This Policy is subject and supplemental to those terms and conditions of any agreement or policy between you and the platform provider you used to purchase your rights to the Program.
BY USING THIS SITE AND/OR OFFERINGS AVAILABLE ON THIS GAME, YOU GIVE YOUR CONSENT THAT ALL PERSONAL DATA THAT YOU SUBMIT MAY BE PROCESSED BY US IN THE MANNER AND FOR THE PURPOSES DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SITE.
Types of Information We Collect
You may provide your personal information to us when you choose to use the Services. In providing the Services that you choose, we may collect the following types of information about you:
Your email address, username, country or other global geographic descriptors;
Details you provide in response to surveys about our products;
Gameplay statistics, i.e kills, deaths, time spent in game;
Information you provide when seeking help from us such as your name, telephone number and records (including call recordings) of the issues you experience;
We do not collect any information about you unless you voluntarily provide it to us to enable us to provide the Services to you. While you are not required to provide us with information of any kind, but to do so may prevent you from using the Service or certain features of the Services.
Additionally, we collect other information automatically when you use our Services, including:
VR Hardware or device identifiers;
Device event information, including crash reports, request and referral URL's and system activity details (e.g. whether you encountered an error playing our games or lost internet access).
When you participate in online games, in-game profile information, gameplay, and statistics will be collected and may be visible to other players and users.
We do not knowingly collect or store any personal information from children under 13 in the United States or under the relevant age threshold in other jurisdictions where the child is located. However, we may collect technical information required for delivering the Services and for the support of our internal operations from all users of our Services. If parents believe that we have unintentionally collected their childrenâ€™s other personal information or otherwise used their childrenâ€™s personal information for another purpose, they may reach out to us via the contact address located.
We recognize a special need to protect the personal information of children. We urge parents to instruct their children to never give out their real names, addresses, phone numbers, or other personal information without parental permission, when online. We also recommend parents familiarize themselves with parental controls available on consoles, mobile telephones, tablets, and other devices they provide to their child and accompany their child if aged under 13 years of age when online.
How We Use Information
Sharing of Information
Occasionally we may be required by law enforcement or judicial authorities to provide personal information to the appropriate governmental authorities. In such cases, we will disclose such information upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.
Updating and Correcting Information
We believe you should have the ability to access and edit the personal information that you have provided to us. You may change any of your personal information in your account online at any time by linking to your account on Steam, Oculus Home, Playfab, and/or Downpour account within accordance with instructions posted elsewhere on Steam, Oculus, or this Site. You may also access and correct your personal information and privacy preferences by emailing or writing us at the address in the Contact Us section below. Please include your name, address, and/or email address when you contact us.
We encourage you to promptly update your personal information if it changes. You may ask to have the information on your account deleted or removed; however, some information, such as past transactions, logs of technical support calls, or other information may not be deleted. In addition, it may be impossible to completely delete your information without some residual information because of backups.
You should also be aware that when personal information is voluntarily disclosed (i.e. your username, email address, etc.) in the discussion forums or other public areas on this Site, that information, along with any information disclosed in your communication, can be collected and used by third parties and may result in unsolicited messages (including unwanted spam messages) from third parties. Such activities are beyond our control and this Policy does not apply to such information. Please consult our End User License and Service Agreement and our Custom Content Agreement for our Site conduct policies.
Additional Information for Users from California
Since 2005, California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. We do not share our customer's personal information with unaffiliated third parties for their own direct marketing purposes.
Since January 1, 2015, California Business and Professions Code Section 22581 permits you, if you are a California resident under the age of 18, to view, correct, or remove information provided by you or publicly posted by you, by accessing your Downpour account through or another product or service as applicable and editing/removing your personal information. You will need your password to access your personal account. You may also send us an email asking us to remove certain posted content using the address in the Contact Us section below. In the alternative, you may write to us using the address in the Contact Us section below.
We will be happy to review, update or remove information and/or content as appropriate. Residual copies of information and/or content that have been removed from your account and/or the Site may remain in our backup systems for approximately one month. We may still retain your information to resolve disputes, enforce our user agreement, or comply with legal requirements; in this case, your personal information will be blocked from use for any other purpose.
Additional Information for Users from the European Economic Area
We only process your personal information where we can rely on legal grounds to do so. We process your personal information for the performance of our Services, to provide or support of our products, or for any other feature you request or enable. This includes, for example, using your personal information to administer your account, provide contests or promotions in which you have enrolled; support purchases you make, support game functionality, provide global customer service, or provide a fair gaming experience by using anti-fraud technologies such as bans or blocks of accounts.
We may ask for your consent to collect or use your personal information for specific purposes. This includes, for example, providing newsletters, direct e-mails, and surveys about our Properties and certain other marketing features.
We rely on several legitimate interests in using and sharing your personal information. These interests include: to provide you with requested customer service or technical support, to debug and improve our current and future Properties[?], in order to give you exclusive content, personalize your online experience with us and contact you in accordance with applicable marketing preferences, exploring ways to develop and grow our operations, ensuring the safety and security of our Services, and for the establishment, exercise or defense of legal claims or whenever courts are acting in their judicial capacity.
We process your personal information for compliance with a legal obligation to which we are subject.
You may object to the processing of your personal information based on a legitimate interest on grounds relating to your particular situation. You may control the extent to which we market to you and you have the right to request that we stop sending you marketing messages at any time using the contract information listed above.
In certain circumstances, you can request that we transfer personal information that you have provided to us. You can send your request to us using the contact information listed above.
Where we rely on your consent in order to process your personal information, you have the right to withdraw such consent to further use of your personal information at any time.
Disclosures to Users Outside the United States and the European Economic Area (EEA)
If you are a visitor to the Site or other online products and services from outside the U.S., the personal information you provide will be collected, processed and stored directly on, or transferred to, servers in the United States or other countries that may not have equivalent data protection laws to the country where you reside.
When we transfer your personal information outside the EEA we rely on appropriate or suitable safeguards recognized under applicable data protection laws. For example, when we transfer personal information collected in the EU to locations outside the EEA, we rely on transfer mechanism adopted by the European Commission to help establish adequate safeguards, like Standard Contractual Clauses or consent of the individual to transfer personal information from the EEA to non-EEA countries. By using our Services, you expressly consent to such collection, transfer, and processing. We may also need to transfer your personal information to provide the Services to you in accordance with our existing agreements to you, such as the End User License and Service Agreement, available at [http://www.downpourinteractive.com/eula] and the Customer Content License, available at [http://www.downpourinteractive.com/custom-content-agreement].
If you are located in the EU, upon request, we will provide you with information about whether we hold any of your personal information along with any details required to be provided to you under applicable law.Âï¿½ In certain cases, you may also have a right to:
rectify any of your personal information that is inaccurate;
restrict or limit the ways in which we use your personal information;
object to the processing of your personal information;
request the deletion of your personal information, and
obtain a copy of your personal information in an easily accessible format.
To submit a request, please contact us as set forth in the Contact Us section below. We will respond to your request within a reasonable time.
If you have any complaints regarding our privacy practices, we ask that you reach out to [[email protected]], as set forth in the Contact Us section below. You also have the right to submit a complaint with your national data protection authority (i.e., supervisory authority).
Downpour Interactive, LLC
Attn: Downpour Business and Legal Affairs
PO Box 426799
San Francisco, CA 94142
Email: [email protected]
For all inquiries related to the European Union General Data Protection Regulation ("GDPR"), you may direct these to [email protected]
Last Updated: 10/30/2019