FARPLAY, INC. PRIVACY POLICY

Effective date: December 20, 2022

FarPlay, Inc. (“FarPlay,” “we,” “our,” and/or “us”) values the privacy of individuals who use our website, along with products and services and associated software provided by us (collectively, our “Services”). This privacy policy (the “Privacy Policy”) explains how we collect, use, and share Personal Information from users of our Services (“Users”, “you”, and/or “your”). By using our Services, you agree to the collection, use, disclosure, and procedures this Privacy Policy describes. Beyond the Privacy Policy, your use of our Services is also subject to our Terms of Service (https://farplay.io/termsofservice). “Personal Information” means any information relating to an identified or identifiable individual.

1. PERSONAL INFORMATION WE COLLECT

We may collect a variety of Personal Information from or about you or your devices from various sources, as described below. Where required by applicable law, we indicate whether and why you must provide us with your Personal Information, as well as the consequences of failing to do so.

If you do not provide your Personal Information when requested, you may not be able to use our Services if that Personal Information is necessary to provide you with our Services or if we are legally required to collect it.

Personal Information You Provide to Us

• Registration Information. When you sign up for an account or sign up for notifications or updates, we ask you for your email address.

• Communications. If you contact us directly, we may receive additional Personal Information about you. For example, if you contact us for customer support, we may receive your email address, the contents of the message and any attachments you send to us, and any other Personal Information you choose to provide. When you respond to our surveys, we collect the Personal Information you provide.  If you subscribe to our newsletter, we will collect certain Personal Information from you, such as your email address. When we send you emails, we may track whether you open them to learn how to deliver a better customer experience and improve our Services.

• Payment Information. If you make a purchase through our Services, your payment-related information, such as credit card or other financial information, is collected by our third party payment processor on our behalf.  

Personal Information We Collect When You Use Our Services

• Location Information. When you use our Services, we may infer your general location information, for example, by using your internet protocol (IP) address.

• Device Information. We receive Personal Information about the device and software you use to access our Services, such as your IP address, web browser type, operating system version, application installations and device identifiers.

• Usage Information. To help us understand how you use our Services and to help us improve them, we automatically receive information about your interactions with our Services, such as the pages or other content you view, the dates and times of your visits, and the time and duration of your sessions. Due to the peer-to-peer technology used by the Service, we cannot, and do not, process or receive any audio or video data from your sessions.

• Information from Cookies and Similar Technologies. We and third party partners collect Personal Information using cookies, pixel tags, or similar technologies (collectively “Cookies”). Our third party partners, such as analytics partners, may use these technologies to collect Personal Information about your online activities over time and across different services. Cookies are small text files containing a string of alphanumeric characters. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to our Services. Please review your web browser’s “Help” file to learn the proper way to modify your cookie settings. Please note that if you delete or choose not to accept cookies from the Service, you may not be able to utilize the features of the Service to their fullest potential.
  
  We use the following categories of cookies:

• Functional Cookies: These Cookies are necessary for the Platform to operate. Without these Cookies, we may not be able to provide you with certain website functionalities. For example, session customization cookies are necessary to provide our website in the language of your preference.
  
• Analytics or Performance: We also use Cookies for analytics purposes to better understand how you use our Services, to measure the effectiveness of our customer communications, to diagnose and fix technology problems, and otherwise enhance our Services. We may use our own analytics Cookies or third-party analytics providers to collect and process certain data analytics on our behalf.

Personal Information We Receive from Third Parties 

• We may receive additional Personal Information about you from third parties such as community  or marketing partners and combine it with other Personal Information we have about you.

2. HOW WE USE THE PERSONAL INFORMATION WE COLLECT

 We use the Personal Information we collect for the purposes described below:

• To provide, maintain, improve, and enhance our Services;

• To understand and analyze how you use our Services and develop new products, services, features, and functionality;

• To communicate with you, provide you with updates and other information relating to our Services, provide information that you request, respond to comments and questions, and otherwise provide customer support;

• To generate anonymized, aggregate data containing only de-identified, non-Personal Information that we may use to publish reports;

• To facilitate transactions and payments;

• To find and prevent fraud, and respond to trust and safety issues that may arise;

• For compliance purposes, including enforcing our TOS or other legal rights, or as may be required by applicable laws and regulations or requested by any judicial process or governmental agency; and

• For other purposes for which we provide specific notice at the time the Personal Information is collected.

3. LEGAL BASES FOR PROCESSING EUROPEAN PERSONAL INFORMATION

If you are located in the European Economic Area (“EEA”) or the United Kingdom (together “Europe”), we only process your Personal Information when we have a valid “legal basis,” including as set forth below.

• Consent. You have consented to the use of your Personal Information, for example when you consent to receive electronic marketing communications or when you consent to the use of Cookies.

• Contract. We need your Personal Information to provide you with our Services. For example, we may need to process your Personal Information to respond to your inquiries or requests.

• Compliance with a Legal Obligation. We have a legal obligation to use your Personal Information, for example to comply with tax and accounting obligations.

• Legitimate Interests. We or a third party have a legitimate interest in using your Personal Information. Specifically, we have a legitimate interest in using your Personal Information for product development and internal analytics purposes, and to improve the safety, security, and performance of our Services. We only rely on our or a third party’s legitimate interests to process your Personal Information when these interests are not overridden by your rights and interests.
  

4. HOW WE SHARE THE PERSONAL INFORMATION WE COLLECT

We do not share or otherwise disclose Personal Information we collect from or about you except as described below or otherwise disclosed to you at the time of the collection.

• Affiliates. We may share any Personal Information we receive with our affiliates for any of the purposes described in this Privacy Policy.

• Vendors and Service Providers. We may share any Personal Information we receive with vendors and service providers retained in connection with the provision of our Services (e.g., payment and cloud service providers).

• Analytics Partners. We use analytics services such as Google Analytics to collect and process certain analytics data. These services may also collect Personal Information about your use of other websites, apps, and online resources. You can learn more about Google’s practices by visiting https://www.google.com/policies/privacy/partners/. You can opt out from Google’s cookies by downloading the Google Analytics opt-out browser add-on. To help us understand how you use our Services and to help us improve them, we automatically receive Personal Information about your interactions with our Services, like the pages or other content you view, purchases you make, and the dates and times of your visits.

• As Required By Law and Similar Disclosures. We may access, preserve, and disclose your Personal Information if we believe doing so is required or appropriate to: (a) comply with law enforcement requests and legal process, such as a court order or subpoena; (b) respond to your requests; or (c) protect your, our, or others’ rights, property, or safety. For the avoidance of doubt, the disclosure of your Personal Information may occur if you post any objectionable content on or through the Services.

• Merger, Sale, or Other Asset Transfers. We may transfer your Personal Information to service providers, advisors, potential transactional partners, or other third parties in connection with the consideration, negotiation, or completion of a corporate transaction in which we are acquired by or merged with another company or we sell, liquidate, or transfer all or a portion of our assets. The use of your Personal Information following any of these events will be governed by the provisions of this Privacy Policy in effect at the time the applicable Personal Information was collected.

• Consent. We may also disclose your Personal Information with your permission.

5. YOUR CHOICES/PREFERENCES

• Marketing Communications. You can unsubscribe from our promotional emails via the link provided in the emails. Even if you opt out of receiving promotional messages from us, you will continue to receive administrative messages from us.

• If you choose not to provide us with Personal Information we collect, some features of our Services may not work as intended.
• Your European Privacy Rights. If you are located in Europe, you have the additional rights described below:

1. You may request access to the Personal Information we maintain about you, update and correct inaccuracies in your Personal Information, restrict or object to the processing of your Personal Information, have your Personal Information anonymized or deleted, as appropriate, or exercise your right to data portability to easily transfer your Personal Information to another company. In addition, you also have the right to lodge a complaint with a supervisory authority, including in your country of residence, place of work or where an incident took place.
   
2. You may withdraw any consent you previously provided to us regarding the processing of your Personal Information at any time and free of charge. We will apply your preferences going forward and this will not affect the lawfulness of the processing before you withdraw your consent.
   

• The above rights may be limited under applicable law. Before fulfilling your request, we may ask you to provide reasonable information to verify your identity.

6. THIRD PARTIES

Our Services may contain links to other websites, products, or services that we do not own or operate.  We are not responsible for the privacy practices of these third parties. Please be aware that this Privacy Policy does not apply to your activities on these third party services or any Personal Information you disclose to these third parties. We encourage you to read their privacy policies before providing any Personal Information to them.

7. SECURITY

We use physical, organizational, and technical safeguards that are designed to improve the integrity and security of Personal Information that we collect and maintain.

8. CHILDREN

We do not knowingly collect, maintain, or use Personal Information from children under 16 years of age, and no part of our Services are directed to children. If you learn that a child has provided us with Personal Information in violation of this Privacy Policy, then you may alert us at support@farplay.io.

9. RETENTION
   

We take measures to delete your Personal Information or keep it in a form that does not permit identifying you when your Personal Information is no longer necessary for the purposes for which we process it unless we are required by law to keep your Personal Information for a longer period. When determining the specific retention period, we consider various factors, such as the type of service provided to you, the nature and length of our relationship with you, and mandatory retention periods provided by law and the statute of limitations.

10. INTERNATIONAL TRANSFERS OF DATA

Our Services are hosted in the United States. If you choose to use the Services from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your Personal Information outside of those regions to the United States for storage and processing. Also, we may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Services. If you are located in Europe, we will comply with applicable European data protection laws when transferring your Personal Information outside of Europe. We may transfer your Personal Information to countries which have been found to provide adequate protection by the EU Commission or the UK government, to recipients who use contractual protections for the transfer of Personal Information, or to recipients who have adopted Binding Corporate Rules. We may also rely on an appropriate legal derogation. If you are located in Europe, you may contact us as specified below to obtain a copy of the safeguards we use to transfer Personal Information outside of Europe.

11. ACCESSING/UPDATING YOUR PERSONAL INFORMATION

You can update your account Personal Information or close your account by going to your Account Preferences at https://farplay.io/myAccount, or by contacting us at support@farplay.io.

12. CHANGES TO THIS PRIVACY POLICY

We will post any adjustments to the Privacy Policy on this page, and the revised version will be effective when it is posted. If we materially change the ways in which we use or share Personal Information previously collected from you through the Services, we will notify you through the Services, by email, or other communication.

13. CONTACT US

FarPlay, Inc. is responsible for processing your Personal Information. If you have any questions, comments, or concerns about our processing activities, please email us at support@farplay.io.