PIXEL CREAM PRIVACY POLICY

USE OF OUR SERVICES SIGNIFIES YOUR UNDERSTANDING AND AGREEMENT TO COMPLY WITH THE ENTIRE PRIVACY POLICY.

Note to All Users

This privacy policy (“Privacy Policy”) is designed to inform you about how Pixel Cream, SL (“Pixel Cream”) uses information we collect from you in connection with your use of Pixel Cream websites, video games, applications (including mobile applications), or other services provided by Pixel Cream (collectively “Services”). It is also intended to explain the conditions under which Pixel Cream uses and discloses that information and your rights relating to the collection, use and disclosure of that information. For purposes of this Privacy Policy, the terms “we,” “us,” and “our” refer to Pixel Cream, and “you” or “your” refers to you, as a user of the Services.

Your Consent. By using the Services, you consent to our collection, use and disclosure of your personal information as described in this Privacy Policy. Please review the entire policy to learn about what type of information is gathered, how such information is used, and what information may be disclosed to third parties. If you do not consent to our practices, do not use, register, subscribe, sign up or create an account with Pixel Cream.

Privacy Policy Changes. Pixel Cream reserves the right to modify this Privacy Policy at any time without giving you prior notice. Your use of the Services following any such modification constitutes your agreement to follow and be bound by such things as modified. For this reason, we encourage you to review the Privacy Policy and other terms whenever you use the Services.

Personally-Identifying Information We Collect

Personally-identifying information may be collected when you voluntarily sign up with Pixel Cream or use the Services (“User Information”). User Information we may collect includes, but is not limited to, the following categories:

Contact and Demographic Information. When you register, you voluntarily provide your contact information, which may include your first and last name, user name, mailing address, and email address. You may also provide demographic information such as your birth date, age and gender. If you communicate to us by e-mail, mail, or text we will record the e-mail address, postal address and cell number from which you send your correspondence. Any telephone calls to and from Pixel Cream may be monitored and recorded for quality assurance and training purposes. In addition, your web browser or client software may transmit certain geographic information or information regarding your computer (capabilities, game data processing, etc.) to us. Pixel Cream may use this information to generate aggregate statistics about our user community and may provide such information to advertisers and/or our partners.

Transactional Information. Transactional information helps us understand who you are and what types of offers may interest you. This also allows us to improve the products and services we offer. Transactional information may include settings, preferences, in-game purchases and game play. If you purchase products or services from Pixel Cream via the Services, you may voluntarily provide us with additional transaction information such as payment information, billing address, shipping address, phone number and email address.

User Information from Other Sources. Pixel Cream may receive User Information about you from third parties including, but not limited to, Steam, the PlayStation™ Network (“PSN”) and Twitch.tv (“Twitch”). We may associate any such information we receive from third parties with the other User Information we have collected about you. The collection, use, and disclosure of information by third parties is governed by the privacy policies listed on the website where the information was submitted by the user. Third parties may send their own cookies and pixel tags to you, and may collect information and use it in a way inconsistent with this Privacy Policy. Please carefully review these third party privacy policies to understand how your information may be collected, used, and disclosed by these third parties.

If you access the Services from Steam and/or PSN, we may collect such information as your user name / handle, user statistics, and information regarding your game play. This information will only be used or shared in accordance with this Privacy Policy.

You may be able to link your Twitch account to the Services. If you link to your Twitch account to the Services, we may collect such information as your email address, bio, handle, first and last name, type of notifications, Twitch partner, Twitter account, roll type (staff or moderator), and the date your profile was last updated. This information will only be used or shared in accordance with this Privacy Policy.

Use of Information Collected

Our primary purpose for collecting User Information is for us to provide you with the Services. We may also use your User Information for the purpose of improving our Services; to handle customer service or technical support questions or issues; to send you notices about upgrade opportunities, contests, promotions, special events, offers, service updates, technical notices, security alerts, support and administrative messages, and updates to this Privacy Policy or our Terms of Use; to send advertisements and promotional messages and offers; to communicate preferences which you have indicated; to customize the advertising and content you see; to verify information; to send you receipts for any goods purchased, and/or for any other purpose disclosed at the point of collection. We may also combine your information with information we collect from other companies to improve and personalize our Services.

We may also use the User Information we collect through our Services as necessary to comply with legal requirements, to enforce the Terms of Use, to prevent fraud, to cooperate with law enforcement and regulatory authorities and to stop other prohibited, illegal or harmful activities.

E-mail and Opt-out. If you no longer wish to receive our promotional e-mail communications, you may opt-out of receiving these communications by clicking on the Unsubscribe link at the bottom of the promotional emails or by emailing us at [email protected]. If you choose to opt-out of receiving promotional e-mail, we may still send you administrative emails regarding Pixel Cream, including, for example, administrative and transactional confirmations, and notices of updates to our Privacy Policy and Terms of Use as well as email receipts and confirmations for any goods purchased using the Services.

Information We Share

Pixel Cream may share User Information with third parties who provide services on our behalf, for advertising and promotional purposes, to perform analytics, and to improve the quality of the Services. Pixel Cream may disclose User Information in the following circumstances:

Affiliated companies. Pixel Cream may share User Information with a parent company, subsidiary, or any other company owned by, controlled by, or under common control with Pixel Cream, who may use the User Information for the purposes described above.

Service Providers. We may disclose your User Information to third party service providers hired to perform internal business functions on our behalf, including but not limited to, providing marketing assistance, sending direct mail or email, gaming networks, hosting companies, e-mail service providers, analytics companies, and payment processing companies. Unless otherwise stated, these companies do not have any right to use the User Information we provide to them beyond what is necessary for them to assist us.

User Disclosures. Some User Information is disclosed as a matter of course as a result of your use of the Services. Any User Information shared via any public forum using our Services or on another website (such as Twitch, PSN or Steam) may become public information. We cannot control the use of information disclosed in public forums, such as the chat and multiplayer functions of the Services. For example, if you publish information publicly on Twitch – such as when you broadcast content, participate in a chat room, post profile information, follow a channel, or subscribe to a broadcast channel – that information may be collected and used by others. You should exercise caution when disclosing information in these public areas, especially your location data, and be careful how you disclose your User Information. Content posted in public areas of our Services, including advice and opinions, represents the views and is the responsibility of those who post the content. We do not necessarily endorse, support, verify, or agree with the content posted. If you have any questions or comments about any content posted using our Services, please contact us at the address below.

USERS ASSUME ALL RESPONSIBILITY FOR ANY LOSS OF PRIVACY OR OTHER HARM RESULTING FROM THEIR OWN VOLUNTARY DISCLOSURE OF PERSONAL INFORMATION IN PUBLIC FORUMS.

Legal Disclaimer Concerning Subpoenas and Other Matters. We reserve the right to release account and User Information about you when Pixel Cream believes, in its sole discretion, that such release is appropriate to (1) comply with the law, legal process or law enforcement requests; (2) protect and defend our rights, property, safety or other interests including those of our parent company, subsidiaries, customers, shareholders, or others; (3) protect against misuse or unauthorized use of our Services and to enforce or apply our Terms of Use and other agreements; and/or (4) protect the personal safety or property of our users or the public (among other things, this means that if you provide false information or attempt to pose as someone else, information about you may be disclosed as part of any investigation into your actions).

Business Transitions. Pixel Cream reserves the right to transfer all User Information in its possession in the event Pixel Cream goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets. Similarly, your User Information may be passed on to a successor in interest in the event of a reorganization, reconstruction, liquidation, bankruptcy or administration. Users will not be notified of any such change of ownership or control of their User Information.

Location and Choice of Law. Pixel Cream stores and processes User Information on servers that may be located within Spain or in other jurisdictions, including, but not limited to, India. If you use the Services from the European Economic Area or other regions of the world with laws governing data collection and use that differ from laws of Spain, then you understand and consent to the transfer of your User Information to Spain or other jurisdictions for the uses identified above, in accordance with this Privacy Policy and the laws of Spain. You acknowledge and agree that the privacy and data security laws in place in Spain may be different from the privacy and data security laws in force in the country in which you reside. By voluntarily providing User Information, you hereby agree that you are consenting to our collection, use, storage, and disclosure of such User information in accordance with this Privacy Policy and that such collection, use, storage, and disclosure shall be governed by the laws of Spain.

Children’s Privacy

The Services are intended for adult use only and are not directed towards children, minors or anyone under the age of 13. If you are under the age of 13, you are not authorized to provide us with any personally identifying information. If the parent or guardian of a child under 13 believes that the child has provided us with any personal data, the parent or guardian of that child should contact us at the email address below and ask to have this personal information deleted from our files. We appreciate your cooperation with this federally mandated requirement.

Links to Partner Websites

The Services may contain links to or may redirect users to other websites owned by Pixel Cream (“Partner Websites”). Partner Websites may send their own cookies to you, and may collect information and use it in a way inconsistent with this Privacy Policy. Please carefully review the privacy policies on any Partner Websites to understand how your information may be collected, used and disclosed by these Partner Websites. Pixel Cream may share User Information with Partner Websites pursuant to the terms of this Privacy Policy.

Security

No transmission of data over the Internet is guaranteed to be completely secure and we cannot guarantee that your submissions to the Services, any content residing on our servers, or any transmissions from our server will be completely secure. It may be possible for third parties to intercept or access transmissions or private communications unlawfully. Any such transmission is done at your own risk.

Accessing and Updating User Information

If you would like to review, edit or delete any of the information we have collected from you, or if you have any questions or concerns about this Privacy Policy, please contact us via email at [email protected].

In some cases, we may not be able to delete your personal information and will retain and use our information as long as necessary to comply with our legal obligations, resolve disputes, and/or enforce our agreements.

Please note that the deletion of your data will lead to the termination of your account and all applicable services.

This Privacy Policy was last updated on 1 May 2017.