As used in this Privacy Notice, “Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household, such as:
- Identifiers (e.g., real name, alias, address, username, IP address, email address)
- Protected Information (e.g. race, citizenship, marital status, sex)
- Biometric information (e.g., DNA, face/voice prints, health data) and audio, electronic, visual, thermal, or olfactory information;
- Commercial information (e.g., products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies);
- Employment-related information (e.g. current or past employment);
- Non-public educational information, including information protected under the Family Educational Rights and Privacy Act (20 U.S.C. §1232g, 34 C.F.R. Part 99);
- Internet activity (e.g., interactions with a website, content, or advertisement);
- Inferences drawn from Personal Information to create a profile about preferences, characteristics, trends, predispositions, behavior, attitudes, intelligence, and aptitudes;
- Sensitive Personal Information (e.g. social security or government identification number; precise geolocation; racial or ethnic origin; religious beliefs; health information; information related to sex life or sexual orientation; union membership; contents of mail, email or text messages when we are not the recipient).
Personal Information does not include: (i) publicly available information; (ii) aggregate information, meaning data about a group or category of services or users from which individual identities and other Personal Information has been removed; or (iii) deidentified information that cannot reasonably be used to infer information about, or otherwise be linked to, a particular consumer.
The Services are designed for use by individuals ages 16 and older. OMG does not knowingly collect Personal Information from children under 16 or from minors subject to heightened privacy protections according to the laws of their jurisdiction (in each case, a “Minor”). If we discover that a Minor has provided us with Personal Information, we will delete that information from our systems. If you believe we might have any information from or about a Minor, or if you become aware of an unauthorized submission of information to OMG, please contact us at email@example.com.
Collection And Use of Personal Information
During the preceding 12 months, we have collected these categories of Personal Information:
- Protected information
- Internet or other similar activity
- Commercial information
- Sensitive personal information
As set out in more detail below, OMG collects Personal Information directly from you, from third parties, and automatically from your use of the Services.
- Directly from you when you register with OMG, with your consent. When you register to play our games or update your player profile, we collect your identifiers like your name, email address, and player handle. In some cases, you may have the option to input certain protected information like your age, gender, and country location. You may also choose to provide us with commercial and other information about yourself such as your interests and services preferences. We use this information to allow you to play our games, manage your use of the Services, tailor your experience, and communicate with you.
- From game publishers offering our games and other third-party platforms, with your consent. If you access an OMG game through a game publisher, we may receive your Personal Information from that game publisher. If you link to the Services, play our games, or engage with OMG content via a social networking platform or other third-party platform or grant us permission to access your data on other platforms, we may receive certain Personal Information about you from those third parties. You consent to our collection and use of this information when you choose to access OMG games through the game publisher, link from the third-party platform, or grant us access to your third-party account. We use this information to allow you to play our games, manage your use of the Services, and communicate with you. If you publicly reference our Services on a third-party platform (e.g. tweet, post, or hashtag), we may use your reference on or in connection with the Services. OMG may, at our option, convert your access to our games from the game publisher account to an OMG player account.
- Directly from your use of the Services, with your consent. If you play our games from a mobile device, we may collect Sensitive Personal Information in the form of your precise geolocation information with your consent. If you participate in a chat, connect or interact with friends on the Services, or use certain other game features, we will collect any Personal Information you input to the Services using those features. We collect this information with your consent when you input the information into the Services, and we use it to enable your use of these features and tailor your experience.
- Directly from you when you communicate with us, with your consent. If you contact us about the Services, submit a player support ticket, provide feedback or comments, participate in a survey, or request customer support, we will collect your identifiers, any Personal Information you include in those messages, and other information necessary to respond to your inquiry. When you voluntarily submit information to us through the Services that we do not request, you are solely responsible for such information. We use this information to respond to your inquiry, provide you with the support or Services you request, and send you marketing communications.
OMG does not collect any payment information. All purchases and payments made through the Services are processed using a PCI-compliant payment processor. If you use a game publisher to access our games, that game publisher may collect your payment information, but OMG will not have access to it. In that case, please direct any questions about billing or payment to the game publisher.
Retention of Personal Information
OMG retains all categories of Personal Information we collect for as long as your account is active or as necessary to provide you with the Services you request. We regularly review and deidentify unnecessary Personal Information and other data and we periodically deidentify unused accounts.
In addition to the uses specified above, we may also use your Personal Information to:
- Monitor your compliance with any of your agreements with us.
- Prevent fraud and security incidents.
- If we believe it is necessary, to identify, contact, or bring legal action against persons or entities who may be causing injury to you, to us, or to others.
- Comply with a law, regulation, legal process, or court order.
- Fulfill any other purpose to which you consent.
Disclosing Personal Information
OMG will only disclose Personal Information as described in this section, with your permission, or as required by law. In the preceding 12 months, OMG has disclosed the following categories of Personal Information for a business purpose:
- Internet or other similar activity
- Commercial information
OMG may disclose Personal Information to the following recipients:
- Other players and the public. Social features are a core component of our games. Your profile data, in-game activities and the messages you have posted may be visible to other players and users of our Services. Through OMG’s Refer a Friend feature, another player may provide us with your name, player name, and email address on your behalf to invite you to play a game. Also, your public profile information and content you post to public areas of the Services may be viewable, searchable, or otherwise shared with the public. You are solely responsible for any information you make public. Once you have posted information, you may not be able to edit or delete such information on your own and others may collect, use or share that information for their own purposes.
- Service Providers. OMG’s service providers may have access to your Personal Information in order to perform their contractual obligations to us. OMG uses a variety of services providers such as data hosting companies, player support vendors, analytics services, fraud prevention vendors, and payment processors. The type of information that we share with a service provider will depend on the service that they provide to us. Our service providers are subject to contractual agreements that protect your Personal Information, and we require all service providers to maintain confidentiality standards that are commercially reasonable to ensure the security of your Personal Information.
- Promotions. If you voluntarily enter a promotion via the Services, OMG will share information as set out in the promotion’s official rules, as well as for administrative purposes or as required by law (e.g., on a winners list). By entering a promotion, you agree to the official rules that govern that promotion, and may, except where prohibited by applicable law, allow the sponsor and/or other parties to use your name, voice and/or likeness in advertising or marketing materials.
- Affiliates and Business Partners. We work with business partners offering co-branded services like selling or distributing our Services or engaging in joint marketing efforts. We may disclose the Personal Information we collect about you to these business partners or to our affiliates like our parent company or subsidiaries. For example, we share Personal Information for customer support purposes, marketing, or technical operations.
- Law enforcement, and other governmental agencies, at our sole discretion in connection with an investigation of any matter that is illegal or that could expose OMG or our subsidiaries to liability.
- Other Third Parties, as permitted by applicable law, for example: if we go through a business transition (e.g., merger, acquisition, or sale of a portion of our assets); to comply with a legal requirement or a court order; when we believe it is appropriate in order to take action regarding illegal activities or prevent fraud or harm to any person; to exercise or defend our legal claims; or for any other reason with your consent.
Aggregated and Deidentified Information
We reserve the right to disclose aggregated, anonymized, or deidentified information about any individuals with our trainer, training managers, speakers, rights holders and other partners, as well as with nonaffiliated entities for marketing, advertising, research or other purposes, without restriction. For example, we may share reports showing trends about the general use of our Services without identifying any particular individual.
Your Privacy Rights and controls
OMG provides you with a variety methods and options to directly control how we collect and use your Personal Information, including but not limited to:
- Account and Device Settings. You have the option to access, correct or update, or delete certain Personal Information through your account settings. You can also control the data we collect automatically by adjusting your device settings or selections on your third-party accounts. Note that if you delete or ask OMG to delete your Personal Information, we may retain a confidential copy if needed to achieve our legitimate business purposes in compliance with applicable law.
- Texting Consent. By providing us with your wireless phone number, you consent to OMG sending you text messages for informational or authentication purposes. The number of texts that we send to you will be based on your circumstances and requests. You can unsubscribe from text messages by replying STOP or UNSUBSCRIBE to any of these text messages. Messaging and data charges may apply to any text message you receive or send. Please contact your wireless carrier if you have questions about messaging or data charges.
- Marketing Communications. We may send you marketing communications by email or other means in compliance with applicable law. As part of our policy to provide you total privacy, you may opt-out of receiving marketing communications from OMG at any time by clicking the “Unsubscribe” button contained in any email or by sending a request to firstname.lastname@example.org to be removed from our marketing email list.
- Opt-Out of Interest Based Ads. You may also limit our use of information collected from or about your mobile device for purposes of serving online behavioral advertising to you by going to your device settings and selecting “Limit Ad Tracking” (for iOS devices) or “Opt-Out of Interest-Based Ads” (for Android devices).
- Block Location Tracking. You can stop all collection of information via an app by uninstalling the app. You can also reset your device Ad Id at any time through your device settings, which is designed to allow you to limit the use of information collected about you. You can stop all collection of precise location data through an app by uninstalling the app or withdrawing your consent through your device settings.
Depending on where you reside, you may have additional privacy rights or be entitled to additional controls over your Personal Information. Please see our supplemental notices specific to residents of California, the European Union, and Canada.
Consumer Privacy Requests
If you wish to exercise your privacy rights beyond the methods available through the Services, or if you want to express concerns, lodge a complaint, or request information, please submit a verifiable Consumer Privacy Request by sending an email to email@example.com.
OMG can fulfill a Consumer Privacy Request when we have sufficient information to verify that the requester is the person or an authorized representative of the person about whom we have collected Personal Information, and to properly understand, evaluate, and respond to the request. We do not charge a fee to process or respond to a verifiable request unless we have legal grounds to do so. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
We endeavor to respond to Consumer Privacy Requests in accordance with the requirements of the law applicable to your jurisdiction. Depending on the circumstances and the nature of your request, we may be unable to fulfill your request in part or in whole, for example, if your request falls within a statutory exception or if fulfilling your request would prevent us from complying with a statutory or contractual obligation. Note that if we process your Personal Information in our capacity as a service provider or data processor to a business or data controller, then we cannot fulfill your request directly. In that case, we will relay your request to the appropriate business or data controller for further processing and fulfillment.
California Privacy Rights
This section provides residents of the State of California (“California Consumers”) with the disclosures and notices required under the California Consumer Privacy Act of 2018 (“CCPA”). The following paragraphs apply solely to California Consumers and describe the specific rights afforded under the CCPA.
- Right to Disclosure. You have the right to request that we disclose information to you about our collection and use of your Personal Information, such as: (i) the categories of Personal Information we have collected about you; (ii) the categories of sources for the Personal Information we have collected about you; (iii) our business or commercial purpose for collecting, selling or sharing your Personal Information; (iv) the categories of third parties with whom we disclose your Personal Information; and (v) a list of specific pieces of Personal Information we have collected about you. You also have the right to request that we disclose the categories of your Personal Information we have sold or shared and the categories of third parties to whom that Personal information was sold or shared, as well as the categories of Personal information disclosed for a business purpose and the categories of recipients of that information. OMG is only required to respond to two disclosure requests from you within a 12-month period.
- Right to Access. You have the right to request that we provide you with access to specific pieces of Personal Information we have collected about you over the past 12 months (also called a data portability request). If you submit a right to access request, we will provide you with copies of the requested Personal Information in a portable and readily usable format. Please note that OMG may be prohibited by law from disclosing copies of certain Personal Information when the disclosure would create a substantial, articulable, and unreasonable risk to the security of the information, our systems, or your account. We are only required by law to respond to two access requests from you within a 12-month period.
- Right to Correct. If you discover that we maintain inaccurate Personal Information about you, or if your Personal Information changes, please inform us and we will update our records to reflect the correct information.
- Right to Deletion. You have the right to request that we delete Personal Information that we collected from you and retained, with certain exceptions. OMG may permanently delete, deidentify, or aggregate the Personal Information in response to a request for deletion. If you submit a right to deletion request, we will confirm the Personal Information to be deleted prior to its deletion, and we will notify you when your request is complete.
- Limited Use and Disclosure of Sensitive Personal Information. OMG does not use or disclose your Sensitive Personal Information for the purpose of inferring characteristics about you. If this ever changes in the future, we will update this Privacy Notice and provide you with methods to limit use and disclosure of Sensitive Personal Information.
- Right to Nondiscrimination. We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by law, we will not: (i) deny you goods or services; (ii) charge you different prices or rates for goods or services; (iii) provide you a different level or quality of goods or services; or (iv) suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services, because you exercised a right under the CCPA.
- Right to Disclosure of Marketing Information. Under California’s Shine the Light Act (Ca. Civ. Code § 1798.83-1798.84), California Consumers are entitled to request certain disclosures about Personal Information sharing with affiliates and/or third parties for marketing purposes. Please contact us if you wish to obtain these disclosures.
California Consumers may exercise the following rights over their Personal Information, subject to our receipt of a verifiable Consumer Privacy Request, as well as any exceptions and limitations that may apply.
European Union Privacy Rights
We adopted this section to comply with the European Union’s General Data Protection Regulations (“GDPR”). This section applies solely to residents of the European Union (“EU Residents”). OMG provides the Services to EU Residents in our capacity as a data controller. If you are an EU Resident, you have the following rights regarding the Personal Information we hold about you:
- Right to access your Personal Information. You may exercise your right to access by logging into your account to view or export your Personal Information. Alternatively, if you submit a Consumer Privacy Request we will provide you with a copy of your Personal Information, along with details about the types of Personal Information we process, why we process it, and any third parties we work with to collect Personal Information on our behalf. We may have one or more legally valid reasons to refuse your request in whole or in part, for example in order to protect the rights of other individuals.
- Right to restrict processing of your Personal Information. You can request that we restrict the processing of your Personal Information if: (i) the data is inaccurate; (ii) the processing is unlawful; (iii) we no longer need the Personal Information; or (iv) you exercise your right to object.
- Right to rectify your Personal Information. If you become aware that the Personal Information that we hold about you is incorrect, or if your situation changes (e.g., you change address), you may edit the Personal Information in your profile or saved to your account, or you can inform us and we will update our records for accuracy.
- Right to data portability. In some circumstances, we are required to provide your Personal Information to another organization at your request and in a structured, commonly used machine-readable format. Please submit a Consumer Privacy Request if you require assistance.
- Right to erasure (a.k.a. the “right to be forgotten”). You may exercise your right to deletion by logging into the Services and deleting your editable Personal Information. Alternatively, if you submit a Consumer Privacy Request to delete your Personal Information, we will confirm the Personal Information to be deleted prior to its deletion, and we will notify you when your request is complete. This right is not absolute, and we may be entitled to retain and process your Personal Information despite your request. If you make this request, we balance certain legal, contractual, and business interests against your right to request the deletion of your Personal Information.
- Right to object to certain processing of your Personal Information. Upon your request, and in certain circumstances and where we are required to do so by law, we will limit our processing of your Personal Information as you request.
- Right to not be subject to Automated Decision-Making. OMG does not use Automated Decision-Making (“ADM”). If we engage in this activity in the future, you will have the right to object to a decision we make wholly by a computer or algorithm without human input and to receive information about this type of processing.
EU Residents may exercise their privacy rights by submitting a verifiable Consumer Privacy Request (sometimes called a data subject access request).
Canadian Privacy Rights
We adopted this section to provide supplemental information in compliance with Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”). This section applies solely to residents of Canada where PIPEDA applies (“Canadian Consumers”) and describes PIPEDA rights and explain how Canadian Consumers can exercise those rights.
- Right to accuracy of your Personal Information. We take steps to reasonably ensure that your Personal Information we are using is accurate. In most cases, we rely on you to ensure that the Personal Information in your account is current, complete, and accurate. We provide methods for you to correct, update, and delete inaccurate Personal Information in your account, and we will provide you with reasonable assistance to ensure that your Personal Information is accurate in our systems and with our service providers.
- Right to access your Personal Information. You may access your Personal Information my logging into your account. Alternatively, upon written request and identity authentication, we will provide you with your Personal Information under our control, information about the ways that information is being used, and a description of the entities to whom that information has been disclosed. If limited by law or potential infringement on another’s privacy rights, we may not be able to provide access to some or all of the Personal Information you request. If we must refuse an access request, we will notify you in writing, document the reasons for refusal, and outline further steps available to you.
Canadian Consumers may exercise their privacy rights by submitting a verifiable Consumer Privacy Request.
Cookies are small text files downloaded and stored on your device visit a website or use a platform. Cookies are generally used for functionality, security, analytics, or advertising and serve a variety of purposes. For example, a cookie might analyze use of a website or platform, assist with navigating between pages, remember your preferences to improve your user experience. Some cookies are strictly necessary to the function of the website or other platform, while others enable certain features.
OMG uses a series of strictly necessary Cloudflare cookies. These cookies are essential to our Services’ functionality and cannot be turned off. OMG uses Cloudflare cookies to provide necessary security settings or help you use our Services’ features. You can learn more about Cloudflare cookies here.
OMG implements reasonable and appropriate security procedures and practices to help protect your Personal Information from unauthorized or illegal access, destruction, use, modification, or disclosure. All OMG products are built with a range of security features that continuously protect your Personal Information and our systems. We use encryption to keep your data private while in transit, and we review our data practices and security measures to prevent unauthorized access to our systems. We use the insights we gain from maintaining our Services to detect and automatically block security threats. We also ensure that OMG employees, contractors and agents responsible for handling user inquiries are informed of applicable privacy law requirements and we restrict access to those who need that information in order to process it. Anyone with this access is subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations. Please note, however, that no transmission of data over the Internet is 100% secure, and we cannot guarantee that unauthorized third parties will not defeat our security measures or use your Personal Information for improper purposes.
If you register with OMG, you will have a username and password. We encourage you to take steps to protect against unauthorized access to your password and your devices by, among other things, choosing a robust password that nobody else knows or can easily guess, and keeping your password private, and signing off after using a shared computer or other device. We are not responsible for any lost, stolen, or compromised passwords, or for any unauthorized activity on your account.
OMG is owned and operated in the United States and our privacy practices are governed by United States law. If you access the Service from outside of the U.S., please be aware that the Personal Information we collect about you may be transferred to, processed, stored, and used in the U.S. or other jurisdictions. Privacy laws in the U.S. and other jurisdictions may be different or offer less protections from those of your country of residence. By allowing us to collect Personal Information about you, you consent to the transfer and processing of your Personal Information as described in this paragraph.
Third Party Websites
The Services may contain links to websites owned or operated by third parties. We have no ability to control, and we are not responsible for, the privacy and data collection, use, and disclosure practices of third-party websites. We encourage you to read the privacy statements of each website that collects your Personal Information.
If you have questions about our privacy practices or would like to make a complaint, please contact us at firstname.lastname@example.org.