PRIVACY POLICY

The Play OS app and The Play Company (collectively with its subsidiaries, “Company,” “the Company,” “we,” “us,” and “our,”) respects your privacy and is committed to protecting your privacy through our compliance with this Privacy Policy (the “Policy”). This Policy should be read in conjunction with our Terms of Service, into which this Policy is incorporated by reference.

The policy describes:

• The types of information we collect from you or that you may provide when you visit our website(s) available at: https://playcompany.com/ as well as any other websites directly owned by the Company where this Policy is linked (collectively, our “Website”).
• The types of information we collect from you or that you may provide when you use the Play OS Mobile Application (the “App”, together with our Website, the “Platform”); and
• Our practices for collecting, using, maintaining, protecting, and disclosing that information.

This Policy applies to information we collect on the Platform or in emails and other electronic messages between you and the Platform.

This Policy does not apply to information collected by us offline or through any other means, including on any other website or application operated by the Company (except for where this Policy is linked) or any third party, or information collected by any third party through any application or content (including advertising) that may link to or be accessible from the Platform (for further information, see below, “Third-party Websites and Applications”).

Please read this Policy carefully to understand our practices regarding your information and how we will treat it. If you do not agree with our policies and practices, then please do not use our Platform. By using our Platform, you agree to the terms of this Policy. This Policy may change from time to time (see below, “Changes to this Policy”). Your continued use of our Platform after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.

What We Collect and How We Collect It

To ensure that we provide you with the best possible experience, we will store, use, and share information about you in accordance with this Policy.

Personal Information. To ensure that we provide you with the best possible experience, we will store, use, and disclose personal information about you in accordance with this Policy.Personal information is information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular user, household or device (“Personal Information”). The Personal Information that we may receive and collect depends on what you do when you visit our Platform.

Aggregated and De-Identified Data. We may also collect, use and disclose aggregated and de-identified data such as statistical or demographic data for any purpose. Aggregated and de-Identified data could be derived from your Personal Information but is not considered Personal Information under applicable law as this data will not directly or indirectly reveal your identity. However, if we combine or connect aggregated or de-identified data with your Personal Information so that it can directly or indirectly identify you, we treat the combined data as Personal Information which will be used in accordance with this Policy.

Free-Text Boxes. The information that you provide in each case will vary. In some cases, you may be able to provide Personal Information via email or free text boxes, such as contacting the Company to request further information. When providing your Personal Information, please provide only relevant information and do not provide unnecessary sensitive information, such as Social Security numbers, credit card information or other sensitive personal data unless required for our services.

Use of the Platform; Cheating. In order to provide a fair playing environment for all users and to protect the integrity of the Platform, we also collect Personal Information which we use to investigate complaints of cheating or behavior that we believe may be contrary to the Terms of Service, including the Rules of Conduct. This may include screenshots of players' screens or footage of in-game play. In addition to collecting Personal Information directly from visitors to the Platform, we may also collect Personal Information from third parties such as marketing partners to which permission has been granted to share that information with us. We may also partner with trusted third-party vendors to analyze performance and traffic of our Platform.This may include things like buttons you click, mouse movements and other behavior on the Platform, date and time of access, pages visited, web beacons, and cookie or pixel tag information. Please see our Automatic Information Collection section below to learn more about cookies, pixels tags, and analytic technologies.

Chat. We may partner with a trusted third-party vendor to provide you with chat features to better assist you. When using the chat features, please only provide necessary information and do not provide sensitive information.For recordkeeping, training, and quality assurance purposes, we or our third-party vendor may record and maintain a transcript of any communications in the chat.

Information You Provide to Us

You may have the opportunity to provide Personal Information on the Platform, including but not limited to:

• first and last name;
• email address;
• telephone number;
• mailing address;
• date of birth;
• Social Security number;
• credit card or other payment information (such as PayPal);
• identification documents (such as driver’s license or passport);
• a photo of you;
• your location data;
• comments, messages or answers in any communications with us or any other Play OS users provided in free text boxes; and
• gamer information (i.e. Gamertag or PSN ID, your activity on the Platform and Play OS balance, scores in games, gaming preferences and personal motto, summary of gaming activity, including when you joined, and the number of games that you have played, winnings from games and tournaments).

We may obtain the Personal Information listed above from the following categories of sources:

• Directly from you. You may provide us Personal Information when you:
  • register yourself with the Platform
  • participate in a tournament;
  • create your profile;
  • upload pictures;
  • subscribe to our emails; or
  • otherwise communicate with us, such as contacting us for more information.
• Indirectly from you. For example, through information we collect from you in the course of providing our services to you.
• Directly and indirectly from activity on our Platform. For example, from Platform usage details that are collected automatically. For more information on automatic information collection, please review the “Automated Information Collection” section below.
• Third Party Sources. We may collect information about you from third party sources, such as our business partners.

Automated Information Collection

Website. In addition to the information that you provide to us, we may also collect information about you during your visit to our Website.We collect this information using automated tools that are detailed below.These tools may collect information about your behavior and your computer system, such as your internet address (IP Address), the pages you have viewed, and the actions you have taken while using the Website.Some of the tools we use to automatically collect information about you may include:

(a) Cookies. A “cookie” is a small data file transmitted from a website to your device’s hard drive.Cookies are usually defined in one of two ways, and we may use either (or both) of them:

(1) session cookies, which do not stay on your device after you close your browser, and

(2) persistent cookies, which remain on your device until you delete them or they expire.

We may use the following categories of cookies on our Website.

i. Strictly Necessary Cookies.These cookies are essential in order to enable you to move around the Website and use its features. Without these cookies, services you have requested cannot be provided.

ii. Performance Cookies.These cookies collect anonymous information on how you use our Website to help us understand how you arrive at our Website, browse or use our Website and highlight areas where we can improve, such as navigation. The data stored by these cookies never shows personal details from which your individual identity can be established.

iii. Functionality Cookies.These cookies remember choices you make such as the country from which you visit our Website, your preferred language, and your search parameters. This information can then be used to provide you with an experience more appropriate to your selections and to make your visits to our Website more tailored to your preferences. The information in these cookies may be anonymized.These cookies cannot track your browsing activity on other websites.

iv. Targeting Cookies or Advertising Cookies. These cookies collect information about your browsing habits in order to make advertising more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of an advertising campaign.The cookies are usually placed by third-party advertising networks.These cookies remember the websites you visit and that information is shared with other parties, such as advertisers.

Of course, if you do not wish to have cookies on your devices, you may turn them off at any time by modifying your internet browser’s settings.However, by disabling cookies on your device, you may be prohibited from full use of the Website’s features or lose access to some functionality.

(b) Google Analytics.The Website sends aggregated non-Personal Information to Google Analytics for the purpose of providing us with the ability to conduct technical and statistical analysis on the Website’s performance.For more information on how Google Analytics supports the Website and uses information sent from the Website, please review Google’s privacy policy available at https://policies.google.com/technologies/partner-sites. To opt out, please visit: https://tools.google.com/dlpage/gaoptout.

(c) Web Beacons.A Web Beacon is an electronic image.Web Beacons can track certain things from your computer and can report activity back to a web server allowing us to understand some of your behavior.If you choose to receive emails from us, we may use Web Beacons to track your reaction to our emails.We may also use them to track if you click on the links and at what time and date you do so.Some of the third-party marketers we engage with may use Web Beacons to track your interaction with online advertising banners on our Website.This information is only collected in aggregate form and will not be linked to your Personal Information.Please note that any image file on a webpage can act as a Web Beacon.

(d) Embedded Web Links.Links provided in our emails and, in some cases, on third-party websites may include tracking technology embedded in the link.The tracking is accomplished through a redirection system.The redirection system allows us to understand how the link is being used by email recipients.Some of these links will enable us to identify that you have personally clicked on the link and this may be attached to the Personal Information that we hold about you.This data is used to improve our service to you and to help us understand the performance of our marketing campaigns.

(e) Third-party Websites and Services.We work with a number of service providers of marketing communications technology.These service providers may use various data collection methods to improve the performance of the marketing campaigns we are contracting them to provide.The information collected can be gathered on our Website and also on the websites where our marketing communications are appearing.For example, we may collect data where our banner advertisements are displayed on third-party websites.

App. In addition to the information that you provide to us, we may also collect information about you during your use of the App. We collect this information using automated technology. This technology may collect information about your behavior and your device, such as your internet address (IP Address), location, the screens you have viewed, and the actions you have taken while using the App. For example, before the App collects your location information, whether you are actively using the App or not, the App will request your permission to collect location information. This information is not personally identifiable or capable of being used to identify you in the scope of this Policy.

Your Choices and Selecting Your Privacy Preferences

While the Platform and its use of data is relatively structured to meet the requirements of the services provided through the Platform, you may have the opportunity to sometimes indicate what Personal Information the Platform collects, processes, stores or shares with the Company. For example, you will have the option to allow or not allow notifications to be sent to you in the form of alerts, sounds or badges. Please review all options available to you prior to using the Platform.

We always want to provide you with relevant information that you have requested and do so in a timely fashion. If we provide subscription-based services, such as in-App messaging, we will allow you to make choices about what information you provide at the point of information collection or at any time after you have received a communication from us while you are subscribed. Transactional or service-oriented messages are usually excluded from such preferences, as such messages are required to respond to your requests or to provide goods and services, and are not intended for the purposes of marketing

From time to time, we may send you email newsletters and marketing emails.You may opt out of them at any time by selecting the “unsubscribe” link at the bottom of each email. Please note that by opting out or unsubscribing you may affect other services you have requested we provide to you, in which email communication is a requirement of the service provided. Even if you opt-out of receiving marketing material, we may still need to contact you with important information about your account or responding to your requests or questions.

Text Messaging

You may have the opportunity to receive SMS or "text" messages, pre-recorded voice messages or auto-dialed phone calls from the Company, its affiliates and related entities as well as third parties. Such messaging may be used to authenticate your identity or mobile device, as well as provide you informational updates about services or products you may have requested. In providing your mobile device number or cell phone number to the Company, you knowingly consent to such communications from the Company or for the Company to use your cell phone number or mobile device number in accordance with the Company’s Terms of Service. In providing your number, you represent that you have the authority to agree to receive text messages at the telephone number that you provide to the Company, or from which you sent the text message request to us. You further acknowledge that no purchase is required to opt into this service, and you may opt out at any time by following the instructions detailed in our communications with you. Any such communications you receive from us will be administered in accordance with your preferences and this Policy.

Accuracy and Access to Your Personal Information

We strive to maintain and process your information accurately. We have processes in place to maintain all of our information in accordance with relevant data governance frameworks and legal requirements. We employ technologies designed to help us maintain information accuracy on input and processing.

Where we can provide you access to your Personal Information in our possession, we will always ask you for a username and password to help protect your privacy and security. We recommend that you keep your password safe, that you change it periodically, and that you do not disclose it to any other person or allow any other person to use it.

To view some of the Personal Information that you have provided to us, you can log in to your account on the Platform. To change or view any other Personal Information that you have provided to us, please contact us directly for assistance via support chat or by submitting a support ticket under your account.

Profiles, Message Boards, Chat Rooms and Forums

The Play Company is not responsible for the information you volunteer, post, submit, publish, display or transmit about yourself in discussions in our message boards, chat rooms, forums or in publicly accessible interactions, or the information that you choose to make public in your account profile. The Play Company assumes no responsibility for the conduct of any user submitting any content (“User Content”), and assumes no responsibility for monitoring the Platform for inappropriate content or conduct. We are unable to pre-screen or monitor all User Content and we will not do so. Your use of the Platform is at your own risk. Please see our Terms of Service for more information on User Content.

Information of Minors

We do not intentionally seek to gather information from individuals under the age of thirteen (13). We do not target the Platform to minors, and would not expect them to be engaging with our Platform or services. We encourage parents and guardians to provide adequate protection measures to prevent minors from providing information unwillingly. If we are aware of any Personal Information that we have collected about minors, we will take steps to securely remove it from our systems.

By using the Platform, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.

How We Use Your Information

The information we gather and that you provide is collected to provide you information and the services you request, in addition to various other purposes, including, but not limited to:

• Facilitate account creation and the logon process.
• Assisting you with items such as personalized experiences, facilitation of product usage, and enforcement of Terms of Service.
• Preventing malicious activity and providing you with a secure experience.
• Providing service and support for services you request.
• Providing marketing communications that are effective and optimized for you.
• Keeping you up-to-date with the latest benefits available from us.
• Preventing unwanted messages or content.
• Measuring the performance of our marketing programs.
• Contacting you about services and offers that are relevant to you.

The length of time Company intends to retain Personal Information, including sensitive personal information, if any, is for as long as reasonably necessary to carry out Company’s intended business purpose for such information.

How We Disclose Your Information

We do not sell or lease your Personal Information to any third party.We may disclose your Personal Information to a third party for a business purpose, including the following categories of third parties:

• Our Affiliates. We may disclose the information collected through the Platform with our affiliates, subsidiaries, or other related entities in order to provide our products, services and effective customer support.
• Third-party Service Providers. We disclose Personal Information collected through the Platform with third-party Service Providers who act for or on behalf of the Company. These third parties may need information about you to perform their functions. “Service Providers” may include suppliers, dealers, distributors, companies and consultants that provide website hosting, software development, payment processing, website and data analytics, order fulfillment, information technology and related infrastructure support, customer service, email delivery, and auditing. Additionally, we may use Service Providers to provide identity verification and tax reporting services.
• Debit Card Providers. If you choose to sign up for a debit card, we may disclose your Personal Information with trusted third-party providers (such as Sightline Payments LLC) and the issuing bank who assist in the issuance, processing, and management of the debit card. If you provide Personal Information directly to such third party providers, your information will be subject to their privacy policy and terms and conditions. We encourage you to read their posted privacy policy and terms and conditions.

Except as described above and in this Policy, we will not disclose your information with third parties without your notice and consent, unless it is under one of the following circumstances:

• Legal Reasons.
  • Responding to duly authorized information requests from law enforcement or other governmental authorities.
  • Complying with any law, regulations, subpoena, or court order.
  • Investigating and helping prevent security threats, fraud, or other malicious activity
  • Enforcing or protecting the rights and properties of Company or its subsidiaries.
  • Protecting the rights or personal safety of Company’s employees.
  • Disclosing your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Sale of Business or Merger. There are circumstances where the Company may decide to buy, sell, or reorganize its business in selected countries. Under these circumstances, it may be necessary to share or receive Personal Information with prospective or actual partners or affiliates. In such circumstances, the Company will ensure your information is used in accordance with this Policy.
• Aggregate or De-Identified Data. We may aggregate or otherwise anonymize the data we collect for purposes of analytics, research, marketing and other business interests of the Company.Such use shall not include Personal Information or information that can identify you as an individual or reasonably be used to identify you.

Feedback

We welcome inquiries or feedback on the services or products you might use or like to use. Any inquiries, feedback, suggestions, or ideas you provide to us (collectively, “Feedback”) will be treated as non-proprietary and non-confidential. Your Feedback on or through this Platform may be available to others who visit this Platform. In addition, we may use your Feedback in advertising campaigns and other promotions. We may or may not use your name in connection with such use, and we may or may not seek your consent before using the Feedback for such purposes. Therefore, you should have no expectation of privacy with respect to your Feedback on or through this Platform. You should not submit any content you do not wish to make available to the general public, and you must take special care to make sure your Feedback comply with our Terms of Service or other applicable agreements. All terms and conditions of our Terms of Service apply to Feedback on or through this Platform. In particular, your Feedback must not violate the privacy or other rights of others. You may not use false identifying information or contact information, impersonate any person or entity, or otherwise mislead us as to the origin of any Feedback.

Third-party Websites and Applications

This Policy does not apply to websites, applications, or other domains that are maintained or operated by third parties or our affiliates. The Platform may link to third-party websites and services, but these links are not endorsements of these sites or services, and this Policy does not extend to them. Because this Policy is not enforced on these third-party websites or applications, we encourage you to read any posted privacy policy of the third-party website or application before using the service or site and providing any information.

Your Rights under State Law

California.

• Shine the Light Law. Pursuant to California Civil Code Section 1798.83, we will not disclose or share your Personal Information with third parties for the purposes of third-party marketing to you without your prior consent.
• Do Not Track Signals.Other than as disclosed in this Policy, the Platform does not operate any differently when it receives Do Not Track signals from your internet web browser.
• WE DO NOT SELL YOUR PERSONAL INFORMATION.

Nevada.

Nevada law permits customers in Nevada to opt-out of the sale of certain kinds of Personal Information. We do not sell your Personal Information to third parties as defined in Nevada law. If you are a Nevada resident and have any questions, you can contact us at support@playcompany.com.

For Platform Visitors Outside of the United States

Our Platform is designed for use by individuals in the United States only. We do not warrant or represent that this Policy or the Platform’s use of your Personal Information complies with the laws of any other jurisdiction. Furthermore, to provide you with our services, we may store, process, and transmit information in the United States and other locations around the world, including countries that may not have the same privacy and security laws as yours. Regardless of the country in which such information is stored, we will process your Personal Information in accordance with this Policy.

Changes to this Policy

If we make any changes to this Policy, a revised Policy will be posted on this screen and the date of the change will be reported in the “Last Revised” block above.

Safeguarding the Information We Collect

We use reasonable technical, administrative, and physical safeguards in order to protect your Personal Information against accidental loss and from unauthorized access, use, alteration, and disclosure. However, we can never promise 100% security. You have a responsibility, as well, to safeguard your information through the proper use and security of any online credentials used to access your Personal Information, such as a username and password. If you believe your credentials have been compromised, please change your password. Please also notify us of any unauthorized use of your Personal Information or your credentials.

How to Contact Us

We value your opinions and welcome your feedback. To contact us about this Policy or your Personal Information, please contact us at:

The Play Company
1400 W 10th St, Suite 100
Cleveland, OH 44113
support@playcompany.com