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1. INTRODUCTION
Making Fun, Inc. (“Making Fun”, “us” or “we”) is a publisher and developer of video games for phones, tablets, websites, and personal computers. We offer a website at MakingFun.com, websites for each of our games that are linked from MakingFun.com, and games published on a variety of platforms, by or on behalf of Making Fun, including when they are accessed via the Internet, mobile, PC, or other device (collectively, the “Service”). Making Fun is based in the United States.
As set forth in our Terms of Services, which contains the terms for your use of the Service, the Service is intended for general audiences, is not targeted to children, and does not knowingly collect personal information from children under 13 years of age. If you believe that we might have any data from or about a child under the age of 13, please contact us.
This Privacy Policy applies to all users of the Service (“user”, “player”, “you”, “your”). It describes the collection and use of your personal information on the Service. It also describes generally Making Fun’s practices for handling non-personally identifiable information (e.g., interests, demographics and Service usage) to the extent such information is associated with a particular user or user account.
2. SUBMISSION AND COLLECTION OF INFORMATION ON MAKING FUN SERVICES
User Submitted Information
Third-Party Account Information. When you access the Service through a third-party connection or log-in, such as Steam, Facebook, Big Fish Games or Kongregate (each a “Channel”), we may collect your user ID, user name, country, preferred language, list of friends on that Channel, and other information relevant to operating our Service that the Channel shares with games on their service, subject to the privacy policy and terms of that Channel.
Email Address. If email address is not included in such information, we may ask you to submit your email address directly to Making Fun. We use email addresses to communicate with players and to provide you with a unique login spanning devices and different third-party platforms. We may also use your email address and gameplay statistics to generate advertising target lists using Facebook’s “lookalike” functionality, which allows us to target our Facebook and Instagram ads at people who, according to their algorithms, “look like” you (for example, people who also enjoy role-playing games).
Public Site Content consists of information you disclose in public areas of the Service, such as forums, message boards, chat rooms, gameplay sessions, and other community areas. It also includes the information about you that accompanies this content, such as a username or user picture. Please be aware that Public Content is not private and is available to everyone and may be displayed in search results both on the Service and on external search engines such as Google or Bing. By way of example, gameplay logs containing usernames, timestamps and gameplay data may be made available over the public internet for players to download and analyze for their enjoyment. Please do not use a username that can identify you personally (for example because you use it on other sites that reveal additional information about you) if you have any concerns about this information being freely available. If you have set a user name incorrectly then you may change it via the Service or by contacting us, although it may be impossible for us to eliminate cases of past public usage.
Correspondence consists of information you disclose when you contact Making Fun, for example, for customer service purposes.
Making Fun Collected Information
Activity Information. When you access the Service we collect certain information about those visits. For example, in order to permit your connection to the Service, our servers receive and record information about your device, including your IP address, browser type, and other software or hardware information. If you access the Service from a mobile or other device, we may collect a unique device identifier assigned to that device, an advertising identifier, or other transactional information for that device in order to serve content to it. We also may use cookies and other tracking technologies (including browser cookies, pixels, beacons, and Adobe Flash technology including cookies), which are comprised of small bits of data that often include an anonymous unique identifier. We may send this data to your browser or device when you first request a remote service and then store the data on your device to access when you make subsequent requests. We use these technologies to collect and store information about your usage of the Service, such as pages you have visited, search queries you have run, game sessions you have played, and advertisements you have seen.
Most browsers are initially set to accept cookies, but you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the "Help" section of your browser for more information. Please note that by blocking any or all cookies you may not have access to certain features or personalization available through the Service.
Third parties that support the Making Fun Services by serving advertisements or providing services, such as allowing users to share content or tracking aggregate site usage statistics, may also use these technologies to collect similar information. Making Fun does not control these third-party technologies and their use is governed by the privacy policies of third parties using such technologies. For more information about third-party ad networks that use these technologies, see www.aboutads.info.
Third Parties. To operate and improve the quality of the Service, we may also supplement the information we collect with information from third parties. For example, we use TUNE for mobile app install attribution in order to measure the effectiveness of advertising campaigns.
Not Track. Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. Our Products do not support Do Not Track requests at this time, which means that we collect information about your online activity both while you are using the Products and after you leave our properties.
3. NOTICE & CHOICE
Means of Notice. This Privacy Policy is the primary means by which Making Fun provides you with notice about its collection and use of your information.
Privacy Policy Changes. We may modify this Privacy Policy any time at our sole discretion. If we do so, any such changes will be effective immediately upon posting, and we will change the “Updated” date at the top of this document. If we make material changes that expand our rights to use your personal information, we will notify you to seek your consent through email or a prominent posting on the Service (on the website and/or in-game).
Location of Data. The Service is mostly hosted in the United States, although some elements of the Service are hosted in Europe, Asia and South America to improve the speed of serving users in those areas. If you are located outside the United States, you understand and consent to having any personal information you provide transferred to and processed in the United States. U.S. data protection and other relevant laws may not be the same as those in your jurisdiction. We believe we are in compliance with the European Union’s General Data Protection Regulation (“GDPR”), but many aspects of GDPR are up for interpretation and it will take time to understand exactly how GDPR should best be implemented and explained in the context of video games. As a result, please read this Privacy Policy with care and contact us if you have any questions or concerns.
Linked Websites. The Service may be linked to sites or services operated by third parties, and may carry advertisements or offer content, functionality, games, newsletters, contests or sweepstakes, or applications developed and maintained by third parties. Making Fun is not responsible for the privacy practices of any such third parties, and once you submit information directly to a third party, leave the Service via a link, enable a third-party service, or click an advertisement, you should check the applicable privacy policy of that third-party.
Collection of Personal Financial Information by a Third Party. We hope that you enjoy our games and occasionally elect to make purchases within them. If you do elect to make a purchase through the Service, you may be required to provide personal financial information, including your credit card information, full name, phone number, billing address, shipping address, or other payment information (collectively, “Personal Financial Information”). At the time of your purchase, Making Fun will notify you of the identity of any independent third-party company that is collecting, transmitting, storing and/or processing your Personal Financial Information. One example of such a third party is Braintree, a PayPal service, which processes credit card transactions for games downloaded from our websites. You acknowledge and agree that this Privacy Policy will not apply to any Personal Financial Information that you provide to any third-party company via the Service and that all payment obligations related to such purchase shall be governed solely by the applicable third-party company’s privacy policy. You further acknowledge and agree that Making Fun will have no liability for or control over such third-party company’s use or protection of your Personal Financial Information. You should check the privacy policy of the third-party company‘s website to determine how it will handle any Personal Financial Information it collects from you and/or processes. You acknowledge and agree that in the event that such third-party company experiences a data breach that compromises or otherwise affects your Personal Financial Information, Making Fun shall in no way be responsible or liable to you for such breach. You should contact the applicable third-party company regarding any such data breach.
4. USE AND DISCLOSURE
When we process personal data about you, we do so only as necessary to provide you the Service (i.e. to perform the agreement between us), to meet our legal obligations or to fulfill the so-called “legitimate interests” of Making Fun, or in accordance with the other cases described in this section. To clarify, by legitimate interests we mean lawful purposes that could be reasonably expected, including protecting the security of the data we process, marketing our games, as well as ensuring our marketing is relevant for you, conducting anti-cheat analysis and anti-fraud checks. When we rely on the legitimate interest, we consider and balance any potential impact on you and your rights. For other purposes, we will ask for your consent and you will be entitled to withdraw this consent at any time with no impact on the validity of the processing before your consent has been withdrawn.
Information Made Public Through Use of the Making Fun Services
Public Content is publicly available to everyone, including other users, advertisers, search engines, third-party application developers and anyone else with access to the Service. We may also make your Third-Party Account Information publicly available in accordance with the policies and intended usage of the third party service from which it was obtained.
Making Fun’s Use and Disclosure of Information
We use the information we collect from and about users for the following purposes:
To provide and manage the Making Fun Services. We use the information we collect from and about users to provide the Service to you, which may include to allow you to participate in online games, contests or promotions, to measure and improve features, to personalize your experience by delivering relevant content, advertising and marketing messages, to provide you with customer support, and to respond to inquiries. We may use aggregated, anonymous data about use of and activity on the Service to assist us in this regard and such data is not subject to this Privacy Policy.
To allow third-party service providers to assist us in providing and managing the Service. We may contract with a trusted third party to provide some part of the Service or to assist us in analyzing our services or information collected about you, in which case we may provide your information to such third party, or such third party may collect information from you on our behalf. We share only the minimum data necessary for the third party to achieve the purpose of their cooperation with us in helping us manage or provide the Service by, for example: developing or supporting products and features; hosting our software; displaying advertisements; conducting email marketing on our behalf; processing payments; administering message boards; fulfilling orders; processing data or statistics; or assisting with the administration, judging and prize fulfillment aspects of contests, promotions and sweepstakes. These outside service providers are required to protect non-public personal information entrusted to them and not use it for any other purpose than the specific service they are providing to the Service.
To contact you. Making Fun may periodically send promotional materials (e.g., newsletters) or notifications related to the Service to the email address you provided to us during registration or subscription. If you wish to stop receiving promotional materials from Making Fun, you can follow the unsubscribe instructions at the bottom of each email. There are certain service notification emails that you may not opt-out of as long as you are a member, such as notifications of changes to the Service or policies.
To deliver relevant advertising. We may use the information you provide to us, and information we collect about your use of the Service through cookies and other technologies, to assist us in delivering you relevant ads. We may work with third-party advertising networks, advertisers and sponsored offer providers who help deliver these ads to you. We do not share your non-public personal information with these third parties, but we may share anonymized or aggregated information with them to improve the relevancy of the ads you see on the Service. As noted above, these third-party advertising networks and advertisers may also use cookies and similar technologies to collect and track non-personally identifiable information such as demographic information, aggregated information, and Internet activity to assist them in delivering advertising that is more relevant to your interests. To find out more about third-party online advertising and to opt out of this type of advertising, visit the Network Advertising Initiative website
To protect the rights of Making Fun and our users. There may be instances when we may disclose user information without providing notice or choice, including situations where we have a good faith belief that such disclosure is necessary in order to: (i) protect or defend the legal rights or property of Making Fun, our employees, agents or contractors (including enforcement of our agreements); (ii) protect the safety and security of users of the Service or members of the public; (iii) protect against fraud or for risk management purposes; or (iv) comply with the law or legal process. We may retain backup information related to your use of the Service on our servers for fraud detection or to comply with applicable law or our internal security policies.
To complete a merger or sale of assets. If Making Fun sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, Making Fun may transfer your information to the party or parties involved in the transaction as part of that transaction.
Retention Period
We retains information about you for as long as necessary to fulfil the purposes for which we collected the data, except if required otherwise by law. We may store information for longer periods for archiving or statistical purposes in which case we will take appropriate measures to ensure that the information is used solely for this purpose.
5. SECURITY
Making Fun uses good faith, commercially reasonable administrative, technical, personnel and physical measures to safeguard user information in our possession against loss, theft and unauthorized use, disclosure or modification.
6. USER CONTROL AND ACCOUNT CANCELLATION
To access, correct, cancel, or update your account information, login to your account and go to the account settings. In some cases, in order to cancel your account, you may have to email Making Fun’s customer service at help@makingfun.com. Remember that even after you cancel your account, copies of some information from your account may remain viewable in some circumstances – where, for example, you have shared information on the Service or with a third-party application or website. We may also retain backup information related to your account on our servers for some time after cancellation for fraud detection or to comply with applicable law or our internal security policies. Because of the nature of caching technology, your account may not be instantly inaccessible to others, and we may not be able to remove your content or there may be a delay in the removal of the content from elsewhere on the Internet, for example, from search engines.
7. CONTACT US
You may have additional rights than those outlined in this document depending on where you live, for example if you are covered by the EU’s GDPR. If you have questions, suggestions or concerns about this Privacy Policy, or would like to exercise a right extended by the GDPR, please contact Making Fun at:
Email: privacy@makingfun.com
Mail:
Making Fun, Inc
Attn: Legal Department
4096 Piedmont Avenue, Suite 944
Oakland, CA 94611
Making Fun, Inc. (“Making Fun”, “us” or “we”) is a publisher and developer of video games for phones, tablets, websites, and personal computers. We offer a website at MakingFun.com, websites for each of our games that are linked from MakingFun.com, and games published on a variety of platforms, by or on behalf of Making Fun, including when they are accessed via the Internet, mobile, PC, or other device (collectively, the “Service”). Making Fun is based in the United States.
As set forth in our Terms of Services, which contains the terms for your use of the Service, the Service is intended for general audiences, is not targeted to children, and does not knowingly collect personal information from children under 13 years of age. If you believe that we might have any data from or about a child under the age of 13, please contact us.
This Privacy Policy applies to all users of the Service (“user”, “player”, “you”, “your”). It describes the collection and use of your personal information on the Service. It also describes generally Making Fun’s practices for handling non-personally identifiable information (e.g., interests, demographics and Service usage) to the extent such information is associated with a particular user or user account.
2. SUBMISSION AND COLLECTION OF INFORMATION ON MAKING FUN SERVICES
User Submitted Information
Third-Party Account Information. When you access the Service through a third-party connection or log-in, such as Steam, Facebook, Big Fish Games or Kongregate (each a “Channel”), we may collect your user ID, user name, country, preferred language, list of friends on that Channel, and other information relevant to operating our Service that the Channel shares with games on their service, subject to the privacy policy and terms of that Channel.
Email Address. If email address is not included in such information, we may ask you to submit your email address directly to Making Fun. We use email addresses to communicate with players and to provide you with a unique login spanning devices and different third-party platforms. We may also use your email address and gameplay statistics to generate advertising target lists using Facebook’s “lookalike” functionality, which allows us to target our Facebook and Instagram ads at people who, according to their algorithms, “look like” you (for example, people who also enjoy role-playing games).
Public Site Content consists of information you disclose in public areas of the Service, such as forums, message boards, chat rooms, gameplay sessions, and other community areas. It also includes the information about you that accompanies this content, such as a username or user picture. Please be aware that Public Content is not private and is available to everyone and may be displayed in search results both on the Service and on external search engines such as Google or Bing. By way of example, gameplay logs containing usernames, timestamps and gameplay data may be made available over the public internet for players to download and analyze for their enjoyment. Please do not use a username that can identify you personally (for example because you use it on other sites that reveal additional information about you) if you have any concerns about this information being freely available. If you have set a user name incorrectly then you may change it via the Service or by contacting us, although it may be impossible for us to eliminate cases of past public usage.
Correspondence consists of information you disclose when you contact Making Fun, for example, for customer service purposes.
Making Fun Collected Information
Activity Information. When you access the Service we collect certain information about those visits. For example, in order to permit your connection to the Service, our servers receive and record information about your device, including your IP address, browser type, and other software or hardware information. If you access the Service from a mobile or other device, we may collect a unique device identifier assigned to that device, an advertising identifier, or other transactional information for that device in order to serve content to it. We also may use cookies and other tracking technologies (including browser cookies, pixels, beacons, and Adobe Flash technology including cookies), which are comprised of small bits of data that often include an anonymous unique identifier. We may send this data to your browser or device when you first request a remote service and then store the data on your device to access when you make subsequent requests. We use these technologies to collect and store information about your usage of the Service, such as pages you have visited, search queries you have run, game sessions you have played, and advertisements you have seen.
Most browsers are initially set to accept cookies, but you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the "Help" section of your browser for more information. Please note that by blocking any or all cookies you may not have access to certain features or personalization available through the Service.
Third parties that support the Making Fun Services by serving advertisements or providing services, such as allowing users to share content or tracking aggregate site usage statistics, may also use these technologies to collect similar information. Making Fun does not control these third-party technologies and their use is governed by the privacy policies of third parties using such technologies. For more information about third-party ad networks that use these technologies, see www.aboutads.info.
Third Parties. To operate and improve the quality of the Service, we may also supplement the information we collect with information from third parties. For example, we use TUNE for mobile app install attribution in order to measure the effectiveness of advertising campaigns.
Not Track. Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. Our Products do not support Do Not Track requests at this time, which means that we collect information about your online activity both while you are using the Products and after you leave our properties.
3. NOTICE & CHOICE
Means of Notice. This Privacy Policy is the primary means by which Making Fun provides you with notice about its collection and use of your information.
Privacy Policy Changes. We may modify this Privacy Policy any time at our sole discretion. If we do so, any such changes will be effective immediately upon posting, and we will change the “Updated” date at the top of this document. If we make material changes that expand our rights to use your personal information, we will notify you to seek your consent through email or a prominent posting on the Service (on the website and/or in-game).
Location of Data. The Service is mostly hosted in the United States, although some elements of the Service are hosted in Europe, Asia and South America to improve the speed of serving users in those areas. If you are located outside the United States, you understand and consent to having any personal information you provide transferred to and processed in the United States. U.S. data protection and other relevant laws may not be the same as those in your jurisdiction. We believe we are in compliance with the European Union’s General Data Protection Regulation (“GDPR”), but many aspects of GDPR are up for interpretation and it will take time to understand exactly how GDPR should best be implemented and explained in the context of video games. As a result, please read this Privacy Policy with care and contact us if you have any questions or concerns.
Linked Websites. The Service may be linked to sites or services operated by third parties, and may carry advertisements or offer content, functionality, games, newsletters, contests or sweepstakes, or applications developed and maintained by third parties. Making Fun is not responsible for the privacy practices of any such third parties, and once you submit information directly to a third party, leave the Service via a link, enable a third-party service, or click an advertisement, you should check the applicable privacy policy of that third-party.
Collection of Personal Financial Information by a Third Party. We hope that you enjoy our games and occasionally elect to make purchases within them. If you do elect to make a purchase through the Service, you may be required to provide personal financial information, including your credit card information, full name, phone number, billing address, shipping address, or other payment information (collectively, “Personal Financial Information”). At the time of your purchase, Making Fun will notify you of the identity of any independent third-party company that is collecting, transmitting, storing and/or processing your Personal Financial Information. One example of such a third party is Braintree, a PayPal service, which processes credit card transactions for games downloaded from our websites. You acknowledge and agree that this Privacy Policy will not apply to any Personal Financial Information that you provide to any third-party company via the Service and that all payment obligations related to such purchase shall be governed solely by the applicable third-party company’s privacy policy. You further acknowledge and agree that Making Fun will have no liability for or control over such third-party company’s use or protection of your Personal Financial Information. You should check the privacy policy of the third-party company‘s website to determine how it will handle any Personal Financial Information it collects from you and/or processes. You acknowledge and agree that in the event that such third-party company experiences a data breach that compromises or otherwise affects your Personal Financial Information, Making Fun shall in no way be responsible or liable to you for such breach. You should contact the applicable third-party company regarding any such data breach.
4. USE AND DISCLOSURE
When we process personal data about you, we do so only as necessary to provide you the Service (i.e. to perform the agreement between us), to meet our legal obligations or to fulfill the so-called “legitimate interests” of Making Fun, or in accordance with the other cases described in this section. To clarify, by legitimate interests we mean lawful purposes that could be reasonably expected, including protecting the security of the data we process, marketing our games, as well as ensuring our marketing is relevant for you, conducting anti-cheat analysis and anti-fraud checks. When we rely on the legitimate interest, we consider and balance any potential impact on you and your rights. For other purposes, we will ask for your consent and you will be entitled to withdraw this consent at any time with no impact on the validity of the processing before your consent has been withdrawn.
Information Made Public Through Use of the Making Fun Services
Public Content is publicly available to everyone, including other users, advertisers, search engines, third-party application developers and anyone else with access to the Service. We may also make your Third-Party Account Information publicly available in accordance with the policies and intended usage of the third party service from which it was obtained.
Making Fun’s Use and Disclosure of Information
We use the information we collect from and about users for the following purposes:
To provide and manage the Making Fun Services. We use the information we collect from and about users to provide the Service to you, which may include to allow you to participate in online games, contests or promotions, to measure and improve features, to personalize your experience by delivering relevant content, advertising and marketing messages, to provide you with customer support, and to respond to inquiries. We may use aggregated, anonymous data about use of and activity on the Service to assist us in this regard and such data is not subject to this Privacy Policy.
To allow third-party service providers to assist us in providing and managing the Service. We may contract with a trusted third party to provide some part of the Service or to assist us in analyzing our services or information collected about you, in which case we may provide your information to such third party, or such third party may collect information from you on our behalf. We share only the minimum data necessary for the third party to achieve the purpose of their cooperation with us in helping us manage or provide the Service by, for example: developing or supporting products and features; hosting our software; displaying advertisements; conducting email marketing on our behalf; processing payments; administering message boards; fulfilling orders; processing data or statistics; or assisting with the administration, judging and prize fulfillment aspects of contests, promotions and sweepstakes. These outside service providers are required to protect non-public personal information entrusted to them and not use it for any other purpose than the specific service they are providing to the Service.
To contact you. Making Fun may periodically send promotional materials (e.g., newsletters) or notifications related to the Service to the email address you provided to us during registration or subscription. If you wish to stop receiving promotional materials from Making Fun, you can follow the unsubscribe instructions at the bottom of each email. There are certain service notification emails that you may not opt-out of as long as you are a member, such as notifications of changes to the Service or policies.
To deliver relevant advertising. We may use the information you provide to us, and information we collect about your use of the Service through cookies and other technologies, to assist us in delivering you relevant ads. We may work with third-party advertising networks, advertisers and sponsored offer providers who help deliver these ads to you. We do not share your non-public personal information with these third parties, but we may share anonymized or aggregated information with them to improve the relevancy of the ads you see on the Service. As noted above, these third-party advertising networks and advertisers may also use cookies and similar technologies to collect and track non-personally identifiable information such as demographic information, aggregated information, and Internet activity to assist them in delivering advertising that is more relevant to your interests. To find out more about third-party online advertising and to opt out of this type of advertising, visit the Network Advertising Initiative website
To protect the rights of Making Fun and our users. There may be instances when we may disclose user information without providing notice or choice, including situations where we have a good faith belief that such disclosure is necessary in order to: (i) protect or defend the legal rights or property of Making Fun, our employees, agents or contractors (including enforcement of our agreements); (ii) protect the safety and security of users of the Service or members of the public; (iii) protect against fraud or for risk management purposes; or (iv) comply with the law or legal process. We may retain backup information related to your use of the Service on our servers for fraud detection or to comply with applicable law or our internal security policies.
To complete a merger or sale of assets. If Making Fun sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, Making Fun may transfer your information to the party or parties involved in the transaction as part of that transaction.
Retention Period
We retains information about you for as long as necessary to fulfil the purposes for which we collected the data, except if required otherwise by law. We may store information for longer periods for archiving or statistical purposes in which case we will take appropriate measures to ensure that the information is used solely for this purpose.
5. SECURITY
Making Fun uses good faith, commercially reasonable administrative, technical, personnel and physical measures to safeguard user information in our possession against loss, theft and unauthorized use, disclosure or modification.
6. USER CONTROL AND ACCOUNT CANCELLATION
To access, correct, cancel, or update your account information, login to your account and go to the account settings. In some cases, in order to cancel your account, you may have to email Making Fun’s customer service at help@makingfun.com. Remember that even after you cancel your account, copies of some information from your account may remain viewable in some circumstances – where, for example, you have shared information on the Service or with a third-party application or website. We may also retain backup information related to your account on our servers for some time after cancellation for fraud detection or to comply with applicable law or our internal security policies. Because of the nature of caching technology, your account may not be instantly inaccessible to others, and we may not be able to remove your content or there may be a delay in the removal of the content from elsewhere on the Internet, for example, from search engines.
7. CONTACT US
You may have additional rights than those outlined in this document depending on where you live, for example if you are covered by the EU’s GDPR. If you have questions, suggestions or concerns about this Privacy Policy, or would like to exercise a right extended by the GDPR, please contact Making Fun at:
Email: privacy@makingfun.com
Mail:
Making Fun, Inc
Attn: Legal Department
4096 Piedmont Avenue, Suite 944
Oakland, CA 94611