific consent in some special and specific circumstances where notice has been provided to you about our intentions with respect to your Personal Information and you have not withdrawn your consent for an identified purpose, such as by using an "opt out" option provided, if any. Unless required by applicable law, we will not use or disclose, for any new purpose, your Personal Information that has been collected without first identifying the new purpose and obtaining your consent. Consent may be given by your authorized representative (such as a legal guardian or a person having a power of attorney).
We collect and receive certain information about you as you interact with our Service, explained further in this section. More
We may collect certain Personal Information and Demographic Information that you provide to us when you interact with the Service. For example, we may collect this information through various forms and in various places on the Service, including job application forms, "contact us" forms, and when you otherwise interact with the Service. More
We use your Personal Information, Demographic Information and Usage Information for a variety of purposes detailed in this section including:
Where required by applicable law, we may rely upon a number of legal bases for processing your Personal Information.
We may provide your information to third parties under various circumstances detailed in this section. These may include:
Our service partners may collect Personal Information from you, and such collection and use of your Personal Information shall be in accordance with the privacy policies of the relevant service partner. More
If you request information from third parties, request that we send information to third parties or interact with third-party services, content, ads or tools (including Facebook and other third party services) we may disclose your information to such parties and/or they may collect your information directly. More
Our vendors may collect your information on our behalf or we may disclose it to them so that they may provide services to us and you. Some may offer you choices regarding the collection and use of your information. More
There are a variety of administrative and legal reasons for which we may disclose some or all of your information. More
We may transfer your information with our Affiliates (defined below) or disclose it in the event of a sale, merger or similar transaction. More
Promotions entrants may be required to consent to certain information sharing or disclosure. More
We do not share Personal Information as defined by California Civil Code Section 1798.83 ("Shine the Light law") collected by us on the Service with third parties for their direct marketing purposes absent your consent, except Affiliates (defined below). More
We may allow you to access third-party content on the Service, or to link to or interact with third-party applications and locations from the Service, but we are not responsible for third-party content, apps, and locations. More
We and third parties may send you targeted ads based on your location, information and/or behavior, subject to restrictions under COPPA or other applicable law for Children on Mixed Use Services. If you object, do not use our Service and/or exercise choices some third parties may offer. More
You may change certain account information and communications preferences as fully detailed in this section. More
To the extent required by applicable law, you consent to your data being transferred to the United States and Canada, which have different data protection laws than other countries. More
You may have certain rights under applicable law regarding your Personal Information. More
We do not intend to collect Personal Information from Children, except as permitted by applicable law. If you think we have, let us know. California minors have certain content removal rights. More
No data security is absolute, but we maintain appropriate technical and organizational safeguards to protect your Personal Information. More
You may contact us to make a query, raise a concern or exercise your rights under applicable law. More
This Usage Information may include:
Tracking Technologies. We may use various methods and technologies to store or collect Usage Information ("Tracking Technologies"). Tracking Technologies may set, change, alter or modify settings or configurations on your Device. The Apps may also receive signals from and otherwise interact with Tracking Technologies that exist in the physical world (e.g., iBeacons, wifi, and Bluetooth Low Energy at retail locations, discussed below). A few of the Tracking Technologies include, without limitation, the following (and subsequent technology and methods later developed):
Cookies. A cookie is a data file placed on a Device when it is used to visit the Service. A Flash cookie (or locally shared object) is a data file placed on a Device via the Adobe Flash plug-in that may be built-in to or downloaded by you to your Device. HTML5 cookies can be programmed through HTML5 local storage. To identify local shared objects on your computer and adjust your settings, please visit: www.macromedia.com
Web Beacons. Small graphic images or other web programming code called web beacons (also known as "1x1 GIFs" or "clear GIFs") may be included in our Service's pages and messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a page or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Service, to monitor how users navigate the Service, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed.
Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Service, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third party service provider, is active only while you are connected to the Service, and is deactivated or deleted thereafter.
Browser Fingerprinting. Collection and analysis of information from your Device, such as, without limitation, your operating system, plug-ins, system fonts and other data, for purposes of identification.
ETag, or Entity Tag. A feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL. If the resource content at that URL ever changes, a new and different ETag is assigned. Used in this manner ETags are a form of UID. ETag tracking may generate unique tracking values even where the consumer blocks HTTP, Flash, and/or HTML5 cookies.
Recognition Technologies. Technologies, including application of statistical probability to data sets, which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices is the same user).
Location-identifying Technologies. Additionally, the Services may use GPS (global positioning systems) software and other location-based technologies such as iBeacons to locate you so we may verify your location, deliver you relevant content based on your location, as well as allow you to share your location to other users as part of the services we provide via the Services. Upon downloading the App, we provide location-based services to your approximate and/or exact location information. In addition to traditional GPS location-based services, some of the retailers and others we work with may install low power Bluetooth, wifi, radio transmitters, or other devices in physical locations, which emit a signal that the App can detect to pinpoint your location or otherwise interact with the App ("iBeacons"). Because iBeacons are more precise than GPS, we can improve the Services such as to send you more specific and relevant messages and offers. In addition, you may be able to send your location information via the Services to other Services users. You should consider the pros and cons involved in disclosing your location information to us and to other people. Where a user of the Services requests that their location information be revealed to other persons, the user will be provided options for managing sharing services, which may be through third party services such as through Twitter and Facebook. We are not responsible for the acts, omissions or policies of such third parties.
There may be other Tracking Technologies now and later devised and used by us in connection with the Service.
Tracking Technologies Usage. We may use Tracking Technologies for a variety of purposes, including:
Strictly Necessary. We may use Tracking Technologies that we consider are strictly necessary to allow you to use and access our Service, including cookies required to prevent fraudulent activity, improve security or allow you to make use of shopping cart functionality.
Functionality Related. We may use Tracking Technologies that are required to offer you enhanced functionality when accessing the Service, including identifying you when you sign in to our Service or keeping track of our specified preferences, including in terms of the presentation of content on our Service.
Tracking Technologies Choices and Consent. We are giving you detailed notice of the Tracking Technologies and your limited choices regarding them so that your consent is meaningfully informed.
Regular cookies may generally be disabled or removed by through your device settings or tools that are available as part of most commercial browsers, and in some but not all instances can be blocked in the future by selecting certain settings. Each browser you use will need to be set separately and different browsers offer different functionality and options in this regard. Also, these tools may not be effective with regard to Flash cookies or HTML5 cookies or other Tracking Technologies. For information on disabling Flash cookies go to Adobe's website https://helpx.adobe.com/flash-player/kb/disable-third-party-local-shared.html. Please be aware that if you disable or remove these technologies some parts of our Services may not work and that when you revisit our Services your ability to limit browser-based Tracking Technologies is subject to your browser settings and limitations. Further, some Tracking Technologies in connection with non-browser usage (e.g., most functionality of the App) can only be disabled by uninstalling the App. To uninstall an app, follow the instructions from your operating system or handset manufacturer. For information on third party Tracking Technologies and browser Do Not Track signals, see the next section.
Also, various third parties are developing or have developed signals or other mechanisms known as "Do Not Track signals". There is not yet an industry consensus as to what sites and app operators should do with regard to these signals. Accordingly, we do not monitor or take any action with respect to these signals or other mechanisms, though we may consider doing so if an understandable and practical standard is developed and widely adopted.
You may send someone else a communication from the Service, such as sending an invitation to a friend. If so, the information you provide (names, e-mail addresses, etc.) is used to facilitate the communication and is not used by us for any other marketing purpose unless we obtain consent from that person or we explicitly say otherwise. Please be aware that when you use any send-to-a-friend functionality on our Service, your contact information, name or user name and message may be included in the communication sent to your addressee(s), except when sent by identified Children on Mixed Use Services, in which case the Child's full name and e-mail will not be disclosed to the recipient. If you send a message to a friend, you represent and warrant to us that you have either obtained the express consent of this friend to do so or that you have a family relationship or a personal relationship with this friend. A "family relationship" means that you are related to this individual through a marriage, common-law partnership or a legal parent-child relationship and have had had direct, voluntary, two-way communication with this individual. A "personal relationship" means that you have had direct, voluntary, two-way communications with this individual and it would be reasonable to conclude that you have a personal relationship with this individual, taking into consideration factors such as the sharing of interests, experiences, opinions and information evidenced in the communications, the frequency of communication, the length of time since you communicated or whether you have met in person. Some of these tools may be third-party tools subject to third-party privacy policies as further detailed in Section 1(d) and Section 6.
Interest-Based Advertising and Location-Based Services. As permitted by applicable law, including COPPA, we may also use your Personal Information, Demographic Information or Usage Information that we collect about you: (1) to specifically target relevant advertisements or content to you; (2) to understand the usefulness to you of the advertisements or content that have been delivered to you; and (3) when you comment on or add content to the Services. Further, we may use your location information (including proximity to Tracking Technologies existing in the physical world that the App interacts with, for example iBeacons in a retail store) to enable or verify certain actions, as permitted by applicable law, including COPPA. For more on advertising, and your choices regarding it, see Section 7 below. However, we will not serve behavioral advertising (ads based on user profiles built by tracking user activities across sites and services) to identified Children on Mixed Use Services, though we may serve other ads as permitted by applicable law. Further information on this is found in Section 10 below.
Contact Us. Please note that information submitted to any of the Services via a "contact us" form or other similar customer inquiry function may not receive a response. We will not use the information provided by you in a customer inquiry communication to contact you for marketing purposes unrelated to your request unless you agree otherwise.
Use of Information for Recruitment Purposes. Where you have provided us with Personal Information or Demographic Information as part of an online application for employment or internship, we may use that information in order to allow us to make an informed decision about whether to proceed with your application. We may, as part of this recruitment process, collect information about your education, employment history and similar matters. Where this Personal Information or Demographic Information is considered to be sensitive, you expressly consent to our processing of this information for recruitment purposes by submitting it to us.
Where required by applicable law, we may rely upon a number of legal bases for processing your Personal Information, including:
Our service partners may collect Personal Information from you, and such collection and use of your Personal Information shall be in accordance with the privacy policies of the relevant service partner.
You may be presented with an option on our Service to receive certain information and/or marketing offers directly from third parties or to have us send certain information to third parties or give them access to it. If you choose to do so, your Personal Information and other information may be disclosed to such third parties and all information you disclose will be subject to the third-party privacy policies and practices of such third parties. In addition, third parties may store, collect or otherwise have access to your information when you interact with their Tracking Technologies, content, tools apps or ads on our Service or link to them from our Service. This may include using third-party tools such as Facebook, Twitter, Pinterest or other third-party posting or content sharing tools and by so interacting you consent to such third-party practices. We are not responsible for the privacy policies and practices of such third parties and, therefore, you should review such third-party privacy policies and practices of such third parties prior to requesting information from or otherwise interacting with them.
We may use third-party vendors to perform certain services on behalf of us or the Service, such as hosting the Service, designing and/or operating the Service's features, tracking the Service's activities and analytics, and enabling us to send you special offers or perform other administrative services. We may provide these vendors with access to user information, including UIDs and Personal Information, to carry out the services they are performing for you or for us. However, for Personal Information of identified Children, if we do, we will require that they restrict its use as required by COPPA (e.g., use for our and their internal operations purposes as permitted by COPPA). Certain service providers may be located outside the United States and Canada and your Personal Information may be transferred to these other jurisdictions and become subject to the laws of such foreign jurisdictions, including those that may grant access to your Personal Information to the authorities of such foreign jurisdictions.
To the fullest extent permitted by applicable law, we may also disclose your information if we believe in good faith that doing so is necessary or appropriate to: (i) protect or defend the rights, safety or property of Ludia or third parties (including through the enforcement of this Policy, our Terms of Service , and other applicable agreements and policies); (ii) comply with legal and regulatory obligations (e.g., pursuant to law enforcement inquiries, subpoenas or court orders); or (iii) as otherwise required or permitted by law. To the fullest extent permitted by applicable law, we have complete discretion in electing to make or not make such disclosures, and to contest or not contest requests for such disclosures, all without notice to you.
We may transfer your information, including your UIDs and Personal Information, Demographic Information and Usage Information to our parent, subsidiaries and affiliates ("Affiliates") provided that for Canadians, this will be limited to Affiliates acting as service providers to us for the purposes of providing you with the Services, subject to applicable law absent your consent. We also reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the Service or applicable database; or (ii) in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets or other corporate change; including, in either case, during the course of any related due diligence process.
We may offer sweepstakes, contests, and other promotions (any, a "Promotion") through the Service that may require registration. By participating in a Promotion, you are agreeing to official rules that govern that Promotion, which may contain specific requirements of you, including, allowing the sponsor of the Promotion to use your name, voice and/or likeness in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion's official rules, such as on a winners list. Promotions on Mixed Use Services will comply with applicable COPPA requirements.
We do not share Personal Information as defined by California Civil Code Section 1798.83 ("Shine The Light") collected by us on the Service with third parties for their direct marketing purposes absent your consent, except Affiliates.
If you are a California resident, you may request further information about our compliance with the Shine the Light law by contacting us at email@example.com or by sending a letter to:
Attention: California Privacy Rights Request
410 St-Nicolas Street,
Montreal, QC, H2Y 2P5
The Service may contain content that is supplied by a third-party, and those third parties may collect Usage Information and your UID when such content is served to you. In addition, when you are on the Service you may be directed to other services that are operated and controlled by third parties that we do not control. We are not responsible for the data collection and privacy practices employed by any of these third parties or their services and they may be tracking you across multiple sites and may be sharing the results of that tracking with us and/or others. For example, if you "click" on a link, the "click" may take you off the Service onto a different site. These third-party services may associate their Tracking Technologies with you, independently collect data about you, including Personal Information, serve you their own ads, have practices that differ from ours and may or may not have their own published privacy policies.
Third-party applications may also be available via the Service. The owners of these applications ("Third-Party Owners") may collect Personal Information and other data from you and may have their own policies and practices differing from ours; however, we restrict access for identified Children on Mixed Use Services. We are not responsible for how Third-Party Owners or their applications collect or use your information and they may be tracking you across multiple sites and may be sharing the results of that tracking with us and/or others. These Third-Party Owners may have their own terms of service, privacy policies or other policies and ask you to agree to the same. We are not responsible for these third-party privacy policies or the practices of Third-Party Owners. Be sure to review any available policies before submitting any personally identifiable information to a third-party application or otherwise interacting with it and exercise caution in connection with these applications.
We also encourage you to note when you leave our Service and to review the third-party privacy policies of all third-party locations and exercise caution in connection with them.
The Service may use third parties such as network advertisers and ad exchanges to serve you ads, including interest-based ads, on the Service or to serve you ads, including interest-based ads, on third-party services after you leave our Service, and we may use third-party analytics and other service providers to evaluate and provide us and/or third parties with information about the use of the Service and viewing of ads and of our content. "Interest-based ads" are behavioral ads targeted to you based on your activities across third-party sites and across time, including retargeting of ads after you have left our Service and are on a third-party service. Network advertisers are third parties that display advertisements, which may be based on your visits to the Service and other apps and sites you have visited. Third-party ad serving enables us to target advertisements to you for products and services in which you might be interested. You can avoid receiving ads in connection with our Services by not using the Services and by uninstalling our Apps. You may use the standard uninstall process as may be available as part of your applicable Device or potentially via the appropriate application or app marketplace. In addition, some third parties that serve Interest-based ads via mobile apps may offer your choices regarding such practices and their Tracking Technologies. Some may offer a Device-based opt-out option via a downloadable app available at: https://www.aboutads.info/appchoices. We are not responsible for this app, including without limitation its accuracy or limitations, or any representations made in connection with it.
However, on Mixed Use Services we will either not serve Interest-based ads at all, or take measures to restrict them to non-Children, though we may serve other ads as permitted by COPPA (e.g., run of service ads, contextual ads, etc.) or other applicable law. Further information on our policies for Children is found in Section 10 below.
The Service's third-party ad network and exchange providers, the advertisers, the sponsors and/or traffic measurement services may themselves set and access their own Tracking Technologies on your Device and track certain behavioral Usage Information regarding users of your Device via a UID. These third-party Tracking Technologies may be set to, among other things: (a) help deliver advertisements to you that you might be interested in; (b) prevent you from seeing the same advertisements too many times; and (c) understand the usefulness to you of the advertisements that have been delivered to you. You acknowledge and agree that associated technology may access and use your Device and may set or change settings on your Device in connection with the associated operations. Note that any images (or any other parts of content) served by third parties in association with third-party ads or other content may serve as web beacons, which enable third parties to carry out the previously described activities. Further information on third-party tracking and Do Not Track is found in Section 1(b) above.
Authorized employees, agents and representatives will have access to your Personal Information we collect, which will be maintained at our offices or on our servers or those of our service providers. We take reasonable steps to protect Personal Information against loss or theft, or unauthorized access, use, modification or disclosure. You are responsible for maintaining the accuracy of the information you submit to us. The Service may allow you to review, correct or update Personal Information you have provided through the Service's forms or otherwise. To the extent required by applicable law, you may request access to your Personal Information and request updates, corrections and changes to your Personal Information by contacting us at firstname.lastname@example.org. If you request changes, we will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable (but we may retain prior information as business records) and in compliance with applicable law.
You may have certain rights under applicable law regarding your Personal Information. Subject to certain conditions, you may ask us to take the following actions in relation to your Personal Information that we hold:
You can submit these requests by email to email@example.com or our postal address provided below. We may request specific information from you to help us confirm your identity prior to processing your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions. If you would like to submit a complaint about our use of your personal data or our response to your requests regarding your personal data, you may contact us at firstname.lastname@example.org or submit a complaint to the data protection regulator in your jurisdiction. You can find information about your data protection regulator here.
Many of our Services are intended for a general audience and not directed to Children (i.e., under sixteen (16) years of age in the EU, of if in the U.S. under thirteen (13) years of age). Other of our Services are what we refer to as Mixed Use Services, and are intended for both Children and older users. We do not intend to collect Personal Information as defined by the U.S. Children's Privacy Protection Act ("COPPA") ("Children's Personal Information") or the GDPR in a manner that is not permitted by applicable law. If you are a parent or guardian and believe we have, please contact us at email@example.com and we will remove such data to the extent required by applicable law.
For these Mixed Use Services, we screen for user age and provide a version of the Service for those identified as under sixteen (16) years of age in the EU, or if in the U.S. thirteen (13) years of age, that does not collect Children's Personal Information except as permitted by applicable law. Without limitation, we will either not serve Interest-based ads (ads based on user profiles built by tracking user activities across sites and services) on Mixed Use Services, or do so in a manner that limits Interest-based ads to users identified as non-Children. If you are a parent or guardian and believe your child under sixteen (16) years of age in the EU, or if in the U.S. thirteen (13) years of age has misidentified his or her age on a Mixed Use Services, or that we have otherwise collected and/or are using Children's Personal Information in a manner not permitted by applicable law, please contact us at firstname.lastname@example.org and we will discontinue that account, or convert it to a Children's version, and remove associated Children's Personal Information to the extent required by applicable law.
Any California residents under the age of eighteen (18) who have registered to use the Service, and who posted content or information on the Service, can request removal by contacting Ludia at email@example.com, detailing where the content or information is posted and attesting that you posted it. Ludia will then make reasonable good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified to the extent required by applicable law. This removal process cannot ensure complete or comprehensive removal. For instance, third parties may have republished or archived content by search engines and others that Ludia does not control.
We may also offer subsections of our general audience Services that are identified as for Children (e.g., "KIDS GAMES"), and on such special subsections of our Service we will limit our data collection and use activities to comply with the obligations of COPPA for Child-directed services.
Parents may want to consider commercially available parental control protections to limit what minors can access online and/or monitor their minor children's online activities. Examples include: www.netnanny.com ; www.webwatcher.com and www.sentrypc.com. We do not endorse these or other services and are not responsible for them.
We maintain appropriate technical and organizational reasonable safeguards to help protect and secure your Personal Information. However, no data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Although we use reasonable efforts to safeguard Personal Information, we cannot guarantee the security of any information obtained through and you use our Service.
The data controller for your Personal Information is Ludia, Inc., which you may contact by via email at firstname.lastname@example.org, by phone at +1-514-313-3370 ext 201, or at the following address:
RE: GDPR Privacy
410 St-Nicolas Street, Suite 400
Montreal, Quebec H2Y 2P5
You may contact our Data Protection Officer via email at DPO@ludia.com, by phone at +1-514-313-3370 ext 201, or at the following address:
ATTN: EU Data Protection Officer
410 St-Nicolas Street, Suite 400
Montreal, Quebec H2Y 2P5
©2019 Ludia, Inc. All Rights Reserved.