Last modified: 21/10/2020
The website and mobile app is operated by Outright Games LLC (Outright, us, we) a company registered at 29863 Santa Margarita Parkway Site 110 Rancho Santa Margarita, CA, 92688-3625 United States
- by sending an email to [email protected]
- by writing to the address above marking it for the attention of the legal department, or if you are in the EEA, you can write to FAO legal department, Unit 54 Merlin House, Meteor Way, Lee-On-The-Solent, Hants, England, PO13 9FU.
We have designed the app for the enjoyment of children of all ages. Therefore we are aware that we must be extra cautious when processing personal information. The app contains a children’s section and separate parents’ (or guardians’) section.
In the children’s section, children mainly participate only by playing the game. We do not request that children provide us with personal information, and do not offer features that are intended to collect such information from children. Typically, the only part of the app where anyone can enter personal information directly is the parents’ section. Accordingly, in most cases, we do not anticipate that we will be collecting personal information directly from any children. We anticipate and assume that we will be collecting personal information only from parents or guardians.
Please note that the app gives users the ability to narrate videos. Audio created using this feature is not stored on our servers and is not shared with any unaffiliated third parties or other users. A parent or guardian may visit the device’s privacy settings to enable or disable the microphone function at any time.
- Information we collect from Adults
Alongside any information that may be collected through the use of the website, we provide certain features within the app which is intended for use by parents or legal guardians. These features are included in the parents’ (or guardians’) section behind a verification gate and are not intended for children.
Outright collects only adequate and relevant information limited to the purposes defined hereunder.
- Information you provide us
- Email address
- Information that you provide when seeking help from our customer service
- Other information/information you may provide to us about your child.
- Information we automatically collect directly from you when you use our app/website
- Information about your device (such as device name and operating system, browser information, including browser type and the language you prefer)
- Information we collect using cookies and similar technologies
- IP address and device identifiers (such as your device ID, advertising ID, MAC address, IMEI)
- Information we obtain from our partners (distributors, billing partners)
- Information from billing and distribution partners (if you subscribe to certain games or make in-game purchases)
- Information for analytics purposes, so we can provide you with better services
- When we collect information
Outright collects some information from you when you:
- use game-related services;
- make a purchase within our app,
- contact Outright’s customer service or request information from us in any other way;
- respond to communications from us;
- communicate with us via social networking websites, third party apps or similar technologies.
- (if applicable) participate in, access or sign up to online content, newsletters or competitions.
- Legal basis for processing your personal information
We only collect personal information from you when:
- we have a legal obligation to collect and process personal information from you
- we have your consent to do so
- we need the personal information to fulfil a contract with you and provide you with services, such as customer support services, bug and service-error detection, and fraud prevention
- the processing is in our legitimate interests and not overridden by your rights, or when we have a legal obligation to collect personal information from you
- How we may use your personal information
We primarily use the information to provide you with a better experience, but we also use your information, both individually and combined, as follows:
- To operate our business, including to:
- register your participation in a contest and contact you in the event of a prize
- organize and ensure the proper management of events (e.g. registering your participation in an event, granting access to an event, prize delivery)
- protect against cheating, crime or fraud, or for other security reasons
- identify and fix bugs and service errors
- use it for administration
- compile statistics
- comply with all regulatory and legal requirements, and answer any requests from Data Protection Authorities or any law enforcement agency
- respect security requirements (e.g. performing audits)
- To provide you with support, communicate with you and respond to any requests or questions you have submitted through our customer support.
- After receiving your personal data from our website, to personalize our communication with you, including to send you, with your prior consent, promotions or marketing materials (we will provide you with the opportunity to opt out of receiving such materials in the future)
For some of the purposes described above, Outright may use and perform analytics. Analytics information supports business analysis and operations, allows product development, improves products and services, personalizes content, provides advertising, and makes recommendations.
- How we retain your information
We take steps to ensure that the personal information we collect is retained for only as long as it is necessary for the purpose for which it was collected. After this period it will be deleted or in some cases anonymized.
Where we have collected personal information based on your consent and we have no other lawful basis to continue with that processing, if you subsequently withdraw your consent then we will delete your personal information.
- How we share your information
- With Outright entities
In order to operate our website and app, your personal information may be transferred to other Outright Games or entities, subsidiaries, processors or third parties located worldwide as described below (please refer to “International operations and transfers of your information”).
(b) With authorities
We reserve the right to report to law enforcement agency activities that we, in good faith, believe to be illegal. We will investigate or take action to counter illegal activity, suspected abuse or unauthorized use of our website or app, or to protect the property or safety of others. We may also disclose your information if required by any law or court order worldwide, if the information relates to actual or threatened harmful conduct.
In that case, we will consider applicable local laws, the nature of the order, as well as the legitimacy and proportionality of your information.
(c ) In case of sale of our company
In connection with any sale of our company or any line of business (including the assets relating thereto), customer information generally is one of the transferred business assets. In the event of any such sale or disposition of any or all of our business, your information may be transferred to the acquirer.
- International operations and transfers of your information
As part of our international operations, we may transfer personal information to our affiliates (which means subsidiaries, parent companies, joint ventures, and other corporate entities under common ownership of Outright) from time to time for our legitimate business purposes.
Outright Games LLC is based in the US and we have operations, entities and services provided in Spain and the UK. We have taken measures to ensure that your personal information is treated securely and lawfully, and that it will receive an adequate level of protection in the jurisdictions in which we process it.
- Security and confidentiality of your personal information
We have implemented security measures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the personal information collected through the website and app.
We take, and force applicable third parties to take, reasonable precautions to protect your personal information against loss, misuse, unauthorized disclosure, alteration, and destruction. However, please remember that no transmission of data over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your information, we cannot guarantee the security of your information and do not assume any responsibility for the unauthorized use of, or access to, your information that is under our control.
If you believe your personal information is being improperly used by us or any third party, please immediately notify us via email at [email protected]
- Third Party Service Providers
By using the app, you may be subject to certain third party terms and conditions and privacy policies, including but not limited to application stores, mobile software platforms, and social networking services. The information gathered by these application stores, mobile software platforms and social networking sites, shall be used to support our internal operations only and it is not shared by Outright to other third parties.
- Links to Websites
- Cookies and similar technologies
We may also use technologies such as tag, pixels or web beacons. These are objects embedded in a web page or email and are usually invisible to the user but allows checking that a user has viewed the page or email. The website may also use “local shared objects”, also known as “flash cookies”. These are pieces of data that websites which use certain video players may store on your computer.
- What Cookies do we use?
Our website uses two types of cookies: Strictly Necessary Cookies and Analytics Cookies.
Strictly Necessary Cookies: These are essential to enable you to move around our website and to allow the website to work correctly.
Analytics Cookies: We use Google Analytics for website analytics purposes. This means that we use them to improve our website by seeing how many visitors come to our website and what pages and links on our website are popular (among other things). All user information collected by Google Analytics cookies are anonymized which means no website visitor can be individually identified.
- How do I change my Cookie settings?
You can change your cookie preferences at any time by clicking on the Cookies tab below. You can then adjust the available sliders to ‘On’ or ‘Off’ and click ‘Save and close’. You may need to refresh your page for your settings to take effect.
Alternatively, most web browsers allow some control of most cookies through the browser settings. You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including Strictly Necessary Cookies) you may not be able to access all or parts of our site.
- Your European Privacy Rights.
If you are a data subject in Europe, you have the following rights:
- right to object:You have the right to object, on grounds relating to your particular situation, at any time to the processing of your personal data, in which case such processing may be required to cease.
- Right of access: You have the right to know whether your personal data is being processed, and, where that is the case, to request access to the personal data. The access information includes, among other things, the purposes of the processing, the categories of personal data concerned, and the recipients or categories of recipients to whom your personal data have been or will be disclosed. You have the right to obtain a copy of your personal data undergoing processing.
- Right to rectification: You have the right to rectify inaccurate personal data concerning you. Depending on the purposes of the processing, you have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
- Right to erasure (to be forgotten):You have the right to have your personal data erased in certain cases.
- Right to restriction of processing: You have the right to have the processing of your personal data restricted in certain cases.
- Right to data portability: You have the right to receive your personal data which you provided in a structured, commonly used and machine-readable format and you have the right to transmit the personal data to another entity.
- Right to withdraw your consent:If you declared your consent regarding certain types of processing activities, you can withdraw this consent at any time with future effect.
If you have a complaint about our use of your personal data or response to your requests regarding your personal data, you may submit a complaint to the data protection regulator in your jurisdiction. We would, however, appreciate the opportunity to address your concerns before you approach a data protection regulator, and would welcome you directing an inquiry first to us.
- What should I know as a California resident
These additional disclosures for California residents apply only to individuals who reside in California. The California Consumer Privacy Act of 2018 (CCPA) provides additional rights, and requires businesses collecting or disclosing personal information to provide notices and means to exercise those rights.
- Right to Know and Data Portability
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months (the “right to know”). Once we receive your request and confirm your identity, we will disclose to you:
- The categories of personal information we collected about you.
- The categories of sources for the personal information we collected about you.
- Our business or commercial purpose for collecting or selling that personal information.
- The categories of third parties with whom we share that personal information.
- If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
- sales, identifying the personal information categories that each category of recipient purchased; and
- disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
- The specific pieces of personal information we collected about you (also called a data portability request).
- Right to Delete
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions (the “right to delete”). Once we receive your request and confirm your identity (see below), we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
- Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
We will delete or deidentify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action.
(c) Exercising Your Rights to Know or Delete
We will ask that you provide certain information to verify your identity. The information that we ask you to provide to verify your identity will depend on your prior interactions with us and the sensitivity of the personal information at issue. We will respond to your request in accordance with the CCPA. If we deny your request, we will explain why.
Only you (or a parent/guardian of a child), or someone legally authorized to act on your behalf, may make a request to know or delete related to your personal information.
You can designate an authorized agent to make a request under the CCPA on your behalf if the authorized agent is a natural person or a business entity registered with the Secretary of State of California; and you sign a written declaration that you authorize the authorized agent to act on your behalf.
If you use an authorized agent to submit a request to exercise your right to know or your right to request deletion, please have the authorized agent take the following steps in addition to the steps described above:
- Mail a certified copy of your written declaration authorizing the authorized agent to act on your behalf to our contact details included in section 8 and
- Provide any information we request in our response to your email to verify your identity. The information that we ask you to provide to verify your identity will depend on your prior interactions with us and the sensitivity of the personal information at issue.
- If you provide an authorized agent with power of attorney pursuant to Probate Code sections 4000 to 4465, it may not be necessary to perform these steps and we will respond to any request from such authorized agent in accordance with the CCPA.
Please note, we cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.
We will only use personal information provided in the request to verify the requestor’s identity or authority to make it.
(d)Response Timing and Format
We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please contact [email protected]
We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing.
Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
You may not be discriminated against because you exercise any of your rights under the CCPA in violation of Cal. Civ. Code § 1798.125.
(f) Other California Privacy Rights
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. For further information, please contact us at our contact address.