Privacy Policy (US)

'''Privacy Policy For US Users Last Updated: July 15, 2013'''

KIXEYE Inc. (“KIXEYE”, “we”, “us” and/or “our”) respects your privacy. This Privacy Policy (the “Privacy Policy”) explains how we collect, use, store and disclose your information. This policy applies to all who use our website (the “Site”), applications (including our applications on third party websites like Facebook), forums, games and related services (collectively with our Site, the “Service(s)”). Our Site visitors and Service users are collectively referred to as “you”, and “your.”

By using the Service, you confirm that you accept our data processing practices as described in this Privacy Policy. If you do not agree with this Privacy Policy, do not use the Service and do not provide us with any personal data. If you use the Service or otherwise provide personal information to the Service, you transfer such information to the servers, offices and employees of KIXEYE, Inc. and its service providers in the United States.

We will update this Privacy Policy, with or without prior notice, as legally required and as needed to reflect different or new data processing practices. Please check back from time to time to ensure that you are aware of such updates and review the “last updated” date above to determine when updates are made. If we make material changes to this Privacy Policy, we will provide prior notice to you by email, by notice on the Site or by other means, as required by law. Your continued use of the Service will signify your acceptance of any updates or changes.

1. Information you transmit When you use the Services, you transmit information, including personal data. The information you transmit includes information that is personally identifying on its own – for example, your name, address, email address, phone number or profile information, when you register. The information you transmit also includes information that on its own may not be personally identifying (for example if you access our Site and you do not register), but which we can link to your personally identifying information after you register. You send us this data in two ways. First, you send data actively, either directly or through your account and privacy settings on a social networking site like Facebook. Second, your computer automatically transmits information when you use the Services. The information you send automatically consists mostly of (a) technical information about your computer – including IP address, MAC address, operating system, browser type, referring and exit URLs, etc. and (b) Service usage information – including your interaction with the Site and the Services, games played, game scores, use of virtual currency, interaction with other users, etc. (collectively, “Automatically Collected Information”).

We collect this Automatically Collected Information through server log files, cookies and pixel tags. A “cookie” is a small piece of data sent from a website and stored in a user’s browser while the user is browsing a website. A “pixel tag” (also known as a web beacon or clear GIF) is a tiny graphic image placed on a website or in an email that informs us whether you have taken certain action (e.g. visited a website, opened an email, etc.). For internal use, we can tie the Automatically Collected Information to your name and other identifying information, including a unique ID number that we assign to you. We may store such information in databases owned and maintained by affiliated or non-affiliated service providers.

This Privacy Policy does not apply to information collected in any other way than as listed above, e.g., any ideas for new products or modifications to existing products that you may email us, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and KIXEYE shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution.

2. How we can use your personal data We use the information you transmit, including personal data, for a variety of reasons, including to:

 3. How we disclose your information We share your information (including personal data) with third parties in the following circumstances:
 * communicate with you on information of interest and respond to requests,
 * operate, maintain and improve the Site and Services;
 * enable you to connect with friends;
 * provide you with personalized ads and product offers;
 * perform analytics for internal marketing and demographic studies;
 * troubleshoot technical concerns;
 * develop new products;
 * administer rewards, surveys, contests and other promotional activities;
 * process in-game purchases;
 * identify, research and protect against actual, potential or threatened misuse, unauthorized use, unwanted use or other forms of fraud and abuse of the Service;
 * enable third party hosts of the Site or the Services; and
 * as deemed necessary, in our sole discretion, to ensure the safety or integrity of our users, employees, third parties, our Site and Services.

Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, personal data may be part of the transferred assets.

Service Providers: We provide information to affiliated and unaffiliated third parties for their use in performing services on our behalf by enabling our partners to place cookies or pixel tags on our websites, under agreements that protect the confidentiality and security of such information. These include payment processors, advertisers, providers of chat services, etc. The information collected is not shared with third parties or used by the service provider for its own purposes. For example, KIXEYE works with ad networks to place our ad on their websites. KIXEYE allows the advertisers to place pixel tags on our site that indicates that you clicked on our ad on the advertiser’s website, but no personally identifiable information is exchanged. This is done to provide you with relevant ads and to provide the advertiser with information necessary to confirm payment.

Business Partners: KIXEYE may work with advertising vendors who collect non-personally identifiable data about your visit to the Sites and other websites in order to serve you with more personalized targeted ads and to verify campaign results. Although these companies use some anonymous information about you to display ads while you are browsing the internet, we do not permit these companies to collect any personal information about you. For instance, KIXEYE works with Google Adwords. Google may place cookies on our Sites that are used to provide targeted ads on third-party websites based on your previous visit to the Sites or your general web browsing habits. This Privacy Policy does not cover the collection methods or use of the information collected by Third Party Advertisers, and KIXEYE is not responsible for cookies or pixel tags in third party ads. For this, refer to the partner’s own privacy policy. For information on how to opt-out of such cookies, go to the Network Advertising Initiative opt-out page.

Legal Requirements: KIXEYE may disclose your personal data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of KIXEYE, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.

4. How we protect your information To protect your personal data, KIXEYE maintains reasonable safeguards to attempt to ensure the security, integrity and privacy of the personal data you have provided. However, no system can be 100% secure and there is the possibility that despite our reasonable efforts, there could be unauthorized access to your information. Therefore, you should take special care in deciding what information you send to us. Please keep this in mind when disclosing any personal data to KIXEYE via the Internet. By using our Services, you assume this risk. Please note that you should keep your account and password strictly confidential at all times.

5. Social networking sites If you access or register for the Services via a social networking site (such as Facebook), you cause the operator of such social networking site to transfer information to us in accordance with such site’s privacy policy. We do not control such settings or data transfers.

One of the special features of the Service is that it allows you to play KIXEYE games on or log in to the Services via various social networking services like Facebook (“Social Networking Service(s)” or “SNS”). To take advantage of this feature, we will ask you to log into the relevant SNS. When you use the Services on a SNS or log into the Service using your SNS account, we will collect relevant information necessary to enable the Service to access that SNS and your data contained within that SNS. As part of such integration, the SNS will provide us with access to certain information that you have provided to the SNS (including basic profile information, photos, friend lists and any additional information you permit us to collect based on your privacy settings with the SNS), and we will use, store and disclose such information in accordance with this Privacy Policy. However, please remember that the manner in which SNS use, store and disclose your information is governed by the policies of such third parties, and KIXEYE shall have no liability or responsibility for the privacy practices or other actions of any SNS that may be enabled within the Service.

You may also have the option of posting your Services activities to SNS when you access content through the Services (for example, you may post to Facebook that you performed an activity on the Service); you acknowledge that if you choose to use this feature, your friends, followers and subscribers on any SNS you have enabled will be able to view such activity. Similarly, others using the Services through a SNS may see some of your profile information, including your photos, your name and your user name.

6. Third Party Privacy Practices The Privacy Policy applies only to information collected by KIXEYE through your use of the Service. Other websites may be accessible through links from our Site or when using the Services. As stated above, certain business partners may collect data through the use of cookies or pixel tags. This data collection is subject to the terms of their privacy policies. KIXEYE is not responsible for any content appearing on those websites or any privacy or security practices for those websites.

7. Your choices You can opt not to submit any personal data to us, by refraining from accessing our Services. You can also opt to submit only some personal data to us, but this may limit your ability to participate in some activities on the Services. If you play our games, you create data on our game play boards on your use of the Services.

You can manage how your browser handles cookies through the browser’s privacy and security settings. You can manage what data your mobile device shares with KIXEYE by adjusting the settings on your mobile device. You may opt-out of certain advertisers’ cookies by using the National Advertising Initiative’s Opt-Out Tool. You may opt not to receive promotional emails or SMS communications from KIXEYE. If you do, this will not affect your ability to play games. To do so, follow the instructions on the advertisement. Even if you don’t sign up to receive promotional emails, Kixeye will send you game updates, including emails about game events, news about the game and your account, and help with technical difficulties, as part of the service. Please note that when unsubscribing from a mailing list, you may need to separately unsubscribe from each list (e.g. War Commander emails versus Battle Pirate emails). You may, at any time, update or correct your personal data by emailing [mailto:updates@kixeye.com updates@kixeye.com]. If you use the Services through a SNS, you may modify your privacy settings at any time or remove the Service from you SNS account. Please be aware that even after you remove the Service or deactivate your SNS account, some or all of your information may be visible to others if it has been incorporated into other users’ content, was shared publicly by you or others or posted on a third-party platform.

A request to delete your account may not result in removal of information collected that has been put in aggregate form, or information that cannot, in our sole discretion, be removed without undue burden by KIXEYE, including data stored on our servers and the servers of SNS. KIXEYE may also be required to retain certain purchasing information for compliance purposes.

8. Children under 13 Our Services are not suited for children under the age of 13 and we do not allow children to access any Services. If you are under the age of 13, do not submit any information to us. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide information on the Service. If you have reason to believe that a child under the age of 13 has provided personal data to KIXEYE through the Service, please contact us at updates@kixeye.com, and we will endeavor to delete that information from our databases.

9. A Special Note about our Forums, Message Boards and Chat Rooms: Our forums, message boards and public chats are public on the internet. This means that information you post in these public areas and your user name and profile image may be viewable by persons outside of the Site and show up on other websites (for instance, as search results). This information can be collected and used by other people. While we strive to protect those who wish to participate in these Service features, we cannot control use or security of any information you post in public areas.

10. Contact Us If you have any questions or complaints about this Privacy Policy, please contact us at KIXEYE, Attn: Privacy Policy, 268 Bush Street, P.O. Box 2008, San Francisco, California 94104 or by email to updates@kixeye.com.

11. Other Terms and Conditions: Your access to and use of the Service is subject to the Terms of Service and our Forum Rules.