Effective January 6, 2020
1. Our Collection and Use of Information
We may collect, store, and use information you provide to us, directly or via a third party. This information may include personally identifiable information (“PII”), including but not limited to your name, email address, profile, billing, or account information, and other contents of your transactions and communications, and non-personally identifiable information (“non-PII”). Information means PII or non-PII.
By way of example (but not limitation), you may provide information to us when you:
- create or use an account,
- make or attempt to make a purchase or other transaction (including “free” downloads),
- contact us for support or for any other reason,
- sign up for a mailing list,
- use a third-party platform account with a Service,
- use a Service to distribute, backup, or store User Content or other information,
- post reviews of our Services or other products, or
- interact with our social media accounts.
Furthermore, we may automatically collect, store, and use the following information when you use, download, or attempt to use or download a Service:
- The source by which you arrived at a Service, such as a web page URL, advertisement or search terms
- How you interact with Services, such as Website pages visited, App screens viewed, buttons and links clicked, emails opened, game-related information and statistics, in-Service purchases, URLs or query terms used, and social interactions, such as “liking” a page
- The device and software you are using and their settings, such as hardware make and model, screen size and resolution, browser, hardware and software versions, language, locale, and user agent strings
- Internet connection information, such as IP address, and derived information, such as rough geolocation (not GPS location) and Internet or mobile service provider
- Precise location (if you choose to let a Service use your precise location)
- Unique device identifiers
- Advertising and analytics identifiers, such as the Identifier for Advertising (IDFA) for iOS devices or the Android Advertising ID (AAID) for Android devices (if your device has them), and anonymous cookies or identifiers for Google Analytics, DoubleClick, or other advertising, referral, or affiliate services (“Advertising and Analytics Identifiers”)
- Other anonymous cookies or similar technologies required for the functioning or security of the Service
- Information about errors or crashes encountered when using the Services
- Other server log information, including timestamps
If you use the capture, recording or broadcasting features of a Service, you consent to the recording of your screen, camera, audio and microphone.
Some information may be collected by or associated with first-party or third-party cookies (which are small pieces of text that websites send to and receive from browsers), web beacons, tracking pixels, or similar technologies, such as browser local storage and application data caches. While you may configure your system to disable some or all of these features, Services may not function without them.
We may use your information to:
- provide Services to you or others,
- authenticate and authorize access to Services,
- process your transactions,
- respond to or otherwise communicate with you,
- address any issues that you may have raised,
- understand how you use the Services,
- improve or create Services or other products, including research and development,
- distribute your User Content or other information when you post it publicly or choose to share it with third parties,
- facilitate your social interactions,
- publish information about the Services (such as leaderboards),
- customize content for you,
- target and serve advertisements,
- detect or prevent spam, malware, security violations, cheating, or harmful or fraudulent behavior,
- protect our Services, you or our other users, the public, or Holvonix,
- meet our accounting, tax, or other legal and regulatory obligations, and
You agree to receive communications from us via the contact method(s) you have provided. If you decide to contact us, we recommend that you minimize the amount of PII and other sensitive information that you include in your communications with us.
In consideration for the privilege of using Pre-Release Services, and to the extent permitted by applicable laws or regulations, you agree you have no expectation of privacy concerning your use of any Pre-Release Service. You agree to receive e-mail and other communications from us regarding your experience with Pre-Release Services. With regards to Pre-Release Services available via Apple’s TestFlight program, you further agree that (i) Apple may automatically collect crash data and statistics related to your use of TestFlight and any Pre-Release Service in a personally identifiable form; (ii) Apple may provide this information to us; and (iii) this information may be automatically provided to Apple and to us immediately once any Pre-Release Service is installed (or attempted to be installed) and at any time thereafter.
We and third parties may store and process your information globally. Your information may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide your information to us, we may transfer your information to the United States and process it there.
2. Your Sharing of Information with Third Parties
You may use certain Services to interact with third parties (including without limitation via communication/messaging, multiplayer gaming, collaboration, social media, or sharing features).
Certain Services may contain links to, or (via embedded widgets or otherwise) may provide information to or receive information from, websites or services that are owned or operated by third parties, which may include, but are not necessarily limited to, Twitter, YouTube, Google, Apple, and Facebook. Third-party websites or services may set or use first-party or third-party cookies, identifiers, or similar technologies according to their own policies.
Furthermore, in the course of interacting with such third parties, you, or a Service acting on your behalf, may disclose personally identifiable information to those third parties. For example, your email address or other login credentials or contents of messages you send may be communicated when:
- Making an App, in-App, or other purchase from Apple’s App Store or iTunes Store, Google Play, a distribution platform, or a reseller
- Using Apple Game Center, Google Play Games, or other multiplayer platforms
- Confirming with Apple, Google, or another a distribution platform or reseller that you have an appropriate license to use the App
- Posting Service-related content or comments on Facebook, Twitter, YouTube or other social networks
You may disclose information about yourself or others in the course of contributing content about the Services or us to store, review, rating or social network websites or apps. This information may take the form of, but will not necessarily be limited to, forums posts, reviews, audio or video recordings, comments, blog posts, chats or the like. Any such information may become publicly available, thus you should have no expectation of privacy or confidentiality with respect to that information.
When you create User Content, it may contain your PII or non-PII. If you choose to share any User Content, we and any third parties may store, use, and distribute that User Content for any purpose.
When you use a payment processor or make a purchase from or otherwise enter into a transaction involving a third party concerning Holvonix-related products or services, you may provide to that party (and that party may share with us) information including PII and non-PII, but we will not receive or store your full credit or debit card numbers.
We are not responsible for content that you provide to third parties (including any such content that third parties may share with us) or that you receive from third parties. We are not responsible for those third parties’ privacy or security practices. We recommend that you carefully review those third parties’ privacy policies, including any opt-out facilities they may provide. We are not responsible for any inaccurate link to any website of, or any inaccurate information about, any third party.
3. Our Sharing of Information with Third Parties
We may share your information with our third-party service providers (including but not limited to web, email, content delivery, or file hosts, computer and physical security providers, social media platforms, Service distribution platforms and resellers, payment processors, customer service providers, financial services, analytics and advertising providers, auditors, accountants, and attorneys) so they may process and store it on our behalf for the purposes listed in Section 1.
We may share your information with our subsidiary, parent, or sister companies (that may exist now or in the future).
We may share non-PII publicly.
We may share any information (including PII) that you instruct us to share. When you use our Services to interact with third parties, you instruct us to collect, store, and share your information (including PII) associated with those interactions (including without limitation message content, transaction and gameplay information, and User Content).
Via our Services, we may publicly share and display non-PII, such as gameplay information and statistics, without publicly associating it with your PII. For example, we may publish high-scores, lists of popular or recently-played songs, comparisons of scores of users from different states or on different in-game teams, or other leaderboard or competitive information on our Websites or in our Apps.
If you use a third-party platform account (including without limitation an Apple, Facebook, Google, or Twitter account) with a Service, the Service may authenticate you with the third party and we may collect, store, and use information, including PII, from you and/or the third party that allows us to associate you with the third-party platform account. Furthermore, in order to provide social features of the Services, we may (i) collect, store, and use your profile picture, name, information about your friends, and any other information you choose to share with us from such a third-party platform account and (ii) automatically associate with, and post to, your third-party platform account any Service information, including without limitation the fact that you’ve used the Service, gameplay scores and achievements, and identifiers of and links to content you have played. Service information associated with or posted to your third-party platform account may be automatically shared with or visible to your friends or the public, within our Services, the third-party platform, and elsewhere, and such information may be associated publicly with your PII. We recommend that you review the privacy settings associated with any third-party platform accounts carefully.
In order to provide push notifications to your devices, we may collect, store, and use device identifiers and transmit such notifications through third-party services. In order to backup and/or share across your devices your Service data, we may collect and store your Service data and share it with third-party services including without limitation Apple iCloud, Google Cloud Storage, and Google’s Android Backup Service.
We may need to disclose PII or non-PII when required by law, such as subpoenas or court orders, or in compliance with applicable laws, including but not limited to disclosure to government entities. We will only reveal such information when we have a good faith belief that the request meets applicable legal standards, or that it is necessary to exercise our legal rights, or defend against legal claims, or where in our reasonable belief, an individual’s physical safety may be at risk or threatened.
In the event of a merger, acquisition, reorganization, sale of assets, or bankruptcy, we may sell, transfer or otherwise share some of our assets, including PII and non-PII. Any third party to which we transfer, sell or share such assets will have the right to continue to use the information that you provide to us.
4. Advertising. Analytics and Your Choices
We and third-party vendors may:
- use web beacons, first-party cookies or identifiers, third-party cookies or identifiers, URL tracking parameters, and Advertising and Analytics Identifiers individually or together;
- combine or link information from one or more Services and third-party analytics, advertising, or store services;
- use Advertising and Analytics Identifiers and interest and demographic categories derived from them to better target advertisements, analyze use of our Services, track conversions, and re-market to and segment our audience.
If your system supports the required settings, you may use instructions described or linked below to control or opt-out of some advertising or analytics features, such as interest-based ads:
- In general
- For Apps – modern iOS device: Apple Support
- For Apps – modern Android device: Google Ads Help (see instructions for cases where cookie technology may not be available)
- For Websites: http://www.aboutads.info/choices, http://www.networkadvertising.org/choices/, http://youradchoices.ca/, and http://www.youronlinechoices.eu/ (refer to the sites to see which advertiser honors which opt-outs, if any)
- Google features
- Facebook ads: https://www.facebook.com/help/568137493302217
- Twitter’s privacy controls for tailored ads
- Use the Do Not Track functionality in your web browser (for websites)
If you do not wish to see ads or have analytics collected, you should not use any of the Services. Opt-outs will not disable all ads or analytics features. Our Services may not respond to “Do Not Track” signals.
You can check the settings, information, “gear,” or similar menus or dialogs of a Service for any additional privacy choices the Service may offer.
5. Protecting Your Security
While we use reasonable security measures to protect your information under our control, no security measures are perfect. To the extent permitted by applicable laws or regulations, we are not responsible for circumvention of any security measures or privacy settings contained in any Service. If we learn of a security breach, we will notify you if and as required by applicable law.
We cannot control the security of your devices, software, email accounts, Internet service providers, the network connections and other systems used to interact with our Services, or of others with whom you may choose to share information (together, “Other Systems”). To the extent permitted by applicable laws or regulations, we are not responsible for any disclosure, modification, or deletion of your information caused by Other Systems. We recommend you carefully review the security and privacy settings, including appropriate use of encryption, passwords, and multi-factor authentication that you deem necessary, for Other Systems.
You agree to use unique passwords for accounts that you maintain with us. You agree not to send us any social security numbers, drivers’ license or identification card numbers, tax identification numbers, passport numbers, military identification numbers, account numbers, credit or debit card numbers, security codes, access codes, passwords, answers to security questions, medical information, health insurance information, or any “personal information” as defined by California Civil Code Section 1798.82, except for the sole purpose of entering your password in a Service’s log-in or account settings or creation form.
6. Additional Provisions
A. California residents
If, and only to the extent that, the California Consumer Privacy Act (CCPA, Title 1.81.5 of the California Civil Code) applies to our collection, use, sale, or disclosure of your CCPA “personal information,” we qualify as a CCPA “business,” and you or your minor children qualify as CCPA “consumer(s),” then the following additional provisions apply (where the terms “consumer(s),” “collect(s),” “sell,” “personal information,” “business purpose(s),” “commercial purpose(s)” and their variations have the meanings specified in the CCPA):
- (A) Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, or other similar identifiers.
- (B) Personal information described in California Civil Code Section 1798.80(e).
- (C) Demographics that may qualify as protected classifications under California or federal law.
- (D) Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
- (F) Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an internet website, application, or advertisement.
- (G) Geolocation data.
- (H) Audio, electronic, visual, thermal, olfactory, or similar information.
- (K) Inferences drawn from personal information to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
You may request that we disclose to you the categories of personal information about you that we collected, disclosed, and/or sold, the categories of third parties to whom your personal information was disclosed and/or sold, the categories of sources from which your personal information was collected, the business or commercial purpose for collecting or selling your personal information, and/or the specific pieces of personal information collected about you. Our response will cover the 12 month period preceding your request. However, pursuant to CCPA and other applicable laws or regulations, we may refuse to disclose or may be prohibited from disclosing some specific pieces of personal information collected about you. We may choose not to respond to more than two such requests from you in a 12-month period.
You may request that we delete personal information about you which we have collected from you. However, pursuant to CCPA and other applicable laws or regulations, we and our service providers may refuse to comply with requests to delete personal information in certain cases. For example, but without limitation, we may refuse to delete information that is necessary for us or our service providers to maintain in order to complete any transaction for which the information was collected, provide goods and services to you, protect against fraud and illegal activity, debug and repair our systems, comply with our legal obligations, or for any reason specified in California Civil Code Section Section 1798.105(d).
Holvonix LLC does not currently sell consumers’ personal information, and thus we do not provide a mechanism to opt-out of the sale of your personal information.
You will not receive discriminatory treatment by us for the exercise of rights conferred by the CCPA.
In calendar year 2019, we did not receive any requests pursuant to the CCPA.
- Our obligations above and under the CCPA are subject to various exemptions under applicable law (including but not limited to California Civil Code Section 1798.145).
7. How to Contact Us