2. PERSONAL INFORMATION WE COLLECT
3. HOW WE USE YOUR INFORMATION
4. DISCLOSING YOUR INFORMATION TO THIRD PARTIES
5. YOUR CHOICES
6. YOUR PRIVACY RIGHTS
7. DATA RETENTION
8. SECURITY OF YOUR INFORMATION
9. CHILDREN’S INFORMATION
10. SUPERVISORY AUTHORITY
12. CONTACT US SUPPLEMENTAL NOTICE FOR CALIFORNIA RESIDENTS SUPPLEMENTAL NOTICE FOR NEVADA RESIDENTS SUPPLEMENTAL NOTICE FOR VIRGINIA RESIDENTS
2. PERSONAL INFORMATION WE COLLECT
The categories of personal information we collect depend on how you interact with us, our Services, and the requirements of applicable law.
Information You Provide to Us.
- Account Creation: When you create an account through our Services, we may collect your name, email address, username, and password, and birthday, as well as your phone number, gender and birthday if you choose to provide it during registration. Alternatively, you can create an account through an existing external account such as Google, Apple, or Facebook, in which case we will collect the information you make available through your external account settings.
- In-App Purchases: We may collect personal information and details associated with your purchases, including payment information. Any payments made via our Services are processed by third-party payment processors. We do not directly collect or store any payment card information entered through our Services, but we may receive information associated with your payment card information (e.g., your billing details).
- Interactive Features. We and others who use our Services may collect personal information that you submit or make available through our interactive features (such as your Krikee avatar, messaging and chat features, commenting functionalities, videos, forums, blogs, and social media pages). Any information you provide using the public sharing features of the Services (referred to herein as “User Content”) will be considered “public,” unless otherwise required by applicable law, and is not subject to the privacy protections referenced herein. Please exercise caution before revealing any information that may identify you in the real world to other users.
- Communications with Us: We and our service providers collect personal information from you such as email address, phone number or mailing address when you request information about our Services, apply for a job, register for an event, newsletter, or loyalty program, send us messages, request customer or technical support, or otherwise communicate with us. Note that we may partner with third parties to screen phone calls for security and quality assurance purposes.
- Images and Camera: We collect images, user content, audio and other information from your device and your device’s camera and microphone when you use our Services, such as to place your Krikee avatar in your real-world environment, or when you create and post a video of yourself playing our games, record video of yourself, or record video of you interacting with your avatar.
- Background tracking and fitness: If you agree, we may track certain information about you while you are not using the application, such as your device location and your fitness activity data (e.g., your step count and distance walked). We may use this functionality in our Services to provide in-game rewards or items based on your fitness activity data. You can turn off background activity tracking in your device settings or in-app settings, as appropriate.
- Additionally, you can agree to provide access to your device’s health app (e.g., Google Fit or Apple HealthKit) to collect your fitness activity data. Information collected from Apple Health Kit or Google Fit is not used for advertising purposes. You can withdraw your consent and disable access by changing the Apple Health or Google Fit app settings on your device.
- Surveys: We may contact you to participate in surveys. If you decide to participate, you may be asked to provide certain information which may include personal information.
- Registration for Sweepstakes or Contests: We run sweepstakes and contests. Contact information you provide may be used to reach you about the sweepstakes or contest, and for other promotional, marketing and business purposes, if permitted by law. In some jurisdictions, we are required to publicly share information of winners.
- Conferences, Trade Shows, and Other Events. We may collect personal information from individuals when we attend conferences, trade shows, and other events.
- Business Development and Strategic Partnerships. We may collect personal information from individuals and third parties to assess and pursue potential business opportunities.
- Job Applications. We may post job openings and opportunities on our Services. If you reply to one of these postings by submitting your application, CV and/or cover letter to us, we will collect and use your information to assess your qualifications.
Information Collected Automatically or From Others.
- Automatic Data Collection: We may collect certain information automatically when you use the Services. This information may include your Internet protocol (IP) address, user settings, IMEI, MAC address, cookie identifiers, mobile carrier, mobile advertising and other unique identifiers, details about your browser, operating system or device, location information, Internet service provider, pages that you visit before, during and after using the Services, information about the links you click, and other information about how you use the Services. Information we collect may be associated with accounts and other devices. In addition, we may automatically collect data regarding your use of our Services, such as the types of content you interact with and the frequency and duration of your activities. We may combine your information with information that other people provide when they use our Services, including information about you when they tag you.
- Precise Location. In order to play our augmented reality location-based games and provide some of our Services, we need your permission to track your precise location in the real world. We identify your location using a variety of technologies, including from your IP address, GPS, WiFi, device sensors, mobile networks and mobile/cell tower triangulation. You can turn location tracking off and on through your mobile device settings, but this may impair the functionality of the Services.
- Gameplay information. We also collect and use your in-game activity to keep track of your progress and to improve, personalize, and otherwise provide our Services.
- Sponsored Locations. We may also use information we collect to show in-game sponsored locations near you, to show you other sponsored activities, and to allow you to interact with them.
- Cookies. Cookies are small text files placed in visitors’ computer browsers to store their preferences and facilitate and enhance your experience.
- Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded in the Services that collects information about users’ engagement on that web page. The use of a pixel allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement.
Our uses of these Technologies fall into the following general categories:
Operationally Necessary. This includes Technologies that allow you access to our Services, applications, and tools that are required to identify irregular website behavior, prevent fraudulent activity and improve security or that allow you to make use of our functionality;
- Performance-Related. We may use Technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how individuals use our Services (see Analytics below);
- Functionality-Related. We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Services. This may include identifying you when you sign into our Services or keeping track of your specified preferences, interests, or past items viewed;
Advertising- or Targeting-Related. We may use first party or third-party Technologies to deliver content, including ads relevant to your interests, on our Services or on third-party websites.
See “Your Privacy Rights” below to understand your choices regarding these Technologies
Analytics. We may use Google Analytics and other analytics providers to collect information regarding visitor behavior and visitor demographics on some of our Services, and to develop website content. This analytics data is not tied to any personal information.
Google Analytics. For more information about Google Analytics, please
visit https://google.com/policies/privacy/partners/. You can opt out of Google’s collection and Processing of data generated by your use of the Services by going to https://tools.google.com/dlpage/gaoptout.
For more information, please visit Facebook’s Facebook’s Data Usage Policy. You can object to the collection of your data by Facebook pixel, or to the use of your data for the purpose of displaying Facebook ads by contacting the following address while logged into your Facebook account: https://www.facebook.com/settings?tab=ads.
You may opt-out of Mixpanel’s automatic retention of data that is collected while using the Services by visiting https://mixpanel.com/optout/. To track opt-outs, Mixpanel uses a persistent opt-out cookie placed on your device. Please note that if you get a new computer, install a new browser, erase or otherwise alter the browser’s cookie file (including upgrading certain browsers), you may delete the Mixpanel opt-out cookie.
Social Media Platforms
Information from Other Sources.
We may receive information about you from other sources, including through third-party services and organizations to supplement information provided by you. For example, if you access our Services through a third-party application, such as an App Store, we may collect information about you from that third-party application that you have made public via your privacy settings. This supplemental information allows us to verify information that you have provided to us and to enhance our ability to provide you with information about our business, products, and Services.
3. HOW WE USE YOUR INFORMATION
We use your personal information for a variety of business purposes, including to:
Fulfill our contract with you and provide you with our Services, such as:
- Managing your information and accounts;
- Providing access to certain areas, functionalities, and features of our Services;
- Communicating with you about your account, activities on our Services and policy changes;
- Undertaking activities to verify or maintain the quality or safety of a service or device;
- Providing advertising, analytics and marketing services;
- Providing Services on behalf of our customers, such as maintaining or servicing accounts, providing customer service, and verifying customer information; Processing applications and transactions; and
- Allowing you to register for events.
Analyze and improve our Services for administrative purposes, such as:
- Pursuing our legitimate interests such as direct marketing, research and development (including marketing research), network and information security, and fraud prevention;
Detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity;
Measuring interest and engagement in our Services and short-term, transient use, such as the contextual customization of ads;
- Undertaking research for technological development and demonstration;
Researching and developing products, services, marketing or security procedures to improve their performance, resilience, reliability or efficiency;
- Improving, upgrading or enhancing our Services or device;
- Developing new products and Services;
- Ensuring internal quality control;
- Verifying your identity and preventing fraud;
- Debugging to identify and repair errors that impair existing intended functionality;
- Enforcing our terms and policies; and
Complying with our legal obligations, protecting your vital interest, or as may be required for the public good.
We may also use personal information to tailor and provide you with content and advertisements. We may provide you with these materials as permitted by applicable law. Some of the ways we market to you include email campaigns, custom audiences advertising, and “interest-based” or “personalized advertising.” If you have any questions about our marketing practices, or if you would like to opt out of the use of your personal information for marketing purposes, you may contact us at any time as set forth in “Contact Us” below.
Use De-identified and Aggregated Information: We may collect personal information and other data about you to create de-identified and aggregated information, such as de- identified demographic information, de-identified location information, information about the computer or device from which you access our Services, or other analyses we create.
Share Content: Our Services offer tools and functionalities that allow you to share certain content you generate or post on the Services and on social media sites with other users of the Services, other friends or colleagues and the general public.
Notice regarding Third-Party Websites. The Services may contain links to other websites, and other websites may reference or link to our website or other Services. These other websites are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen, or approve and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.
4. DISCLOSING YOUR INFORMATION TO THIRD PARTIES
- Service Providers. We may share any personal information we collect about you with our third-party service providers. The categories of service providers (processors) to whom we entrust personal information include: IT and related services; information and services (including Google); payment processors; customer service providers; and vendors to support the provision of the Services.
- Business Partners or Sponsors. We may provide personal information to business partners or sponsors with whom we jointly offer products or services. In such cases, our business partner’s or sponsor’s name will appear along with ours.
- Other Users. Your game play and progress, your location, your avatar, and the videos, comments, and other content you post to the Services may be displayed to other users or players of the Services and to the public. We are not responsible for privacy practices of the other users who will view and use this information, so you should be careful while using the games and posting videos or information.
- Affiliates: We may share personal information with our affiliated companies.
- Advertising Partners. Through our Services, we may allow third party advertising partners to set Technologies and other tracking tools to collect information regarding your activities and your device (e.g., your IP address, mobile identifiers, page(s) visited, location, time of day). We may also combine and share such information and other information (such as demographic information and past purchase history) with third party advertising partners. These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit third party websites within their networks. This practice is commonly referred to as “interest-based advertising” or “online behavioral advertising. We may allow access to other data collected by the Services to share information that may be useful, relevant, valuable, or otherwise of interest to you. If you prefer not to share your personal information with third party advertising partners, you may follow the instructions in “Your Privacy Rights” below.
- APIs/SDKs. We may use third-party Application Program Interfaces (“APIs”) and Software Development Kits (“SDKs”) as part of the functionality of our Services. For more information about our use of APIs and SDKs, please contact us as set forth in “Contact Us” below.
- Disclosure in the Event of Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction, as permitted by law and/or contract.
- You agree that all information processed by us may be transferred, processed, and stored anywhere in the world, including but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live. We have taken appropriate safeguards to require that your personal information will remain protected and require our third-party service providers and partners to have appropriate safeguards as well. Further details can be provided upon request.
5. YOUR CHOICES
You have certain choices about your personal information. Where you have consented to the processing of your personal information, you may withdraw that consent at any time and prevent further processing by contacting us as described below. Even if you opt out, we may still collect and use information regarding your activities on our Services and for other legal purposes as described above.
Email and Other Communications
If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails regarding products or Services you have requested. We may also send you certain non-promotional communications regarding us and our Services, and you will not be able to opt out of those communications (e.g., communications regarding the Services or updates).
We may send you push notifications through our mobile application. You may at any time opt-out from receiving these types of communications by changing the settings on your mobile device. We may also collect location-based information if you use our mobile applications. You may opt-out of this collection by changing the settings on your mobile device.
“Do Not Track”
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.
Cookies and Interest-Based Advertising
You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp, http://www.youronlinechoices.eu/, https://youradchoices.ca/choices/, and www.aboutads.info/choices/. To separately make choices for mobile apps on a mobile device, you can download DAA's AppChoices application from your device's app store. Alternatively, for some devices you may use your device's platform controls in your settings to exercise choice.
Please note you must separately opt out in each browser and on each device.
6. YOUR PRIVACY RIGHTS
In accordance with applicable law, you may have the right to:
- Access Personal Information about you, including: (i) confirming whether we are processing your personal information; (ii) obtaining access to or a copy of your personal information;
- Request Correction of your personal information where it is inaccurate, incomplete or outdated. In some cases, we may provide self-service tools that enable you to update your personal information;
- Request Deletion, Anonymization or Blocking of your personal information when processing is based on your consent or when processing is unnecessary, excessive or noncompliant;
- Request Restriction of or Object to our processing of your personal information when processing is noncompliant;
- Withdraw your Consent to our processing of your personal information. If you refrain from providing personal information or withdraw your consent to processing, some features of our Service may not be available;
- Request Data Portability and receive an electronic copy of personal information that you have provided to us;
- Be informed about third parties with which your personal information has been shared; and
- Request the review of decisions taken exclusively based on automated processing if they could affect your data subject rights.
If you would like to exercise any of these rights, please log into your account, or contact us as set forth below. We will process such requests in accordance with applicable laws. To protect your privacy, we will take steps to verify your identity before fulfilling your request.
7. DATA RETENTION
8. SECURITY OF YOUR INFORMATION
By using the Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Services, by mail or by sending an e-mail to you.
9. CHILDREN’S INFORMATION
While we offer some Services for all ages that do not collect personal data regulated by child-specific privacy laws, we require users to be above 13 years old (or other minimum age as required under applicable law) in order to create an account on our Services and access certain features of the Services. Our Services do not knowingly collect personal data from children other than as necessary to support our Services’ internal operations as permitted by applicable law.
If you are a parent or guardian and believe your child has uploaded personal information to our site without your consent, or otherwise wish to review information collected from your child, or have that information modified or deleted, you may contact us as described below. If we become aware that a child has provided us with personal data, we will delete any personal data we have collected, unless we have a legal obligation to keep it, and terminate the child’s account and/or revert them to the underage experience, if applicable.
10. SUPERVISORY AUTHORITY
If you are located in the European Economic Area or the United Kingdom, you have the right to lodge a complaint with a supervisory authority if you believe our processing of your personal information violates applicable law.
12. CONTACT US
2725 Sand Hill Road, Suite 120 Menlo Park, CA 94025 650-257-0835
SUPPLEMENTAL NOTICE FOR CALIFORNIA RESIDENTS
This Supplemental California Privacy Notice only applies to our processing of personal information that is subject to the California Consumer Privacy Act of 2018 (“CCPA”). The CCPA provides California residents with the right to know what categories of personal information Krikey has collected about them and whether Krikey disclosed that personal information for a business purpose (e.g., to a service provider) in the preceding 12 months. California residents can find this information below:
|Category of Personal Information Collected by Krikey||Category of Third Parties Information is Disclosed to for a Business Purpose|
A real name, alias, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.
|Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
A name, physical characteristics or description, telephone number, and other financial information.
|Protected classification characteristics under California or federal law
Age and gender
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Physiological, biological, or behavioral, characteristics and voice recordings, health or exercise data that contain identifying information.
|Internet or other electronic network activity
Browsing history, search history, information on a consumer's interaction with an internet website, application, or advertisement.
Physical location or movements.
Audio, electronic, visual, thermal, olfactory, or similar information.
|Inferences drawn from other personal information to create a profile about a consumer
Profile reflecting a consumer's preferences.
The categories of sources from which we collect personal information and our business and commercial purposes for using personal information are set forth in “Personal Information We Collect” and “How We Use Your Personal Information” above, respectively.
“Sales” of Personal Information under the CCPA
For purposes of the CCPA, Krikey does not “sell” personal information, nor do we have actual knowledge of any “sale” of personal information of minors under 16 years of age.
Additional Privacy Rights for California Residents
California residents have the right not to receive discriminatory treatment by us for the exercise of their rights conferred by the CCPA.
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent, please contact us as set forth in “Contact Us” above and provide written authorization signed by you and your designated agent.
To protect your privacy, we will take steps the following steps to verify your identity before fulfilling your request. When you make a request, we will ask you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include asking you to answer questions regarding your account and use of our Services.
If you are a California resident and would like to exercise any of your rights under the CCPA, please contact us as set forth in “Contact Us” above. We will process such requests in accordance with applicable laws.
Refer-a-Friend and Similar Incentive Programs
As described above in How We Use Your Personal Information (“Share Content with Friends or Colleagues”), we may offer referral programs or other incentivized data collection programs. For example, we may offer incentives to you such as discounts or promotional items or credit in connection with these programs, wherein you provide your personal information in exchange for a reward, or provide personal information regarding your friends or colleagues (such as their email address) and receive rewards when they sign up to use our Services. (The referred party may also receive rewards for signing up via your referral.) These programs are entirely voluntary and allow us to grow our business and provide additional benefits to you. The value of your data to us depends on how you ultimately use our Services, whereas the value of the referred party’s data to us depends on whether the referred party ultimately becomes a user and uses our Services. Said value will be reflected in the incentive offered in connection with each program.
California Shine the Light
The California “Shine the Light” law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties.
Right for minors to remove posted content. Where required by law, California residents under the age of 18 may request to have their posted content or information removed from the publicly-viewable portions of the Services by contacting us directly as set forth in Contact Us above or logging into their account and removing the content or information using our self-service tools.
SUPPLEMENTAL NOTICE FOR NEVADA RESIDENTS
If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Information to third parties who intend to license or sell that Personal Information. You can exercise this right by contacting us at email@example.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your Personal Information as sales are defined in Nevada Revised Statutes Chapter 603A. If you have any questions, please contact us as set forth below.
SUPPLEMENTAL NOTICE FOR VIRGINIA RESIDENTS
If you are a resident of Virginia, effective January 1, 2023, you have the right to invoke the following rights as a Consumer by submitting a request to us:
- To confirm whether or not we are processing your Personal Data;
- To correct inaccuracies in your Personal Data;
- To delete Personal Data provided by you or obtained about you;
To obtain a copy of your Personal Data in a portable and reasonable format that
allows you to transmit your data to another Controller by automated means;
To opt out of processing your Personal Data for purposes of:
o targeted advertising;
o the sale of your Personal Data; or
o profiling you by an automated process performed on your Personal Data that
analyzes or predicts certain personal aspects about you, including your economic situation, health, personal preferences, interests, reliability, behavior, location or movements;
To obtain your written or unambiguous consent to process your sensitive data or the sensitive data of a known child (in which case, such sensitive data shall be processed in accordance with the federal Children’s Online Privacy Protection Act).
“Sensitive data” is defined as:
personal data that reveals racial or ethnic origin, religious, beliefs, mental or
physical health diagnosis, sexual orientation, citizenship or immigration status;
- genetic or biometric data used for identifying a natural person;
- the personal data of a known child; or precise geolocation data.
If you would like to exercise any of these rights, please contact us as set forth in “Contact Us” above. We will process such requests in accordance with applicable laws.
In the event that as the Controller we fail, decline, or refuse to take action on your request within 45 days of receipt, we must inform you of our reasons for our decision. You have the right to appeal by contacting us as set forth in “Contact Us” above. In the event your appeal is denied, we must inform you of our decision and the reasons for the action taken or not taken in writing with respect to your appeal. If you disagree with our decision, you have the right to contact the Virginia Attorney General to submit a complaint by clicking here.