Effective Date: April 23rd, 2019
Introduction and Overview
If you are using the App and are located in the European Economic Area, different privacy practices apply; please refer to the App’s EU Privacy Notice.
- The App is directed and tailored for users who are aged sixteen (16) and older. When you download, register for, play, or otherwise use the App you represent to us that you are sixteen years old or older. Click here for details.
- Tracking and Targeting:
- We ask you for, and use Tracking Technologies (defined below), to detect information; and third parties may also do so in connection with our App. Some of the Tracking Technologies may be Location-identifying Technologies (defined below). Click here for details, and to find out how to opt out of certain collection and/or uses of your personal information, including Tracking Technologies.
- Third parties, including advertisers and advertising services providers, may collect information about you. They may use Tracking Technologies in connection with our App, which may include the collection of information about your online activities over time and across third-party sites or services where permitted by applicable law. Their privacy policies, not ours, govern their practices.
- We do not monitor or take any action with respect to so-called Do Not Track signals.
- We do not disclose your Personal Information to third parties for their direct marketing purposes without giving you the choice to give or withhold consent.
The App is directed and tailored for users who are aged sixteen (16) and older. When you download, register for, play, or otherwise use the App you represent to us that you are sixteen years old or older.
To the extent we provide you notice on our App 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 App’s Terms of Service , which governs your use of the App, 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.
Consent to the collection, use and disclosure of personal information 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 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).
LINKABLE TABLE OF CONTENTS
These Terms are posted in interactive format to ease your review, especially using smart phones and other devices with small screens. It is important that you read and understand these entire Terms before using the App. Each section below includes a brief introductory summary and a link to the full explanation. Please note that the complete provisions, and not the headings or summaries shall govern. You can click on the headings and “More” buttons to be taken to the full explanation.
- What Information Does the App Collect?
We collect and receive certain information about you as you interact with our App, explained further in this section. More
- Information About You That You Provide to Us
We may collect certain Personal Information and Demographic Information that you provide to us when you interact with the App. For example, we may collect this information through various forms and in various places on the App, such as when you create a profile in the App. More
- Information Collected and Stored As You Access and Use the App
Certain information may be collected from you automatically when you access and use the App. For example, we and third parties may use Tracking Technologies to collect Usage Information based on your device and/or your account ID for a variety of purposes, including (where permitted) serving you advertising, based on your having visited our App or your activities across time and third party locations. We do not look for or respond to Do Not Track signals, but you may have certain other options regarding tracking and/or targeting. This Section provides details on:
- Usage Information
- Tracking Technologies
- Tracking Technologies Usage
- Tracking Technologies Choices and Consent
- Third Party Tracking and Do Not Track
- We may obtain information about you from third parties.
Information Third Parties Provide About You More
- Third-Party Content and Services
If you interact with third-party services, such as using Facebook Connect to log in, those services may send us information about you and you or we may send them information about you. More
- Information You Provide About a Third-Party
You may provide us information about others, such as when you send a friend a message. If so, the information you provide (names, e-mail addresses, etc.) may be used to facilitate the communication, but will not be used for other marketing purposes unless your friend consents. You may be identified to the friend in connection with such a message. More
- Information About You That You Provide to Us
- How Do We Use The Information Collected?
We use your Personal Information, Demographic Information and Usage Information for a variety of purposes detailed in this section including:
- Interest-based Advertising and Location-based Services, where permitted
- Contact Us
- User generated content
- How and When Do We Disclose Information To Third Parties?
We may provide your information to third parties under various circumstances detailed in this section. These may include:
- NBCUniversal and GoogleNBCUniversal may receive or collect your personal information in connection with the App. Google provides an integrated service and may collect device identifier information and precise location data from you via the App. Both NBCUniveral and Google provide services that are necessary for the App to function. More
- When You Request Information From or Provide Information to Third PartiesIf 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
- Third Parties Providing Services on Our BehalfOur 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
- To Protect the Rights of Ludia and Others There are a variety of administrative and legal reasons for which we may disclose some or all of your information. More
- Affiliates and Business Transfer We may transfer your information with our Affiliates or disclose it in the event of a sale, merger or similar transaction. More
- Sweepstakes, Contests And PromotionsPromotions entrants may be required to consent to certain information sharing or disclosure. More
- Your California Privacy RightsWe do not share personal information as defined by California Civil Code Section 1798.83 collected by us on the App with third parties for their direct marketing purposes absent your consent. More
- Do Third-Party Content, Links to Third-Party Services and/or Third-Party Apps Appear on the App?
We may allow you to access third-party content on the App, or to link to or interact with third-party applications and locations from the App, but we are not responsible for third-party content, apps, and locations. More
- Are Ads Served On the App Or Retargeted to You Later?
We and third parties may send you targeted ads based on your location, information and/or behavior. If you object, do not use our App and/or exercise choices some third parties may offer. More
- How Do I Change My Information And Communications Preferences?
You may change certain account information and communications preferences as fully detailed in this section. More
- What About Transfer of Information to the United States and Canada?
You consent to your data being transferred to the United States and Canada, which have different data protection laws than other countries, and than each other. More
- What Should Parents Know About Children? (Children’s Privacy Notice)
We do not intend to collect personal information as defined by COPPA from Children. If you think we have, let us know. California minors have certain content removal rights. More
- What About Security?
No data security is absolute, but we endeavor to take reasonable steps to secure data appropriately. More
- WHAT INFORMATION DOES THE SERVICE COLLECT?
- Information About You That You Provide to Us
- Information Collected and Stored As You Access and Use the App
Generally. In addition to any Personal Information or other information that you choose to submit to us via our App, we and our third-party service providers may use a variety of technologies that automatically (or passively) store or collect certain information whenever you visit or interact with the App (“Usage Information”). This Usage Information may be stored or accessed using a variety of technologies that may be downloaded to your personal tablet, browser, mobile phone or other device (a “Device”) whenever you visit or interact with our App. To the extent we associate Usage Information with your Personal Information we collect directly from you on the App, we will treat such combined data as Personal Information, but we do not otherwise treat it (including UIDs (defined below)) as Personal Information.
This Usage Information may include:
- your IP address, UDID, device identifier or other unique identifier (“UID”). A device identifier is a number that is automatically assigned to your Device used to access the App, and our computers identify your Device by its device identifier;
- your Device functionality (including browser, operating system, hardware, mobile network information);
- the URL that referred you to our App
- the areas within our App that you visit and your activities there, including remembering you and your preferences;
- your Device location;
- your Device characteristics; and
- certain other Device data, including the time of day, among other information
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 App 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 App. 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/support/documentation/en/flashplayer/help/settings_manager.html
- Web Beacons. Small graphic images or other web programming code called web beacons (also known as “1×1 GIFs” or “clear GIFs”) may be included in our App’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 App, to monitor how users navigate the App, 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 App, 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 App, 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 App 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 App. 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 App 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 App to other App 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 App 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 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 App.
- 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 App, including those required to prevent fraudulent activity, improve security or allow you to make use of in-App purchases.
- Performance Related. We may use Tracking Technologies that are useful in order to assess the performance of the App, including as part of our analytic practices or otherwise to improve the content, products or services offered through the App.
- Functionality Related. We may use Tracking Technologies that are required to offer you enhanced functionality when accessing the App, including identifying you when you sign in to our App or keeping track of our specified preferences, including in terms of the presentation of content on our App.
- Targeting Related. We may use Tracking Technologies to deliver content, including ads, relevant to your interests on our App and third party sites based on how you interact with advertisements or content. This includes using Tracking Technologies to understand the usefulness to you of the advertisements and content delivered to you. Further information on this, and your opt-out choices, is found in Section 6 below.
- 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.You may disable certain Tracking Technologies via your Device’s settings, via tools available as part of most commercial browsers, or via the App. 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 http://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 App may not work and that when you revisit our App your ability to limit Tracking Technologies is subject to your Device settings and limitations. Some Tracking Technologies 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.
- Information You Provide About a Third-Party
You may send someone else a communication from the App, 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 App, your contact information, name or user name and message may be included in the communication sent to your addressee(s). 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 5.
- Information About You That You Provide to Us
- HOW DO WE USE THE INFORMATION COLLECTED?
Interest-Based Advertising and Location-Based App. As permitted by applicable law, 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 App. 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. For more on advertising, and your choices regarding it, see Section 6 below.
Contact Us. Please note that information submitted to any of the App via an 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.
User Generated Content. The App may permit you to post or submit UGC including, without limitation, written content, user profiles, pictures, data, or other content, including Personal Information. If you choose to submit UGC to any public area of the App, your UGC will be considered “public” and will be accessible by anyone, including Ludia. Notwithstanding anything to the contrary, unless otherwise explicitly agreed by us, Ludia does not assume any obligation to treat this Personal Information included in UGC in accordance with any usage or sharing limitations or other restrictions and this Personal Information may be used and shared by Ludia and third parties to the fullest extent not prohibited by applicable law. We encourage you to exercise caution when making decisions about what you disclose in such public areas. For more information on how UGC is treated under the App’s Terms of Service click here. California minors should see Section 8 regarding potential removal of certain UGC they have posted on the App.
- HOW AND WHEN DO WE DISCLOSE INFORMATION TO THIRD PARTIES?
- When You Request Information From or Provide Information to Third PartiesYou may be presented with an option on our App 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 App or link to them from our App. This may include using third-party tools such as logging into the App using Facebook, 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.
- Third Parties Providing Services on Our BehalfWe may use third-party vendors to perform certain services on behalf of us or the App, such as hosting the App, designing and/or operating the App’s features, tracking the App’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. 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 Protect the Rights of Ludia and OthersTo 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.
- Affiliates and Business TransferWe 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 App, 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 App 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.
- Sweepstakes, Contests and PromotionsWe may offer sweepstakes, contests, and other promotions (any, a “Promotion”) through the App 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.
If you are a California resident, you may request further information about our compliance with the Shine the Light law by contacting us at firstname.lastname@example.org or by sending a letter to:
Attention: California Privacy Rights Request
410 St-Nicolas Street,
Montreal, QC, H2Y 2P5
Any such request must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that we are only required to respond to one request per customer each year.
- DO THIRD-PARTY CONTENT, LINKS TO THIRD-PARTY SERVICES, AND/OR THIRD-PARTY APPS APPEAR ON THE SERVICE?
The App 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 App 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 App 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.
We also encourage you to note when you leave our App and to review the third-party privacy policies of all third-party locations and exercise caution in connection with them.
- ARE INTEREST-BASED ADS SERVED ON THE SERVICE OR RETARGETED TO YOU LATER?
The App may use third parties such as network advertisers and ad exchanges to serve you ads, including interest-based ads, on the App or to serve you ads, including interest-based ads, on third-party services after you leave our App, 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 App 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 App and are on a third-party service. Network advertisers are third parties that display advertisements, which may be based on your visits to the App 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 App by not using the App and by uninstalling our App. You may use the standard uninstall process as may be available as part of your applicable Device or potentially via the App or application 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: http://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.
The App’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.
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- HOW DO I CHANGE MY INFORMATION AND COMMUNICATIONS PREFERENCES?
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 App may allow you to review, correct or update Personal Information you have provided through the App. 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 here. 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.
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- WHAT ABOUT TRANSFER OF INFORMATION TO THE UNITED STATES AND CANADA?
If you are using the App and are located in the European Economic Area, please refer to the App’s EU Privacy Notice.
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- WHAT SHOULD PARENTS KNOW ABOUT CHILDREN (CHILDREN’S PRIVACY NOTICE)?
The App is directed and tailored for users who are aged sixteen (16) and older. When you download, register for, play, or otherwise use the App you represent to us that you are sixteen years old or older. We do not intend to collect personal information as defined by the U.S. Children’s Privacy Protection Act (“COPPA”) (“Children’s Personal Information”) from children under the age of thirteen (13) in a manner that is not permitted by COPPA. If you are a parent or guardian and believe we have, please contact us.
Any California residents under the age of eighteen (18) who have registered to use the App, and who posted content or information on the App, can request removal by contacting Ludia here, 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.
- WHAT ABOUT SECURITY?
We endeavor to incorporate commercially 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. Please note that we cannot ensure the security of any information you transmit to us, and you use our App, and provide us with your information, at your own risk.
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