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.
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
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
In addition, with the exception of any information that we collect from you via the Gmail API (the “Gmail API Data”), Lootcakes may use information that we collect about you through the Service to: (i) personalize, customize, measure, and improve our advertising and the advertising of our clients and partners; (ii) compile aggregate data for external business purposes; and (iii) contact you with information, including promotional, marketing and advertising information and recommendations that we believe may be of interest to you. For the avoidance of doubt, data shared by Gmail users that is not collected via the Gmail API is not Gmail API Data, even if such data overlaps with or duplicates Gmail API Data.
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 excluding Gmail API Data (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, and excludes Gmail API Data.
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.
Gmail API Data: The following provisions apply to any Gmail API Data (as previously defined) that we may collect from you in connection with our services:
1. We will only use your Gmail API Data for purposes of providing or improving the services and user-facing features of the services;
2. We will only transfer your Gmail API Data to others if necessary to provide or improve the services or user-facing features that are prominent in services. In addition, we may transfer your information to comply with our legal requirements (as described in the sections entitled “Legal Requirements” and “DMCA” above) or in connection with a merger, acquisition, or sale of assets with notice to you;
3. We will not use or transfer your Gmail API Data for serving ads, including retargeting, personalized, or interest-based advertising.
4. We will not allow humans to read Gmail API Data unless:
(a) Such Gmail API Data comes from the specific email messages you agree we can access (see definition of Approved Senders and E-mail Linkage Purpose above);
(b) It is necessary for security purposes (such as investigating a bug or abuse);
(c) It is necessary to comply with applicable law (See Legal Requirements and DMCA section above); or
(d) Our use is for our internal operations and the data (including derivations) has been aggregated and anonymized.
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 email@example.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.
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 firstname.lastname@example.org.
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 email@example.com or sending a letter to:
175 Varick Street
New York, NY 10014
Effective Date June 24, 2019 at 4:30pm Eastern Daylight Time
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