Effective Date: May 24th 2017

INTRODUCTION

This Privacy Policy describes how Gun Media Holdings, Inc. (“GMH,” “we,” “us” or “our”) collects, uses, and shares information about you and applies to your use of any online service location, including our websites, apps, and games, that posts a link to this Privacy Policy and all features, content, and other services that we own, control and make available through such online service location (collectively, the “Service”). This Privacy Policy does not apply to our information collection activities outside of the Service (unless otherwise stated below or at the time of collection) or the information collection activities of third parties, such as third party platform providers.

By using the Service, you agree to our Terms of Use and to our collection, use and disclosure practices, and other activities as described in this Privacy Policy. If you do not agree and consent, discontinue use of the Service.

INFORMATION COLLECTION

Information You Provide

We and our Service Providers (defined below) may collect information you provide directly via the Service. For example, we collect information when you register an account with us, post in our forums, play our games, access our in-game lobbies, communicate with us or other users, or transact with us through the Service.

The information we collect may include Personal Information. “Personal Information” is information that identifies you personally (whether alone or in combination), such as your first and last name, email address, display name, gender, and date of birth. You may choose to voluntarily submit certain other information to us through the Service, including Personal Information, but you are solely responsible for your own Personal Information in instances where we have not requested that you submit such information to us.

Certain areas of the Service, such as our forums and user profiles, and are designed to help you share information with the world. If you make information public through our Service, including through in-game communications and use, other users will have access to it and it will not be treated as Personal Information under this Privacy Policy. Please think carefully before making information public. You are solely responsible for information you make public. California minors have additional rights as set forth in “Your California Privacy Rights” below.

Personal Information once “de-identified” is not subject to this Privacy Policy and we and our Service Providers may treat it as non-Personal Information and use it without obligation to you except as prohibited by applicable law.

Information Collected Automatically

We and our Service Providers may automatically collect certain information about you when you access or use the Service (“Usage Information”). Usage Information may include IP address, device identifier, browser type, operating system, data regarding network connected hardware, and other information about your use of the Service. To the extent that we combine Usage Information with your Personal Information, we will treat the combined information as Personal Information under this Privacy Policy.

The methods that may be used on the Service to collect Usage Information include:

Log Files: Log files may record and store your Usage Information.

Information Collected by Tracking Technologies: Cookies, web beacons (also known as “tracking pixels”), embedded scripts, location-identifying technologies, device fingerprinting, in-app/game tracking methods, and other tracking technologies now and hereafter developed (“Tracking Technologies”) may be used to collect information about your interactions with the Service or emails, including information about your browsing and activity behavior.

  • Cookies
    A cookie is a small text file that is stored on a user’s device, which may be a session ID cookie or tracking cookie. Session cookies make it easier for you to navigate the Service and expire when you close your browser. Tracking cookies help in understanding how you use the Service, and remain longer. The Service may associate some or all of these types of cookies with your devices. Cookies may remain on your device for extended periods of time.
  • Web Beacons (“Tracking Pixels”)
    Web beacons are small graphic images, also known as “internet tags” or “clear gifs,” embedded in web pages and email messages. Web beacons may be used to count the number of visitors to the Service, to monitor how users navigate the Service, and to count content views.
  • Embedded Scripts
    An embedded script is programming code designed to collect information about your interactions with the Service. It is temporarily downloaded onto your device from our web server or a third party with whom we work, is active only while you are connected to the Service, and deleted or deactivated thereafter.
  • Location-identifying Technologies
    GPS (global positioning systems) software, geo-filtering, and other location-aware technologies locate (sometimes precisely) you for purposes such as verifying your location and delivering or restricting relevant content based on your location.
  • Device Fingerprinting.
    Device fingerprinting is the process of analyzing and combining sets of information elements from your device’s browser, such as JavaScript objects and installed fonts, in order to create a “fingerprint” of your device and uniquely identify your device and applications.
  • In-App/Game Tracking Methods.
    There are a variety of tracking technologies that may be included in apps and games, and these are not browser-based like cookies and cannot be controlled by browser settings. Some use device identifier, or other identifiers such as “Ad IDs” to associate app user activity to a particular app/game and to track user activity across apps/games.

Some information about your use of the Service and certain Third Party Services (defined below) may be collected using Tracking Technologies across time and services and used by us and third parties for purposes such as to associate different devices you use, and deliver relevant ads and/or other content to you on the Service and certain Third Party Services.

For further information on Tracking Technologies and your choices regarding them, please see “Third Party Services, Features, and Devices” and “Your Rights and Choices” below.

Information from Other Sources

We may obtain information about you from other sources, including Service Providers and Third Party Services, and combine such information with information we have collected about you. For example, we may obtain information from third party platform providers, such as Microsoft, Sony, and Valve, and their affiliates, about your use of our games on their platforms. To the extent we combine such third party sourced information with Personal Information we have collected about you on the Service, we will treat the combined information as Personal Information under this Privacy Policy. We are not responsible for the accuracy of any information provided by third parties or third party policies or practices.

USE OF INFORMATION

We may use information about you, including your Personal Information and Usage Information, for any purposes consistent with our statements under this Privacy Policy or as permitted by applicable law, including to:

  • Manage our Service, including our websites, forums, apps, and games;
  • Process and facilitate your communications and transactions;
  • Respond to your comments, questions, and requests, and provide customer service;
  • Send you technical notices, updates, security alerts, information regarding changes to our policies, and support and administrative messages;
  • Prevent and address fraud, breach of policies or terms, and threats or harm;
  • Monitor and analyse trends, usage, and activities;
  • Conduct research, including focus groups and surveys;
  • Improve the Service or other GMH websites, applications, marketing efforts, products and services;
  • Send you advertisements and communicate with you regarding our and third party products, services, offers, promotions, rewards and events we think you may be interested in (for information about how to manage these communications and marketing efforts, please see “Your Rights and Choices” below); and
  • Fulfill any other purpose disclosed at the time you provide Personal Information.

SHARING OF INFORMATION

We may share information about you, including Personal Information and Usage Information, for any purposes consistent with our statements under this Privacy Policy or as permitted by applicable law, including as follows:

Service Providers. We may share information about you with our agents, vendors, consultants, or other service providers (“Service Providers”) in connection with their work on our behalf. For example, we may engage Service Providers to operate or host parts of the Service, provide services related to the online components of our apps and games, fulfill your product orders, assist with our Promotions (defined below), or provide analytics or marketing services. These Service Providers are prohibited from using your Personal Information for any purpose other than to provide this assistance, although we may permit them to use aggregate information which does not identify you or de-identified data for other purposes. European residents have certain rights set out in “Your European Privacy Rights” below.

Publishers, Platforms, and Retailers. We may share information about you with third party publishers, third party platform providers, such as Microsoft, Sony, Valve, and Twitch, and third party retailers, and their affiliates, in connection with providing you with our Service and facilitating your requests.

Protection of Rights. We must disclose information about you in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We may also share information about you to: (i) comply with any applicable law, regulation, or legal process, such as a court order or subpoena; (ii) detect, prevent, or otherwise address fraud, security or technical issues associated with the Service or violations of our Terms of Use, or (iii) protect the rights, property or safety of GMH, its employees, clients, or users of the Service or others.

Asset transfers. We may share information about you in connection with, or during negotiations of, any proposed or actual merger, purchase, sale or any other type of acquisition or business combination of all or any portion of our assets, or transfer of all or a portion of our business to another business.

Internal Business Purposes. We may share information about you with our affiliates for internal business purposes.

Third Party Direct Marketing. We may share information about you with our affiliates, business partners, and other third parties for their own direct marketing purposes (for information regarding about your rights, see “Your California Privacy Rights” and “Your European Privacy Rights” below).

Consent. We may share information about you with your consent.

Without limiting the foregoing, in our sole discretion, we may share aggregated information which does not identify you or de-identified information about you with third parties or affiliates for any purpose.

SWEEPSTAKES, CONTESTS, AND PROMOTIONS

We may offer sweepstakes, contests, surveys, and other promotions (each, a “Promotion”) jointly sponsored or offered by third parties that may require submitting Personal Information. If you voluntarily choose to enter a Promotion, your Personal Information may be disclosed to third parties for administrative purposes and as required by law (e.g., on a winners list). By entering, you agree to the official rules that govern that Promotion, and may, except where prohibited by applicable law, allow the sponsor and/or other parties to use your name, voice and/or likeness in advertising or marketing materials.

THIRD PARTY SERVICES, FEATURES, AND DEVICES

Our Service contains content from and hyperlinks to websites, locations, platforms, and services operated and owned by third parties (“Third Party Services”). In addition, our Service contains features that allow you interact with, connect to, or access our Service through certain Third Party Services and third party devices (“Third Party Features”). For example, you use a Third Party Feature when you “like” or “share” content over social media through our Service, play our games on third party platforms and/or devices such as Xbox One, PlayStation 4, and Steam, or broadcast your videos over third party video platforms, such as Twitch. Remember that third parties may use Tracking Technologies to independently collect information about you and may solicit Personal Information from you. Also, if you use a Third Party Feature, both we and the applicable third party may have access to and use information associated with your use of the Third Party Feature.

Our Service also contains Tracking Technologies operated by third parties. For example, analytics services, such as Google Analytics, may use Tracking Technologies on our Service to help us analyze your use of the Service, compile statistic reports on the Service’s activity, and provide other services relating to Service activity and internet usage. Similarly, ad serving services, advertisers, and other third parties may use Tracking Technologies on our Service and Third Party Services to track your activities across time and services, and tailor ads to you based on your activities, which may include sending you an ad on a Third Party Service or third party device after you have left the Service (“Interest-based Advertising”).

The information collected and stored by third parties, whether through our Service, a Third Party Service, a Third Party Feature, or a third party device, remains subject to their own policies and practices, including what information they share with us, your choices on their services and devices, and whether they store information in the U.S. or elsewhere. We are not responsible for and make no representations regarding third party policies and practices, and encourage you to familiarize yourself with and consult their privacy policies and terms of use. To the extent we combine information we receive from third parties with Personal Information we collect directly from you on the Service, we will treat the combined information as Personal Information under this Privacy Policy.

For further information on Tracking Technologies and your choices regarding them, please see “Information Collected Automatically” above and “Your Rights and Choices” below.

YOUR RIGHTS AND CHOICES

Accessing Your Information.

You have the right to access Personal Information that you have voluntarily submitted to us through the Service, including correcting, updating, or removing that information, by sending an email to us here. We may require additional information from you to allow us to confirm your identity. Please note that we will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Tracking Technologies Generally

Regular cookies may generally be disabled or removed by tools available as part of most commercial browsers, and in some instances blocked in the future by selecting certain settings. Browsers offer different functionalities and options so you may need to set them separately. With respect to our apps, you can stop all collection of information via the app by uninstalling the app. Also, you may be able to exercise specific privacy choices, such as enabling or disabling certain location-based services, by adjusting the permissions in your device.

Please be aware that if you disable or remove these technologies some parts of the Service may not work and that when you revisit the Service your ability to limit browser-based Tracking Technologies is subject to your browser settings and limitations.

Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no industry consensus as to what website and app operators should do with regard to these signals. Accordingly, we do not monitor or take any action with respect to these “Do Not Track” signals or other mechanisms. For more information on “Do Not Track,” visit http://www.allaboutdnt.com.

Analytics and Advertising Tracking Technologies

You may exercise choices regarding the use of cookies from Google Analytics by going to https://tools.google.com/dlpage/gaoptout or downloading the Google Analytics Opt-out Browser Add-on.

You may choose whether to receive Interest-based Advertising by submitting opt-outs. Some of the advertisers and Service Providers that perform advertising-related services for us and our partners may participate in the Digital Advertising Alliance (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, visit http://www.aboutads.info/choices, and http://www.aboutads.info/appchoices for information on the DAA’s opt-out program for apps. Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt-out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you, but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). GMH is not responsible for effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs.

Communications

You may opt-out of receiving marketing emails from us at any time by following the instructions as provided in marketing emails to click on the unsubscribe link or by sending an email to us here with the word UNSUBSCRIBE in the subject field of the email. Please note that your opt out is limited to the email address used and will not affect subsequent subscriptions or non-promotional communications, such as those about your account, transactions, servicing, or GMH’s ongoing business relations.

We may send you push notifications until you remove our apps or games or opt-out by adjusting the permissions on your device.

Your California Privacy Rights

California’s “Shine the Light” law permits customers in California to request certain details about how certain types of their information are shared with third parties and, in some cases, affiliates, for those third parties’ and affiliates’ own direct marketing purposes. Under the law, a business should either provide California customers certain information upon request or permit California customers to opt in to, or opt out of, this type of sharing.

GMW may share personal information as defined by California’s “Shine the Light” law with third parties and/or affiliates for such third parties’ and affiliates’ own direct marketing purposes. If you are a California resident and wish to obtain information about our compliance with this law, please email us here or send us a letter to Gun Media Holdings, Inc. ATTN:Privacy 163 East Main Street 3rd Floor, Lexington KY 40507. Requests must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that GMH is not required to respond to requests made by means other than through the provided email address or mail address.

Any California residents under the age of eighteen (18) who have registered to use the Service and how have posted content or information on the Service, can request that such information be removed from the Service by sending an email to us here. Requests must state that the user personally posted such content or information and detail where the content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view.

Your European Privacy Rights

If you are a resident of Europe, including Switzerland, you have the right to ask us not to process your Personal Information (or provide it to third parties to process) for marketing purposes or purposes materially different than for which it was originally collected or subsequently authorized by you. To exercise your right, please email us here or send us a letter to Gun Media Holdings, Inc. ATTN:Privacy 163 East Main Street 3rd Floor, Lexington KY 40507. We will try to make the requested changes in our active databases as soon as reasonably practical.

PRIVACY SHIELD AND INTERNATIONAL TRANSFER

We are based in the U.S. and the information we and our Service Providers collect is governed by U.S. law. If you are accessing the Service from outside of the U.S., please be aware that information collected through the Service may be transferred to, processed, stored and used in the U.S. Data protection laws in the U.S. may be different from those of your country of residence. Your use of the Service or provision of any information therefore constitutes your consent to the transfer to and from, processing, usage, sharing and storage of your information, including Personal Information, in the U.S. as set forth in this Privacy Policy.

GMH complies with the EU-US Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Information from the European Union and Switzerland to the United States, respectively. GMH has certified that it adheres to the Privacy Shield Principles of notice, choice, accountability for onward transfer, security, data integrity and purpose limitation, access, and recourse, enforcement and liability.

In accordance with our obligations under Privacy Shield, and subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission, we hereby affirm our commitment to subject to the Privacy Shield Principles all Personal Information transferred from the European Union and Switzerland in reliance on Privacy Shield. This means that, in addition to our other obligations under the Privacy Shield Principles, we shall be liable to you for any third party agent to which we transfer your Personal Information and that processes such Personal Information in a manner that violates the Privacy Shield Principles, unless we can demonstrate that we are not responsible for the resulting damages.

In the event that you have any inquiry, dispute, or claim arising out of or relating to our compliance with Privacy Shield, please email us here or send us a letter to Gun Media Holdings, Inc. ATTN:Privacy 163 East Main Street 3rd Floor, Lexington KY 40507. If we are unable to resolve your complaint directly, you may submit your complaint at no cost to you to JAMS at https://www.jamsadr.com/file-an-eu-us-privacy-shield-or-safe-harbor-claim. In the event there are residual complaints that have not been resolved by JAMS, or any other means, you may seek a non-monetary remedy through binding arbitration to be provided to you in accordance with the Privacy Shield Principles.

To learn more about the Privacy Shield Framework, and to view GMH’s certification, please visit https://www.privacyshield.gov/.

CHILDREN

The Service is intended for a general audience and not directed to children under thirteen (13) years of age. GMH does not knowingly collect personal information as defined by the U.S. Children’s Privacy Protection Act (“COPPA”) in a manner that is not permitted by COPPA. If you are a parent or guardian and believe GMH has collected such information in a manner not permitted by COPPA, please email us here or send us a letter to Gun Media Holdings, Inc. ATTN:Privacy 163 East Main Street 3rd Floor, Lexington KY 40507, and we will remove such data to the extent required by COPPA.

DATA SECURITY

We take reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. Nevertheless, transmission via the internet is not completely secure and we cannot guarantee the security of your information collected through our Service.

CHANGES TO THIS PRIVACY POLICY

We reserve the right to revise and reissue this Privacy Policy at any time. Any changes will be effective immediately upon posting of the revised Privacy Policy. Your continued use of our Service indicates your consent to the Privacy Policy then posted. If the changes are material, we may provide you additional notice, to your email address.

CONTACT US

If you have any questions or comments about this policy, including our compliance with Privacy Shield, please e-mail us here or send us a letter to Gun Media Holdings, Inc. ATTN:Privacy 163 East Main Street 3rd Floor, Lexington KY 40507

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