Table of Contents
THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND EMBER, AND BY USING THE WEBSITE AND SERVICES, YOU AGREE TO THE TERMS OF THIS AGREEMENT. You should review this Policy in conjunction with our Terms of Service available on our Website, and any other agreement provided by us that governs your use of the Websites and Services. You should not use the Websites and/or Services if you do not agree with any of the foregoing. Terms not otherwise defined herein shall the same meaning as any definition set forth in the Terms of Service.
The Websites and/or Services may contain links to other websites that are owned or operated by third parties (referred to in our Terms of Service as “Linked Sites”). When you click on any link for a Linked Site and/or visit a Linked Site’s website, you should be aware that you are leaving an Ember Site, and this Policy does not apply to any such Linked Sites. Additionally, if you use our Services on or through a third party platform, including via any wireless devices (like your mobile phone or tablet), your personal data may also be processed by and subject to the privacy policies and terms of service of the third party platform. We do not control and are not responsible for the terms of service, privacy policies and/or practices of any Linked Sites or any third party platform you may use to access the Websites and/or Services, and you should review the policies and agreements of such Linked Sites and/or third party platforms carefully.
The Websites and Services are not intended for children under the age of 16 and we do not knowingly collect any personal information from such children. Children under the age of 16 should not use or attempt to use our Websites or Services, and if you are under 16, please do not attempt to use our Website or Services or send any information about yourself to Ember. In the event that we learn that we have inadvertently gathered personal data from a child under the age of 16, we will take reasonable measures to erase such information from our records. Parents who believe that Ember might have any information from or about a child under 16, may submit a request to firstname.lastname@example.org and request that the information be removed.
Ember may collect different information from or about you depending upon the manner in which you use the Websites or Services. The following examples are provided to help you better understand the information we may collect through your use of and/or interaction with the Websites and/or Services:
Information Received Through Your Third Party Platform Account
When you use or connect to an Ember Website or Service on or through a third party platform, such as Facebook or another social networking site, (including using a third party platform account to sign into an Ember Website or Service), you allow us to access and/or collect certain information from your third party platform account as permitted by the terms of the agreement and your privacy settings with the third party platform. The information you allow us to access and collect varies depending on the Ember Service you use as well as the terms of the third party platform and your privacy settings thereon. By way of example only, Ember may access and/or collect some or all of the following information from your third party platform account: your full name as provided to the third party platform, your profile picture or its URL, your user ID number, which is linked to publicly available information such as name and profile photo, the user ID numbers for your friends that are also connected to our game(s), the login e-mail you provided to the third party platform when you registered, your physical location and that of your access devices, including any wireless device (collectively, “Third Party Platform Information”).
When you use an Ember Service we may assign you a unique identifying number (“ID number”) which is not publicly displayed to other Ember users. Additionally, you may be able to select a user name and/or in-game character name (collectively, “User Name”). Please note, your User Name will be publicly viewable by others who have access to the Websites and/or Services, and, in some instances, may be viewable to others outside of Ember through Internet searches and/or indexing. We recommend you do not use your real name or other information that may be used to personally identify you as part of your User Name as this information may be used to make unwanted contact with you or for other purposes by third parties. We are not responsible for your User Name and/or the manner in which it may be used by third parties.
Information Received Through Your Wireless Device
If you use an Ember Service on or through a wireless device, we may, in accordance with the terms of any applicable agreement with the wireless device carrier (and as allowed by your privacy settings) collect certain information such as your unique device identifier (a number automatically assigned to your mobile or wireless device), device type, and information you choose to provide or share through your wireless device, such as e-mail address.
We may send push notifications to your mobile device to provide game updates and other relevant messages. You can manage push notifications from the “options” or “settings” page within the mobile application. You also may be able to manage them from your device’s settings page for the mobile application.
We do not ask you for, access or track any precise location based information from your mobile device at any time while downloading or using the Sites and/or Services. Any location information we do obtain is not used to inform any advertising or marketing material targeted to you.
Information You Provide to Us Directly
When you use any of the Websites or Services (including through a third party platform) we will collect any information you provide to us directly such as registration information we request in connection with your use of certain Websites or Services or portions thereof (for example, name, age, birthday, email address and password) and any additional profile information you choose to provide. You should exercise care and caution in adding any additional profile information as profile information will be publicly viewable to others and may in some instances be indexed by search engines and viewable outside of the Ember Websites and/or Services. Your profile information may be used by third parties in unwanted ways, and Ember is not responsible for information you supply in your Profile and/or the manner in which it is used by others.
Keep in mind that your Public Posting will be visible to anyone who has access to the Websites or Services and may in some instances be viewable outside of Ember as such Public Postings may, in certain instances, show up in Internet searches and/or be indexed by search engines. Using certain tools, it may be possible for you or third parties to copy, cut, and/or post your Public Posting or other information to different locations (including to websites not owned/operated by Ember). This may result in the disclosure of private information on third party websites—for which Ember is not responsible—and, in some cases, may subject you to liability for information posted by or about you. Therefore, you should exercise caution in all Public Postings, and we recommend you do not provide personal information that may be used to identify and/or contact you in a Pubic Posting. To request removal of your Public Postings, contact us. In some cases, we may not be able to remove your Public Postings, in which case we will let you know if we are unable to do so and why.
On some Ember Websites and Services, your User Name as well as your Profile Information (including any third party platform profile picture) may be displayed in conjunction with your Public Posting. Thus, those accessing this information may be able to identify you, including by using other available sources of information, such as your related third party platform account or information on other websites.
If you purchase any products or services through our Websites or Services, such as in game Virtual Currency (as defined in the Terms of Service), Site Items (as defined in the Terms of Service) or goods, we may collect certain information regarding your purchase (such as your name or other identifier and purchase details) as necessary to process your order, and you will be required to provide certain payment and billing information directly to our payment processing partners, such as but not limited to your name, credit card information, billing address, and zip code. We do not directly access, store or collect your credit card information, and we will not use your payment information except as needed to fulfill your purchase and/or communicate with you regarding your transaction.
Communications, Support Requests, Potential Abuse
Sweepstakes, Promotions, and Surveys
Technical & Usage Information We Collect Through Automated Means
We may also employ web beacons or other technology for a variety of reasons such as: (i) allowing us to know if a certain page was visited or whether an e-mail was opened; (ii) 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.
We use a session cookie to remember your log-in for you and process your purchases of Site Items. These we deem strictly necessary to the working of the Websites. If these are disabled, then various functionalities on the site will be broken.
Google Analytics – we use this to understand how the site is being used in order to improve user experience. You can find out more about Google’s position on privacy as regards its analytics service at:
We will only use your personal data as permissible by law. Most commonly, we will use your personal data in the following circumstances:
- Where we need to perform the contract we are about to enter into or have entered into with you.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override our interests.
- Where we need to comply with a legal or regulatory obligation.
Where we rely on legitimate interests as our lawful basis for processing your personal data, the legitimate interest is typically one of the following: to operate Websites and Services and our business generally, to serve advertisements which help fund the Websites and Services, to improve our Websites and Services and maintain their relevance and attractiveness to users, to perform transactions with you and related third parties, to maintain accurate records, to study how our Websites and Services are used, to ensure the security and intended operation of our Websites and Services, to prevent fraud, to promote our Websites and Services and to inform our marketing strategy and to communicate with you.
Note that we may process your personal data on more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data.
We will only share your information (including personal data) with the third parties listed on Exhibit A (as updated from time to time) or under the following circumstances:
Safety, Security, Cooperation With Law Enforcement, & Compliance With Legal Obligations
Employees, Third Party Service Providers, Contractors or Agents
We may share your information with our employees, the third party companies that perform services on our behalf described on Exhibit A, as amended from time to time, including payment processing, order fulfillment, data analysis, marketing services, e-mail campaigns, hosting services, and customer service. While providing the services for us, these companies may access your personal information, and are required to use it solely as directed by us.
Business Transfers, Sales or Mergers or Divestitures
In the event that Ember undergoes a business transition, such as a merger, acquisition, corporate divestiture or dissolution (including bankruptcy), or a sale of all or a portion of its assets, including in connection with the sale or other transfer of a game, we may share, disclose or transfer all of your information, including personal data, to the successor organization in such transition.
We may share your information in connection with any promotion you enter on or through the Websites, as necessary to administer, market, sponsor, or fulfill the promotion or as required by applicable laws, rules or regulations (for example, to provide winners’ lists or make required filings as appropriate) or in accordance with the applicable official rules of the promotion you enter.
With Your Permission
Advertising of Third Party Products/Services
Social Media Features
Ember games or their purchase pages may display an “offer wall” that may be hosted by a third party offer wall provider. The offer wall allows third party advertisers to provide virtual currency to users in exchange for interacting with an advertisement or for completing a marketing offer that may include signing up for an account with one of those advertisers. These offers are not controlled by or made by Ember. These offers may be displayed to you based on certain technical information, such as your geographic area or anonymous demographic information. After clicking on one of these advertisements, you will no longer be on a site hosted by Ember or a partnering Third Party Platform. To properly credit user accounts and to prevent fraud, a unique identifier will be shared with the offer wall provider. This identifier is used to ensure proper crediting of your account, prevent fraud or duplicate offers and to resolve any customer service inquiries that may arise. Once you complete an offer, you may then be returned to an Ember Website or Service.
Ember takes appropriate technical and organizational security measures to protect against unauthorized access to, or unauthorized alteration, disclosure or destruction of, personal data that you share and we collect and store. These security measures may include practices such as keeping your sensitive data on a secured server behind a firewall, transmitting sensitive information (such as a credit card number) entered on our site or mobile application using secure socket layer technology (SSL), internal reviews of our data collection practices and platforms, as well as physical security measures to guard against unauthorized access to systems where we store your information. Unfortunately, however, no security system can be 100% secured, and we cannot guarantee that communications between you and Ember, the Websites or Services, or any information provided to us in connection with the information we collect through the Websites or Services will be free from unauthorized access by third parties. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time. Your password is an important component of our security system. As such, it is your responsibility to protect it. Do not share your password with any third parties. If your password has been compromised for any reason, you should change it immediately and follow the notification procedures set forth in Section 6 of our Terms of Service.
You have the right to request a copy of your information, to object to our use of your information (including for marketing purposes), to request the deletion or restriction of your information, to request your information in a structured, electronic format, the right to have your personal data rectified if it is incorrect, the right to withdraw your consent to processing of your personal data (where the consent is the lawful basis for such processing) and the right to lodge a complaint with a supervisory authority, which may be the Data Protection Authority in the country where you reside.
Please be aware that even after your account is terminated or deleted some or all of your information may still remain visible to others, including but not limited to any information that has been: (a) incorporated into other user’s content, comments, postings, submissions, including but not limited to cities, resources or other in-game assets; (b) copied, stored or disseminated by other users; (c) shared or disseminated by you or others such as in a Public Posting; or (4) posted on a third party platform. A request to delete and/or termination of your account will not result in the removal of information collected and already put in aggregate form or information that cannot be removed by Ember. Ember is not able and/or obligated to remove any of your information from a third party platform.
You may opt out of receiving marketing communications and automated messages from us by using the unsubscribe link within each email, by managing notifications settings on your device or by contacting us to have your contact information removed from all promotional and transactional emails. However, even after you opt out from receiving promotional messages from us, you will continue to receive certain transactional messages from us regarding our products and services such as payment failure notices or account suspension notices sent via email.
It is necessary for us to process some of your personal data in order to allow you to use the Websites and/or the Services. To the extent the exercise of any of the rights described in this section prohibits us from processing your personal data, it may not be possible for us to continue to provide the Websites and/or the Services.
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Without limiting the previous sentence, if we have a business relationship with you or an entity you represent, we will retain your personal data for at least the duration of that relationship (subject to the exercise of any of your rights as a data subject). Otherwise, the length of time for which we retain information will depend on the nature of the information. Specifically:
Profile Data and Identity Data
We retain your profile data and identity data for as long as your account is active and a reasonable period thereafter in case you decide to re-activate your account. Where we retain information for service improvement and development, we only use the information to uncover collective insights about the use of our services, not to specifically analyze personal characteristics about you.
Even if your account is deactivated or disabled, some of your information and the content you have provided will remain in order to allow other users to make full use of the social aspects of our Websites and Services. For example, we may continue to display content you have provided such as posts or responses.
If you have elected to receive marketing communications from us, we retain information about your marketing preferences for a reasonable period of time from the date you last expressed interest in our services, such as when you last opened an email from us. We retain information derived from cookies and other tracking technologies for a reasonable period of time from the date such information was created.
You are entitled to request us to erase any personal data we hold about you under EU General Data Protection Regulation (GDPR).
Should you desire to make this request, please fill out the official right to erasure request form from the GDPR website located here: https://gdpr.eu/wp-content/uploads/2019/01/RIGHT-TO-ERASURE-REQUEST-FORM.pdf.
Once complete you may submit it to us in one of two ways to start the process of personal data deletion.
- Email: email@example.com
- Or by mail to: Ember Entertainment, 11410 NE 124th St, PMB 603, Kirkland, WA 98034
Our business operates principally in the United States of America and to the extent we process your data directly we will do so in the United States. When you provide information to us directly, you are transferring that information to the United States. We will only transfer your data to third parties outside of the European Economic Area (a) if we have first obtained your prior consent; or (b) after taking such measures as are necessary to ensure the transfer is in compliance with the requirements of the GDPR. Such measures may include (without limitation) transferring your data to a recipient in a country that the European Commission has decided provides adequate protection for personal data, to a recipient that has achieved binding corporate rules authorization in accordance with the GDPR, to a recipient in the United States that has certified its compliance with the EU-US Privacy Shield, or to a recipient that has executed standard contractual clauses adopted or approved by the European Commission. The third parties outside the European Economic Area that we currently propose to transfer your personal data to are set forth on Exhibit A. Exhibit A may be updated from time to time.
Please feel free to contact us by:
- submitting an email to us at firstname.lastname@example.org
- writing us at Ember Entertainment, 11410 NE 124th St, PMB 603, Kirkland, WA 98034
- calling us at 206-687-7113
THIRD PARTY PROCESSORS/SUB-PROCESSORS OF YOUR DATA
To support the Website and the Services, we use different service providers that may store and process personal data about you. This section provides important information about the identity, location, and role of these Data Processors/Subprocessors. We use diﬀerent types of Processors/Subprocessors to perform various functions as explained in the table below.
Marketing and Analytics
Marketing and Analytics