GAMEFAM PRIVACY NOTICE

Welcome to Gamefam, a leading metaverse game developer and publisher that creates connected experiences with gaming communities and well-known brands. This Privacy Notice describes the privacy practices of Gamefam, Inc. (“Gamefam,” “us” or “Welcome to Gamefam, a leading metaverse game developer and publisher that creates connected experiences with gaming communities and well-known brands. This Privacy Notice describes the privacy practices of Gamefam, Inc. (“Gamefam,” “us” or “we”). You are encouraged to read this Privacy Notice carefully to understand our practices. We may provide additional notices about our privacy practices, each of which will be considered to form part of this Privacy Notice. 

NOTE: GAMEFAM GAMES DO NOT COLLECT PERSONAL INFORMATION FROM PLAYERS. PLEASE DIRECT QUESTIONS ABOUT PLAYER PRIVACY TO THE GAMING PLATFORM YOU USE.

If you have questions about our privacy practices or would like to make a complaint, please contact us at privacy@gamefam.com. 

1. CONSENT

This Privacy Notice addresses our privacy practices relating to our website at gamefam.com and other online channels we own or operate (collectively, the “Site”), GameFam games and connected experiences (our “Games”), and your interactions with us through any means.  

When you visit the Site, purchase or play a Game, or interact with Gamefam, you consent to the collection and use of your information as described in this Privacy Notice. If you do not agree with this Privacy Notice, do not access the Site, play our Games, or interact with us. 

2. PERSONAL INFORMATION

When we say, “Personal Information,” we mean information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual consumer or device, such as:

a. Identifiers (e.g., name, email, telephone number, address, username); 

b. Sensitive Personal Information (e.g., government identification number; precise geolocation; racial or ethnic origin; religious beliefs; health information; contents of messages when we are not the recipient; in some cases, information about a known child);

c. Legally protected information (e.g., race, citizenship, marital status, sex);

d. Employment-related information (e.g., current or past employment);

e. Non-public educational information, including information protected under the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g, 34 C.F.R. Part 99);

f. Biometrics (e.g., DNA, face/voice prints, health data) and audio, electronic, visual, thermal, or olfactory information;

g. Commercial information (e.g., products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies); 

h. Internet or other similar activity (e.g., browsing history; content interactions); and

i. Inferences drawn from Personal Information to create a profile about preferences, characteristics, trends, predispositions, behavior, attitudes, intelligence, and aptitudes. 

Note that information may not be protected by privacy laws if it is: (i) publicly available (ii) aggregated, meaning data about a group or category of services or users from which individual identities and other Personal Information has been removed; or (iii) deidentified so that it cannot be easily linked back to the individual.

3. OUR GAMES DO NOT COLLECT PERSONAL INFORMATION

Gamefam does not collect any Personal Information when you play our Games. Gamefam operates a network of Games on Roblox, Epic, Fortnite, and other gaming platforms (each a “Platform”). Our Games are only available for play on Platforms, subject to the privacy practices of the Platform. Gamefam has no control over a Platform’s collection or use of your Personal Information. 

Please note that this Privacy Notice does not apply to the Platforms that offer our Games for download, purchase, or play. You are encouraged to read the Platform’s privacy statement to learn more about its privacy practices. Please contact the Platform with questions about your gaming privacy.

4. CHILDREN’S PRIVACY

Our Games do not collect Personal Information from any player of any age. To visit our Site or interact with us, you must be at least 16 years of age. We do not knowingly collect Personal Information from children under 16. If we discover that a child under 16 has provided us with Personal Information, we will delete their information from our systems. If you believe we might have any information collected online from a child under 16, or if you become aware of any unauthorized submission of information to Gamefam, please contact us at privacy@gamefam.com. 

5. COLLECTION AND USE OF PERSONAL INFORMATION

For the most part, Gamefam collects Personal Information only when you give it to us or, in some cases, from your interactions with the Site in our role as a data controller or business. We only collect and use Personal Information as reasonably necessary and proportionate to the purposes described in this Privacy Notice. 

Gamefam collects identifiers, commercial information, and internet of similar activity from Site visitors and other interactions with consumers. We collect this Personal Information directly from you with your consent and indirectly from your use of the Site to achieve one or more legitimate interests, as described below:

a. Your communications with Gamefam. If you submit a contact form via our Site, request support, apply for a job with us, or contact us by any other means, we will collect your name, email, and other information as necessary to respond to your communication. We use this information for the purposes stated at the time of collection, to improve our games and other services, and to communicate with you according to your preferences.

b. Cookies and Related Technologies. Like most websites, our Site uses cookies to enable certain features and help us to improve Gamefam’s online presence. We collect data from cookies, some of which may be considered Personal Information, to achieve our legitimate interest in administering and improving the Site. The Site currently uses the following cookies:

• Cookie: Squarespace

• Category: Analytics

• Purpose: Collects data to understand how visitors interact with the Site. Read more about these cookies at Squarespace. 

• Cookie: Google Analytics

• Category: Analytics

• Purpose: A set of cookies to collect data and report Site usage statistics without personally identifying individual Site visitors. Read more under the Analytics heading in this article about Google Analytics cookies.

You can delete cookies that load to your device. You can also change the cookie settings on your device or install a third-party cookie plug-in to block certain cookies or alert when the Site attempts to install a cookie on your device.  

d. Data received from Platforms. Our Games do not collect Personal Information from players. Platforms that offer our Games may provide Gamefam with data relating to player experience. For example, we may receive a randomly generated player ID, along with the language and country location of the player, and technical data about the player’s Gameplay experience. Gamefam cannot use this data to access to receive Personal Information about the player.  We collect this data to achieve our legitimate interest of understanding and improving our Games. The Platform provides this data to Gamefam as part of the Platform’s privacy practices. Please contact the Platform with questions or concerns.

Gamefam uses the Personal Information we collect to achieve the purposes stated at the time of collection or described in this Privacy Notice. Additionally, we may use your Personal Information to: (i) protect your privacy and enforce this Privacy notice; (ii) monitor your compliance with any of your agreements with us; (iii) comply with a law, regulation, legal order, or court order; (iv) if we believe it is necessary, identify, contact or bring legal action against persons or entities who may be causing injury to you, to Gamefam, or to others; or (v) comply with a law, regulation, legal process, or court order.

6. DISCLOSURES OF PERSONAL INFORMATION

Gamefam discloses Personal Information to certain third parties to achieve our business purposes. As part of our commitment to your privacy, we will only disclose Personal Information as described in this section, with your permission, or as required by law. In the preceding 12 months, we have disclosed Personal Information from all categories of collection to one or more of the following recipients:

a. Service Providers. Gamefam uses a variety of service providers such as data storage providers, analytics services, and email services. The type of information that we disclose to a service provider will depend on the service that they provide to us. Our service providers are subject to contractual agreements that protect your Personal Information, and we require all service providers to maintain confidentiality standards that are commercially reasonable to ensure the security of your Personal Information.

b. Law enforcement, and other governmental agencies, as permitted or required by law.

c. Other third parties, as permitted by applicable law, for example: if we go through a business transition (e.g., merger, acquisition, or sale of a portion of our assets); to comply with a legal requirement or a court order; when we believe it is appropriate in order to take action regarding illegal activities or prevent fraud or harm to any person; to exercise or defend our legal claims; or for any other reason with your consent.

d. Aggregated and Deidentified Information. We reserve the right to share aggregated, anonymized, or de-identified information about any individuals with nonaffiliated entities for marketing, advertising, research, or other purposes, without restriction.

e. Gamefam does not sell your Personal Information. Gamefam does not disclose Personal Information to third parties in exchange for monetary or other valuable consideration. 

f. Gamefam does not share your Personal Information. We will not share your Personal Information with third parties for cross-platform marketing purposes. 

7. PERSONAL INFORMATION RETENTION 

We retain the Personal Information we collect about you for the minimum period necessary. For example, if you contact us with a question about a Game or to request customer support, we will delete your Personal Information after responding to your inquiry. If you apply for a job with Gamefam, we only keep your application and related materials until the position is filled unless you ask us to keep your materials on file for future job openings. When we no longer have a business need for your Personal Information, we will either delete, de-identify, or anonymize it whenever feasible. Where not feasible (such as data in our backup archives) we will securely store it and keep it isolated from further processing until it can be permanently deleted.

8. YOUR PRIVACY CONTROLS

You can directly control the use of your Personal Information by Gamefam via these methods:

a. Emails. If you join a Gamefam mailing list, you may receive informational or marketing emails from us about the Site, our Games, or our other offerings. You can unsubscribe from future emails by clicking the Unsubscribe link found in any of the emails we send you, or by contacting us at privacy@gamefam.com to request to be removed from the mailing list.

b. Device Settings. You can control the data we collect through cookies and related technologies by adjusting your device settings.

c. Block Location Tracking. You can stop all collection of precise location data through an application by uninstalling the application or withdrawing your consent through your device settings. You can also reset your device Ad Id at any time through your device settings, which is designed to allow you to limit the use of information collected about you. 

d. Do Not Track. Do Not Track signals are signals sent through a browser informing us that you do not want to be tracked. Currently, our systems do not recognize browser “do-not-track” requests. If this changes in the future, we will update this Privacy Notice.

e. Privacy Requests. Players can exercise their privacy rights by contacting the Platform used to play our Games. Gamefam cannot fulfill requests or answer questions related to privacy and Gameplay. If you have questions about your Personal Information collected through our Site, please send an email to privacy@gamefam.com. 

f. Texting. If you provide us with your wireless phone number, you consent to Gamefam sending you informational or service text messages. The number of texts you receive will depend on the information you request from us and how you interact with us. You can unsubscribe from our text messages by replying STOP or UNSUBSCRIBE to any of these text messages. Messaging and data charges may apply to any text message you receive or send. Please contact your wireless carrier if you have questions about messaging or data charges.

9. NOTICE OF PRIVACY RIGHTS

This section provides notices related to consumer privacy laws. Some of these laws may not apply to you or Gamefam may be exempt from certain legal obligations, in which case the information in this section is offered as a courtesy. Check with the Platform you use to learn about your privacy rights related to Gameplay. 

Depending on where you live, your rights over your Personal Information may include some or all of the following:

a. Right to know. Gamefam provides the required information for a consumer’s right to know in this Privacy Notice. We may provide you with additional notices about other ways we process your Personal Information, such as by sending you a notice via email or posting information in a Game.

b. Right to reasonable expectations. You can expect Gamefam to collect, use, or disclose the Personal Information responsibly and not for any other purpose other than as stated at the time of collection or described in this Privacy Notice. If we collect or use your Personal Information based on your consent, we will also notify you of any changes and will request your further consent as required by law. You may withdraw your consent at any time with reasonable notice by contacting privacy@gamefam.com.

c. Right to accuracy, and the right to correct your Personal Information. You can correct or update your Personal Information held by Gamefam by contacting privacy@gamefam.com. We will update our records to reflect your accurate information.

d. Right to access your Personal Information. Gamefam will provide you with a copy of your Personal Information held by us upon your request and where required by law, along with details about the types of Personal Information we process, why we process it, and any third parties we work with to collect Personal Information on our behalf. Certain laws may limit the scope or frequency of requests we must fulfill.   

e. Right to deletion. Upon your request and when required by law, we will delete your Personal Information from our systems. This right is not absolute, and we may be entitled to retain and process your Personal Information despite your request. If you make this request, we balance certain legal, contractual, and business interests against your right to request the deletion of your Personal Information.

f. Right to data portability. In some cases, we are required to provide your Personal Information to another organization at your request and in a structured, commonly used machine-readable format, so that the other organization can read and use it.

g. No selling or sharing Personal Information. Some jurisdictions entitle consumers to opt out of the sale or sharing of their Personal Information or targeted advertising practices. Gamefam does not sell your Personal Information or share your Personal Information with third parties for cross-contextual behavioral advertising purposes. 

h. Limited use and disclosure of sensitive Personal Information. Gamefam does not collect sensitive Personal Information, and in no case will Gamefam use or disclose sensitive Personal Information for the purpose of inferring characteristics about a consumer. 

i. Right to non-discrimination. If you reside in a jurisdiction that extends a right to non-discrimination related to the exercise of privacy rights, we will not (i) deny you goods or services, (ii) charge you different prices or rates for goods or services, (iii) provide you a different level or quality of goods or services, (iv) retaliate against you as an employee, applicant for employment, or independent contractor; or (v) suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services, because you exercised your statutory right unless permitted by law.

j. Right to disclosure of certain information. You may have a right to request information about how we collect and use your Personal Information, such as (i) the categories of Personal Information we have collected about you; (ii) the categories of sources for the Personal Information we have collected about you; (iii) our business purpose for collecting, using, disclosing, or selling that Personal Information, as applicable; and (iv) the categories of third parties with whom we disclose that Personal Information. Gamefam does not sell or share your Personal Information, but if we did you could request two separate lists stating: (a) sales, identifying the Personal Information categories that each category of recipient purchased; and (b) sharing for a business purpose, identifying the Personal Information categories that each category of recipient obtained. Certain laws may limit the number or frequency of requests we must fulfill.    

k. Right to not be subject to automated decision-making and the right to opt out of profiling. Gamefam does not use automated decision-making or any form of automated processing of Personal Information to evaluate, analyze, or predict your performance, preferences, choices, or behavior. 

l. Right to restrict processing. You may have the right to request that we restrict the processing of your Personal Information if (i) the data is inaccurate, (ii) the processing is unlawful, (iii) we no longer need the Personal Information, or (iv) you exercise your right to object. Your right to restrict may be limited to Personal Information that is sensitive in nature, or that is sold or shared for certain purposes.

m. Right to object. You may have the right to request, under certain circumstances and where we are required to do so by law, that we limit our processing of your Personal Information as you request. 

n. Right to disclosure of marketing information. If you are a resident of the State of California, California’s Shine the Light Act (Civil Code sections 1798.83-1798.84) entitles California consumers to request certain disclosures regarding Personal Information sharing with affiliates and/or third parties for marketing purposes.

o. Health Data Rights. Gamefam does not collect any health data. Some laws entitle consumers to certain details about health data collected about them, including (i) confirmation of whether the entity collects, shares, or sells the consumer’s health data and access that data, including a list of all third parties and affiliates with whom the entity has shared or sold the health data and a method to contact those third parties, (ii) a method to withdraw consent related to use of health data, and (iii) the right to have their health data be deleted. 

10. CROSS-BORDER DATA TRANSFERS

Gamefam is owned and operated in the United States. If you access or use the Site or interact with us from outside of the United States, the Personal Information we collect about you may be transferred to our servers in the United States. This may require the transfer of your Personal Information out of your country of origin with laws governing data collection and use that may differ from or be more restrictive than U.S. law, or may result in governments, courts, law enforcement, or regulatory agencies having access to or obtaining disclosure of your Personal Information pursuant to the laws of the applicable foreign jurisdiction. Gamefam is committed to transferring Personal Information using a lawful data transfer mechanism. By allowing us to collect Personal Information about you, you consent to the transfer and processing of your Personal Information as described in this paragraph. 

11. LINK TO THIRD-PARTY WEBSITES

This Privacy Notice applies only to information collected by Gamefam. We may provide links to third-party websites from the Site for your convenience, but we have no ability to control, and we are not responsible for, the privacy and data collection, use, and disclosure practices of third-party websites. Any access to and use of linked websites is not governed by this Privacy Notice, but instead is governed by the privacy policies of those websites. We encourage you to review and understand the privacy notices of thid-party websites before providing them with any information.

12. SOCIAL NETWORKS

If you access the Site from a social networking website, we may receive Personal Information about you from such social networking website, as governed by the terms of use and privacy policy of that website. We may retain this Personal Information with the information we collect from you by other means. Your use of social networks via a link from the Site is entirely optional and subject to the privacy policy and terms of use of the social networking website you choose to use.

13. DATA SECURITY

Gamefam has implemented and maintains reasonable technical, organizational, and physical measures in place to help protect your information from unauthorized access, processing, or disclosure. Our security measures are appropriate to the volume, scope, and nature of the Personal Information we process and are designed to meet our duty of care with respect to your Personal Information. Please note, however, that no transmission of data over the Internet is 100% secure, and we cannot guarantee that unauthorized third parties will not defeat our security measures or use your Personal Information for improper purposes. 

14. UPDATES

Gamefam may update this Privacy Notice from time to time. You can see when this Privacy Notice was last updated by checking the “last updated” date displayed at the top of this page. We will collect your consent to these changes to the extent required by applicable law. Your continued use of the Site, our Games, or other products or services we offer following such an update will be deemed your acceptance of the updated Privacy Notice.