Legal
McDonald's McPlay - App Terms & Conditions
"Welcome to McDonald’s McPlay! These Terms explain the rules you need to follow when you use the McPlay app.
Please have a read through these Terms and our Privacy Statement before you use McPlay and before you allow your child to use McPlay.
These Terms contain the following sections (click on each heading to go straight to that section):"
1. Who operates McPlay?
"McPlay is operated by McDonald’s USA, a Delaware limited liability company with a principal place of business located at One McDonald’s Plaza, Oak Brook, Illinois, 60523 ( “McDonald’s”)
We can be contacted at 1-800-244-6227, seven (7) days a week, from 7 am to 7 pm (CST)."
2. Access to McPlay App
"By using the McPlay app, you agree to comply with these Terms. If you don’t agree with any part of these Terms and Conditions please don’t use McPlay and don’t allow your child to use McPlay either.
The McPlay app is only meant to be used by you and your child for your own personal enjoyment. You mustn’t use it in connection with any kind of business or for any other commercial purposes.
The app is free to use (except for any data charges that may apply)."
3. Intellectual Property Rights
Intellectual Property Rights (known as “IPRs”) give people the right to protect things they create like inventions, books, artwork, symbols, names, images, and designs. All the pictures, logos, illustrations, audio-clips, video-clips, text and other elements you see on McPlay as well as the general design of the website are protected by IPRs. McDonald’s either owns these IPRs or has permission to use them from someone else. This means you mustn’t copy, reproduce, change, sell or give away anything on McPlay unless we give your our permission first. If you do so you will be infringing IPRs and could get in trouble!
4. Copyright Notice
"McDonald’s will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). If you believe that your copyrighted work is infringed by content appearing on the online services, please provide a written DMCA notice to McDonald’s at: McDonald’s USA, LLC, One McDonald’s Plaza, Oak Brook, Illinois 60523, Attn: DMCA copyright administrator, (630) 623-3000 or by email to [email protected].
What to include in your infringement notice. Please include the following information in your notice to us, along with your full name, address, telephone number and email address:
1. A detailed description of the copyrighted work that you believe has been infringed.
2. A detailed description of the content on the online services that you believe infringes the copyrighted work, including information reasonably sufficient to permit McDonald’s to locate the alleged infringing content (e.g., the page on the online services where the alleged infringing content is located).
3. The following statement, signed by the copyright owner or a person authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed.”"
5. What is your level of control over your child’s use of McPlay?
"Both iTunes and Google Play provide parental controls and password support to allow a parent or guardian to prevent a child from downloading McPlay.
For information on how to restrict the content your child can see and access:
on iTunes: http://support.apple.com/kb/ht1904
on Google Play: https://support.google.com/googleplay/answer/1075738
For information on how to require a password for app purchases and for leaving reviews on the iTunes App Store: http://support.apple.com/kb/ht1904
To setup password protection on your Google Play account: https://support.google.com/googleplay/answer/1626831"
6. Using McPlay
While we make every effort to ensure that people follow these Terms and Conditions, we can’t promise that everyone will. If someone uses the app in a way they are not supposed to without us knowing, to the extent allowed by law, we are not responsible or liable for what that person does.
7. Linking to McPlay
If you provide a link to the McPlay app from your website or app, you mustn’t imply or suggest that you are somehow affiliated to McPlay and you mustn’t refer to or portray McPlay in an untrue, misleading, offensive or generally nasty manner. Be nice!
8. Do we collect any personal information?
We do not collect any personal information from you or your child. Please see our Privacy Statement which explains what information we collect, how we use it, and how we keep it safe.
9. Our responsibility for your use of McPlay
"McPlay is made available on an “as is” and “as available” basis and without warranties of any kind either expressed or implied. This means we don’t make any promises that the app will always be uninterrupted and/or error-free. Every now and then the app may go down by accident or we may need to take it offline to fix something.
To the extent allowed by law, we (including Members of the McDonald’s System) are not responsible or liable for any interruptions of the app’s availability or any delays, inaccuracies, errors, or things missing on the app.
To the extent allowed by law, we (including Members of the McDonald’s System) are also not responsible or liable for any loss you might suffer as a direct or an indirect result of your use of the app. Nothing in this section is intended to limit McDonald’s liability for damages to the extent caused by McDonald’s own gross negligence or intentional or unlawful misconduct. Additionally, nothing in this section is intended to limit or alter your rights as a consumer that cannot be limited or altered under applicable law."
10. Links and Adverts for other websites, products and services
There are no links to other websites or services from McPlay.
11. Will these Terms and Conditions change?
We may need to update these Terms and Conditions from time to time. If we do make any changes, we will post the changes in the Settings section of the app and in any other areas we think necessary so that you are aware of the changes. Please make sure you look at the app frequently just in case we do make any changes to these Terms and Conditions.
12. Apple Applications
"These Terms incorporate and supplement the Apple, Inc. (“Apple”) terms and Conditions (available at http://www.apple.com/legal/itunes/us/terms.html#service), including the Licensed Application End User terms therein (“Apple terms”). If you are using the app through Apple application (“Apple Application”), you also acknowledge and agree:
• Apple has no obligation at all to provide any support or maintenance services in relation to the Apple Application. If you have any maintenance or support questions in relation to the Apple Apps, please contact McDonald’s, not Apple, using the above Support Services details;
• except as otherwise expressly set out in these terms, any claims relating to the possession or use of the Apple Application are between you and McDonald’s (and not between you, or anyone else, and Apple); and
• in the event of any claim by a third party that your possession or use (in accordance with these terms) of the Apple Application infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim;
If the Apple Application that you have purchased does not conform to any warranty applying to it, you may notify Apple, which may refund the purchase price of the Apple Application to you subject to then-current Apple terms and conditions. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to the Apple Application and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the Apple Application or as a result of you or anyone else using the Apple Application or relying on any of its content."
13. Some other general things
"If McDonald’s fails to insist that you perform any of your obligations under these terms, or if McDonald’s does not enforce its rights against you, or delays in doing so, that will not mean that McDonald’s has waived its rights against you and will not mean that you do not have to comply with those obligations.
Although these terms govern the McPlay app as between McDonald’s and you only (and neither Apple nor any other Members of the McDonald’s System are parties to these terms), Apple and all other Members of the McDonald’s System are third party beneficiaries under these terms and will have the right to enforce against you those rights that McDonald’s holds under these terms to the extent such terms may pertain to them; there are no other third beneficiaries under these terms.
With respect to the McPlay app (which includes content), you may not, and may not allow third parties, to transfer, provide, export or re-export app in violations of an embargo, trade sanction, or other technology control or export laws and regulations; you also represent and warrant that you are not (i) located in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country; or (ii) listed on any U.S. Government list of prohibited or restricted parties.
These Terms and Conditions and the Privacy Statement are the only legal terms which apply between you and us regarding your use of McPlay.
If any bit of these Terms and Conditions is illegal, invalid or unenforceable, then that bit should be ignored and deleted and the remaining parts of these terms and conditions will remain unaffected
These Terms and Conditions are governed by the laws of Illinois (USA), notwithstanding any principles of conflicts of law.
When were these Terms and conditions last updated?
2018"
McDonald's McPlay – Privacy Policy
"Welcome to McDonald’s McPlay! At McDonald’s we are committed to protecting your personal information and the personal information of your family. This Privacy Policy explains what information we collect through McPlay, how we use it and how we keep it safe and secure.
This Privacy Policy applies to your use of the McPlay smartphone app.
If you have questions or complaints regarding our privacy statement or practices, please contact us at:
Privacy at McDonald's
Dept. 282
2915 Jorie Boulevard
Oak Brook, IL 60523, USA
(800) 244-6227
[email protected]
"
Who operates McPlay?
McPlay is operated and controlled by McDonald’s GLOBAL MARKETS LLC, a Delaware limited liability company with a principal place of business located at One McDonald’s Plaza, Oak Brook, Illinois, 60523 ( “McDonald’s”)
What is your level of control over your child’s use of McPlay?
"Both iTunes and Google Play provide parental controls and password support to allow a parent or guardian to prevent a child from downloading McPlay.
For information on how to restrict the content your child can see and access on:
iTunes: http://support.apple.com/kb/ht1904?viewlocale=en_EN
Google Play: https://support.google.com/googleplay/answer/1075738?hl=en
For information on how to require a password for app purchases and for leaving reviews on the iTunes App Store: http://support.apple.com/kb/ht1904?viewlocale=en_EN
To set up password protection on your Google Play account: https://support.google.com/googleplay/answer/1626831?hl=en"
[ignore]
[ignore]
What personal information do we collect?
We do not collect any personal information from you or your child on the McPlay app and website. Certain games or activities within the McPlay app may contain functionality requiring your permission to access your device's camera and/or photo library. McDonald’s does not access or retrieve photos taken on your device or any photos saved within your photo library.
Can you share content from McPlay with anyone else?
The McPlay app does not allow for sharing of content. If you allow the McPlay app to access your camera and store photos of your child’s creations on your device, you could choose to share those photos with others in the same way you could send any other photo from your device but that function would be separate from and outside of the functions of the McPlay app.
Can you delete the McPlay app?
You can delete the McPlay app in the same way you would delete any app from your device.
Is there anything else you should know about when you use the McPlay app?
"When you use the app for the first time, it will ask you whether you grant the app permission:
(i) To send you notifications – these are e.g. to tell you when there is an update or new content available on the app; you do not have to allow notifications but, if you do, you can choose to turn them off at any time on your device.
(ii) To access the camera’s device and photo library – this is to allow some app functionality that uses the camera e.g. scanning and to enable you to e.g. save your child’s McPlay creations to your photo library; you can choose whether or not to allow access but if you do not grant access, some of the functions of the app will be limited as a result. You can choose to restrict this access on your device at any time. Even if you grant access, it is important for you to understand that McDonald’s will not have access to any photos taken on your device’s camera or any existing photos in your device’s photo library."
What information is shared with or collected by Third Party Partners?
"McPlay works with Third Party Partners to ensure optimal site performance. These partners collect, monitor and analyze non-personally identifiable information to provide McPlay with accurate analytics. This information allows us to improve our services, provide content of more interest to users, and better understand and serve our users.
Our third party partners include our marketing agencies who work on McPlay, our analytics provider and our app provider.
We have the right to use or share information as necessary to keep to any law, regulation or legal request, to protect our online services and in-restaurant technology, to bring or defend legal claims, to protect the rights, interests, safety and security of our organization, our employees or franchisees, or members of the public, or in connection with investigating fraud or other crime, or violations of our policies."
Will this Privacy Policy change?
We may need to update this Privacy Policy from time to time. If we do make any changes to this Privacy Policy, we will post the changes in the Settings section of the app and in any other areas of the app we think necessary so that you are aware of the changes. Please make sure you look at the app frequently just in case we do make any changes to this Privacy Policy.
How can you contact us?
If you have any questions or suggestions about this Privacy Policy, please contact us at [email protected]
When was this Privacy Policy last updated?
February 21, 2018
Does McPlay link to other websites?
"There are only a couple of places where McPlay links to other websites:
Apple iTunes and Google Play: The McPlay app will link to the Apple iTunes App Store and Google Play to direct users on how to download iPhone, iPad and Android applications developed by McDonald’s.. The McPlay application will also provide the opportunity for users to rate the McPlay app on the storefront from which the app was downloaded. When prompted, the user will be asked to rate the app and leave a review. Downloading, rating and reviewing of any app on these storefronts require valid accounts on each storefront and for the user to be logged in to the store."