July 13, 2016
1. OUR COMMITMENT TO PRIVACY
Advertisements, Content, Promotions and Services. The Services may include, without limitation, advertisements and promotions, displayed on or through such Services (collectively, “Advertisements”), text, images, photos, audio, music, videos, materials, comments, or other content displayed on or shared through the Services, whether provided by or on behalf of Vertigo, or uploaded or posted by users (collectively, “Content”), and sweepstakes, contests, rewards programs, special offers or other promotions (collectively, “Promotions”).
2. INFORMATION VERTIGO COLLECTS
Vertigo collects the following types of information from users of one or more of the Services:
a. the information you provide to become a Member;
b. the e-mail addresses of those who upload, post or share Content on a Service;
c. the names and e-mail addresses of those who communicate with Vertigo by e-mail;
d. information you provide to Vertigo in surveys and polls on a Service;
e. information you provide to Vertigo in an entry form for some Promotions offered on a Service and information provided by winners or recipients of those Promotions for a required background check or for tax purposes;
f. in certain circumstances, payment and identity verification information, such as credit card number or other payment information in connection with a purchase made through a Service; and
g. information about other people that you provide in connection with your use of a Service or Services or sharing Content.
You can choose not to provide Vertigo with certain Personal Information, but then you may not be able to take advantage of many features of a Service, such as posting comments, uploading or sharing Content, registering to use certain restricted areas of a Service, participating in Vertigo’s online community, entering or participating in Promotions, or receiving e-mail alerts or newsletters.
Automatic Information. Vertigo may collect and process certain types of information whenever you interact with Vertigo through the Services. Vertigo automatically receives and records your browser information, gameplay activity, motion sensor information, motion tracker information, operating system information, IP address, device ID, type of virtual reality equipment used, specific virtual reality platform, cookie information and the page you requested. This information will not be stored in a manner that is personally identifiable with you.
E-mail, Sharing and Communications. When you send an e-mail to Vertigo, either through the button on a Service or otherwise, Vertigo may retain your e-mail address and the contents of the e-mail that you send. When you post, upload or share Content through the Services or communicate with other users through a Service, Vertigo may retain copies of your Content. If you want to keep the information in your e-mail(s), posting(s), upload(s), share(s) or communication(s), private or proprietary, please do not send, post, upload, share, or communicate, such information or Content to Vertigo or through any Service. To help Vertigo make its e-mails more interesting and helpful, Vertigo also may receive a confirmation when you open e-mail from Vertigo if your computer or device supports this type of program.
Purchases. If you interact with a Service which allows for the purchase or goods or services, Vertigo may retain the information regarding your purchase, but Vertigo will not retain any credit card information (although such credit card information may be retained by a third party which processes transactions for Vertigo).
Social Network Profile Information. If you interact with Vertigo, a Service, Content, Promotions, through a social network or by connecting your Member account with your social network account, then you may be permitting Vertigo to access certain information from your social network profile (such as your name, e-mail address, your friend list, photos, age, gender, location, birthday, social networking ID, current city, or the people/sites you follow). If you don’t want to allow a social network to share such information with
Vertigo and other third parties, please review the privacy settings and instructions of the applicable social network before you connect your Member account with your social network account.
3. INFORMATION COLLECTED BY THIRD PARTIES
Vertigo may allow third parties to display or provide Advertisements, Content, Promotions or other services on or through a particular Service, such as, for example, our website. Vertigo, its partners and/or advertisers, or social networks, may use third party servers to serve or present the Advertisements, Content, Promotions or the Services and to conduct research about the Advertisements, Content, Promotions or Services. Any of these third party servers may collect non-personal information, such as your browser, operating system, date/time of viewing, IP address, device ID, or clickstream data. Vertigo cannot control the activities of such third parties, websites or social networks.
Furthermore, Vertigo may use third party services to enable online purchasing or e-commerce functionality, which involves the sale of Vertigo’s or third party products and services. These third party services may provide credit card or other payment processing services where they collect Personal Information and other financial information from you.
PLEASE NOTE THAT THIS POLICY DOES NOT COVER THE COLLECTION AND USE OF INFORMATION BY SUCH THIRD PARTY SERVICES, SERVERS OR SOCIAL NETWORKS. PLEASE REFER THE PRIVACY POLICIES OF EACH SUCH THIRD PARTY.
4. TRACKING TECHNOLOGIES
Vertigo or its third parties may use tracking technologies, such as cookies and Web Beacons, to collect information about users who visit or use the Services and view or interact with Advertisements, Content, and Promotions.
Cookies. Vertigo uses “cookies” to help you access and navigate the Services more efficiently and to statistically monitor how many people are using a Service.
a. A “cookie” is a small file or tool stored on your computer or device containing information that allows Vertigo to deliver customized information to you. Vertigo uses both “session” and “persistent” cookies on the Services. Session cookies are temporary bits of information that are erased once you exit your web browser or turn off your computer or device. Persistent cookies are more permanent bits of information that are placed on the hard drive (or other storage media) of your computer or device and stay there unless you delete the cookie. Persistent cookies store information on your computer or device for a number of reasons, such as retrieving certain information you have previously provided (i.e., username and password), helping to determine what areas of a Service you find most valuable and customizing such Service based on your preferences on an ongoing basis.
b. You may set your browser to notify you of or decline the receipt of cookies. Certain features of a Service, including certain Content, or Promotions, may not, however, function properly or be available if your browser is configured to disable cookies. Many companies offer programs that help you to visit websites or mobile versions of such sites anonymously. While Vertigo will not be able to provide you with a personalized experience if Vertigo cannot recognize you, Vertigo wants you to be aware that these programs are available.
Web Beacons. During your use of a Service, you may encounter Web Beacons, which may come from Vertigo or from third parties that display or provide Advertisements, Content, or Promotions or services on such Service.
a. A “Web Beacon” (sometimes also called a “web bug” or “clear gif”) is a small graphic image in a web page, a web-based document or an e-mail message that generally allows the party that set the Web Beacon to monitor certain information about the viewer of the web page, web-based document or e-mail message and may allow access to certain cookies. Web Beacons are usually invisible to the user because they are very small (generally 1-by-1 pixel). In general, however, any electronic image viewed as part of a web page, including an Advertisement or Content, can act as a Web Beacon.
b. Web Beacons on the website typically collect the URL of the page from which the Web Beacon originates, the type of browser requesting the Web Beacon, the IP address of the computer or device ID of the device to which the Web Beacon is sent and the time that the Web Beacon was viewed.
c. Certain Web Beacons used by third party advertisers, content providers or other service providers may collect information that allows such third parties to determine how many people are viewing and/or clicking on certain Advertisements or viewing certain Content, Promotions or Services for purposes of helping these parties serve and manage their Advertisements, Content, Promotions and Services. These Web Beacons do not collect or store Personal Information but they may, however, be used in conjunction with cookies to identify certain aggregate information about users.
DO NOT TRACK DISCLOSURES
a. Vertigo or its third parties may also use tracking technologies to collect information about your visits over time and across third-party websites or other online services. The Network Advertising Initiative (NAI) is a cooperative group of ad serving providers. The NAI has developed a set of privacy principles to which its members adhere. The NAI is committed to providing consumers with clear explanations of Internet advertising practices and how they affect you and the Internet generally. For more information about the NAI, third party ad servers generally and the opt-out options offered through the NAI, visit http://www.networkadvertising.org/index.asp.
Similarly, for residents of the European Union, Your Online Choices at http://www.youronlinechoices.eu is written and funded by the internet advertising industry and supports a pan-European industry initiative to enhance transparency and control for online behavioral advertising. Please visit the website and select the country option for which you are a resident to find out more information about your opt-out options.
b. California Business & Professions Code Section 22575(b) (as amended effective January 1, 2014) provides that California residents are entitled to know how Vertigo responds to “Do Not Track” browser settings. Vertigo does not currently take actions to respond to Do Not Track signals because a uniform technological standard has not yet been developed. Vertigo continues to review new technologies and may adopt a standard once one is created.
5. HOW VERTIGO USES INFORMATION
Email, Sharing and Communications. A Service may offer the ability to share Content or communicate directly with other users via e-mail and other communications. If you use e-mail or other communications, Vertigo will use the recipient’s e-mail address or other means of identification in order to send the Content and Vertigo will also ask for your e-mail address or other means of identification. Vertigo does not use the recipient’s e-mail address or other means of identification for any other purpose unless the recipient gives Vertigo permission to do so.
Member Areas. If you have access to certain areas of a Service because you are a Member (“Member Areas”), the Member Areas may contain groups, discussions, member profiles, comment areas, blogs and similar areas where Members can share information about themselves and their opinions, as well as post or share Content. Personal Information or Content you post or share through a Member Area may be viewed, accessed, or collected by, or disclosed to, other Members and may be used by other Members in ways neither you nor Vertigo are able to control or predict, including, without limitation, disclosure of your Personal Information or Content to the public or to contact you for unauthorized purposes. Vertigo uses the Personal Information you provide when registering to become a Member to send you Vertigo publications, information about Member benefits and special offers, features included in the Member Areas and other information that Vertigo believes is relevant and useful to its Members. By using the Member Areas, you hereby acknowledge and agree that any information you share in a Member Area (including, without limitation, Personal Information) is available to other Members and to Vertigo for use as provided herein.
Profiles. If you register to become a Member of a Service, the information that you provide to Vertigo may be associated with one or more profiles, which may be stored on our or third party servers. These profiles, or a portion thereof, may be viewed by other Users of a Service, including, but not limited to those who are not Members of such Service.
E-Newsletters. If you register at a Service or subscribe to any features or services, you may choose to receive a newsletter via e-mail from Vertigo or other notifications via a mobile application which may include information such as highlights from different areas on a Service, and information about new features, Content, Promotions or other Services. You can unsubscribe from the newsletter at any time by clicking on the “manage your preferences” link at the bottom of any e-mail newsletter sent to you and following the instructions. You also may unsubscribe at any time by logging in to the applicable Service where you created your profile and changing your preferences. Furthermore, you may elect to turn off notifications in a mobile application.
Promotions. Often times, Promotions offered on a Service are sponsored by unaffiliated third parties. Information that you provide as part of an entry into a Promotion sponsored by an unaffiliated third party will be shared with the sponsor if Vertigo advises you of such in the Promotions official rules. Some Promotions also may require consent to the release of information contained within the entry form for background check purposes or tax purposes if you become a winner. You should carefully review the official rules of each Promotion that you enter as they may contain additional important information about Vertigo’s or the sponsor’s use of your Personal Information.
Editorial. Vertigo also may use your Personal Information in response to a solicitation for editorial, online or for marketing and promotional purposes in connection with such solicitation. If such information is used online, on a mobile application or in a telecast, no Personal Information, other than name, city and state, will be disclosed without your consent.
Videos. Certain cookies that are set when some video products are accessed on a Service, called local shared objects or Flash cookies, may not be managed using the settings in your web browser. If you set your browser options not to accept cookies or local shared objects, you may not be able to take advantage of certain ecommerce Services, videos on a Service. You agree that Vertigo may share your viewing of videos with, or obtain information about your viewing of videos from, analytics providers and advertising partners and third-party social media sites unless you withdraw your consent.
Reports. The aggregate information collected by Vertigo may also be used to create profiles of the audience for a Service that include anonymous statistical demographic information but no Personal Information. This aggregated information is used to, among other things, determine trends and needs and supply market research to potential advertisers and partners to help them understand our Services’ audiences. For example, Vertigo may create a report that tells advertisers that thirty percent of Vertigo’s Members are females under forty years, so that they can determine which of their Content, Promotions or Services are most appropriate for Vertigo’s Members.
Administration. From time to time, in Vertigo s sole discretion, Vertigo may use your Personal Information to send you important administrative information regarding the Services or changes to Vertigo’s terms and policies. Because this information may be important to your use of the Services, you may not opt out of receiving such communications.
6. WITH WHOM VERTIGO SHARES INFORMATION
Vertigo may share your Personal Information with third parties, as follows:
Advertisers. If you “opt in” to receive information about identified advertisers or their services or products, Vertigo may share your Personal Information with them. If you have questions about how these companies use your Personal Information, Vertigo encourages you to review and understand their respective privacy policies. You may at any time “opt out” of having your Personal Information as part of Vertigo’s marketing mailing list or otherwise.
You can send an e-mail to email@example.com; or you can send mail to the following postal address:
Vertigo Games B.V.
Weena 723, 3013 AM Rotterdam
Attention: Legal – Privacy
Payment Processors. Vertigo shares your payment information with payment services providers to:
a. process payments,
b. prevent, detect and investigate fraud or other prohibited activities,
c. facilitate dispute resolution such as chargebacks or refunds, and
d. for other purposes associated with the acceptance of credit or debit cards.
If such information is stored with Vertigo, Vertigo may share your credit or debit card number with payment services providers or card networks to monitor card transactions at participating merchants and track redemption activity for the purposes of providing card-linked services.
7. SALE OR TRANSFER OF INFORMATION
In the event of a sale, merger, liquidation, dissolution or sale or transfer of substantially all of the assets or equity of Vertigo or the Services, Personal Information and/or other information collected about you from the Services may be sold, assigned or transferred to the party acquiring all or substantially all of the equity and/or assets of Vertigo or the Service(s) in order to permit the party to continue the operation of the applicable Service or Services. Subject to your ability to opt-out, you consent to the sale and transfer of your information as described in this paragraph.
8. ACCESSING, CORRECTING OR REMOVING YOUR PERSONAL INFORMATION
If you are a Member and would like to review or update your profile, please log in to and select the profile in which you would like to review, modify or delete information (i.e., the Personal Information you have provided to us). If you would like to delete your profile, please contact us at firstname.lastname@example.org.
Choice. Vertigo respects the privacy of your Personal Information. If you tell Vertigo that you do not wish to have this information used as a basis for further contact with you, Vertigo will respect your wishes. You also may choose not to provide Vertigo with certain information, but that may result in you being unable to use certain features of a Service. You may instruct Vertigo to stop sending you certain promotional materials (e.g., e-mail messages, newsletters, postcards and letters) by following the unsubscribe instructions provided in those materials or by turning of the notification feature on a mobile application. Vertigo may, however, continue to contact you to provide service to your account. Please note that if you use more than one name or e-mail address when communicating with Vertigo or participating on a Service, you may continue to receive communications from Vertigo to any name and/or e-mail address which you have not specified in your opt-out request.
Correcting or Removing Your Personal Information. For Personal Information Vertigo holds, you can request that we correct the data if it is inaccurate or remove the data if we are not required to retain it by law or for legitimate business purposes. For example, under the Data Protection Directive (European Union Directive 95/46/EC of October 24, 1995) you are entitled to obtain information (a) confirmation as to whether data relating to you is being processed and information as to the purposes of the processing, the categories of data, and the recipients to whom the data are disclosed; (b) communication of the data undergoing processing and of any available information as to their source; and (c) knowledge of the logic involved in any automatic processing of data concerning you.
Vertigo may decline to process requests that are frivolous/vexatious, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law. Under the Data
Protection Directive, we may charge you a €5 fee to comply with your request.
Vertigo provides you with the following options for correcting or removing your Personal Information from Vertigo’s database for marketing purposes:
You can send an e-mail to email@example.com; or you can send mail to the following postal address:
Vertigo Games B.V.
Weena 723, 3013 AM Rotterdam
Attention: Legal – Privacy
Canceling Your Account or Subscription. To cancel your account or subscription, you can: (a) e-mail firstname.lastname@example.org, subject “Cancel My Account” or “Cancel My Subscription” and include the e-mail address that you registered your account or subscription with (if different from the e-mail address you’re sending the e-mail from); or (b) via your online Member account page. Remember that even after you cancel your account, copies of some information from your account may remain visible in some circumstances – where, for example, you have shared information with a third-party application or website. Vertigo may also retain backup information related to your account on our servers for some time after cancellation for fraud detection or to comply with applicable law or our internal security policies. Because of the nature of caching technology, your account may not be instantly inaccessible to others, and there may be a delay in the removal of the content from elsewhere on the Internet and from search engines.
9. IMPORTANT DISCLOSURES, PRACTICES AND CONTACT INFORMATION
Third Party Links. The Services may contain links to third-party web sites. Please be aware that Vertigo cannot control and is not responsible for the information collection practices of such web sites, which may differ from those of Vertigo. Vertigo encourages you to review and understand the privacy policies of these websites before providing any information to them.
Data Security. Vertigo (either itself or through third party service providers) maintains a variety of commercially reasonable physical, electronic and procedural safeguards designed to protect your Personal Information from unauthorized access and disclosure. For example, Vertigo uses accepted tools and techniques to protect against unauthorized access to Vertigo’s systems. You should be aware that Vertigo has no control over the security of other sites on the Internet that you might visit or with which you might interact even when a link may appear to another site from one of the Services. Vertigo wants you to feel confident using the Services but no system can be completely secure. Therefore, although Vertigo takes steps to secure your information, Vertigo does not promise, and you should not expect, that your Personal Information, searches or other communications will always remain secure. In the event of a breach of the confidentiality or security of your information, including your Personal Information, Vertigo will notify you as necessary and if possible so you can take appropriate protective steps. Vertigo may notify you under such circumstances using the e-mail address(es) that Vertigo has on record for you and/or by regular mail (if available). You also should carefully handle and disclose your Personal Information.
Children. The Services are intended for general audiences and are not intended for children under thirteen (13) years of age. Vertigo requires that only persons thirteen (13) years of age or older use any of the Services. By using any Service, you hereby represent that you are at least thirteen (13) years old. Vertigo does not knowingly market to, solicit information, accept service or collect information from children under the age of thirteen (13). A Service may ask users for their birth dates to ensure that such Service is not collecting information from children under age thirteen (13) or to identify when additional steps may need to be taken in connection with information collected from children under age thirteen (13). When a Service has actual knowledge that it collects information from children or offers a service directed toward children, it will comply with applicable laws, including the U.S. Children’s Online Privacy Protection Act of 1998. In the event that Vertigo learns that we have collected Personal Information from a child under age thirteen (13) without parental consent, we will delete that information as quickly as possible. If you believe that we might have any Personal Information from or about a child under thirteen (13), please contact us at: email@example.com.
Please note that Vertigo is only required to respond to one request per customer each year. Vertigo is not required to respond to requests made by means other than through this e-mail address: firstname.lastname@example.org.
California residents who are minors under eighteen (18) years old may request the removal of any information that they posted to a Vertigo Service by contacting email@example.com. Upon such request, Vertigo will anonymize or remove from public view any content posted by a minor to a Service, unless required by law to retain such content or information.
Vertigo Games B.V.
Weena 723, 3013 AM Rotterdam
Attention: Legal – Privacy