Privacy Policy - GameFlex

Introduction

This Privacy Policy describes the information that GameFlex ("we", "our," or "us") (see Contact Information below) collects from visitors to and users of gameflex.io (the "Website") and any mobile application in relation to the Website (the "App" or "GameFlex") (the Website and the App are collectively referred to as "GameFlex Services") and how we use it, how we protect it, and your rights.

GameFlex does not intend to create account for users who are under the age of 13 years old, or other age of majority as required by the laws of the country of your domicile. So please do not use GameFlex and GameFlex Services if you are under such age requirement.

BY ACCESSING OR USING GAMEFLEX SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PRIVACY POLICY AND THAT YOU UNDERSTAND YOUR RIGHTS IN RELATION TO YOUR INFORMATION AND HOW WE WILL COLLECT, USE AND PROCESS IT. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY IN GENERAL OR ANY PART OF IT, YOU SHOULD NOT USE GAMEFLEX SERVICES.

Capitalized terms, if not defined herein, shall have the meaning assigned to them in the Terms of Use.

How We Collect Your Information

In order to provide GameFlex Services and improve the user experience and security of GameFlex Services, we will collect, record, store, adapt, use, share or otherwise process your personal information, when you register a GameFlex account and use GameFlex Services.

We collect your personal information for the following purposes: (i) we need to process such information, based on your permission or authorization, to provide GameFlex Services to you; and (ii) certain data is collected automatically to enhance you better experience on GameFlex.

Information You Consent to Provide

You consent to provide some or all of the following personal information for GameFlex Services when you create an account on the App and use GameFlex Services:

Registration information, such as your username, age, profile images, self-introduction, phone number, email, password, social media information (for details, please refer to the scenario "third-party social media when you create a GameFlex account by connecting" under this Section), etc.;
Game Generated Content, including images, videos, virtual item content, comments, messages, or other data or materials that you upload, distribute or share when you use GameFlex Services (e.g. epic gaming moments);
Your location data, with your permission. Your refusing of such permission will not affect your ability to search or locate specific locations manually. You may change the access to your location data via the settings on your mobile device;
Your opt-in choices and correspondence with us, such as information used to verify your account or to resolve your feedback or complaints;
Purchase information, such as orders, payment information, billing and shipping address, etc.;
Information you provide when participating in in-app surveys and activities; and
Information you provide from such third-party social media when you create a GameFlex account by connecting with a third-party social media, such as YouTube, Facebook, Instagram, Google, or if you link a GameFlex account with a third-party social media account. The third party's collection, use and disclosure of your information will be subject to that third-party service's privacy policy.

Auto-collected Information

The following information may be used automatically for providing you better GameFlex Services:

Network activity information, such as your browsing history (your visiting logs, etc.), search history, the date and time of visits to your profile, your subscriptions, and information regarding your interaction with other users (for details, please refer to the scenario "message" under the previous Section);
Information about you from third-party service providers, such as advertising partners and data analytics providers;
Device information and device identifiers, such as your operating system, browser type, brand, model and serial number of your mobile device, Internet Protocol (IP) address, mobile carrier, screen resolution, language setting, and media access control addresses;
Metadata, associating with the Game Generated Content you provided us, which describes other data and provides information about how, when, and by whom the Game Generated Content was collected and how that Game Generated Content was formatted;
Cookies, small pieces of data to enable us to provide certain features, which are collected by us or our business partners to measure and understand the web pages you click on and how you use GameFlex Services, enhance your experience using GameFlex Services, and provide you with targeted advertising on GameFlex Services and elsewhere across your different devices;
We may preserve and share with our advertising, marketing, and analytics business partners de-identified device information or statistics, such as de-identified mobile advertising identifiers, which cannot be used to identify you. We may also, based on the collected data, produce and share aggregated insights that do not identify you. Aggregated data is de-identified data even though it may be derived from your personal information. For example, we may aggregate your usage data to calculate the percentage of users accessing a specific website feature, to generate statistics about our users, or to calculate ad impressions served or clicked on. Such information would help us in better analyzing, measuring and improving the effectiveness of advertisements, promotions, and related services.

We do not collect special categories of personal information about you (this includes details about your race or ethnicity, religious or philosophical beliefs, political opinions, trade union membership, information about your health and genetic and biometric data).

How We Use Your Information

We collect, use and/or disclose the information about you for the following purposes, or as notified to you at the time of collection:

to administer GameFlex Services (i.e. to provide GameFlex Services to you) and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes (i.e. to guarantee GameFlex Services' stability and security) and to solicit your feedback;
to allow you to participate in interactive features of GameFlex Services, when you choose to do so;
to personalize the contents that you receive and provide you with tailored content that will be of interest to you which could include online ads or other forms of marketing;
to provide you with user support and to improve, develop GameFlex Services and facilitate product development;
to provide you with services based on the country settings you have chosen, such as content pushing and other content that is related to the country settings;
to provide you with web-based program or game services, provided that you have given consent of authorization for the web-based program or game developer or operators to use your personal information;
to help us detect abuse, fraud, and illegal activity on GameFlex Services;
to review pictures, images videos and content posted or generated from GameFlex Services to ensure that we comply with any applicable content regulations in any relevant jurisdiction;
to enforce our terms, conditions, and policies; and
to comply with other applicable laws and regulations.

How We Share Your Information

We may share your information with certain authorized third parties, while it's necessary, to assist in the improvement and optimization of GameFlex Services such as:

our business partners so that we can improve GameFlex Services, including uploading and managing Game Created Content, user experience activities, user services, etc.;
our technology partners to help in preventing illegal uses, increasing user numbers, operating system development, engineering and analysis of information or for our internal business purposes;
our qualified IT and hosting service providers to transfer or preserve data;

We may also share certain information such as cookie data with third-party advertising partners. This information would allow third-party ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you.

Except for the above, we will not disclose or share with any third party your personal information, unless under the following circumstances:

if we obtained your consent, either implied or express;
if we are required to do so in order to comply with the applicable laws and regulations and government requests;
If we believe in our good faith that this is necessary to protect the public interest;
If it is necessary to do so to protect the safety and fundamental rights of another person;
If it is necessary to address fraud, security, or technical issues; and
If it is necessary to ensure the enforcement of our terms and conditions and the daily operation of GameFlex Services.

Third-Party Applications

GameFlex Services may allow you to access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties' web sites (such as YouTube, Twitter, Instagram, etc.). You are cautioned to read such web sites' terms and conditions and/or privacy policies before using the Sites.

You acknowledge that GameFlex has no control over such third parties' web sites, does not monitor such web sites, and shall not be responsible or liable to anyone for such web sites, or any content, products or services made available on or through such web sites.

Transfers of Your Personal Information to Other Countries

We may collect, process, store, and transfer your personal information in the United States and other countries outside of where you live. We take appropriate steps to ensure that the information we collect is processed in accordance with this privacy policy and applicable laws and regulations.

Security of Your Personal Information

We take appropriate administrative, technical, and physical security measures to safeguard your personal information from unauthorized access and disclosure. For example, only authorized employees are permitted to access personal information, and they may do so only for permitted business functions. In addition, we use encryption in the transmission of certain personal information between your system and ours, and we use firewalls to help prevent unauthorized persons from gaining access to your personal information. Please be advised, however, that we cannot fully eliminate security risks associated with the storage and transmission of your personal information. You should use caution whenever submitting information through the GameFlex Services and take special care in deciding which information you provide us with. You are responsible for maintaining the secrecy of your password and account information at all times.

Control Over Your Personal Information

There are ways you can control your personal information and privacy.

Your Browser.

You can set your browser to refuse all or some browser cookies or to alert you when cookies are being sent. Please note that your choice to disable cookies will be specific to the particular browser or device that you are using when you disable cookies, so you may need to separately disable cookies for each type of browser or device. If you disable or refuse cookies, please note that some parts of the Website may then be inaccessible or not function properly.

Push Notification.

You can opt out of push notifications at any time by adjusting your device's permissions.

Withdraw Your Permission.

You have the ability to revoke permission to certain features and functions on the GameFlex Services or your device settings. Please note that if you choose to revoke permission for certain functions such as the camera or microphone, certain associated features in the App will no longer work.

Activities.

You may choose not to provide us with certain personal information, but this may prevent you from using certain features of GameFlex Services. Such information may be required for you to register as a user, purchase Paid Services, participate in a promotion, survey, or sweepstakes, or make complaints.

Tracking.

You can change the mobile advertising identifiers in your mobile device or limit advertising tracking through your mobile device's privacy settings.

Do Not Track ("DNT").

DNT is a privacy preference that users can set in certain web browsers and devices. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.

Access, Delete, and Correct.

You can access, correct, update, or delete your information by going to your profile settings and editing your profile or deleting your account.

Your Rights

Residents of certain states may have specific rights and are subject to certain exceptions under their state's privacy laws. Depending on your state, you may have some or all of the following rights:

Right to Access. Right to know what personal information is collected about you, including the specific pieces and categories of personal information, how it is used, and with or to whom it is shared or sold.
Right to Correct. Right to correct any inaccurate personal information that we maintain about you.
Right to Delete. Right to delete your personal information.
Right to Portability. Right to request transfer of your personal information, which will be provided in a structured, commonly used and machine-readable format.
Right to Appeal. If we deny your rights request, you may have the right to appeal that decision.
Right to Opt Out of Sale or Sharing. We don't sell your personal information, and we don't share your personal information with any third parties for cross-context behavior advertising. You can navigate to "Ads" in your in-app settings to opt-out of targeted advertising based on personal information about your activity on nonaffiliated apps and websites.
Right to Opt Out of Profiling. Right to opt out of profiling in furtherance of decisions that produce legal or similarly significant effects concerning the consumer. We do not engage in such profiling as defined by the applicable state's privacy law.
Right to Non-Discrimination. We are committed to honoring your privacy rights and will not discriminate against you for exercising them.

To exercise these rights, you or your authorized agent may either use the Help or Feedback function on the GameFlex Services or submit a request via email to legal@gameflex.io. We will address your request in accordance with applicable laws.

We may require you to verify your request before we can provide your personal information, correct or delete your personal information, or otherwise process your request. We may require you to provide your name, email address, state of residence, and phone number. If we believe we need further information to verify your request as required by law, we may ask you to provide additional information to us.

Please note that these rights may be subject to certain exceptions and limitations under applicable law. For example, if you exercise your right to delete your information, we may not be able to completely delete it if it is required to maintain to meet our legal obligations. Additionally, we cannot guarantee the complete deletion of personal information that has already been shared or reposted by other users or third parties.

Additional Information for California Consumers

In the next 12 months, we may collect the following personal information:

Identifiers, such as real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, and account name.
California Customer Records personal information, which includes a name, address, telephone number, credit card number or debit card number. Some personal information included in this category may overlap with other categories.
Protected classification characteristics under California or federal law, such as age and gender.
Commercial information, such as products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Internet or other similar network activity, such as browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.
Geolocation data, such as your physical location based on IP address, and precise location with your permission.
Sensory data, such as audio, electronic, or visual content.
Inferences drawn from other personal information, such as a profile reflecting your preference to show you more relevant content or ads.

For information about the categories of sources from which we obtain personal information, or for additional details about the specific types of personal information we collect, please refer to the "Information We Collect About You" section in our Privacy Policy. For information about our purposes for collecting your personal information, please refer to the "How We Use Your Information" section in our Privacy Policy. We retain these categories of information based on the criteria described in the "Retention" section of our Privacy Policy.

In the next 12 months, we will disclose these categories of information for a business purpose with our partners, service providers, and third parties.

The business purposes for which we may use personal information about California consumers include:

Auditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards.
Helping to ensure security and integrity to the extent the use of your personal information is reasonably necessary and proportionate for these purposes.
Debugging to identify and repair errors that impair existing intended functionality.
Short-term, transient use, including, but not limited to, non-personalized advertising shown as part of your current interaction with us.
Providing services on our behalf, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing analytic services, providing storage, or providing similar services on our behalf.
Providing advertising and marketing services
Undertaking internal research for technological development and demonstration.
Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by the us.

Sell or Share California Consumer Personal Information

We do not sell your personal information to any third party or share your personal information for cross-context behavior advertising.

California Consumer Sensitive Personal Information

Sensitive personal information is a subtype of personal information consisting of specific information categories. We do not use or disclose sensitive personal information for purposes that, under applicable law, require us to offer consumers a "Right to Limit" the use or disclosure of sensitive personal information.

We do not collect or use it to infer characteristics about a person.

California Consumer Under the Age of 16

We do have actual knowledge of selling or sharing California personal information of consumers under the age of 16.

Children

The GameFlex Services are not intended for children under the age of 13. We do not knowingly collect personal information from users in this age group.

We will only collect, use, share or disclose children's personal information as permitted by law, with the express consent of a parent or other guardian, or as necessary to protect the children. We provide a separate experience for children, in which we collect and process only limited information. For information about how we collect, use, share, and otherwise process the personal information of underage users, please contact us.

We have zero tolerance for any form of child abuse or exploitation. Your data (including messages) may be shared with legal agencies if we in our good faith believe that you have engaged in child abuse, or if we are requested to do so by relevant legal agencies.

If you believe that we have inappropriately collected personal information from a Young User, please contact us at legal@gameflex.io.

Retention

We will retain your personal information for as long as reasonably necessary for the purposes described in this Privacy Policy, or as required by laws (for example, for legal, tax, accounting or other purposes), whichever is the longer.

To determine the appropriate retention period for your personal information, we will consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we use your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

No Error-Free Performance

We do not guarantee error-free performance under this privacy policy. We will use reasonable efforts to comply with this privacy policy and will take prompt corrective action when we learn of any failure to comply with our privacy policy. We shall not be liable for any incidental, consequential, or punitive damages relating to this Privacy Policy.

Changes to Our Privacy Policy

We may modify or revise our Privacy Policy from time to time. Although we may attempt to notify you when major changes are made to this Privacy Policy, you are expected to periodically review the most up-to-date version found at GameFlex Services, so you are aware of any changes, as they are binding on you.

If we change anything in our Privacy Policy, the date of change will be reflected in the "last updated date". You agree to note the date of the last revision to our Privacy Policy. By continuing to use GameFlex Services subsequent to us making available an amended version of our Privacy Policy in a way that you can easily take notice of it, you thereby consent to such amendment.

Contact Information

For questions concerning GameFlex Services, your account, or our privacy practices, please contact us at legal@gameflex.io.