Protecting your privacy is really important to us. With this in mind, we’re providing this Privacy Policy to explain our practices regarding the collection, use and disclosure of information that we receive through our Services. This Privacy Policy does not apply to any third-party websites, services or applications, even if they are accessible through our Services. Also, please note that, unless we define a term in this Privacy Policy, all capitalized terms used in this Privacy Policy have the same meanings as in our Terms of Service. So, please make sure that you have read and understand our Terms of Service.

REVISIONS TO THIS PRIVACY POLICY

Any personal information that is collected via our Services is covered by the Privacy Policy in effect at the time such information is collected. We may revise this Privacy Policy from time to time. If we make any material changes to this Privacy Policy, we’ll notify you of those changes by posting them on the Services or by sending you an email or other notification, and we’ll update the “Last Updated Date” above to indicate when those changes will become effective. This Privacy Policy applies to all of Phoenix Labs’ operating divisions and affiliates.

COLLECTION AND USE OF INFORMATION – WHAT WE COLLECT AND HOW WE USE IT

We collect your personal information in the following ways:

INFORMATION YOU PROVIDE DIRECTLY TO US

Third-Party Application Information. If you access our Services through a third-party application, such as the Epic Platform on Playstation 4 or Xbox One, we may collect information about you from that third-party application that you have made available via your account settings. This may include your third-party application username and email address.

Account Information. If you create an Account directly with the Services, we’ll collect information that we associate with your Account, including your username, email address, and date of birth.

Your Information Requests. If you ask for information about the Services or notification as to when certain Services will be available, you may provide information about yourself that will enable us to respond to your request. We will use this information to respond to your request and will not transfer it to third parties.

Customer Service. If you contact customer service, we may use the information you provide to us to look up your information in the relevant customer service database and fulfill your request.

Posting on the Services. We may offer interactive features such as publicly accessible forums or blogs where you may post content. You should be aware that, when you disclose information about yourself in these forums, all such content will be public. Phoenix Labs and other individuals who use our Services may collect the information you submit or make available through these interactive features.

Surveys. From time to time, we may contact you to participate in online surveys. If you do decide to participate, you may be asked to provide certain information that could identify you. We may use such information to improve our Sites and/or Services.

Transaction Information. When making purchases through the Services, our third-party payment processor will collect personal information such as your name, postal address, country, phone number, and credit card number. We do not store this information, and our payment processor will not share this information with us.

Registration for Sweepstakes or Contests. Occasionally, we may run sweepstakes and contests in which we ask participants to provide contact information (e.g., an e-mail address). If you participate in a sweepstakes or contest, your contact information may be used to reach you about the sweepstakes or contest, and for other promotional, marketing and business purposes.

INFORMATION WE AUTOMATICALLY COLLECT

Information Related to Use of the Services. Our servers automatically record certain information about how a person uses our Services (we refer to this information as “Log Data”), including both Account holders and non-Account holders (either, a “User”). Log Data may include information such as a User’s Internet Protocol (IP) address, browser type, operating system, device identifiers, location information (including inferred location based off your IP address), assumed language, the web page that a User was visiting before accessing our Services, the pages or features of our Services to which a User browsed and the time spent on those pages or features, search terms, the links on our Services that a User clicked on, in-game actions and behavior, and other statistics. We use Log Data to administer the Services. We analyze (and may engage third parties to analyze) Log Data to market and promote the Services and to improve, customize and enhance our Services by expanding their features and functionality and tailoring them to our Users’ needs and preferences. We may use a person’s IP address to generate aggregate, non-identifying information about how our Services are used.

Game Play Data. We automatically collect and store Users’ game play history and their progression through the games we offer. We use this data to administer, improve, and provide the Services to Users.

Cheat Data. We and our third-party service providers may collect, analyze and publish information about your game play and your device to detect and deter cheating.

Information Collected Using Cookies and other Web Technologies. Like many website owners and operators, we use automated data collection tools such as Cookies, Web Beacons, and other similar technologies to collect certain information.

“Cookies” are small text files that are placed on your device by a web server when you access our Services. We may use both session Cookies and persistent Cookies to identify that you’ve logged in to the Services and to tell us how and when you interact with our Services. We may also use Cookies (including the use of Google Analytics Cookies) to monitor usage and web traffic routing on our Services and to customize and improve our Services. Unlike persistent Cookies, session Cookies are deleted when you log off from the Services and close your browser. Although most browsers automatically accept Cookies, you can change your browser options to stop automatically accepting Cookies or to prompt you before accepting Cookies. Please note, however, that if you don’t accept Cookies, you may not be able to access all portions or features of the Services. Some third-party services providers that we engage (including third-party advertisers) may also place their own Cookies on your device. Note that this Privacy Policy covers only our use of Cookies and does not include use of Cookies by such third parties.

“Web Beacons” (also known as Web bugs, pixel tags, including third party pixel tags, or clear GIFs) are tiny graphics with a unique identifier that may be included on our Services for several purposes, including to deliver or communicate with Cookies, to track and measure the performance of our Services, to monitor how many visitors view our Services, and to monitor the effectiveness of our advertising. Unlike Cookies, which are stored on the User’s device, Web Beacons are typically embedded invisibly on web pages (or in an e-mail).

Information Sent by Your Mobile Device. We collect certain information that your mobile device sends when you use our Services, like a device identifier, User settings and the operating system of your device, as well as information about your use of our Services.

HOW WE USE THE INFORMATION WE COLLECT

Our primary goals in collecting information are to provide and improve our Services (to perform our contract with you), to administer your use of the Services (including your Account, if you are an Account holder), to enable you to enjoy and easily navigate our Services, to pursue our legitimate interests (e.g., direct marketing, research (including marketing research), network and information security, and fraud prevention), and to correspond with you regarding the Services and keep you updated on the Services. We may also use your information for other purposes that are clearly disclosed to you at the time you provide such information or with your consent.

INFORMATION THAT WE SHARE WITH THIRD PARTIES

We may share your information as described in this Privacy Policy; to comply with legal obligations; to protect and defend our rights and property) or with your permission.

Information Shared with Our Services Providers. We may engage third-party services providers to work with us to administer and provide the Services and process payments. These third-party services providers have access to your personal information only for the purpose of performing services on our behalf. The types of service providers to whom we entrust personal information include service providers for: (i) provision of IT and related services; (ii) provision of information and services you have requested; (iii) customer service activities; (iv) payment processing; and (iv) in connection with the provision of the Services.

Information Shared With Analytics Services. We use Google Analytics and other third-party analytics packages to collect, monitor and analyze the information we collect in order to increase the functionality and user-friendliness of the Services, to better tailor the Services to our visitors’ needs, and to understand and analyze how you are using the Services. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can choose not to be included in Google Analytics by visiting: http://tools.google.com/dlpage/gaoptout.

Advertising Partners. Through our Services, we may allow third party advertising partners to set Cookies, Web Beacons and other tracking tools to collect information regarding your activities and your device (e.g., your IP address, mobile identifiers, page(s) visited, location, time of day). These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit third party websites within their networks. This practice is commonly referred to as “interest-based advertising” or “personalized advertising.” Some of the advertising partners we use include: Snap Inc., CPMStar, Google (DoubleClick), Twitter, and Facebook. If you prefer not to share your personal information with third party advertising partners, you may follow the instructions below.

Business Partners. We may provide information to our business partners to provide you with a product or service you have requested.

De-Identified/Aggregated Information Shared with Third Parties. We may use personal information and other data about you to create de-identified and/or aggregated information. We may share de-identified and/or aggregated information with third parties for industry research and analysis, demographic profiling and other similar purposes.

Information Disclosed in Connection with Business Transactions.  If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction as permitted by law and/or contract.

Information Disclosed for Our Protection and the Protection of Others. We cooperate with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate: (i) to respond to claims, legal process (including subpoenas); (ii) to protect our property, rights and safety and the property, rights and safety of a third party or the public in general; and (iii) to stop any activity that we consider illegal, unethical or legally actionable activity.

YOUR CHOICES

We offer you choices regarding the collection, use and sharing of your personal information and we’ll respect the choices you make. For example, you may have the right to object to certain uses of your personal information. In addition, where you have consented to the processing of your personal information, you may withdraw that consent at any time by contacting us as described below. Please note that if you decide not to provide us with the personal information that we request, you may not be able to access all of the features of the Services.

Opt-Out. We may periodically send you free newsletters and e-mails that directly promote our Services if you sign up to receive these communications. You have the opportunity to “opt-out” (either through your Account or by following the unsubscribe instructions provided in the e-mail you receive). We do need to send you certain communications regarding the Services and you will not be able to opt out of those communications – e.g., communications regarding updates to our Terms of Service, this Privacy Policy, information about billing or payment, or customer service.

Cookies and Web Beacons. You may stop or restrict the placement of Cookies, Web Beacons and other technologies on your device or remove them by adjusting your preferences as your browser or device permits. Please note that cookie-based opt-outs are not effective on mobile applications. However, you may opt-out of personalized advertisements on some mobile applications by following the instructions for Android and iOS.

The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy, at https://www.networkadvertising.org/managing/opt_out.asp, http://www.youronlinechoices.eu/, https://youradchoices.ca/choices/, and www.aboutads.info/choices/.

Please note you must separately opt out in each browser and on each device.

RIGHTS OF ACCESS, RECTIFICATION, ERASURE, AND RESTRICTION

For purposes of the California Consumer Privacy Act, we do not “sell” personal information. In accordance with applicable law, you may have the right to: (i) request confirmation of whether we are processing your personal information; (ii) obtain access to or a copy of your personal information; (iii) receive an electronic copy of your personal information or ask us to send that information to another company; (iv) restrict our uses of your personal information, including the right to opt in or opt out of the sale of your personal information to third parties, depending on applicable law; (v) seek correction or amendment of inaccurate, untrue, incomplete, or improperly processed personal information; and (vi) request erasure of personal information held about you by Phoenix Labs, subject to certain exceptions prescribed by law.

If you would like to exercise any of these rights, please contact us as set forth below. We will process such requests in accordance with applicable laws. To protect your privacy, we will take steps to verify your identity before fulfilling your request. If you are a California resident, you have the right not to receive discriminatory treatment by us for the exercise of your rights conferred by the California Consumer Privacy Act.

RESPONDING TO DO NOT TRACK SIGNALS

Our Site does not have the capability to respond to “Do Not Track” signals received from various web browsers.

DATA RETENTION

We store the personal information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

THE SECURITY OF YOUR INFORMATION

We take reasonable administrative, physical and electronic measures designed to protect the information that we collect from or about you (including your personal information) from unauthorized access, use or disclosure. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information. To the fullest extent permitted by applicable law, we do not accept liability for unintentional disclosure.

LINKS TO OTHER SITES

Our Services may contain links to websites and services that are owned or operated by third parties (each, a “Third-party Service”). Any information that you provide on or to a Third-party Service or that is collected by a Third-party Service is provided directly to the owner or operator of the Third-party Service and is subject to the owner’s or operator’s privacy policy. We’re not responsible for the content, privacy or security practices and policies of any Third-party Service. To protect your information we recommend that you carefully review the privacy policies of all Third-party Services that you access.

INTERNATIONAL TRANSFER

You agree that all personal information collected via or by Phoenix Labs may be transferred, processed, and stored anywhere in the world, including but not limited to, Canada, the United States, the European Union, in the cloud, on our servers, on the servers of our affiliates or the servers of our service providers. Your personal information may be accessible to law enforcement or other authorities pursuant to a lawful request.

OUR POLICY TOWARD CHILDREN

Our Services are not directed to children under 13 and we do not knowingly collect personal information from children under 13. If we learn that we have collected personal information of a child under 13 we will take steps to delete such information from our files as soon as possible.

SUPERVISORY AUTHORITY

If you are located in the European Economic Area, you have the right to lodge a complaint with a supervisory authority if you believe our processing of your personal information violates applicable law.

CONTACT US

If you have any questions or comments about our privacy practices or this privacy policy, please contact us at:

You may also email Phoenix Labs’ Data Protection Officer at [email protected]

Please include your name, contact information, and the nature of your request so that we can appropriately respond to your communication.