Privacy Policy

FUN BITS INTERACTIVE, LLC PRIVACY POLICY

January 25, 2017

Our Privacy Commitment

Fun Bits Interactive, LLC (“FB,” “we,” “us” or “our”) is committed to respecting the privacy rights and concerns of all users of the Orbital Loop application (the “App”) (we refer to the App, the services made available through the App, collectively, as the “FB Services”).  As such, we have established and implemented this Privacy Policy to inform visitors to the App and users of FB Services of how we use and protect the information we collect through the App.  By visiting or browsing the App(s) or using the FB Services, you consent to FB’s collection, use, storage, deletion, transfer to the United States, and disclosure of personal information relating to you as set forth in this Privacy Policy.  This Privacy Policy is effective as of the date set forth above and is only applicable to the App(s) and not to any other web App that you may be able to access from the App(s) which may have its own data collection and use practices and policies.

This policy answers the following questions:

–   What information do we collect about you and how do we use it?

–   Will we share your personal information with third parties?

–   What choices do you have about the collection and use of your personal information?

–   What security measures do we take to safeguard your personal information?

WHAT INFORMATION DO WE COLLECT ABOUT YOU AND HOW DO WE USE IT?

Types of Information We Collect

Personal information means information that can be used to identify and contact you.  The App and FB Services may collect personal information from you including your email address, name and cookies.   If you do not want to disclose certain personal information to us, you will not be able to access certain aspects of the FB Services, such as forums.

Personal information is collected from you when you create an account on the App; subscribe to our newsletter; participate in App feedback, questionnaires, surveys, contests, sweepstakes, or other promotions or receive customer or technical support.

To create an account to use the FB Services, we will require you to provide certain information to create your account, including your email address, user name and password.

If you sign up to the FB Services through Facebook, Twitter or Google Plus, we may also collect personally identifiable information from these social networking sites and database services, including the Facebook Groups that you belong to.

How We Use Your Personal Information

Newsletters.  FB may use your email address or other personal information to send you commercial or marketing messages including, without limitation, newsletters, promotions, updates, special offers, and email communications about our products or services.  We will also use your email address to contact you regarding any customer or technical support issues.

Account Login. The personal information you provide will allow you to log in to the App and FB Services.

We keep track of your interactions with us, including but not limited to your activity within the FB Services, as further described below. We may use personal information that you provide to us to send messages to you in response to your request to perform an activity in connection with your use of any of the FB Services.  We may also use your personal information to contact you when necessary.

Generally.  In addition, we may use your personal information that we collect about you:  (1) to process your registration with the App and/or any of the FB Services, including verifying your information is active and valid; (2) to improve the App and/or FB Services or create new service offerings, to customize your experience on the App and/or any of the FB Services, or to serve you specific content that is most relevant to you; (3) to contact you with regard to your use of the App and/or any of the FB Services and, in our discretion, changes to the App and/or any of the FB Services  and/or any of the App and/or FB Services’ policies; (4) for internal business purposes; and (5) for purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy.

Use of Information for Recruitment Purposes.  Where you have provided us with personal information as part of an online application for employment or internship, we may use that information in order to allow us to make an informed decision about whether to proceed with your application.  We may, as part of this recruitment process, collect information about your education, employment history and similar matters.  Where this personal information is considered to be sensitive, you expressly consent to our processing of this information for recruitment purposes by submitting it to us.

De-Personalizing Your Information

We may make your personal information non-personally identifiable by either combining it with information about other users (aggregating your personal information with information about other users), or by removing characteristics (such as your name or email address) that make the information personally identifiable.  This process is known as de-personalizing your information.  You grant us a royalty-free, worldwide, perpetual, irrevocable and fully transferable right and license to use your personal information in connection with the creation and development of analytical and statistical analysis tools relating to the use of the customer data we collect on the App and FB Services (the “Analytical Data”).  We are expressly authorized to make any commercial use of the Analytical Data, including without limitation, sharing the Analytical Data with third parties.

Cookies and other Technical Information

In addition to any personal information or other information that you choose to submit to us via the FB Services, we and our third-party service providers may use a variety of technologies that automatically (or passively) store or collect certain information whenever you visit or interact with the App and/or FB Services (“Usage Information”).  This Usage Information may be stored or accessed using a variety of technologies that may be downloaded to your personal computer, browser, laptop, tablet, mobile phone or other device (a “Device”) whenever you visit or interact with the App and/or FB Services.  To the extent we associate Usage Information with your Personal Information we collect directly from you on the App and/or FB Services, we will treat it as personal information.

“Cookies” are small bits of electronic information that a website sends to a visitor’s browser and are stored on the visitor’s hard drive.  Like many websites, we employ cookies in certain areas of the App to allow us to provide information to make your online experience more convenient and to enhance your experience with the App.  For example, when you return to the App after logging in, cookies provide information so that the App will remember who you are on subsequent visits, speeding up or enhancing your experience of the App by, for instance, tailoring content to you.  A user may configure his or her web browsers to accept or reject or delete the cookies, or notify the user when a cookie is being set.

We may collect other Usage Information from users of the App and/or FB Services, including their IP address, browser type, domain names, access times, and geolocational information.

Web Beacons

We employ third party tracking utility software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), that help us better manage content on our App by informing us what content is effective.  Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users.  In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence.  In short, clear gifs enable two websites to share information with one another.  We do not tie the information gathered by clear gifs to our customers’ personal information.

Tracking Pixel

A tracking “pixel” is a transparent graphic image (usually 1 pixel x 1 pixel) that is placed on a web page and allows for the collection of information regarding the use of the web page that contains the tracking pixel. FB uses third party ad servers to support tracking pixels and cookies.

Third Party Tools

Our App uses the following third party webApp tracking tools to help us learn about who visits our App and what pages are being viewed. Please click on the links below to learn more about these vendors and their privacy policies:

Google Analytics - http://www.google.com/policies/privacy/

Social Media Features

Our App interfaces with social media sites such as Facebook, Twitter, Google Plus and others.  If you choose to log in to your account on the App through those social media sites, then FB may access your information on those sites and import, use, and share your “friends” list or contacts from those sites.  If you choose to “like” or share personal information through those services, you should review the privacy policy of that service.  Those social media sites may collect your IP address or set cookies.  If you are a member of a social media site, the interfaces may allow the social media site to connect and view your personally identifiable information.  In addition, we may provide third-party sites’ interfaces or links on the FB Services to facilitate your sending a communication from the FB Services.  For example, we may use third parties to facilitate emails, tweets or Facebook postings.  Further, when you use third-party sites or services, you are using their services and not our services and they, not we, are responsible for their practices.  You should review the applicable third-party privacy policies before using such third-party tools on the App and/or FB Services.

Tracking Technologies Usage.  We may use tracking technologies for a variety of purposes, including:

Strictly Necessary.  We may use cookies or other tracking technologies that we consider are strictly necessary to allow you to use and access the App and/or FB Services, including cookies required to prevent fraudulent activity, improve security or allow you to make use of shopping‑cart functionality.

Performance‑Related.  We may use cookies or other tracking technologies that are useful in order to assess the performance of the App and/or FB Services, including as part of our analytic practices or otherwise to improve the content, products or services offered through the App and/or FB Services.

Functionality‑Related.  We may use cookies or other tracking technologies that are required to offer you enhanced functionality when accessing the App and/or FB Services, including identifying you when you sign‑in to the App and/or FB Services or keeping track of our specified preferences, including in terms of the presentation of content on the App and/or FB Services.

            Tracking Technologies Choices and Consent.  We obtain your consent to our information storage or collection tracking technologies by providing you with transparent information in our Privacy Policy and providing you with the opportunity to make a choice to disable cookies as set forth above.  Please note that we are not required to obtain your consent to the information collection Tracking Technologies identified above that are strictly necessary.  If you are a resident of Europe, you may have the right to object to other use of information storage or collection technologies.

Third Party Tracking and Do Not Track.  There may be other tracking technologies now and later devised and used by us in connection with the FB Services.  Third parties may use tracking technologies in connection with the FB Services, which may include the collection of information about your online activities over time and across third party web sites or online services.  We may not control those tracking technologies and we are not responsible for them.  However, you consent to potentially encountering third party tracking technologies in connection with use of the FB Services and accept that our statements under this Privacy Policy do not apply to the tracking technologies or practices of such third parties.

Various third parties are developing or have developed signals or other mechanisms for the expression of consumer choice regarding the collection of information about an individual consumer’s online activities over time and across third party web sites or online services (e.g., browser do not track signals).  Currently, we do not monitor or take any action with respect to these do not track signals or other mechanisms.

CHILDREN’S PRIVACY

We are a general audience service and we do not knowingly collect any personal information from children under the age of 13, allow them to create accounts, sign up for newsletters, use the FB Services, or browse the App.  If you are a child under 13 years of age, you are not permitted to use the Service and should not send any information about yourself to us through the Service.  We take children’s privacy seriously and encourage parents to play an active role in their children’s online experience at all times.  We urge parents to instruct their children never to give out their real names, addresses, or phone numbers, without parental permission, when on-line.  If you have any concerns about your child’s personal information, please contact us at info@funbits.com.

HOW WE SHARE YOUR PERSONAL INFORMATION WITH THIRD PARTIES

We will share the personal information we collect from you under the following circumstances:

–   Protection of rights.  We will share personal information if we have a good faith belief that (i) access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process, such as a court order or subpoena, or a request by law enforcement or governmental authorities, (ii) such action is necessary to detect, prevent, or otherwise address fraud, security or technical issues associated with the App or FB Services, or (iii) such action is appropriate to protect the rights, property or safety of FB, its employees, clients, or users of the App.

–   Asset transfers.  If we become involved in a merger, acquisition, bankruptcy or other transaction involving the sale of some or all of FB’s assets or a line of business, user information, including personal information collected from you through your use of the App and FB Services, could be included in the transferred assets.  Should such an event occur, FB will use reasonable means to notify you through a prominent notice on the App.

– Service Providers and Partners. We may share your personal information with third party vendors or service providers that we engage for the purpose of fulfilling product orders, processing information on our and your behalf, operating or hosting the App and/or FB Services, or providing services related to the online components of our games. For example, we may partner with other companies to process payments for the App. Additionally, we may partner with other companies to process consumer surveys, fulfill prizes, or to process, analyze, and/or store data, including, but not limited to, Analytical Data. We may also provide your personal information, such as your email address, to our publishing partner, Sony Computer Entertainment of America, and its affiliates, in connection with the online components of our games. For example, we may provide Sony Computer Entertainment of America your email address so that Sony Computer Entertainment of America may send you an invite to participate in the alpha or beta testing of our games or to access certain parts of our forums which are only available to game testing participants. While providing services for us, these companies may access your personal information. To the extent applicable, we require these entities to comply with this Privacy Policy and appropriate confidentiality and security measures.

- Your California Privacy Rights.  Under California law, California residents who have an established business relationship with FB or one of its affiliates may choose to opt out of FB’ disclosure of personal information about them to third parties for direct marketing purposes.  Our policy is not to disclose personal information collected online to a third party for direct marketing purposes if you elect to opt-out of such disclosure.  If you choose to opt-out at any time, email:info@funbits.com or write to Fun Bits Interactive, LLC, 316 2nd Ave. S., Suite 300, Seattle, Washington 98104; Attn: Legal Department.

Additional Information You Should Know About Third Parties

This Privacy Policy does not cover the information practices of third party webs linked to the App and/or technologies embedded in the App and/or FB Services.  Please be aware that we cannot control the activities of third parties to whom we provide data, and as such we cannot guarantee that they adhere to the same privacy and security procedures as FB, but we take reasonable steps ensure that their policies are at least as restrictive as those set forth in this Privacy Policy.

Additionally, when you click on a third party logo or URL displayed on our App which links you to a different website, our Privacy Policy no longer applies and you must read the privacy policy of the third party to see how your personal information will be handled on their website.  If you cannot find their privacy policy, then you should contact the respective webmasters of those websites to obtain information regarding their information collection, use and disclosure policies.  We are not responsible for their collection and use of your personal information.

WHAT CHOICES DO YOU HAVE ABOUT THE COLLECTION AND USE OF YOUR PERSONAL INFORMATION?

When you provide us with personal information, you consent to our collecting, using, and sharing it in accordance with this Privacy Policy.  If we ask for your personal information for a secondary reason, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

Control of Your Information

FB allows you to control the way we use personally identifying information that we might obtain.  At the time you provide personal information, FB may give you the option of declining any future offers or information about new products, promotions, or services.  In addition, many of the “mailings” FB may send you, such as newsletters, have procedures within them to cancel the receipt of any future mailings.  Lastly, you may “opt-out” of certain third-party sharing by requesting the deletion of your personal information.

The App and/or FB Services may permit you to submit ideas, photographs, user profiles, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or other content, including personal information (collectively, “User Content”), such as on blogs and message boards.  We or others may store, display, reproduce, publish, distribute or otherwise use User Content online or offline in any media or format (currently existing or hereafter developed) and may or may not attribute it to you. Others may have access to this User Content and may have the ability to share it with third parties.  Please think carefully before deciding what information you share, including personal information, in connection with your User Content.  Please note that FB does not control who will have access to the information that you choose to make public, and cannot ensure that parties who have access to such publicly available information will respect your privacy or keep it secure.  We are not responsible for the privacy or security of any information that you make publicly available on the App and/or FB Services or what others do with information you share with them on the App and/or FB Services.  We are not responsible for the accuracy, use or misuse of any User Content that you disclose or receive from third parties through the FB Services.

Data Retention

FB retains the collected data for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.  Thereafter, FB deletes all aforementioned data in its possession within a reasonable timeframe.  FB does not verify the correctness of personal data, but does allow you to update and correct information as set forth below.

Please note that some data may be retained if necessary to resolve disputes, enforce FB’s terms of service, and comply with technical and legal requirements and constraints related to the security, integrity and operation of the App or FB Services.

How to Opt-out, Correct or Delete Your Data

Any individual who seeks access, or who seeks to opt-out of certain third party sharing, correct, amend, or delete inaccurate data should direct his or her query to the below email or physical address.  If, for any reason, you are concerned with the way we are using your personal information, or would like to request that we delete such personal information, please contact us at info@funbits.comor by mail at Fun Bits Interactive, LLC, ATTN: PRIVACY OPT-OUT, Fun Bits Interactive, LLC, 316 2nd Ave. S., Suite 300, Seattle, Washington 98104.

We will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable (but we may retain prior information as business records). In some cases, we may not be able to delete your personal information, and will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Governing Law

This Privacy Policy is governed by, and construed under, the laws of the United States of America and the laws of the State of Washington, excluding its choice of law provisions.

Mediation

You agree that, in the event any dispute or claim arises out of or relating to this Privacy Policy, you and FB will attempt in good faith to negotiate a written resolution of the matter directly between the parties.  You agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Seattle, Washington with a mutually agreed mediator in an attempt to resolve the dispute.  Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorneys’ fees, even if you would otherwise be entitled to them.

Location of Services

The App and FB Services are operated in the United States.  If you are located outside of the United States, please be aware that information we collect, including personal information, will be transferred to, and processed, stored and used in the United States.  The data protection laws in the United States may differ from those of the country in which you are located, and your personal information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States.  By using the App and FB Services or providing us with any information, you consent to the transfer to, and processing, usage, sharing and storage of your information, including personal information, in the United States as set forth in this Privacy Policy.

If you are a resident of Europe, including Switzerland, you may have the right to ask us not to process certain of your personal data (or provide it to third parties to process) for marketing purposes.  You can exercise your right, if applicable, to prevent such processing at any time by contacting us in the following ways:  Postal Mail: Fun Bits Interactive, LLC, ATTN: EUROPEAN PRIVACY, Fun Bits Interactive, LLC 316 2nd Ave. S., Suite 300, Seattle, Washington 98104; By e-mail:info@funbits.com.

WHAT SECURITY MEASURES DO WE TAKE TO SAFEGUARD YOUR PERSONAL INFORMATION?

The personal information that you provide to us is stored on servers that are located in secured facilities and protected by protocols and procedures designed to ensure the security of such information.  In addition, FB employees and agents who have access to your personal information are trained in the maintenance and security of that information.   We take reasonable steps to ensure any third party agents handling personal information on our behalf provide at least the same level of protection as set forth in this Privacy Policy.  However, no server, computer or communications network or system, or data transmission over the Internet can be guaranteed to be 100% secure.  As a result, while we strive to protect user information, we cannot ensure or warrant the security of any information you transmit to us or through the App or FB Services and you acknowledge and agree that you provide such information and engage in such transmissions at your own risk.  Once we receive a transmission from you, we will endeavor to maintain its security on our systems.

Notification of Changes

This Privacy Policy may change from time to time and we will post all changes on the App.  You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you use the App or FB Services after the updated Privacy Policy is posted on the App.  If at any point you do not agree to any portion of the Privacy Policy then in effect, you must immediately stop using the App and FB Services.  To the extent any provision of this Privacy Policy is found by a competent tribunal to be invalid or unenforceable, such provision shall be severed to the extent necessary for the remainder to be valid and enforceable.

Questions?  Contact Us

If you have any questions about our privacy practices or this Privacy Policy, please contact us at: info@funbits.com.

Terms of Use

Please read the Terms of Use governing the use of the App(s) and the FB Features.  By using our App and FB Services, you consent to our Privacy Policy and Terms of Service and our collection, use and sharing of your information and data, and other activities, as described above.