Effective Date: May 30, 2015
TABLE OF CONTENTS
- II. What Is Personal Information And When Does Trivie Collect It?
- III. What Is Non-Personal Information And When Does Trivie Collect It?
- IV. Information Provided to Trivie By Third Parties.
- V. What Happens To The Information Trivie Collects?
- VI. Where Is The Information Held?
- VII. How Does Trivie Protect Your Personal Information?
- VIII. Review, Correction of Your Information, Requesting Removal From Mailing Lists And Deactivating Your Account
- IX. A Special Note About Children.
- X. Public Information Including User Generated Content, Online Forums, Blogs And Profiles
- XI. Third Party Sites
- XII. In Partnership With Third Party(s)
- XIII. Information
- XIV. Resolution By Binding Arbitration
II. What Is Personal Information And When Does Trivie Collect It?
Trivie collects both personal and non-personal consumer information. Personal information collected by Trivie is discussed below in this section. Non-personal information is discussed below in Section IV.
Personal information is information that identifies you and that can be used alone, to contact you on-line or off-line. Trivie may collect personal information from our online visitors during:
- Contest registration and prize acceptance;
- Warranty registration and requests;
- Customer support and/or technical service requests;
- Player match up and other head-to-head online competitions;
- Registration for games and/or special game-specific events;
- Newsletter subscriptions, referral services, and other marketing surveys and email campaigns;
- Creation of a personal profile;
- Product, service and/or subscription orders;
- Service requests from third party service providers on our site;
- Access to our products and/or services on social networks or other third party services; and
- Otherwise through use of our software, mobile or online services where personal information is required for use and/or participation.
Information collected will vary depending upon the activity and may include your name, email address, phone number, home address, birth date, mobile phone number, Facebook information, and credit card information. Visitors to Trivie may also be asked to provide the name of their mobile service carrier, model of their mobile phone and a valid mobile number so that we may provide purchase instructions directly to their mobile phone. In that context, your mobile number will only be used to send you a text message with a link to download your game and will not be retained for any other purpose. Prize winners may be required to provide their Social Security or other identification number for tax purposes, and will be used only for prize fulfillment.
III. What Is Non-Personal Information and When Does Trivie Collect It?
Non-personal information, alone, cannot be used to identify or contact you. Trivie collects non-personal information about your use of our online and mobile products and services both on our website and in the course of game play and software usage (on mobile and other game platforms).
We will retain your information for as long as your account is active or as needed to provide you services. There may be instances where we are legally required to retain your information.
A. What Types of Non-Personal Information Does Trivie Collect?
When you use Trivie products and services, we may collect certain non-personally identifiable information for purposes including improving our products and services, troubleshooting bugs, providing services to you, facilitating the provision of software updates, dynamically served content and product support as well as communicating with you. The non-personal information collected may include demographic information including information about your computer, hardware, software, platform, game system, media, mobile device, including unique device IDs or other device identifiers, incident data, Internet Protocol (IP) address, network Media Access Control (MAC) address and connection. We also collect other non-personal information such as username, user ID or persona, feature usage, game play statistics, scores and achievements, user rankings and click paths as well as other data that you may provide in surveys, via your account preferences and online profiles such as friends lists or purchases, for instance. We may also receive either non-personal or public information from third parties in connection with market and demographic studies and/or other data that we use to supplement personal information provided directly by you.
B. How Does Trivie Collect Non-Personal Information?
We and other third parties may also use flash cookies, also known as “local shared objects,” on our sites that employ Flash technology. Flash cookies are small files similar to browser cookies and are used to remember the site's settings to personalize the look and feel of the site. Like normal cookies, Flash cookies are represented as small files on your computer. One method of preventing Flash cookies from being placed is to adjust your preferences in the Macromedia Website Privacy Settings Panel at www.macromedia.com.
2. Clear GIFs And Tracking Pixels
Clear GIFs (a.k.a. web bugs, beacons or tags) are small graphic images placed on a web page, web-based document, or in an email message. Clear GIFs are invisible to the user because they are typically very small (only 1-by-1 pixel) and the same color as the background of the web page, document or email message. We do not use clear GIFs to collect personal information about you. However, we may use clear GIFs to capture statistical usage information for our web pages, features or other elements on a web page. We correlate this information to a user to personalize user experience and for statistical analysis of user experiences on our web pages.
We and third parties may also use tracking pixels, which allow us to advertise more efficiently by excluding our current users from certain promotional messages or identifying the source of a new installation.
3. Internet Log Files
Trivie and other third parties also may maintain log files that contain IP addresses. An IP address is a numeric address that may be assigned to your computer by your Internet Service Provider. In general, we use log files to monitor traffic on our websites, to troubleshoot technical problems and authenticate users' entitlements to our products. In the event of user abuse of our websites, however, we may block certain IP addresses or game system IDs provided by our licensed hardware manufacturers. If available, IP addresses and game system IDs may be used to personally identify you in order to enforce our Terms of Service.
4. Analytic Metrics Tools and Other Technologies
Trivie also uses its own proprietary analytic metrics tool and other third party analytics technologies to collect non-personal information when you use our online products and services and/or play our games on your computer, game system and/or mobile device. These tools and technologies use server log files, web beacons, cookies, tracking pixels and other technologies to collect and analyze certain types of information, including cookies, IP addresses (including for purposes of determining your approximate geographic location), mobile or other hardware device ID or other device identifiers, browser types, browser language, information passed from your browser (if any), referring and exit pages, and URLs, platform type, the number of clicks, information about your media, peripheral hardware, software and/or applications installed on your machine and/or device, domain names and types, landing pages, pages viewed and the order of those pages, the date and amount of time spent on particular pages, other Internet and website usage information, game state and the date and time of activity on our websites or games, information about how your game is used, including game metrics and statistics, feature usage and purchase history, as well as unique hardware identifiers such as MAC Address, mobile unique device ID (if applicable) and other similar information.
The third party analytics companies who collect information on our sites and in the context of our online and mobile products and/or services may combine the information collected with other information they have independently collected from other websites and/or other online or mobile products and services relating to your activities across their network of websites as well as online and/or mobile products and services. Many of these companies collect and use information under their own privacy policies.
5. Third Party Ad Serving Technology
The advertising companies who deliver ads for us may combine the information collected or obtained from Trivie with other information they have independently collected from other websites and/or other online or mobile products and services relating to your web browser's activities across their network of websites. Many of these companies collect and use information under their own privacy policies.
For more information about the practices of other large ad serving companies that may collect information based on your interaction with ads on this site and others, or to "opt out" of targeted advertising delivered by National Advertising Initiative (NAI) member ad networks, you should visit www.networkadvertising.org.
These ad serving technologies are integrated into our sites, online or mobile products and services; if you do not want to use this technology, do not play.
6. Anti-Cheat and Fraud Prevention Technologies
Trivie strives to provide a safe and fair gaming environment to all players of its games. To prevent fraudulent activities and behaviors that may negatively affect the experiences of a player, Trivie is authorized to use "anti-cheating" software, or applications for the prevention of fraud for our Internet presence, during the use of our online products and/or services (including online games), and mobile platforms.
IV. Information Provided To Trivie Third Parties.
Trivie also obtains personal and non-personal information from third parties as discussed below. Trivie only uses this data for purposes consistent with this policy.
1. Trivie mobile game
If you sign up to play Trivie games through a mobile device, your account information will be provided to Trivie so that we can establish an account (also for you. You need a Trivie account to play our games. By signing up to play Trivie's games, you agree that limited user account information can be transferred to Trivie. Information transferred to Trivie includes your name, email address, online ID, country, language and date of birth and may include credit card number or other financial account information.
2. Other Personal Information Collected From Third Parties
We may also receive other information from third parties, including in connection with the operation and distribution of our products and services as well as market and demographic studies that we use to supplement personal and anonymous information collected or provided directly by you. Some third party services such as Twitter and Facebook may also provide us with information from your accounts there with your permission.
We may also collect or receive information about you from other Trivie users who choose to upload their email and other contacts. This information will be stored by us and used primarily to help you and your friends connect.
V. What Happens To The Information Trivie Collects?
A. How Trivie Uses Your Information
Trivie uses your information to fulfill your specific requests, purchase orders and to send you purchase confirmation and other account-related information. In addition, the personal information you provide will allow us to send you messages about things including new products, features, enhancements, special offers, upgrade opportunities, contests and events of interest. You may also later opt out of certain of these communications.
Otherwise, Trivie uses personal and non-personal information, both individually and combined together, to better enhance your user experience, improve our products and services, understand the behavior and preferences of our customers, to troubleshoot technical problems, to serve static and dynamic advertising, for authentication purposes, to enforce our Terms of Service, to ensure proper functioning of our products and services as well as to help improve them. In addition, we combine non-personal information with personal information, such as an email address, for purposes including providing excellent customer service, administering loyalty programs, and tailoring our communications, offerings, web pages and/or game play experience to you.
If you choose to refer our service, we will ask you for your friend's name and email address. We will send your friend an email on your behalf inviting him or her to visit the site or check out our product. Trivie stores your friend's name and email for a short period for the sole purpose of sending this email and for redundancy checking, to be sure that your friend does not receive multiple copies of the same email message. We do not keep or use this information for any other purpose.
Your participation in tournaments or other online game events is also conditional upon our collection, use, storage, transmission and public display of statistical data (such as your scores, rankings and achievements) generated through your participation.
B. Will Trivie Share My Information With Third Parties?
Trivie will never share your personally identifiable information with third parties without your consent. We may, however, share non-personally identifiable, aggregated and/or public information with third parties. There may be circumstances where you may share information on your own. Please see section X for more details about your rights to information you share publicly on Trivie and other third party sites and forums. You may also opt in to allow Trivie to share your personal information with companies and organizations that provide products or services that we believe may be of interest to you. To opt out of further communications from a marketing partner or sponsor with whom your information has been shared, please contact that partner or sponsor directly.
Trivie does not disclose any personal information about children under 18 years of age who have registered on any of our websites to third parties, or share or disclose personal information other than as set forth in this policy, provided however, that in the event of a merger, acquisition, or the unlikely event of bankruptcy, management of Trivie customer information may be transferred to its successor or assign regardless of age.
From time to time, Trivie employs third party contractors to collect personal information on our behalf to provide email delivery, product, prize or promotional fulfillment, contest administration, credit card processing, shipping or other services on our sites. When requesting these services, you may be asked to supply your name, mailing address, telephone number and email address to our contractors. We ask some third party contractors, such as credit agencies, data analytics or market research firms, to supplement personal information that you provide to us for our own marketing and demographic studies, so that we can consistently improve our sites and related advertising to better meet our visitors' needs and preferences. To enrich our understanding of individual customers, we tie this information to the personal information you provide to us.
When our third party agents or service providers collect and/or have access any information other than non-personal, anonymous and/or aggregated data, Trivie requires that they use data consistently with our stated privacy policies and protect the confidentiality of personal information they collect or have access to in the course of their engagement by Trivie. These third parties are prohibited from using your personal information for any other purpose without your specific consent.
You will be notified before any third party that is not our agent/service provider, so you can make an informed choice as to whether or not to share your information with that party collects your personal information.
We may also access and disclose personal information, including personal communications, in connection with report abuse functions in our products and services, to enforce legal rights and comply with the law, or to comply with an order from a government entity or other competent authority, or when we have reason to believe that a disclosure is necessary to address potential or actual injury or interference with our rights, property, operations, users or others who may be harmed or may suffer loss or damage, or when we believe that disclosure is necessary to protect our rights, combat fraud and/or comply with a judicial proceeding, court order, or legal process served on Trivie. Note that certain publically available information you post and communicate on our and third party sites and services is public information for which you have no expectation of privacy. See Section X for more details.
VI. Where Is The Information Held?
The servers and equipment on which your data is stored and processed may be owned and operated by third parties with whom Trivie has contracted to receive, store and process your personal and non-personal information. In addition, Trivie and those third parties that it has designated, may further transfer, store and process your personal information on servers and equipment located in other countries. You should be aware that the data protection laws of other countries might not be the same as the data protection laws of your country of residence. By submitting your personal information to Trivie, you agree to the transfer, storage and processing of your personal information as described in this section.
VII. How Does Trivie Protect Your Personal Information?
Trivie understands the importance of keeping your information safe and secure. Trivie will make commercially reasonable effort to protect your personal information and ensure the security of our systems. No method of transmission over the Internet or cellular networks, or method of electronic storage, is 100% secure, however. We cannot assume responsibility or liability for unauthorized access to our servers and systems.
VII. Review, Correction Of Your Information, Requesting Removal From Mailing Lists And Deactivating Your Account
You can correct or update your account information at any time by logging on our site and navigating to “My Profile,” or other account settings. Should you be unable to log in or wish to have your account(s) deactivated, please visit our contact page at www.trivie.com. We will be happy to review, update or remove information as appropriate. We may still retain your information in our files however, to resolve disputes, enforce our user agreement, and due to technical and legal requirements and constraints related to the security, integrity and operation of our websites.
If you've granted Trivie access to your Facebook account information through a Trivie application, you may request that Trivie delete your Facebook information by following the instructions at www.facebook.com/help. Note that as a result of deleting your data associated with an application on Facebook, you will no longer have access to that application.
IX. A Special Note About Children
Many Trivie online or mobile products and services are intended for general audiences and do not knowingly collect any personal information from children. When an Trivie online or mobile product or service does collect age information, and users identify themselves as under 13, the product or service will either block such users from providing personal information, or will ensure consent is obtained from parents for the collection, use and sharing of their children's personal information. We will not knowingly ask children under the age of 13 to provide more information than is reasonably necessary to provide our services.
Please note that if you grant consent for your child to use Trivie's online or mobile products and services, this will include such general audience communication services as e-mail, instant messaging, and online groups, and your child will be able to communicate with, and disclose personal information to, other users of all ages.
If we change this privacy statement in a way that expands the collection, use or disclosure of children's personal information to which a parent has previously consented, the parent will be notified and we will be required to obtain the parent's additional consent.
We encourage you to talk with your children about communicating with strangers and disclosing personal information online. You and your child should review our Online Safety web page for additional information about using the Internet safely.
Under no circumstances do we condition a child's participation in an activity—like contests—on the child's disclosure of more personal information than is reasonably necessary to participate in the activity. On certain sites, we may not permit children to participate at all regardless of consent.
X. Public Information Including User Generated Content, Online Forums, Blogs And Profiles
You may choose to disclose information about yourself in the course of contributing user generated content to Trivie sites or games or in our online chat rooms, blogs, message boards, user “profiles” for public view or in similar forums on our sites and/or on third party sites. Information that you disclose in any of these forums is unencrypted, public information, may be accessed or recorded by Trivie employees, and there is no expectation of privacy or confidentiality there.
You should be aware that any personally identifiable information you submit in the course of these public activities can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to make public in any of these forums.
Note also that in the ordinary course of Internet activity, certain information may be sent from your browser to third parties such as advertising networks and analytics companies. Trivie has no control over the information sent from your browser to those networks or other third parties and recommends that you ensure that your browser settings prevent the disclosure of information you would not like to share.
If you post a video, image or photo on one of our sites for public view you should be aware that these may be viewed, collected, copied and/or used by other users without your consent. We are not responsible for the videos, images or photos that you choose to submit to Trivie's site. Please see our Terms of Service at www.trivie.com on this point and for other guidelines about posting content on our websites.
XI. Third Party Sites.
XII. Products Offered In Partnership With Third Party(s)
XIII. Contact Information
XIV. Dispute Resolution By Binding Arbitration
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Most customer concerns can be resolved quickly and to your satisfaction by logging into our website at www.trivie.com and contacting us. In the unlikely event that Trivie cannot resolve a concern to your satisfaction (or if Trivie cannot resolve a concern it has with you after attempting to do so informally), then you and Trivie agree to be bound by the following procedure to resolve any and all disputes between us. This provision applies to all consumers to the fullest extent allowable by law, but expressly excludes residents of Quebec, Russia, Switzerland and the Member States of the European Union. By accepting these terms, you and Trivie expressly waive the right to a trial by jury or to participate in a class action. This agreement is intended to be interpreted broadly. This Section covers any and all disputes between us (“Disputes”), including without limitation:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
- claims that arose before this Agreement or any prior agreement (including, but not limited to, claims relating to advertising);
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- claims that may arise after the termination of this Agreement.
The only disputes that are not covered by this Section are the following:
- a claim to enforce or protect, or concerning the validity of, any of your or Trivie (or any of Trivie's licensors') intellectual property rights;
- a claim related to, or arising from, allegations of theft, piracy, or unauthorized use;
- In addition, nothing in this Section shall prevent either party from initiating a small claims court action.
References to " Trivie," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or Software under this or prior Agreements between us. This arbitration provision evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of these Terms of Service.
A. Informal Negotiations/Notice of Dispute. You and Trivie agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon receipt of written notice from one person to the other (“Notice of Dispute”). Notices of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought ("Demand"). Trivie will send its Notice of Dispute to your billing address (if you provided it to us) or to the email address you provided to us. You will send your Notice of Dispute to: Trivie Inc., 8604 Turtle Creek Blvd | PO Box 12801 | Dallas, TX 75225, ATTENTION: Legal Department.
B. Binding Arbitration. If you and Trivie are unable to resolve a Dispute through informal negotiations within 30 days after receipt of the Notice of Dispute, either you or Trivie may elect to have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT BY THIS PROVISION, YOU AND TRIVIE ARE FOREGOING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (AAA Consumer Rules), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, or if you send Trivie a notice to the Notice of Dispute address above indicating that you are unable to pay the fees required to initiate arbitration, then Trivie will promptly pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, and shall provide a statement of reasons if requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. You and Trivie may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
C. Restrictions. You and Trivie agree that any arbitration shall be limited to the Dispute between Trivie and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class action-basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AND TRIVIE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Trivie agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
D. Location. If you are a resident of the United States, arbitration will take place at any reasonable location convenient for you. For residents outside the United States, arbitration shall be initiated in Dallas County, State of Texas, United States of America, and you and Trivie agree to submit to the personal jurisdiction of that court, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
E. Recovery and Attorneys' Fees. If the arbitrator rules in your favor on the merits of any claim you bring against Trivie and issues you an award that is greater in monetary value than Trivie 's last written settlement offer made before written submissions are made to the arbitrator, then Trivie will:
- Pay you 150% of your arbitration award, up to $2,000 over and above your arbitration award; and
- Pay your attorney, if any, the amount of attorneys' fees, and reimburse any expenses (including expert witness fees and costs) that you or your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration ("the attorney premium").
The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
The right to attorneys' fees and expenses discussed above supplements any right to attorneys' fees and expenses you may have under applicable law, although you may not recover duplicative awards of attorneys' fees or costs. Trivie waives any right it may have to seek an award of attorneys' fees and expenses in connection with any arbitration between us.
F. Limitation on Arbitrator's Authority. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
G. Changes to This Provision. Notwithstanding any provision in this Agreement to the contrary, we agree that if Trivie makes any future change to this arbitration provision (other than a change to the Notice Address), you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.