Privacy Policy

Welcome to WinView Games. We are committed to protecting your privacy. This Privacy Policy applies to information we collect through the WinView applications and websites (collectively, the “WinView Service”). The WinView Service is offered by WinView Inc. (“WinView”). Please take a moment to read this Privacy Policy carefully before using the WinView Service.

This Privacy Policy explains how we may collect your information, how we may use your information or share it with others, and how you may access and control your information in connection with our marketing communications and activities. We hope this will help you make an informed decision about sharing information with us. In addition, please review the WinView Terms of Use, which governs your use of the WinView Service and any content you submit to us.

ACCEPTANCE OF PRIVACY POLICY.

By accessing or using the WinView Service and/or providing us with your Personal Information (defined below), you consent to the terms of this Privacy Policy and understand that we will collect, maintain, use, and disclose your Personal Information in accordance with this Privacy Policy and United States law. You hereby waive any claims that may arise under the laws and regulations that apply to you in any other country or jurisdiction.

If you do not agree to the terms of this Privacy Policy, do not use the WinView Service. Please review this Privacy Policy frequently as we reserve the right to change the policy at any time. For more information, please refer to the section entitled “Changes To This Privacy Policy” detailed below. If you believe we have not adhered to this Privacy Policy or if you have any other questions regarding this Privacy Policy, please contact us at support@winviewgames.com.

SPECIAL NOTE ABOUT CHILDREN.

We do not offer the WinView Service to, or knowingly collect or solicit information from, anyone under the age of thirteen (13). Accordingly, we do not knowingly collect age identifying information, nor do we knowingly collect any Personal Information from children under the age of thirteen (13). If you are under the age of thirteen (13), do not use or provide any information through the WinView Service or on or through any of its features, use any of the interactive or public comment features, or provide any information about yourself to us. In the event we discover that anyone under the age of thirteen (13) has provided Personal Information to us, in accordance with our policies and the Children’s Online Privacy Protection Act, we will delete that person’s Personal Information from our files to the extent technologically possible. If you believe we might have any information from or about a person under the age of thirteen (13), please send an email to: support@winviewgames.com.

INFORMATION WE COLLECT.

In order to operate the WinView Service and provide you with access to certain features, WinView may collect the following types of information about you:

(i)               Personal information by which you may be identified (“Personal Information”) as well as information that may not be personally identifiable standing alone (for example, your age), but which may become personally identifiable when combined with Personal Information (for example, your age combined with your name); and

(ii)              Information about you and your activities on the WinView Service that does not identify you personally (“General Information”), such as your domain server, device type, web browser, the operating system or platform you use, referrer data identifying the web pages you visited prior to and after accessing the WinView Service, and your movement and activity within the WinView Service.

A.               PERSONAL INFORMATION.

·        Personal Information about You Collected Directly from You. WinView may collect your Personal Information when you interact with us directly through the WinView Service, such as when you access various content or features, contact us directly, or other methods through which you interact with the WinView Service, including without limitation, open a WinView account, request information, submit comments, post on social media sites, participate in a promotion, survey or other feature of the WinView Service, redeem rewards as part of the WinView Rewards Program, or otherwise use the WinView Service. The Personal Information we may collect and maintain about you includes:

·        Contact information, such as name, email address, postal address, and telephone numbers;

·        Username, password, and password reminder questions and answers;

·        Age and date of birth;

·        Gender;

·        State/province and city;

·        Location coordinates (longitude, latitude, and radius) if you use your mobile phone or a GPS equipped device to access the WinView Service;

·        Unique identifiers, such as an Internet Protocol (IP) address, a processor or device serial number or other unique device identifiers, that are combined with Personal Information; and

·        In certain circumstances, payment and identity verification information, such as credit card number, expiration date, social security number or comparable national identifiers, and driver’s license number where needed for payment or to verify identity in relation to the WinView Rewards Program, or for other programs or components of the WinView Service that may require payment for use.

·        Personal Information about You Received from other Sources. Where permitted by applicable law, WinView may collect information about you from other sources, including through interactive applications (such as mobile devices and third party services), from commercially available sources (such as data aggregators and public databases) and via third party social networking sites. For example, if you are on another website and you opt-in to receive information from us, that website may send us your email address and other information so we can contact you as requested. If you choose to participate in a third party application or feature (such as one of our Facebook or Twitter applications or a similar application or feature on a third party website), you allow us to collect (or the third party to share) information about you, including Personal Information. We may also receive information about you if other users of a third party website give us access to their profiles and you are one of their “connections” or information about you is otherwise accessible through your “connections’” web page, profile page, or similar page on a social networking or other third party website or interactive service. We may also receive information about where you redeem your rewards. WinView may access and store some or all of the following Personal Information received from other sources:

·        Contact information, such as name, email address, postal address, and telephone numbers;

·        Age and date of birth;

·        Gender;

·        State/province and city;

·        Location coordinates (longitude, latitude, and radius) if you use your mobile phone or a GPS equipped device to access the WinView Service;

·        Unique identifiers, such as an Internet Protocol (IP) address, a processor or device serial number or other unique device identifiers, that are combined with Personal Information; and

·        Your username and password for those services and other information available about or collected from you by those sources.

The information you allow WinView to access varies by source, and it is affected by the privacy settings established by those third parties. This Privacy Policy does not cover the practices of third parties, including those that may disclose information to us. For more information about how those third parties handle your Personal Information, please refer to their privacy policies.

·        Public Forums. We may offer chat rooms, blogs, message boards, bulletin boards, or similar public forums where you and other users of the WinView Service can communicate. Any information or content posted by users to the public forums, including, without limitation, bulletin boards, chat rooms, blogs and forums, offered as part of the WinView Service is considered published content, not Personal Information, and is therefore not treated as Personal Information pursuant to this Privacy Policy. This includes (but is not limited to) videos, images, comments, and forum posts. You must exercise caution and discretion before posting on such public forums as we cannot prevent such information from being used in a manner that may violate this Privacy Policy, the law, or your personal privacy and safety. We are not responsible for events arising from the distribution of any information you choose to publicly post or share.

B.     GENERAL INFORMATION.

In addition to collecting Personal Information about you, whenever you interact with the WinView Service, we and third party advertisers and/or service providers may use a variety of technologies that automatically or passively collect information about how you access and use the WinView Service that does not identify you personally. This includes your browser or device type, your operating system, the page served, the time, the preceding page views, and your use of features or applications on the WinView Service, such as TV show viewing history, interaction with friends and group activities, and WinView Rewards history. This statistical data provides us with information about the use of the WinView Service, such as how many visitors visit a specific page, how long they stay on that page, and which hyperlinks, if any, they “click” on. This information helps us keep the WinView Service fresh and interesting to our visitors and tailor content to a visitor’s interests.

Technologies used on the WinView Service to collect General Information may include, but are not limited to:

·        Cookies.  Cookies are data files placed on a device when it is used to access the WinView Service. Either we or our third party advertisers or service providers may place cookies or similar files on your device for security purposes, to facilitate site navigation and to personalize your experience while visiting the WinView Service. Cookies allow us to collect technical and navigational information, such as your browser type, time you spend on the WinView Service and the pages you visit. Cookies allow us to select which of our advertisements or offers are most likely to appeal to you and display them while you are on the WinView Service. If you would prefer not to accept cookies, you can change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; or set your browser to automatically not accept any cookies. However, please be aware that some features of the WinView Service may not work properly because we may not be able to recognize and associate you with your WinView account. In addition, the offers we provide when you visit us may not be as relevant to you or tailored to your interests.

·        Pixel Tags. A pixel tag is a transparent graphic image, sometimes called a clear GIF, web beacon or tracking beacon, placed on a web page or in an email, which indicates that a page or email has been viewed. In addition, a pixel tag may tell your browser to get content from another server.

·        Device Identifiers.  We also automatically collect your IP address or other unique identifier (“Device Identifier”) for the computer, mobile device, technology or other device you use to access the WinView Service. A Device Identifier is a number that is automatically assigned to your device when you access a web site or its servers, and our computers identify your device (including its location) by its Device Identifier.

HOW WE USE THE INFORMATION WE COLLECT.

The information collected by WinView will be used for a variety of business purposes, including, for example, to operate, maintain and provide you with the features and functionality of the WinView Service. This includes (but is not limited to):

·        Processing your account registration, including verifying that the email address you provide is active and valid;

·        Responding to your inquiries, providing customer services, and resolving any complaints;

·        Communicating with you regarding certain products or services available through the WinView Service;

·        Communicating with you about your account and activities using the WinView Service and changes to any of our policies;

·        Providing you with access to the WinView Service, including our contests and promotions;

·        Confirming that you are not using the WinView Service in a prohibited jurisdiction;

·        Fulfilling your requests for products, services, and information;

·        Promoting and marketing aspects and features of the WinView Service to you and contacts you share with us;

·        Improving the quality and design of the WinView Service, and to create new features and functionality, promotions and services. This is done by storing, tracking and analyzing usage information, user preferences and behavior;

·        Posting on social networking or third party sites that you are viewing a particular TV show, using the WinView Service, or post your comments or other submissions about a show or use of the WinView Service on such websites or on other media channels;

·        Customizing the content you see when you access the WinView Service, including to develop and provide advertising tailored to your interests;

·        Anonymizing or aggregating your information for business purposes, including for reporting and research purposes;

·        Enforcing compliance with our Terms of Use;

·        Complying with any applicable laws and regulations;

·        For any other purposes disclosed to you at the time your information is collected or pursuant to your consent; and

·        Processing deposits, withdrawals, rewards, payment and business requests related to the WinView Service. If you provide us with any financial-related information to obtain products or services from third party merchants through the WinView Service, we will use the financial information you provide to bill you for those products and services. By submitting to us your credit card and related personal information, you are authorizing us to use that information, including by sharing it with the merchant and the credit card company, in order to confirm and fulfill your order. We will not otherwise use or distribute your financial information without your prior approval.

SHARING OF INFORMATION.

WinView is committed to maintaining your trust and we want you to understand when and with whom we may share information collected about you. We never share information we receive from you unless: (i) we have your permission to share that information, e.g., a specific program that you can opt-into or opt-out of at any time; (ii) we have given you prior notice that the information will be shared, and with whom (such as in this Privacy Policy); or (iii) the information is General Information, e.g., aggregate information or other information that does not identify you. WinView may use and disclose General Information without limitation.

WinView may share your Personal Information as set forth in the following circumstances:

·        Third Parties Providing Services On Our Behalf. In order to carry out your requests, to make various features, services and materials available to you through the WinView Service, and to respond to your inquiries, we may share your Personal Information with third parties that perform functions on our behalf (or on behalf of our affiliates). These may include, for example, companies or individuals that host or operate the WinView Service, analyze data or provide customer service; advertisers; merchants, sponsors or other third parties that participate in or administer our contests or promotions or provide marketing or promotional assistance (such as in connection with the WinView Rewards Program or processing payments); and partners in co-branded sites or sites that state that they are “powered by” either us or third party partners. We may also use your Personal Information or share it with our subsidiaries, affiliates, sponsors, partners, advertisers or other third parties to provide you with product information and promotional and other offers.

·        Your Agreement To Have Your Personal Information Shared. While using the WinView Service, you may have the opportunity to opt-in to receive information and/or marketing offers from someone else or to otherwise consent to the sharing of your information with a third party, including social networking sites such as Facebook or Twitter. If you request products, services, or other information that may be offered by us or third party merchants as part of the WinView Service, or otherwise agree to have your Personal Information shared, your Personal Information (including, if required, contact information, financial information (such as account or credit card numbers)) will be disclosed to the third party and the Personal Information you disclose will be subject to the privacy policy and business practices of that third party.

·        Business Transfers. We may share your Personal Information with other entities and affiliates in the family of companies controlled by WinView for business and operational purposes. As we continue to develop our business, we may sell or purchase assets. If another entity acquires us or all or substantially all of our assets, or assets related to the WinView Service, Personal Information about you may be disclosed to such entity as part of the due diligence process and will be transferred, in whole or in part, to such entity as one of the transferred assets. If so, we will seek to obligate the acquiring entity to use any information transferred in a manner consistent with this Privacy Policy, but cannot guarantee that it will be able to impose that requirement or that the acquiring company will comply. Also, if any bankruptcy or reorganization proceeding is brought by or against us, all such information may be considered one of our assets and as such may be sold or transferred to third parties.

·        Legal Disclosure. In addition, we may transfer and disclose information, including your Personal Information to third parties to comply with our legal obligations; when we believe that the law requires it; at the request of governmental authorities conducting an investigation; to verify or enforce the WinView Terms of Use or other applicable policies; to respond to an emergency; or otherwise to protect the rights, property, safety, or security of third parties, visitors to the WinView Service or the public.

ADVERTISING/BEHAVIORAL TARGETING; HOW TO OPT-OUT.

In order to provide more relevant advertisements to you, we use technology to serve advertisements on the WinView Service. We may use third parties to serve these advertisements. We may also use third party analytics vendors to evaluate and provide us with information about the use of the WinView Service. We do not share Personal Information with these providers unless you have expressly authorized us to do so. However, like other advertising service vendors, they may place and access cookies, web beacons, or similar technologies on your device, and they may otherwise collect or have access to information about you, including General Information, including, without limitation, usage information. We and our network advertisers may target advertisements for TV shows, products and services in which you might be interested based on your use of the WinView Service, and visits to other websites. The use of cookies, web beacons, or similar technologies by third party providers is subject to their own privacy policies, not ours.

REFERRAL PROGRAMS.

We may allow you to refer friends to the WinView Service via email and social networking platforms. If you refer a friend by email, we will collect the name and email addresses of proposed recipients to send the email on your behalf. We may also use your name and email address in order to identify you as the initiator of the email. Please inform your friends that we may send them emails on your behalf.

If you refer a friend via social networking platforms, you will be subject to the privacy policy and the terms and conditions of the specific social networking platform. Some social networking platforms enable functionality that allows a user to receive and transmit data to the social networking platform through use of overlays or other technology. Although it appears the data is collected by us, the data is in fact collected directly by the social networking platform. If you decide to use this functionality, the data to be transmitted will be collected directly by the social networking platform, and we do not receive, collect or use the information. Please note your social networking account settings, as those settings will affect how and with whom your posts, information and other content are shared.

YOUR CHOICE AND ACCESS.

You may always request that we not share your Personal Information with third parties. In addition you may request that we not send you information or offers, or that we not send you push notifications, emails, newsletters, or other communications. To make any such request: (1) modify your account settings; (2) send us an email at support@winviewgames.com; or (3) follow the removal instructions in the communication that you receive. Your opt-out request will be processed within 30 days of the date on which we receive it.

To modify, verify or delete any of your Personal Information that we have collected, you may edit your account user information or contact us at the above email address. Please note that it is not always possible to completely remove or delete all of your information from our databases without retaining some residual data because of backups and other reasons.

Please be aware that we do not control certain privacy settings and preferences maintained by our social media partners such as Facebook and Twitter. If you wish to make changes to those settings and preferences, you may do so by visiting the settings page of the appropriate social media site.

SECURITY OF YOUR INFORMATION/HOW LONG USER INFORMATION IS KEPT.

We take information security seriously, and we use reasonable security measures to help protect against the loss, misuse or alteration of your Personal Information. Please note, however, that we cannot ensure the security of any information you transmit to us or that we store. You use the WinView Service and provide us with your information at your own risk.

We generally keep user data on our servers or in our archives for as long as we reasonably need it. In accordance with our routine record keeping, we may delete certain records that contain Personal Information you have submitted to us. We are under no obligation to store your Personal Information indefinitely, and we disclaim any liability arising out of, or related to, the destruction of your Personal Information.

EXTERNAL SITES.

The WinView Service may contain links to external third party sites that we do not own or operate. This may include links from advertisers, sponsors and/or partners that may use our logo(s) as part of a co-branding or co-marketing agreement. We do not control, recommend or endorse and are not responsible for these third party sites or their content, products, services or privacy policies or practices. These other sites may send their own cookies to your device, they may independently collect data or solicit Personal Information and may or may not have their own published privacy policies. You should also independently assess the authenticity of any site which appears or claims that it is one of our services (including those linked to through an email or social networking page).

CONSENT TO PROCESSING AND TRANSFER OF INFORMATION.

We operate the WinView Service in the United States. Our use of your information necessarily involves the transmission of data on an international basis. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that information we collect may be transferred to and processed in the United States. By using the WinView Service, or providing us with any information, you consent to the collection, processing, maintenance and transfer of such information in and to the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to those in the country where you reside and/or are a citizen.

DO NOT TRACK.   

Some web browsers may give you the ability to enable a “do not track” setting that is an HTTP header field indicating your preferences regarding user tracking or cross-site tracking. This is different from disabling certain forms of tracking by declining cookies in your browser settings, as browsers with the “do not track” setting enabled still have the ability to accept cookies. WinView does not recognize web browser “do not track” signals at this time. Instead, information collection and disclosure practices and the choices that WinView provides to users will continue to operate as described in this Privacy Policy, whether or not a “do not track” signal is received. For more information about “do not track,” see http://donottrack.us/.

We may work with third parties that use tracking technologies, including in order to provide tailored advertisements on our behalf and on behalf of other advertisers across the Internet. These companies may collect information about your activity on our services and other websites over time, as well as your interaction with our advertising and other communications, and use this information to determine which ads you see on third party websites and applications. For more information about this practice and to understand your options, please visit http://www.networkadvertising.org/ or http://www.aboutads.info.

CALIFORNIA PRIVACY RIGHTS.

California Civil Code Section 1798.83 permits residents of the State of California to request from certain businesses with whom the California resident has an established business relationship a list of all third parties to which the business, during the immediately preceding calendar year, has disclosed certain personally identifiable information for direct marketing purposes. We are only required to respond to a customer request once during any calendar year. To make such a request you should send (i) an email to: support@winviewgames.com with the subject heading “California Privacy Rights,” or (ii) a letter to WinView Games, 370 Convention Way, Suite 102, Redwood City, CA 94063. In your request, please attest to the fact that you are a California resident and provide a current California address for our response. Please be aware that not all information sharing is covered by the California privacy rights requirements and only information sharing that is covered will be included in our response. We reserve the right not to respond to requests submitted to addresses other than the addresses specified in this paragraph.

SEVERABILITY.

If any part of this Privacy Policy is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, our original intentions, and the remaining portions shall remain in full force and effect.

CHANGES TO THIS PRIVACY POLICY.

We may change, add or delete information on the WinView Service and/or this Privacy Policy, at any time without prior notice to you. If we make what we determine to be material changes to this Privacy Policy, we will update the “Date Last Modified” and will notify you by posting the updated Privacy Policy on the WinView website and in the WinView app or by otherwise communicating to you. Any changes will be effective immediately upon the posting of the revised Privacy Policy, and we encourage you to check back regularly for any changes, additions or deletions. If you do not agree to the changes, your sole remedy is to cease using the WinView Service.

CONTACT US.

Please contact us if you have any questions or concerns about this Privacy Policy or your experience with the WinView Service. Please send an email to: support@winviewgames.com.

Date Last Modified: September 6, 2016