INHABIT PRIVACY AND COOKIE POLICY

Introduction

This privacy policy (“Privacy Policy“) applies to information collected by Arkadium, Inc., (“Arkadium”) though our arena gaming platform (the “Service“) and the various sites on which such Services are provided, whether located on a wholly-owned website or on a third-party publisher site (the “Sites”).  All of the applicable Sites will have a link to this Privacy Policy when you click on “privacy statement,” “privacy policy,” “privacy” (or similar phrasing) in the website footer.

As used herein, the words “user,” “you” and “your” mean users of a Service and the words “the Company,” “we,” “us” and “our” mean Arkadium.  If you access the Company’s games through a third-party website, you may be required to also read and accept the third-party’s terms of service and privacy policy.

We are committed to protecting your information.  We have established a comprehensive privacy program, including appointment of a Data Privacy Officer, designed to help us respect and protect your data privacy rights.  This Privacy Policy explains what information we may collect through the Service, how such information may be used and/or shared with others, how we safeguard it and how you may access and control its use.

Please read this Privacy Policy carefully, because when you access or use the Service, you acknowledge that you understand and agree to this Privacy Policy, including the manner in which we use your personal information.  If you do not agree to this Privacy Policy, or to any changes we may subsequently make to the Privacy Policy, you must immediately stop using the service.

QUICK GUIDE TO CONTENTS

INTERNATIONAL USERS – CONSENT TO PROCESSING AND TRANSFER OF INFORMATION

The Service is operated and based in the United States, with our servers and offices headquartered in the United States. Please be aware that information you provide to us or that we obtain as a result of your use of the Service may be processed and transferred to, and be subject to the laws of, the United States. The privacy and data protection laws in the United States may not be equivalent to privacy and data protection laws in your country of residence. By using the Service, or by providing us with any information about your preferences or about you, including information that could reasonably be used to contact you or to identify you personally, such as your name, e-mail address, telephone number or home address you consent to the collection, transfer, storage, and processing of any and all such information to and within the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to those in the country where you reside and/or are a citizen.  For more information on safeguards relating to international transfers, see HOW WE TRANSFER INFORMATION WE COLLECT INTERNATIONALLY

INFORMATION WE COLLECT

Information You Provide to Us

In connection with the Service, the Company may collect information that can identify you, including, but not limited to your name, address, telephone number, e-mail address, and other similar information that you provide the Company (“Personal Information”) when it is voluntarily submitted to us, including when you log on directly, or using a social network or other third-party log-in.

Information We Collect Automatically

Whenever you visit or interact with the Service, Arkadium, as well as any third-party vendors and/or service providers, may use a variety of technologies that automatically or passively collect information about how the Service is accessed and used (“Usage Information“). Usage Information may include, in part, browser type, operating system, device type, an estimate of your geographic location associated with your IP address, the location of your mobile device, the page served, the time, referring URLs and other information normally transmitted in HTTP requests. This statistical data provides us with information about the use of the Service, such as how many visitors visit a specific page on which the Service is installed, how long they stay on that page, the type of content on that page, which hyperlinks, if any, they “click” on and how they generally engage with that page.  Usage Information is generally non-identifying, but if Arkadium associates it with you as a specific and identifiable person, Arkadium treats it as Personal Information.

IP Addresses and Device Identifiers

We also automatically collect the internet protocol (“IP“) address or other unique identifier (“Device Identifier“) for each computer, mobile device, technology or other device (collectively, “Device“) you use to access the Service. A Device Identifier is a number that is automatically assigned to your Device when you access a web site or its servers, and our computers identify each Device by its Device Identifier.  An IP Address is a number assigned to your computer by your Internet service provider so you can access the Internet. Generally, an IP address changes each time you connect to the Internet (it is a “dynamic” address). Note, however, that if you have a broadband connection, depending on your individual circumstance, it is possible that your IP Address that we collect, or even perhaps a cookie we use, may contain information that could be deemed identifiable. This is because with some broadband connections your IP Address doesn’t change (it is “static”) and could be associated with your personal computer. We use your IP address to report aggregate information on use and to help improve the website.

Cookies

A cookie is a small string of data sent by the Service that is stored in your Device and provided back to the Service each time you interact with the Service. Cookies do not convey Personal Information about you; they provide anonymous information to us regarding how you use the Service. We may use session cookies, which are temporary cookies that disappear after you close your browser and/or persistent cookies, which remain on your hard drive after you close your browser and are reloaded when you open a new browser session. In general, cookies can make it so that you do not need to log-in again to the Service once you have already done so, they help us and our partners better understand users’ interests in order to make improvements, they allow us to show you specific content recommendations that we think will be of particular interest to you, and they can make the Service load faster and more enjoyable to use.

You can configure your Internet browser to warn you each time a cookie is being sent or to refuse cookies completely. However, disabling cookies may make certain features unavailable or not function optimally, and we may not be able to tailor our recommendations as well as we would be able to if you had not blocked the cookies.

Log Files

As is true of most web sites, we and our third-party tracking-utility partners gather certain information automatically and store it in log files. This information includes IP addresses, browser type, internet service provider, referring/exit pages, operating system, date/time stamp and clickstream data.

We use this information, which does not identify individual users, to analyze trends, to administer the Sites and Service, to track users’ movements around the Sites and Service and to gather demographic information about our user base as a whole.

Web Beacon / Pixel tags

A Web Beacon, also called a single-pixel (1×1), clear GIF, or pixel tag, is a transparent image embedded in a webpage or HTML-based e-mail that allows us to collect web log information. Web log information is gathered when you visit one of our websites by the computer that hosts our website (called a “webserver”).  We may also include web beacons in promotional e-mail messages in order to determine whether messages have been opened.  This information may include the time and date of a page view, the webpage where the beacon is placed, the pages you visited, the website you came from, the type of browser you are using (e.g., Internet Explorer), the type of operating system you are using (e.g., Windows 7), and the domain name and address of your Internet service provider (e.g., AOL).  No Personal Information is detected by web beacons, but they can help us track online usage patterns of our users and gauge the effectiveness of our activities anonymously by, among other things, enabling us to see whether particular webpages are viewed or e-mails are opened by recipients.  While you may not decline web beacons, you may render some web beacons unusable by rejecting their associated cookies. However, if you disable the cookies associated with a beacon, some services may not function properly.

Third-Party Analytics

We use third-party analytics services to analyze various data.  We currently use Google Analytics, a service which transmits website traffic data to Google servers in the United States.  Google Analytics does not identify users or associate your IP address with any other data held by Google.  We use reports provided by Google Analytics to help us understand website traffic and webpage usage.  You can find out more about the information Google collects, and controlling the information collected by Google at https://policies.google.com/technologies/partner-sites.  You can find more about the cookies used by Google at https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage.

We also use Microsoft Application Insights.  Application Insights places a cookie in the browser of the visitor of the web pages which allows for an analysis of your use of the site. The information generated by the cookie about your use of our website is usually transferred to a server of Microsoft in the US and stored there.  This information may include your activity on the site, as well as your operating system, browser, screen resolution, approximate location, and IP address.  On our behalf as a website operator, Microsoft will use this information to evaluate your use of the website, compiling reports on website activity and providing other information on website usage and internet related services to us as a website operator.   All this information is anonymous statistical data and referencing these to a person is not possible. The evaluations serve only for troubleshooting and optimization of the website and the application.  Further information from Microsoft about privacy can be found at: https://www.microsoft.com/en-us/TrustCenter/Privacy/default.aspx

Other Technologies

We may also use other kinds of local storage, such as “flash cookies,” authentication tokens, and HTML5 local storage. Like cookies, these technologies are stored on your computer, albeit in different parts of your device, and perform similar functions. They can also be used to store certain information about your preferences. Your Internet browser may allow you to disable HTML5 or delete information contained in HTML5 local storage by changing your browser setting.  Please note that disabling these technologies may interfere with the performance and features of the Service.

Information From Third Parties

In order to enhance our content recommendations to you, we may engage third-party services that may provide certain Personal Information and Usage Information that we may match with information that we have collected.

HOW WE USE THE INFORMATION WE COLLECT

Arkadium uses the information we collect about and from you for a variety of business purposes.  Generally, the information we collect about you, your interests, and your activities helps us to improve the Service and deliver a better and more personalized service to you by enabling us to customize the Service according to your individual interests, estimate our audience size and usage patterns and speed up your searches.  For example, we may use information collected from you in any one or more of the following ways:

HOW WE SHARE INFORMATION

Except as provided in this Privacy Policy or in the applicable Additional Privacy Terms, we will not provide any of your Personal Information to any third parties without your specific consent. We may share non-Personal Information, such as aggregate user statistics, demographic information and Usage Information with third parties.   We may remove data elements, such as an e-mail address, or other Personal Information as previously defined, and summarize or aggregate the remaining information in order to analyze web traffic trends, preferences and activity across the Service. The resulting operational data is no longer considered Personal Information.

We may combine your Usage Information with those of other users of the Service in order to share trend information with third parties, always in aggregated and anonymized form. For example, we may use your Usage Information as part of an aggregated number to tell a prospective partner how many people in the Arkadium network visit sports web sites each month.

We may also share your information as disclosed at the time you provide your information, as otherwise set forth in this Privacy Policy, and in the following circumstances:

Services On Our Behalf

In order to carry out your requests, to make various features, services and materials available to you through the Service, to analyze and understand how our Service is performing, and to respond to your inquiries, in certain instances we may share your Usage Information or Personal Information with third parties that perform functions on our behalf (or on behalf of our partners).  These third parties include companies or individuals to assist us in the day-to-day operations of our services, send e-mails on our behalf, to host or operate the Service, to analyze data or provide customer service.  These agents, contractors or partners are restricted from using this data in any way other than to provide services for the Company, or services for the collaboration in which they and the Company are engaged (for example, some of our products are developed and marketed through joint agreements with other companies).  These parties may set and access their own cookies, pixel tags and similar technologies on your Device and they may otherwise collect or have access to information about you, including Usage Information.  We enter into agreements with all third parties who process Personal Information on our behalf to ensure that they do so in accordance with our instructions and applicable data protection laws.

Business Transfers or Financing

We may use, share and transfer Personal Information and Usage Information, and any other information that we have collected about the users of the Service as an asset in connection with a proposed or actual merger or sale (including any transfers made as part of an insolvency or bankruptcy proceeding), or purchase of another entity, involving all or part of our business or as part of a corporate reorganization, stock sale or other change in control, or in connection with the contemplated or actual financing, insuring, sale, assignment or other disposal of all or part of our business or assets, including for the purposes of determining whether to proceed or continue with such transaction or business relationship or fulfilling any records or other reporting requirements to such parties.  Your Personal Information, Usage Information any other information that we have collected about the users of the Service may also be shared with our subsidiaries or corporate affiliates for internal reasons, primarily for business and operational purposes.

Legal Disclosure

Arkadium may transfer and disclose information, including your Personal Information, Usage Information and Device Identifier, to third parties to comply with certain legal obligations when we believe in good faith that the law requires it; which may include, at the request of governmental authorities conducting an investigation; to verify, enforce or applicable terms or other applicable policies; to respond to an emergency; or otherwise to protect the rights, property, safety, or security of Arkadium, our customers or others. This may also include exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

CHILDREN

The Service is not directed to children under 13 years of age.  Additionally, if you are under 16, do not log in or provide any personal information on the Service or on or through any of its features or register on the Service or otherwise provide any information about yourself to us.  We are not responsible for independently verifying the age of users. Should you, as a user’s parent or legal guardian, become aware that a user who is under the age of 16 has provided us with Personal Information, please notify us immediately by e-mail at dpo@arkadium.com or by mail at Arkadium, Inc., 40 West 25th St, 4th Floor, New York, NY 10010.

HOW WE STORE, SECURE, RETAIN AND DELETE YOUR INFORMATION

Arkadium takes reasonable administrative and electronic measures designed to safeguard and protect your Personal Information from accidental loss or unauthorized access, disclosure, or use. This may include using technologies such as Secure Sockets Layer (SSL) and may include one or more firewalls designed to block access from outside our network. Some of these protections may only be available to the extent that you are using an up to date and supported browser.  Information we collect may be stored or processed on computers in any country where we do business. Although Arkadium strives to protect your Personal Information and privacy, no security method or firewall can be guaranteed to protect information from hackers or human error, and we therefore expressly disclaim responsibility and/or liability for the loss, theft, destruction or inadvertent disclosure of your Personal Information. In the unfortunate event that your Personal Information is compromised, we may notify you by e-mail at the last e-mail address you have provided to us, in a reasonable time under the circumstances and as required under law. Delays in notification may occur while we take necessary measures to determine the scope of the breach and restore reasonable integrity to the system, as well as at the legitimate request of law enforcement should it be determined that such notification would impede a government investigation.

In accordance with our routine record keeping, we may delete certain records that contain Personal Information or Usage Information. We are under no obligation to store such Personal Information or Usage Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Personal Information or Usage Information. In addition, you should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons.  Arkadium may also retain and use your Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Where we have given you (or where you have chosen) a password that enables you to access certain features of the Service, you are responsible for keeping this password confidential.

HOW TO ACCESS AND CONTROL YOUR INFORMATION

You have certain choices available to you when it comes to your information. Below is a summary of those choices, how to exercise them and any limitations. We will respond to requests about this within a reasonable timeframe.

Access, Restrict or Delete Your Information:

You have the right to request a copy of your information, to object to our use of your information (including for marketing purposes), to request the deletion or restriction of your information, or to request your information in a structured, electronic format. Below, we describe the tools and processes for making these requests. You can edit your name used for the leaderboard by logging into the Service and using settings available within the Service.  For all other requests, you may contact us by emailing dpo@arkadium.com to request assistance.

You may ask us to delete, stop accessing, storing, using and otherwise processing your information. This may include if you believe an account was created for you without your permission, or you are no longer an active user. Where you gave us consent to use your information for a limited purpose, you can contact us to withdraw that consent, but this will not affect any processing that has already taken place at the time. When you make such requests, we may need time to investigate and facilitate your request. If there is a delay or dispute as to whether we have the right to continue using your information, we will restrict any further use of your information until the request is honored or the dispute is resolved. If you object to information about you being shared with a third-party app, please disable the app.   Please note that we may also need to retain certain information for record keeping purposes, to complete transactions or to comply with our legal obligations.  With regard to any of the foregoing requests, please contact dpo@arkadium.com.

Your request and choices may be limited in certain cases: for example, if fulfilling your request would reveal information about another person, or if you ask to delete information which we are permitted by law or have compelling legitimate interests to keep. Where you have asked us to share data with third parties, you will need to contact those third-party service providers directly to have your information deleted or otherwise restricted. If you have unresolved concerns, you may have the right to complain to a data protection authority in the country where you live, where you work or where you feel your rights were infringed.

Opt Out of Communications:

You always have the choice to stop receiving Promotional Communications. When you receive Promotional Communications from us you will have the opportunity to “opt out” by (i) following the unsubscribe instructions provided in the Promotional Communication you receive or (ii) by editing your preferences. Please note that despite your indicated e-mail preferences, we may still send you administrative messages regarding the Company games, including, for example, administrative confirmations, and notices of updates to our policies.

HOW WE TRANSFER INFORMATION WE COLLECT INTERNATIONALLY

International transfers of information we collect

We collect information globally and primarily store that information in the United States. We transfer, process and store your information outside of your country of residence, to wherever we, our publishing partners (on whose websites our Service may appear) or our third-party service providers operate for the purpose of providing you the Services. Whenever we transfer your information, we take steps to protect it.

OTHER IMPORTANT PRIVACY AND DATA INFORMATION

E.U. – U.S. Privacy Shield

Arkadium Inc. complies with 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 transferred from the European Union to the United States. Arkadium Inc. has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.

Under the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks, we are responsible for the processing of information about you we receive from the EU and Switzerland and onward transfers to a third party acting as an agent on our behalf. We comply with the Privacy Shield Principles for such onward transfers and remain liable in accordance with the Privacy Shield Principles if third-party agents that we engage to process such information about you on our behalf do so in a manner inconsistent with the Privacy Shield Principles, unless we prove that we are not responsible for the event giving rise to the damage.

In compliance with the Privacy Shield Principles, Arkadium Inc. commits to resolve complaints about our collection or use of your personal information. EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Arkadium Inc. at:

DPO@Arkadium.com

Dispute Resolution

Within the scope of this privacy notice, if a privacy complaint or dispute cannot be resolved through Arkadium Inc.’s internal processes, Arkadium Inc has agreed to participate in the VeraSafe Privacy Shield Dispute Resolution Procedure. Subject to the terms of the VeraSafe Privacy Shield Dispute Resolution Procedure, VeraSafe will provide appropriate recourse free of charge to you. To file a complaint with VeraSafe under the Privacy Shield Dispute Resolution Procedure, please submit the required information to VeraSafe here: https://www.verasafe.com/privacy-services/dispute-resolution/submit-dispute/

Under certain conditions, more fully described on the Privacy Shield website at https://www.privacyshield.gov/, including when other dispute resolution procedures have been exhausted, you may invoke binding arbitration.

We are subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC).

Third Parties and Other Sites

The Service may also contain links to other sites that we do not own or operate.  We do not control, recommend or endorse and are not responsible for these sites or their content, products, services or privacy policies or practices. These other web sites may send their own cookies to your Device, they may independently collect data or solicit Personal Information and may or may not have their own published privacy policies.  The policies and procedures we described here do not apply to those sites.  We suggest contacting those sites directly for information on their privacy, security, data collection, and distribution policies.

Advertisements

When interacting with the Service, if you click on a link to an advertisement, the advertiser may place a cookie on your Device as well, in which case you will be subject to their privacy policy.  Once a cookie is placed by such third parties, we have no access to or control over these cookies.

Third parties also place cookies on your Device to engage in interest-based advertising and display advertisements tailored to end users’ preferences. These third party technologies are not covered by our Privacy Policy; please consult the privacy policy of each third party for details. If you do not wish to have cookies placed on your Device, you can block cookies from your web browser.

You may be able to opt out of receiving personalized advertisements from other companies who are members of the Network Advertising Initiative or who subscribe to the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising. For more information about this practice and to understand your options, please visit:

http://www.aboutads.info,
http://optout.networkadvertising.org/ and
http://www.youronlinechoices.eu.

Sweepstakes and Contests

From time to time the Company may offer users the ability to enter sweepstakes and contest. This may be done in connection with third party independent sponsors. The official rules of such sweepstakes and contest are subject to the rules provided therewith, including but not limited to the collection of any additional information which may not be subject to this Privacy Policy.

Changes to this Privacy Policy

Please note, we may modify information presented via the Service and/or this Privacy Policy from time to time. If we make any material changes, we will place a prominent notice on the Sites prior to the change becoming effective and may require you to agree to the revised policy before continuing to use the Service. You should check back here periodically to see if the Privacy Policy has been updated.  Your continued use of the Service after the posting of revisions to the Privacy Policy will constitute your acceptance of such changes.

This Privacy Policy, in effect as of the last modified date listed below, supersedes and replaces any and all Privacy Policies previously in effect.

California Residents

We do not disclose users Personal Information to third parties for their direct marketing purposes without the users’ consent. Therefore, we are not required to maintain or disclose a list of third parties that received your personal information for marketing purposes.  In the event that this policy changes, we will provide notice to users, such as the posting of a revised Privacy Policy, and provide a reasonable mechanism for you to opt-out.

“Do Not Track”

Do Not Track is a voluntary program among Internet advertisers that is intended to give users the ability to opt-out of behavioral targeting and advertising. There are a few ways in which your computer may send a “do not track” signal to certain websites and online services you visit.  Arkadium and many or all of its third party services that collect analytics do not currently honor Do Not Track settings.  If you do not agree with Arkadium’s policy not to honor Do Not Track, your only remedy is to immediately stop using the Service.

Contact Us

Questions, comments and requests regarding this Privacy Policy are welcomed and should be addressed to dpo@arkadium.com or by mail to Arkadium, Inc., 40 West 25th St, 4th Floor, New York, NY 10010, Attn: Data Privacy Officer, Legal Department.

Last Modified: 5/22/2018