Arkadium CCPA Privacy Notice

PRIVACY NOTICE – CALIFORNIA

This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS (“California Privacy Notice”) supplements the information contained in the general  Privacy Policy (“Privacy Policy”) of Arkadium, Inc. (“Arkadium”) and its subsidiaries and applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”), in connection with information collected by Arkadium through our arena gaming platform (the “Service“), Arkadium games or mobile apps that you download, and the various sites on which such Services are provided, whether located on a wholly-owned website or on a third-party publisher site (the “Sites”). We adopt this supplemental notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws. Any terms defined in the CCPA have the same meaning when used in this notice.

INFORMATION WE COLLECT

We collect the following categories of personal information that may identify, relate to, describe, reference, be capable of being associated with, or reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). Specifically, we have collected the following categories of personal information from some consumers within the last twelve (12) months:

• Category A – Identifiers

  Examples: Name, alias, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.

• Category B – Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))

  Examples: Name, alias, address (city, state, and/or country), telephone number.

• Category C – Protected classification characteristics under California or federal law

  Examples: Age, birth date, gender

• Category D – Commercial Information

  Examples: Records of products or Services downloaded or purchased

• Category F – Internet or other similar network activity

  Examples: Consumers’ interactions with websites or applications, browsing history, device information; information provided through cookies, or web logs

• Category G – Geolocation data

  Examples: Your physical location at the time you register, or when you interact with the Services

• Examples: Game preferences based on users’ game activities

  Category K – Inferences drawn from other personal information

We obtain the categories of personal information listed above from the following categories of sources:

• Directly from you. For example, through information we ask from you when you subscribe to or engage our Services.
• From social networks. For example, you may share certain personal information from your social network account (e.g. Facebook), such as your name, nickname/alias, age, email address, or other information, when you connect your social media account to our Services. The specific information transferred depends on your security settings and the privacy policy of your social media network.
• Directly and indirectly from your activity when you use our Services or visit a Site. For example, usage details collected automatically in the course of your interaction with our platform or website, or from our games played on Sites that you visit.
• From Service Providers, partners or third-parties that interact with us in connection with the Services.

USE OF PERSONAL INFORMATION

We may use the personal information we collect for one or more of the following business purposes:

• To create your account and post your scores on the leaderboard;
• To respond to requests you may make of us; including requests regarding technical support or other inquiries;
• To prevent fraud or potentially illegal activities, resolve disputes, and enforce our Terms of Service;
• To solicit input and feedback to improve our products and services and to customize your user experience;
• We may also send promotional e-mail messages (“Promotional Communications”), directly or in partnership with parties other than Arkadium, to communicate about new and current games and to inform users about new products; and
• Information about your use of Services or Sites (“Usage Information”) may be included in databases owned and maintained by Arkadium or its agents. Arkadium retains all rights to these databases and the information contained in them. For example, anonymized Usage Information is used to better understand users’ needs, how we can improve our websites, products and services, to analyze trends and user traffic and gather statistical information, and to administer games and improve game play.
• For testing, research, analysis and product development.
• As necessary or appropriate to protect the rights, property or safety of us, our clients or others.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

SHARING PERSONAL INFORMATION

We may disclose your personal information to a partner, service provider or third-party for a business purpose, as described further in our Privacy Policy. When we disclose personal information for a business purpose, we enter into a contract that describes the purpose and requires the recipient to keep that personal information confidential and secure, and not use it for any purpose except to perform its obligations under the contract.

In the last twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

• Category A: Identifiers.
• Category B: California Customer Records personal information categories.
• Category C: Protected classification characteristics under California or federal law.
• Category D: Commercial information.
• Category F: Internet or other similar network activity.
• Category G: Geolocation data.
• Category K: Inferences drawn from other personal information.

We may from time to time disclose your personal information for a business purpose to the following categories of third parties upon their request:

• Service providers, to enable them to provide their services (e.g., PayPal, for payment services)
• Third party partners or service providers to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you.

In the last twelve (12) months, we have not sold (as understood in common usage) any personal information such as names, addresses, telephone numbers or e-mail addresses.

We may have shared aggregated and/or anonymized information regarding Your usage of our Services with third parties to help us develop and improve the Services and provide our customers with more relevant content and service offerings, as detailed in our Customer agreements.

As described in our Privacy Policy, when allowed by you, we may use and share your personal information with service providers and partners for services that they provide to us. Some partners may also use this information for their own purposes. The transfer of your information to such partners may be considered a “sale” under the CCPA, and in the last twelve (12) months we may have sold information for some consumers under the CCPA’s definition of “sale.” Information on how you can opt out of sharing your information with these partners for purposes beyond services they provide us is provided below.

YOUR RIGHTS AND CHOICES

The CCPA provides California residents with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose to you (i) the categories of personal information we collected about you and the categories of sources from which we collected such information; (ii) the specific pieces of personal information we collected about you; (iii) the business or commercial purpose for collecting personal information about you; and (iv) the categories of personal information about you that we shared or disclosed and the categories of third parties with whom we shared or to whom we disclosed such information in the last 12 months.
Once we receive and confirm your verifiable consumer request, we will disclose to you the information referenced in this subsection.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

• Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

• Calling us at
• Emailing
• Visiting our CCPA request page

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to the email address associated with that account. If you do not have an account with us, we will deliver our written response by mail or to an email address that you provide us, at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

CHANGES TO OUR PRIVACY NOTICE

We reserve the right to amend this California Privacy Notice at our discretion and at any time. When we make changes to this California Privacy Notice, we will notify you by email or through a notice on our website homepage.

CONTACT INFORMATION

If you have any questions or comments about this California Privacy Notice, our Privacy Policy, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Phone:
Website: arkadium.com
Email:
Postal Address: Arkadium, Inc., 40 West 25th St, 4th Floor, New York, NY 10010, Attn: Data Privacy Officer, Legal Department.

Updated: January 8, 2020