Effective as of June 19, 2023
2. Collection of Information
We collect information directly from you and by automated means as set out below. The type of information that we collect from you depends on your interaction with our Services and platform, but generally includes the below information.
3. Information We Collect from You
A. Account and Registration.
Users may access our App only if they register an Account with us through your Apple ID and Apple Sign In. The personal information shared with us may include your first and last name, email, username, information to confirm your location and/or that you are old enough to use our Services, as well as any information associated with payment processing. We may ask you to submit additional information as part of our prizes. We may also ask you or allow you to submit certain optional information, which may include your updated usernames, preferences, and other profile information.
B. Identification Verification.
We may collect certain personal information, such as first name, last name, shipping address, phone number, and Social Security number, to verify your identity when you deposit or withdraw cash from your account and certain third-party service providers to monitor for fraudulent activity and verify that you can legally participate in competitions and receive prizes.
C. Prizes and Payments.
We collect information to process prize winnings, administer payments, comply with the law (including requiring W9 tax forms when necessary), and maintain records of prizes and payments, which may include your PayPal email, full name, mailing address, Social Security or Taxpayer ID number, and other information necessary to complete a 1099-MISC tax reporting form, and other relevant tax documentation.
We collect and maintain records of customer service and other communications with users including survey responses, questions or comments sent to us (including the nature of the nature of the request, name, and contact information), resumes provided, or other similar activities. This information may be used to enhance the Services or the App, to market to you or others, and to allow us to make appropriate hiring decisions if submitted for that purpose.
E. Usage Data.
We automatically collect information about your use of our Services and the App through cookies, local storage, analytics tools, and other technologies, such as your device ID, location information, device name and model, operating system type, name and version, the length of time that you are using our Services and your activities within our Services ("Usage Data"). We may combine Usage Data with other information that we have collected about you. Please see the section "Analytics and Tracking" below for more information.
F. Interactions and Activities.
We collect information about your activities in the App, such as competitions played, scores, game outcomes, and rankings. We collect your geolocation information for purposes of verifying that you are in state, province, or country where our App and Services are offered, and for our own due diligence and verification purposes.
G. Streaming and Broadcast of Gameplay.
We retain information about and records of your streaming and broadcasting activities related to your gaming as part of competitions or tournaments set up through the App. Additionally, as part of your agreement to the Terms of Service, we may use the footage of your gameplay that you broadcast on Twitch (as part of participating in a competition or tournament), and we may retain such footage, record it, use it, and share it (including on social media) for promotional, marketing, and other purposes associated with our App. If you do not agree to such use, you may not use our App.
We monitor and store all messages that you send and receive through the site. This includes all messages, including those that are sent privately and publicly.
4. Use of Information
We use your information, including your personal information, for the following purposes:
A. Providing and Improving Our Services and site.
To provide and maintain our Services and site; to provide troubleshooting; to improve our Services and site; to develop new features, products, or services; to perform technical operations, such as updating software; and for other customer service and support purposes.
B. Marketing and Communications.
To communicate with you about your account and use of our Services via email and push notifications, including to send you product updates; to respond to your inquiries; to provide you with news and newsletters, special offers, promotions, and other information we think may interest you; and for other informational, marketing, or promotional purposes. Please see the Your Choices section for more information about how to change your communications preferences.
C. Research and Analytics.
To better understand how users’ access and use our Services and play our App, and for other research and analytical purposes, such as to evaluate and improve our services and business operations and to develop additional products, services, and features.
D. Protecting Rights and Interests.
E. Legal Compliance.
To comply with applicable legal or regulatory obligations, including as part of a judicial proceeding; to respond to a subpoena, warrant, court order, or other legal process; or as part of an investigation or request, whether formal or informal, from law enforcement or a governmental authority.
F. General Business Operations.
Where appropriate for the administration of our general business, accounting, recordkeeping, and legal functions. As part of our routine business administration, such as employee training, compliance auditing and similar internal activities.
5. Disclosure of Information
In general, we may share your information, including personal information, as follows:
User scores, achievements, and competition results, as well as username and other user activity within the site may be viewable by other users, such as participation in competitions. Users may also choose to share a game or competition on their personal social media accounts.
B. Service Providers.
We may disclose the information we collect from you to service providers who perform functions on our behalf.
C. Business Transfers.
We may disclose your information to another entity in connection with an acquisition or merger, sale or transfer of a business unit or assets, bankruptcy proceeding, or as part of any other similar business transfer, including during negotiations related to such transactions.
D. Protecting Rights and Interests.
E. Legal Compliance.
We may disclose your information to comply with applicable legal or regulatory obligations, including as part of a judicial proceeding; in response to a subpoena, warrant, court order, or other legal process; or as part of an investigation or request, whether formal or informal, from law enforcement or a government official.
F. Aggregate and De-Identified Information.
We may share aggregate or de-identified information about users with third parties for research, compliance, or other purposes.
6. Analytics and Tracking
Cookies are alphanumeric identifiers that we transfer to your devices hard drive through the Services for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Services and play the App, while others allow us to track your activities in our Services and the App.
B. Local Storage Objects.
We use local storage objects to collect and automatically store information to the local / cached data repository on your device regarding your use of our Services and your preferences, which we use enhance your experience on our Services and the App.
C. Third Party Analytics.
7. European and California Users
If you are a citizen of the European Union ("EU") or the state of California, you may have some or all the following rights with respect to our processing of your personal data:
A. Updating Your Information.
If you would like to update personal information that you have provided to us, you can do so by accessing your Account and editing your profile.
B. Marketing Communications.
You can opt-out of receiving marketing communications from us by clicking "unsubscribe" in any marketing email communications we send you, or by sending an email to firstname.lastname@example.org and by mail to Game Payy, Inc., 1750 N Bayshore Dr, Miami, FL 33132 you opt out of receiving emails about recommendations or other information we think may interest you, we may still send you emails about any Services you have requested or received from us.
C. Additional Rights for the EEA and Certain Other Territories.
If you reside in certain territories (such as the European Economic Area), you may have the right to exercise certain privacy rights available to you under applicable laws. We will process your request in accordance with the GDPR. We may need to retain certain information for record-keeping purposes, legal purposes, and/or to complete transactions that you began prior to requesting any deletion. You can contact our Data Privacy and Protection office by sending email to email@example.com and by mail to Game Payy, Inc., 1750 N Bayshore Dr, Miami, FL 33132D. Right Not to Provide Consent or to Withdraw Consent.
We may seek to rely on your consent to process certain personal information and to render the Services. Where we do so, you have the right not to provide your consent or to withdraw your consent at any time. This does not affect any actions based on consent before its withdrawal.
E. Right of Access.
You may have the right to access the personal information that we hold about you.
F. Right of Erasure.
In certain circumstances, you may have the right to the erasure of personal information that we hold about you (for example if it is no longer necessary for the purposes for which it was originally collected).
G. Right to Object to Processing.
In certain jurisdictions, you may have the right to request that we stop processing your personal information and/or to stop sending you marketing communications.
H. Right to Correct.
You may have the right to require us to correct any inaccurate or incomplete personal information.
I. Right to Restrict Processing.
You may have the right to request that we restrict processing of your personal information in certain circumstances (for example, where you believe that the personal information, we hold about you is not accurate or lawfully held).
J. Exercise of Rights.
If you would like to exercise any of the above rights, please contact us at firstname.lastname@example.org and by mail to Game Payy, Inc., 1750 N Bayshore Dr, Miami, FL 33132 that we may consider your request under applicable law. To protect your privacy and security, we may take steps to verify your identity before complying with the request. You also have the right to lodge a complaint to your local data protection authority at: https://edpb.europa.eu/about-edpb/board/members_en
K. California Privacy Rights.
California Civil Code section 1798.83 requires us to disclose to our California customers, upon request, the identity of any third parties to whom we have disclosed Personal Information within the previous calendar year, along with the type of personal information disclosed, for the third parties direct marketing purposes. Please note that under California law, we are only required to respond to a customer request once during any calendar year. If you are a California resident and would like to make either type of request described above, please contact us at email@example.com and by mail to Game Payy, Inc., 1750 N Bayshore Dr, Miami, FL 33132. CALIFORNIA PRIVACY RIGHTS ADDENDUM
B. Information We Collect. We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). We collect:
Category Examples Collected?
Identifiers A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers YES
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) Including but not limited to name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. YES
Protected classification characteristics under California or federal law. Age (40 years or older), national origin, citizenship, marital status, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information NO
Commercial Information Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. YES
Biometric Data An individual’s physiological, biological, or behavioral characteristics that can be used singly or in combination with each other or with other identifying data, to establish individual identity. Facial recognition technology collects information from your image capture, including biometric data, and shares this information with us, which assists us to verify your ID. YES
Internet or other similar network activity. Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement. YES
Geolocation Data Physical location/movements YES
Audio/visual data Audio, electronic, visual, thermal, olfactory, or similar information, YES
Professional or employment related information. Current or past job history or performance evaluations. NO
Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)) Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. NO
Inferences drawn from other personal information. Profile reflecting a person's preferences, characteristics, predispositions, behavior YES
C. We obtain the categories of personal information listed above from the following categories of sources:
Directly from our Users. For example, from when Users register for our services.
Directly and indirectly from activity on our websites and applications. This includes:
Usage and log information. For example, service-related, diagnostic and performance information. This includes information about your activity on our websites and applications, log files and reports.
Device and connection information. We collect device-specific information such as hardware model, operating system information, browser information, IP address etc.
From third parties that interact with us in connection with the services we perform. We may work with third parties, for example, in order to understand, customize, support and market the services we provide and/or to comply with laws.
To provide and manage the services you request.
To improve customer service and our services.
To process payments.
To personalize user experience.
To contact you about our services.
To send important notices to you.
To comply with our legal and regulatory obligations.
To offer alternative dispute resolution services
E. We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
F. Sharing Personal Information. We may disclose your personal information to a third party for business purposes. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except for performing the contract. We disclose your personal information for a business purpose to the following categories of third parties:
Third parties that interact with us in connection with the services we perform.
We do not sell your personal information, and never will.
G. Your Rights and Choices. The CCPA provides players who are California residents with specific rights regarding their personal information. You have the right to access the personal information we’ve collected about you during the past 12 months and information about our data practice. You also have the right to request that we delete the personal information we have collected from you. Exercising Access and Deletion Rights To exercise the access and deletion rights described above, please submit a verifiable consumer request to us by contacting us as set forth below. Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. If you decide to use an authorized agent, please also include written permission that you have designated that agent to make this request, or proof of the agent’s power of attorney. We may follow up with you to verify your identity before processing your authorized agent’s request. You may also make a verifiable consumer request on behalf of your minor child. For your consumer request to be verifiable, you must: • provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative. You will need to provide: (1) full name (2) date of birth (3) address (4) email address (5) whether you are a California consumer pursuant to CCPA (6) if you would like to know the specific pieces of personal information that we have collected about you, or to delete your personal information; (7) identification that clearly shows your name, date of birth and address (for example, passport or other photo identification); (8) describe your request with sufficient detail that allows us to properly understand, evaluate and respond to it.
H. 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. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
I. Response Timing and Format We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. 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.
J. We will not discriminate against you for exercising any of your CCPA rights.
K. This Notice may be updated from time to time to reflect changes in the way we work or the way our work is regulated. We will notify you of changes by posting changes here, or by other appropriate means.
8. Your Choices
We may send periodic informational emails to you. You may opt out of such communications by following the opt-out instructions contained in the email. If you opt out of receiving emails about recommendations or other information, we think may interest you, we may still send you emails about any Services you have requested or received from us.
Our Services and App are for a general adult audience and are not designed for minors under 18, and we do not intentionally collect information on our Services or App from those we know are under 18. If we discover that a minor under 18 has provided us with personal information, we will delete such information from our systems.
10. Changes to this Policy
11. Advertising Privacy Settings
FOR EU USERS ONLY: When you use our site, pre-selected companies may access and use certain information on your device and about your interests to serve ads or personalized content. You may revisit or change consent-choices at any time by visiting your Account settings or emailing us at firstname.lastname@example.org.
12. Contact Us
If you have questions or concerns about the privacy aspects of our Services, platform, or anything else, or would like to make a complaint, please contact us by email at to email@example.com and by mail to Game Payy, Inc., 1750 N Bayshore Dr, Miami, FL 33132.