Legal Notices

Privacy Policy

This Privacy Policy describes your privacy rights regarding our collection, use, storage, sharing and protection of your personal information. Personal information is information that can be used to identify an individual customer, whether it is name, address, national ID number or other information that provides uniquely identifying characteristics (“Personal Information”).

This Privacy Policy applies to all OpenPlay, Inc. (hereafter “OpenPlay”) owned software, products, services, websites, technologies, applications, features, functions, content, tools, and any other OpenPlay offerings (collectively “OpenPlay Services”). This Privacy Policy forms part of the Terms of Service, available at https://www.openplay.co/legal/

This privacy policy will notify you of the following:

• What personally identifiable information is collected from you through the OpenPlay Services, how it is used and with whom it may be shared.

• What choices are available to you regarding the use of your data.

• The security procedures in place to protect the misuse of your information.

• How you can correct any inaccuracies in the information.

CONSENT AND POLICY MODIFICATION

You accept this Privacy Policy when you sign up for, access, purchase, or use the OpenPlay Services. If you do not agree to this Privacy Policy, please do not use any of the OpenPlay Services. We reserve the right, at our discretion, to change this Privacy Policy at any time, without notice to you, by posting a revised version on our website. We may e-mail periodic reminders of our notices and terms and conditions, but you should check here frequently to see the current Privacy Policy that is in effect and any changes that may have been made to it. Changes will be effective immediately for new users and 30 days following the posting for existing customers. Your continued use of OpenPlay Services 30 days following such posting means you accept those changes. You agree that any dispute over privacy or the terms contained in this Privacy Privacy or any other agreement we have with you, will be governed by the laws of the State of California. You also agree to arbitrate such disputes in California, and to abide by any limitation on damages contained in any agreement we may have with you. The provisions contained herein supersede all previous notices or statements regarding our privacy practices and the terms and conditions that govern the use of the OpenPlay Services.

INFORMATION COLLECTION, USE, AND SHARING

We are the sole owners of the information collected from the OpenPlay Services. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.

We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, or as is reasonably necessary for us to provide the OpenPlay Services.

Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.

SECURITY

We take precautions to protect your information. When you submit sensitive information via the OpenPlay Services, your information is protected both online and offline.

Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for "https" at the beginning of the address of the individual OpenPlay Service you are using.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

DATA STORAGE AND RETENTION

Your personal data is stored by OpenPlay on its servers, and on the servers of the cloud-based database management services OpenPlay engages, located in the United States. OpenPlay retains data for the duration of the customer’s or member’s business relationship with OpenPlay. For more information on where and how long your personal data is stored, and for more information on your rights of erasure and portability, please contact OpenPlay's data protection office at privacy@openplay.co

TRANSFERRING PERSONAL DATA FROM THE EU TO THE US

OpenPlay has its headquarters in the United States. Information we collect from you will be processed in the United States. The United States has not sought nor received a finding of “adequacy” from the European Union under Article 45 of the GDPR. OpenPlay relies on derogations for specific situations as set forth in Article 49 of the GDPR. In particular, OpenPlay collects and transfers to the U.S. personal data only: with your consent; to perform a contract with you; or to fulfill a compelling legitimate interest of OpenPlay in a manner that does not outweigh your rights and freedoms. OpenPlay endeavors to apply suitable safeguards to protect the privacy and security of your personal data and to use it only consistent with your relationship with OpenPlay and the practices described in this Privacy Notice. OpenPlay also minimizes the risk to your rights and freedoms by not collecting or storing sensitive information about you.

DATA SUBJECT RIGHTS

The European Union’s General Data Protection Regulation and other countries’ privacy laws provide certain rights for data subjects. A good explanation of them (in English) is available on the website of the United Kingdom’s Information Commissioner’s Office ( https://ico.org.uk/for-organisations/data-protection-reform/overview-of-the-gdpr/individuals-rights/the-right-to-be-informed/).

This Privacy Notice is intended to provide you with information about what personal data OpenPlay collects about you and how it is used. If you have any questions, please contact us at privacy@openplay.co

If you wish to confirm that OpenPlay is processing your personal data, or to have access to the personal data OpenPlay may have about you, please contact us at privacy@openplay.co

You may also request information about: the purpose of the processing; the categories of personal data concerned; who else outside OpenPlay might have received the data from OpenPlay; what the source of the information was (if you didn’t provide it directly to OpenPlay); and how long it will be stored. You have a right to correct (rectify) the record of your personal data maintained by OpenPlay if it is inaccurate. You may request that OpenPlay erase that data or cease processing it, subject to certain exceptions. You may also request that OpenPlay cease using your data for direct marketing purposes. In many countries, you have a right to lodge a complaint with the appropriate data protection authority if you have concerns about how OpenPlay processes your personal data. When technically feasible, OpenPlay will—at your request—provide your personal data to you or transmit it directly to another controller.

Reasonable access to your personal data will be provided at no cost to OpenPlay customers and others upon request made to OpenPlay at privacy@openplay.co. If access cannot be provided within a reasonable time frame, OpenPlay will provide you with a date when the information will be provided. If for some reason access is denied, OpenPlay will provide an explanation as to why access has been denied.

COOKIES

We use "cookies" in the operation of the OpenPlay Services. A cookie is a piece of data stored on your hard drive that helps us improve your access to the OpenPlay Services and identify repeat users of the OpenPlay Services. For instance, when we use a cookie to identify you, you may not have to log in using a password more than once, thereby saving time while using the OpenPlay Services. Cookies can also enable us to track and target the interests of our users to enhance our products and services.

Some of our business partners may use cookies in the OpenPlay Services (for example, advertisers). However, we have no access to or control over these cookies.

SHARING

We share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person.

We partner with another party to provide specific services. When the user signs up for these services, we will share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.

We use an outside credit card processing company to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes beyond filling your order.

LINKS

The OpenPlay Services contain links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave the OpenPlay Services and to read the privacy statements of any other site that collects personally identifiable information.

SURVEYS

From time-to-time the OpenPlay Services may request information via surveys. Participation in these surveys is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Survey information will be used for purposes of monitoring or improving the use and satisfaction of the OpenPlay Services.

If you feel that we are not abiding by this privacy policy, you should contact us immediately.

Privacy Policy Last Updated — May 21, 2018