Privacy Statement

Last Updated: June, 2020

Applicability

This Privacy Statement is applicable to all information gathered by or submitted to Aspyr Media, Inc. ("Aspyr", "we", "us", “our”) through the products, services, and websites operated by us (collectively referred to as "Online Services"), that are accessed through any internet capable hardware platform, including personal computers, mobile devices, gaming consoles, or in-game applications. Before submitting personal information to any website or online service, you should always review the applicable privacy statement and Terms of Use.

This Privacy Statement applies only to information submitted and collected online through the Aspyr Online Services. In addition, this Privacy Statement does not extend to websites maintained by our international affiliates or other companies or organizations to which the Aspyr Online Services link to.

If you don't find your concern addressed here, feel free to contact us by email at privacy@aspyr.com. We are located at 1250 S Capital of Texas Highway, Building One, Suite 650, Austin, TX 78746.

 

Acceptance of These Terms

This Privacy Statement is incorporated into and is subject to the Aspyr Terms of Use. If you do not agree to the terms of this Privacy Statement or the Terms of Use, please do not submit any personal information via the Aspyr Online Services and do not use the Aspyr Online Services. Your continued use of the Aspyr Online Services, including after any modifications to this Privacy Statement, will signify your acceptance of the then-current terms for information gathered after the date of the change.

WHEN YOU USE ASPYR ONLINE SERVICES OR SUBMIT INFORMATION TO US THROUGH OUR ONLINE SERVICES OR CONTACT US VIA EMAIL, YOU IRREVOCABLY CONSENT TO THE THEN-CURRENT TERMS OF USE AND THIS PRIVACY STATEMENT.

 

What Information, Including Personal Information, Do We Collect From You?

Personal information is information that identifies you personally and that may be used to contact you. Aspyr only collects personal information from our online visitors who have submitted it to us voluntarily. When you use our Online Services and choose to take advantage of or participate in the features or services that we offer there, you may be asked to provide specific personal information so that we can complete the requested service or transaction or provide you access to further information or complete your enrollment in the service or promotion or contest that you requested.

Examples of services or features for which we may ask you to provide personal information include:

• Contests
• Customer support or technical service requests
• Registration for specific services, newsletters, or other publications of interest
• Marketing surveys
• Registration for membership on our websites or Online Services
• Registration of software, including personal computer products, console products, and mobile products
• Use of our online products or Online services where personal information is required for use and/or participation.

Requested information may include your first and last name, email address, phone number, and home address. We may also request certain demographic data that does not, on its own, identify you personally, such as your date of birth or gender. We also may ask you for information about your interests so that both you and we can take advantage of the interactivity of the Internet. We may use your personal, demographic and/or interest information to let you know of additional products and services about which you might be interested.

In addition to personal information that you voluntarily submit to us, we also gather non-personal, passive technical information when you use our Online Services. Our web servers automatically collect certain technical information every time a browser application or online in-game application accesses our Online Services, including the IP address of the accessing computer, mobile device, or gaming console and the name and version of the web browser and operating system (this information is automatically sent by your browser application). The IP address tells us both the Internet Service Provider (ISP) and the general geographic area from which the computer is connecting. We psuedonymize IP addresses so that they are never connected to any personal information you send us without your consent.

Aspyr may also track the date and time users access our Online Services, how long the session lasts, what pages, files, videos, etc. users visited or viewed, and what website was last visited by the browser prior to visiting the Aspyr Online Service, when applicable.

This information is used internally by Aspyr to help provide a good web experience to our community, including proper formatting for our web pages, and the improvement of gaming experiences. This information is also provided in the aggregate to third parties, including potential business partners and advertisers, to describe basic use patterns of our Online Services. We also use the information from the log files of our web servers to monitor the security of our website infrastructure, to log any errors that were encountered by users of our Online Services, and to identify aggregate trends in use, such as the frequency of a file download, which pages of our websites are most popular, how frequently a game is launched, etc. We may also cross-reference different categories of non-personal technical information, such as geographic location and frequency of page views, for example, for marketing purposes such as determining whether to translate certain pages into other languages.

When you use certain software products published and/or developed by Aspyr, information about your use may be collected and transmitted to Aspyr through network services or any other internet connection method used by the hardware on which you use such software (collectively and individually your "Internet Connection”).

What Gameplay information does Aspyr collect? When you use Aspyr Online Services on internet-capable hardware, Aspyr may receive information regarding your gameplay without any additional notice to you or actions taken by you. Aspyr will not receive personally identifiable information such as your name, address, email, or IP address, but may receive other information such as:

• Console ID
• Gaming Service ID
• Game achievements
• Game scores
• MAC address
• Device ID
• Console/device use information
• Other information and statistics regarding your usage of the games or services.

Information about gameplay may be collected while you are offline and transmitted to Aspyr when you next connect to the Internet whether or not you are currently logged into your Internet Connection from your console, handheld gaming device, mobile device, computer, or other gaming platform. Aspyr may use such information as set forth in this Privacy Policy whether or not you register for or use the Online Services.

 

How We Use Your Information

Any information that we collect about you or that you provide to us, including any personal information is used in the following ways:

• To present our Online Services and deliver content to you.
• To provide you with information, products or services that you request from us.
• To fulfill any other purpose for which you provide it.
• To provide you with notices about your account and subscription, including expiration and renewal notices.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• To notify you about changes to our site or any products or services we offer or provide though it.
• In any other way we may describe when you provide the information.
• For other purposes with your consent.

 

When Do We Disclose Your Information to Other Parties?

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. Here are instances of when non-personally identifiable information may be shared to Other Parties:

• Aspyr subsidiaries and affiliates.
• To contractors, service providers and other third parties we use to support our business.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Aspyr Media, Inc.’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by Aspyr Media, Inc. about our Online Services users is among the assets transferred.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information.
• To Other Parties with your consent.

Except as disclosed in this Privacy Statement, Aspyr does not use or disclose information about your individual visits or use of our Online Services or your personal information that you may give us, such as your name, address, email address or telephone number, to any outside companies. Aspyr does not sell any customer lists or email addresses. Aspyr does not share personal information with third parties for marketing or advertising purposes without your consent. You will give this consent by "opting-in" to having your information shared with third parties when you register. These third parties may include our marketing partners, who may want specific information to better shape their marketing efforts. Additionally, we provide via our Online Services the opportunity to be sent newsletters and information about promotional events, publications, and marketing events. Again, we will not send this information to you unless you "opt in" for these services and publications.

In addition, we may contract with certain trusted companies to act on our behalf by performing such functions as fulfilling orders, delivering packages, and providing customer service. In those cases, those entities are provided with only the information needed to perform the specific function and they may not use such information for other purposes.

Aspyr may also disclose your personal information if required to do so by law or in the good-faith belief that such action is necessary to conform to applicable law or comply with legal process served on Aspyr or our Online Services. Aspyr also shares information in order to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Use, billing and collection, if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Aspyr Media, Inc., our customers or others, or as otherwise allowed by law.

Aspyr does not share with, rent, transfer or sell to any non-affiliated entities information such as your cover letter, salary history, requirements or resume, that you submit to Aspyr through our Online Services in connection with a job application.

 

Third Party Advertisers and Analytics

Aspyr works with various third-party advertising and analytics agents that use cookies, web beacons, and similar technologies to collect information. We do not have access to or control of the third-party tracking technologies, and we encourage you to review their privacy policies before disclosing information to such parties. 3rd party vendors that Aspyr uses (but is not limited to) are:

• Google
• Facebook
• Amazon
• Apple
• Yahoo
• Sony Interactive Entertainment
• Microsoft
• Nintendo
• Unity

 

A Word About Cookies

Cookies are small data text files that are sent from a server to your computer during a browsing session. Cookies are typically stored on your computer's hard drive by your web browser and are used by websites to simulate a continuous connection to that site.

Cookies, by themselves, do not necessarily let a website know any personally identifying information about you, such as your real name, address, etc., unless you previously provided that information at the web site or have set your preferences in your browser to provide that information. Aspyr is not generally interested in any one individual and does not collect personally identifiable information about any one person using cookies. For example, we use cookies to store your age ('over 16', 'over 18', etc) so you do not have to provide your date of birth each time you move to a page with age-restricted content.

Also, because we use several servers to support our website and help manage load, we use cookies to coordinate your visit between the servers. If you have disabled cookies in your browser, there is a good chance some of our Online Services will not function correctly.

 

Children Under 16 or Minors that are Under 18 Years of Age

Aspyr does not knowingly collect any personally identifying information from children under 16 years of age. Children under 16 years of age will not be listed in any member directories, and will not receive direct marketing communications from Aspyr or other third parties. In addition, some content accessible through our Online Services relates to games that are rated mature and intended only to be viewed by adults 18 and older.

It is possible that due to fraud or deception by others, Aspyr may unknowingly receive information pertaining to children under the age of 16. If Aspyr is notified of this, once we have verified the information, we will delete the information from our servers. PROVIDING FALSE INFORMATION VIA ASPYR ONLINE SERVICES IS A VIOLATION OF THIS PRIVACY POLICY AND OUR TERMS OF USE.

If you are a parent or guardian of a child under 16 years of age questions about the collection or use of your child's personal information, or if you otherwise would like to notify Aspyr that you believe we have received the personal information of a child under the age of 16, please contact us at privacy@aspyr.com.

 

Links to Other Sites

When you are using Aspyr Online Services, you could be directed to other websites that are beyond our control that are operated by third parties. For example, if you "click" on a banner advertisement, the "click" takes you off the Aspyr site or Online Service to the third party site. We also provide multiple links for the purchase of games and related products, and to participate in contests or promotions that might be of interest to you. These links include links from advertisers, sponsors and partners that may use the Aspyr logo as part of a co-branding agreement. These other sites may send their own cookies to users, collect data or solicit personal information. Always be aware of where you end up by looking at the URL located in the browser window of your browser application. If the URL is not a domain or subdomain of the Aspyr Online Services, then you have left the Aspyr Online Services and are now interacting with another party's website. This Privacy Statement does not apply to websites or online services other than the Aspyr Online Services, even if you arrived at the other website or from a link located in any of the Aspyr Online Services.

Aspyr may display targeted advertisements based on demographic information. Advertisers (including ad serving companies) may assume that people who interact with, view or click on targeted ads meet the targeting criteria (for example, women ages 18-24 from a particular geographic area). By interacting with or viewing an ad you are consenting to the possibility that the advertiser will make the assumption that you meet the targeting criteria used to display the ad.

 

Participation in Public Online Discussion

In addition to directly providing information to Aspyr, you might also use our Online Services to provide personal information to the general public through chat sessions, email exchanges or message boards made available to you on our Online Services. This Privacy Statement does not cover this type of transfer of your personal information.

You should always be careful when distributing your personal information in this manner, and remember that online chat sessions, message boards and newsgroup use is considered public and you are legally responsible for your actions in these areas.

Please keep in mind that whenever you publish personal information online - for example, via message boards or chat - that information can be collected and used by people you don't know. While we strive to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online and you do so at your own risk.

 

Security

Aspyr has reasonable security measures in place to protect against the loss, misuse and alteration of the information under our control. We use firewalls, SSL encryption, and other current technologies to detect and deter potential threats to the security of our servers and the information stored there.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Online Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Online Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Website, Games, or Online Services.

 

Changes

Aspyr will occasionally update this Privacy Statement at our sole discretion. Please check the Aspyr Online Services frequently to see recent changes. Such changes and/or modifications shall become effective immediately upon posting thereof. Without limiting the foregoing, Aspyr may occasionally notify you by email about changes to our Online Services or provide notices of changes by displaying notices or links to notices to you generally on our Online Services. Your continued use of the Aspyr Online Services constitutes your agreement to this Privacy Statement and all of the terms and conditions set forth herein, as may be modified from time-to-time.

 

Updating, Deleting or Obtaining Your Personal Information

Aspyr permits you to correct, update, or delete personally identifiable information that you have provided to us. To do so, visit Aspyr.com/account and follow the prompts to modify or delete your information. You must be logged into your Aspyr account to have your information modified or deleted.

If you would like to obtain a list of the information we have stored for you, please email privacy@aspyr.com with the word “Export” in the subject line. We will respond to your request within 72 hours of us receiving the email.

 

Transfer of Information to the United States

The Aspyr Online Services and all information submitted by users via Aspyr Online Services by online form or by email and all other non-personal information that we collect is stored and processed on equipment that is physically located in the United States. Although we care about your privacy and will adhere to this Privacy Statement, in general the protection of personal information in the United States may not be the same as that provided in other countries. When you use the Aspyr Online Services, communicate with us via our Online Services, or provide your personal information to us, you do so voluntarily in order to use and enjoy the services, features, and promotions that we offer through our Aspyr Online Services, and by your own actions, you are causing the transfer of your information out of your home country to our servers located in the United States. When you communicate with us through our Online Services, you agree that you have unambiguously consented to the transfer of your personal information to the United States.

 

For Users Located In Canada Only

Users' information is not currently sold or rented or used for purposes other than as described in this Privacy Statement. If we decide to sell, rent, or use your information for purposes not disclosed (and not in order to cooperate with local, provincial or national officials or otherwise to comply with applicable laws or to protect the rights and property of us or our users, sponsors, providers, or licensors), we will announce such plan and ask you to "opt in". If you wanted to share your personal information, you would have to respond. In the absence of such a response, your information would not be shared with anyone other than us.