Privacy Policy

1. Introduction

This document explains how Etermax collects, processes, stores and/or shares any Personal Information (as defined below) and/or other information from or about users (jointly referred to as “Information”). By accessing and/or using Etermax’s games, applications, or website (the “Services”) you consent the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in this Privacy Policy. If you have any concerns about providing data, or having it used in any manner permitted in this Privacy Policy, you should not use the Services. As set out in the terms and conditions relating the Services (the “Terms”), you must be at least of legal age to access and/or use the Services, or, if legally permissible, you must have your legal guardian’s consent and the agreement of your legal guardian to this Privacy Policy to access and/or use the Services.

2. Notice to California Residents / Your California Privacy Rights

California residents are entitled once a year to request and obtain certain information regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes during the immediately prior calendar year (e.g. requests made in 2016 will receive information about 2015 sharing activities).

We comply with this law by offering our California users the ability to tell us not to share your personally identifiable information with third parties for their direct marketing purposes. To make such a request, please send an e-mail to support@etermax.com. You must include “California Privacy Rights” as the subject line, and your full name, e-mail address, and postal address in your message.

California users under the age of 18 may request the removal of their content or information publically posted on the Services by e-mailing us at support@etermax.com. Please note that most of the user content that appears on our Services is stored and controlled by third party providers or by other users; thus, complete and comprehensive removal of the content may not be possible.

3. The Information We Collect

3.1 Personal Information: When you create an account with us, we collect information that can be used to identify you. (“Personal Information”). Personal information can include your email address, name, username, address and phone number, a short biography, your personal website, your photograph, your location, and other personally identifiable information that you choose to provide us with or that you choose to include in your account. We may also collect Personal Information that you provide when you fill in forms when accessing and/or using the Services, when you communicate with Etermax, or when you communicate with other users of the Services.

In addition, you may have the option to register with us using your Facebook account, or to link your Facebook account to your account with us. When you do this, we will access and collect your name, email address, location information and age, as well as information about your friends and other Personal Information. This information is collected by Facebook and is provided to us under the terms of Facebook’s privacy policy. You can control the information that we receive from Facebook using the privacy settings in your Facebook account. If you sign up to our Services using Facebook, your account with us will be connected automatically to your Facebook account. As explained in more detail in Section 5 below, we may share your name, profile picture, activity status, and information related to your game play and use of the Services with Facebook and this information may be published in your timeline and your Facebook friends’ newsfeeds.

You may choose to make some Personal Information public as well. For example, some Services allow you to create a public profile. Personal Information you can make public includes your name or username, a short biography, location, your personal website, cell phone, your photo, and other information.

3.2 Your Content and Communications.: Our Services permit you to interact with us and with other users, including by sending messages and chatting with other users. We collect and store all of the comments, communications and chats you make through the Services, including those between you and other users. Of course, your comments, communications and chats are shared with the other users with whom you are communicating. You understand that once you share communications or your profile with others, even if it is only shared with one or two other users, that information is no longer private and cannot be made private again. Etermax cannot control the actions of other users with whom you communicate or share information.

Some of our Services allow users to create questions and answers to be used in our games. If you submit questions and answers, we will collect and store that information, and it may be shared with other users.

When you ask for assistance from Etermax customer support, the contact information you provide will be collected, as well as information about your game play or activity on the Service, your user ID number, and the correspondence and any information contained within.

3.3 Cookies: Etermax and third parties such as Facebook and some of our advertising partners, place and read cookies and anonymous identifiers (such as web beacons and tracking pixels), and collect other anonymous information when you use the Services. These technologies operate either by placing a small file which stores some information on your computer or mobile device; and/or by accessing information on your device. Etermax and third-parties uses cookies and similar technologies to recognize your device, for example by identifying your IP address, and to collect data such as your device’s model, operating system and screen size, other applications installed on your device, time and date, subject of advertisements you clicked or scrolled over, and other information about how you use the Services. Etermax uses this information to store access information so that you don’t have to repeatedly log in; to allow the Services to interact with a third party social network or platform where you have chosen to allow such interaction; to allow payment processes when you submit payment instructions; to enable Etermax and third parties to provide you with more customized services; and to collect other information about use of our Services.

Third parties, such as Facebook and our advertising partners, may collect information about your online activities over time and across different web sites and may use that information to provide advertisements in our Services or on other websites about goods and services likely to be of interest to you.

Our Systems do not recognize browser “Do Not Track” signals, but several of the third-party companies described above, enable you to opt out of targeted advertising practices as described in the section “Third Party Advertising and Analytics” below.

By accessing and/or using the Services you consent the use of cookies and similar technologies in accordance with this Privacy Policy. You can disable cookies through your web or mobile device browser settings but some features of the Services may not function properly. Alternatively, if you do not wish such data collection as described in this section, you should stop using the Services.

3.4 Location Information: We may receive or collect information about your location. For example, you may choose to publish your location in your Etermax profile. We may also determine location by using other data from your mobile device, such as precise location information from GPS, information about wireless networks or cell towers near your mobile device, or your IP address. We may use and store information about your location to provide special features of our Services, to deliver ads that relate your interests, and/or to improve and customize the Services, for example, with more relevant content and suggestions for users. Our advertising partners may obtain location information as described in the section “Third Party Advertising and Analytics” below. If you do not want us or our advertising partners to collect location information from your mobile device, please follow the instructions in Section “4.3” below.

3.5 Links: Etermax may keep track of how you interact with links across the Services, including email notifications, third-party services, and client applications, by redirecting clicks or through other means.

3.6 Log Data and Game Play Information: The Services automatically record information created by your use of the Services. This data may include information such as your IP address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, device and application IDs, search terms, and cookie information. Log data is received when you interact with the Services. This data is used to provide the Services and to measure, customize, and improve them. Etermax also collects and stores the history of your game play, including for some games, your history of questions and answers.

3.7 Payment information: If you make a purchase in the Services, Etermax may collect the billing and financial information necessary to process the charges; and/or do so on behalf of the relevant payment service providers. Purchases of third party services are subject to the policies applicable to the third parties.

3.8 Third-party services: Etermax uses a variety of third-party services to help its provision of the Services, such as hosting and other services. These third-party service providers may collect information sent by your browser as part of a web page request, such as cookies or your IP address, location and devices’ unique identifiers.

4. Third Party Advertising and Analytics – Interest Based Ad Disclosure

4.1 Advertising Partners and Interest Based Advertising: We allow advertising on our free Services so we can continue to offer those Services for free. Our advertising partners may collect advertising identifiers (such as the Apple Identifier for Advertising (IDFA) or the Google Advertising ID (AAID)) to enable and optimize their advertising, to deliver tailor ads related to your interests (“Interest-Based Advertising” or “IBA”), and to improve and measure the effectiveness of ad campaigns. These identifiers are non-permanent, non- personal, device identifiers. As explained in Section 3.3 above, advertisers and third parties may also place and collect cookies and other anonymous identifiers. Third parties, such as Facebook and our advertising partners, may collect information about your online activities over time and across different web sites and may use that information to provide advertisements on other websites about goods and services likely to be of interest to you.

4.2 Etermax complies with the Digital Advertising Alliance`s suite of Self-Regulatory Principles (DAA Principles). You can opt-out from receiving targeted ads/Interest-Based Advertising by Etermax or served on its behalf: To learn more about these advertising practices or to opt out of this type of advertising, you can visit NAI: Network Advertising Initiative or WebChoices or Your Online Choices.

In addition, in Android operating systems, you may opt out of IBA by opening the “Google Settings app” from your app drawer, tapping “Ads”, and selecting “Opt-out of Interest-based ads” (http://developer.android.com/google/play-services/id.html). Please note that this will block your phone from receiving tailored ad recommendations across your device.

In iOS operating systems, you may opt out of IBA by clicking on Settings -> Privacy -> Advertising and toggling Limit Ad Tracking to ‘ON’ (https://support.apple.com/en-us/HT202074). Please note that this will block your phone from receiving tailored ad recommendations across your device

4.3 Advertising Partners May Collect Precise and Approximate Location Information:: As explained in Section 3.4, we may collect precise or approximate location information. In addition, we allow advertising on our free Services so we can continue to offer those Services for free. When you activated our game or Services, you gave your consent that our advertising partners may collect precise or approximate location information from your mobile device and may use this information in order to provide you location and interest-based advertising. Your mobile device may allow you to opt out of the collection of Precise Location Data by us and by our advertising partners, as further described below.

iOS – In order to disable the collection of Precise Location Data on iOS, you may turn Location Services off for the applicable Etermax game via the menu “Settings > Privacy > Location Services”. Then select the applicable Etermax game and set the “Share My Location” status to “Never”. Please see additional information from Apple here: https://support.apple.com/en-us/HT203033.

Android (6.0 / Marshmallow and higher) - In order to disable the collection of Precise Location Data on Android, you may turn Location off for the applicable Etermax game via the menu “Settings > Apps > [applicable Etermax game] > Permissions > Location”. Then turn off the “Location” button.

5. Etermax’s Use and Disclosure of Information

5.1 How We Use Information Generally: You agree that Etermax and/or Service Providers on Etermax’s behalf may use the information they collect, including your Personal Information and location information for the purposes of:

  • contacting you as part of customer support; to send you updates or information about the Services;
  • managing your account and relationship with the Service and improving your experience when you use it;
  • improving the Services, research, surveying, and engaging with you, for example by sending you communications for these purposes;
  • marketing and promotion of the Services or products;
  • to send you advertising from our partners and others that might be of interest to you;
  • to personalize and optimize the Services, promotional content and/or advertising;
  • to create reports, analysis or similar services for the purposes of research or business intelligence.

You may use your account settings to unsubscribe from some notifications from Etermax and/or from other users. You may also unsubscribe from some messages by following the instructions contained within the notification. See Section 6 for more information.

5.2 How We Share Your Information with Others, Generally: Etermax may share your Personal Information, including your email address, with partner companies or other third- parties for those third-parties’ direct marketing or other commercial purposes. If you are a California resident, please see the section above titled “Your California Privacy Rights for more information. As described in Section 4, our advertising partners may collect advertising identifiers and other Personal Information for the delivery of Interest-Based Advertising.

Etermax may share your Personal Information and payment information with third-party payment processors in order process payments and purchases that you have authorized.

5.3 Service Providers. From time to time, we may establish a business relationship with other businesses whom we believe trustworthy and who have confirmed that their privacy practices are consistent with ours (“Service Providers”). For example, we may contract with Service Providers to provide certain services, such as hosting and maintenance, data storage and management, and marketing and promotions. We only provide our Service Providers with the information necessary for them to perform these services on our behalf. Each Service Provider must agree to use reasonable security procedures and practices, appropriate to the nature of the information involved, in order to protect your Personal Information from unauthorized access, use, or disclosure. Service Providers are prohibited from using Personal Information other than as specified by us.

5.4 Personal Information You Make Available to Others and to the Public. By using the Site or the Services you may make certain of your Personal Information available to others. For example, when you create a profile, any other users will see your username or nickname, and may see additional information from your profile that you have chosen to make public (such as your name, the city you live in, your country, your picture, biographical information and other information that you choose to make available to others). When you link your Etermax account to your Facebook account, your Facebook username and profile picture becomes part of your Etermax user profile, and is visible to other users of our Services. When you chat with other users, send communications, or post messages publicly or privately, those communications are shared with the intended recipients, who may then share the communications with others through the Services or outside the Services. When you submit content to us (including questions and answers) you grant us permission to use that content for any and all purposes, including publicly posting and distributing that content through the Services or outside the Services through third parties. When you enter competitions, we may publish, share or disclose your Personal Information and other information about you in connection with the competition.

You acknowledge that you have no expectation of privacy for or concerning any of the above information, including your chats and communications with other users or with us, content you submit to us (including questions and answers) and content you provide in connection with competitions, information from your profile that you choose to make public, or your use of these features of the Site or Services.

5.5 Interaction with social networks and/or platforms. You may allow the Services to interact with third party social networks and/or platforms, such as Facebook, which may provide data about you to Etermax. These social networks and/or platforms, or any similar third-party applications or websites, are owned by a third parties and not by Etermax. You must ensure that you read their terms of service and privacy policies. You understand that when you allow our Services to interact with any third party social network and/or platform, Etermax may share data about you with your contacts and other users of the Services, and vice versa. This information may include your name, profile picture, activity status, and information related to your game play and use of the Services. You may be able to change this by adjusting your settings with that third party provider.

5.6 Compliance with Laws and Law Enforcement, and Protection of Our Site, Services and Others. We may cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We may access, read, preserve, and disclose your Personal Information, your non-personal information, your user content, chat records or records of other communications, any content you post or upload, and any other information about you, to government or law enforcement officials or private parties if, in our sole discretion, we believe it is necessary or appropriate in order to (i) satisfy any applicable law, regulation, legal process or governmental request (including court orders and subpoenas), (ii) investigate potential violations of, or enforce, our Terms of Service, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, (v) protect the safety, property, or rights of our company, our users, or of any third party, or (vi) prevent or stop any illegal, unethical, or legally actionable activity.

5.7 Anonymized or Aggregated Information. Etermax may use and share aggregated and/or anonymized information about users with third parties. You cannot be personally identified from such information.

5.8 Other Transfers. We may share Information (including Personal Information and other information and data about users) with businesses controlling, controlled by, or under common control with our Company. If our Company is merged, acquired, or sold, or in the event of a transfer of some or all of our assets, we may disclose or transfer Personal Information and Usage Data in connection with such transaction. You will have the opportunity to opt out of any such transfer if, in our discretion, it will result in the handling of your Personal Information in a way that differs materially from this Privacy Policy.

6. Managing Your Information Preferences

You can review, correct, update, or change your Personal Information by changing the relevant settings in your account. You can opt out of receiving certain marketing e-mails by using the unsubscribe option contained within those emails. However, you cannot opt out of receiving all e-mails from us, such as e- mails about the status of your account. You can also delete information from your profile and de-link your Facebook account you’re your profile. However, information that you have shared via the Services on any social network or third party platform may not be amended or deleted where it is in the control of a third party network and/or platform.

If you have questions or concerns regarding this Privacy Policy, please e-mail us at support@etermax.com.

7. Term

Etermax may retain the Information (including Personal Information) for as long as is necessary to fulfill the purposes for which it was collected or as needed to provide the Services, even after you have discontinued or deleted any account, or after the end of the provision of the Services, if retention of such Information is reasonably necessary to comply with legal obligations, meet regulatory requirements, resolve disputes between users, prevent fraud, for backup, archival, and/or audit purposes or any other use.

8. Protection of Information

Etermax maintains appropriate technical and physical safeguards to protect Information against accidental or unlawful destruction or loss, alteration, unauthorized disclosures or access, and any other unlawful forms of processing of the data in its possession. However, no data storage or transmission over the Internet or other network can be guaranteed to be 100% secure. Accordingly, Etermax does not guarantee that Information will not be accessed, disclosed, altered or destroyed by breach of any of the abovementioned safeguards.

9. International Transfer

Your Information (including Personal Information) may be transferred to, and maintained on, computers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction We may transfer your Information to the United States or to another country and process it there. Whenever we transfer your Information outside of the jurisdiction in which you are located, we ensure that appropriate safeguards are in place in relation to maintaining its security. Irrespective of which country you reside in or supply information from, you authorize Etermax to store and/or use the Information according to this Privacy Policy in any country where Etermax may operate.

10. Links

In the Services you may find links to third party websites. You understand that when you click on these links any data which you provide afterwards is subject to that third party's privacy policy and not to Etermax’s. Consequently, Etermax takes no responsibility for the content, safety or security of any third party website.

11. Children’s Privacy

Many of our Services are intended for a general audience and not directed to children under 13 years of age. We do not intend to collect personal information of any children under 13 (“Children’s Personal Information”) in a manner that is not permitted by the U.S. Children’s Privacy Protection Act (“COPPA”). For some Services, we provide a version of the Service that does not collect Children’s Personal Information except as permitted by COPPA. If you believe we have collected or are using a Child’s Personal Information, or that your child under 13 years of age has misidentified his or her age, please contact us at support@etermax.com and we will discontinue that account, and remove associated Children’s Personal Information to the extent required by COPPA.

12. Governing Law and Jurisdiction

12.1 Residents of the United States. For residents of the United States, this Privacy Policy will be governed by and construed in accordance with United States federal law and the laws of the State of New York, without giving effect to any conflict of laws rules or provisions. THIS POLICY IS A PART OF OUR TERMS OF SERVICE AND AS SUCH, ANY DISPUTES ARISING OUT OF OR RELATING TO THIS POLICY OR YOUR USE OF THE SITE OR SERVICES ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN PARAGRAPH 15 OF OUR TERMS.

12.2 Residents of Other Countries.This Privacy Policy shall be governed by and construed in accordance with the laws of Uruguay. All claims, legal proceedings or litigation arising out of or relating to this Policy, the Site or Services will be brought solely in the relevant courts located in the city of Montevideo – Uruguay. You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

13. General Terms

Notwithstanding anything to the contrary in this Policy, Etermax may preserve or disclose your information to the extent reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect Etermax's rights or property. However, nothing in this Privacy Policy is intended to limit any legal defenses or objections that you may have to a third party’s, including a government’s request to disclose your information.

If any court or other competent authority finds any of this Privacy Policy to be invalid or unenforceable, the other terms of this Privacy Policy will not be affected.

14. Privacy Policy Changes

The most current version of the policy will govern the use of the Information and will be at http://www.etermax.com/en/privacy-policy.

Etermax may revise or amend this Privacy Policy from time to time. If we decide to change this Privacy Policy, we will inform you by posting the revised Privacy Policy on the Site. Etermax may also, but is not required to, notify you of changes to the Privacy Policy via email to the email address associated with your account.

If you object to any changes to the Privacy Policy, you should immediately stop using the Services and close any related accounts. By continuing to access or use the Services after changes become effective, you agree to be bound by the revised Privacy Policy.

This Privacy Policy was last updated on April, 2017.

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