Last Updated: March 24, 2023
This policy applies to information we collect:
• On this Website.
• In email, text, and other electronic messages between you and this Website.
• When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.
• It does not apply to information collected by:
o Use offline or through any other means, including on any other website operated by Company or any third party; or
o Any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website
The information we collect on or through our Website may include:
• Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to our service, posting material, or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Website.
• Records and copies of your correspondence (including email addresses), if you contact us.
• Your responses to surveys that we might ask you to complete for research purposes.
No Collection/Processing Of Personal Data
Accordingly, for the purpose of European Union Regulation no. 2016/679 on personal data (the "GDPR") (or any similar legislation if you are located outside of the European Union), WARPFROG is neither a controller nor a processor of personal data.
Additionally, there may be activities you do on the Website in which you would provide us with personal data, such as:
• Filling in forms on our Website, such as when you enter a contest or promotion sponsored by us on the Website or when you report a problem with our Website;
• If you contact us via email, we will receive records and copies of your correspondence and contact information shared during the exchange, (including email addresses); or
• Your responses to surveys that we might ask you to complete for research purposes.
What If We Happen to Collect/Process Personal Data?
In the event that WARPFROG does collect personal data, the following rules would apply:
1. Your consent to share the personal data would have to be expressly obtained.
2. WARPFROG shall clearly explain why it is requesting the data and WARPFROG will obtain only as much information that is strictly necessary for the reason it is being collected.
3. WARPFROG will not transfer your personal data to any other person, unless it is required to do so by a authority duly entitled to make such a request.
4. WARPFROG will not keep your personal data for more than five (5) years after collection.
5. You have the right to request in writing (i) a list of the personal data held by WARPFROG with respect to you, the correction, deletion, limitation to the processing of, the portability/transferability of your personal data, and/or to oppose the processing of your data, or (ii) to lodge a claim in France with the French Commission Nationale de l’Informatique et des Libertés (CNIL / https://www.cnil.fr), or as the case may be with your local personal data protection agency. Please contact us using the Website contact form.
6. WARPFROG is a French société par actions simplifiée with registered office at 4 rue Edith Piaf -Immeuble Asturia C – 44800 Saint-Herblain, France, registered with the Trade and Companies Registry of Nantes, France, under number 848 580 965, as well as at 1700 W. Irving Park Road, Chicago, IL 60613. You may contact the company through its legal representative using the Website contact form.
Rights and Choices Under the CCPA
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Right to Know and Data Portability
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past twelve (12) months (the "right to know"). Once we receive your request and confirm your identity (see Exercising Your Rights to Know or Delete below), we will disclose to you:
· The categories of personal information we collected about you.
· The categories of sources for the personal information we collected about you.
· Our business or commercial purpose for collecting or selling that personal information.
· The categories of third parties with whom we share that personal information.
· If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
o sales, identifying the personal information categories that each category of recipient purchased; and
o disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
o the specific pieces of personal information we collected about you (also called a data portability request).
Right to Delete
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions (the "right to delete"). Once we receive your request and confirm your identity (see Exercising Your Rights to Know or Delete), we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
We will delete or deidentify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action.
Exercising Your Rights to Know or Delete
To exercise your rights to know or delete described above, please submit a request by contacting us using the Website contact form. Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your personal information.
You may only submit a request to know twice within a twelve (12) month period. Your request to know or delete must provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative. The requesting party must also describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.
We will only use personal information provided in the request to verify the requestor's identity or authority to make it.
Response Timing and Format
We will confirm receipt of your request as soon as commercially possible, but please note that you may not receive immediate confirmation.
Our goal is provide a substantive response to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another forty-five (45) days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the twelve (12) month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
· Deny you goods or services.
· Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
· Provide you a different level or quality of goods or services.
· Suggest that you may receive a different level or quality of goods or services.
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.
We do not sell personal information about Website users of any age.
We may collect anonymized information from your play of our games and from your use of our Website. Anonymized information means that it cannot be used to identify any particular user.
This anonymized data may include details of your visits to our Website, including traffic data and the resources that you access and use on the Website.
The information we collect automatically is only statistical data and does not include personal data. We would use such information to analyze and improve our games and support our internal operations, enabling us to:
• Estimate our audience size and usage patterns.
• Speed up your searches.
• Recognize you when you return to our Website.
The technologies we use for this automatic data collection may include:
• Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Options for Controlling Use of Your Information Online (below).
• Web Beacons. Pages of our Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.
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. For information about how you can opt out of receiving targeted advertising from many providers, see Targeted Advertising, below.
How Your Information May Be Used By Us
We use information that we collect about you or that you provide to us, including any personal information that you agree to provide:
• To present our Website and its contents to you.
• To provide you with information, products, or services that you request from us.
• To fulfill any other purpose for which you provide it.
• To notify you about changes to our Website or any products or services we offer or provide through it.
• To allow you to participate in interactive features on our Website.
• In any other way we may describe when you provide the information.
• For any other purpose with your express consent.
We may also use your information to contact you about goods and services that may be of interest to you. If you do not want us to use your information in this way, please see Options for Controlling Use of Your Information Online.
We may use the anonymized information we have collected from you to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
Disclosure of Your Information
We may disclose aggregated information about Website users, and information that does not identify any individual, without restriction. Personal information that you provide to us (if any) may be disclosed to the following:
• To our subsidiaries and affiliates.
• To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of WARPFROG's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by WARPFROG about our Website users is among the assets transferred.
• With your consent and for the purpose(s) outlined by us at the time of collection.
• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of WARPFROG, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Options for Controlling Use of Your Information Online
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
• Promotional Offers from the Company. If you do not wish to receive promotional offers from the Company, to promote our own or third parties' products or services, you can opt out by sending us an email stating your request using our Website contact form. If you provide us with your email address and we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt-out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience, or other similar transactions.
• Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers' target-audience preferences, you can opt out by sending us an email stating your request using our Website contact form.
We do not control third parties' collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.
Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request using our Website contact form. However, please know we do not currently sell data triggering that statute's opt-out requirements.
Use of the Website by Children
Our Website is not intended for children under sixteen (16) years of age or the age of majority in their country of residence, if greater (the "Use Age"). No one under the Use Age may provide any information to or on the Website. We do not knowingly collect personal information from children under the Use Age. If you are under the Use Age, do not use or provide any information on this Website or on or through any of its features. If we learn we have collected or received personal information from anyone under the Use Age without verification of parental consent, we will delete that information. If you believe we might have any information from or about a user under the Use Age, please contact us using the Website contact form.
Accessing And Correcting Your Information
Please contact us using the Website contact form. Postal Address(es): WARPFROG 4 rue Edith Piaf, Immeuble Asturia C 44800 - Saint-Herblain, France or c/o International Management Solutions 1700 W. Irving Park Road - Chicago, IL 60613
If you need to access this Policy in an alternative format due to having a disability, please contact us at any of the above postal addresses or using the Website contact form.