Effective as of September 23, 2020.
Table of Contents
PERSONAL INFORMATION WE COLLECT
Information you provide to us. Personal information you may provide to us through the Service or otherwise includes:
- Contact data, such as your email address and phone number.
- Profile data, such as your username, in-game name, and password that you set to establish an online account with us, third party account identifiers, game ownership information, information about your participation in our events, promotions, sweepstakes, contests, or surveys, and any other information that you add to your account profile.
- Communications that we exchange, including when you contact us with questions or feedback, through social media, or otherwise, or that you exchange on or through the Service, such as with other players.
- Research data that you provide when you agree to participate in our surveys, promotions, or contests, such as your survey responses.
- Purchase history.
- User generated content, such as posts and fan art that you can choose to upload to our forums.
- Marketing data, such as your preferences for receiving communications about our marketing communications.
Third party sources. We may combine personal information we receive from you with personal information we obtain from other sources, such as our marketing partners with whom we have entered into joint marketing relationships.
Automatic data collection. We, our service providers, and our business partners may automatically log information about you, your computer or mobile device, your activity over time on our sites and other online services, and your interactions with our marketing communications such as:
- Device data, such as your computer’s or mobile device’s operating system type and version, manufacturer and model, browser type, screen resolution, RAM and disk size, CPU usage, device type (e.g., phone, tablet), IP address, unique identifiers (including identifiers used for advertising purposes), language settings, mobile device carrier, radio/network information (e.g., WiFi, LTE, 3G), and general location information such as city, state or geographic area.
- Online activity data, such as pages or screens you viewed, how long you spent on a page or screen, the website you visited before browsing to the Service, navigation paths between pages or screens, information about your activity on a page or screen, access times, and duration of access, and whether you have opened our marketing emails or clicked links within them.
- In-game data, such as information regarding your in-game performance and interactions with other players (e.g., win/loss ratio, characters played, statistics).
Cookies. Some of our automatic data collection is facilitated by cookies and similar technologies. For more information, see our Cookie Notice.
HOW WE USE YOUR PERSONAL INFORMATION
We use your personal information for the following purposes or as otherwise described at the time we collect it:
Service delivery. We use your personal information to:
- provide, operate and improve the Service and our business;
- communicate with you about the Service, including by sending announcements, updates, security alerts, and support and administrative messages;
- understand your needs and interests, and personalize your experience with the Service and our communications; and
- provide support for the Service, and respond to your requests, questions and feedback.
Research and development. We may use your personal information for research and development purposes, including to analyze and improve the Service and our business. As part of these activities, we may create aggregated, de-identified or other anonymous data from personal information we collect. We make personal information into anonymous data by removing information that makes the data personally identifiable to you. We may use this anonymous data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and promote our business.
Marketing and advertising. We and our third party advertising partners may collect and use your personal information for marketing and advertising purposes:
- Direct marketing. We may send you Super Evil-related direct marketing communications as permitted by law. You may opt-out of our marketing communications as described in the Opt-out of marketing section below.
Compliance and protection. We may use your personal information to:
- comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities;
- protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims);
- audit our internal processes for compliance with legal and contractual requirements and internal policies;
- enforce the terms and conditions that govern the Service; and
- prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.
HOW WE SHARE YOUR PERSONAL INFORMATION
Service providers. Companies and individuals that provide services on our behalf or help us operate the Service or our business (such as information technology, hosting, customer relationship management and support, communications delivery, marketing, advertising, and website analytics).
Advertising partners. Third party advertising companies that collect information about your activity on the Service and other online services to help us advertise our services, and/or use customer lists that we share with them to deliver ads on their platforms on our behalf to those customers and similar users.
Professional advisors. Professional advisors, such as lawyers, auditors, bankers and insurers, where necessary in the course of the professional services that they render to us.
Authorities and others. Law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate for the compliance and protection purposes described above.
Business transferees. Acquiring and other relevant parties to business transactions (or potential transactions) involving a corporate divestiture, merger, consolidation, acquisition, reorganization, sale or other disposition of all or any portion of the business or assets of, or equity interests in, Super Evil or our affiliates (including, in connection with a bankruptcy or similar proceedings).
Other users and the public. Certain in-game information, such as your in-game name and statistics, are visible to other users of the Service and the public.
You have the following choices with respect to your personal information.
Access or update your information. If you have registered for an online account with us, you may review and update certain account information from your account.
Opt-out of marketing communications. You may opt-out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, or by contacting us. You may continue to receive service-related and other non-marketing emails. If you receive marketing text messages from us, you may opt out of receiving further marketing text messages from us by replying STOP to our marketing message.
Cookies. For information about cookies employed by the Service and how to control them, see our Cookie Notice.
Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.
Declining to provide information. We need to collect personal information to provide certain services. If you do not provide the information we identify as mandatory, we may not be able to provide those services.
Access, amend, deletion, and opt-out. You may contact us to request access to, update or correct inaccuracies in, delete, or opt-out of certain uses of, your personal information. We will respond as required by law.
OTHER SITES AND SERVICES
The Service may contain links to websites, mobile applications, and other online services operated by third parties. These links are not an endorsement of, or representation that we are affiliated with, any third party. In addition, our content may be included on web pages or in mobile applications or other online services that are not associated with us. We do not control websites, mobile applications or online services operated by third parties, and we are not responsible for their actions.
We employ a number of technical, organizational and physical safeguards designed to protect the personal information we collect. However, security risk is inherent in all internet and information technologies and we cannot guarantee the security of your personal information.
INTERNATIONAL DATA TRANSFER
We are headquartered in the United States and may use service providers that operate in other countries. Your personal information may be transferred to the United States or other locations where privacy laws may not be as protective as those in your state, province, or country.
We do not intentionally collect the personal information of children under 16 years of age. If we learn that we have collected personal information through the Service from a child under 16 without the consent of the child’s parent or guardian as required by law, we will delete it.
HOW TO CONTACT US
Mail: 119 S B Street, Ste A, San Mateo, CA, 94401, United States
INFORMATION FOR CALIFORNIA RESIDENTS
Scope. This section describes how we collect, use, and share the Personal Information of California residents as a “business” under the California Consumer Privacy Act (“CCPA”) and their rights with respect to their Personal Information. For purposes of this section, “Personal Information” has the meaning given in the CCPA but does not include information exempted from the scope of the CCPA.
Your California privacy rights. As a California resident, you have the rights listed below. However, these rights are not absolute, and in certain cases we may decline your request as permitted by law.
- Information. You can request the following information about how we have collected and used your Personal Information during the past 12 months:
- The categories of Personal Information we have collected.
- The categories of sources from which we collected the Personal Information.
- The categories of third parties with whom we share the Personal Information.
- The categories of Personal Information that we sold or disclosed for a business purpose.
- The categories of third parties to whom the Personal Information was sold or disclosed for a business purpose.
- The business or commercial purpose for collecting and/or selling Personal Information.
- Access. You can request a copy of the Personal Information that we have collected about you during the past 12 months.
- Deletion. You can ask us to delete the Personal Information that we have collected from you.
- Opt-out of sales. If we sell your Personal Information, you can opt-out of those sales.
- Nondiscrimination. You are entitled to exercise the rights described above free from discrimination as prohibited by the CCPA.
How to exercise your rights
You may submit requests to exercise your California privacy rights described above as follows:
- Right to information, access and deletion. You may submit requests to exercise your right to information, access or deletion by:
- Right to opt-out of the “sale” of your Personal Information. Like many companies, we use services that help deliver interest-based ads to users as described in the Interest-based advertising section above. While we do not “sell” Personal Information in the conventional sense, our use of these services may constitute a statutory “sale” of Personal Information to the providers of those services for purposes of the CCPA. See the Do Not Sell My Personal Information section of our Cookie Notice for information on how to opt-out.
We cannot process your request if you do not provide us with sufficient detail to allow us to understand and respond to it.
We will need to verify your identity to process your information, access and deletion requests and reserve the right to confirm your California residency. To verify your identity, we may require you to log into your Super Evil account (if applicable), provide government identification, give a declaration as to your identity under penalty of perjury and/or provide additional information. Your authorized agent may make a request on your behalf upon our verification of the agent’s identity and our receipt of a copy of valid power of attorney given to your authorized agent pursuant to California Probate Code Sections 4000-4465. If you have not provided your agent with such a power of attorney, you must provide your agent signed permission to exercise your CCPA rights on your behalf, provide the information we request to verify your identity, and provide us with written confirmation that you have given the authorized agent permission to submit the request. Authorized agents are required by California law to implement and maintain reasonable security procedures and practices to protect their clients’ information.
Personal information that we collect, use and disclose
|Statutory category of Personal Information|
(Cal. Civ. Code § 1798.140)
|Personal Information we collect in this category|
(See the Personal information we collect section above for description)
|Identifiers||· Contact data|
|Commercial Information||· Profile data· Purchase history|
· Research data
· Marketing data
· Online activity data
|Financial Information||· Purchase history|
|Online Identifiers||· Profile data· Device data· In-game data|
|Internet or Network Information||· Marketing data|
· Device data
· Online activity data
|Geolocation Data||· Device data|
|Inferences||May be derived from your:|
· Purchase history
· Marketing data
· Device data
· Online activity data
· In-game data
|Sources.||We describe the sources from which we collect these categories of Personal Information in the section above entitled Personal information we collect.|
|Purposes.||We describe the business and commercial purposes for which we collect these categories of Personal Information in the section above entitled How we use your personal information.|
|Disclosure.||We describe the categories of third parties to which we disclose these categories of Personal Information above in the section above entitled How we share your personal information.|
INFORMATION REGARDING THE EUROPEAN ECONOMIC AREA
Notice to European users
This section applies only to individuals in the United Kingdom and the European Economic Area.
EU representative. Our EU representative is:
Monahan Road, Cork, T12 H1XY
Republic of Ireland
|Processing purpose (click link for details)||Legal basis|
|Service delivery||Processing is necessary to perform the contract governing our provision of the Service or to take steps that you request prior to signing up for the Service. Where we cannot process your personal data as required to operate the Service on the grounds of contractual necessity, we process your personal information for this purpose based on our legitimate interest in providing you with the Service you access and request.|
|Marketing and advertising||Processing is based on your consent where that consent is required by applicable law.Where such consent is not required by applicable law, we process your personal information for these purposes based on our legitimate interests in promoting our business.|
|Research and development|
Compliance and protection
|These activities constitute our legitimate interests.|
|Compliance with legal obligations||Processing is necessary to comply with our legal obligations.|
|Actions we take with your consent||Processing is based on your consent. Where we rely on your consent you have the right to withdraw it any time in the manner indicated when you consent or in the Service.|
Sensitive personal information
We ask that you not provide us with any sensitive personal information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, biometrics or genetic characteristics, criminal background or trade union membership) through the Service or otherwise. If you do not consent to our processing and use of such sensitive personal information, you must not provide it to us.
We retain personal information where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested; to comply with applicable legal, tax or accounting requirements; to establish or defend legal claims; or for fraud prevention). When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
We generally retain the following information for the identified approximate time periods, which may change:
- Certain profile data such as your username – Indefinite
- Purchase history – Seven years
- Certain in-game data – Two years
- Certain communications, such as chat logs – Ninety days
- Certain online activity data, such as application logs – Sixty days
European data protection laws give you certain rights regarding your personal information. If you are located within the United Kingdom or European Economic Area, you may ask us to take the following actions in relation to your personal information that we hold:
- Access. Provide you with information about our processing of your personal information and give you access to your personal information.
- Correct. Update or correct inaccuracies in your personal information.
- Delete. Delete your personal information.
- Transfer. Transfer a machine-readable copy of your personal information to you or a third party of your choice.
- Restrict. Restrict the processing of your personal information.
- Object. Object to our reliance on our legitimate interests as the basis of our processing of your personal information that impacts your rights.
You may submit these requests by email to email@example.com or our postal address provided above in the How to contact us section. We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions. If you would like to submit a complaint about our use of your personal information or our response to your requests regarding your personal information, you may contact us or submit a complaint to the data protection regulator in your jurisdiction. You can find your data protection regulator here.
Cross-Border Data Transfer
If we transfer your personal information from the United Kingdom or European Economic Area to another country such that we are required to apply additional safeguards to your personal information under European data protection laws, we will do so. Please contact us for further information about any such transfers or the specific safeguards applied.
Super Evil complies with the requirements of the EU-U.S. Privacy Shield Framework, as set forth by the U.S. Department of Commerce, regarding the collection, use and retention of personal information from the European Union (“EU”) and United Kingdom to the United States (collectively “Privacy Shield”). However, Super Evil does not rely on the Privacy Shield as a legal basis for transfers of personal data in light of the judgment of the Court of Justice of the EU in Case C-311/18.