“Personal Data” shall mean any information relating to a Data subject; an identifiable person is one who can be defined, directly or indirectly, notably by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to his/her physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. Contact data and Service Data are Personal Data.
“Contact Data” means any names, phone numbers, e-mail addresses and certain financial details held within commercial systems to conduct the Parties’ relationship management and billing transactions between the Parties;
“Service Data” means any Party’s Personal Data (that is not Contact Data) held within the Parties’ systems, applications or databases and that may be accessed, processed, used or stored as a consequence of performing the services under the Agreement.
2. Collection of information
Information collected through the Game
Clique Games may also collect and process other information when you interact with the Game online, such as the type of browser you are using, the type of operating system you are using; the IP address or other unique identifier such as a device identifier of any of your computer(s) or device(s) that are used to access the Game. Such information will be collected and processed irrespective of whether you only access the Game or if you actually play the Game. Clique Games may also collect and process certain information when you as a user with a user account interact with the Game such as the information in your personal profile, the relationships you form in the Game, the messages you send, the groups you form, the events you set up, the applications you add and the information you transmit information through various channels.
Information collected through other sources
Clique Games may invite you to share your email address with us for sales and marketing purposes. You may be invited to do this in the Game, related websites etc. as well as third party ad networks. By opting in to receive these emails on our website or from our ad partners, you are giving your consent to receive these types of sales and marketing emails, as well as us storing Personal Data related to such emails and related material in accordance with the terms and conditions of this agreement.
If you choose to use any invitation service to tell a friend about the Game, Clique Games will ask you to provide Personal Data needed to send the invitation, such as your friend’s email address etc. Clique Games will send your friend a one-time email or instant message inviting him or her to visit the Game. Clique Games stores this Personal Data to send this one-time invitation, to register a friend connection if your invitation is accepted, and to track the success of our referral program. Your friend may contact Clique Games at email@example.com to request that Clique Games remove this Personal Data from its database.
Clique Games may also collect information about you from other sources, such as third party sites or platforms, newspapers, blogs, instant messaging services, and other End Users of the Game through the operation of the Game in order to provide you with more useful information and a more personalized experience.
3. Cookies and logs etc.
Logfiles. Log files are files that log actions that have occurred on a website, app or platform. Clique Games may collect data in the form of log files and may use such log files to gather statistics about End Users user habits and to assess overall Game activity, including how many “hits”; a particular web page etc. is getting and other navigational data. These entries are generated anonymously, and enable Clique Games and/or platforms to track interest in specific promotions, features, troubleshoot technical concerns, and provide End Users with content that may be of interest to them. Log files are used internally only, and are not associated with any particular user, computer, or browser.
Web beacons. The Game may use a variety of technical methods for tracking purposes, including “Web beacons” etc. Web beacons are small pieces of data that are embedded in images on the pages of the Game. We may also use these technical methods to analyze the traffic patterns in the Game such as the frequency with which End Users accesses various parts of the Game etc. These technical methods may involve the transmission of information either directly to us or to another party authorized by us to collect information on our behalf. The information from use of these technical methods may be collected in a form that is personally identifiable.
4. Use of information – Purpose and legal basis
Clique Games will use information about you for the following purposes in accordance with applicable laws:
Information you provide or is collected from you in or in relation to the Game and information from other sources
Information is provided by you or collected in or in relation to the Game and/or collected from other sources in order to:
provide, operate, improve and maintain the Game, game experience and services, your account(s);
personalize the Game, content, loyalty programs and related services to you;
send technical notices, updates, security alerts,
for support and troubleshooting reasons;
send support and administrative messages
provide news and information about the Game and/or about our games and products;
monitor the end users playing of the Game and activities in the Game;
facilitate sharing on social networks;
provide adults with advertising in accordance with given consent and/or permissible laws;
provide children reasonable contextual advertisements in the Game accordance with permissible laws;
identify, fix, and troubleshoot bugs and service errors, provide software updates etc;
resolve disputes, investigate and help curb fraud and illegal behavior, comply with the law, and to enforce our agreements and policies;
survey end users opinions about the game and related matters through surveys or questionnaires;
communication reasons related to the Game and related matters;
to comply with applicable laws or respond to legal process (like requests from law enforcement or other public or government authorities);
manage the Game and send you confirmations and important information about your account, products, purchases, subscriptions, and warranties;
present offers and/or information relating to the Games and other games that you might like;
make recommendations to you; and
personalize advertising for you and deliver targeted marketing, service updates and promotional offers.
Processing of this information is necessary for the purpose of performance of a contract to which you are a party, in order to support the operation of the Game, facilitate the delivery of requested products and services, enable maintenance and update of the Game. We only process your information to the extent that is necessary to achieve the purposes for which the information has been collected.
5. Storage of Personal data
With respect to processing of Personal Data Clique Games is Data Controller. Clique Games shall (i) Not keep the Personal Data for longer than is necessary for the purposes of performing the Agreement unless further storage is required in order to establish, exercise or defend a legal claim or to comply with applicable law, including accounting rules; (ii) Store, process and use the Personal Data for the sole purpose of performing the Agreement; and (iii) Ensure that their employees and employees of their affiliates and subcontractors involved in the performance of the Agreement comply with the provisions of this agreement (iv) Implement all reasonable technical and organizational measures to protect your Personal Data against any accidental or unlawful destruction, accidental loss, unauthorized alteration, communication or access, (v) Where applicable report to you, upon its occurrence, any unauthorized access, disclosure, use, modification or destruction of your Personal Data, (vi) Refrain from exporting or transferring your Personal Data to any country outside of the USA, and from collecting, using or Processing Personal Data within any country outside of the USA, unless prior to the transfer we have ensured that an adequate level of protection of the Personal Data has been implemented. Personal Data is deleted or anonymized as soon as it no longer serves one of the above mentioned purposes and in any event no later than three (3) years after your interaction with us has ended.
6. Information we share with third parties
As a general rule we will not share Personal Data that directly identifies you (such as your name, e-mail or postal address etc.) with independent third parties without your consent, unless it is either required by law or we determine that disclosure is reasonably necessary to enforce our rights, property or operations or to protect our players or third parties. We may share anonymous or aggregated information, or other data that does not directly identify you, with third parties, for instance your persona on leaderboards or to show trends about use of our products.
Notwithstanding the forgoing, we may share information about you with certain third parties based on the legal basis as follows:
Third Party Agents and Contractors
Where the Game and related services are accessed and/or provided through social networks.
When required by applicable law, rule, regulation, legal process, in the process of negotiations of, any mergers and acquisitions, sale of company assets, financing or acquisition of all or a portion of our business by another company where personally identifiable information submitted to us may be transferred to the acquiring entity.
Courts, law enforcement agencies, legal authorities etc.
When ordered or requested by courts, legal authorities etc. and required in order for us to abide by applicable laws, or to protect our rights, in defense in law suits, property or safety of Clique Games, the Game, end users etc.
Other end users
In order to provide certain Game features.
For advertising purposes. We may share your advertising ID with advertising partners in order to serve behavioral advertisements to you within the Game if you have given consent.
7. Payment information
In order to access the complete Game, certain premium game functions, levels, content and features etc. you are required to pay certain fees. When purchasing such features and functions etc. you may be asked by the platform/service providers to provide certain personally identifiable information, such as full name, billing address, email address, phone number and credit card number/expiration date etc. Please note that you must be the age of 18 or older to make purchases in the Game, however children over thirteen but under eighteen may access and play the game under the supervision of a legal guardian.
Once End Users have successfully entered valid credit card information etc. and completed the order process, a purchasing account will be created and maintained for them. The platform/service providers will use the information provided to process the End User’s order and to send order confirmations via email, as well as to make future purchases easier for the End User. Clique Games does not sell, transfer or share customer information with third parties, except where applicable the information is transferred, disclosed and shared with its third-party agent(s) who uses the information solely to handle and deliver certain online activities necessary to operate Clique Games’ business (e.g. processing orders and payments).
Clique Games has taken reasonable steps to ensure that the personally identifiable information it collects is secure and we have taken reasonable measures to protect the confidentiality, security, and integrity of the Personal Data collected from our Game’s End Users. Personal Data is stored in secure operating environments that are not available to the public and that are only accessible to authorized employees and contractors. We also have security measures in place to protect the loss, misuse, and alteration of the information under our control. However, there is no such thing as perfect security. As a result, although we strive to protect personally identifying information, we cannot ensure or warrant the security of any information transmitted to us through or in connection with the Game, that we store on our systems or that is stored on our service providers' systems.
Please note that Clique Games may provide links to other games and websites that are operated and hosted by third parties who may have their own information collection practices. Those other games and websites are governed by their own privacy policies, which may be substantially different from Clique Games’ policies. Visitors to other games and websites are encouraged to review the privacy policies and information collection practices of those websites.
9. International Data Transfers
We may transfer and share your information to third parties (including service providers operating on our behalf) which may be located in countries outside the United States (“US”) which may not have the same level of data protection laws as those in the country where you are located. Where your data is sent to a country outside the US that is not subject to decision by the US, the transfers will only occur based on the following safeguards: i) If the entity is certified to comply with the principles for data protection under the US-EU Privacy Shield Framework ("Privacy Shield") (see Privacy Shield at www.privacyshield.gov), or ii) If we have entered into US approved standard contractual clauses with the entity, which is deemed to offer sufficient safeguards with respect to the protection of the privacy and fundamental rights and freedoms of individuals.
10. Your Choices and Controls
You have the following rights regarding your Personal Data:
How We Use and Disclose Your Information
If you do not wish to have your email address/contact information used by the Company to promote our own products or services, you can opt-out by checking the relevant box located on the form on which we collect your data or at any other time by sending us an email stating your request to firstname.lastname@example.org
Right of correction and erasure
You can review and change your personal information by sending us an email at email@example.com. Specifically, you can send us an email to request access to, correct or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
Disputes between you and Clique Games
OUR GOAL IS TO RESOLVE DISPUTES FAIRLY AND QUICKLY. FOR ALL DISPUTES AGAINST CLIQUE GAMES, YOU AGREE TO FIRST CONTACT CLIQUE GAMES AND TRY TO RESOLVE THE DISPUTE INFORMALLY BY SENDING A WRITTEN NOTICE OF THE CLAIM ("NOTICE") TO CLIQUE GAMES. THE NOTICE TO CLIQUE GAMES MUST BE SENT VIA REGISTERED LETTER TO THE ADDRESS LISTED IN SECTION 17 BELOW OR BY EMAIL WITH CONFIRMATION OF RECEIPT. THE NOTICE MUST (A) INCLUDE YOUR NAME, YOUR RESIDENTIAL ADDRESS AND E-MAIL ADDRESS AND / OR MOBILE PHONE NUMBER ASSOCIATED WITH YOUR ACCOUNT REGISTERED WITH CLIQUE GAMES AND/OR THE PLATFORM/SERVICE PROVIDER; (B) DESCRIBE THE TYPE AND REASON FOR THE CLAIM; AND (C) SPECIFY THE SPECIFIC COMPENSATION SOUGHT, IF ANY. IF YOU AND CLIQUE GAMES CANNOT AGREE ON A SOLUTION TO THE DISPUTE WITHIN 60 DAYS OF RECEIVING SUCH A NOTICE, EITHER PARTY MAY INITIATE LEGAL PROCEEDINGS IN ACCORDANCE WITH SECTIONS 12-15 BELOW.
You are solely responsible for your interactions with other users of the Game. We reserve the right, but have no obligation, to monitor disputes between you and other users.
Any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought by either party is less than $10,000 shall be resolved via binding non-appearance-based arbitration initiated through the American Arbitration Association (“AAA”). The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. In any such arbitration, the parties and AAA must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Agreement shall prevent either party from seeking remedies in small claims court of competent jurisdiction.
The right to refrain from arbitration. You may choose to waive this arbitration term. Then neither you nor Clique Games can demand that the other party take part in arbitration proceedings. In order to refrain, you must inform Clique Games in writing about this within 30 days of obtaining notice of this Arbitration section. You must provide the name and address, the e-mail address associated with your Game account (if you have one) and a clear wording that you want to waive the arbitration terms. All requests to refrain from arbitration must be sent to: Clique Games, 5534 Saint Joe Road, Fort Wayne, Indiana, USA, 46835 and marked “Waiver of Arbitration”. If you do not waive this arbitration section it will continue to apply to you.
13. Class action waiver
YOU AGREE THAT ANY AND ALL CLAIMS MUST BE MADE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
15. Governing law
(b) Notwithstanding anything to the contrary, Clique Games may apply to any court of competent jurisdiction for injunctive or other equitable relief or payment claims.
Clique Craft MC LLC, DBA, Clique Games
5534 Saint Joe Road,
Fort Wayne, Indiana, 46835