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Privacy Policy

HEATWAVE INTERACTIVE, INC. PRIVACY POLICY

Last Updated: August 30, 2010.

Heatwave Interactive, Inc. (“Heatwave” or “we“) provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of personal information we receive from users of our websites, on-line games (“Game“) and other online properties (collectively the “Properties”), which we make available on the Internet and from third party web-sites. This Privacy Policy also applies to visitors just browsing the Properties. This policy is current as of its last revision date indicated above. However, please note that this policy may be amended from time to time to reflect changes and additions to the Privacy Policy. Please check back for the most current version before relying on any of the provisions in this Privacy Policy. Your continued use of the Properties will constitute your acceptance of any and all changes made to the Privacy Policy.

As used in this policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.

Information Collection and Use

Our primary goals in collecting information are to enable you to enjoy the Properties and play the Game, as well as to provide related services, features and content and to administer your membership (together, the “Services“).

Personally Identifiable Information.

  • Personal Information” refers to information about you that can be used to contact or identify you.
  • You may access the Properties, including the Game, via Facebook, MySpace, or other social networks or different types of third-party websites where we may decide to offer the Game (“Entry Point Site”) or through the www.heatwave.com website (“Heatwave Site“), by clicking on the Platinum Life application available on the Entry Point Site or the Heatwave Site (“Application”). If you are accessing the Game through an Entry Point Site, upon clicking on the Application and accepting the Terms of Service, we will extract certain information that you have provided to the Entry Point Site (including Personal Information such as your “real” name, alias, e-mail address, and city) from the account that you have with such Entry Point Site (“Entry Point Account”). If you are accessing the Game through the Heatwave Site, you will be required to provide certain information to us (including Personal Information such as your name, email address, and the city and country in which you live.  Based on the foregoing information, we will create a new account for you (“Platinum Account“), and you will become a “User“.
  • We will use the information extracted from your Entry Point Account only to create your Platinum Account and to link such account to your Entry Point Account.
  • Once you become a User, or if you want us to provide other Services, you may be required to provide us with additional Personal Information. For instance, if you decide to engage in commercial transactions in the Game (e.g., to purchase Platinum Points), you may be required to provide information such as your “real” name, phone number, credit card or other billing information, postal address and email address. We use such Personal Information to complete your transactions, administer your inquiries and provide the Services to you. If you decide to sign up for our text messaging alerts program, you will be required to provide your cellular telephone number to us so that we can send you messages with information about new features of the Game, your “challenges” and corresponding scores within the Game and marketing or promotional materials, and other information that may be of interest to you. In addition, if you decide to participate in surveys, contests or sweepstakes (any of these a “Promotion“), you may be required to provide us with Personal Information like your email address, physical address, or telephone number to administer your participation in the Promotion.
  • We may also collect the other information that you provide as part of registration and the administration and personalization of your profile (e.g., without limitation, zip code (on its own) and individual preferences) (“Non-Identifying Information“).
  • Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified.  But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your viewing preferences).  We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other users  to attempt to provide you with a better experience, to improve the quality and value of the Properties and the Services and to analyze and understand how our Properties and the Services are used.   We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.
  • We also use your Personal Information to contact you with our newsletters, marketing or promotional materials, including without limitation Promotions, and other information that may be of interest to you.  If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or update your “user preferences” information. (See “Changing or Deleting Information,” below.)

Log Data. When you access some or all of the Properties, whether as a User or a non-registered user just browsing, our servers may automatically record information that your browser sends whenever you visit a website (“Log Data”).  This Log Data may include information such as your computer’s Internet Protocol (“IP“) address, browser type or the webpage you were visiting before you came to our Properties, pages of our Properties that you visit, the time spent on those pages, information you search for on our Properties, access times and dates, and other statistics.  We use this information to monitor and analyze use of the Properties and the Services and for technical administration, to increase our Properties’ functionality and user-friendliness, and to better tailor it to our visitors’ needs.  For example, some of this information is collected so that when you access the Properties again, it will recognize you and serve advertisements and other information appropriate to your interests.  We also use this information to verify that visitors to the Properties and users of the Services meet the criteria required to process their requests.

Cookies

Like many websites, we use “cookies” to collect information.  A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes.  We may use cookies for two purposes.  First, we utilize persistent cookies to save your registration ID and login password for future logins to the Properties and the Services.  Second, we may utilize session ID cookies to enable certain features of the Properties and the Services, to better understand how you interact with the Properties and the Services and to monitor aggregate usage and web traffic routing on the Properties and the Services.  Unlike persistent cookies, session cookies are deleted from your computer when you log off and then close your browser. Third party advertisers on the Properties may also place or read cookies on your browser.  You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit.  If you do not accept cookies, however, you may not be able to use all portions of the Properties or the Services or all functionality of the Services.

Phishing
Identity theft and the practice currently known as “phishing” are of great concern to Heatwave.  Safeguarding information to help protect you from identity theft is a top priority.  We do not and will not, at any time, request your credit card information, your login password, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication.  For more information about phishing, visit the Federal Trade Commission’s website.

Information Sharing and Disclosure

Users.  Upon registration, you will be asked to choose a character/avatar and “screen name” for such character/avatar. You can choose what other Personal Information you provide as part of your User profile, including without limitation your picture.  Providing such information is voluntary and should correlate with the degree of interaction you want to have with other Users.   We recommend that you guard your anonymity and sensitive information and that you not use your real name as your “screen name,” since that would allow others to identify you.

Aggregate Information and Non-Identifying Information.  We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.

In-Game Forum. Once you become a User, you may be asked if you wish to participate in an on-line game forum for the Game.  If you chat or engage in any interaction with other Users or post comments, you may be disclosing to other Users Personal Information or Non-Identifying Information about yourself. We encourage you to be very careful, particularly when doing so may reveal your identity or provide other Users with the ability to locate you or contact you in the “real world”.

Furthermore, Heatwave may use third party companies to operate, run and host such online game forums; consequently, if you want to participate on such an online forum, Heatwave will, when necessary, share your Personal Information and Non-Identifying Information with such third parties for the sole purpose of your participation in the online game forum. The Personal Information and Non-Identifying Information that Heatwave shares with the third parties as contemplated in this section, will be used by the applicable third party in accordance with the applicable third party’s privacy policy and Heatwave does not endorse, authorize or represent that third party, or that third party’s privacy or information security policies or practices, nor does Heatwave exercise control over the online game forums and websites relating thereto. These third party websites may place their own cookies or other files on your computer, collect data or solicit personal information from you and follow different rules regarding the use or disclosure of the personal information you submit to them.  We encourage you to read the privacy policies or statements of these third party websites before you decide to participate in such online game forums.

Service Providers.  We may employ third party companies and individuals to facilitate our providing the Properties and the Services, and to perform related services (e.g., without limitation, maintenance services, database management, administration of Promotions, web analytics and improvement of the Properties’ features) or to assist us in analyzing how our Properties and Services are used.  These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. We may also provide Personal Information to our business partners or other trusted entities for the purpose of providing you with information on goods or services we believe will be of interest to you.  You can, at any time, opt out of receiving such communications.

Compliance with Laws and Law Enforcement.  Heatwave cooperates with government and law enforcement officials and private parties to enforce and comply with the law.  We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Heatwave or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.

Business Transfers.  Heatwave may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy, in which case your personally identifiable information may be transferred to Heatwave’s successor or assign resulting from such events

Changing or Deleting Your Information

You may review, update, correct or delete the Personal Information by contacting us by using a form available at www.heatwave.com/contact. However, if you wish to make any changes to the information contained in your Entry Point Account, you need to do that through the applicable Entry Point Site.

If you completely delete all information in your Platinum Account, then your Platinum Account may become deactivated.  If you would like us to delete your record in our system, please contact us and we will attempt to accommodate your request if we do not have any legal obligation to retain the record.  See below for privacy contact information.

Security

Heatwave is very concerned with safeguarding your information.  We employ administrative, physical and electronic measures designed to protect your information from unauthorized access.

We will make any legally required disclosures of any  breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting in the Game or other Properties in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

International Transfer

Your information may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction.  If you are located outside the United States and choose to provide information to us, Heatwave transfers Personal Information to the United States and processes it there.  Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer and the use of such information for the uses identified above in accordance with this Privacy Policy.

Links to Other Games
Our Properties contain links to other websites.  If you choose to visit an advertiser by “clicking on” a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third party’s website.  The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices.  We do not exercise control over third party websites.  These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you.  Other sites follow different rules regarding the use or disclosure of the personal information you submit to them.  We encourage you to read the privacy policies or statements of the other websites you visit.

Our Policy Toward Children
Our Properties are not directed to children under 13. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at privacypolicy@heatwave.com. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.


Contacting Us

If you have any questions about this Privacy Policy, please contact us at privacypolicy@heatwave.com or at www.heatwave.com.



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