Privacy Policy

Effective as of July 12, 2018

This “Privacy Policy” describes the privacy practices of FreshPlanet Inc. and our subsidiaries and affiliates (collectively, “FreshPlanet”, “we”, “us”, or “our”) in connection with the SongPop Classic mobile application our games and games services (the “App”). This Privacy Policy describes how we collect, use, disclose and otherwise process personal information in connection with the App, and explains the rights and choices available to individuals with respect to their information.We provide important information for individuals located in the European Union here.

Personal Information We Collect

How We Use Your Personal Information

How We Share your Personal Information

Your Choices

Security

Children

Sensitive Personal Information

International Transfer

Other Websites and Services

Changes to this Privacy Policy

Additional Information for European Union Users

Personal information
we collect

Information you give us
Personal information that you may provide through the App or otherwise communicate with us, including by connecting to our App using your Facebook account, includes:

● Contact information, such as your first name, last name, email address, and phone number and similar identifiers

● Profile information, such as your Facebook username, user ID, profile picture, cover photo, and networks in which you participate (e.g., school, workplace); username you establish with us; biographical information that you provide; and information about your interests and preferences

● Demographic details, such as your age range, language, country, and gender

● Other information that you may choose to authorize us to obtain from Facebook, such as your birthday, friends list, and email address

● Feedback and correspondence, such as information you provide when you report a problem with the App, receive customer support, or otherwise correspond with us

● Transaction information, such as details about purchases you make through the App, and information you provide when you enter into one of our contests or other promotions

● Usage information, such as information about how you use the App and interact with us, including playlists, songs liked, your opponents and scores

● Geolocation information, including information about your location that you provide through the App or elsewhere

● Marketing information, such your preferences for receiving marketing communications and details about how you engage with marketing communications (which may not be considered Personal Information under applicable law)

● Other Personal Information you submit to us through the App, such as information you provide when you use chat features and any other interactive features of the App, and information associated with any information you submit to us through the App

● Audio, Electronic, Visual or other Information such as any photograph you provide as part of your user profile.

Information we collect from other users
We collect information that other users of the App may provide about you, such as the fact that you may be a Facebook friend of another user. Users are able to see a list of their Facebook friends who also use the App.

Referrals
Existing users of our App may have the opportunity to refer friends or other contacts to us. If you are an existing user, you may only submit a referral if you have permission to provide the referral’s contact information to us.

Information automatically collected
When you access our App, we, our service providers, and our business partners may automatically collect Personal Information about you, your mobile device, and activity within our App. The information that may be collected automatically includes your mobile device operating system type and version number, manufacturer and model, device identifier (such as the Google Advertising ID or Apple ID for Advertising), screen resolution, IP address, cell network-based location information, state or geographic area; and information about your use of and actions on our App, such as the screens or content you access, access times and how long you spent accessing content within the App, navigation paths between the screens of the App, and information about your activity on a screen. We, our service providers, and business partners may collect information about individuals’ online activities over time and across third-party websites when an individual uses our App. Certain of such information, including device information, may be considered Personal Information under certain laws, including the CCPA.

Our service providers and business partners may collect data about our users through software development kits (“SDKs”) that we incorporate into the App. The information they collect may include Personal Information. We may use these SDKs for purposes including analytics, social media integration, and advertising:

Analytics SDKs. These SDKs are used to collect information about use of our App. The information gathered may include the types of information described above in the section titled “Information automatically collected“ and may include Personal Information. We use this information on an aggregated or anonymized basis to help operate our App more efficiently, to gather broad demographic information, monitor the level of activity on the App, diagnose errors, and improve the App.

Social Media SDKs. These SDKs help you to interact with social networks you are signed into while using our App, such as by sharing content with the social network and other features you use with the social network. Social networks may also work with our apps for analytics or advertising purposes, as discussed in this section.

Advertising SDKs. These SDKs allow our advertising partners to collect information about your devices, and how you use our App and other sites and applications over time; and to use this information to show you ads of potential interest and measure how the ads perform. These third parties’ collection, use, and sharing of your Personal Information are subject to the privacy policies and terms of our advertising customers, the links to which are appended to this agreement. You may be able to control or limit use of certain information collected through advertising SDKs for purposes of targeted advertising. For additional information, please review the “Targeted online advertising” portion of the “Your Choices” section of this Privacy Policy. You may also control the use of certain information under the CCPA, as addressed in the section entitled “Your California Privacy Rights.”

We maintain a list of SDKs used in our App here.

How we use
your personal information

To provide our App
If you create an account within the App or otherwise use our App, we use your Personal Information to:

● operate, maintain, administer and improve the App

● create and manage your user profile within the App

● enable you to login to the App using third-party authentication providers, such as Facebook

● facilitate social features of our app, such as by identifying and suggesting connections with other App users, providing chat functionality, and by enabling matches between opponents

● customize and personalize your user experience

● manage and communicate with you regarding your account with us, if you have one, including by sending you service announcements, technical notices, updates, security alerts, two-factor authentication messages, and support and administrative messages

● process and manage purchases and registrations you make through the App, including to administer contests and other promotions

● manage individual referrals

● better understand your needs and interests, and personalize your experience with the App

● provide support and maintenance for the App

● respond to your service-related requests, questions, feedback, and complaints

If you connect to the App via Facebook, we automatically complete your profile with the name and profile photo that we obtained from Facebook when you connected your Facebook account to the App. You may change the information contained within your user profile via the settings screen of the App.

To communicate with you
If you request information from us (such as signing up for our newsletter), register on the App, or participate in our contests or promotions, we may send you FreshPlanet-related marketing communications as permitted by law. You will have the ability to opt out of such communications.

To display advertisements within the App
We work with advertising partners to display advertisements within the App to users who do not have VIP status and to VIP members who choose to receive advertisements in exchange for in-app rewards. These advertisements are delivered by our advertising partners and may be targeted based on your activity within the App or elsewhere online. Under certain circumstances you may be able to opt-out of use of your Personal Information for use of advertising features. To learn more about your choices in connection with advertisements, please see the sections below titled “Targeted online advertising,” “Your Rights under the GDPR,” and “Your California Privacy Rights.”

We use your Personal Information as we believe necessary or appropriate to comply with applicable laws, lawful requests and legal process, such as to respond to subpoenas or requests from government authorities.

With your consent
We will request your consent to use your Personal Information where required by law, such as where privacy laws require that we option your permission to send you certain marketing messages. If we request your consent to use your Personal Information, you have the right to withdraw your consent any time in the manner indicated when we requested the consent or by contacting us. If you have consented to receive marketing communications from our third party partners, you may withdraw your consent by contacting those partners directly.

To create anonymous data for analytics
We may create anonymous data from your Personal Information and aggregate it with that of other individuals whose Personal Information we collect for business purposes. Personal Information is anonymized by excluding information that makes the data personally identifiable to you.

For compliance, fraud prevention and safety
We use your personal information as we believe necessary or appropriate to (a) enforce the terms and conditions that govern the Service; (b) protect our rights, privacy, safety or property, and/or that of you or others; and (c) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity. This includes our ability to monitor and review the contents of messages exchanged through the App’s chat features, such as when we receive a complaint from another user.

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

We encourage parents and guardians to teach their children about privacy and how their information may be used on the Internet. Children should never disclose their name, address or phone number, or any personal information, without their parents’ or guardian's prior permission.

We consider a user to be a child if they are under the age of 13, unless more stringent regulation applies in their state of residence.

If we consider that any of our Services are directed at users under the minimum legal age required in their country of residence, we can block such users from using the Services or from providing information and/or limit the collection of information from such users as described below in more detail.

No personal information should be submitted to Gameloft by users under the minimum legal age required in their state of residence. We apply the following limitations to personal information collection for a user that is not of the minimum legal age required in their state of residence.

Such a user cannot:

display their real name or any information in the games
access the chat, leaderboard, forums, SNS (Facebook, Game Center, etc.)
subscribe to newsletters
use any other feature where users could appear under their real names

With respect to such a user, we will prevent the collection and use of their precise geolocation data and display to them contextual advertising only (excluding any behavioral advertising).

Children can be invited to take part in testing our games (playtests) with their parents' or guardians’ authorization and/or their parents' or guardians’ physical presence being required depending on the state where the playtest is conducted.

Parents must exercise their privacy rights for their children. Please refer to the "Your rights" section of this Privacy Policy.

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.

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:

Gameloft S.E.

14 rue Auber

75009 Paris

France

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.

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