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Privacy Policy

Lootcakes Privacy Policy

Please read this Privacy Policy carefully as it describes how Lootcakes LLC, its affiliates and subsidiaries (collectively, “Lootcakes,” “we” or “us”) collects, uses, stores, shares, and safeguards your information whether collected from any Lootcakes operated website or mobile application (collectively, the “Service”). Lootcakes may be contacted at legal@lootcakes.com or at Lootcakes LLC, 175 Varick Street, New York, NY 10014, attention: Privacy Policy.

By creating a Lootcakes account, or by otherwise accessing, using, or interacting with the Service, you expressly consent to our collection, use, disclosure, and retention of your information as described in this Privacy Policy. If you do not agree with these practices, please do not use the Service.

We may make changes to this Privacy Policy. The most current version of the Privacy Policy will govern our use of information about you and will be located at www.lootcakes.com/Legal/PrivacyPolicy. If we make material changes to this Privacy Policy, we will notify you by posting a notice on the Service or notifying you via e-mail communication to your e-mail address on record. You should return to this page periodically to familiarize yourself with the current version of this Privacy Policy. By continuing to access, visit, or use the Service after any changes to this Privacy Policy, you agree to be bound by the revised version of this Privacy Policy.

Information Collected By Lootcakes

We may collect information that you provide to us in connection with your use of the Service when you (A) register as a user of the Service; (B) make changes to your user profile information; (C) send e-mail messages, forms, or other information to us or other users through the Service; (D) post or contribute content via the Service; or (E) interact with the Service. If you register for a Lootcakes account, you will be required to provide your name, e-mail address, and will be prompted to create a password. We may require you to provide your home or physical address. You may also choose to provide additional information in connection with your Lootcakes account.

Operation of the Service (including our ability to generate revenues and fund your rewards) requires that Lootcakes detects and records your game-related purchases. We do so by collecting the game-related purchase receipts sent to you via e-mail. In order to efficiently collect these e-mailed receipts, to verify their authenticity, and to mitigate the risk of e-mail spoofing, fraud or other violations of the Lootcakes terms of service (the “E-mail Linkage Purpose”), we require that you link at least one e-mail account to Lootcakes using one of the methods we provide. To perform the E-mail Linkage Purpose, Lootcakes will only search for and collect from your linked e-mail account(s) e-mails sent by: (a) the operators of games, game-related platforms and/or game-related devices, and (b) the provider of your linked e-mail account(s) (together, your “Approved Senders”). By creating an account or by accessing or using the Service you hereby authorize Lootcakes to access your linked e-mail account(s) solely to: (1) collect e-mails from your Approved Senders, and (2) perform the E-mail Linkage Purpose. You hereby acknowledge that collected e-mails may include financial information, credit card information, and pre-paid gift card information. If Lootcakes collects information from your linked e-mail account(s) that is deemed unnecessary to perform the E-mail Linkage Purpose, Lootcakes will delete such information as soon as reasonably practicable.

If you register for, or otherwise connect a Lootcakes account with a third-party network like Facebook, Google+ or Steam, and/or if you provide us with your affiliation or username to any such third-party network, you agree that we can use the information you and/or they provide on that account to pre-populate the registration and other relevant information fields of your Lootcakes account and/or to use such third-party network credentials to log you into the Service. If you connect your Lootcakes account to another network, you agree to comply with the terms and conditions and policies applicable to such network. Your use of third-party networks remains subject to the terms and conditions and policies you have agreed to with such third-party network providers.

Some portions of the Service allow you to submit comments, reviews, tags, ratings, pictures, and other content. This content may be displayed on the Service and may be viewable by other users of the Service. By posting or submitting content through the Service you acknowledge that other users will be able to access and use your content in accordance with the Lootcakes Terms of Service available at www.lootcakes.com/Legal/TermsOfService.

Lootcakes, along with our third party service partners, vendors, and business partners may automatically collect information about you when you use the Service. The information automatically collected about you may include, but is not limited to, device ID, device characteristics, device type, device data, browser type and version, computer and connection information, statistics on page views, traffic to and from the Service, ad data, Wi-Fi connection information, IP address, and standard web log information. You authorize Lootcakes to use this information in any manner described in this Privacy Policy.

In addition, Lootcakes may collect and use technical data and related information, including, but not limited to, technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Service. Lootcakes may use this information to improve its products or to provide services or technologies to you.

Cookies and Web Beacons; Do Not Track

Lootcakes, along with our third-party service partners, vendors and business partners may use cookies, locally stored objects, and web beacons to automatically collect information about your use of the Service. Cookies are small bits of information that are transferred to and stored in separate files within your computer’s browser. The Service uses both “persistent cookies” which remain on your computer after you have closed your browser as well as “session cookies” which exist only during a visitor’s online session and disappear from your computer when you close your browser. Locally stored objects or “flash cookies” are data files that can be created on your computer by the web sites you visit and are a way for web sites to store information for later use. Locally stored objects are different than cookies because they are stored in different parts of your computer than cookies. Web beacons are small strings of code that provide a method for delivering a graphic image on a web page or in an e-mail message for the purpose of transferring data. You can set your browser to reject or disable cookies or to notify you when you are sent a cookie. However, if you reject or disable cookies, you may not be able to use all portions or all functionality of the Service.

The Service may include links to other web sites and other content from third-party businesses. Lootcakes does (and allows third parties to) track your actions through cookies and web beacons over time and across different web sites or platforms.

In addition, you may be able to adjust your browser settings or other settings so that “do not track” requests are sent to the web sites and mobile applications that you use. However, because the operation of the Service (including our ability to generate revenues and fund your rewards) depends on our collection of user behavioral data, Lootcakes will not disable tracking technology that may be active on the Service in response to any “do not track” requests that are sent to the Service.

How We Use Your Information

Lootcakes may use information that we collect about you through the Service to: (A) provide access to the Service and to provide you with requested services and customer support and to process and respond to your inquiries; (B) personalize, customize, measure, and improve our services, content, and advertising and otherwise to enhance your experience of the Service; (C) prevent, detect, and investigate potentially prohibited or illegal activities or a breach of the Lootcakes terms of service; (D) analyze the accuracy, effectiveness, usability, or popularity of the Service; (E) generate and review reports and data about our user base and service usage patterns; (F) compile aggregate data for internal and external business purposes; (G) resolve disputes and troubleshoot problems; (H) contact you with information, including promotional, marketing, and advertising information and recommendations that we believe may be of interest to you; (I) provide you with other services requested by you as described when we collect the information; and (J) take any other action as otherwise stated in this Privacy Policy.

In order to generate advertising and marketing revenues that support the Service and that Lootcakes shares with you via rewards, Lootcakes may sell a limited set of your personally identifiable information (the “Limited PII”, as hereafter defined) to third parties, including to Lootcakes’s business associates such as videogame publishers, developers or distributors, advertisers and marketers. Limited PII is limited to your: (A) game-related behavioral data, such as game-related purchasing, install, play, device, platform and social group affiliation data; (B) digital contact information or identifiers (such as your e-mail address(es), network usernames, IP address(es), cookies, web beacons, advertising identifiers and mobile identifiers); (C) demographic info such as age, gender and region; and (D) your real name. For the avoidance of doubt, Limited PII excludes your street address. For additional clarity, Lootcakes will not sell any personally identifiable information of beta applicants to the Service unless and until they become registered users of the Service, nor will Lootcakes sell the information of former registered users who have deleted their accounts or whose accounts we have terminated.

Information We Share with Third Parties

Lootcakes may disclose your information to the following third parties:

Our Service Providers. We may share your information with third-party contractors, agents, and other service providers who provide certain services to us or on our behalf, such as operating and supporting the Service, providing your digital gifts, and providing advertising, marketing, data storage and data analysis technology and services. These service providers will only have access to the information needed to perform these limited functions on our behalf, and we will use best efforts to restrict their use of the accessed information to performing such limited functions.

Companies that Acquire Our Business or Assets. If Lootcakes becomes involved in a merger, acquisition, sale of assets, securities offering, bankruptcy, reorganization, dissolution, or any other transaction or if the ownership of all or substantially all of our business otherwise changes, Lootcakes may share or transfer your information to a third party or parties in connection with the applicable transaction.

Other Users. Information that you post on the Service (e.g., photos, comments, your profile) will be made available to other users of the Service. Lootcakes may also make a limited set of your information available to other users of the Service without your express permission (the “Other User Shareable Information,” as hereafter defined). Other User Shareable Information is defined as any of your: (a) game-related information (including your games installed or played, devices or platforms used, game-related group affiliations or in-game achievements, but excluding information about your in-game purchases); (b) activity on the Service, such as your Lootcakes username and your non-purchase specific achievements or awards. For the avoidance of doubt, we will never make any of your in-game purchase, demographic, or external contact information available to other users without your explicit permission. Permission can be granted and subsequently revoked in the Settings area.

Our Affiliates. We may share some or all of your information with our parent company, subsidiaries and corporate affiliates, joint venturers or other companies under common control with us.

Business Associates. Information shared about users with affiliated or unaffiliated business associates, such as videogame publishers, videogame platforms, videogame developers, and other advertisers and marketers, will be limited to the Limited PII (as defined above) and other non-personally identifiable information.

Legal Requirements. To the extent permitted by law, we may share your information with law enforcement, governmental agencies, or authorized third parties, in response to a verified request relating to a criminal investigation or alleged illegal activity or any other activity that may expose us, you, or any other Lootcakes user to legal liability, or to protect our rights or property, or during emergencies when safety is at risk. We may also share your information in response to court orders, subpoenas, or other legal or regulatory requests, and we may provide access to your information to our legal counsel and other consultants in connection with actual or potential litigation.

DMCA Notices. We may share your information with third parties when we forward Digital Millennium Copyright Act (“DMCA”) infringement notifications and counter-notifications. DMCA infringement notifications and counter-notifications (including any personal information included as part of the notifications) will be forwarded as submitted to us without any deletions.

Your information may also be disclosed to third parties in situations that are not preventable even when commercially reasonable protections are employed, such as in the case that Lootcakes or the Service is subject to a hacking or other attack.

No Spam, Spyware or Spoofing. Lootcakes and our users do not tolerate spam. To report Lootcakes‑related spam or spoof e-mails to us, please forward the e-mail to legal@lootcakes.com. You may not use our communication tools to send spam.

Security. Lootcakes is committed to your security and we will use our commercially reasonable efforts to protect the information you provide to Lootcakes or submit through the Service against loss, theft, unauthorized use, disclosure, or modification. However, we cannot guarantee or warrant the security of any information you transmit to Lootcakes or submit through the Service and you do so at your own risk. No internet or e-mail transmission is ever fully secure or error-free.

Accessing, Changing and Managing Your Information. You may change and update the information you provide through the Service, or change your preferences concerning how we use your information, as follows:

Changing or Updating Your Information. You can access or change your personal profile and contact information or delete your account through your Lootcakes personal settings page. If you choose to delete or deactivate your account, you can no longer retrieve your content or reactivate your account. Also, your username may become available for another person to use. However, unless prohibited by applicable law, information or data provided by you prior to deactivating your account will remain accessible.

E-mail Communications. From time to time we may e-mail you information about Lootcakes that we think is necessary and important. By opening or maintaining an account with Lootcakes, you agree to receive administrative e-mails as part of your basic service. You can always opt-out of non-administrative e-mails.

Third Parties. The Service may contain links to web sites that are not owned or operated by Lootcakes. Lootcakes is not responsible for the privacy practices of other sites. This Privacy Policy applies solely to information collected by the Service. If you visit these web sites or provide any information directly to parties other than Lootcakes (even if those web sites display the Lootcakes brand), different policies may apply to the collection and use of your information. We encourage you to investigate and ask questions before accessing third-party web sites or disclosing information to third parties.

No Use by Children. The Service is not intended for use by children under the age of 13. We will never knowingly collect information directly from children under the age of 13 without verifiable parental consent. If you are under the age of 13, you may not use the Service and please do not provide us with information of any kind whatsoever. If we become aware that a user is under the age of 13 and has submitted information to the Service without verifiable parental consent, we will remove his or her information from our files and deactivate his or her account. If you have reason to believe that we may have accidentally received personal information from a child under the age of 13, please contact us immediately at legal@lootcakes.com.

United States Operation. The Service is operated from the United States. If you are located outside of the United States and choose to use the Service or provide your information to us, your information will be transferred, processed and stored in the United States. The privacy laws of the United States may not be as protective as those in your jurisdiction. Your agreement to the terms of this Privacy Policy followed by your submission of information in connection with the Service represents your agreement to this practice.

Retention of Your Information. We retain information for active Lootcakes accounts as long as it is necessary and relevant for our operations. In addition, we may retain information from closed accounts to comply with the law, prevent fraud, resolve disputes, troubleshoot problems, assist with any investigation, and take other actions permitted by law. The information we retain about you will be handled in accordance with this Privacy Policy.

Notice of Privacy Rights to California Residents: Section 1798.83 of the California Civil Code permits California residents to request from a business, with whom the California resident has an established business relationship, information related to the personal information disclosed by Lootcakes to third parties for direct marketing purposes and the names and addresses of the third parties with whom the business has shared such information during the immediately preceding calendar year. You may make one request each year by e-mailing us at legal@lootcakes.com or sending a letter to:

Lootcakes LLC

175 Varick Street

New York, NY 10014

Contact

If you have questions or complaints regarding our Privacy Policy or practices, please contact us at legal@lootcakes.com.

Effective Date December 14, 2016

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