Privacy Policy

How we share your personal information

Affiliates
We may disclose your Personal Information to our subsidiaries and corporate affiliates for purposes consistent with this Privacy Policy.

Users of the App/Visitors to the App
Your user profile within the App is visible to other users of the App; this includes your first name and last initial, your username within the App, your profile photo, and your city and state or country. Your first name and last initial and profile photo will also be displayed on leaderboards within the App.

If you participate in a FreshPlanet contest or promotion, we may share contestant names as disclosed in the terms of the contest or promotion, including by posting the winner’s name on our App.

Service Providers
We may employ third party companies and individuals to administer and provide the App on our behalf (such as customer support, hosting, email delivery and database management services). These third parties may use your Personal Information only as directed by the Company and in a manner consistent with this Privacy Policy, and are prohibited from using or disclosing your information for any other purpose.

Professional advisors
We may disclose your Personal Information to professional advisors, such as lawyers, bankers, auditors and insurers, where necessary in the course of the professional services that they render to us.

Business Transfers
FreshPlanet may sell, transfer or otherwise share some or all of its business or assets, including your Personal Information, in connection with a business transaction (or potential business transaction) such as a merger, consolidation, acquisition, reorganization or sale of assets or in the event of bankruptcy, in which case we will make reasonable efforts to require the recipient to honor this Privacy Policy.

Advertising

We may share your Personal Information to our advertisers in order to facilitate providing you with relevant advertisements, subject to your choices in the following section or in the sections referencing your Rights Under the GDPR and your California Privacy Rights.

Your choices

Connecting via Facebook
If you choose to connect to the App via your Facebook account, you may choose to limit the information that we may obtain from Facebook about you at the time you connect your Facebook account. Subsequently, you may access and change these settings through the Facebook settings page for Apps and Websites. If you withdraw our ability to access certain information from Facebook, that choice will not apply to information of that type that we have already received from Facebook.

App privacy settings and location data
We make available certain Privacy settings within the App, including options to control whether opponents are able to chat with you, whether your current location is displayed to your opponent, and whether your online status is displayed to opponents. You also have the ability to block users.

You also have the choice whether to allow us to access your location data. Your device settings may provide the ability for you to revoke our ability to access location data.

Targeted online advertising
Some of the business partners that collect information about users’ activities in our App may be members of organizations or programs that provide choices to individuals regarding the use of their browsing behavior for purposes of targeted advertising. App users may opt out of receiving targeted advertising in mobile apps through participating members of the Digital Advertising Alliance by installing the AppChoices mobile app and selecting the user’s choices: https://youradchoices.com/appchoices.  You may also opt out by visiting http://www.aboutads.info, http://www.networkadvertising.org or  http://www.youronlinechoices.com/uk/ and/or by clicking the “Ad Choices” icon that appears in advertising served through targeted advertising. Please note that the option to opt-out applies only to tracking by Third Party Businesses across this Service and other sites, applications, destinations, and services, and not tracking among pages within the Service itself. Please note also that we also may work with companies that offer their own opt-out mechanisms and may not participate in the opt-out mechanisms that we linked above.  Please consult the privacy policy links under the “SDKS used in Song Pop 2” at the end of this privacy policy.

In addition, your mobile device settings may limit our, or our advertising partners’, ability to engage in ad tracking or targeted advertising using the Google Advertising ID or Apple ID for Advertising associated with your mobile device.

You have the option not to receive advertisements within the App by paying for VIP status. These changes typically will become effective when you exit and restart the App.

If you are a California resident and you opt out of sharing Personal Information with our advertising partners as directed in the section titled “Your California Privacy Rights,” you may still receive advertisements but those advertisements may not be tailored to your interests.   See section below:  

Access, Update, Correct or Delete Your Information
All App users may review, update, correct or delete the Personal Information in their registration profile by logging into the App and accessing the settings screen. You may also contact us at privacy@freshplanet.com to request to access the Personal Information FreshPlanet maintains about you, to update or correct the information, or if you have additional requests or questions.

Marketing communications
You may opt out of marketing-related emails by clicking on a link at the bottom of each such email, or by contacting us at privacy@freshplanet.com.  You may continue to receive service-related and other non-marketing emails.

Choosing not to share your personal information
Where we are required by law to collect your Personal Information, or where we need your Personal Information in order to provide the App to you, if you do not provide this information when requested (or you later ask to delete it), we may not be able to provide you with the App.  We will tell you what information you must provide to receive the App by designating it as required in the App or through other appropriate means.

Security

The security of your Personal Information is important to us.  We take a number of commercially reasonable organizational, technical and physical measures designed to protect the Personal Information we collect, both during transmission and once we receive it.  However, no security safeguards are 100% secure and we cannot guarantee the security of your information.  If you believe your Personal Information is being improperly used by us or any third party, please immediately notify us via email at privacy@freshplanet.com.

Children

SongPop Classic is not directed to children under 16. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at privacy@freshplanet.com. We will delete such information from our files as soon as reasonably practicable.

Sensitive personal information

We ask that you not send us, and you not disclose, any sensitive Personal Information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on the App, through the App, or otherwise to us. We do not deliberately collect such sensitive Personal Information through the App.

If you send or disclose any sensitive Personal Information to us when you use the App, you consent to our processing and use of such sensitive Personal Information in accordance with this Privacy Policy

International transfer

FreshPlanet is headquartered in the United States and may have service providers in other countries. In connection with the App, your personal information may be transferred to the United States or other locations outside of your state, province, country or other governmental jurisdiction where privacy laws may not be as protective as those in your jurisdiction.

By providing Personal Information to us for the purpose of subscribing to our mail lists, setting up an account or obtaining Services, you consent to the transfer of your Personal Information to the United States.  The transfer of your Personal Information to the United States is necessary for the performance of a contract between you and FreshPlanet for obtaining access to the App.

Cross-Border Data Transfer
Whenever we transfer your personal information out of the EEA to countries not deemed by the European Commission to provide an adequate level of personal information protection, the transfer will be based:

●      Pursuant to our compliance with standard contractual clauses that pertain to transfers from a data controller to a data processor;

●      Pursuant to the consent of the individual to whom the personal information pertains;

●      As otherwise permitted by applicable EEA requirements.

Other websites
& services

The App may contain links to other websites and services.  These links are not an endorsement, authorization or representation that we are affiliated with that third party. We do not exercise control over third party websites or services, and are not responsible for their actions. Other websites and services may follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies of the other websites you visit and services you use.

Your Rights under the GDPR

EEA Residents 

 This section of the Privacy Policy is applicable to residents of the EEA.  The EEA consists of the member states of the EU, i.e., Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and the United Kingdom, and Iceland, Liechtenstein, and Norway.  This section also applies to residents of Switzerland and, in the event of its departure from the EU, residents of the United Kingdom.  Residents of the EEA and Switzerland are referred to here as “EEA Residents”.

From May 25, 2018, all processing of Personal Information of EEA Residents is performed by us in accordance with the General Data Protection Regulation (2016/679) of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons regarding the processing of Personal Information and on the free movement of such data (“GDPR”).

Under the GDPR, we are the controller and a processor of the Personal Information of EEA Residents.  Our purpose for collecting and processing Personal Information from EEA Residents is to perform the contract governing our provision of the App or to take steps that you request prior to signing up for the App.  We also obtain your Personal Information to communicate with you, to display advertisements with the App, and to create anonymous data for analytics, fraud prevention, compliance and safety.  The legal basis for collecting Personal Information is our legitimate business operation and your consent.  We make sure we consider and balance any potential impact on you and our rights before we process your Personal Information for our legitimate interests. 

Changes to this privacy policy

We reserve the right to modify this Privacy Policy at any time. We encourage you to periodically review this page for the latest information on our privacy practices. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it within the App and in the app stores where the App is available for download. We may (and, where required by law, will) also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via e-mail (if you have an account where we have your contact information) or another manner through the Service (which may include posting an announcement on or within the App).

Any modifications to this Privacy Policy will be effective upon our posting of the new terms and/or upon implementation of the new changes in the App (or as otherwise indicated at the time of posting). In all cases, your continued use of the Service after the posting of any modified Privacy Policy indicates your acceptance of the terms of the modified Privacy Policy.

Your California Privacy Rights 

The following section pertains to the rights of individuals or households in California (“California consumers”).  

●      Civil Code Section 1798.83

Under certain circumstances, California Civil Code Section 1798.83 states that, upon receipt of a request by a California consumer, a business may be required to provide detailed information regarding how that business has shared that customer’s Personal Information with third parties for direct marketing purposes.  However, the foregoing does not apply to businesses like ours that do not disclose Personal Information to third parties for direct marketing purposes without prior approval or give customers a free mechanism to opt out of having their Personal Information disclosed to third parties for their direct marketing purposes.

●      Rights under the CCPA

After January 1, 2020, the CCPA (California Civil Code Section 1798.100 et seq.) provides California consumers with additional rights regarding Personal Information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.  The categories of Personal Information we collect are generally described above but differ for individual consumers depending on the Services used by such consumers.

Under the CCPA, qualifying California consumers may have the following rights:

Right to Know and Right to Delete.

A California consumer has the right to request that we disclose what Personal Information we collect, use, disclose and sell.  A California consumer also has the right to submit requests to delete Personal Information.

When we receive a request to know or delete from a California consumer, we will confirm receipt of the request within 10 business days and provide information about how we will process the request, including our verification process.  We will respond to such requests within 45 days.

Right for Disclosure of Personal Information.

A California consumer may also submit requests that we disclose specific types or categories of Personal Information that we collect.

Under certain circumstances, we will not provide such information, including where the disclosure creates a substantial, articulable and unreasonable risk to the security of that Personal Information, customers’ accounts with us, or the security of our systems or networks.  We also will not disclose California consumers’ social security numbers, driver’s license numbers or other government-issued identification numbers, financial account numbers, any health insurance or medical identification numbers, or account passwords and security questions and answers.

Submitting Requests

If you are a California consumer and would like to make any requests under the CCPA, please direct them to privacy@freshplanet.com.

Verifying Requests

If we receive any request we will use a two-step process for online requests where the California consumer must first, clearly submit the request and then second, separately confirm the request. 

In submitting a request, a California consumer must provide sufficient information to identify the consumer, such as name, email address, location, or other such information that is on record with us so that we can match such information to the Personal Information that we maintain .  Do not provide social security numbers, driver’s license numbers, account numbers, credit or debit card numbers, medical information or health information with requests.  If requests are unclear or submitted through means other than as outlined above, we will provide the California consumer with specific directions on how to submit the request or remedy any deficiencies.  If we cannot verify the identity of the requestor, we may deny the request.

Opt-Out Rights Under the CCPA

Under the CCPA, California consumers may have the right to opt-out of the “sale” of their Personal Information.  The term “sale” is interpreted very broadly and may be considered to occur when Personal Information is shared in certain circumstances to advertisers through the App to provide you with advertisements tailored to your interests.  If you are a California resident and wish not to have your Personal Information shared with third parties, please activate “Limit Ad Tracking” on your mobile iOS device or enable the “Opt out of Ads Personalization” setting on your Android device.  You will continue to have advertising displayed on the App (unless you are a VIP customer), but those advertisements will not be tailored to your interests.

EULA

IMPORTANT - READ CAREFULLY: Please be sure to carefully read and understand all of the rights and restrictions described in this End-User License Agreement ("EULA").

 AGREEMENT

This document is an agreement between you and FreshPlanet Inc. with offices at FreshPlanet Inc., 381 Park Avenue South Street, New York, New York, U.S.A. 10016.("Company"). The software and any accompanying printed materials are licensed to you only on the condition that you accept all of the terms contained in this EULA.

By installing or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA: do not use or install the Software.

You acknowledge that you have read the EULA, understand it and agree to be bound by its terms and conditions. 

COPYRIGHT

The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All title and copyrights in and to the Software (including but not limited to any images, photographs, animations, video, music, text and "applets" incorporated into the Software) and any printed materials accompanying the Software are owned by the Company or its Licensors.

GRANT OF LICENSE

The Software is licensed to you and its use is subject to this EULA. The Company grants you a limited, personal, non-exclusive license to use the Software for the sole purpose of installing it on your mobile phone. The Company reserves all rights not expressly granted to you in this EULA. 

PERMITTED USES

1. If the Software is configured for loading on a hard drive, you may install the Software on a single computer in order to install it and use it on your mobile phone. 
2. You may make and maintain one copy of the Software for backup and archival purposes, provided that the original and copy of the Software are kept in your possession. 
3. You may permanently transfer all your rights under this EULA, provided you retain no copies, you transfer all of the Software (including all component parts, the media and printed materials and any upgrades) and the recipient reads and accepts this EULA. 

 RESTRICTIONS

1. You may not delete or obscure any copyright, trademark or other proprietary notice on the Software or accompanying printed materials. 
2. You may not decompile, modify, reverse engineer, disassemble or otherwise reproduce the Software. 
3. You may not copy, rent, lease, sublicense, distribute, publicly display the Software, create derivative works based on the Software or otherwise commercially exploit the Software. 
4. You may not electronically transmit the Software from one computer, console or other platform to another or over a network. 
5. You may not use any backup or archival copy of the Software for any purpose other than to replace the original copy in the event it is destroyed or becomes defective. 

TRIAL VERSIONS

If the Software was provided to you for trial use for a limited period of time or number of uses, you agree not to use the Software following the expiration of the trial period. You acknowledge and agree that the Software may include code designed to prevent you from exceeding these limits, and that such code may remain on your computer after deletion of the Software in order to prevent you from installing another copy and repeating the trial period.

  TERMINATION

This EULA is effective until terminated. You may terminate this EULA at any time by destroying the Software. This EULA will terminate automatically without notice from the Company if you fail to comply with any provisions of this EULA. All provisions of this EULA as to warranties, limitation of liability, remedies and damages will survive termination. 

DISCLAIMER OF WARRANTIES

You are aware and agree that use of the Software and the media on which it is recorded is at your sole risk. The Software and media are supplied "AS IS". The Company does not warrant that the Software or its operations or functions will meet your requirements, or that the use of the Software will be without interruption or error.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, THE COMPANY DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT WILL THE COMPANY OR ITS EMPLOYEES OR LICENSORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INJURY TO PERSON OR PROPERTY, FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY AND NEGLIGENCE) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. 

IN NO EVENT WILL THE LIABILITY OF THE COMPANY FOR DAMAGES WITH RESPECT TO THE SOFTWARE EXCEED THE AMOUNTS ACTUALLY PAID BY YOU FOR THE SOFTWARE.

 CHOICE OF LAW AND VENUE

This EULA is governed by the laws of the State of New York, United States and you agree to submit any dispute arising out of this EULA to the exclusive jurisdiction of the federal or state courts located in New York, New York..

MISCELLANEOUS

If any provision or portion of this EULA is found to be unlawful, void, or for any reason unenforceable, it will be severed from and in no way affect the validity or enforceability of the remaining provisions of the EULA.

This EULA constitutes the entire agreement between you and the Company regarding the Software and its use.

FreshPlanet’s Cookies Policy For Games 

FreshPlanet Inc. (hereinafter “FreshPlanet”) provides and operates (i) games services that are accessible via terminals, whether a computer, smartphone, tablet or any other platform (hereinafter the "Terminal"), as well as (ii) Internet services published by FreshPlanet (hereinafter the "Services").

When you use the Services, cookies and other tracking devices are placed on your Terminal.

This page gives you a better understanding of how cookies on our Services work and how to use the various tools available to set (accept or reject) them.

Your installation and/or use of these Services and/or submission of information to us constitute your consent to this Cookies Policy and the processing of your personal information. 

This Cookies Policy is effective as of November 2, 2020.

Introduction 

This Cookies Policy explains what cookies are, how FreshPlanet uses cookies on its Services and what you can do to manage how cookies are used.

We are committed to protecting the personal information we collect when you use our websites, mobile apps and other services. We are informing you in a transparent way about our policy regarding the deposit and use of cookies from our Services to your Terminal.

What is a cookie?

Cookies are tiny text files sent to your device browser or application by a server, which are then stored on your computer's hard drive or mobile device when you visit certain webpages or apps. They identify your computer or mobile device and may collect and store information—such as behavioural data—about your visit to our Services. 

Cookies are very useful and allow our Services to recognise you, to signal your passage on this or that page, and to provide you with additional services: improving your navigational comfort, securing your connection or adapting the contents of a page to your interests. The information stored by the cookies, which are valid for a limited period of time, relates in particular to the pages visited, the advertisements on which you have clicked, the type of browser you use, and the information you have entered on a Service in order to avoid having to enter it again.

Cookies do not contain any personal information but may be associated with the personal information you have provided to us. 

In addition, other types of identifiers with an object similar to a cookie may be used by FreshPlanet, such as the advertising identifier of a smartphone ("GAID", "IDFA", “Advertisement ID").

Should you choose to submit personal information to us, we may link cookie information to such personal information. In that case, you can exercise your privacy rights as specified in FreshPlanet's Privacy Policy.

If you do not accept cookies, or if you delete cookies, you may no longer be able to use a number of features that may be necessary to use our Services. FreshPlanet cannot be held liable for consequences relating to the degraded or suboptimal functioning of the Services that result from the inability to record or consult cookies.

What types of cookies do we use and for what purposes?

Our Services may use several types of cookies, as listed below. Some of them are mandatory for the proper functioning of Services you access or to ensure security, prevent fraud and debugging, allow you to log in, etc. When the use of a cookie requires your explicit prior consent, you will be directly informed through a banner on the Service you want to access. You will also have the ability to withdraw your consent at any time. 

Types of Cookies

Uses

Will this cookie require your prior and express consent?

USER INPUT COOKIES 

These are used to keep track of user input when filling out online forms over several pages or in a shopping cart, for the duration of a session (session-ID)—or in some cases, is persistent, expiring within a few hours of the end of the session. No

AUTHENTICATION COOKIES

These are used to identify the user for the duration of the session once they have logged in. No

USER-CENTRIC SECURITY COOKIES

These are used to detect repeated failed login attempts or other similar mechanisms designed to protect the login system from abuses for a limited persistent duration. No

MULTIMEDIA CONTENT & PLAYER COOKIES

These are used to record network speed, image quality or buffer information for the duration of the session. No

LOAD-BALANCING COOKIES

These are used to allocate a user to a particular server to balance usage for the duration of the session. No

UI CUSTOMISATION COOKIES

These are used to store preferences for the duration of the session, such as choice of language. No

ADVERTISING COOKIES

These are used to present advertisements to you or to send you information adapted to your interests in our Services, or outside of our Services, during Internet browsing. In particular, these cookies make it possible to: 

• Adapt advertising content based on the navigation performed by your Terminal or the personal information you have provided;

• Follow any subsequent navigation performed by your Terminal;

• Adapt advertising spaces to the display preferences of your Terminal;

• Adapt the presentation of the Services where the advertising content leads;

• Limit the number of times you see an advertisement;

• Calculate the amounts owed to the actors in the advertising broadcast chain;

• Measure the effectiveness of an advertising campaign.

Refusal to accept these advertising cookies does not affect your access to the Services.

Refusing to accept advertising cookies will not stop advertising in our Services or other services, but will only have the effect of displaying an advertisement that does not take into account your interests or your preferences.

In any case, you can still receive targeted advertising from other companies, as long as you have not refused their cookies. Yes

THIRD-PARTY ADVERTISERS 

Certain third-party advertisers may also make use of cookies in their ads served within our Websites/Apps. Such cookies will collect anonymous behavioural data, which those advertisers may use to serve you targeted ads both within and outside of our Websites/Apps. Yes

SOCIAL MEDIA COOKIES (Facebook, Twitter, YouTube)

These are used to integrate links to Facebook, Twitter and Google, or other social networks, on the Services' pages.
In these cases, the social network is likely to identify the user through this link, even if the user did not use this link when he/she viewed Gameloft's Services. Yes

ANALYTICS COOKIES / AUDIENCE MEASUREMENT 

These are used to obtain information about visitor navigation. They help us to understand how users arrive at Services and reconstruct their journey. These tools use technologies to trace users to the Services and associate a "referrer" or campaign with a unique identifier. Yes

FLASH COOKIES

These are also known as "locally shared objects". These are pieces of information that Adobe Flash might store on a user’s computer. This is designed to save data such as video volume preferences or scores in an online game. No

SERVER LOGS 

When a user loads a page on a website, the user is making a request to that website's server. This server will log the type of request that was made and will store information such as the IP address (which will allow the website owners to infer location), the date and time the browser loaded the page, what page was loaded, and what site or page the browser was on before it came to that page (referrer).
Server logs form the basis for web analytics and can only be seen by the owners of the website. Yes

WEB BEACONS

These are small objects embedded into a webpage and are not visible. They are also known as "tags", "tracking bugs", "pixel trackers" or "pixel GIFs".

A simple version of this is a tiny clear image that is the size of a pixel. When a webpage with this image loads, it will make a call to a server for the image. This "server call" allows companies to know that someone has loaded the page. Web beacons are useful for advertisers displaying their ads on someone else's website or services that don't have server log access. Often, advertisers will embed web beacons in their advertisements to get an idea of how often an advertisement appears. Yes

How long are they stored?

The cookies are not stored for longer than 13 months.

Which companies send cookies?

Cookies and other trackers from FreshPlanet 

FreshPlanet deposits cookies on your Terminal or allows the deposit of external (third party) cookies in order to process data on its behalf. In this case, as the entity responsible for processing the cookies placed when using the Services, viewing videos or clicking on advertising spaces, FreshPlanet determines the means and purposes of the processing carried out on the data collected using these cookies.

Cookies make it possible to identify your interests through the pages you consult on our Services and we may also personalise advertising offers addressed to you by third-party services. Please note that ads we deliver to children in our Services are not personalised to respect age-related legal requirements in the country where those children live. 

Cookies from Vivendi companies

FreshPlanet, which is a subsidiary of Gameloft, which itself is part of the Vivendi group, allows the deposit of third-party cookies used by Vivendi group companies such as Dailymotion, Universal Music Group, Editis, Vivendi Ticketing, etc. For an exhaustive and up-to-date list of entities belonging to the Vivendi group, you can consult the website here: https://www.vivendi.com/en/our-group/. 

Vivendi group cookies may be placed when you browse our Services, view our videos or click on advertising spaces.

They make it possible to identify your interests through the pages consulted in our Services and to personalise advertising offers addressed to you in the other Vivendi group services, such as CANAL+, Universal Music, Editis, Vivendi Ticketing, etc.

Advertising cookies from advertising partners

Advertising cookies are placed by third-party companies (such as, in particular, advertisers, advertising agencies, communication consulting agencies, audience measurement companies, targeted advertising providers, etc.) in the advertising space in our Services, the use of which contributes to the financing of the content and services that we make available to you free of charge.

These cookies make it possible, first of all, to count the total number of ads displayed in our advertising spaces, to identify these ads, their respective number of displays, the number of users who clicked on each ad and, where applicable, the subsequent actions taken by these users on the pages to which these ads lead, in order to calculate the amounts owed to the actors in the advertising distribution chain (communication agency, advertising network, site/distribution medium) and to establish statistics.

These advertising cookies also make it possible to adapt the advertising content in our advertising spaces that is displayed on your device, based on the navigation performed by your device in our Services, or even, if applicable, based on the location data transmitted by your device (behavioural advertising). These cookies can also limit the number of times you see the same ad on the same medium.

We do not have subsequent control over the cookies deposited by third-party companies that act independently. These cookies are subject to the privacy policies of these third parties. However, if you wish to reject all or part of the cookies, we invite you to follow the tips below.

Social network cookies (Facebook, Twitter, Pinterest, etc.) generated by “share” buttons

We may include computer applications from third parties in our Services. These allow you to share content from our Services with third parties. This is the case, for example, for the "Share" and "Like" buttons, which come from social networks such as Facebook, Twitter, or Pinterest.

The social network providing a “share” button is likely to identify you through this function, even if you did not use this button during your consultation. Indeed, this type of button may allow the relevant social network to track your browsing in our Services, simply because your social network account was activated on your device (open session) during your visit.

We have no control over the process used by social networks to collect information about your browsing in our Services and the ways in which it is associated with the personal information they already hold. We invite you to consult the privacy policies of these social networks to learn about the purposes for which they use the browsing information (including advertising) they may collect through these application buttons and how to disable tracking by them.

How do I accept or reject cookies? 

By installing and using our application on your device, you accept the use of our cookies.

Your browser can be set to notify you of the cookies that are deposited on your computer and ask you to accept them or not. You can accept or reject cookies on a case-by-case basis or reject them consistently once and for all.

The configuration of each browser is different with regard to the management of the cookies and your choices. We suggest consulting the Help section of your browser or taking a look at the website AboutCookies.org, which offers guidance for all modern browsers. 

You can also configure your preferences, depending on your browser, by clicking on the links that are listed.

• Internet Explorer

• Google Chrome

• Safari

• Firefox

• Opera

You can manage your cookies by visiting centralised cookie management platforms offered by advertising professionals. To do this, log into the http://www.youronlinechoices.com website, which is offered by the digital advertising professionals grouped in the EDAA (European Interactive Digital Advertising Alliance) and managed by IAB France (Interactive Advertising Bureau France).

You will be able to see the companies that are registered on this platform and refuse or accept cookies likely to be used to adapt advertisements to the navigation of your computer.

Configuration differs depending on your mobile device or tablet.

• iOS

• Android

• Blackberry

• Windows Phone

Limit Ad Tracking / Do Not Track

You can set your computer’s browser so that it sends a code indicating to websites that you do not want to be tracked. This option is commonly known as "Do Not Track".

• Internet Explorer™

• Safari™

• Chrome™

• Firefox™

• Opera™

• Microsoft Edge™

You can also set your mobile devices to limit ad tracking or reinitialise your advertising identifier.

• iOS

• Android

• Blackberry

• Windows Phone

Changes

We reserve the right to change this Cookies Policy at any time. In the event that we make material changes to this Cookies Policy, it will be re-posted in the "Cookies" section of our Services with the date the modifications were made indicated at the top of the page. Therefore, please review this Cookies Policy from time to time so that you are aware when any changes are made to it. Your continued use of the Services after such change(s) constitutes your acceptance of any such change(s), and if you do not accept any changes, you may choose not to use the Services.

Contact us

If you have any questions or concerns at all about our Privacy Policy, please feel free to email us at privacy@freshplanet.com, or write to us at:

FreshPlanet
Attn: Privacy – SongPop
79 Madison Ave, 8th Floor
New York, NY, 10016
USA

Additional information
for European Union users

Personal information
References to “personal information” in this Privacy Policy are equivalent to “personal data” governed by European data protection legislation.

Controller
FreshPlanet Inc. is the controller of your personal information for purposes of European data protection legislation.  See the Contact Us section above for contact details.

Legal bases for processing
We use your personal information only as permitted by law.  We are required to inform you of the legal bases of our processing of your personal information, which are described in the table below.  If you have questions about the legal basis of how we process your personal information, contact us at privacy@freshplanet.com.

Processing purpose (click Legal basis link for details)

To provide the App
Processing is necessary to perform the contract governing our provision of the App or to take steps that you request prior to signing up for the App.

To communicate with you
To display advertisements within the App
To create anonymous data for analytics
For compliance, fraud prevention and safety

These processing activities constitute our legitimate interests.  We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal information for our legitimate interests. We do not use your personal information for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).

To comply with law
Processing is necessary to comply with our legal obligations

With your consent
Processing is based on your consent. Where we rely on your consent you have the right to withdraw it anytime in the manner indicated in the Service or by contacting us at privacy@freshplanet.com.

Use for new purposes
We may use your personal information for reasons not described in this Privacy Policy where permitted by law and the reason is compatible with the purpose for which we collected it.  If we need to use your personal information for an unrelated purpose, we will notify you and explain the applicable legal basis.

Retention
We will only retain your personal information for as long as necessary to fulfil the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

When we no longer require the personal information we have otherwise collected about you, we will dissociate such information from the information attached to your content. In some circumstances we may anonymize your personal information (so that it can no longer be associated with you), in which case we may use this information indefinitely without further notice to you.

Your rights
European data protection laws give European Union users certain rights regarding their personal information. If you are located within the European Union, you may ask us to take the following actions in relation to your personal information that we hold:

• Opt-out. Stop sending you direct marketing communications. You may continue to receive service-related and other non-marketing emails.

• Access. Provide you with information about our processing of your personal information and give you access to your personal information.

• Correct. Update or correct inaccuracies in your personal information.

• Delete. Delete your personal information.

• Transfer. Transfer a machine-readable copy of your personal information to you or a third party of your choice.

• Restrict. Restrict the processing of your personal information.

• Object. Object to our reliance on our legitimate interests as the basis of our processing of your personal information.

You can submit these requests by email to privacy@freshplanet.com or our postal address provided above.  We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request.  If we decline your request, we will tell you why, subject to legal restrictions. If you would like to submit a complaint about our use of your personal information or response to your requests regarding your personal information, you may contact us as described above or submit a complaint to the data protection regulator in your jurisdiction.  You can find your data protection regulator here.

Cross-Border Data Transfer
Whenever we transfer your personal information out of the EEA to countries not deemed by the European Commission to provide an adequate level of personal information protection, the transfer will be based:

• Pursuant to the recipient’s compliance with standard contractual clauses, EU-US Privacy Shield, or Binding Corporate Rules

• Pursuant to the consent of the individual to whom the personal information pertains

• As otherwise permitted by applicable EEA requirements.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal information out of the EEA.

SDKs Used in SongPop

In this document, we list the third-party software development kits (“SDKs”) that FreshPlanet Inc. and its subsidiaries and affiliates (collectively, “FreshPlanet”, “we”, “us”, or “our”) use in connection with the SongPop Classic and SongPop mobile applications (the “App”). To view the SongPop Privacy Policy, please click here.

 Although our SDKs may change over time, some key SDKs that we use include:

 SDK:
TYPE SDK | SDK Provider Privacy Policy

 Advertising:
ironSource Mobile Ltd. https://developers.ironsrc.com/ironsource-mobile/air/ironsource-mobile-privacy-policy/

https://developers.is.com/ironsource-mobile/air/ironsource-ccpa-compliance/

 Advertising:
Vungle, Inc. 

https://vungle.com/privacy/ 

https://vungle.com/ccpa-faq/

 Advertising:
Google AdMob

https://policies.google.com/privacy

 Advertising:
Facebook Audience Network

https://www.facebook.com/privacy/explanation
https://www.facebook.com/legal/policy/ccpa

 Advertising:
Unity

https://unity3d.com/legal/privacy-policy

https://unity3d.com/legal/privacy-report

 Advertising:
AppLovin

https://www.applovin.com/privacy/

Advertising:
Fyber
https://www.fyber.com/privacy-policy/

https://www.fyber.com/ccpa-resource/

Advertising:
Pangle

https://www.pangleglobal.com/privacy

 Analytics:
Crashlytics | Fabric | Google LLC. 

https://www.google.com/policies/privacy/

 Analytics:
AppsFlyer

https://www.appsflyer.com/legal/services-privacy-policy/

 Analytics:

Data.ai 

https://www.data.ai/en/legal/privacy/

 Social Media and Analytics:
Facebook 

https://www.facebook.com/privacy/explanation

https://www.facebook.com/legal/policy/ccpa

 We may modify this list of SDKs at any time and without prior notice. When we update this list, we will update the “Last updated” date below.

Last updated:  March 29, 2022.