Privacy Policy

Last modified: November 22, 2023

‍Introduction
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‍Genpop Interactive, Inc. and its parent, subsidiary and affiliate entities worldwide (“Genpop,” “Company” or “We”) respect your privacy and are committed to protecting it through our compliance with this policy.
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This policy (the “Privacy Policy”) describes the types of information we may collect from you or that you may provide when you visit https://www.genpopinteractive.com/ or one of our other websites or use any of our applications or  services, including, but not limited to, any video games connected with the Company (each referred to herein as a “Site” and collectively, the “Sites”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.
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‍NOTICE: THIS PRIVACY POLICY CONTAINS A MANDATORY ARBITRATION AGREEMENT. YOU AGREE THAT ANY CLAIMS YOU MAY HAVE AGAINST US RELATING TO THE SITE OR THE SERVICES, THIS PRIVACY POLICY OR ANY TERMS AND CONDITIONS CONTAINED HEREIN MUST BE ARBITRATED, AND YOU EXPRESSLY WAIVE THE RIGHT TO (1) ASSERT CLAIMS AGAINST US IN COURT; (2) PARTICIPATE IN A REPRESENTATIVE OR CLASS ACTION; AND (3) HAVE A JURY HEAR YOUR CASE.  YOU EXPRESSLY CONSENT TO HAVE ALL OF YOUR CLAIMS ARBITRATED ON AN INDIVIDUAL BASIS ONLY.  YOU ALSO AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY OUR TERMS AND CONDTIONS.
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‍This policy applies to information we collect:

• On the Site(s);
• In email, text, and other electronic messages between you and the Sites;
• Through mobile and desktop applications you download from this Site, which provide dedicated non-browser-based interaction between you and the Site;
• When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy;
• From third parties for reasons connected with the Company, including, but not limited to, our business partners and gaming platforms; and/or
• Any information automatically collected when you use our services, including, but not limited to, video games and any other gameplay.

It does not apply to information collected by:

• Us offline; and/or
• Any third party that is not subsequently shared with us, including through any application or content (including advertising) that may link to or be accessible from or through the Sites.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, you have the choice to not use our Sites. By accessing or using the Sites, you agree to this Privacy Policy. This policy may change from time to time. Your continued use of the Sites after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates. 
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‍Children Under the Age of 13
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‍We do not knowingly collect personal information from children under the age of 13 through the Sites or our services. If you are under 13, please do not give us any personal information.  We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children to never provide personal information without their permission.  If you have reason to believe that a child under the age of 13 has provided personal information to us, please contact us at info@genpopinteractive.com, and we will endeavor to delete that information from our databases.
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‍Information We Collect About You and How We Collect It

‍We may collect several types of information from and about users of our Sites, including information:

• By which you may be personally identified, such as name, postal address, email address, telephone number, social media information, account and online identifiers, account profile data, data regarding your gameplay, game preferences and your activity and connections when playing the game, your age, country, language and date of birth, whether you have instituted parental controls, and any other identifier by which you may be contacted online or offline (“personal information”); and/or
• That is about you but individually does not identify you.

We collect this information:

• Directly from you when you provide it to us;
• Automatically as you navigate through the Sites. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies; and/or
• From third parties, for example, our business partners.

Information You Provide to Us  
‍The information we collect on or through our Sites or receive from third parties may include the following.

• Information that you provide by filling in forms on our Sites. This includes information provided at the time of registering to use our Site, subscribing to our service, or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Sites.
• Records and copies of your correspondence (including email addresses), if you contact us.
• Your responses to surveys or questionnaires that we might ask you to complete.
• Details of transactions you carry out through our Sites and of the fulfillment of your orders. You may be required to provide financial information before placing an order through or signing up to our Sites or services.

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Sites, such as a message board and an instant messaging or chat function (collectively, “User Contributions”). Your User Contributions are posted at your own risk and you should have no expectation of privacy over them, including, without limitation, with respect to the Company. Such User Contributions shall be subject to any Terms and Conditions or Community Guidelines in effect for the Company.  Do not post anything that you want to keep private.  Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Sites with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

‍Information We Collect Through Automatic Data Collection Technologies  

‍As you navigate through and interact with our Sites, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

• Details of your visits to our Sites, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Sites; and/or
• Information about your computer and internet connection, including your IP address, operating system, and browser type.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).

The information we collect automatically may include personal information. It helps us to improve our Sites and to deliver a better and more personalized service, including by enabling us to:

• Estimate our audience size and usage patterns;
• Store information about your preferences, allowing us to customize our Sites according to your individual interests;
• Speed up your searches; and/or
• Recognize you when you return to our Sites.

The technologies we use for this automatic data collection may include the following.

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Sites. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Sites.
• Web Beacons. Pages of our Sites may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
• Flash Cookies. Certain features of our Site may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Sites. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see the “Choices About How We Use and Disclose Your Information“ section below.

Third-Party Use of Cookies and Other Tracking Technologies 

‍Some content or applications, including advertisements, on the Sites are served by third parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Sites. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. 

‍We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

‍How We Use Your Information

‍We use information that we collect about you or that you provide to us, including any personal information:

• To present our Site and its contents to you;
• To provide you with information, products, or services that you request from us;
• To facilitate your gameplay and the gameplay of all other users;
• To fulfill any other purpose for which you provide it;
• To provide you with notices about your account/subscription, including expiration and renewal notices;
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
• To notify you about changes to our Sites or any products or services we offer or provide though it;
• To allow you to participate in interactive features on our Sites;
• To protect the security or integrity of the Sites and our business;
• To share your Personal Information with third parties for our marketing, commercial and advertising and other business purposes, subject to any opt-out rights you may have;
• In any other way we may describe when you provide the information; and/or
• For any other purpose with your consent.

We may also use your information to contact you about our own goods and services that may be of interest to you.  We (and no other third party) are responsible for our use and processing of your personal information, including if you directly submit your information to us, or if we obtain your information from a third party.  

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. We may disclose personal information that we collect or you provide as described in this Privacy Policy:

• To data partners for the purposes set forth in this Privacy Policy;
• To our subsidiaries and affiliates.
• To contractors, service providers, and other third parties we use to support our business.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about our Site’s users is among the assets transferred.
• There are instances where we collaborate with other businesses on products or services. In these deals we may share your personal information with our partners. In the deals with our brand partners, we do not control what they do with your personal information once it is in their possession. You may contact them directly to make requests, or if you ask us we will pass along your request to them for their handling if possible.
• To auditors and professional advisers like bankers, lawyers, accountants and insurers.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information.
• With your consent.
• When you contribute to a publicly available area or feature of the Sites, the information and content that you post may be made available to the general public, depending on your settings (which is why we recommend that you do not submit or post any sensitive personal information, such as your full name, home address, phone number or other information that would enable others to contact or locate you).

We may also disclose your personal information:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• To enforce or apply our other agreements, including for billing and collection purposes.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our users, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Choices About How We Use and Disclose Your Information

‍We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this Site may then be inaccessible or not function properly.
• Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by sending us an email with your request to info@genpopinteractive.com.
• Promotional Offers from the Company. If you do not wish to have your email address used by the Company to promote our own or third parties’ products or services, you can opt-out by using the unsubscribe button or link on the email. This opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience or other transactions.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

‍California Privacy Rights

‍California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Sites that 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 send an email to info@genpopinteractive.com.

‍GDPR and UK Rights

‍If you are a resident of the European Union or the United Kingdom, EU or UK laws may provide you with additional rights regarding our use of your personal information. To learn more about these rights, see the “FOR EU AND UK CONSUMERS ONLY” section below.

‍Data Security

‍We have implemented measures in an effort to safeguard the personal information in our custody and control. Such measures include, for example, limiting access to personal information only to employees and authorized service providers who need to know such information for the purposes described in this Privacy Policy, as well as other administrative, technical and physical safeguards. Additionally, our service providers are not authorized to use or disclose your personal information for any purpose other than providing the services to us or on our behalf or as otherwise set forth and disclosed in this Privacy Policy, such as for marketing, commercial and advertising purposes, or as may be required by applicable law. While we endeavor to always protect our systems, due to the inherent nature of the Internet as an open global communications vehicle and other risk factors, we cannot guarantee that any information, during transmission or while stored on our systems, will be absolutely safe from intrusion by others, such as hackers.

To provide you with increased security, access to certain personal information stored in your account is protected with your username and password. You are responsible for maintaining the confidentiality of your account credentials, and we strongly recommend that you do not disclose your account username or password to anyone. We will never ask you for your password in any unsolicited communication. Please notify us immediately of any unauthorized use of your account credentials or any other suspected breach of security.

To use certain aspects of our services, such as making a purchase or subscribing we may require credit or debit card account information. By submitting your credit or debit card account information through the Services, you expressly consent to the sharing of your information with third party merchants, subscription and billing processors, and payment processors. These third parties may store your credit or debit card account information so you can use our Services in the future. We do not have your complete credit or debit card account information, store your credit or debit card account information, or have direct control over or responsibility for your credit or debit card account information. While we require that such third party merchants, billing processors, and payment processors use reasonable procedures to help protect your credit or debit card information, we cannot guarantee that transmissions of your credit or debit card account information or personal information will always be secure or that unauthorized third parties will never be able to defeat the security measures taken by us or our third-party service providers. We assume no liability or responsibility for disclosure of your information due to errors in transmission, unauthorized third-party access, or other causes beyond our control.

‍Governing Law/Dispute Resolution/Arbitration

‍All matters relating to the Site and this Privacy Policy and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). 

By using the Sites you agree that any dispute, claim or controversy arising out of or relating to this Privacy Policy or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Los Angeles, California before a single neutral arbitrator. The arbitration shall be administered by Judicial Arbitration and Mediation Services, Inc. (“JAMS”) pursuant to its Comprehensive Arbitration Rules and Procedures.  The parties to arbitration may use legal counsel at their own expense. All costs of arbitration (including arbitrator fees) shall be paid by Company, except only that if you bring the arbitration, you may be charged an initial filing fee that shall not exceed the filing fees that you would incur for bringing an action in court.  Without limiting the generality of the foregoing, in the event that any party seeks injunctive or equitable relief with respect to any actual or threatened breach of this Privacy Policy, or with respect to public injunctive relief, such party may seek relief in a court of competent jurisdiction.

‍Notwithstanding anything else in this Privacy Policy or the JAMS rules, any parties subject to this arbitration provision shall be barred from bringing or participating in any Class Action (as defined below) related to a dispute covered by this arbitration provision. Notwithstanding anything else in this Privacy Policy or the JAMS rules, it is agreed that the arbitrator is specifically denied the authority to consider or certify any Class Action under this Privacy Policy.   However, if these Class Action restrictions are ever deemed illegal or unenforceable, they shall be severed from this arbitration provision. In that event, any Class Action shall by exempted from this arbitration provision and brought in court of competent jurisdiction, in connection therewith and each of the parties consent to the sole and exclusive jurisdiction of the state and federal courts of the State of California, County of Los Angeles, Central District. For purposes of this Privacy Policy, the term “Class Action” shall mean claims brought on behalf of or allegedly representing or including other persons or entities, including but not limited to any class, consolidated, representative, collective or private attorney general action. This arbitration provision is subject to the Federal Arbitration Act, and may be enforced in any court of competent jurisdiction. 

‍WAIVER. BY AGREEING TO THIS PRIVACY POLICY AND SUBJECT THERETO, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.

Changes to Our Privacy Policy

‍It is our policy to post any changes we make to our Privacy Policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you by email to the primary email address specified in your account. The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Site and this Privacy Policy to check for any changes.

‍Contact Information

‍To ask questions or comment about this Privacy Policy and our privacy practices, contact us at info@genpopinteractive.com. 

‍FOR EU AND UK CONSUMERS ONLY:

Introduction

‍This GDPR Privacy Addendum supplements the information in the general Privacy Policy above and applies solely to Personal Data (as defined below) about individuals located in the European Economic Area and the United Kingdom. For purposes of this GDPR Privacy Addendum, “Personal Data” means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular 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 the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.  
We adopt this GDPR Privacy Addendum to comply with the General Data Protection Regulation (2016/679) and any implementing acts of the foregoing by any of the member states of the European Economic Area, the United Kingdom, or Switzerland (“GDPR”) and any terms defined in the GDPR or our Privacy Policy have the same meaning when used in this GDPR Privacy Addendum. This GDPR Privacy Addendum takes precedence over anything contradictory in our Privacy Policy.

‍Data Controller, Data Protection Officer, and Representative

‍Genpop is the data controller of the Personal Data you provide on or through our Site. 

We may be contacted in any manner set forth below in the “Contact Information” section of this GDPR Privacy Addendum.

‍Lawful Basis for Processing Your Personal Data

‍We have a lawful basis for our processing of your Personal Data, including processing for our legitimate interests (when balanced against your rights and freedoms), as required by law, and with your consent. 

If you are in the European Union, the processing of your Personal Data is lawful only if it is permitted under the applicable data protection laws. We have a lawful basis for each of our processing activities as set forth more fully below:

Automated Decisions Making
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‍We do not use your Personal Data with any automated decision making process, including profiling, which may produce a legal effect concerning you or similarly significantly affect you. 
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‍Your Rights Regarding Your Information and Accessing and Correcting Your Information
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‍You may have certain rights under applicable data protection laws, including the right to access and update your Personal Data, restrict how it is used, transfer certain Personal Data to another controller, withdraw your consent at any time, and the right to have us erase certain Personal Data about you. You may also have the right to complain to a supervisory authority about our processing of your Personal Data. 
Applicable data protection laws may provide you with certain rights with regards to our processing of your Personal Data.

• Update. You may notify us through the Contact Information below of any changes or errors in any Personal Data we have about you to ensure that it is complete, accurate, and as current as possible. We may not be able to accommodate your request if we believe it would violate any law or legal requirement or cause the information to be incorrect.
• Restrictions. You may have the right to restrict our processing of your Personal Data under certain circumstances. In particular, you can request we restrict our use of it if you contest its accuracy, if the processing of your Personal Data is determined to be unlawful, or if we no longer need your Personal Data for processing but we have retained it as permitted by law.
• Portability and Access. To the extent the Personal Data you provide us is processed based on your consent and that we process it through automated means, you may have the right to request that we provide you a copy of, or access to, all or part of such Personal Data in structured, commonly used and machine-readable format. You also have the right to request that we transmit this Personal Data to another controller, when technically feasible.
• Withdrawal of Consent. To the extent that our processing of your Personal Data is based on your consent, you may withdraw your consent at any time by contacting us through email at info@genpopinteractive.com. You may also withdraw your consent to send you legal updates by clicking the unsubscribe link at the bottom of a legal update that you receive from us. Note that unsubscribing from one of our newsletters in this way only unsubscribes you from that newsletter; you may need to unsubscribe from additional newsletters separately. Withdrawing your consent will not, however, affect the lawfulness of the processing based on your consent before its withdrawal, and will not affect the lawfulness of our continued processing that is based on any other lawful basis for processing your Personal Data.
• Right to be Forgotten. You may have the right to request that we delete all of your Personal Data. We will only delete your Personal Data when we no longer have a lawful basis for processing your Personal Data or after a final determination that your Personal Data was unlawfully processed. We may not accommodate a request to erase information if we believe the deletion would violate any law or legal requirement or cause the information to be incorrect. In all other cases, we will retain your Personal Data as set forth in this policy. In addition, we cannot completely delete your Personal Data as some data may rest in previous backups. These will be retained for the periods set forth in our disaster recovery policies.
• Complaints. You may have the right to lodge a complaint with the applicable supervisory authority in the country you live in, the country you work in, or the country where you believe your rights under applicable data protection laws have been violated. However, before doing so, we request that you contact us directly in order to give us an opportunity to work directly with you to resolve any concerns about your privacy.

How You May Exercise Your Rights 

You may exercise any of the above rights (when applicable) by contacting us through any of the methods listed under Contact Information below. If you contact us to exercise any of the foregoing rights, we may ask you for additional information to verify your identity. We reserve the right to limit or deny your request if you have failed to provide sufficient information to verify your identity or to satisfy our legal and business requirements. Please note that if you make unfounded, repetitive, or excessive requests (as determined in our reasonable discretion) to access your Personal Data, you may be charged a fee subject to a maximum set by applicable law.

‍Consent to Processing of Personal Data in the United States

‍We may process your Personal Data outside of your home country, including to the United States. We only do this when we are legally permitted to do so and when we have appropriate safeguards in place to protect your Personal Data. 

If you are a resident of the European Economic Area (“EEA”), in order to provide our Site and legal updates to you, we may send and store your Personal Data outside of the EEA, including to the United States. Accordingly, your Personal Data may be transferred outside the country where you reside or are located, including to countries that may not or do not provide an equivalent level of protection for your Personal Data. Your information may be processed and stored in the United States and United States federal, state, and local governments, courts, or law enforcement or regulatory agencies may be able to obtain disclosure of your information through the laws of the United States. By using our Sites, you represent that you have read and understood the above and hereby consent to the storage and processing of your Personal Data outside the country where you reside or are located, including in the United States. 

Your Personal Data is transferred by us to another country only if it is required or permitted under applicable data protection law and provided that there are appropriate safeguards in place to protect your Personal Data. 

The Sites are not directed to children under the age of thirteen (13). If you are under thirteen (13), do not provide your personal information on or to the Site. We do not knowingly collect on the Site any personal information from children under thirteen (13). If a parent or guardian becomes aware of his or her child has provided us with personal information without their consent, please contact us at: info@genpopinteractive.com. 

‍Data Retention Periods

‍We may retain your Personal Data. Generally, we will keep your Personal Data only for so long as is needed to transact business with you, fulfill orders, and/or provide you with information and updates regarding your orders or other information about our products and services that you have signed up to receive or we think may be of interest to you subject to your right to opt out and delete. In some instances, we may keep it after you no longer have an account or profile with us, for example we may keep it:

• on our backup and disaster recovery systems;
• for as long as necessary to protect our legal interests;
• to comply with other legal requirements;
• for data that has been aggregated or otherwise rendered anonymous in such a manner that you are no longer identifiable, indefinitely; or/and
• in the case of job applicants, to assess candidacy for future roles and other related matters.

Contact Information

‍You may contact us at info@genpopinteractive.com to exercise any of your rights under the GDPR.

In the event that you wish to make a complaint about how your personal information is being processed by the Company or third parties, or how your complaint has been handled, you have the right to lodge a complaint directly with the supervisory authority.