Privacy Policy

This Privacy Policy sets out the privacy policies and practices for Hothead Games Inc., a British Columbia corporation and its subsidiaries and affiliates (collectively “Hothead” “we” or “us”) with respect to the collection, use, and disclosure of your personal and non-personal information through any tool, websites, applications, products or services we provide  collectively, the “Services”). For purposes of clarity, when we refer to a “device” in this Privacy Policy, we mean any device, including desktop, laptop, PC or Mac computers, smartphones, tablets, or any other device that is used to access or interact with the Services. By accessing or using our Services , you agree to the terms of this Privacy Policy and you expressly consent to the collection, use and disclosure of your personal and non-personal information in accordance with this Privacy Policy as a condition of your use This Privacy Policy is subject to and governed by our Terms of Service (the “Terms”), available at https://hotheadgames.com/termsofuse/. Your use of the Services is subject to your continued compliance with, and agreement to, the Terms.

 

COLLECTION OF PERSONAL INFORMATION

Hothead generally collects your personal information through:

  1. your access to and use of Hothead software applications for devices (“Hothead Applications”),
  2. your access to and use of any tools developed by Hothead,
  3. your access to and use of Hothead’s website (www.hotheadgames.com) (the “Website”),
  4. any interactions that you have with Hothead (for example, by contacting or submitting information to Hothead for any purpose), and
  5. third-party organizations, including those that distribute Hothead Applications or who
    process payments for in-app purchases within the Hothead Applications (including,
    without limitation, Apple, Google and Amazon), our advertising partners (including,
    without limitation, advertising networks, many of which are specifically listed below),
    and credential management partners (including, without limitation, Facebook). The
    type of information that we collect in these circumstances will vary depending on the
    third party and the type of Hothead Application, but will generally include contact and demographic information such as your name and email address, age, user ID, account or registration information and location information. When you use a social media credential to log in, additional information we receive may include your public profile (including photo) and friends list.

Personal information is any information that relates to an identified or identifiable natural person. This might include your name, address, email address or phone number, and sign-in information for third-party social networking services. The personal information that Hothead collects will vary depending on the Services that you are using, including the Website or Hothead Applications, and how you access and use those our Services, but may include your name, contact information (such as email address, mailing address, fax number, and telephone number), demographic information (such as gender, age, and occupation), your device’s IP address, unique device identifier, MAC address, billing, financial account info or other transactional or identifier information regarding your device or systems, geolocation information, “cookies”, social media information, and personal preferences. This information may also include the date, time, length of time you used or played any Hothead Applications, the features of Hothead Applications that you used, your game progress, and other game-related statistics.

Hothead may also collect and analyze non-personal information to evaluate how users use the Website or Hothead Applications. Such non-personal information may include general technical information about your computer, device, hardware, or software that you use to access the Website or Hothead Applications, requested pages, referring pages, or any of the information described above in circumstances where that information does not relate to an identified or identifiable natural person.

We may also obtain additional information about you from third parties such as marketers, partners, researchers, and others. We may combine information that we collect from you with information about you that we obtain from such third parties and information derived from any other subscription, product, or service we provide.

 

COOKIES

Hothead and third parties working on Hothead’s behalf may employ cookies and related technologies to store information on or read information from your browser or device. The technologies used for these purposes may include: (i) cookies; (ii) web beacons; (iii) tracking pixels; and/or (iv) local shared objects (also known as Flash cookies). Some of these cookies may lead to us collecting personal information about you and we may collect information to provide personalized ads. Third-party advertisers (and the ad networks they use) who place ads within the Services may use cookies or related technologies to deliver ads.

 

What Technologies We Use

Cookies

  • A cookie is a small file stored on your computer or other device. A cookie enables the entity that put the cookie on your device to recognize it across different websites, services, devices, and browsing sessions. By storing such information, cookies can, among other things, remember your preferences and settings for the Services and helps us analyze how you use the Services.

Web Beacon/Pixel Tags

  • Web beacons or pixel tags and similar technologies are small bits of code, which are embedded in web pages, ads, and e-mail, that communicate with third parties. Pixel tags can collect information such as the Internet Protocol (“IP”) address of the computer that downloaded the page on which the web beacon appears; the URL of the page on which the pixel tag appears; the time the page containing the pixel tag was viewed; the type of browser that fetched the pixel tag; and the identification number of any cookie on the computer previously placed by that server. We may use web beacons, for example, to count the number of users who have visited a particular web page, to deliver or communicate with cookies, and to understand usage patterns. We also may include web beacons in e-mails to understand whether messages have been opened, acted on, or forwarded.

Other Technologies

  • There are other local storage and Internet technologies, such as Local Shared Objects (also referred to as “Flash cookies”) and HTML5 local storage that operate similarly to the cookies discussed above in that they are stored on your device and can be used to store certain information about your activities and preferences across different services and sessions.
  • Please note that these technologies are distinct from cookies, and you may not be able to control them using standard browser tools and settings. For information about disabling or deleting information contained in Flash cookies, please click [here]

 

PURPOSE FOR PROCESSING PERSONAL INFORMATION

Hothead may process (for example, collect, use and disclose) information, including personal information, in the following ways:

  • to develop, deliver, maintain and improve Hothead Applications, the Website and other Hothead products and services and to better tailor them to meet the needs of Hothead’s users, customers and potential customers (including for analytics purposes);
  • to develop, deliver, maintain and improve Hothead’s marketing and promotional efforts and manage its relationship with you; for third parties to provide Hothead and you with their products and services including, without limitation, advertising, making ad targeting decisions, conducting audience segmentation and targeting in connection with online behavioral advertising, providing monetization services, maintaining their services, improving their services, and analyzing the marketplace for their services as well as for the performance of their services, researching and developing new services, fraud prevention, bot detection, quality rating, analytics, and enhancements. If you are interested in who we share your information with and what information is shared with them, you may request further information from our Privacy Officer at privacy@hotheadgames.com;
  • optimization, viewability, geolocation services, ad security, ad verification services, and service misuse prevention;
  • to create and share statistics and reports regarding aggregate usage of Hothead Applications;
  • to enable user-to-user communications;
  • to credit or accept payments;
  • to provide technical support and respond to inquiries or feedback;
  • to communicate with you in connection with Hothead Applications or the Website;
  • to assist law enforcement agencies with the investigation of actual or potential fraud or other offences as we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain;
  • for any other purpose in connection with Hothead’s or a third party’s legitimate business interests (including in connection with the actual or potential sale, reorganization, assignment, transfer, liquidation or other disposition or management of all or part of its business, assets, stock or operations), such third parties may include without limitation an acquiring entity and its employees and advisors;
  • to establish or exercise legal rights or defend against legal claims; and
  • as otherwise required or permitted by

Any of the foregoing may involve our combining the personal information we collect with personal information collected by third parties, such as our advertising partners, business partners and services providers.

 

SOCIAL ACTIVITIES

By using the Services, you may elect to disclose Personal Information on or within Hothead Applications, message boards, chat, profile pages, blogs and other services to which you are able to post information and content (including, without limitation, our social media pages).  Please note that any information you post or disclose through these services will become public and may be available to other users and the general public. When you connect your Services account with your social media account, you will share information with your friends associated with your social media account, with other users, and with your social media account provider. By doing so, you authorize us to facilitate this sharing of information, and you understand that the use of such shared information will be governed by the social media provider’s privacy policy

 

INFORMATION SHARING

In certain circumstances, we provide your information to other companies that perform Services on our behalf, or third parties may collect your personal information in connection with your access to and use of the Hothead Applications or the Website. For example, we may employ service providers to process payments; host or store our data; deliver email messages or analyze data. We also work with advertising partners, who may collect the personal information or use tracking technology to process personal information in accordance with its privacy policy, as it exists and may be amended from time to time. Please see a list of our advertising partners here, which is updated from time to time, and visit their privacy policies for further information. If you have further inquiries about the service providers we work with and the information that we provide them, please contact our Privacy Officer, whose information is provided at the bottom of this Privacy Policy.

We may further share your information for:

(a) Safety, security, and legal compliance:

  • When we have a good faith belief that we are required to disclose the information in response to legal process (e.g., if we receive a court order, search warrant, subpoena, or similar legal process);
  • To satisfy any applicable laws or regulations;
  • If we believe that any of our Services is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction;
  • When we have a good faith belief that there is a meaningful risk that poses a threat to the safety of you, another person or the public generally; and
  • In order to protect the rights or property of Hothead, including to enforce the terms and licenses that govern the use of the Services.

(b) Sale or merger: In the event that Hothead explores or undergoes a business transition, such as a merger, acquisition by another company, transfer of control, or sale of all or a portion of its assets, we may share or transfer all of your information, including personal information.

(c) De-identified and/or aggregated information: Some of the information we collect does not directly identify you or your device. We may modify other information that can identify you or your device to limit or prevent such identification by de-identifying it or aggregating it. We can share de-identified and/or aggregated information with any third party without restriction and use it for any purpose.

 

LEGAL BASIS FOR PROCESSING PERSONAL INFORMATION

We rely on your consent to serve as the legal basis for our processing of your personal information in accordance with this Privacy Policy. The legal basis for our collection and use of your personal information also include t We may occasionally rely on other legal bases in order to process your personal information in certain ways, for example where the processing is necessary in order to comply with a legal obligation to which Hotheads is subject. Where consent serves as the legal basis for our processing of your personal information, you may withdraw your consent at any time, without affecting the lawfulness of processing based on consent prior to that withdrawal, by notifying Hothead’s privacy officer (contact at the bottom of this Privacy Policy).

 

RETENTION OF PERSONAL INFORMATION

Hothead will retain personal information:

  • in relation to a Hothead Application, until we permanently discontinue the Hothead Application (we assume you want to be able to restore your activity with respect to the Hothead Application at any time, so we only delete information where we are discontinuing the Hothead Application and have decided to never restore it); and
  • otherwise, only as long as necessary for the purposes outlined in this Privacy Policy or as required or permitted by law.

 

DISCLOSURE OF PERSONAL INFORMATION

Hothead may disclose your personal information to the following organizations or types of organizations:

  • third party service providers and Hothead’s affiliated entities who carry out work on behalf of, or provide products and services to, Hothead,
  • law enforcement agencies,
  • legal, financial, insurance, and other advisors, and
  • as otherwise required or permitted by law.

Hothead will not use or disclose personal information for purposes other than those for which it was collected, except with your consent or as required or permitted by law. Hothead acts as the controller in relation to your personal information, but there may be some circumstances in which a third-party recipient of that information may also act as the controller of that information.

 

YOUR RIGHTS

When appropriate, you may request to (i) opt-out of receiving communications from Hothead, (ii)remove your personal information from Hothead’s records, or (iii) elect to no longer receive information from Hothead. If you wish to opt-out in the manner as listed above, please contact Hothead’s privacy officer (contact at the bottom of this Privacy Policy). You may also be able to opt out of the collection and use of your information by third parties for ad targeting purposes through avenues such as http://www.aboutads.info/choices. In certain cases, we will inform you where you can choose to use the Services in a manner that limits the data we collect. For example, you can opt out of communications like email, by following the instructions in any marketing message you receive. However,

  • we reserve the right to send a message confirming your opt-out, whether it applies to email or SMS messages; and
  • if you opt-out of marketing messages may still receive administrative, relationship, or transactional messages (including, without limitation, notices about changes to our Terms or changes to the functionality of a product or Service).

In addition, you may have the right in certain circumstances under privacy laws to request from Hothead:

  • access to,
  • rectification or erasure of,
  • restrictions in relation to the processing of (including in relation to direct marketing), and
  • data portability in relation to, the personal information that we hold about you.

Please contact Hothead’s privacy officer in order to make such a request.

 

PRIVACY OF CHILDREN

Hothead does not knowingly collect personal information from children under 16 without appropriate parental notice and consent. If you are under 16, please do not attempt to use the Hothead Applications or the Website or send any information about yourself to Hothead, including your name, address, telephone number, or email address. No one under age 16 may provide any personal information to Hothead. In the event that Hothead learns that it has collected personal information from a child under age 16 without verification of parental consent, Hothead will delete that information as quickly as possible. If you believe that Hothead might have any information from or about a child under 16, please contact Hothead’s privacy officer.

 

SECURITY

Hothead takes steps to protect the loss, misuse, and alteration of the personal information that it holds. Hothead seeks to limit access to personal information to individuals who Hothead reasonably believes need to access the information to utilize the information as set out in this Privacy Policy. However, it is possible that any information transmitted via the Internet may be intercepted by unknown third parties. Please note that no system can be guaranteed to be 100% secure. Therefore, while we strive to employ reasonable protections for your information that are appropriate to its sensitivity, we cannot guarantee or warrant the security of the information you share with us and we cannot be responsible for the theft, destruction, loss or inadvertent disclosure of your information.

 

COMPLAINTS

You may direct a written complaint regarding compliance with this Privacy Policy to the Privacy Officer at privacy@hotheadgames.com and, within a reasonable time upon receiving the written complaint, the Privacy Officer will conduct an investigation into the matter. Within a reasonable time of concluding the investigation, the Privacy Officer will inform you whether the complaint will be allowed or denied. If the Privacy Officer allows the complaint, Hothead will take appropriate measures necessary to rectify the source of the complaint. Separately, you may also be able to lodge a complaint with a supervisory authority or privacy commissioner of your applicable jurisdiction.

 

“DO NOT TRACK”

We are committed to providing you with meaningful choices about the information collected on our Services for third-party purposes, and that is why we provide information in our Cookie Policy about how to prevent the delivery of targeted ads, and information in this policy about how to prevent Google Analytics and Twitter from collecting information. We do not, however, recognize or respond to browser-initiated Do Not Track signals, as the Internet industry is currently still working on Do Not Track standards, implementations, and solutions. To learn more about Do Not Track signals, you can visit allaboutdnt.com.

 

INTERNATIONAL DATA TRANSFER

Under the General Data Protection Regulation (GDPR) and other data protection laws, information about you may only be transferred the European Economic Area (EEA) to outside the EEA if adequate data protections are in place. Our Services are managed by Hothead’s headquarters in Canada. As the European Commission considers Canada to be a country which provides adequate data protection, information about you may be transferred from the EEA to Canada.

Hothead also uses third-party service providers, such as managed hosting providers, credit card processors, and technology partners to provide the software, networking, infrastructure and other services required to operate the Services. These third-party providers may process or store personal data on servers outside of the EEA and Switzerland, including in Canada or the US. We rely on adequacy (if sent to Canada), the service provider’s registration in the EU-US Privacy Shield and Swiss-US Privacy Shield (if sent to the US), and/or standard contractual clauses (if sent to the US or onward to other countries) to ensure that information about you is lawfully transferred under EU law.

The third-party service providers we use to help us deliver the Services and which process your information are listed in the above section named “Information Sharing”

By visiting our Website or using our Services, you acknowledge and agree that your personal information may be collected, used, disclosed and otherwise processed for the purposes identified in this Privacy Policy. In addition, your personal information may be maintained and processed by Hothead and our third-party service providers and affiliates in the country in which it was collected and in other countries, including the United States, where laws regarding the processing of personal information may be less protective than the laws in your country. While the personal information is processed in another jurisdiction it may be accessible by the courts, law enforcement and national security authorities in accordance with the laws in that country. By providing your information or using our Website and Services, you consent to such processing and transfer.

 

CALIFORNIA & EU PRIVACY RIGHTS

California Civil Code Section 1798.83 allows users who are California residents and have provided their personal information to us to request information about our disclosures of certain categories of personal information to third parties for their direct marketing purposes. To make such a request, please contact our Privacy Officer at privacy@hotheadgames.com or write to us at Hothead Games, Inc., 1555 W Pender St., Vancouver, BC, Canada V6G 2T1. Any such request must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code.

Within 30 days of receiving such a request, we will provide a list of the categories of personal information disclosed to third parties for third-party direct marketing purposes during the immediately preceding year, along with the names and addresses of those third parties. This request may be made no more than once per calendar year.

California Consumer Privacy Act (“CCPA”) provides California residents certain rights with respect to their personal information, including the right to request the identity of any third parties to whom the resident’s personal information was shared, if such sharing was to enable the third party’s direct marketing efforts. If you are a California resident and wish to make such a request or wish to opt-out of having your personal information shared with third parties for their direct marketing purposes, please submit your request to Privacy@hotheadgames.com or write to us at Hothead Games, Inc., 1555 W Pender St., Vancouver, BC, Canada V6G 2T1. Any such request must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Other rights provided by the CCPA includes:

  • A right to transparent notice about the collection of your data;
  • A right to know what personal information Hothead holds about you, including where we obtain it and the categories of third parties with whom we share it;
  • A right to request deletion of personal information in certain circumstances;
  • A right to opt-out of sales of personal information;
  • An ability to appoint a third-party representative to assist you with exercising your rights, provided that Hothead may ask to verify your identity and such representatives authority and;
  • A right not to be discriminated against for exercising your rights.

Please note that Hothead does not discriminate in its provision of Services to you based on exercising your rights.

Your requests to delete data is limited to data that Hothead is not allowed to retain under the CCPA.  Hothead may retain data for certain purposes, including completing transactions for you or reasonably related to completing transactions for you, detecting security incidents, illegal activity and fraud, maintaining our systems, complying with applicable law and legal obligations, engaging in public or peer reviewed research provided we comply with applicable ethics and privacy laws related to such research, or enabling solely internal purposes such as financial recordkeeping. 

If you are a European Union resident, the General Data Protection Regulation provides certain rights to you with respect to your personal data. Where Hothead is a data controller, you have the following rights:

  • Right to Access – You have the right to request Hothead provide you with a copy of your personal data.
  • Right to Rectification (Correction) – You have the right to request Hothead to correct any information about you that you believe is incorrect. You also have the right to request Hothead to complete information about you that you believe is incorrect.
  • Right to Erasure (Deletion) – You have the right to request Hothead to erase your personal data, under certain conditions.
  • Right to Restrict Processing – You have the right to request Hothead to restrict the processing of your personal data, under certain conditions.
  • Right to Object to Processing – You have the right to object to Hothead’s processing of your personal data, under certain conditions.
  • Right to Data Portability – You have the right to request Hothead to transfer your personal data that we have collected to another organization, or directly to you, under certain conditions.
  • To exercise the above rights, email Privacy@hotheadgames.com (or contact us as indicated in the ‘Contact Us’ section below).

In addition, where our processing activities in respect of your Personal Data are subject to the GDPR, you may lodge a complaint with a European Union supervisory authority. If you do have a complaint, we would appreciate the chance to deal with your concerns before approaching your supervisory body, so please contact us at privacy@hotheadgames.com or write to us at Hothead Games, Inc., 1555 W Pender St., Vancouver, BC, Canada V6G 2T1 and include “EU Privacy Rights Request” and your name, street address, city, state, and ZIP code in the request if you wish to discuss any complaint.

 

LINKS

Hothead is not responsible for the privacy practices of other websites, games or applications, including those that you access via a link provided in the Hothead Applications or on the Website. Hothead encourages you to read the privacy policy of websites, games or applications operated by third parties. This Privacy Policy applies solely to information collected by Hothead in accordance with the section above entitled “collection of personal information”.

 

CHANGES TO THIS PRIVACY POLICY

Hothead may update this Privacy Policy from time to time. It is your responsibility to periodically review this Privacy Policy to remain informed of Hothead’s current privacy practices. Your continued access to or use of the Website and Hothead Applications after such update constitutes your acceptance of this Privacy Policy as amended.

 

CONTACT

If you have any questions about this Privacy Policy, Hothead’s privacy practices in connection with the Website or Hothead Applications, please contact Hothead’s Privacy Officer as follows:

Hothead Games Inc.
Attention: Privacy Officer
Address: 1555 W Pender St., Vancouver, BC, Canada V6G 2T1 email: privacy@hotheadgames.com

Version 4.0
Last updated: December 3, 2020