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Privacy Policy

Last Update Posted: December 18, 2024

Insomniac Games Inc ("Insomniac", "we", "us") understand that users of Insomniac's Service ("you" or "users") value their privacy. This Privacy Policy outlines crucial details regarding the collection, use, and disclosure of user information on Insomniac's work website (the "DFS Site"), its related mobile app (the "Dream Draft"), and any other features, tools, materials, or services (including co-branded or affiliated services) provided by Insomniac from time to time (the "Services"). Insomniac offers this Privacy Policy to assist you in making an informed choice about using or continuing to use the Service.

We are committed to protecting and respecting your privacy while maintaining the trust and confidence of our customers. This privacy policy clarifies how your personal information is gathered, the reasons for its collection, and how it is kept secure. We are dedicated to fulfilling our obligations under all applicable data privacy laws and regulations.

This Privacy Policy should be read in conjunction with our Terms of Use. By accessing the Services, you consent to the information collection and use practices described herein.

Your use of the Services and any information you provide through them remains subject to this Privacy Policy and our Terms of Use, both of which may be updated periodically.

Information We Collect

When you use our Services and submit information, this Privacy Policy applies. You provide specific personal information to Insomniac when engaging in various activities on the Services, like registering an account, participating in contests, posting messages, taking advantage of promotions, responding to surveys, subscribing to newsletters or other mailing lists, or communicating with us or making requests. If you contact us via email [email protected], text, phone call, or otherwise, in addition to any personal information we receive, we may record and store the communication contents ourselves or via a third-party vendor. We may use these communications for training, legal, auditing, and other obligations, or as per this Privacy Policy. Your communications with us may include requests, questions, or issues about your Service use or other topics. The personal information we collect generally includes:

- Your name

- Email address

- Date of birth

- PayPal or credit card billing information

- Contacts you choose to submit

- Profile photo

- Username

- Location

- Your preferences

- Submissions to competitions and promotions

- Responses to surveys

- Communications sent to us

- Your subscriptions to newsletters and our services

- Any other information you submit during Service activities

To use certain aspects of the Services, we may need to verify your identity and collect additional personal information (for compliance, providing this information is mandatory when requested):

- Passport information

- Driving license information

- Other identification documents

- Permanent and temporary addresses

- Tax-related information

- Other information required by applicable laws and regulations

When using our mobile apps, we collect mobile device information such as operating system, hardware type, unique device numbers or codes (like IDFA or Android Ad ID), device information, default device language, precise GPS location, and app usage. This data can be linked to your other information. Our Services use precise location services for location verification, payment processing, analytics, delivering relevant content and ads, sharing location with vendors for location-based services, and legal compliance. We also collect non-precise geolocation data (city and state based on IP address) to customize your experience and serve relevant ads.

If you log in, access, or connect to Insomniac through a social networking service (e.g., Facebook), we may collect your user ID, username, and public information from that service, as well as any authorized shared information (like user ID, public profile, email, birthday, friends list, and liked pages).

We use cookies. When you visit website, we may send cookies to your device to identify your browser. Insomniac uses session and persistent cookies. Session cookies are temporary and disappear when you close your browser, while persistent cookies remain and can be removed following your browser's help file instructions. Disabling cookies may affect some Site or Service features.

Our servers record information like web or app requests, IP address, browser type, language, referring/exit pages and URLs, platform type, clicks, domain names, landing pages, page views and order, time spent on pages, request date and time, and cookies that identify your browser.

We use "clear GIFs" (Web Beacons) to track user online usage patterns and in HTML emails to track which emails are opened.

Insomniac may also collect information about you from third parties like marketing partners, identity verification services, anti-fraud services, and other service providers. You authorize your wireless carrier to disclose account and device information to us or our service provider during your business relationship to help with identification and fraud prevention.

How Insomniac Uses Your Personal Information

We use your personal information to operate, maintain, and provide Service features and functionality, including:

- Offering our products and services, including games

- Processing and responding to inquiries

- Personalizing your Service experience

- Alerting you to new features, events, products, and services of interest

- Enforcing Service legal terms

- Investigating and protecting contest integrity

We may use your information (personal and non-personal) to send marketing and advertising content via multiple channels like direct mail, email, push notifications, display media, and text messages. This may include our products, services, or those we market on behalf of others.

We communicate with you about:

- Our products and services of potential interest (unless you request otherwise)

- Newsletters and subscribed information

- Non-marketing or administrative purposes (like Service changes or customer service)

We use your information to improve Service quality and design, create new features, promotions, functionality, and services by analyzing user preferences and trends.

Cookies, clear gifs, log file information, and mobile app information like device identifiers are used to:

- Remember information for your convenience

- Provide custom, personalized content

- Monitor marketing campaign effectiveness

- Track aggregate metrics

- Track your entries, submissions, and contest status

We may anonymize, de-identify, or aggregate your information for legitimate business purposes like reporting, research, or advertising. Such data doesn't identify you personally and may be used to target relevant content or offers across devices.

We retain personal information and communication contents as long as needed to fulfill purposes, and may keep backups longer for security and business continuity.

When Insomniac Discloses Information

We may disclose your information to subsidiaries, affiliates, agents, or service providers handling it on our behalf for Service provision or operation. These entities may access your information for billing, hosting, marketing, support, and other purposes and use it to improve their services. Our agreements limit their information use and require security measures. Note that vendors facilitating communication may receive your personal information but we don't disclose mobile numbers for unaffiliated third-party marketing without consent.

When you share Insomniac activities with social media via account connection, we may share your personal and Service use information. Read the social media site's terms and privacy statements first.

If you win a prize, we may use your name and photo for publicity. For promotion wins, we may be required to publish or provide your name and county as per law.

We may create a profile page with your username, membership date, contest stats, and profile picture. Information you post publicly on our Services is publicly available.

In contests or skill games, we may publish your username and profile link on participant lists.

With your consent, we may share your information with selected third parties for commercial or marketing use related to your Insomniac relationship or specific programs.

We disclose various information types to third parties for targeted online or mobile advertising.

We may share personal information in other consented situations.

We may access, use, preserve, transfer, and disclose your information (including communications, device identifiers, and personal details like precise geolocation) to third parties:

- To comply with laws, regulations, subpoenas, or legal processes

- To protect the Services, its integrity, and our policies, and investigate violations

- To report eligibility rule violations to third parties

- To safeguard Service or third-party safety, rights, property, and security

- To address fraud, security, or technical issues

In events like mergers, acquisitions, or changes of control, your personal information may be disclosed to related entities.

Recipients of disclosed data may be in the US or worldwide, including areas with potentially less privacy protection.

Legal Bases for Processing Personal Data

Some laws require us to disclose the legal grounds for processing your personal information. We process it as follows:

- Legitimate interests: Often, we handle personal data for legitimate commercial interests like customer service, marketing, protecting players and property, analyzing and improving our business, processing job applications, and managing legal issues, as long as it doesn't override affected individuals' rights.

- For affiliates or business partners' legitimate interests, such as offering events or contests or marketing assistance.

- Processing for the contract: Some personal data processing fulfills our contractual obligations to players.

- Consent: When required by law or in some cases, based on your implied or express consent.

- Legal compliance: We use and disclose personal data to meet legal obligations.

Third Party Advertising and Analytics

We collaborate with companies that market our services on third-party websites. They collect online activity information over time and across sites for delivering relevant ads, including about our Services. Our advertising partners use cookies and similar technologies with unique identifiers to collect data about your activities and interests. Some use mobile device identifiers. This enables them to recognize your device and compile ad interaction information, delivering targeted ads on our Services and elsewhere. We or our partners may use these technologies and data points to target advertising on other sites or apps. Identifiers may be derived from hashed or encrypted personal information. We use this to measure advertising performance.

To opt out of third-party data collection for interest-based advertising on our website. Non-affiliated third-party cookie use is governed by their privacy policies. For more on tailored browser advertising and cookie control, visit the Network Advertising Initiative's or Digital Advertising Alliance's Consumer Opt-Out links. To opt out of Google Analytics for display advertising or customize Google display network ads, visit the Google Ads Settings page. For mobile apps, use the DAA App Opt-Out Tool and the NAI App Opt-Out Tool. Note that opt-outs are per browser and device. Opting out may make ads less relevant but not change their quantity.

We also work with third-party analytics companies that collect data via cookies and other automated means. Some may maintain personally identifiable information. These services help us improve our website and understand user behavior.

Information Security

We are dedicated to safeguarding your personal information. We employ various security technologies and procedures to prevent unauthorized access, use, or disclosure. While no one can guarantee online information security, we have measures in place. For example, we store your personal information on restricted-access computer systems in secure facilities.

To protect your privacy and security, we may verify your identity before granting profile access or making corrections, such as by requesting your password.

You should keep your password confidential and be responsible for its secrecy and your account information.

Your Rights and Choices

Insomniac processes your personal information per this Privacy Policy, offering you choices:

- You can access and update certain personal information by logging into your account via the Services.

- You can turn off push notifications in your Insomniac mobile app account settings or on your Android application manager.

- Depending on your jurisdiction and applicable data protection laws, you may have rights regarding your "personal information" or "personal data":

- Request information about collected and disclosed categories, sources, business purposes, and third-party recipients.

- Access and/or get a copy of certain personal information (some may be accessible via your account).

- Correct or update personal information.

- Delete certain personal information.

- Get information about financial incentives (if any).

- Restrict or object to certain uses.

- Withdraw consent (without affecting prior processing legality).

- Opt out of direct marketing or profiling for legal decisions (if applicable).

You have the right to opt out of "sales" of your information and "sharing/processing for targeted advertising". We may disclose information to third parties. To opt out, visit "Your Privacy Choices" link in the footer of our Services and follow instructions. Do this on each site/app, browser/device, and renew if you clear cookies or your browser does. Opting out also stops using your email and related information for targeted advertising. Some jurisdictions allow an authorized agent to submit requests. We don't knowingly sell minors' information under 16 without proper authorization. We recognize browser-based opt-out preference signals as per law.

Changes and Updates

This Privacy Policy may be updated periodically, reflected by the "Last update posted" date. Please check back for changes. For significant revisions, we'll notify you via the email associated with your account.

For questions, disputes, or complaints, you may contact us via the "Contact Us" page or via email [email protected]. Communications with Insomniac Games Inc may be monitored and recorded.