Privacy Policy

Vesey Studios, LLC
300 Vesey Street
New York, New York 10282
Email [e-mail] 

Last updated: June 2, 2020

Vesey Studios, LLC (“Vesey Studios,” “we,” “our” or “us”) provides the following Privacy Policy ("Policy"), which sets forth our practices related to collecting, using, and disclosing information that is personally-identifiable to a user (“PII”), as well as information that is not personally-identifiable (“non-PII”) to a user.  For purposes of this Policy, PII and non-PII will be referred to collectively as “Information.” 

By accessing and using one of our mobile games (the “Game”) that we own and operate. We may collect basic data such as your name, email address, date of birth, and location. You understand and agree to our collection, use, and disclosure of your Information.  If you do not understand and agree to how we collect and handle Information, please do not download, use our Games. 

NOTICE OF COLLECTION OF PERSONAL INFORMATION

This Policy provides notice to users, including those who are California residents and fall within the definition of “consumers” as provided for in the California Consumer Privacy Act of 2018 (“CCPA”), that we collect Personal Information (as defined in the CCPA).  As required by the CCPA, the following sections of the Policy also details the categories and sources of Personal Information collected and the business and commercial purposes for use of the collected Personal Information and third parties with whom we may share Personal Information.  We also include a description of rights afforded to California consumers at “RIGHTS OF CALIFORNIA USERS WITH REGARD TO THEIR PERSONAL INFORMATION.”

TYPES/CATEGORIES OF INFORMATION WE MAY COLLECT REGARDING USERS

Here are the types and categories of Information that we may collect regarding users (see below for additional descriptions of the categories of Information collected that are provided to California residents):

• Information that could reasonably identify a user, such as name, email address, date of birth and gender;
• Information collected from our web server log files, including device type(s), browser user agent, Device ID and IP address(es); and
• Information collected from our customer support department and fulfillment vendors, including customer support inquiries, claims and emails and, as needed, proof of identification and promotion completion.

HOW WE COLLECT INFORMATION - SOURCES

Here are ways we collect Information from and about users (see below for additional descriptions of the methods of Information collection that are provided to California residents):

• Registration forms;
• Emails and other contacts received from users as part of customer service
• Information collected from our web server log files.

HOW WE MAY USE INFORMATION

We may use Information in many ways and for many purposes including the following (see below for additional descriptions of Information uses that are provided to California residents):

• For operations, content improvements, testing, research, analysis and product development;
• To provide users with customer service and to respond to inquiries from users;
• To carry out our obligations and enforce our rights arising from any contracts entered into between users and us, including for purposes of our Arbitration Agreement;
• To detect, investigate and respond to any fraudulent or malicious activity or any other activity we determine is or may be a violation of our Terms, Policy, existing laws, rules and regulations;
• As necessary or appropriate to protect our rights, property or safety and that our clients, advertisers, service providers and others;
• As described to you when collecting Information or as otherwise set forth in any applicable consumer protection, state or federal privacy, or data security laws;
• To augment Information by enhancing it with other data sources provided by third parties to enable us, for example, to verify Information or gain deeper insights into our users;
• If we are sold, merge with a third party, are acquired or are the subject of bankruptcy proceedings, your Information may be shared with the applicable third party(ies); if we are involved in one of these transactions, users will be notified via email or a Policy update on the Game of any change in ownership or uses of your Information, as well as any choices that you may have regarding your Information; and
• To respond to subpoenas, court orders or legal process, or to establish or exercise our legal rights or defend against legal claims or when we determine it is necessary to comply with applicable laws or regulations. 

HOW WE MAY DISCLOSE INFORMATION

We may share Information that we have about users in many ways and for many purposes, for which we may be compensated, including the following (see below for a description of the augmented rights that California residents have with respect to opting-out of the sale of their Information):

• With our vendors that assist us with delivery of email messaging and push notifications, that are transactional in nature;
• To enable customer service vendors to perform their respective tasks
• To enable our Information verification and fraud detection vendors to perform contracted for services.

When we share Information, we enter into agreements that describe the purpose for which the Information is shared, restrict its use to the agreement’s specified purpose and require that all Information remain confidential, and be protected from unauthorized disclosure.

MINORS

The Websites are designed to comply with the Children's Online Privacy Protection Act (“COPPA”).  COPPA requires that website operators not knowingly collect PII from anyone under the age of 13 without prior verifiable parental consent.  In compliance with COPPA, we do not knowingly collect or retain information from the App from children under the age of 18. 

ACCESSING, CORRECTING AND DELETING YOUR INFORMATION

We may use Information provided by users for the purposes disclosed in this Policy until a user requests that their Information be modified, deleted or corrected. All users who provide their Information to us may request that we modify, delete and/or correct their Information by contacting us here (see below for a description of the augmented rights with respect to accessing and deleting Information that are provided to California residents).  We will respond to your request within forty-five (45) days.  If you request deletion of your Information, please note that your Information will be suppressed from further use as described in this Policy.  However, we will retain and may use your Information as necessary to comply with our policies including legal obligations, dispute resolution and enforcement of our agreements.

We ask individual users to identify themselves and the Information requested to be accessed, corrected or deleted (suppressed) before processing such requests and, to the extent permitted by applicable law, we may decline to process requests that we are unable to verify, are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others or would be extremely impractical (for instance, requests concerning Information residing on archive servers).   

SECURITY OF YOUR INFORMATION

We use commercially reasonable efforts to prevent unauthorized access or disclosure, or accidental loss or destruction of your Information.  Access to your Information is strictly limited and we take reasonable measures to ensure that your Information is not accessible to the public.  We restrict access to our users’ Information to only those persons who need access to perform or provide their job or service, both internally and with our third-party service providers.

Given the nature of the Internet, your Information passes through entities that we are unable to control.  Therefore, we cannot guarantee that our security measures or those of third parties who access or transmit your Information will prevent your Information from being improperly accessed, stolen or altered. In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies if we learn of an information security breach of your Information.  You will be notified via e-mail in the event of such a breach.  Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.

CALIFORNIA NOTICE REGARDING CATEGORIES, SOURCES AND BUSINESS AND COMMERCIAL USES OF INFORMATION

The following chart contains the categories of information, as enumerated in CCPA Sec. 1798.140(o), of Information we collect, use, and disclose, the sources of the Information and our business and commercial uses of such Information:

Category	Category Name/Description	1. Sources	2. Business Use	3. Commercial Use
A	Identifiers - name, email and IP address	User provided on registration, customer service inquiries and claim forms; related and 3rd party sources to verify user supplied information	Operational purposes including customer service; fraud & security incidence detection; website improvement	None
B	Protected classification characteristics under California or federal law – Age and sex	Same as 1. A	Same as 2. A	Same as 3. A

RIGHTS OF CALIFORNIA USERS WITH REGARD TO THEIR INFORMATION

California users have several rights regarding the collection, use, disclosure and sale of their Personal Information under the CCPA.  One of these rights, notice of collection of Personal Information, is described above; the balance of these rights is described below and include the following rights:

• Disclosure of Personal Information collected and sold
• Opt-out from the sale of Personal Information
• Deletion of Personal Information
• Access and portability of Personal Information collected
• Non-discrimination

Disclosure of Personal Information Collected and Sold.  Because we do not sell any of your Personal Information, our disclosure obligations are limited to Personal Information collected about a user. Once we receive and confirm your verifiable consumer request, we will disclose to you for the 12 months prior to your request:

• The categories and sources of Personal Information collected;
• The specific pieces of Personal Information collected; and
• If we disclosed your Personal Information for a business purpose, we will disclose the Personal Information categories for each category disclosed and the categories of third parties to whom the Personal Information was disclosed.

Right to Opt-Out.  Users have the right to opt-out from the sale of their Personal Information.  In general, websites that sell Personal Information are required to provide a “Do Not Sell My Personal Info” link on each Website page where Personal Information is collected. Because we do not sell your Personal Information, we don’t provide the opt-out link described above.

Deletion of Information.   You have the right to request that we delete any of your Personal Information that we collected from you, subject to certain exceptions.  Once we receive and confirm your verifiable consumer request using the process set forth below, we will delete or deidentify (and direct our service providers, vendors and other applicable third parties to delete) your Personal Information from our system other than from our archive servers (which we maintain for compliance purposes), unless there is an applicable exception. 

We may decline to process your deletion request if the Personal Information is necessary for us or our service providers, vendors or other applicable third parties for a number of reasons.  The following are some of the reasons we may decline your deletion request:  

1. Complete the transaction for which we collected the Personal Information or provide the goods or services you requested;
2. Detect security incidents, protect, investigate and respond to malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
3. Identify and correct errors that negatively impact intended functionality; and
4. Comply with a legal obligation, including Federal and/or State tax liability and reporting.

If we do not comply with a deletion request, we will provide the grounds for our denial.

Access and Portability.  California users have the right to access the Personal Information we have collected about them in the previous twelve (12) months.  Upon receipt of verified consumer request, we will provide the information in a readily usable format.  You cannot request access more than twice in any 12-month period. 

Nondiscrimination.  We are committed not to discriminate against California users who exercise their CCPA rights.  As such, unless otherwise permitted by the CCPA, we will not deny,  charge you different prices or rates, or provide a different quality level of  goods or services, including through granting discounts or other benefits, or imposing penalties, and/or suggest that you may receive a different price, rate, or quality level of goods or services.  While we do not provide financial incentives for users who do not exercise their CCPA rights, please note that some of the functionality of the Vesey Studios app may be unavailable if consumers exercise their rights to have their personal information deleted.

Exercising Your Rights, Verification and Timing.  To exercise your CCPA rights, click on the here link or email us here. To prevent an unauthorized third party from accessing or making decisions regarding a user’s Personal Information, we verify all requests to exercise these rights (a verifiable consumer request). We do not charge a fee to process or respond to a verifiable consumer request unless it is excessive, repetitive, unfounded or abusive. 

In general, we will verify a request by matching the identifying information supplied by the user with the Personal Information we already have for the user.  If we cannot verify the user using the foregoing method, we may request additional information which we will not retain or use for any other purpose.

For all verifiable consumer requests, we strive to respond within forty-five (45) days of receipt.  If we require additional time, which can be up to ninety (90) days in the aggregate, we will provide written notice.  Any disclosures we provide will cover only the 12-month period preceding the verifiable consumer request’s receipt and will be delivered electronically in a secure fashion.  If, for some reason, we cannot fulfill or comply with your request, our response will explain that decision.

Authorized Agent.  The CCPA enables California users to appoint an authorized agent to act on their behalf to submit disclosure requests and or deletion requests under the CCPA.  The authorized agent must register with the California Secretary of State.  We will honor a request from an authorized agent provided you provide written authorization to the authorized agent to act on your behalf and we can verify your identity and the agent submits proof of authorization. 

CALIFORNIA ONLINE PRIVACY PROTECTION ACT

Shine the Light Rights. In addition to the CCPA-mandated disclosures described above, the California Online Privacy Protect Act (“CalOPPA”) contains a Shine the Light section that permits users who are California residents to request information regarding our disclosure of their Information to third parties, including the categories of Information shared and a list of the names and addresses of third parties with whom the Information was shared.  If you are a California resident and would like to exercise your rights under the Shine the Light provision, please submit a request by emailing us at here. In your request, please specify that you want to exercise your rights to disclosure under the Shine the Light provision please specify the mobile application that you visited and the email address you registered with.  Please allow thirty (30) days for a response.

CHANGES TO THIS POLICY

We reserve the right to revise and update this Policy at any time.  If we make material changes to this Policy, we will post the updated Policy on our website and provide a link to the updated Policy in the Game.   Any such revisions will be effective thirty (30) days after linking the new Policy to the Game and will apply to all Information collected by us both before and following the effective date.  If we expand the way we use Information, we will notify users by: (a) sending the modified Policy to our users via email or (b) by any other reasonable means acceptable under applicable state and federal law.  You will have a choice as to whether we use your Information in this different manner and we will only use your Information in this way where you opt-in to such use.  Users should periodically access this Policy to review our current policies regarding the collection and use of Information. 

QUESTIONS, SUGGESTIONS, OR TO CONTACT US

If you have any questions, comments, complaints, or suggestions regarding this Policy or the Game, please contact us here.