Privacy Policy

Effective as of December 5, 2012

We at TreSensa, Inc. (“TreSensa,” “we,” “us,” or “our”) have created this privacy policy (this “Privacy Policy”) because we know that you care about how information you provide to us is used and shared.  TreSensa owns and operates a proprietary development platform (the “Platform”), which empowers game developers to author, publish, operate, and monetize casual/social games (“Games”) across the Internet, mobile devices, and connected televisions.  TreSensa also operates the Platform at the website it owns located at www.tresensa.com, and owns a variety of websites that enable end users to play certain of the Games, which include, without limitation, www.tresensa.com and www.mobilewebarcade.com  (collectively, the “Websites”).

This Privacy Policy relates to the information collection and use practices of TreSensa in connection with our Platform and Websites, and it applies whether you are a visitor (“Visitor”) to our Websites, a game developer who has registered with us to use our Platform (“Developer”), or an end user of any Game created and/or run on our Platform (“End User”).

By visiting our Websites, using our Platform, and/or playing a Game: (i) you are agreeing to the terms of this Privacy Policy; (ii) Visitors and End Users are agreeing to the accompanying Terms of Use; and (iii) Developers are agreeing to the accompanying TreSensa Platform Terms of Service.

End Users should be aware that when they play a particular Game, they may also be agreeing to the applicable Developer’s privacy policy and terms of use.  We encourage End Users to review those policies.

 

The Information We Collect and/or Receive

In the course of operating the Websites and the Platform, TreSensa will collect (and/or receive from Developers, Visitors and/or End Users) the following types of information.

1. Personal Information 

When you sign up to become a registered Developer, you will be required to provide us with personal information about yourself, such as your name, address, e-mail address, and phone number.  When an End User signs up to access and play a Game that is offered on our Platform, the End User may be required to provide us and the applicable Developer certain personal information, such as name and e-mail address.  Similarly, when an End User signs up with a Developer or a third-party game portal/store/marketplace to access and play a Game, the End User may be required to provide the Developer and/or such third-party certain personal information.  Although the type of personal information an End User may be required to provide could vary among the different Developers and third-party platforms, End Users will likely need to provide, at a minimum, his or her name and e-mail address.  We do not collect any personal information from Visitors when they use the Websites unless they provide such information voluntarily, such as by registering or sending us an e-mail or signing up for a newsletter.  All information we collect and/or receive under this section is collectively called “Personal Information.”

By signing in to the Websites and/or the Platform or electing to use in-Game services (e.g., social leader boards) with your access credentials from Facebook, Twitter, Google, StackExchange, or other site, you are authorizing TreSensa to collect, store, and use, in accordance with this Privacy Policy, any and all Personal Information and Other Information (as defined below) that you agreed that such third party could provide to us through that third party’s application programming interface (“API”).  Such information may include your first and last name, username, profile picture, unique identifiers and access tokens, and e-mail address.

2. Billing Information

When Developers sign up to use the Platform, they will be required to provide certain information in addition to the Personal Information noted above.  Such information may include a debit card number, credit card number, expiration date, billing address, activation codes, and similar information.  Similarly, in order for End Users to play certain Games or make in-Game purchases, they will be required to provide similar information.  Such information is collectively called the “Billing Information.”

3. Geolocational Information

Certain Games offer features and functionalities based on an End User’s location.  In order to provide these features and functionalities while an End User is using a mobile device, we may, with an End User’s consent, automatically collect geolocational information from that End User’s mobile device, his or her wireless carrier, and/or certain third-party service providers (“Geolocational Information”).  Collection of such Geolocational Information occurs only when the Games are running on an End User’s mobile device.  End Users may decline to allow us to collect such Geolocational Information, in which case TreSensa will not be able to provide certain Game features or functionalities to that End User.

4. Other Information

In addition to the Personal Information, the Billing Information, and the Geolocational Information, we may collect and/or receive additional information (collectively, the “Other Information”).  Such Other Information may include:

a. From Developers and End Users.  Additional information about yourself that you voluntarily provide to us and/or any Developer, such as your hobbies, personal interests, household income range, number of children, gender, and product and service preferences.

b. From Developers’ and End Users’ Activity.  Information that we automatically collect when Visitors visit the Websites, when Developers use the Platform, and when End Users play the Games.  Such information includes, without limitation:

  • IP addresses, browser type and language, referring and exit pages and URLs, date and time, amount of time spent on particular pages, what sections of the Websites Visitors visit, etc.;
  • Information about a mobile device, including universally unique ID (“UUID”), platform type and version (e.g., iOS or Android), carrier and country location, hardware and processor information (storage, chip speed, camera resolution, NFC enabled, and network type (WiFi, 2G, 3G, 4G);
  • Number and types of Games developed, features and functionalities of the Games, etc.;
  • Game activity and usage, including in-Game purchase history, survey responses, preferences, session lengths, etc.

c. From Cookies.  Information that we collect using “cookie” technology.  Cookies are small packets of data that a website stores on your computer’s or mobile device’s hard drive so that your computer will “remember” information about your visit.  We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to help us collect Other Information and to enhance your experience using the Websites, the Platform, and the Games.  If you do not want us to place a cookie on your hard drive, you may be able to turn that feature off on your computer or mobile device.  Please consult your Internet browser’s documentation for information on how to do this and how to delete persistent cookies.  However, if you decide not to accept cookies from us, the Websites, the Platform, or the Games may not function properly.  When the Games are made available to End Users through Facebook and/or other third-party social media sites (“Social Media Sites”), please be aware that these other sites maintain their own policies regarding cookies and the collection and use of information.  You are responsible for reviewing those policies.

d. From Other Sources.  Information that we collect or receive from other sources, such as Social Media Sites on which End Users have played a Game in accordance with their terms of use and privacy policies.

The Information Collected by or Through Third-Party Companies

We may share Other Information about your activity on the Websites, the Platform, and the Games with third parties for the purpose of tailoring, analyzing, managing, reporting, and optimizing advertising and/or game services you see on the Websites, the Platform, the Games, and elsewhere.  These third parties may use cookies, pixel tags (also called web beacons or clear gifs), and/or other technologies to collect such Other Information for such purposes.  Pixel tags enable us, and these third-parties, to recognize a browser’s cookie when a browser visits the site on which the pixel tag is located in order to enable such things as tailoring appropriate advertisements and/or game services.

 

Accessing and Modifying Personal Information and Communication Preferences

Developers who have registered to use the Platform may access, review, and make changes to their Personal Information, Billing Information, and certain Other Information by editing their account on the Platform.  End Users wishing to do so should follow the instructions found in the applicable Developer’s privacy policy.  In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any TreSensa marketing email.  Developers cannot opt out of receiving transactional e-mails related to their account.  We will use commercially reasonable efforts to process such requests in a timely manner.  You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases.

How We Use and Share the Information 

We use the Personal Information, the Billing Information, the Geolocational Information, and the Other Information to provide our services to Visitors, Developers, and End Users; process orders; solicit your feedback; inform you about our products and services and those of our third-party marketing partners; to administer our rewards and promotional programs; and to improve our Websites, Platform, and services to you.  Also, we may share Personal Information, Billing Information, Geolocational Information, and/or Other Information as described below.

We share End Users’ Personal Information, Billing Information, Geolocational Information, and Other Information with the applicable Developers and their agents to provide you with access to the Games that you have selected or purchased.  As noted above, because we do not control the privacy practices of these Developers, we encourage End Users to read and understand their privacy policies.

In order to provide our services and administer our rewards and promotional programs, we may share your Personal Information and Other Information with our third-party promotional and marketing partners, including, without limitation, businesses participating in our various programs.

We may from time to time share Personal Information and/or Other Information with other companies who may provide you information about the products and services they offer.  However, to the extent required by law, you will be given the opportunity to opt-out of such sharing.

Third-party applications or services may access your Personal Information if you give them explicit permission to do so.  TreSensa uses OneSite to enable you to give permission to share your Personal Information with other websites and services, such as Facebook and Twitter (e.g., when you agree to a pop-up requesting you to allow another application to access your account information).  We also use OneSite to allow us to share information about you that is stored by us without sharing your security credentials.

In an ongoing effort to better understand Visitors, Developers, and End Users, we may analyze the Other Information and the Geolocational Information in aggregate form in order to operate, maintain, manage, and improve our Websites, our Platform, the Games, and our services.  This aggregate information does not identify you personally.  We may share this aggregate data with our affiliates, agents, and business partners. We may also disclose aggregated user statistics in order to describe our products and services to current and prospective business partners and to other third parties for other lawful purposes.

We may employ other companies and individuals to perform functions on our behalf.  Examples may include providing marketing assistance, information technology support, and customer service.  These other companies will have access to the Personal Information, the Billing Information, the Geolocational Information, and the Other Information only as necessary to perform their functions and to the extent permitted by law.

We may share some or all of your Personal Information and/or Other Information with any of our parent companies, subsidiaries, joint ventures, or other companies under common control with us.

If we or all or substantially all of our assets are acquired, we expect that the Personal Information, the Billing Information, the Geolocational Information, and the Other Information would be transferred along with the other business assets.

To the extent permitted by law, we may also disclose Personal Information, the Billing Information, the Geolocational Information, and the Other Information when required by law, court order, or other government or law enforcement authority or regulatory agency, or whenever we believe that disclosing the such Information is necessary or advisable, for example, to protect the rights, property, or safety of TreSensa or others.

How We Protect Your Information

We take commercially reasonable steps to protect the Personal Information, the Billing Information, the Geolocational Information, and the Other Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction.  We use industry-standard SSL (“Secure Socket Layer”) encryption technology, a secure server, and other physical and procedural safeguards to protect the security of such information.  Please understand, however, that no security system is impenetrable.  We cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to and from us over the Internet. In particular, e-mail may not be secure, and you should therefore take special care in deciding what information you provide to us.

 

Important Notice to Non-U.S. Residents

The Websites and the Platform are operated in the United States.  If you are located outside of the United States, please be aware that any information you provide to us will be transferred to the United States.  By using the Websites, the Platform, or the Games and/or providing us with any information, you consent to this transfer.

Children

We do not knowingly collect Personal Information from children under the age of 13 through the Websites, the Platform, or the Games.  If you are under 13, please do not give us any Personal Information.  We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children to never provide Personal Information through the Websites, the Platform, or the Games without their permission.  If you have reason to believe that a child under the age of 13 has provided Personal Information to us, please contact us, and we will endeavor to delete that information from our databases.

 

California Residents

Under California Civil Code Section 1798.83, California residents who have an established business relationship with TreSensa may choose to opt out of our sharing your Personal Information with third parties for direct marketing purposes.  If you are a California resident and (1) you wish to opt out; or (2) you wish to request certain information regarding our disclosure of your Personal Information to third parties for the direct marketing purposes, please send an e-mail to privacy@tresensa.com or write to us at:

TreSensa, Inc.

Attention: Privacy Inquiry

443 Park Avenue South, Suite 601

New York, New York 10016

External Websites

The Websites, the Platform, and the Games may contain links to third-party websites.  TreSensa has no control over the privacy practices or the content of any of our Developers, partner companies, advertisers, sponsors, or other websites to which we provide links.  As such, we are not responsible for the content or the privacy policies of those third-party websites.  You should check the applicable third-party privacy policy and terms of use when visiting any other websites.

Changes to This Privacy Policy

This Privacy Policy is effective as of the date stated at the top of this Privacy Policy.  We may change this Privacy Policy from time to time, and will post any changes on the Websites as soon as they go into effect.  By visiting the Websites, accessing the Platforms, and/or playing the Games after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes.  Please refer back to this Privacy Policy on a regular basis.

How to Contact Us

If you have questions about this Privacy Policy, please e-mail us at privacy@tresensa.com.