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Popsy Privacy Policy

(Last updated on 2/20/11)

 

Popsy's Privacy Policy is designed to provide clarity about the information we collect and how we use it to provide a better gaming experience. By accepting our Privacy Policy and Terms of Service in registration or game participation, you consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy. Defined terms not defined in this Privacy Policy shall have the meaning ascribed to them in the Terms of Service.

 

Popsy develops and runs mobile phone games for participants in various venues; including but not limited to: live events, in stadiums and on television. In this policy, "Popsy" refers to Popsy interactive Incorporated. We may also refer to Popsy as "We" or "Us".

 

This Privacy Policy describes:

  • the information we collect, how we do so and the purposes of our collection (Section 1)

  • how we use and with whom we share such information (Section 2)

  • how you can access and update such information (Section 3)

  • how we protect the information we store about you (Section 4)

 

If you have questions regarding this Privacy Policy or our collection and use of information, please contact us as described in Section 8 ("Contact Us").

 

1. INFORMATION WE COLLECT

 

Registration Information

 

When you register with us, you will be required to provide at least the following information:

  • your age or birthday (for age screening and/or to better understand who our users are)

  • your first and last names

  • address

  • your e-mail address (which must be a valid e-mail address)

  • a password and other information that helps us confirm that it is you accessing your account

  • your mobile phone number

  • other information including; but not limited to: hobbies, favorite sports teams, education, children, satellite or cable provider, brand of phone, and cell phone service provider.

 

We may also offer you the option to complete a user profile that is visible to other Popsy users.

Your user profile may include: a profile photo

  • one or more game username(s)

  • your gender

  • biographic details that you provide

  • points that you have earned or your particular ranking among other players

  • location

  • ethnicity

 

Your user name; city, state and country location; and profile picture are considered "public" on the Popsy Service and Popsy games.

 

 

Information We Receive or Collect When You Participate in Popsy Games on a Mobile Device

 

If you play Popsy games on your mobile telephone or other mobile device, we collect your unique device identifier and may collect your telephone number, country, and other information, such as user name, location or e-mail address (i.e., to receive updates about the game, or in game questions).

 

Customer Support Correspondence

 

When you ask for assistance from our Customer Support team, we will collect and store the contact information you provide (generally your name and e-mail address), information about your game play or activity on the Service. We will also store the correspondence and any information contained within.

 

SMS Notifications

The use of SMS notifications may be used to notify players of upcoming challenges, participation codes, or for other uses from Popsy Interactive.

 

We receive and store the information you provide, including your telephone number, when you sign up to have SMS notifications sent directly to your mobile phone. These messages notify you of Popsy games available to play. Popsy is not responsible for any costs from the service provider associated with using SMS notifications in order to play.

 

Technical and Usage Information

 

When you access the Service or play any Popsy games, we collect (i) your answers to the in-game questions; and (ii) have access to your profile information, and (iii) will manage the point redemption based on your play.

 

How We Collect Information about You

 

We may collect information about you in any one or more of the following ways:

 

Information about Players and Play

 

When you play, Popsy will collect information on who is participating, where they are playing and the demographics of that user may be used to educate advertisers about who is participating with their particular brand.

 

Communications Features

 

You may be able to take part in certain activities on the Popsy Service or Popsy games that give you the opportunity to communicate or share information not just with Popsy, but also with other users of our Service. These include:

 

  • participating in player forums and message boards

  • Setting up competitions between your friends, known as your “Popsy posse”

  • posting public comments to other users' profiles or during Popsy games

  • sending private messages or invitations to other users, either directly on our Service or to their e-mail or p-mail accounts

  • chat with other users

  • posting photos

 

We may record and store archives of these communications on Popsy's servers to protect the safety and well being of our users and Popsy's rights and property in connection with the Service. You acknowledge and consent to the recording and storage of such communications for these purposes.

 

Cookies and Automated Information Collection

 

When you access our websites or participate in Popsy games, we collect certain technical information in order to (i) analyze the usage of our sites and services which allows us to improve the service, (ii) provide a more personalized experience and (iii) manage advertising. We and service providers acting on our behalf, use server log files and tracking technologies to collect and analyze certain types of technical information, including cookies, IP addresses, browser types, browser language, referring and exit pages, and URLs, platform type, the number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, speed of response, frequency of participation in Popsy games, and the date and time of activity on our websites or games, and other similar information.

 

We may also employ other technologies including (i) web beacons, which allow us to know if a certain page was visited or whether an e-mail was opened; (ii) tracking pixels, which allow us to advertise more efficiently by excluding our current users from certain promotional messages or identifying the source of a new installation; (iii) local shared objects also known as flash cookies, which help us to prevent fraud, remember your in-game settings and to track your progress on certain in-game tasks.

 

You can set your web browser to warn you about attempts to place cookies on your computer, or limit the type of cookies you allow. Flash cookies operate differently than browser cookies and cookie management tools available in a web browser will not remove flash cookies. To learn more about and manage flash cookies you can visit http://www.adobe.com/products/flashplayer/articles/lso/ and make changes at the privacy settings panel. If you disable cookies, you may lose some of the features and functionality of playing our games, as Popsy cookies are necessary to track and enhance your game activities. Please note that companies delivering advertisements in our games or on our websites may also use cookies or other technologies, and those practices are subject to their own policies.

 

Other Sources

 

We may collect or receive information from other sources including (i) other Popsy users, and (ii) third party information providers. This information will be used to supplement your profile. It will be combined with other information we collect.

 

2. HOW WE USE THE INFORMATION WE COLLECT

 

In general, we collect, store and use your information to provide you with a safe, smooth, efficient, and customized experience. For example, we may use information collected from you in any one or more of the following ways:

 

  • to register your Popsy account and allow play of Popsy games

  • to administer Popsy games and improve game play

  • to provide technical support and respond to user inquiries

  • to prevent fraud or potentially illegal activities, and enforce our Terms of Service

  • to notify users of Popsy game updates

  • to provide in-game leader boards and promote in-game player achievements

  • to communicate about new and current Popsy games

  • to solicit input and feedback to improve Popsy products and services and customize your user experience

  • to resolve disputes and troubleshoot problems

  • to analyze trends and user traffic and gather statistical information

  • to inform users about new products or promotional offers

  • to award points, rewards and/or coupons

 

Sharing of Your Information

 

We will share your information (in some cases personal information) with third parties, in the following circumstances:

 

Third Party Service Providers

 

We will provide your information to third party companies to perform services on our behalf, including data analysis, e-mail delivery, hosting services, customer service and to assist us in our marketing efforts. We direct all such third party service providers to maintain the confidentiality of the information disclosed to them and to not use your information for any purpose other than to provide services on Popsy's behalf.

 

Other Popsy Players

 

In some Popsy games other players will be able to see your game name or pseudonym and a game profile. Your game profile may include your profile photo.

 

In Game Winners and Leaders

 

In some Popsy games, your user name, city, state and country address, and your profile photo may be displayed at the venue where the Popsy game takes place.

 

Advertising of Third-Party Products and Services

 

We do not actively share specific personal information with third party advertisers for their direct marketing purposes unless you give us your consent. If we wish to share in this fashion, we will ask for your consent.

 

We may use and share with third parties certain technical information (including IP addresses and mobile phone numbers) or aggregated information to show general demographic and preference information among Popsy users. We may also allow advertisers to collect technical or aggregated information, which they may share with us, with tracking technologies like cookies and web beacons. The information collected may be used to offer you targeted ad-selection and delivery in order to personalize your user experience by ensuring that advertisements for products and services you see will appeal to you, or for providing promotional product coupons or discounts.

 

Our collection, use, and disclosure of anonymous and aggregated information, and answers and responses to in-game questions, are not subject to any of the restrictions in this Privacy Policy.

 

Safety, Security and Compliance with Law

 

Your information, and the contents of your communications, may be accessed and disclosed (i) in response to legal process (for example, a court order, search warrant or subpoena); (ii) when we have a good faith belief that we are required to disclose the information in response to legal process; (iii) in other circumstances in which Popsy believes the Popsy games or Service are being used in the commission of a crime (including exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction); (iv) when we have a good faith belief that there is an emergency that poses a threat to the safety of you or another person; and (v) when necessary either to protect the rights or property of Popsy including to enforce our Terms of Service, or for us to render the Service.

 

Sale or Merger

 

In the event that Popsy undergoes a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, we may transfer all of your information, including personal information, to the successor organization in such transition. If material changes to Popsy's privacy practices will occur as a result of the business transition, we will notify you and other users of the business transition prior to transferring your personal information.

 

Our Policies Concerning Children

 

The Service and Popsy games are not intended for children under the age of 13 and we do not knowingly collect any personal information from such children. Children under the age of 13 should not use the Service or play and Popsy games at any time. In the event that we learn that we have inadvertently gathered personal information from children under the age of 13, we will take reasonable measures to promptly erase such information from our records.

 

3. HOW TO ACCESS AND UPDATE YOUR INFORMATION

 

To manage the information Popsy receives about you, you will need to follow the instructions at www.popsyinteractive.com for updating your information and changing your privacy settings.

 

Other Methods of Accessing and Controlling your Information

 

  • If you no longer want Popsy to make active use of your information, you may send an e-mail to privacy@popsyinteractive.com. Place "Delete My Account" in the subject line and include your first name, last name, e-mail address in the body of the e-mail. We will respond to your request within sixty (60) days. Please note that certain records, for example those pertaining to customer service matters, will be retained for legal and accounting purposes. If you have sent or posted content on the Service, we may not be able to delete it. Also, once we delete your account, you will no longer be able to play any Popsy games, and you will lose any points, rewards and coupons accumulated under your account.

 

  • If you wish to review or change the information Popsy has about you, e-mail us at the address provided herein.

 

  • You may change your e-mail preferences at any time, by visiting your e-mail preference page.

 

  • If you have additional questions about this Privacy Policy, contact us at privacy@popsyinteractive.com.

 

Opting out of Promotional Communications

 

You can choose to opt out of receiving additional promotional e-mails from Popsy by clicking on the "unsubscribe" link in any such e-mail, or visiting the e-mail preference page. Please note that once we receive your request, it may take an additional period of time for your opt-out to become effective. Your unsubscribe or e-mail preference change will be processed promptly, and in no event longer than 10 business days. You can opt out of receiving SMS messages by texting STOP to the number we send from for that particular SMS program. In some cases a preference management page will also be available under the "Help" menu of the game that is offering the SMS program. However, you may still receive promotional communications when you log into the Service, or through p-mail.

 

4. SECURITY OF YOUR INFORMATION

 

Popsy implements reasonable security measures to protect the security of your information both online and offline, and we are committed to the protection of customer information.

 

For user accounts, profile information is protected by the password each member uses to access their online account. It is important that you protect and maintain the security of your account and that you immediately notify us of any unauthorized use of your account. If you forget the password to your Popsy account, the website allows you to request that instructions be sent to you that explain how to reset your password. When you sign into your account, we encrypt the transmission of that information using secure socket layer technology ("SSL").

 

While we take reasonable precautions against possible security breaches of our websites and our customer databases and records, no website or Internet transmission is completely secure, and we cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. We urge you to take steps to keep your personal information safe (including your account password), and to log out of your account after use. If you have questions about the security of our websites, please contact us at privacy@popsyinteractive.com.

 

Unfortunately, the transmission of information over the Internet is not completely secure. Although we strive to protect your personal data, we cannot guarantee the security of your data while it is being transmitted to our site; any transmission is at your own risk. Once we have received your information, we have procedures and security features in place to try to prevent unauthorized access.

 

5. PRIVACY POLICIES OF LINKED SITES AND ADVERTISERS

 

Our websites and games may contain advertisements from companies other than Popsy with their own websites. We are not responsible for the privacy practices or the content of such websites. If you have any questions about how these other websites use your information, you should review their policies and contact them directly.

 

6. CHANGES TO OUR PRIVACY POLICY

 

If we decide to make material changes to our Privacy Policy, we will notify you and other users by placing a notice on Popsy.com or by sending you a notice to the e-mail address we have on file for you. We may supplement this process by placing notices in our games and on other Popsy websites. You should periodically check www.popsyinteractive.com and this privacy page for updates.

 

7. RIGHT TO ACCESS

 

Users in certain jurisdictions have a right to access personal information held about themselves. Your right of access can be exercised in accordance with applicable law. Please submit any requests for access to your personal data in writing to privacy@popsyinteractive.com.

 

8. CONTACT US

 

If you have any questions, comments or concerns regarding our Privacy Policy and/or practices, please send an e-mail to privacy@popsyinteractive.com. All other inquiries should be directed to Popsy's Support Page.

 

Popsy Interactive Incorporated

25 Newbridge Road, Suite 208

Hicksville, NY 11801