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MobyGames Privacy Policy

Effective date: August 2, 2019

Blue Flame Labs, LLC doing business as MobyGames ("us", "we", “MobyGames”, or alternative first person reference) operates the https://www.mobygames.com website and associated social media, including but not limited to the official MobyGames Discord server (the "Website").

This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data. This privacy policy applies to any MobyGames website, application, service, or tool (individually “Service” and collectively "Services") where this privacy policy is referenced, regardless of how you access or use them, including through mobile devices.

We use your data to provide and improve the Services. This Privacy Policy is solely intended to inform you of our data collection practices and your rights to any of your data that we may collect. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible from https://www.mobygames.com/info/terms.

Definitions

Personal Data

Personal Data means information relating to an identified or identifiable individual. An identifiable individual is one who can be identified, directly or indirectly, by reference to an identifier such as a name, a device identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Usage Data

Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

Cookies

Cookies are small pieces of data stored on a User’s device.

Data Controller and Data Protection Officer

Data Controller means a person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be, processed.

For the purpose of this Privacy Policy, we are a Data Controller of your data.

Where we have a legal obligation to do so, we have appointed data protection officers (DPOs) to be responsible for our privacy program. You can contact our DPO via the Contact Us information detailed below in this privacy policy.

Data Processor (or Service Providers)

Data Processor (or Service Provider) means any person (other than an employee of the Data Controller) who processes the data on behalf of the Data Controller.

We may use the services of various Service Providers in order to process your data more effectively.

Data Subject

Data Subject is any living individual who is the subject of Personal Data.

User

The User is you! The individual using our Service. The User corresponds to the Data Subject, who is the subject of Personal Data.

Information Collection And Use

We collect different types of information for various purposes to provide and improve our Service to you.

Types of Data Collected

Personal Data

While using our Services, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you for customer support or for our e-mail update sign up ("Personal Data"). Personally identifiable information may include, but is not limited to:
  • Email address
  • First name and last name
  • A username you personally select
  • Cookies and Usage Data
We may use your Personal Data to contact you with newsletters, updates, submission guidelines, marketing or promotional materials and other information that may be of interest to you. You may opt in to receiving any, or all, of these communications from us by following the subscribe link or instructions provided in any email we send.

Usage Data

We, or third parties operating through our website (such as ad providers like Facebook and Google), may also collect information concerning your access and use of the Services ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

Location Data

We may use and store information about your location if you give us permission to do so (“Location Data”). We use this data to provide features of our Service, to improve and customize our Service.

You can enable or disable location services when you use our Service at any time, through your device settings.

Tracking Cookies Data

We, or third parties acting on our or their own behalf via mobygames.com, use cookies and similar tracking technologies to track the activity on our Service and hold certain information.

Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:
  • Session Cookies. We use Session Cookies to operate our Service.
  • Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
  • Security Cookies. We use Security Cookies for security purposes.

Use of Data

We use your personal information to fulfill a contract with you and provide you with our Services, to comply with our legal obligation, protect your vital interest, or as may be required for the public good. This includes:
  • To provide and maintain our Services
  • To notify you about changes to our Services
  • To allow you to participate in interactive features of our Services when you choose to do so
  • To provide customer support
  • To prevent, detect, mitigate, and investigate fraud, security breaches or other potentially prohibited or illegal activities
We also use your personal information to pursue our legitimate interests where your rights and freedoms do not outweigh these interests. We have implemented controls to balance our interests with your rights. This includes to:
  • Receive and review submissions from Users for inclusion on the Website;
  • Gather analysis or valuable information so that we can improve our Service through surveys and questionnaires;
  • monitor the usage of our Service;
  • detect, prevent and address technical issues
With your consent, we may use your personal information to:
  • provide you with news, special offers and general information about other goods, and services that we offer, unless you have opted not to receive such information;
  • Provide you with marketing from third parties;
You have the right to withdraw your consent at any time.

When you submit game data or individual data through our Submissions page, you acknowledge that the information provided becomes the property of MobyGames for use and inclusion on the Website.

Retention of Data

MobyGames will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

MobyGames will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Services, or we are legally or contractually obligated to retain this data for longer time periods.

Transfer Of Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction. If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to the United States and process it there.

MobyGames will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place, including the security of your data and other personal information. The transfer of such data is typically for the purpose of fulfilling our contract with you, as specified above. Therefore, any request to delete or modify such Personal Data may result in the termination or interruption of our Services with respect to your usage of such Services.

Disclosure Of Data

Disclosure for Law Enforcement

Under certain circumstances, MobyGames may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Legal Requirements

MobyGames may disclose your Personal Data in the good faith belief that such action is necessary to:
  • To comply with a legal obligation
  • To protect and defend the rights or property of MobyGames
  • To prevent or investigate possible wrongdoing in connection with the Service
  • To protect the personal safety of users of the Service or the public
  • To protect against legal liability

Change of Control

If we are subject to a merger or acquisition with/by another company, we may share information with them in accordance with our privacy standards. Should such an event occur, we will require that the new combined entity follow this privacy policy with respect to your Personal Data. If we intend to handle your Personal Data for any purposes not covered in this privacy notice, you will receive prior notification of the processing of your Personal Data for the new purposes.

Security Of Data

We protect your Personal Data using technical and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. Some of the safeguards we use may include firewalls and data encryption, physical access controls to our data centers, and information access authorization controls. The security of your Personal Data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

"Do Not Track" Signals

We do not support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.

You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

Your Rights

MobyGames aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data. You may update, correct, or provide additional information to your Personal Data by resubmitting your information or contacting us directly. If you are correcting information provided to a third party please correct your information via the methods and direction provided by the third party.

If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us via any of the contact options provided at the end of this Privacy Policy.

You have the right:
  • to know what personal information we maintain about you
  • to receive a copy of your personal information in a structured, commonly used and machine-readable or commonly used electronic format on request
  • to update and modify personal information is incorrect or incomplete
  • to object to our processing of your personal information when collection is based on a legitimate interest
  • to delete or restrict how we use your personal information, but this right is determined by applicable law and may impact your access to some of our Services
Please note that we may ask you to verify your identity before responding to such requests.

Service Providers

We may employ third party companies and individuals to facilitate our Services ("Service Providers"), to provide the Services on our behalf, to perform Service-related services or to assist us in analyzing how our Services are used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Advertising

Enthusiast Gaming

Web Services, Payment Processing and Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: http://www.google.com/intl/en/policies/privacy/

Links To Other Sites

Our Service may contain links to other sites that are not operated by us, including advertisements provided by our ad providers. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children's Privacy

Our Services are intended for a general audience and are not intended for children. We do not knowingly collect personal information from users deemed to be children under their respective national laws. If you are a parent or guardian and you are aware that your child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Changes To This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

California Residents

California Civil Code Section 1798.83 permits end users of MobyGames who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please write to us at the following address:

Blue Flame Labs LLC
264 Arbor Valley Dr
San Jose, CA, 95119

California Do Not Track Disclosure

Do Not Track is a privacy preference that users can set in their web browsers. When a user turns on the Do Not Track signal, the browser sends a message to websites requesting them not to track the user. At this time, we do not respond to Do Not Track browser settings or signals. For information about Do Not Track, please visit: www.allaboutdnt.org.

Contact Us

If you have any questions about this Privacy Policy, please contact us:
Blue Flame Labs LLC
264 Arbor Valley Dr
San Jose, CA, 95119