- TABLE OF CONTENTS
- What Is Personal Information And When Does Movga Collect It?
- What Is Non-Personal Information And When Does Movga Collect It?
- Information Provided to Movga By Third Parties.
- What Happens To The Information Movga Collects?
- How Does Movga Protect Your Personal Information
- Review, Correction of Your Information, Requesting Removal From Mailing Lists And Deactivating Your Account
- A Special Note About Children
- Public Information Including User Generated Content, Online Forums, Blogs And Profiles
- Third Party Sites
- Products Offered In Partnership With Third Party(s)
- Contact Information & Complaints Process
- Dispute Resolution By Binding Arbitration
- II. What Is Personal Information And When Does Movga Collect It?
Movga collects both personal and non-personal consumer information. Personal information collected by Movga is discussed below in this section. Non-personal information is discussed below in Section III.
information is information that identifies you and that can be used alone, to contact you on-line or off-line. Movga may collect personal information from our online visitors during:
- Contest registration and prize acceptance;
- Warranty registration and requests;
- Customer support and/or technical service requests;
- Player match up and other head-to-head online competitions;
- Registration for games and/or special game-specific events;
- Newsletter subscriptions, referral services, and other marketing surveys and email campaigns;
- Registration for original and/or other service accounts;
- Creation of a personal profile;
- Product, service and/or subscription orders;
- Service requests from third party service providers on our site;
- Access to our products and/or services on social networks or other third party services; and
- Otherwise through use of our software, mobile or online services where personal information is required for use and/or participation.Information collected will vary depending upon the activity and may include your name, email address, phone number, home address, birth date, mobile phone number and credit card information. Visitors to Movga Mobile may be asked to provide the name of their mobile service carrier, model of their mobile phone and a valid mobile number so that we may provide purchase instructions directly to their mobile phone. In that context, your mobile number will only be used to send you a text message with a link to download your game and will not be retained for any other purpose. Prizewinners may be required to provide their Social Security or other identification number for tax purposes, and will be used only for prize fulfillment.
- III. What Is Non-Personal Information and When Does Movga Collect It?
Non-personal information, alone, cannot be used to identify or contact you. Movga collects non-personal information about your use of our online and mobile products and services both on our website and in the course of game play and software usage (on PC, mobile and game system platforms).
We will retain your information for as long as your original account is active or as needed to provide you services. If you wish to cancel your original account or request that we no longer use your information， please contact our customer support for further information. There may be instances where we are legally required to retain your information.
- What Types of Non-Personal Information Does Movga Collect? When you use Movga online and mobile products and services, we may collect certain non-personally identifiable information for purposes including improving our products and services, troubleshooting bugs, providing services to you, facilitating the provision of software updates, dynamically served content and product support as well as communicating with you. The non-personal information collected may include demographic information including gender, age, zip code, information about your computer, hardware, software, platform, game system, media, mobile device, including unique device IDs or other device identifiers, incident data, Internet Protocol (IP) address, network Media Access Control (MAC) address and connection. We also collect other non-personal information such as username, user ID or persona, feature usage, game play statistics, scores and achievements, user rankings, time spent playing our games, and click paths as well as other data that you may provide in surveys, via your account preferences and online profiles such as friends lists or purchases, for instance. We may also receive information from third parties in connection with market and demographic studies and/or other data that we use to supplement personal information provided directly by you.
How Does Movga Collect Non-Personal Information?
- Clear GIFs And Tracking Pixels Clear GIFs (a.k.a. web bugs, beacons or tags) are small graphic images placed on a web page, web-based document, or in an email message. Clear GIFs are invisible to the user because they are typically very small (only 1-by-1 pixel) and the same color as the background of the web page, document or email message. We do not use clear GIFs to collect personal information about you. However, we may use clear GIFs to capture statistical usage information for our web pages, features or other elements on a web page. We correlate this information to a user to personalize user experience and for statistical analysis of user experiences on our web pages. We and third parties may also use 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.
- Internet Log Files Movga and other third parties also may maintain log files which contain IP addresses. An IP address is a numeric address that may be assigned to your computer by your Internet Service Provider. In general, we use log files to monitor traffic on our websites, to troubleshoot technical problems and authenticate users' entitlements to our products. In the event that user abuse of our websites, however, we may block certain IP addresses or game system IDs provided by our licensed hardware manufacturers. If available, IP addresses and game system IDs may be used in order to enforce our Terms of Service.
- Analytic Metrics Tools and Other Technologies Movga also uses its own proprietary analytic metrics tool and other third party analytics technologies to collect information when you use our online products and services and/or play our games on your PC and/or mobile device. These tools and technologies use server log files, web beacons, cookies, tracking pixels and other technologies to collect and analyze certain types of information, including cookies, IP addresses (including for purposes of determining your approximate geographic location), mobile or other hardware device ID or other device identifiers, browser types, browser language, information passed from your browser (if any), referring and exit pages, and URLs, platform type, click information, information about your media, peripheral hardware, software and/or applications installed on your machine and/or device, domain names and types, landing pages, pages viewed and the order of those pages, advertising conversion rates, the date and amount of time spent on particular pages, other Internet and website usage information, game state and the date and time of activity on our websites or games, information about how your game is used, including game metrics and statistics, feature usage and purchase history, as well as unique hardware identifiers such as MAC Address, mobile unique device ID (if applicable) and other similar information. The third party analytics companies who collect information on our sites and in the context of our online and mobile products and/or services may combine the information collected with other information they have independently collected from other websites and/or other online or mobile products and services relating to your activities across their network of websites as well as online and/or mobile products and services. Many of these companies collect and use information under their own privacy policies.
- Anti-Cheat and Fraud Prevention Technologies Movga strives to provide a safe and fair gaming environment to all players of its games. To prevent fraudulent activities and behaviors that may negatively affect the experiences of a player, Movga is authorized to use "anti-cheating" software, or applications for the prevention of fraud for our internet presence, during the use of our online products and/or services (including online games), and mobile platforms. At login to Movga online products and/or services, during the setup of an original account, and/or at the point of sale, Movga may collect data about your device in order to create a hash of machine components. Information collected for this purpose shall not be stored in retrievable form. Movga uses the collected information for the prevention of fraud, and for authentication purposes. Movga may consolidate the machine hash created for this purpose with your original account; data consolidated this way will not be shared with any other third party, and will be used exclusively for security, fraud prevention and authentication purposes by Movga.
- IV. Information Provided To Movga By Third Parties.
- V. What Happens To The Information Movga Collects?
- VI. How Does Movga Protect Your Personal Information?
- Movga understands the importance of keeping your information safe and secure. Movga will make commercially reasonable efforts to protect your personal information and ensure the security of our systems. When you enter sensitive financial information (such as a credit card number) on our order forms, we encrypt the transmission of that information using commercially reasonable methods. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. We cannot guarantee that your information will not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. We cannot assume responsibility or liability for unauthorized access to our servers and systems.
- VII. Review, Correction Of Your Information, Requesting Removal From Mailing Lists And Deactivating Your Account
- Should you be unable to log in or wish to have your account(s) deactivated, please contact our customer support team. We will be happy to review, update or remove information as appropriate. We may still retain your information in our files however, to resolve disputes, enforce our user agreement, and due to technical and legal requirements and constraints related to the security, integrity and operation of our websites. Some Movga sites or services may collect personal information that is not accessible via our site. However, in such cases, you may be able to access that information through alternative means of access described by the service or by writing to our customer support team and you will be contacted within 30 days regarding your request. If you've granted Movga access to your Facebook account information through a Movga application, you may request that Movga delete your Facebook information by contacting our customer support team and specifying the Facebook application used. Note that as a result of deleting your data associated with an application on Facebook, you will no longer have access to that application.
- VIII. A Special Note About Children
- IX. Public Information Including User Generated Content, Online Forums, Blogs And Profiles
- You may choose to disclose information about yourself in the course of contributing user generated content to Movga sites or games or in our online chat rooms, blogs, message boards, user "profiles" for public view or in similar forums on our sites and/or on third party sites. Information that you disclose in any of these forums is unencrypted, public information, may be accessed or recorded by Movga employees, and there is no expectation of privacy or confidentiality there. You should be aware that any personally identifiable information you submit in the course of these public activities can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to make public in any of these forums. Note also that in the ordinary course of Internet activity, certain information may be sent from your browser to third parties such as advertising networks and analytics companies. Movga has no control over the information sent from your browser to those networks or other third parties and recommends that you ensure that your browser settings prevent the disclosure of information you would not like to share. If you post a video, image or photo on one of our sites for public view you should be aware that these may be viewed, collected, copied and/or used by other users without your consent. We are not responsible for the videos, images or photos that you choose to submit to Movga's site. Please see our Terms of Service on this point and for other guidelines about posting content on our websites.
- X. Third Party Sites.
- XII. Contact Information & Complaints Process
- XIII. Dispute Resolution By Binding Arbitration
The purpose of this Section is to provide a streamlined method for resolution of disputes between us if they arise.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Most customer concerns can be resolved quickly and to your satisfaction by contacting our customer support team. In the unlikely event that Movga cannot resolve a concern to your satisfaction (or if Movga cannot resolve a concern it has with you after attempting to do so informally), then you and Movga agree to be bound by the following procedure to resolve any and all disputes between us. By accepting these terms, you and Movga expressly waive the right to a trial by jury or to participate in a class action. This agreement is intended to be interpreted broadly. This Section covers any and all disputes between us ("Disputes"), including without limitation:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
- claims that arose before this Agreement or any prior agreement (including, but not limited to, claims relating to advertising);
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- claims that may arise after the termination of this Agreement. The only disputes that are not covered by this Section are the following:
- a claim to enforce or protect, or concerning the validity of, any of your or Movga's (or any of Movga's licensors') intellectual property rights;
- a claim related to, or arising from, allegations of theft, piracy, or unauthorized use;
- In addition, nothing in this Section shall prevent either party from initiating a small claims court action.References to "Movga," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or Software under this or prior Agreements between us. This arbitration provision shall survive termination of these Terms of Service.
- Informal Negotiations/Notice of Dispute. You and Movga agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon receipt of written notice from one person to the other ("Notice of Dispute"). Notices of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought ("Demand"). Movga will send its Notice of Dispute to your billing address (if you provided it to us) or to the email address you provided to us. You will send your Notice of Dispute to: firstname.lastname@example.org.
- Binding Arbitration. If you and Movga are unable to resolve a Dispute through informal negotiations within 30 days after receipt of the Notice of Dispute, either you or Movga may elect to have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT BY THIS PROVISION, YOU AND MOVGA ARE FOREGOING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the CIETAC Arbitration Rules (CIETAC Rules), which are available at the CIETAC website www.cietac.org.cn. The CIETAC Rules shall govern your arbitration fees and your share of arbitrator compensation. If such costs are determined by the arbitrator to be excessive, or if you send Movga a notice to the Notice of Dispute address above indicating that you are unable to pay the fees required to initiate arbitration, then Movga will promptly pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, and shall provide a statement of reasons if requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. You and Movga may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
- Restrictions. You and Movga agree that any arbitration shall be limited to the Dispute between Movga and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class action-basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AND MOVGA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Movga agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
- Changes to This Provision. Notwithstanding any provision in this Agreement to the contrary, we agree that if Movga makes any future change to this arbitration provision (other than a change to the Notice Address), you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.