PRIVACY POLICY

Updated: January 24, 2019

General Information

OogaGame, the California Corporation (“OogaGame”, “we”, “us”, “our”) is the owner of the website Eyegamer.com ("Website"). We created this privacy policy (“Privacy Policy”) to explain how we treat, collect, use, maintain and disclose your personal information collected and received from your visiting our Website as defined further or from your use of our products and services as defined in our Terms of Use  (“Terms”) provided through Eyegamer.com and any other websites (Website), or applications or software we own, operate, control ("Services"), or third parties websites, services and platforms we use such as Facebook, Youtube, Instagram, Shopify etc. Terms not defined herein have the meanings set forth in the Terms. Third parties websites`, services` and platforms` collection, use, and disclosure of your personal data will be subject to their own privacy policies, and not this Privacy Policy.

Please read this Privacy Policy as well as our Terms carefully. If you do not agree to this Privacy Policy, please stop visiting our Website and/or using our Services.

If required by applicable law, we will seek your explicit consent to process you personal information collected on this Website or volunteered by you. Kindly note that any consent will be entirely voluntary. However, if you do not grant the requested consent to the processing of your personal data, the use of Website and Services may not be possible.

You may revoke your consent to process your personal data any time by email to our Data Protection Officer at privacy@eyegamer.com

OogaGame, the California Corporation is the data controller of your personal data. Please see the “Contact Information” section below for additional details.

Visiting the Website

By visiting our Website you acknowledge and consent that we may collect, use, record, analyse, disclose and retain your personal data in accordance with this Privacy Policy, Cookies Policy and as permitted or required by law. If you do not agree with these Privacy Policy, then please immediately stop visiting the Website and/or use our Services.

We may record your IP address, use cookies, gathers data about visits to the Website(s) and use of Services, including numbers of visitors and visits, geo-location data, length of time spent on the site, pages clicked on or where visitors have come, as defined below in section “Cookies and Analytics Information”.

Purpose of processing personal data of a visitor

We use the collected data to communicate with visitors, to customize content for visitors, to show ads on other websites to visitors, and to improve our Website and Services by analyzing how visitors navigate.

We may also share such information with service vendors or contractors in order to provide a requested service or transaction or in order to analyze the visitor behavior on the Website and Services.

Using Our Website and Services

Please be acknowledged that your agreement with this Privacy Policy means that you consent to use our Website and Services and/or submit any information to us, understanding that we may collect, use, disclose and retain such information in accordance with this Privacy Policy, and as permitted or required by law. If you do not agree with these Privacy Policy, then please do not provide any information to us and do not use our Website and/or Services.

What Information We Collect

Information You Provide Us

We collect information that you provide directly to us. In general, we collect information from you through:

  • Visiting our Website and/or using any of our Services
  • Making a purchase from us, including purchase of our games and other products, or Services through the Website
  • Signing up for email subscription
  • Uploading or posting to public forums or sending in chats we may use on our Website, such as Intercom, or Drift, or Livechat, included through the Services or our groups or pages at Social Medias
  • Submitting requests or questions to us via forms or emails
  • Sending us any photos
  • Requesting customer support and technical assistance

The types of data we may collect directly from you include:

  • Name, address, telephone number, IP and email address
  • Information about purchases or other transactions with us, such as your billing address. Please note, however, that we do not collect, store, or transmit financial account information. Instead, we use a third-party payment processor such as Shopify Payments  to process your payments
  • Information about your customer service and maintenance interactions with us
  • Photo and/or scan of your student ID including data shown on the ID and your photo
  • Your social-media profile public information that we may see when you use live chat in our Website or interact with us in social networks
  • User-generated content you upload or post to public forums through the Services including third parties platforms and Social Medias or send by other channels directly to us, or personal photos or videos you have shared with public or us
  • Information needed in order to comply with any procedures, laws, and regulations which apply to us where it is necessary for our legitimate interests or the legitimate interests of others
  • Information from third parties about you in connection with any referral programs we may offer
  • Any other information you voluntarily choose to directly provide to us in connection with your use of the Website, products or Services

Information We Collect Through Automated Means

Cookies and Analytics Information

When you visit our Website and/or use our Services, we and our service providers (which are third party companies that work on our behalf) may use cookies, and similar technologies to track, collect and aggregate certain information including, among other things, which pages of our Website were visited, the order in which they were visited, when they were visited, the URLs from which you linked to our Website(s), and which hyperlinks were “clicked.” Collecting such information may involve logging the IP address, operating system and browser software used by each user of the Website. Through such information, we may be able to determine from an IP address a user’s Internet Service Provider and the general geographic location (city/state) of his or her point of connectivity.

We also use or may use these technologies to help us determine and identify repeat visitors, the type of content and sites to which a user of our Website links, the length of time each user spends at any particular area of our Website, and the specific functionalities that users choose to use.

We use third-party web analytics services (such as those of Google Analytics or Mixpanel) on our Website to collect and analyze usage information through cookies and similar tools; engage in auditing, research, or reporting; assist with fraud prevention; and provide certain features to you. We may also use third-party services, as a medium for communications, either through email, or through messages within our Services. The use of these any such medium may be subject to the terms and conditions and privacy policy for those service providers and you should carefully review those terms and conditions. If you would like to opt out of having this information collected by or submitted to such third parties or have questions about other third-party service provider’s collection of your information for this purpose, please contact us. For more information about our use of cookies and similar technologies, including how you can install the Google Analytics Opt-out Browser Add-on to prevent Google from using your information for analytics, or otherwise control or disable cookies, please see our Cookies Policy.

Online Advertising

We may allow third party companies, including advertising companies (such as Facebook, Google), to place cookies on our website. These cookies enable such companies to track your activity across various sites where they display ads and record your activities so they can show ads that they consider relevant to you as you browse the Internet. These Cookies store information about the content you are browsing together with an identifier linked to your device or IP address.

These Cookies also allow us and third parties to know whether you've seen an ad or a type of ad, and how long it has been since you've last seen it. This information is used for frequency capping purposes, to help tailor the ads you see, and to measure the effectiveness of ads. For more information about online advertising and how you can control or disable these cookies, please see our Cookies Policy.

How We Use The Information We Collect

We use your information for various purposes depending on the types of information we have collected from and about you and the specific services you use, in order to:

  • Send you information in connection with our products and Services
  • Respond to your communications and requests either as a technical support or subject to your using of our products and Services
  • Provide products and Services to you
  • Contact you by email, postal mail regarding products and services, surveys, research studies, promotions, special events and other subjects that we think may be of interest to you
  • Customize the content we provide through the Services
  • Help us better understand your interests and needs, and improve the products and Services
  • Engage in analysis, research, and reports regarding use of the products and Services
  • Secure the Services
  • Comply with any procedures, laws, and regulations which apply to us where it is necessary for our legitimate interests or the legitimate interests of others
  • Establish, exercise, or defend our legal rights where it is necessary for our legitimate interests or the legitimate interests of others

Combined Information

For the purposes discussed in this Privacy Policy, we may combine the information that we collect through the Services with information that we receive from other sources, both online and offline, and use such combined information in accordance with this Privacy Policy.

Aggregate/Anonymous Data 

We may aggregate and/or anonymize any information collected through the Website so that such information can no longer be linked to you or your device (“Aggregate/Anonymous Information”). We may use Aggregate/Anonymous Information for any purpose, including without limitation for research and marketing purposes, statistical analyses of Website usage, and may also share such data with any third parties, including advertisers, promotional partners, and sponsors.

How We Share and Disclose Your Information

OogaGame will share your information in the following ways:

  • Service Providers. We provide access to or share your information with operations and maintenance contractors and other third parties who perform services on our behalf. They have access to perform these services but are prohibited from using your information for other purposes. They provide a variety of services to us, including billing, sales, marketing, test proctoring, product content and features, advertising, analytics, research, customer service, data storage, security, fraud prevention, payment processing, and legal services.
    Please be aware that we have necessary data processing agreements with data processors providing sufficient guarantees to implement appropriate technical and organizational privacy measures meeting GDPR requirement and with them.
  • Business Partners. With your consent, we may share information that can be used to directly contact you with third party business partners, such as companies that may be offering products or services or other opportunities that may be of interest to you.
  • Protection of OogaGame and Others. By using the Website and/or Services, you acknowledge and agree that we may access, retain and disclose the information we collect and maintain about you if required to do so by law or in a good faith belief that such access, retention or disclosure is reasonably necessary to: (a) comply with legal process (e.g. a subpoena or court order) or law; (b) enforce our Terms of Use, this Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; and/or (e) protect the rights, property or personal safety of OogaGame its agents and affiliates, its users and/or the public. This includes exchanging information with other companies and organizations for fraud protection, compliance with applicable law, and spam/malware prevention, and similar purposes.
  • Related Entities and Affiliates. We may share information with our affiliated companies that are under the common ownership or control of OogaGame.
  • Business Transfers. As we continue to develop our business, we may buy, merge, or partner with other companies. In such transactions, (including in contemplation of such transactions) user information may be among the transferred assets. If a portion or all of OogaGame`s assets are sold or transferred to a third-party, customer information (including your email address) would likely be one of the transferred business assets. If such transfer is subject to additional mandatory restrictions under applicable laws, OogaGame will comply with such restrictions.
  • Aggregate/Anonymous Information. From time to time, OogaGame may share Aggregate/Anonymous Information about use of the Services and/or Website, such as, but not limited to, publishing a report on usage trends or survey results, as well demographic information provided to us by our visitors. The sharing of such data is unrestricted.

Data Subject Rights and Your Choices

You may have certain rights with respect to your information as further described in this section.

Your Rights In Respect Of Our Processing Of Your Personal Data

If you would like further information in relation to your legal rights under applicable law or would like to exercise any of them, please contact us using the information in the Contact Information section below at any time. Your local laws, such as in the European Union`s GDPR, may permit you to request that we:

  • provide access to and/or a copy of certain information we hold about you
  • prevent the processing of your information for direct-marketing purposes (including any direct marketing processing based on profiling)
  • update information which is out of date or incorrect
  • delete certain information which we are holding about you
  • restrict the way that we process and disclose certain of your information
  • transfer your information to a third-party provider of services
  • revoke your consent for the processing of your information

We will consider all requests and provide our response within the time period stated by applicable law. Please note, however, that certain information may be exempt from such requests in some circumstances, which may include if we need to keep processing your information for our legitimate interests or to comply with a legal obligation.

To the extent that you make such a request, we require certain information to help verify your request and prevent fraudulent information and removal requests. Specifically, we ask that you provide the following pieces of information:

  1. Name and email address;
  2. Information you want to view and/or request removed;
  3. Country of residence; and
  4. A statement under penalty of perjury that all information in your request is truthful and that this is your User Account or that you have the authorization to make the request on behalf of the owner of the User Account.

Depending on the circumstances and the information you request, we may require additional methods of verification in our discretion.

Marketing Communications

You may instruct us not to use your contact information to contact you by email, postal mail, or phone regarding products, services, promotions and special events that might appeal to your interests by contacting us using the information below. In commercial email messages, you can also opt out by following the instructions located at the bottom of such emails. Please note that, regardless of your request, we may still use and share certain information as permitted by this Privacy Policy or as required by applicable law. For example, you may not opt out of certain operational emails, such as those reflecting our relationship or transactions with you.

Retention and Deletion of Your Information

We keep your personal information for no longer than necessary for the purposes for which it is processed. The length of time for which we retain information depends on the purposes for which we collected and use it and/or as required to comply with applicable laws.

For example, we do not retain and do delete photos and/or scans of your student ID immediately after we will make sure that you are a formal student and we are able to apply a relevant discount you asked for; all your information that is being collected through third-party web analytics services (such as Facebook or Google or Mixpanel) is retained during the term stipulated by privacy policy of such third-party services; all the profile data you gave us access to through third-party services such as Intercom, Drift, or Livechatare available for us during the term of existence of such access and/or profile itself according to terms and conditions of relevant third-party services.    

You can send us the request to delete your personal data any time to the privacy@eyegamer.com

Third Party Links and Features

The Services may contain links to third-party websites such as social media sites, and also may contain third-party integrations (such as the Facebook “like” button) and functionalities. If you choose to use these sites or features, you may disclose your information not just to those third-parties, but also to their users and the public more generally depending on how their services function. OogaGamel is not responsible for the content or practices of those websites or services. The collection, use, and disclosure of your information will be subject to the privacy policies of the third-party websites or services, and not this Privacy Policy. We urge you to read the privacy and security policies of these third-parties.

From time to time you personally or we may share to public in social media websites some information related to you using our Services or products, consequently your profile details in appropriate social media post may also be shared to the public according to terms of use and privacy policies of such websites.

If you do not want your personal information be mentioned in our social media posts please contact us and we will immediately remove it.

You also acknowledge that information you share to public through social medias may remain accessible on third party websites and/or to those you or we have shared the information with and that OogaGame has no control over the access of or use of information provided to third parties via social medias outside.

Children's Privacy

Our Website and Services are intended for general audiences and not for children under the age of 16. If we become aware that we have inadvertently collected “personal information” (as defined by the United States Children’s Online Privacy Protection Act) from children under the age of 16 without legally-valid parental consent, we will take reasonable steps to delete it as soon as possible. We also comply with other age restrictions and requirements in accordance with applicable local laws.

International Users

OogaGame stores information about visitors to our Website and users of Services on servers located in the United States of America. By using our Services, you consent to the storage of your information inside the United States of America. If you are using the services from outside the United States and the European Union, please know the information you submit will be transferred to and stored in servers in the United States of America or other countries. The data protection and other laws of the United States and/or other countries might not be as comprehensive as those in your country. By submitting your data and/or using our services, you acknowledge the transfer, storing, and processing of your information in and to the United States of America.

As described above, OogaGame also may subcontract the processing of your data to, or otherwise share your data with, service providers and others in countries other than your country of residence, including the United States, in accordance with applicable law. Such third parties may be engaged in, among other things, the provision of services to you, the processing of transactions and/or the provision of support services. By providing us with your information, you acknowledge any such transfer, storage or use.

If we provide any information about you to any such non-European Union entities, we will take appropriate measures to ensure such companies protect your information adequately in accordance with this Privacy Policy. These measures include signing Standard Contractual Clauses or signing or accepting Data Processing Agreement in accordance with European Union and other data protection laws to govern the transfers of such data. For more information about these transfer mechanisms, please contact us as detailed in the “Contact Information” section below.

How We Protect Your Information

We consider the confidentiality and security of your information to be of the utmost importance. OogaGame takes a variety of technical, administrative, and physical measures to protect your information from disclosure to or access by third parties. Please note that we do not guarantee the whole security of information, as no method of internet transmission or storage is completely secure. Also note that we may retain and store your information in our databases and systems even after your account is deactivated as long as we have a legitimate purpose to do so and in accordance with applicable law.

Changes To Our Privacy Policy

Please note that we review our privacy practices from time to time, and that these practices are subject to change. Any change, update, or modification will be effective immediately upon posting on our Website. You can know if the Privacy Policy has changed since the last time you reviewed it by checking the “Updated” included at the beginning of the document. If we make a material change to the Policy, you will be provided with appropriate notice in accordance with legal requirements. By continuing to use the Services and visit the Website, you are confirming that you have read and understood the latest version of this Privacy Policy. Be sure to return to this page periodically to ensure familiarity with the most current version of this Privacy Policy.

OogaGame Information

If you have any questions, requests, comments or complaints about this Privacy Policy, please contact us:

Email: privacy@eyegamer.com
OogaGame, the California Corporation.
Attn: Data Protection Officer Ivan Holiakov
Address: 42120 Calabria Drive, Temecula,
California 92591, USA