D3PUBLISHER PRIVACY POLICY

Last updated February 17, 2021

D3Publisher of America, Inc., and its subsidiaries and affiliates (collectively, “D3Publisher”, “we”, “our”, or “us”) respect the privacy rights of our users. This Privacy Policy applies to all of our mobile applications (“App(s)”), websites (“Site(s)”), games, and other digital properties that link to this Privacy Policy, regardless of how you access or use them or engage with us, including through mobile devices or offline (collectively, the “Services”), for which we are the controller of personal information and data.  This Privacy Policy sets forth how we collect, store, retain, and use the information you provide on our Services.  By clicking “Accept & Continue” on the sign-in page of our Apps or homepage of our Sites, you acknowledge, fully understand and consent to the terms of this Privacy Policy.

D3Publisher is a valid licensee and participating member in good standing of the Entertainment Software Rating Board’s Privacy Certified Program (“ESRB Privacy Certified”).  To protect your privacy, we have voluntarily undertaken this privacy initiative.  All of our Services where this Privacy Policy is posted and that display an ESRB Privacy Certified seal have been reviewed and certified by ESRB Privacy Certified to meet established online information collection, use, retention and disclosure practices. As a licensee of this privacy program, we are subject to audits of our Apps and other enforcement and accountability mechanisms administered independently by the ESRB.

TABLE OF CONTENTS
  1. Scope of Privacy Policy
  2. Collection and Use of Information
  3. Cookie Policy
  4. Mobile
  5. Sharing of Information
  6. Your Choices 
  7. Children’s Privacy
  8. Security 
  9. California Residents’ Privacy Rights
  10. International Visitors
  11. Amendments 
  12. Questions or Comments
 
1 - Scope of Privacy Policy
This Privacy Policy applies to information about you or your device collected through our Services.

This Privacy Policy applies to use and sharing of information collected on or after the “Lasted updated” date at the top of this Privacy Policy.

When using our Services, you may be able to access third party websites or applications through links placed in our Services.  This Privacy Policy does not address, and we are not responsible for, the privacy, information, or other data collection, storage, and use practices of any third party operating any site or property to which the Services link (each, a “Linked Site”) or third parties who may provide certain services in connection with your access and use of, and our ability to provide certain products and services to you through the Services discussed in this Privacy Policy (each, a “Service Provider”), which may include, without limitation, Google (AdMob, DoubleClick, Firebase), Amazon, Facebook, Helpshift, Wordpress, and Mailchimp.  In addition, please find additional privacy policies for the most common of these sites and services can be found at the links below:
We encourage you to review the privacy policies of these third parties.

2 – Collection and Use of Information
When you use the Services, we may collect and use certain information about you.  “Personal Information” is information that can be used to identify you (whether alone or in combination) such as your first and last name, email address, zip code/post code, billing address, shipping address, phone number, age, date of birth, and social media handles.  More specifically, when you use the Services, we may collect the following information:
  • We collect certain information that you provide directly to us by filling in forms on the Services, including your name or username, password, email address, street address, telephone number, social media handles, user-uploaded photographs or profile pictures, or other information, when you create an account or profile, interact with other users, or create a customer support ticket request. We engage in these activities to manage our contractual relationship with you, and where relevant, to comply with a legal obligation or based on our legitimate interest in doing so.
  • We collect your birth date at the initial sign-up screen to verify you have met the age requirement to access our Services. We engage in these activities to comply with legal obligations and based on our legitimate interest in doing so (such as to ensure children below the age of legal capacity cannot access Services).
  • We may collect certain data you provide on social features of the Services, such as forums or chat. The information you share in these features is publicly viewable by others, which means we may collect and use the information you provide. We engage in these activities to manage our contractual relationship with you, comply with a legal obligation, or based on our legitimate interest in doing so (ensuring the safety of our Services).
  • When you play multiplayer games, some information may be publicly accessible to others, such as your game statistics and performance. We engage in these activities based on our legitimate interest in doing so (increasing engagement with our games and Services).
  • We may collect certain information that you provide to us when making a purchase via our Services, including your name, billing address, telephone number, payment method, and other payment details in order to process purchases you make. We do so to adhere to our contractual relationship with you or for our legitimate interest.
  • We automatically collect certain information about your device and how you interact with our Services during and after your use of the Services. Such information includes details of your visits to the Services and the resources that you access, including, but not limited to, traffic data, location data, weblogs and other communication data, including your IP address, browser type, the date and time you accessed or left the Site or App, and which pages you viewed. Some parts of the Services use cookies, pixel tags (also known as “web beacons”), and other technologies to collect this information about your general internet usage.  See our “Cookie Policy” to learn more.
  • An Internet Protocol (IP) address is a number that is automatically assigned to your device from which you are accessing the Services by your Internet Service Provider (ISP), and is identified and logged automatically in the server log files whenever you visit the Services, along with the time of the visit and the activity on the Services, browser type and operating system, device information, device event information, and the page you’ve viewed or engaged with before or after using the Site. We and our Service Providers use IP addresses for our internal business purposes such as calculating Site and App usage levels, helping diagnose server problems, administering the Services, and determining your approximate geographic location.
  • We use your IP address to determine your general geographical location, such as the country or region from which your mobile device accesses our Service. We and our Service Providers may use your device’s general location to provide you with personalized location-based services, content and advertisements. We do this to support our legitimate interests.
  • For some of our Services, you are able to log in using your social media account, such as Facebook.  If you log in using your social media account, you allow us to access certain information from your social media profile, such as your name, email address, date of birth, profile picture, friends list, and interests.  The information you allow us to access may depend on you and your friends’ privacy settings on that social network. See below regarding Your Choices.
  • We may engage third parties, such as Google Analytics and Vanilla, to provide analytics about the use of the Services, data processing and management, account management, hosting, customer and technical support. Third-party cookies are covered by the third party’s privacy policy. You can opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
  • We may collect certain information you may provide to us as part of your participation in sweepstakes, contests and similar promotions in order for us to administer these activities. Some of these activities have additional rules, which could contain additional information about how we use and disclose your Personal Information, so we suggest you read these rules carefully. In the event of a conflict between such rules and this Privacy Policy, such rules will govern.
  • In some cases, we aggregate or anonymize your personal information so that it is not identifiable to you.  We may use this information for our business purposes, such as analyzing and better understanding usage trends.

3 – Cookie Policy
A “cookie” is a small computer file that is sent to your computer when you visit a website. “Process Cookies” are cookies that help our Sites to function properly and assist in navigating pages and accessing Services. Without these cookies, the Sites may not function properly. “Session State Cookies” are cookies that collect information about how you interact with our Sites. This may include the page you visit most often and whether you get error messages from certain pages. These cookies help improve your browsing experience, but blocking or deleting these cookies will not render the Sites unusable. When you visit a Site again, the cookie allows that Site to recognize your browser. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent.  Keep in mind, however, that some Site features or services may not function properly without cookies.

A pixel tag is a type of technology placed on a website or within the body of an email.  We use pixel tags to track activity on our Sites, and to determine when our emails are opened or accessed.  We use pixel tags in combination with cookies.

The Services may use social media plug-ins (e.g., the Facebook “Like” button, “Share to Twitter” button) to enable you to easily share information with others. When you visit the Sites, the operator of the social plug-in can place a cookie on your computer or other electronic device that enables that operator to recognize individuals who have previously visited the Sites. If you are logged into the social media website (e.g., Facebook, Twitter) while browsing on the Sites, the social media plug-in allows that social media website to receive information that you have visited the Sites. The social media plug-in also allows the social media website to share information about your activities on the Sites with other users of their social media website. These sharing settings are managed by the social media website and governed by its privacy policy. We recommend that you review the privacy policies of each of these websites, apps, or services before connecting your accounts or sharing any Personal Information.

Note that your browser settings may allow you to automatically transmit a “Do Not Track” signal to sites and online services you visit. Like many websites and online services, we currently do not alter our practices when we receive a “Do Not Track” signal from a visitor’s browser. To learn more about cookies and any “Do Not Track” features, please visit http://www.allaboutcookies.org/ and http://www.allaboutdnt.com. If you choose to decline cookies, then some or all of the features, functionality and promotions available through the Sites may not be available to you. If you do not want information collected through the use of cookies, there is a procedure on most devices through which the Sites are accessed that allows you to decline the use of cookies.

If your device stores Flash LSOs, and if you do not want Flash LSOs stored on your device through which you access the Sites, you can adjust the settings of your Flash player to block Flash LSO storage using the tools contained using the Website Storage Settings Panel. You can also control Flash LSOs by going to the Global Storage Settings Panel and following the instructions (which may include instructions that explain, for example, how to delete existing Flash LSOs (referred to as “information” on the Macromedia site), how to prevent Flash LSOs from being placed on your device without you being asked, and (for Flash Player 8 and later) how to block Flash LSOs that are not being delivered by the operator of the page you are on at the time. Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications, including, potentially, Flash applications used in connection with the Sites. We expect Service Providers and technology suppliers to honor any decision by you to restrict or limit Flash LSOs, but cannot guarantee that they will do so.

The Cookies and similar technologies used on our Sites can be found HERE.

4 -Mobile
Our Apps include third-party software development kits (“SDKs’) and similar tools that we use for advertising, analytics and to support the internal operations of the Apps.  If you prefer for information not to be used for targeted advertising, please see Your Choices in Section 6 below.

The third-party tools used in our Apps are:

Helpshift – To provide customer service.
LabCave – Collects device level data in order to serve advertisements to the player.
Google Play Service and Apple Game Service – A tool to save your game data.
Mixpanel – A program to review user habits and game analytics and to assist with customer service account review.
DeltaDNA – A program to review user habits and game analytics and to assist with customer service account review.
Redash – A program to review user habits and game analytics and to assist with customer service account review.
Pubnub – A system to assist with player chat.
AppsFlyer – An attribution tool that helps optimize advertising campaigns.
Facebook – Not required but if selected, players can use the tool to save their game data.
IP-API - A geolocation tool to determine regional (not exact) location of where game is being played.

5 – Use and Sharing of Information
We primarily use the information we collect from you to provide you access and use of our Services and to fulfill your requests. Our policy is to not sell your personal information to any third parties without your consent.  We use and share the information we collect about you in limited circumstances including:
  • To communicate with you regarding your customer service or other requests;
  • To develop, improve, monitor, diagnose, fix, administer, analyze, and test our Services;
  • For behavioral advertising, retargeting, and remarketing campaigns (see below);
  • With D3Publisher, Inc. (our parent company) and our subsidiaries and affiliates;
  • With our Service Providers in order for them to provide and administer services on our behalf;
  • With law enforcement agencies, governmental officials, or other third parties when required by law or legal process or in order to cooperate with regulators or law enforcement;
  • When we believe, in our sole discretion, that disclosing this information may be necessary to protect our business operations or enforce our policies or terms and conditions, to address an emergency that poses a threat to health or safety, or to take action in response to illegal activities (e.g. fraud);
  • With other business entities should we plan to merge with or be acquired by that business entity or in connection with a partial or total sale of assets, bankruptcy, or another corporate change; and
  • When you otherwise consent.

6 – Your Choices
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by using the links below:
– Facebook: https://www.facebook.com/settings/?tab=ads
– Google: https://www.google.com/settings/ads/anonymous
– Microsoft: https://privacy.microsoft.com/en-us/privacystatement
– Amazon: https://www.amazon.com/adprefs

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

On your mobile device, enable the “Limit Ad Tracking” setting in your iOS phone’s settings, or the setting to “Opt out of Ads Personalization” in your Android phone’s settings. To opt-out of location tracking when using the Services, you can use the settings of your device. You can disable mobile analytics and bug reporting through these same settings as well. For more information about analytics and advertising cookies and how you can opt out, you can visit the Network Advertising Initiative’s opt-out page found at http://optout.networkadvertising.org/?c=1, the Digital Advertising Alliance’s opt-out page found at http://optout.aboutads.info/?c=2&lang=EN, or EDAA’s Your Online Choices page found at http://www.youronlinechoices.com/.

This information may be retained by us for as long as the information is needed for its useful purposes, such as maintaining a functional game environment.  We will review information collected on a periodic basis and remove any information that no longer is needed for its required purposes.  An example of this is for retaining information that allows us to improve future in-game activities using past usage information.

You may choose to subscribe to promotional emails about our Services.  If you wish to unsubscribe from receiving future promotional emails you may do so by doing any one of the following: (i) following the “unsubscribe” instructions in the email you received; (ii) emailing our customer support team at support@d3go.com; or (iii) writing to us at the following address:

D3Publisher of America, Inc.
15910 Ventura Blvd., Suite 800
Encino, CA 91436
ATTN: Customer Support – Unsubscribe

7 – Children’s Privacy
We do not intend to collect personal information as defined by the U.S. Children’s Online Privacy Protection Act (“COPPA”) (“Children’s Personal Information”) in a manner that is not permitted by COPPA. If you are a parent or guardian and believe we have collected Children’s Personal Information in a manner not permitted by COPPA, please contact us at the address listed below (Attention: Legal) and we will remove such data to the extent required by COPPA.

If parents believe that we have unintentionally collected their child’s personal information, they should contact us to request the deletion of the information:
D3 Publisher of America, Inc.
Attn.: Privacy Policy Administrator
15910 Ventura Blvd., Suite 800
Encino, CA 91436
(310) 268-0820

8 – Security
We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. Notwithstanding, the safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out Personal Information in public areas of the Services like forums. The information you share in public areas may be viewed by any user.

We restrict access of Personal Information to our authorized personnel, employees, Service Providers, and agents who need to know that information in order to operate, innovate, and deliver our Services. Personal Information will only be disclosed to those third parties for the purpose of administering our Services in accordance with the uses as outlined herein.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your Personal Information transmitted to our Services. We cannot guarantee that unauthorized third parties will not gain access to your Personal Information; therefore, any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures in connection with the Services.

9 – California Residents’ Privacy Rights 
California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes (if any).  Currently, D3Publisher does not disclose personal information to third parties for their direct marketing purposes. If you have any questions about our disclosure practices, please contact us:

D3Publisher of America, Inc.
Attn.: CA Privacy Policy Administrator
15910 Ventura Blvd., Suite 800
Encino, CA 91436
Attn: Shine the Light Law

Categories of Personal Information Collected
In the chart below, we identify each category of personal information that we have or have not collected about our users in the last 12 months,  the purpose(s) for which it was collected; and  the categories of third parties, if any, with which it has been shared.

Category of Personal InformationReason for Collecting and/or SharingCategories of Third PartiesCollected or Disclosed in past 12 months
Common identifiers This includes a name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, and other similar identifiers.Provision of Services; Comply with legal obligations; marketing; sweepstakes and contest administration; information security; Services management.Information technology and security providers; payment processor; marketing services providers.Collected and disclosed
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).  This includes, among other things, a name, signature, address, telephone number, passport number, and driver’s license or state identification card number.  Note that this category of information overlaps to some extent with the “Common Identifiers” category.Provision of Services; Comply with legal obligations; marketing; sweepstakes and contest administration; information security; Services management.Information technology and security providers; payment processor; marketing services providers.Collected and disclosed
Protected classification characteristics under California or federal law. This includes:  Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).User admissionNot applicableCollected but not disclosed.
Commercial information.  This includes: Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.Not collectedNot applicableNot applicable
Biometric information. Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.Not collectedNot applicableNot applicable
Internet or other similar network activity. Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.Services management and marketingWeb-hosting and marketing support vendorsCollected and disclosed
Geolocation data.  Physical location or movements. (This does not include general location data.)Not collectedNot applicableNot applicable
Sensory data.  Audio, electronic, visual, thermal, olfactory, or similar information.Not collectedNot applicableNot applicable
Professional or employment-related information.  Current or past job history or performance evaluations.To evaluate, recruit, and hire personnelNot sharedCollected; not disclosed to third parties
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.Not collectedNot applicableNot applicable
Inferences drawn from other personal information.  Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.Not collectedNot collectedNot collected or disclosed
 
If you are a California resident and we know you are under 16 years of age, we will not sell, rent, release, disclose, disseminate, make available, transfer, or otherwise communicate to any other business or third party for monetary or other valuable consideration your personal information.

Rights of California Residents
Right to Know:  If you are a California resident, you may submit, free of charge, but no more than twice in a 12-month period, a verifiable request for the following information:
  • The specific pieces of personal information we have about you;
  • The categories of personal information we collected, sold or disclosed for a business purpose about you within the last 12 months;
  • The categories of sources from which the personal information was collected;
  • The purposes for which the information was collected or sold; and
  • The categories of third parties to which the information was sold, disclosed for a business purpose, or otherwise shared.
If possible, we will provide this information to you in a readily usable format that allows transmission to another entity.

To submit a request, please contact us by email at privacypolicy@d3go.com.  Within 10 business days of receipt, we will let you know we received your request.  We will provide a substantive response within 45 calendar days, unless we need more time, in which case we will notify you.  If we need additional information to verify your identity, we will contact you to request that information.  If we are not able to verify your identity, we will deny your request, but if applicable, we will refer you to the applicable sections of this Privacy Policy that address our data collection and use practices.  If we deny your request, even if only in part, we will explain the reason in our response.

Right to Delete:  If you are a California resident, you may submit a verifiable request for us to delete any personal information we have collected about you.  To submit a request, please email us at privacypolicy@d3go.com or mail to D3Publisher of America, Inc., 15910 Ventura Blvd., Suite 800, Encino, CA 91436, Attn: Legal.

Within 10 business days of receipt, we will confirm receipt of your request.  We will provide a substantive response within 45 calendar days, unless we need more time, in which case we will notify you.  If we need additional information to verify your identity, we will contact you to request that information.  If we are not able to verify your identity, we will deny your request to delete.  If we deny your request, even if only in part, we will explain the reason in our response, and we will ask if you would like to opt out of the sale of your personal information.  In either case, we will maintain a record of your request and our response.

Right to Opt-Out:  At any time, you may tell us not to sell, rent, release, disclose, disseminate, make available, transfer, or otherwise communicate to another business or third party for monetary or other valuable consideration your personal information.  You may make this request by emailing us at privacypolicy@d3go.com or mailing a letter to us at D3Publisher of America, Inc., 15910 Ventura Blvd., Suite 800, Encino, CA 91436, Attn: Legal.

Right to be Free from Discrimination:  We may not discriminate against you because you have chosen to exercise your rights, including, for example, by denying you access to our online services or charging you different rates or prices for the same online services, unless that difference is reasonably related to the value provided by your data.

Exercising Your Rights:  To submit a verifiable request or to otherwise contact us for more information about how to exercise your rights, please follow the instructions above.  To exercise your opt-out right, please click the link above.

If you would like to designate an authorized agent to make a request on your behalf, you must (i) provide the agent signed permission to do so, (ii) provide proof of your identity, and (iii) directly confirm you provided the authorized agent permission to submit the request.  If we do not receive the above, we will deny the request.

Contact Us
If you have any questions or concerns about our privacy policies or practices, please contact us:
D3Publisher of America, Inc.
Attn.: CA Privacy Policy Administrator
15910 Ventura Blvd., Suite 800
Encino, CA 91436
(310) 268-0820

10 – International Visitors
The Services are hosted and operated in the United States (“US”) and elsewhere in the world.  By using the Services, you are consenting to the transfer of your personal information to the US.  If you are accessing the Services from outside the US, please be advised that US law may not offer the same privacy protections as the law of your jurisdiction.

If you are a data subject in the European Economic Area (“EEA”), you have the right to access, rectify, or erase any personal data we have collected about you.  You also have the right to data portability and the right to restrict or object to our processing of personal data we have collected about you.  You may withdraw your consent at any time for any data processing we do based on consent you have provided to us. To exercise any of these rights, contact us as set forth in the section “Contact Us” below and specify which right you intend to exercise.  We will respond to your request within 30 days.  We may require additional information from you to allow us to confirm your identity.  Please note that we may store information as necessary to fulfill the purposes for which it was collected, and may continue to retain and use the information even after a data subject request for purposes of our legitimate interests, including to comply with legal obligations, resolve disputes, prevent fraud, and enforce agreements. Personal data collected within the European Union and Switzerland may be transferred and processed by third parties located in a country outside of the European Union and Switzerland.  In such instances, we will ensure that the transfer of your personal data is carried out in accordance with applicable privacy laws. If you have any issues with our compliance, you have the right to lodge a complaint with an EEA supervisory authority.

11 – Amendments
We may amend this Privacy Policy at any time. If we make a material change to this Privacy Policy, we will notify you by sending you an email at the last email address that you provided us, or by prominently posting notice of the changes within our Services.  Any changes to this Privacy Policy will take effect upon posting and will apply to the information we collect on and after the Effective Date, which is posted at the top of this Privacy Policy.

12 – Questions or Comments
If you have questions or wish to send us comments about this Privacy Policy, including our information practices with respect to children, please send us an e-mail us at privacypolicy@d3go.com with your questions or comments to write us at:

D3Publisher of America, Inc.
Attn.: Privacy Policy Administrator
15910 Ventura Blvd., Suite 800
Encino, CA 91436

Please be assured that any personal information that you provide in communications to the above email and postal mail addresses will not be used to send you promotional materials, unless you request it.

As mentioned above, D3Publisher is a licensee of the ESRB’s Privacy Certified Program. If you believe that we have not responded to your inquiry or your inquiry has not been satisfactorily addressed, please contact ESRB at http://www.esrb.org/privacy/contact/ or by email at privacy@esrb.org.