Privacy Policy

Last Changes to Privacy Policy: March 13th, 2020 

 

We are strongly committed to letting you know how we will collect and use your personal information.  The policies below are applicable to data and information collected when you use the Tenacious Entertainment network of websites, including www.tenaciousentertainment.com (including any versions optimized for viewing on a wireless or tablet device); all email newsletters published or distributed by Tenacious Entertainment; all apps published by Tenacious Entertainment or its partners, including the “Battleverse Champions” app; and all other interactive features and communications provided by Tenacious Entertainment (“Apps”), however accessed and/or used, that are operated by us, made available by us, or produced and maintained by Tenacious Entertainment, LLC and its related companies (collectively “Company” or “we”, “us”, or “our”).  We have established this privacy policy (“Privacy Policy”) to let you know the kinds of personal information we may gather during your use of the Apps, why we gather your information, what we use your personal information for, when we might disclose your personal information, and how you can manage your personal information.

 

Please be advised that the practices described in this Privacy Policy apply only to information gathered through our Apps. It does not apply to information that you may submit to us offline or by companies or organizations to which we may link or who may link to us.

 

By using our Apps, you are accepting the practices described in our Privacy Policy.  If you do not agree to the terms of this Privacy Policy, please do not use the Apps.  We reserve the right to modify or amend the terms of our Privacy Policy from time to time without notice. Your continued use of our Apps following the posting of changes to these terms will mean you accept those changes.  If we intend to apply the modifications or amendments to this Privacy Policy retroactively or to personal information already in our possession, we will provide you with notice of the modifications or amendments.

 

If you have any questions about this Privacy Policy or don’t see your concerns addressed here, you should contact us by email at privacy@tenaciousentertainment.com.

 

Visiting our Apps or using our Services from outside the United States

If you are visiting our site or using our services from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States. The data protection and other laws of the United States might be different from those in your country, but please be assured that we take steps to ensure that your privacy is protected in accords with this policy. By using our services and voluntarily submitting your information to us, you consent to the general use of such information as provided in this Privacy Policy and to the transfer of that information to and storage of that information in the United States.  For individuals residing in the European Economic Area or Switzerland, please click here to find out more information.

 

What Information About Me Is Collected and Stored?

 

We collect two basic types of information from you in conjunction with your use of the Apps, personal information and non-personal information.  Personal information is information that you supply to us, as described more fully below, i.e., when you use our Services, obtain a subscription, complete a survey, register for the services on the Apps, upload content, participate in a community, or provide your e-mail address.  Personal information is any information that can individually identify you and includes, among other things, your name, e-mail address, telephone number, postal address, credit card, billing and contact information.  Non-personal information includes information that does not personally identify you, but it may include tracking and usage information about your location, demographics, use of the Apps and the Internet.

 

Personal Information

 

There are a number of circumstances in which you may supply us or our agents with your personal information.  The following lists the most common ways in which we may collect your personal information.

 

  • Registration for an account on the Apps
  • Registration for an event sponsored by Company
  • Profile information that You provide for Your user profile or the user profile
  • Identifying your location
  • Uploading content to the Apps
  • Participation in surveys or contests
  • Signing up to receive alerts or other information via email, text or instant message from Company
  • Requests for customer service, support requests or other assistance
  • Apps related communications, e.g. account verification; technical notification
  • Communicating within the Apps
  • Participation in communities, commenting on status updates and participation in other forums
  • Participating in internal betas or playtests
  • Submission of content or other data and information on any part of the Apps that permits it
  • Submitting any of the above information to our partners and allowing them to share that information with us.
  • Any other place on the Apps where you knowingly volunteer personal information

 

Non-Personal Information

 

In addition, when you interact with the Apps, we may collect certain information that does not identify you individually and our servers may automatically keep an activity log of your use of our Apps (“Non-Personal Information”). Generally, we collect and store the following categories of Non-Personal Information:

 

  • Non-identifiable demographic data such as age, gender, and five digit zip code as part of collecting personal information
  • Device information about your computer, browser, mobile device, or other device that you use to access the Apps.  This information may include IP address, geolocation information, unique device identifiers, operating system, browser type, browser language, and other transactional information.
  • Analytics and usage information about your use of the Apps.
  • Additional “traffic data” and log files such as time of access, date of access, software crash reports, session identification number, access times, and referring addresses.
  • Data about your account, game progress, player behavior and interactions with other players.
  • Other information regarding your use of the Apps.

 

Collection of Your Source IP Address/Location Information

 

We will collect and store information about your location on the Apps and associate these locations with your account on the Apps or enable through the Apps or your device.  We will not collect any location information that you do not volunteer or enable.  We will delete any location information that you request is deleted.  We do collect and store your device’s source IP address which may disclose the location of your device at the time you access the Apps.

 

Use of Cookies and Other Tracking Technologies

 

Like many websites and mobile applications, we use “cookies”, which are small text files that are stored on your computer or equipment when you visit certain online pages that record your preferences and actions.  We may also use cookies to monitor traffic, improve the Apps and make it easier and/or relevant for your use.  Like many Apps, we use cookies, web beacons and similar technologies to record your preferences, track the use of our Apps and your exposure to our advertisements, if any. We may also use these technologies to monitor traffic, improve the Apps and make it easier and/or relevant for your use.  If you delete your cookies or if you set your browser or device to decline these technologies, some features of the Apps may not work or may not work as designed.

We use both “session” cookies and “persistent” cookies.   We do not use flash cookies, web storage, web beacons or other technology that tracks your browsing history across multiple Apps.

We use cookies for the other purposes set out below:

  • We use cookies to remind us who you are and to find your account information in our database when you access a service so you do not need to log in at every visit. This helps us to provide you with service tailored to your specific needs and interests. A cookie is created when you register for a service
  • We use cookies to determine the browser the visitor uses so the site can be designed to work properly with the most common versions of different browsers
  • We use cookies in conjunction with sending you e-mail newsletters
  • Advertisers that place ads on the Apps may use cookies
  • We use cookies in conjunction with analysis of your use of our Apps and generate analytics regarding our Apps
  • We use cookies to estimate our audience size. Your browser is given a unique cookie that helps us determine whether yours is a repeat visit or a first visit

We also use web analytics services on our Apps. These analytics services use cookies or other tracking technologies to help us analyze how users interact with and use the Apps, compile reports on the Apps’ activity, and provide other services related to Apps activity and usage.  The technologies used by these analytics services may collect information such as your IP address, time of visit, whether you are a return visitor, and any referring site.  The Apps do not use these analytics services to gather information that personally identifies you.  The information generated by these analytics services will be transmitted to and stored by these services and will be subject to their privacy policies.   To learn more about the analytics services we use and to learn how to opt out of tracking of analytics, please e-mail us at privacy@tenaciousentertainment.com.

 

We may partner with third party advertising companies to better provide advertisements about our goods and services that may be of interest to you.  These third party advertisers may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use the Apps.  They may collect information about your online activities over time and across different Apps and other online services.  They may use this information to provide you with interest-based advertising or other targeted content.  These online advertising partners do not have access to or use your name, address, e-mail address, telephone number or other personally identifiable information from us, without your consent.  They may, however, use persistent identifiers to anonymously track your Internet usage across other Apps in their networks beyond these Apps.  While we restrict their further use of such information, such third parties may, with sufficient data from other sources, be able to personally identify you, unknown to us.

 

Third-party ad serving companies and other unaffiliated advertisers also display advertisements on our Apps. As part of their service, they may place a separate cookie on your computer or utilize other data collection and tracking technologies, to collect information such as your IP address, browser type, the server your computer is logged onto, the area code and zip code associated with your server, and whether you responded to a particular advertisement. For a listing of the third party companies we may allow to place cookies to serve ads on the Apps, click here.  We do not control these third parties’ tracking technologies, how they may be used, or the information they may collect and we are not responsible for the privacy policies or the content of those third parties.  Please visit the Apps of those businesses at the links above to review their privacy policies.  We may add or change the list of third party ad servers from time to time and we encourage you to check this section for changes.  You can learn more about about online advertising at www.aboutads.info/consumers.

 

Many of the third party advertisers that place tracking tools on our Apps are members of programs that offer you additional choices regarding the collection and use of your information.  You can learn more about the options available to limit these third parties’ collection and use of your information by visiting the Apps for the Network Advertising Initiative and the Digital Advertising Alliance, as well as the webpages for Facebook’s ad preferences tool and privacy policy.

 

Similarly, you can learn about your options to opt-out of mobile tracking by certain advertising networks through your device settings.  For more information about how to change these settings for Apple, Android or Windows devices, see:

 

Apple:  http://support.apple.com/kb/HT4228

 

Android:  http://www.google.com/policies/technologies/ads/

 

Windows:  http://choice.microsoft.com/en-US/opt-out

 

Please note that opting-out of advertising networks services does not mean that you will not receive advertising while using our Apps or on other Apps, nor will it prevent the receipt of interest-based advertising from third parties that do not participate in these programs.  It will, however, exclude you from interest-based advertising conducted through participating networks, as provided by their policies and choice mechanisms.

 

Your browser or device may include “Do Not Track” functionality.  Because a “Do Not Track” compliance protocol has not yet been finalized, Company’s information collection and disclosure practices, and the choices that we provide to customers, will continue to operate as described in this privacy policy, whether or not a Do Not Track signal is received.

 

How Do We Use Your Information?

 

We use the information we learn from you to help us personalize and continually improve your experience on the Apps.  We may use your Personal and Non-Personal Information in the following ways:

 

General Uses

 

  • To upload your content to our Apps as you request
  • To permit you to update, edit, and manage your content on our Apps
  • To verify and complete purchases in our Apps
  • Provide and deliver products, services, or prizes you request
  • Enable features and services in our apps
  • Enable players to communicate with each other in our apps
  • Ensure a safe and inclusive environment for our players
  • To facilitate your communication with other users of the App
  • To authenticate your and your users and employees’ accounts
  • To communicate with you about your account or transactions with us (including service related announcements) and send you information about features and enhancements on our Apps
  • To communicate with you about changes to our policies
  • To personalize content and experiences on our Apps, including providing you reports, recommendations and feedback based on your preferences
  • To disclose anonymized Personal Information to disclose statistics and analytics and other details regarding the use of our Apps.
  • To optimize or improve our products, services and operations
  • To automatically update the Apps on your device
  • To detect, investigate, and prevent activities that may violate our policies or be illegal
  • To perform statistical, demographic, and marketing analyses of users of the Apps

 

In many cases, we will also create a Tenacious-specific ID for you when you use the Service.

 

Use of Your Location Information

 

Specifically, we use your location information to:

 

  • Personalize content on our Apps, including providing you reports, recommendations and feedback based on your preferences
  • To facilitate live-time location and communication between users of the Apps
  • Optimize or improve our products, services and operations
  • Troubleshoot and fix locational based problems such as network issues
  • Provide locational based content in our apps such as events
  • Detect, investigate, and prevent activities that may violate our policies or be illegal
  • Perform statistical, demographic, and marketing analyses of users of the Apps and their purchasing patterns

 

Who Do We Provide Your Information To?

 

Except as disclosed in this Privacy Policy, we do not disclose information about your Personal Information collected online to any companies not part of Company or its parent, subsidiaries or related entities.  In no event will we sell or rent your Personal Information as part of a customer list or similar transaction.

 

Business Partners and Third Parties

 

We may share your Personal Information with our other business partners from time to time.  You may withdraw your consent to our sharing of your Personal Information with business partners and third parties at any time by following the opt-out process described below.

 

Third-Party Agents

 

We have third party agents, subsidiaries, affiliates and partners that perform functions on our behalf, such as hosting, billing, push notifications, storage, bandwidth, content management tools, analytics, customer service, fraud protection, etc.  These entities have access to the Personal Information needed to perform their functions and are contractually obligated to maintain the confidentiality and security of that Personal Information.  They are restricted from using, selling, distributing or altering this data in any way other than to provide the requested services to the Apps.

 

Emergency Situations

 

We may also use or disclose Personal Information if required to do so by law or in the good-faith belief that such action is necessary to (a) conform to applicable law or comply with legal process served on us or the Apps; (b) protect and defend our rights or property, the Apps or our users, and (c) act under emergency circumstances to protect the personal safety of us, our affiliates, agents, or the users of the Apps or the public.  This includes exchanging information with other companies and organizations for fraud protection.

 

What Steps Are Taken To Keep Personal Information Secure?

 

We are concerned about ensuring the security of your Personal Information.  We exercise great care in providing secure transmission of your information from your device to our servers.  Personal Information collected by our Apps are stored in secure operating environments that are not available to the public.  Our security procedures mean that we may occasionally request proof of identity before we disclose your Personal Information to you.  Please understand, however, that while we try our best to safeguard your Personal Information once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.

 

How Can We Transfer Your Personal Information?

Your information collected through the Apps may be stored and processed in the United States or any other country in which Company, its Clients, Affiliates or service providers maintain facilities.  Company, its Clients, Affiliates, or service providers may transfer information that we collect about you, including personal information across borders and from your country or jurisdiction to other countries or jurisdictions around the world.  If you are located in the United States or other regions with laws governing data collection and use that may differ from US law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.  Wherever your personal information is transferred, stored, or processed by Company, Company will take reasonable steps to safeguard the privacy of your personal information.  By registering for and using the Apps you consent to the transfer of information to the US or to any other country in which Company, its Clients, Affiliates or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.

How Long Do We Keep Your Information?

Following termination or deactivation of your account, Company, its Clients, Affiliates, or its service providers may retain information (including your profile information) and user Content for a commercially reasonable time for backup, archival, and/or audit purposes.  If you have any questions about termination or deactivation of your account, please contact us directly at privacy@tenaciousentertainment.com.

 

What Happens When I Link To or From Another Site?

The Apps may contain links to other websites and applications operated by third parties. Please be advised that the practices described in this Privacy Policy for Company do not apply to information gathered through these other websites and applications. We are not responsible for the actions and privacy policies of third parties and other websites and applications.

Governing Law

The Apps are published in the United States. Our Apps are located and targeted to United States citizens and our policies are directed at compliance with those laws.  If you are uncertain whether this privacy policy conflicts with the applicable local privacy laws where you are located, you should not submit your Personal Information to Company.

 

Assignment

We may change our ownership or corporate Company while providing the Apps.  We may also sell certain assets associated with the Apps.  As a result, please be aware that in such event we may transfer some or all of your information to a Company acquiring all or part of our assets or to another Company with which we have merged.  Under such circumstances we would, to the extent possible, require the acquiring party to follow the practices described in this Privacy Policy, as it may be amended from time to time.  Nevertheless, we cannot promise that an acquiring Company or the merged Company will have the same privacy practices or treat your information the same as described in this Privacy Policy.

 

Changes to This Policy

As our Apps continue to develop, we may add new services and features to our Apps. In the event that these additions affect our Privacy Policy, this document will be updated appropriately.  We will post those changes prominently so that you will always know what information we gather, how we might use that information and whether we will disclose it to anyone.  We do, however, recommend that you read this Privacy Policy each time you use our Apps in case you missed our notice of changes to the Privacy Policy.  We will not, however, materially change our policies and practices to make them less protective of Personal Information we have previously collected from you without your express consent.

 

Information for Users in Europe and Elsewhere Outside The U.S.

If you use our Apps outside of the United States, you understand that we may collect, process, and store your personal information in the United States and other countries.  The laws in the U.S. regarding personal information may be different from the laws of your state or country.  Any such transfers will comply with safeguards as required by relevant law.  If applicable, you may have a right to claim compensation for damages caused by a breach of relevant data protection laws.

 

Additional Information for Users in the European Union (EEA) and Switzerland

If you are a resident of the EEA or Switzerland, the following information applies.

Purposes of processing and legal basis for processing

As explained above, we process personal data in various ways depending upon your use of our Apps and Services.  We process personal data on the following legal bases: (1) with your consent; (2) as necessary to perform our agreement to provide Services; and (3) as necessary for our legitimate interests in providing the
Apps and Services where those interests do not override your fundamental rights and freedom related to data privacy.

Right to lodge a complaint

Users that reside in the EEA or Switzerland have the right to lodge a complaint about our data collection and processing actions with the supervisory authority concerned.  Contact details for data protection authorities are available here.

Transfers

Personal information we collect may be transferred to, and stored and processed in, the United States or any other country in which we or our affiliates or subcontractors maintain facilities. Upon the start of enforcement of the General Data Protection Regulation (GDPR), we will ensure that transfers of personal information to a third country or an international organization are subject to appropriate safeguards as described in Article 46 of the GDPR.

Individual Rights

If you are a resident of the EEA or Switzerland, you are entitled to the following rights once the GDPR becomes effective:

  • The right to request data erasure – you have the right to have your data erased from our Apps if the data is no longer necessary for the purpose for which it was collected, you withdraw consent and no other legal basis for processing exists, or you believe your fundamental rights to data privacy and protection outweigh our legitimate interest in continuing the processing.
  • The right to restrict or object to our processing – you have the right to restrict or object to our processing if we are processing your data based on legitimate interests or the performance of a task in the public interest as an exercise of official authority (including profiling); using your data for direct marketing (including profiling); or processing your data for purposes of scientific or historical research and statistics.
  • The right to object to automated decision making – you have a right to avoid being subject to automated decision making and insist on human intervention if we make an automated decision that produces a legal or a similarly significant effect on you.

 

What Are Your Choices and How Do You Opt-Out?

 

We believe you should have choices about the collection, use and sharing of your information.  Although you cannot opt-out of all data collection when you visit our Apps, you can limit the collection, use and sharing of your personally identifiable information.

 

Collection of Personal Information.  All personally identifiable information is provided on a voluntary basis.  If you do not want Company to collect such information, you should not submit it to the Apps.  However, doing so will restrict your ability to access some content and use some of the functionality of the Apps.

 

Emails and Other Communications.  If you would like to alter the type of communications you receive from us, including opting out of promotional communications from us, you may do so at any time by updating the communication preferences specified in your account profile through the Apps.  Please note that this may affect your ability to access certain products and services, and we may continue to send non-promotional communications such as staffing confirmations, surveys, and other information about your use of the Service. If you refer others to us using our email functionality, please note that they may choose not to receive any promotional emails from us in the future by following the opt-out instructions in the email invitation.

 

Tracking. You also have choices to limit some tracking mechanisms that collect information when you use the Apps. Many web browsers automatically accept cookies, but you can usually modify your browser’s setting to decline cookies if you prefer. If you choose to decline cookies, certain features of our Apps, including the Apps themselves, may not function properly or remain accessible to you. In addition, you may also render some web beacons unusable by rejecting or removing their associated cookies. Note that if you choose to remove cookies, you may remove opt-out cookies that affect your advertising preferences.  For more detail on your ability to opt out, see Use of Cookies and Other Tracking Technologies above.

 

Please note that while you may opt out of online behavioral advertising and other targeted advertising served by participating companies through Apps you may still see other types of advertising on the Apps, it just may not be as relevant or targeted to your interests.

 

Accessing and Correcting Your Information.  If you have an account with Company, you may review and change your information by logging into your account and editing your profile.  Be advised that we may not be able to delete your Personal Information without also deleting your user account.  You will not be permitted to examine the Personal Information of any other person or entity and may be required to provide us with Personal Information to verify your identity prior to accessing any records containing information about you.  We may not accommodate a request to change or delete Personal Information if we believe doing so would violate any law or legal requirement, or cause the information to be incorrect.

 

If you have any questions about this Privacy Policy, you should contact us by email at privacy@tenaciousentertainment.com.